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HomeMy WebLinkAboutAgenda Packet 2002/05/28 CITY COUNCIL AGENDA May 28, 2002 6:00 p.m. Council Chambers Public Services Building 276 Fourth Avenue, Chula Vista CrlY OF CHULA 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 May 28, 2002 6:00 P.M. CALL TO ORDER ROLL CALL: Councilmembers Davis, Padilla, Rindone, Salas, and Mayor Horton. PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY · OATH OF OFFICE: KEVIN CARLSON ECONOMIC DEVELOPMENT COMMISSION CONSENT CALENDAR (Items 1 through 10) 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 lobb)O and submit 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. APPROVAL OF MINUTES of May 14 and May 21, 2002. Staff recommendation: Council approve the minutes. 2 A. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING SECTION 19.09.040 D OF THE CHULA VISTA MUNICIPAL CODE RELATING TO GROWTH MANAGEMENT QUALITY OF LIFE THRESHOLD STANDARDS FOR LIBRARY THRESHOLD STANDARDS (SECOND READING AND ADOPTION) B. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING SECTIONS 19.09.040 A AND B OF THE CHULA VISTA MUNICIPAL CODE RELATING TO GROWTH MANAGEMENT QUALITY OF LIFE THKESHOLD STANDARDS FOR POLICE AND FIRE/EMERGENCY MEDICAL SERVICES THRESHOLD STANDARDS (SECOND READING AND ADOPTION) At the May 31, 2001 joint meeting of the Growth Management Oversight Commission (GMOC), Planning Commission, and City Council, the GMOC presented the 2000 Growth Management Annual Report, which calls for amendments to the threshold standards for Police, Fire/Emergency Medical Services, and Libraries. The Planning Commission and City Council unanimously accepted the report and directed staff to prepare the proposed changes in the threshold standards for formal adoption. (Deputy City Manager/Library Director, Police Chief, Fire Chief, Director of Planning and Building) Staffrecommendation: Council place the ordinances on second reading for adoption. 3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CHANGE ORDERS REQUESTED BY THE EASTLAKE COMPANY ASSOCIATED WITH OLYMPIC PARKWAY BETWEEN STATE ROUTE 125 AND HUNTE PARKWAY The Eastlake Company is responsible for constructing Olympic Parkway from Hunte Parkway to State Route 125. The construction schedule is accelerated to open Olympic Parkway on October 30, 2002. Adoption of the resolution approves change orders associated with the project for Transportation Development Impact Fee credit. (Director of Public Works) Staff recommendation: Council adopt the resolution. 4A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROViNG THE FiNAL MAP FOR SAN MIGUEL RANCH PLANNING AREA E-l, CHULA VISTA TRACT NO. 99-04; ACCEPTiNG ON BEHALF OF THE CITY OF CHULA VISTA THE VARIOUS STREETS AND EASEMENTS, ALL AS GRANTED ON SAID MAP, WITHIN SAiD SUBDIVISION; APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION; AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROViNG THE FiNAL MAP SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR SAN MIGUEL RANCH PLANNING AREA E-l, CHULA VISTA TRACT NO. 99-04, REQUIRING DEVELOPER TO COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF RESOLUTION NO. 2000-068, AND AUTHOR/ZING THE MAYOR TO EXECUTE SAID AGREEMENT C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT FOR SAN MIGUEL RANCH NEIGHBORHOOD E-l, ESTABLISHING SPECIFIC OBLIGATIONS AND RESPONSIBILITIES FOR MAINTENANCE OF PRIVATE LANDSCAPING WITHIN PUBLIC RIGHT-OF-WAY, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Adoption of the resolutions approves 68 single-family detached residential lots for Buie Corporation's Neighborhood E-1 within Phase 2 of San Miguel Ranch. The tentative subdivision map for Chula Vista tract no. 99-04, San Miguel Ranch, was approved on February 29, 2000. (Director of Pubtic Works) Staffrecommendation: Council adopt the resolutions. Page 2 - Council Agenda 05/28/02 5 A. RESOLUTION' OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL MAPS OF CHULA VISTA TRACT NO. 01-09, EASTLAKE III VISTAS PHASE 2 AND EASTLAKE III WOODS NEIGHBORHOODS WR-I AND WR-3; ACCEPTiNG ON BEHALF OF THE PUBLIC THE VARIOUS PUBLIC STREETS, ACCEPTiNG ON BEHALF OF THE CITY THE VARIOUS EASEMENTS, ALL AS GRANTED ON SAID MAPS WITHiN SAID SUBDIVISIONS; ACKNOWLEDGiNG .ON BEHALF OF THE CITY ALL IRREVOCABLE OFFERS OF DEDICATION FOR OPEN SPACE LOTS GRANTED ON SAID MAPS WITHIN SAID SUBDIVISIONS; ACKNOWLEDGING ON BEHALF OF THE CITY THE IRREVOCABLE OFFER OF DEDICATION FOR PUBLIC PARK PURPOSES GRANTED WITHiN THE VISTAS PHASE 2 FiNAL MAP; APPROViNG THE SUBDIVISION IMPROVEMENT AGREEMENTS FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISIONS, AND AUTHORIZiNG THE MAYOR TO EXECUTE SAID AGREEMENTS B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 01-09, EASTLAKE III VISTAS PHASE 2 REQUIRING EASTLAKE COMPANY, LLC TO COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF RESOLUTION NO. 2001-269, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 01-09, EASTLAKE III WOODS NEIGHBORHOODS WR-1 AND WR-3 REQUIRING EASTLAKE COMPANY, LLC TO COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF RESOLUTION NO. 2001-269, AND AUTHORIZiNG THE MAYOR TO EXECUTE SAID AGREEMENT On August 14, 2001, Council approved the tentative subdivision map for Chula Vista tract no. 01~09, Eastlake III Woods and Vistas. Adoption of the resolutions approves the final maps for Vistas Phase 2, Woods Neighborhoods WR-1 and WR-3, and the associated Subdivision Improvement Agreements and Supplemental Subdivision Improvement Agreements. (Director of Public Works) Staffrecommendation: Council adopt the resolutions. 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A THREE-YEAR AGREEMENT BETW'EEN THE CITY OF CHULA VISTA AND THE SAN DIEGO UNIFIED PORT DISTRICT FOR TIDELANDS MAINTENANCE SERVICES ON DISTRICT PROPERTY VVITHIN THE CITY OF CHULA VISTA iN AN AMOUNT NOT TO EXCEED $1,098,464 The Port District has contracted park maintenance services from the City of Chula Vista to maintain Port District parks and other landscaped areas within Chula Vista since September 1977. The current three-year maintenance agreement between the City of Chula Vista and the San Diego Unified Port District will expire on June 30, 2002. A new three-year agreement is proposed to continue this arrangement. (Director of Public Works) Staff recommendation: Council adopt the resolution. Page 3 - Council Agenda 05/28/02 7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE CONSULTANT SELECTION PROCESS AS IMPRACTICAL AND APPROVING AN AGREEMENT WITH MNA, CONSULTiNG FOR PROFESSIONAL SERVICES TO ASSIST IN THE LOCAL AGENCY FORMATION COMMISSION'S SOUTH SAN DIEGO COUNTY SERVICE REVIEW FOR WATER AND SEWER SERVICES, AND APPROPRIATING FUNDS FROM THE AVAILABLE FUND BALANCE IN THE SEWER SERVICE REVENUE FUND, AND AUTHORIZiNG THE MAYOR TO EXECUTE SAID AGREEMENT (4/5THS VOTE REQUIRED) The San Diego Local Agency Formation Commission (LAFCO) is conducting a study of the water and sewer service to the citizens of southern San Diego County. This study is the result of concerns that local governments in this area have had with the new Board of Directors of the Otay Water District. City staffneeds expertise in providing information to LAFCO about our sewer service as well as expertise in reviewing the comments from Otay Water District. (Director of Public Works) Staffrecommendation: Council adopt the resolution. 8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A FIRST AMENDMENT TO THE AGREEMENT WITH MUNIFINANCIAL, INC. FOR ASSESSMENT DISTRICT DELiNQUENCY MONITORING TO INCLUDE COMMIJNITY FACILITIES DISTRICTS, A_ND AUTHORIZiNG THE MAYOR TO EXECUTE SAID AMENDMENT The City has an existing three-year agreement with MuniFinancial, Inc. to perform delinquency-monitoring services and coordinate the collection of all delinquent installment payments for the City's existing assessment districts for the period of January 1, 2001 to December 31, 2003. This action adds the City's bonded Community Facilities Districts to this contract by means of a first amendment, in order to insure that the City's fiduciary responsibilities to the bondholders is fulfilled. (Director of Public Works) Staff recommendation: Council adopt the resolution. 9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLINING PARTICIPATION IN THE 2002/2003 JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT PROGRAM, AND SUPPORTING TRANSFER OF $45,665 FROM THE PROGRAM TO THE COUNTY OF SAN DIEGO TO ENHANCE THE REGIONAL JUVENILE INFORMATION SYSTEM The Federal Office of Juvenile Justice and Delinquency Prevention is continuing with the Juvenile Accountability Incentive Block Grant monies, which are available through the California Office of Criminal Justice Planning. A total of $1.1 million dollars is available to the San Diego region and it is proposed that all of the agencies in the County pool resources in an effort to enhance accountability of juveniles in the justice system. (Chief of Police) Staffrecom_mendation: Cmmcil adopt the resolution. Page 4 - Council Agenda 05/28/02 10 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE CITY'S FORMAL BIDDING PROCESS, APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA, BURKETT & WONG (CONSULTANT), MCMILLIN OTAY RANCH, LLC AND OTAY RANCH, LLC (APPLICANTS), FOR THE PREPARATION OF A PUBLIC FACILITIES FINANCE PLAN FOR THE FREEWAY COMMERCIAL PORTION OF PLANNING AREA 12 IN THE OTAY RANCH GENERAL DEVELOPMENT PLAN, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The McMillin Companies submitted a Sectional Planning Area (SPA) Plan for Freeway Commercial of the Otay Ranch Planning Area 12. The Otay Ranch General Development Plan and the City's Growth Management Ordinance require the preparation of a Public Facilities Finance Plan (PFFP) with each SPA in order to evaluate the project under the City's Growth Management Threshold Standards. The Otay Ranch Company is a co- applicant in the SPA plan and will assume a proportional share of the cost of the PFFP document. Because of their unique qualifications, staff is recommending the City's formal bidding process be waived, and the firm of Burkett & Wong be selected to prepare the PFFP for the Freeway Commercial SPA Plan. (Director of Planning and Building) Staffrecommendation: Council adopt the resolution. 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 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. 11. CONSIDERATION OF A TENTATIVE SUBDIVISION MAP KNOWN AS SAN MIGUEL RANCH LOT 5, CHULA VISTA TRACT 02-08; INVOLVING 107 SINGLE- FAMILY LOTS ON 22.39 ACRES, LOCATED AT THE NORTHWEST CORNER OF MOUNT MIGUEL ROAD AND PROCTOR VALLEY ROAD IN THE SAN MIGUEL RANCH PLANNED COIvlMUNITY (PCS 02-08) (CONTINUED FROM MAY 14, 2002) The applicant, Pardee Construction Company, has submitted an application requesting approval of a tentative subdivision map known as San Miguel Ranch Lot 5, Chula Vista Tract 02-08, to subdivide 22.39 acres into 107 single-family residential lots. The Page 5 - Council Agenda 05/28/02 proposed subdivision is located at the northwest comer of Mount Miguel Road and Proctor Valley Road in the San Miguel Ranch Planned Community. (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 APPROVING THE TENTATIVE SUBDIVISION MAP AND CONDITIONS OF APPROVAL FOR SAN MIGUEL RANCH LOT 5, CHULA VISTA TRACT 02-08 12. CONSIDERATION OF AMENDMENTS TO THE EASTLAKE III SECTIONAL PLANNING AREA PLAN, OTAY RANCH VILLAGE ELEVEN SECTIONAL PLANNING AREA PLAN, AND OTAY RANCH VILLAGE SIX SECTIONAL PLANNING AREA PLAN, TO INCORPORATE SECTION 11.8 WATER CONSERVATION PLAN INTO EACH OF THE SECTIONAL PLANNING AREA PLANS The developers of the three planning areas agreed to participate in a pilot program to study and evaluate water conservation measures in their projects, in order to meet the Sectional Planning Areas (SPA) content requirements. The City retained a consultant to analyze technical water saving devices, evaluate the three SPA projects, prepare a water- use efficiency report and develop standards. The purpose of the study was not only to develop the water conservation program for the three current SPA plans, but also to provide the basis to develop guidelines for the preparation of future water conservation plans. (Director of Planning and Building) Staff recommendation: Council conduct the public heating and adopt the following resolutions: A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE EASTLAKE III SECTIONAL PLANNING AREA (SPA) PLAN TO INCORPORATE SECTION 11.8 WATER CONSERVATION PLAN B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE OTAY RANCH VILLAGE ELEVEN SECTIONAL PLANNING AREA (SPA) PLAN TO INCORPORATE SECTION II.8 WATER CONSERVATION PLAN C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE OTAY RANCH VILLAGE SIX SECTIONAL PLANNING AREA (SPA) PLAN TO INCORPORATE SECTION 11.8 WATER CONSERVATION PLAN Page 6 - Council Agenda 05/28/02 13. CONSIDERATION OF A SERIES OF AMENDMENTS TO THE CITY OF CHULA VISTA HOUSING ELEMENT OF THE GENERAL PLAN FOR THE 1999-2004 PLANNING PERIOD The City adopted the Housing Element update of the General Plan for the 1999-2004 planning period in compliance with California Government Code Section 65585.1, self- certifying its compliance with State law on December 19, 2001. The City is now interested in submitting its Housing Element for review by State Department of Housing and Community Development and obtaining their certification of compliance with State law since certain State funding programs require State certification of the Element. Staff submitted the City's Element for review and in response to the comments received, staff is proposing amendments to the Element. (Director of Community Development) Staff recommendation: Council conduct the public heating and adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING AMENDMENTS TO THE CITY OF CHULA VISTA HOUSING ELEMENT OF THE GENERAL PLAN FOR THE 1999-2004 PLANNING PERIOD ACTION ITEMS The items listed in this section of the agenda are expected to elicit substantial discussion and deliberation by the Council, staff, or members of the public. The items will be considered individually by the Council, and staff recommendations may, in certain cases, be presented in the alternative. If you wish to speak on any item, please ~ll out a "Request to Speak" form (available in the lobby) and submit it to the City Clerkprior to the meeting. 14. CONSIDERATION OF ACCEPTANCE OF A REPORT ON THE STATUS OF EASTERN CHULA VISTA DEVELOPMENT AND TRAFFIC ISSUES This is a status report on the comprehensive traffic capacity enhancement package, which was outlined to the Council on May 31, 2001. The objective of the three-part program is to address ongoing transportation issues in the City of Chula Vista prior to the construction of State Route 125. The focus is to reduce traffic congestion and meet the City's traffic threshold standard, while accommodating needed economic growth and development. (Assistant City Manager Krempl, Director of Public Works, Director o£ Planning and Building) Staff recommendation: Council accept the report and direct staff to continue to analyze the high priority transportation improvements; complete the construction of the balance of Olympic Parkway; develop enhanced transit service; implement appropriate transportation demand management measures; and continue to monitor the traffic volumes and levels of service on the critical transportation segments. Page 7 - Council Agenda 05/28/02 IS. CONSIDERATION OF ADOPTION OF A RESOLUTION APPROVING A DECISION TO EXTEND UNTIL OCTOBER 31, 2002, THE AGREEMENT WITH ORGANIC RECYCLING WEST FOR COMPOSTING SERVICES, AND APPROVING A FRANCHISE IMPLEMENTATION AGREEMENT WITH PACIFIC WASTE SERVICES FOR THE USE OF GREEN WASTE AS ALTERNATIVE DAILY COVER COMMENCING NOVEMBER 1,2002 (CONTINUED FROM MAY 14,2002) In 1993, Pacific Waste Services began to collect green waste trom Chula Vista generators as part of the City's recycling program. At that time, Laidlaw contracted directly with Organic Recycling West (ORW) to process and market the material collected in Chula Vista. In May 1997, the City entered into a 60-month agreement with Organic Recycling West, with two optional extension terms of two years each. Pacific Waste has continued to deliver the City's green waste to Organic Recycling West since they acquired the City's solid waste and recycling tranchise agreement. On April 23, 2002, Council directed staff to work with Organic Recycling West and Pacific Waste Services to clarifY and address the issues regarding the City's diversion of green waste and return to Council. On May 14, 2002, Council directed staff to attempt to negotiate a six-month extension to the ORW agreement that allowed ORW a transition period, but that mitigated City liability. Staff met with both companies to identifY issues and develop alternatives that could potentially meet everyone's needs. (Special Operations Manager) Staff recommendation: Council adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A DECISION TO EXTEND UNTIL OCTOBER 31, 2002, THE AGREEMENT WITH ORGANIC RECYCLING WEST FOR COMPOSTING SERVICES, AND APPROVING A FRANCHISE IMPLEMENTATION AGREEMENT WITH PACIFIC WASTE SERVICES FOR THE USE OF GREEN WASTE AS ALTERNATIVE DAILY COVER COMMENCING NOVEMBER 1, 2002 ITEMS PULLED FROM THE CONSENT CALENDAR OTHER BUSINESS 16. CITY MANAGER'S REPORTS A. Scheduling of meetings. 17. MAYOR'S REPORTS 18. COUNCIL COMMENTS ADJOURNMENT to an Adjourned Regular Meeting on May 30, 2002 at 3:30 p.m. in the Council Conference Room, and thence to the Regular Meeting of June 4, 2002, at 4:00 p.m. in the Council Chambers. Page 8 - Council Agenda OS/28/02 K\O~ ~f)O'( ORDINANCE NO. 2002- ~f) ~\; ORDINANCE OF THE CITY OF CHUL~ ~A AMENDING SECTION 19.09.040 D OF THE C~\)VISTA MUNICIPAL CODE RELATING TO GROWTH ~GEMENT QUALITY OF LIFE THRESHOLD STANDARDS FOR LIBRARY THRESHOLD STANDARDS WHEREAS, at the initial request of the City of Chula Library Department, the city's Growth Management Oversight commission (GMOC) has evaluated the need for amendment of the respective Library Threshold Standards as part of its annual review process; and WHEREAS, the GMOC, with the concurrence of the Library Department, presented a revised Library Threshold Standard as part of its' 2000 Annual Report; and WHEREAS, at the May 31, 2001, joint workshop with the GMOC, the Planning commission and City Council unanimously accepted GMOC Annual Report and directed staff to prepare the proposed changes in Threshold Standards for formal adoption; and WHEREAS, on November 14, 2001, the Planning commission voted (5-0-1-1) to recommend that the city Council enact the amendment in accordance with its Resolution PCA-02-03A; and WHEREAS, the Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that there is no possibility that the activity may have a significant effect on the environment; therefore, pursuant to Section 15061 (b) (3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. NOW, THEREFORE, the city council of the City of Chula vista does hereby find, determine, and ordain as follows: SECTION I: That Section 19.09.040 D of the Chula Vista Municipal Code is amended to read: J -J D. Libraries Population ratio· see squar@ feet (gross) of adequately equipped ànd staffed Ulnary facility per 1,eee population. The City shall construct 60,000 gross square feet (GSF) of additional library space, over the June 30, 2000 GSF total, in the area east of Interstate 805 by buildout. The construction of said facilities shall be phased such that the City will not fall below the city-wide ratio of 500 GSF per 1,000 population. Library facilities are to be adequately equipped and staffed. SECTION II: This ordinance shall take effect and be in full force and effect on the thirtieth day from and after its second reading and adoption. Presented by Approved as to form by David Palmer Deputy city Manager and Library Director Robert A. Leiter Director of Planning and Building J:\Attorney\RESO\GMOC ord Library.a.doc {)-r;¡ K\O~ ORDINANCE NO. 2002 - ~O'( ~f) ORDINANCE OF THE CITY OF CHULA VI~~()~ENDING SECTION 19.09.040 A AND B OF TH~~W:1ì:ULA VISTA MUNICIPAL CODE RELATING TO ~TH MANAGEMENT QUALITY OF LIFE THRESHOLD ~l6ÀRDS FOR POLICE AND FIRE/EMS THRESHOLD STANDARDS WHEREAS, at the initial request of the City of Chula vista Police and Fire/Departments, the City's Growth Management Oversight Commission (GMOC) has evaluated the need for amendment of the respective Police and Fire/EMS Threshold Standards as part of its annual review process; and WHEREAS, the GMOC, with the concurrence of the Police and Fire Departments, presented a revised Police and Fire/EMS Threshold Standards as part of its' 2000 Annual Report; and WHEREAS, at the May 31, 2001, joint workshop with the GMOC, the Planning Commission and City Council unanimously accepted GMOC Annual Report and directed staff to prepare the proposed changes in Threshold Standards for formal adoption; and WHEREAS, on November 14, 2001 a public hearing was held by the Planning commission to consider approving a resolution in support of the proposed amendments, but no action was taken in regard to the Police and Fire/EMS Threshold Standards; and WHEREAS, on April 10, 2002 the Planning Commission held a duly noticed public hearing, and voted (4-1-1-1) to recommend that the City Council enact the amendment in accordance with its Resolution PCA 02-03; and WHEREAS, the Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that there is no possibility that the activity may have a significant effect on the environment; therefore, pursuant to Section 15061(b) (3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. NOW, THEREFORE, the City Council of the City of Chula Vista does hereby find, determine, and ordain as follows: SECTION I: That Section 19.09. 040A of the Chula Vista Municipal Code is amended to read: JJJj A. Police Emergency Response: Properly equipped and staffed police units shall respond to <i4 81 percent of "Priority One" emergency calls within seven (7) minutes and maintain an average response time to all "Priority One" emergency calls of ~ 5.5 minutes or less. 1. Respond to W 57 percent of "priority Two TTrg€Hlt" calls within seven (7) minutes and maintain an average response time to all "Priority Two" calls of +-,..J;¡. 7.5 minutes or less. SECTION II: That Section 19.09. 040B of the Chula vista Municipal Code is amended to read: B. Fire and Emergency Medical 1. Emergency response: Properly equipped and staffed fire and medical units shall respond to calls throughout the City within 7 minutes in .ß..S..%. 80% (current ¡;ervice to ];¡e verified) of the cases (measured annually) . SECTION III: This ordinance shall take effect and be in full force and effect on the thirtieth day from and after its second reading and adoption. Presented by Approved as to form by Richard P. Emerson Chief of Police ~ta~ Jo n M. Kahen City Attorney Doug Perry Fire Chief Robert A. Leiter Director, Planning and Building J:\Attorney\RESO\GMOC library.b.doc ;)-'/ COUNCIL AGENDA STATEMENT Item ~ Meeting Date 5/28/02 ITEM TITLE: Resolution Approving change orders requested by The Eastlake Company associated with Olympic Parkway between SR 125 and Hunte Parkway SUBMITTED BY: Director of Public Works ~ City Manageff-P~9[~ (4/5ths Vote: Yes No X ) REVIEWED BY: Eastlake is responsible for constructing Olympic Parkway from Hunte Parkway to SR-125. This is the last segment of Olympic Parkway to be constructed. The construction schedule is accelerated to open Olympic Parkway to traffic 3 months earlier. The accelerated schedule is for an October 30, 2002 opening. Additionally, the City will not have to obtain an encroachment permit from CalTrans for the Olympic Parkway crossing of SR-125 if Olympic Parkway is completed before right-of-way is transferred to CaltTrans. Tonight's action will approve change orders associated with the project for Transportation Development Impact Fee Credit. RECOMMENDATION: That the Council adopts the resolution approving change orders requested by The Eastlake Company associated with Olympic Parkway between SR 125 and Hunte Parkway BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The City's Transportation Development Impact Fee (TDIF) program (Chapter 3.54 of the Municipal Code) allows developers to construct needed transportation infrastructure in lieu of paying transportation fees. The Eastlake Company is currently constructing the last segment of Olympic Parkway and has accelerated the construction by using bid prices of their phase 1 contract to construct portions of phase two in addition to new work based on competitive bids. These change orders are in excess of City staff's limitations on TDIF eligible change orders. City staff recommends that any change order above $50,000 individually and cumulatively more than 5% of the contract total be authorized by council. There will be a final audit when the facility is complete to determine the actual TDIF credit amount. The Eastlake Company wants assurances (see attached letters in Exhibit 1) that these change orders will be allowed during the final audit as they exceed the limits stated above. City Staff has reviewed the request letters and determined that some portions of the change orders contain non-transportation components. Table I below is a list of those portions of the change orders which staff feels may be TD1F eligible during the final audit, if Council approves this item. Further analysis will be required during the final audit to ensure the developer only receives TDIF credit for eligible items. For example, portions of storm drain serve not only Olympic parkway but also the surrounding development and therefore are not entirely TIDF eligible. Page 2, Item __ Meeting Date 5/28/02 TABLE 1 Proposed TDIF Change Orders Contractor DESCRIPTION AMOUNT Perry & Shaw Ehanges in dirt quantities and haul routes/location $ 154,824.04 Perry & Shaw Yie-in Grading ~ utility easement & encasement 4,084.56 Vadnais Pipeline encasement extension 23,195.30 Hanson SJH 1,300 LF Olympic Pkwy ~ SR-125 (full improvements) 1,386,099.94 ttanson SYH 3,100 LF Olympic Pkwy, SR-125 to SDG&E esmt. (S/L) 51,413.00 Perry & Shaw ~torm Drainage & box culvert ~ SR-125 & other drainage changes 262,280.00 Perry & Shaw ~qtorm Drainage & box culvert overtime 69,200.00 Sign & Pennick Additional topsoil removal and stability fill 68,839.70 FDIF Pro-rata portion of overtime 18,928.00 TOTAL $2,038,864.5L All change orders proposed herein are estimates, actual quantities will be determined with the TD1F final audit. Environmental The Enviromnental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the proposed activities were adequately covered in a number of previously adopted environmental documents prepared pursuant to CEQA. The proposed activities would occur within areas anticipated to be disturbed and/or developed in these previously adopted environmental documents. Thus, no further environmental review or documentation is necessary. FISCAL 1MPACT: None to the City. The credit or reimbursement will be determined by the Director of Public Works and will be based on actual final costs. There is no impact to the City's General Fund. Attachments: Exhibit 1: Letters from Eastlake J:\Engineer\LANDDEVXCFD\CFD06IXCAS change orders3.doc EXHIBIT 1 LETTERS FROM EASTLAKE 3anuary 9, 2002 CON.ANY, LLC ]V'm Luis ?elayo City of Chuls Vista E~e~g D~a~t 276 Fo~ Avenue Ch~a Vist~ CA 91910 ~: ~D~ ~ge Order ~1 R~u~t W~t Ol~pic Par~ay Gra~g- SDG~ E~em~t to H~te P~ay Gra~g Con~acf ~o. 5716 - Si~ & ~nic~ ~C- A~ch~d is a :opy of Ch~g~ ~ Raqu~ ~1 for ~e above ~fa~na~d proj~t. Ch~ge bond, ad~o~ ~u~ ~d ~psofl ~ ~d s~ ~. A copy ofSi~n & convince. ~you haw ~y or me ~ soon ~ pos~ble. Best Bob Moors ~'~ GENERAL ENGINEERING CONTRACTORS SIGNS & PINNICI{, INC. CONTACT CHANGE ORDER TO: ~e ~tl~e Comply, LLC Dat~: December 3 I, 2001 900 L~e Avenue. S~te 100 Con~t Nmber: Ch~a V~t~ CA 91~14 Ch~ge O~ Numh~ 01 ~. Peffom~ze and pa~ent bond ~-- 2. Item ~12 Alluvium & topsoil remov~13569 cy ~ gl .30 4,639.70 3_ Stability fill 4" subdmin ~d ¢mel drains 64,200.00 C~ANGE ORDER ~01 TOTAL INCREASE. ~7~ CONr~&CT O~G~ CO~CT AMO~W $238,802.00 CHANGE ORDER ~0I g 72,278.711 REVIS£D CONTRACT AMOUNT 531 c... ' ' ':- .... DATE t ........ ~. '..',~, .... -~ . I.[.C ~ ~ ,-~: 'C ... / .~ 13.~,.1-E . . ._ . . ...:. Lr~5 EAST~ COMPANY. LUC ,_, ,- ~--.~ ~2-~m DATE srGNs & 2INNlClC iNC. .. P.O. SOX 945 EL CAJON, CA 92022 12:47 FAX 6194211830 EASTLAKE COMPANY ~oo6/oo7 Mm:ch 7, 2002 Ivlr. Alex Al-Agha City of Chula Vista 276 Fourth Avenue ChulaVista, CA 91910 RE: West Olympic Parkway C~radirtg - Change Order Request "~ ] cOMI,~?r, LLC Dear Alex: Enclosed you will find a change order request in the amount of $154,824.04. This is for a diff~ent hattl mute th~m originally matieipatefl, from our see~on of West Olympic Parkway (I-125 to SDG&I5 easement) t~ the R-2 fill site on Otay Ranch's prOl~m-ty. Due to our anticipated stm-t date of October 2001 being moved until February 2002 we encountered a conflict in our haul route across Mc Millan's property to the R-2 site. They have started grading their project, which has re~lted in the conflict with the original proposed haul. They have subsequently given us permission to cross in a different location of a longer distance. ,~ex we have been given sixty days or less to accomplish the above-mentioned haul. We anticipate this work to t~ke between forty-five to rift:y-five day~ so to accomplish this haul we need to facilitate this change as soon as we possibly can, so we would appreciate mayth/ng you could do to help move this along. We have scheduled sixteen scrapers to be mobihzed to rtart this work on March 11 th, if we call this offwe lose at least one week in mobilization time. As you can see we really don't have a week to lose. Please feel free to call me at (619) 421-0127 if you would like to talk about this. Sincerely, Bob Moors Project Manager cc: Lombardo Detrinidad 04/03,'~00~ 12:4t rAX 6194211830 EASTLiKE CO~P.~NY ~ oo7/oo7 Perry & Shaw, Inc. Genera! Engineertng Construction 1 lg3~ Highway 67 Mamh 6, 2002 Li~ns~ The East~e Company 900 Lane Avenue, Sui~ 100 Chuia V~s~, CA 91a14 A~n: Bob Moors FAX 421-1830 R~: WEST OL~PIC PAR~AY GRADING - CHANGE ORDER R~QUEST D~ar Sir, 2~o4 / COR2204-A This cha~ge order request i~ to reflect the changes Jn quenti[tas and haul routes / location to which mateMal Is t~ be expo~ed from the site. I. CHANGE ORDER ITEM 3 - MASS EXCAVATION TO WL~GE 6: As direoted and agreed upon With the Otay Ranch G~mpany, the quantity ~f mass excavation from Olympic Parkway has been Inc~e~sed from the origina~ contra~t quanti~ o~ 350,000 CY to 420,000 CY. ~is is an additional c~st at estabJish~ unit price. iTE~ 4 - MASS EXCAVATION TO R-2 ~lYE: The quanti~ of ezpo~ materi~l required to be hauled to the R-2 site has been decreased as a result of ~he corresponding increase of mat~ria~ to b~ hauled te Otsy Ranch Village 6, This is a credit at established unit price. ITEM ~ - MASS EX ADDER FOR R-2 HAUL: As ~iscussed and agreed upon, this is the adder ~r the revised haul route an additiona] cost. IL CHANGE ORDER COSTS: ITEr~I DESCRIPTION CONTRACT REVISED CHANGE UNIT OUAN, QUAN IN QUAN, PRICE TOTAL 3 Mass Excavation to 350,000 420,000 70,000 $ 1,00 $ 70,000,00 · Village 6 4 Ma.ss Excavation 1o 558,428 498,428 (70,000) $ 1,85 $(129,500.O0) R-2 Site 4(a) Mass Ex AUflarfor R- 498,428, 495,428 $ 0.43 $ 214,324.04 2 Haul TOTAL CHANGE ORDER REOUI~ST; $154,824,04 04. 03,.00~ 45 FAX 619421183O EASTLAKE COMPANY [~002/007 WEST OLYMPIc PARKWAY GRADING & STORM DRAIN - SR-125 TO SDG&E EASEMENT (HUNSAKER PORTION) CONTRACT NO, 5720 - PERRY & SHAW, INC. ITEM DATE DESCRIPTION AMOUNT Contract (original) 1/18/02 Original Scope of Grading & Storm Drain $ 2,906,769.04 Change Order ~:1 3/7/02 Cha.ges in dirt quantities and haul routes/location $ 154,824.04 Change Order #2 4/1/02 qqe-in Grading @ utility easement & encasement $ 4.084,56 TOTAL -- ~ $ 3,065,677.64 12:46 }A~ 6194211830 EASTL{I~ COMPANy' ~003/007 April 3, 2002 E STL KE 3,ir. Luis Pclayo COMPANY, LLC City of Chula Vista Engineer/ns Depa~hucnt 276 Fourth Awnue Chula Vis~ CA 91910 C~ Ch~ge O~er g~qu~t W~t Ol~pic Par~ay (SR-125 ~ SDG&E Easemen0 Grading & Storm D~ Contract wi~ Per~ & Shaw, lac. D~ L~s: A~hed is a eopy of ~gc Order Rcqu~ gl fo~ thc above con~or, P~ & Shaw, Inc., h.~g ~q~sted $4,084,56 for ~e 6e-~ ~g m ~ ~t ~d of Ol~pic P~ay ~ ~ ~ of~e ufi~W c~ent ~om ~pmx~ely S~ 4~00 to ~+00 ~d is ~ c~pl~c ~e ~ ~g follows ~e comple~on con.et= :nc~m of~ SDCWA pip~_ De~la of~ sc~e offs rcqu~t a-~h~ to ~ 1~. .~o ~closcd ~ a copy of~c ~a~sh~c~ coves ~e ch~gc ord~ r~ucst~d ~ yo~ ~I to m~ on M~ch 2g, 2002. Plc~= pm~da yo~ ~ ~mv~ of ~is c~ order ~uest convince. ~you have ~y ques6o~ reg~g t~s ~qu~ or ~ ~ SO0~ ~ possi~]~. Best Bob Moors Proj e=t M~ager Perry & Shaw, Inc. Germral E~gineerlng C~nstruction 11935 H~ghV~y a7 April 1,2092 Th= Ea~L=Ke Company 900 Lane Avenue, Sul~ ~ D0 Chula ~, ~A 9191~ A~: Bob Moo~ F~ 421.1830 Re: WEST QL~PIC P~AY G~ING - ~ST END G~ING PROPOSAL De~r Sir, 22~4 / CO~0~B This proposal is ~r the tie-in ~mding at ~e e~t end of O~[c pa~y In ~s general a~a of ~e utlll~ eassment f~ approximate S~. 40+00 to ~+DD and is b compl~ ~e fie-In grading following ~e :omp[e~on of the concrete en~asemen~ of ~e aqueduct under aepamta con~, L PROPOS~ CONTACT UNIT I~M DESCRIPTION QUAN~Y PRICE 4 Mass ~ ~ R-2 (17,251) CY 4 ~ Haulto R-2~der (Pending {17,251) CY $ 0.43 S (7,417,93) Change O~ar) ' 8 Fill 17,251 CY $ 0.84 $ 14,490.~4 9 ~Juvlum & Topsoil 12,400 Cy S 0.~ $ 10.~16,00 NEW ITEMS OF WORK_, ,~:Jd item Fii[fTom East ~,000 CY $ '~.12 $ 8,960.00 Add Item Removals Between Utilities T&M $ 0,00 Add Item Additional Site Finish 1 . LS $9,550,00 $ 9,550.00 ~ S O.OO S4,0~4.5; SCOP; OF WORK: The follow;rig d~=dpflons ~m the scope of work for ~ i~ems included as of the p~posaJ: The EastLake Co. WEST OLYMPIC PARKWAY GRADING. PROPO.~kL FOR EAST END GRADING Mr, Bob Moore April '~, 2002 Pal3e 2 iTEM 4 - MASS EX TO R-~: This export it~ro of Work will be reduced by 25,251 CY, the quantity mduired to cens~uct the added fill at the east end of the project from Sta. 40+0D to 4~+2D. The established contract unit price shall apply for this credit. ?EM 4 a - HAUL TQ R-2 A, pDER' This Is a credit for the adder for all dirt to be hauled to previously negotiated as a change order, 17,251 CY of haul t~ R-2 will be ellrolna~d ~ allow construction ~ ~he referenced fill. ,ITEM 6 - FILL'. This itsro Increased for addl§onal 'cnsita fill" t~ complete the fill froro appra,~. Sra. 40+00 to appm~ sra. 42+20. It is anticipated that an additional 25.2Sl CY' of fill will be required to compIMe the work of which 8,000 CY is anticipated t~ ~.'oroe from the stockpile east of the utility easement (east of St.a, 42+20) and ~e mroaining 17.251 CY to come from the roadway cut fo~' Olympic Parkway. The established con~'a~ urlit price to app,', LT~M 8 ' ALLUVIUM & TOPSOIL; This is additJanal pay qua~tFty for removals beneath added ~[L The ~stabiishad ~'~n~ract unE pri,~e to apply. This itsro to be §eld reassured for pay. ADDITIONAL ITEMS OF WORK; · FILL FROM EAST: This item ~s to account for the excavation and placement of 8,000 CY of ma~r~l fmro east of the utility ROW, This pricing ls baaed on the ebili~t~ excavate using CAT 657 s=t'apars, · REMOVALS I~ETWEEN UTILITIES; This itero covers the removals adjacent to and between the underground ut~ities currently in pla~e, This work is bid T&M besause them are currently no specificafim3s covedng fi'lis work. · A. DDITIONAL SITE FINISH: This Itero covers the additional roadWay / slope finish for the added area, lie CONDITIONS OF PROPOSAL: 1. CROSSING UTILITIES'. a. This pddng Is based on the abi[i[y for unresb'icted crossing of the sr. iating utilities (aqueducts, water and gas lines) using fully loaded CAT S57 scrapers. b. No allowance for any ci'~sstr~g costs have been. 2. REMOVE AND RECOMPACT: This itero to be t~eld roeasured for pay. Reroovals edJacan: and bet'.yeah these utilities, if required, shall be on a T&M basis. 3. POTHOLING: Any potholing, if required, atT&M basis 4. COMPACTION: Ne special compaction or coropa~ion mchnique antir-ipa[.d as a part of this proposal. 5, STORM DP, gIN PIPE PAD: The staging of a pipe pad to fscllltat~ the inst~ltation of the storm drainage system ~rossing at appro~.imate Sta 40+D0. Please c~ntact roe st (S19) 390-6S00 If there are any other questions regarding this request. Si aly April 3, 2002 E ISTL KE COMPANY, LLC Mr. Luis Pelayo City of Chula Vista Engineering Department 276 Fourth Avenue Chula Vista, CA 91910 RE: CFD/TDIF Change Order #3 Request West~Olympic Parkway (SR-125 to SDG&E Easement) Grading & Storm Drain Contract with Perry 8, Shaw, Inc. Dear Luis: Attached is a copy of Change Order Request #3 for the above referenced project. The contractor, Perry & Shaw, Inc., has requested 5262,280.00 to address the changes to the storm drainage plans and box culvert per the clouded plans received by them on April 3, 2002. Details of the scope of this ~equest are attached to this letter. Also enclosed is a copy of the spreadsheet covering the change orders on this contract. Plea_se provide your written approval of this change order request at your earliest convenience. If you have any questions regarding this request, please contact Jill Smith or me as soon as possible. Best Regards, Bob Moors Project Manager BM:jss 900 Lane Avenue Suite 'F~,,3 Chulo ',/isf~ California 9191~ Telephone ( 9) 421-0127 FOgs miJe (619) 421-1833 Perry & Shaw, Inc. General Engineering Construction 11935 Highway b~ P.O. Box 334 Lakeside, CA 92040 (619) 390-6500 Fax: (619) 390-8831 License No. A 719408 April 10, 2002 The EastLake Company 900 Lane Avenue, Suite 100 Chula Vista, CA 91914 Attn: Bob Moors FAX 421-1830 Re: OLYMPIC PARKVVAY GRADING -CHANGE ORDER REQUEST / STORM DRAINAGE CHANGES Dear Sir, 2204 / COR The purpose of this change order request is to address the changes to the storm drainage plans per the clouded plans received April 3, 2002. A spread sheet outlining all of the changes is attached for review. STORM DRAIN CHANGE ORDER REQUEST $262,280. Please contact me at (619) 390-6500 if there are any other questions. Sincerely,/") Perr~ &,~J~a~, Inc. Perry & Shaw, Inc WEST OLYMPIC PARKWAY April 10, 2002 STORM DRAIN CHANGES Contract QUAN Adjusted DELTA PRICE DESCRIPTION CONTRACT UNIT PRICE DELTA Contract Unit tem QUAN , PRICE Price 1 Canyon Subdrain (Olympic) 350 LF I 15.00 5,250.00 15.00 2 18 RCP 1,878 LF I 47.00 88,266.00 47.00 3 118" RCP WTJ 642 LF [ 67.00 43,014.0C (67 67.00 (4,489.00 4 i24" RCP 516 LF I 58.00 29,928.00 (470 58.00 (27,260.00 5 30" RCP 83 LF 98.00 7,470.00 772 90.00 69,480.0(3 6 30" RCP WTJ 1,74406 LF 116.00 5,104.00 116.00 7 30" RCP WTJ LF 106.00 180,836.00 106.00 136" RcP ! 171 . .00 19,665.00 8 36" RCP WTJ 450 LF I 130.00 58,500.00 (44 130.001 (5,720.0(3 42" RCP WTJ , I I 42! 'i60.00 6,720.00 10 2171 LF 148.00 32,116.00 (217 148.00 (32,116.00 11 !CLEANOUT TYPE A-4 i 17 EA ! 3,600.00 61,200.00 1 3,600.00 3,600.00 12 CLEANOUT TYPE A-5 __2 EA i 4,100.00 8,200.00 4,100.00 13 CLEANOUTTYPEI-6 1 EA I 4,600.00 4,690.00 (1t 4,600.00 (4,600.0(3 I CLEANOUT TYPE A-8 1 ~ 6,'100.00 6,100.00 14 ITYPE J INLET L=5' 8 EA 3,300.00 26,400.00 3,300.00 15 TYPE B-1 INLET L= 6' 1 EA 3,400.00 3,400.00 3,400,00 16 IiTYPE B-1 INLET L= 8' 1 , EA 3,800.00 , 3,800.00 3,800.00 17 i TYPE B~I INLET L= 9' [ 2 EA 4,100.00 I 8,200.00 4,100.00~ 4,500.00 [ 13,500.00 4,500.00 18 !TYPEB-1 INLETL= 10' 3 EA 19 iTYPE B-1 INLET L= 12' , 2 EA i 5,100.001 10,200.00 5,100.00 20 ITYPEB-11NLETL=13' [ 4 EA I 5,400.00! 21,600.00 5,400,00 21 !TYPE B-1 INLET L= 14' I 1 EA 5,700.00 i 5,700.00 5,700.00 22 I TYPE B-1 INLET L= 15' [ I EA 6,000.00 I 6,000.00 6,000.00 23 ITYPE B-2 INLET L = 6' i 2 EA i 3,500.001 7,000,00 3,500.00 24 ITYPE B INLET L = 5' I 1 EA 3,200.00 3,200.00 3,200.00 ~ 9 EA 2,900.00 26,100.00 2,900.00 26 I Concree Lug Joint I 4 i EA i ' 400.00 I 1,600.00 400.00 27 i End Cap & Mortar Plug I 5 EA I 500.00 2,500.00 500.00 28 I Wingwall D-34 I3 EA ! 2,900.00 8,700.00 (11 2,900.00 (2,900.00 29 IWingwalID-35 i 1 EAi 5,600.001 5,600.00~ 5,600.00 30 IType B"BrowDtchW=2' I 11,178 LF 10.00l 111,780,00 10.00 31 Type B Brow Ditch W=2.5' i 1,258, LF 11.001 13,838.00 11.00 32 RipRap2Ton I 111.2i CY 100.00 11,120.00 i 100.00 33 Rip Rap 1/2 Ton i 7.61 CYi 110.00 , 836.00 I 110.00 34 I Rip Rap 1/4 Ton 63 CY I 95.00 5,985.00 ~ 95.00 35 ~ip Rap #2 Backing 4' CY I 210.00 840.00 (4t 210.00 (840.00 !6 X 4' Box Culvert Type A ] i I 497 I 420.00i 208,740.00 $866,438.00 $262,280.00 April 24, 2002 Mr. Alex A1-Agha Tm F_.Affil. AKE City of Chula Vista COMPANY, EEC Engineering Department 276 Fourth Avenue Chula Vista, CA 91910 RE: CFD/TDIF Change Order #1 and #2 Request West Olympic Parkway (SR-125 to SDG&E Easement) Improvements Contract No. 5724 - Hanson SJH Construction Dear Alex: Attached is a copy of Change Order Requests #1 and #2 for the above referenced project. Change Order No. 1 in the mount of $1,988,342.45, includes all improvements from SR- 125 to Station 256+65.62 (1,330' lf), and will complete that section of roadway by August 31, 2002. Change Order No. 2, in the amount of $t,345,193.66, will include wet and dry utilities from Station 256.65.62 to the SDG&E Easement (3,186' If), which will complete the dry utilities by July 12, 2002 and the wet utilities by July 26, 2002. Hanson Constmction's detailed change orders, and their proposed construction schedules are attached to this letter. Also enclosed is a copy of the spreadsheet covering all the change orders on this project. Please provide your written approval ofth/s change order request at your earliest convenience. If you have any questions regarding this request, please contact Jill Smith or me as soon as possible. Best Regards, Bob Moors Project Manager BM:jss ~ Cc: Tom Adler, City of Chula Vista, Engineering Department Luis Pelayo, City of Chula Vista, EngSneering Department 900 Lane ,~venue, Suite ]00 Chula Visla. California 9E9]~ ~phone~!9) 421-0127 Facsimile (619) 421-1830 .04/.22/200_ 15:48 FA~ 18582685126 HANSON SJE ~002 CHANGrF. oRDER PROPOSAL CONSTRUCTION CHANGE ORDER PROPOSAL WEST OLYMPIC PARKWAY IMPROVEMENTS (from $R125 to Station 256+65. 62 [1,330 7) (Hunsaker & Associates Portion) Proposal Submkted by: Hanson SJ-I-I Construction Construction Change Order to EastLakc Contract #5724 · 94/54,?2002 08:37 FAX 18582685126 HANSON SJH ~003 CHA~G~ ORO~. PROPOSAL CONSTRUCTION CKANGE ORDY_.~ PROPOSAL TO CONTRACT NO. 5724 WEST OL~IC P~AY ~RO~S ~m ~2~ to Smsa 2~6~5,62 [1~30']) PRO. CT: Title: ~ST OL~IC P~AY-~RO~s (I~ov~ i~l.~' S~, ~ Rec~ ~a~, D~ U~'li~, Fine G~g, C~b, ~er & S~ ~p~lt P~n~ Si~ a~ S~ping, and ~fion: W~ Oldie p~y, ~ 8~25 ~ S~ 256~5.~ (1,330'), ~ ~e City of ~ Vi~ Co~ of S~ Di~go, C~a ~ E~ C~y 900 ~e Av~a~, S~ 100 ~Vh~ CA 91914 A~on: Bob Mo~, Thc ~ de~ to s~t a c~ eh,nge o~ for ~c ~ovo~bedpwj~% does h~eby ~s~nt ~d w~ i. Con~c~Ch~ ~d~ Time ~ a~ed ~e ~t co~on ch~e o~, ~ ~de~i~ h~eby a~es to compete the no h~ ~an Aunt 31 200~ at which ~e pav~ road sh~ be open to pub~e ~; ~e ~ed a~s ~t he h~ ~pect~ ~ si~ ~d is pr~d to ~co w~k ~ fi~ 2. ~ OE~ ~ ~ces EcJ~ded ~ ~e ~pos~ to be good for a t~ o~e~ (90) ~. U~n aw~ of Ch~g~ ord,, ck~ge ord~ ~c~ to be good for ~ d~on of ~e contr. 3. ~on of~ O~ r~e~s ~e fi~t lo Et~ ~e ~ of work ~u ~ Ch~ ~, shoed ~e nec~i~ ~ ~er ~l ~ces s~ be ~ed for ~fio~ ~ deleffo~ ~ ~ ~ ~ Chile Order Sub~d by: Accep~d ~n ~ C~c~on T~e E~ Co~y, ~C P.O, BOX 6~069 900 L~ne Avenue, S~e 100 S~ Dido, CA 9~163-9069 Chu~a~ ~ 91914 Phone: (8~) 71~5628 Phone: (619) 421~127 P~ o~ T~e N~ ~t or T~e N~ Praj~ Title Title Da~: 4/23/02 DaSd: w. o~ , . g4/~[72002 [5:49 F,~ [8582685126 H,~TSON SJH ~004 , .04fZ2/2002 15:49 F.~.X 18582685126 ~ANSON SJE ~005 O4/Z272002. 18:49 FA~ 18582685~26 HANSON SOH ~006 ,~ 04!22/2002 15:49 FAX 18582685126__ BA.~SON SJH ~007 04/22~2062 15:49 FA~ 18582685126 ~NS0N SJ~ ~008 Q4/~172002 08:37 FAX 18882685126 ]L~NSON SJE [~002 · - 04/~2/2002 15:50 FA~ 18582685126 t~LNSON SJH ~010 CHANGE ORDER. pROPOSAL The bidder ~ list the nm'ne and address of eaoh subcontractor, required to be listed by the provisions in Section, 'Subeontrac~' of the special provisions, to whom the Bi&ler propases to subcontract portions of the work pl~asc note fi:at 50% of thc work must bc performed by thc coniraotor, per Cr~m Book specifications, LIST OF SUBCONTRACTORS Page 1 of 1 DESCRIPTION OR PORTION NA1VIE, ADDRESS & PHONE* OF WORK SUBCONTRACTED Sch~lli~g Corporation, 697 GrcanficldDrive Dp/Utilities 151 Cajon, CA. 92021-2983 619-579-6500 Lekos Electric, 1370 Pioneer Way Traffic Signals E1 Cajon, CA 92020 619-447-7661 Civil Constructors Corp,, 15315 Old Hw'y 80 Wet Utilities E1Cajon, CA 92021 619-443-7550 H & D Construction, P.O. Box 12859 Concrete E1Cajon, CA 92022 619 a. 44-6118 Luzaich Striping, P.O. Box 2426 Striping, Signs El Cajov~ CA 92021 619-443-7755 * CONTRACTOR TO PROVIDE COMPLETE ADDlllgSS AND PHONE NU1VIBER OF ALL SUBCONTRACTORS PRIOR TO AWARD OF CHANGE ORDER. 04/22,~200Z' 15:50 FAX 18582685126 E.~ISON SJE ~]011 CHAN GE ORDER. PROPOSAL CONSTRUCTION CHANGE ORDER PROPOSAL WEST OLYMPIC PARKWAY 12VIPROVEMENTS (from Station 256+65.62 TO SDGE EASEMENT (Hu~tsaker & Associates Portion) Proposal Submitted by: Hanson SJH Construction Construction Change Order to EastLake Contract #5724 04/24/2002 11:04 FAX 18582885128 HANSON SJH ~002 CHANGE ORDER PROPO~A,L CONSTRUCTION CHANGE ORDER PROPOSAL TO CONTRACT NO. 5724 WEST OLYiV~IC PARKWAY IMPROVElVIENTS (From Station 256+65.62 To SDGE Easement PROJECT: Title: WEST OLYMPIC PARKWAY- IMPROVEMENTS (Ir~rove~nents include: Se~er, Water. P~clairne. d Water. Dry U~ilifie~ Location: West Olympic Parkv~y, ~m StaUon 256+65.62 To SDGE Easemmt w/thin thc City of Chub Vist~ County of S~t Diego, California TO: The Ea~Lake Company 900 Lane Avanue, Suite 100 ChulaVisUb CA 91914 At~ntiun: Bob Moors, Project Mauager The undersigned, dashing to submlt a construct/on change order for the above-descn'bed projec~ docs h~reby represent and wan'a~: 1. Conh'aot/Chanac Order Time If awarded th~ contract construct/on change order, the undersign~l hereby agrees to complete the wet & . dry uffiifies ~o later th~n July 26, 2002, and complete the streetllghts by September 13, 2002 The undersigned agrees that he has/nspected the site and is ptepaxed to cr.~s~ence work w/th~ five (5) work/rig days after receipt of the executed change order from Owner aud will diligently pursue thc work to i~ completion. 2. ContracYChar~e Ord~ Price Prices inclndad in the proposal to be good for a term of n/nety (90) days. Upon award of change order, ch,rage order prices to be good for the dumtiun of the contract. 5- Al~'ation of Lira/ts Owner res~-wz the right to alter the limits of work wifi~, this Ch~,~ Onier. should the ~/t)' arise. Change Order unit prlces shall be used for add/t/ohs or deletions to the ori~-,! contract amount Chenge Order Submitted by: Accepted by: Hanson SJH Construction The E~tLske Company. LLC P.O. Box 659069 900 Laue Avenue, Suite 100 San Diego, CA 92163-9069 Chub Vist% CA 9][914 Phone: (858) ?I~-$628 Phone: (619) 421-0127 F:~_ (8~ Fax: (619) 421-1~30 Si~ [/'"~"~ Signature Jarae, J. Print or Type Nme PrbX c~ Type Name Project Manager 'rifle Tire Dated: 4/23/02 Dated: .04/~,/2002 1~:$0 FAX 15~8268~1~6 ]~NSON SJE ~013 ..04/2%~2002 1S:$0 FA,l[ 1858268~126 HANSON SJH ~014 04/24/2002 11:04 FAX 18582885126 tLtNSON SJH {~004 , &~, ,c, , , I ~ - ~ - ~,~ .0~/22/~002 15:50 FAX 18582685126 HANS0~ SJH ~016 04/24Z~002 11:04 FAI 18582685126 ~{ANSON SJH ~003 I April 24, 2002 .Mr. Alex A1-Agha EAb-rLAKE City of Chula Vista COMPANY, L~.C En~qneering Depathnent 276 Fourth Avenue ChulaVista, CA 91910 RE: CFD/TDIF Change Order #1 and #2 Request West Olympic Parkway (SR-125 to SDG&E Easement) Improvements Contract No. 5724 - Hanson SJIt Construction Dear Alex: Attached is a copy of Change Order Requests #1 and #2 for the above referenced project. Change Order No. 1 in the mount of $1,988,342.45, includes all improvements from SR- 125 to Station 256+65.62 (1,330' lf), and will complete that section of roadway by August 31, 2002. Change Order No. 2, in the mount of $1,345,193.66, will include wet and dry utilities from Station 256.65.62 to the SDG&E Easement (3,186' If), which will complete the dry utilities by July 12, 2002 and the wet utilities by July 26, 2002. Hanson Constmcfion's detailed change orders, and theh' proposed conslruction schedules are attached to th/s letter. Also enclosed is a copy of the spreadsheet covering all the change orders on this project. Please prey/de your written approval of this change order request at your earliest convenience. If you have any questions regarding this request, please contact Jill Smith or me as soon as possible. Best Regards, Bob Moors Proj eot Manager /M:j s " Cc: Tom Adler, City of Chula Vista, Eng/neering Department Luis Pelayo, City of Chula Vista, EngSneering Department 902 Lane Avenue, Sure il30 Chula Vis, a, Cali~orr~ia 91914 Telephone (6!9) 421-0127 Facsimile [619) 421-1830 ,' ,04/~2/200~ 15:48 FAX 18582685126 ltANSON SJ5 ~002 CF~NGE oRDER PROPOSAL CONSTRUCTION CIIAIqGE ORDER PROPOSAL WEST OLYMPIC PARKWAY IMPROVEMF, NTS (from $R125 to Station 2S6+65. 62 [I,330']) (Hunsaker & Associates Portion) Proposal Submitted by: Hanson SJI-I Construction Construction Change Order to EastLake Contract #5724 ,, $4/~4~200Z 08:37 FAX 185S2685126 E~N$ON SJH ~003 CHANGE ORDER PROPOSAL CONSTRUCTION CHANGE ORDERPROPOSAL TO COiN~ii,.ACT NO. 5724 WEST OLYlVlPIC PARKWAY IM~ROVElVlENTS (From SR125 to Station 256+65,62 [lr330']) PRO3]gCT: Title: WEST OLYMPIC PAR.KWA¥-IlVlPRO~s (Improvements inal.~t.. S~wer, Wat. t~, R~la~ned Wat~r, Dry UMliti~s, Fine Grading, Ocrb. G-utter & Sidewalk. ~tsphalt Paving, Signage and Striping, and I.~eation: West 01~apie 7Park-way, fxom SPd25 to St~ion 2564-65.62 (1,3309, with~ the City of Clmla Vism, C ou~'y of Sa~ Diego, Callfom~a _T.O: TI~ Emtlak~ Company 900 lgne Avenue, Suite 100 CtmlaVi~te, CA 91914 A -tm_ri:flora Bob Moerg Project Mana,~r Thc ander~?~i, ~%4iug to submit a consmmtion ehu~ge order for the above-described project, does hereby .re~'=. ~sent and 1. .Coakuct/Chan~ Order Time If awarded the contract construction change order, the undersigned hereby agrees to complete the work no later than Aummt 31 2002 at whlch time paved road shall be open to pnbllc traffic. The undersigned agrees that he h~s inspectuq ~ae site md is prepared to commcnc~ work mth~-~ five (5) work-{~g c~ al~ receipt of tlc exeCUted chan~c order ~ Owner ~ ~,~ d~Ligeutty pursue the work to its completiom 2. Contra~t/Ch~ e Ord~ Prices inel,~-d in the proposal m be good for a ~a~n~ o£ninety (90) alsys. Upon award of e'naug¢ order, change order prices to be good for the durxtioa of th~ contract. Owner res~.~ves the right to alter the limlt~ of work within tkis Oh~oc Ol'd~, shonld thc ncocsslty arise. C'h~mge Ord~ unit p'Hces shall be used for additions or dele~ons to the ofi~:ml contract ~rnolmt Cham.oe Order Sub,,,lu~ by: Accepted by: ~-~un SJ'H Con~Waction The EastLake Company, LLC 7P.O, Bex 6.39069 900 Lane Avenue, Suite 100 Sam Diego, CA 921/3-9069 ChulaVh-ta, CA 91914 Phone; (858) 715-5628 Phone: (619) 421-0127  Fax: (619) 421-1830 Jam= I B~rnz Pzim ar Type Pmjec~ Mm~m~pr Print or Type Name Title Title Datech 4/23/02 Dated: 15:49 FAX 15582685126 HANSON SJH ~004 ,04g2.~/2002 15:49 F~ 18582685126 __ ]{A.NSON SJ~ ~005 ~4~272002. 15:49 FAX 1S552685126 t~NSON SJ~ ~006 ,- ,04./22/2002 i5:49 F.(X ~$582685126 I:L~'NSO.~ SJH [~007 04/227'2002. 15:49 FiX 15552685126 HANSON SJ~ ~005 - - 04/~2~,200Z 15:50 FAX 18582686126 ~&NSON SJH ~010 C~4.N GE ORDF~ pROPOSAL Thc bidd~ shsll lib the name and sddrcss of ~ch subconn~ctor, requital ~ ~ ~d by ~e pro~Sio~ ~ S~o~ 'S~c~sc~. of~e ~sl ~io~, to ~om~ Bid~ ~mcs ~ ~0onkuct po~ of ~e wor~ pl~sc ~ ~t 50% of ~ work m~ bc p~ed by ~¢ c~ct~, p~ ~ Book ~c~c~o~, LIST OF SUBCONTRACTORS Page 1 of 1 DF, SCRIPTION O]R PORTION NAME, ADDRESS & PI:lONE* OF WORK SUBCOi~ACTED :::::::::::::::::::::::::::::::::::::::::::::::::::::~:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::`.:::::::::::: Schilling Corporation, 697 Greau~ eld Drive D~y Utilities 151 C. aion, CA. 92021-2983 619-579-6500 I.ekos Electric, 1370 Pioneer Way Traffic Si_~nals El Cm.'on, CA 92020 619447-7661 Civil ConstmcWrS Corp., 15315 Old Hwy 80 Wet Utilities E1Cajon, CA. 92021 619 443-7550 H & D Conslraction, P.O. Box 12859 Concrete i E1Cajon' CA 92022 619-444-6118 Luzaich SffipJ.u~ P.O. Box 2426 Striping, Siflns E1 Cajom CA 92021 619-44.~3'7755 * CONTi~.CTOR TO pROVIDE COMPLETE A.DDltESS A.ND PHONE NU1VI:BER OF ALL SUBCONTRACTOI:t-S PRIOR. TO AWARD OF CltANGE ORDEI:L 04/22/;2002~5:$0 FA_~ 18582685126 ~3.NSON SJH ~011 CI~AN GE 01~DER I~,oPOSAL CONSTRUCTION CHANGE ORDER PROPOSAL WEST OLYMPIC PARKWAY IMPRO~~NTS (from Station 256+65.62 TO SDGE EASE34W~NT (l~ul~aker & Associates _Portion) Proposal Submitted by: Hanson SJH Construction Construction Change Order to EastLake Contract #5724 w. ~vm~ P~, 04/24~2002 11:04 FAX 15582685126 ttA_NSON SJ~ ~002 CttAN GI~ ORDER PROPOSAL CONSTRUCTION CItANGE ORDER PROPOSAL TO CONTRACT NO. 5724 WEST OLYMI~IC IIVIPRO~S (From Station 256+65.62 To SDGE E~sement PROJECT: Title: WEST OLY1VI~IC PARKWAY- IMI~ROVE1VfF~NTS (Improvonents include: Sewer, Water, Reclaimed Water, Dry Utffit~e$ Locatiom West Olympic Park,~ay, fsom Station 256+65.62 To SDGE Easement within the City of Chula Vis~ County of San Diego, California TO: The Eesff ake Corrrp~y 900 Lane Avenue, Suite 100 ChulaVis~ CA 91914 Atmatio~ Bob Moors, Proje~ Manager The smder~i~ed, desirimg to submit a common change order for the aboveqt~som'bed project, does hereby represerrt and i. Contmet/C~mee Order Time If awarded th: contract eormrucdon chang, order, ~ smdor~ignex:i hereby agroes to complete the wet & · dry utilities mo later than Jul* 26. 2002, and complete the streetllghts by September 13, 2002 The undersigned agrees that he has inspected the site and is txepamd to co~.om~e work within five (5) working days 82mcr meeipt oft. he ~xecated change order from Owner and ~ cliligerrtly pumue the work to its eo~. letio~ 2. Conlract/Cham~e Order Price Pri~s irmluded/n the proposal to be good for a t~m ofnln~ty (90) da_w_ Upon award of ~.nge order, chz~ge order pric~ to be good for the duration of the contract. 3- cMteration of Owner reserves the r~ght to alter the lirnit~ of work with/~ th~ Change Ordm', should the nmity Cl~m~ Order unit prlees shall be ase. d for adclifioas or deletions to thc ori~n~l contract mount Ch~m,~e Order Submitted by: Accepted by: Hanson SJ~ Con~tracti~n The EastLake C~mpan7, P.O. Box 639069 900 Lane Avenue, Snff~ 100 San Di~o, CA 92163-9069 ChldaVim~ CA 91914 Phone: (858) 715-5628 Phone: (615)) 421-0127 F a~_~. (85~~ Fax: (61, 421-1830 Px'i~t or TyI:~ Nme Ps-J:r~ or TyI~: Name 19-o~e~ Mame~r Title Title Dated: 4/23/02 Dated: · 04/2~./2002 15:50 F.4-[ 15582655126 F_~NSON SJ~ ~013 .~04/2~2002 15:50 FAJ[ 18582685126 __ K~NSON SJK ~014 0.4/22/~002 15:50 FAX 18582685126 ~NSON SJH ~016 04/24/~002 11:04 FAX 18582685128 ~MXSON SJH ~003 RESOLUTION NO. 2002-~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CHANGE ORDERS REQUESTED BY THE EASTLAKE COMPANY ASSOCIATED WITH OLYMPIC PARKWAY BETWEEN SR 125 AND HUNTE P ARKW A Y WHEREAS, the City's Transportation Development Impact Fee (TDIF) program (Chapter 3.54 of the Municipal Code) allows developers to construct needed transportation infrastructure in lieu of paying transportation fees; and WHEREAS, the Eastlake Company is currently constructing the last segment of Olympic Parkway and has accelerated the construction by using bid prices of their Phase 1 contract to construct portions of Phase 2 in addition to new work based on competitive bids. These change orders are in excess of City staffs limitations on TDIF eligible change orders; and WHEREAS, there will be a final audit when the facility is complete to determine the actual TDIF credit amount; and WHEREAS, City staff recommends that any change order above $50,000 individually and cumulatively more than 5% of the contract total be authorized by council. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve change orders requested by The Eastlake Company associated with Olympic Parkway between SR 125 and Hunte Parkway. Presented by Approved as to form by John P. Lippitt Director of Public Works ~~~ John M. Kabeny City Attorney J:IAttorneylRESOIOlympic Parkway CO SR 125.doc 9) - rb3 COUNCIL AGENDA STATEMENT Item Meeting Date 5/28/02 ITEM TITLE: Resolution Approving the Final Map for San Miguel Ranch Planning Area "E-I", Chula Vista Tract No. 99-04. Accepting on behalf of thc City of Chula Vista, the various easements and streets, all as granted on said map, within said subdivision; approving the Subdivision Improvement Agreement for the completion of improvements required by said subdivision, and authorizing the Mayor to execute said agreement. Resolution Approving the Final Map Supplemental Subdivision Improvement Agreement for San Miguel Ranch Planning Area "E- l'', Chula Vista Tract No. 99-04, requiring Developer to comply with certain unfulfilled conditions of Resolution No. 2000-068 and authorizing the Mayor to execute said agreement Resolution Approving the grant of easements and maintenance agreement for San Miguel Ranch Neighborhood "E- 1", establishing specific obligations and responsibilities for maintenance of private landscaping within public fight-of-way and authorizing the Mayor to execute said agreement. SUBMITTED BY: Director of Public Works ~ City Manager 0~/~ (4/5ths Vote: Yes_No X_~..) REVIEWED BY: Tonight, City Cotmcil will consider the approval of 68 single family detached residential lots for Buie Corporation's Neighborhood "E-I" within Phase 2 of San Miguel Ranch. The Tentative Subdivision Map for Chula Vista Tract 99-04, San Miguel Ranch, was approved on February 29, 2000, by Resolution No. 2000-068. The "A" Map No. 1 for San Miguel Ranch, Phases 1,2 & 4 was approved by City Council on August 7, 2001 by Resolution No. 2001-259. Table I below provides a tally of approved units to date. The traffic cap for San Miguel Ranch is 892 units as approved by Council on December 17, 2001. RECOMMENDATION: That Council adopt the: 1. Resolution approving the Final "B" Map & Subdivision Improvement Agreement. 2. Resolution approving the "B" Map Supplemental Subdivision Improvement Agreement. 3. Resolution approving the Home Owners Association (HOA) Maintenance Agreement, establishing specific obligations and responsibilities of the HOA, regarding maintenance of private landscaping within public right-of-way. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable Page 2, Item -/ Meeting Date 5/28/02 DISCUSSION: The project is generally located northerly adjacent to Mount Miguel Road, south of Proctor Valley Road and cast of the proposed SR-125, within thc area of San Miguel Ranch Phase 2. The "B" map for Planning Area "E-I" consists of 68 numbered lots (Single Family Detached units) and 2 lettered lots, totaling a gross area of 12.122 acres (see Exhibit 1). The City's Environmental Review Coordinator has reviewed thc Final Map and has determined that it is in conformance with the Final Subsequent EIR for San Miguel Ranch SPA and TM (EIR 97-02), and other related environmental documents. Thc Final Map will not result in any new environmental effects that were not previously identified, nor would thc Final Map result in a substantial increase in severity in any impacts previously identified. This project is the first "B" map for San Miguel Ranch, Phase 2. After approval of this map of 68 dwelling units, only 588 dwelling units can be mapped prior to SR-125 opening to public access from Olympic Parkway to SR-125 as shown in Table 1. Table 1. Tally of San Miguel Ranch approved units to date Neighborhood / SPA Phase Date of Units Cumulative Units Remaining units Map Approved until 892 traffic Approval (Pending) Cap is reached Neighborhood "H"/Phase I 2/26/02 131 131 761 Neighborhood 'T' / Phase 1 4/9/02 105 236 656 Neighborhood "E-! "~Phase 2 Pending 68 304 588 The City has established a Traffic Enhancement Program in order to deal with issues concerning traffic impacts to the City. This program is aimed at increasing the capacity of the overall street system by making improvements on streets at certain locations that will have the greatest impact in reducing future congestion. The two most significant projects are widening on both Telegraph Canyon Road and East H Street at 1-805. The master developers are participating in financing the traffic enhancement projects within the City to provide additional capacity. The master developer for San Miguel Ranch will he budgeting one million dollars in the Master Developer's Community Facilities District 2001-01 for traffic improvements to East H Street at 1-805. The financing agreement for this facility will be brought forward for Council consideration in conjunction with the bond sale for Community Facilities District 2001-1. Staff is aware of the City Council's concern with and interest in traffic management and is addressing this issue on an ongoing basis. The final map has been reviewed by the Public Works Department and found to be in substantial conformance with the approved Tentative Map. Approval of the map constitutes acceptance by the City of all public streets, assignable and irrevocable general utility and access easements, tree planting and maintenance easements, sight visibility easements, and emergency and pedestrian access easements within the subdivision. Buie Corporation has executed a Supplemental Subdivision Improvement Agreement, which addresses several outstanding conditions of the tentative map. Buie Corporation has also executed the Subdivision Improvement Agreement, providing bonds to secure the construction of Page 3, Item -[ Meeting Date 5/28/02 onsite facilities within the subdivision. An advanced permit (Permit # SM-006I) has been issued to Buie Corporation to construct improvements. Parks The Master Developer (NNP Trimark San Miguel Ranch, LLC) has provided an Irrevocable Offer of Dedication of Fee Interest for the land acquisition obligation for community parks within San Miguel Ranch Phases 1, 2, & 4 "A" Map No. (Resolution No. 2001-259). Grant of easements and Maintenance Agreement The grant of easements and maintenance agreement sets forth the master developer's obligation to maintain landscaping in the public right of way. The obligation will be assigned to the master homeowner's association (MHOA) after the landscaping has been established and turned over to the MHOA to maintain. Further agreements will be brought before council with each subsequent map for MHOA maintained public property within the subdivision boundary. FISCAL IMPACT: None to the City. Developer has paid all costs associated with the proposed Final Map and agreement. Attachments: Exhibit 1: Plat - San Miguel Ranch Planning Area "E- 1", Chula Vista Tract 99-04, location map. Exhibit 2: Developer's Disclosure Statements File No. 0600-80-SM004F J:\Engineer~AGENDA~A l 13_SanMiguelRanch_E 1 _Draft I doc 5/17/02 8:47:07 AM CHULA VISTA TRACT NO. 99-04 SAN MIGUEL RANCH PLANNING AREA "E- 1" CHULA VISTA TRACT NO. "~ SAN MIGUEL RANCH ~' PHASES t, 2, & 4 'A' MAP NO. 1 · 5 MAP NO, 14:261. LOT "T~ 4 /LOT LOT LOT LOT ~F' LOT 'AA' I I HUNSAKER & ASSOCIATES PL&NNING 10179 Ht~nrtel~en, Street 0 300 600 900 1200 R:\O246\&MAP\EXH FM PA E-I COUNCIL.DWG - W.O. 2091-10 ~-~--¢ SCALE 1"= 300' CITY OF CHULA VISTA DISCLOSURE STATEMENT You are required to file a Statement of Disclosure of certain ownership or financial interests, payments, or campaign contributions on all matters which will require discretionary action on the part of the City Council, Planning Commission, and all other official bodies. The following information must be disclosed: 1. List the names of all persons having a financial.interest in the property which is the subject of the application or the Contract, e.g., owner, applicant, Contractor, subcontractor, mater/al supplier, etc. 2. If any person* identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. 3. If any person* identified pursuant to (1) above is a non-profit organization or a trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or h-astor of the trust. 4. Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions, Committees, and Council within the past twelve months? Yes__ No~qfyes, please indicate person(s): 5. Please identify each and every person, including agents, employees, consultants, or independent Contractors who you have assigned to represent you before the City in this matter. 6. Have you and/or your officers or agents, in the aggrfi,~ate, contributed more than 5; 1,000 to a Council member in the current or preceding election period? Yes__ No.~a'qf yes, state which Council member(s): * * * (NOTE: Attach Additional Pages as Necessary) * * * Date: ~'?~ ~/~ '~ Signature o~d, ffl~ct/~pplicant ' Printed or Typed Name of Contractor/Applicant * Person is defined as: "Any individual, firm, co-partnership, joint venture, association, social club, frater~tal organization, corporation, estate, trust, receiver, syndicate, this and any other county, city, or country, city municipality, district, or other political subdivision, or an), other group or combination acting as a unit." H:~HOME~ENGI2qEER~LANDDEV~Fom~s-Offi cialWiisc~isclosure Statement. doc 05'15/02 WED 16:35 FAX 858 794 2401 BUIE COMMlrnITIES I4J 002 Appendix B THE CITY OF CHULA VISTA DISCLOSURE STATEMENT "'X¡"JI~ìl¡ Z 1:.. . ,-" . ~,.;"..,.;..,.."',"." You are required to file a Slatement of Disclosure of certain ownership or financial interests, payments, or campaign contributions, on all matters which will require discretionary action on the part of the City Council, Planning Commission, and all other official bodies. The following information must be disclosed: 1. List the names of all persons having financial interast in the property which is the subject of the application or the contract, e.g., owner applicant, contractor, subcontractor, material supplier. HiiP ,\/ill õYùqluj ¡)~cJ¡ : UC /Ylf¡¡) HoYti-¡'/'f/(Jarl-nv',,- JIL., c¿ ~r Pui( ØVrrifnJ.ffll'úIS, U.~ (~fj Allruhr/) 2. If any person· identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. . . J/;~/: ~'!:c¡ard 3. If any person' identified pursuant to (1) above is non-profit organization or a trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. 1obu;J. r huìu f TfUQ.pJ 'Dç W P () bu J to 6J.ì t OJ¡ d tPo..rruJo. T. '?)\.u' € (J.œ Awl' Ø1 0 C TnÁ.5~ 4. Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions, Committees, and Council within the past twelve months? Yes No ~ If yes, please indicate person{s): s. Please identify each and every person, including any agents, employees, consultants, or independent contractors who you havB assigned to represent you before the City in this matter. f ('f ~UJrr (8W¡; ) f-úuvsA.rE.¡;¿ ~As.sOC. ME'US<;,.q ,f/PAfl<;,= (ßwe) 'P-A-ÇSf7VIA-N éA60N r Af.C,HI1èlTS r0ILu:;''SP¡(;, OE5r6N GI2Ðu..P 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Councilmember in the current or preceding election period? Yes _ No L If yes, state which Councilmember(s): Date' . PeríO~ ií d'fi~'" os: "A'I)' i~"ivi""ar,firm, c<>-P"""","hip,joi~r""'"re, ,,"íocla'io~, íoclal cl"b.fr.a"rnalorga~i::ali"", carparatia,., S.SIØlf!, 1f'1Lt1. rec:eiVer, syndit::øte, thts Qlld ány otJ.£r C'ozm"" eily arid C'ount'Y. ciry mllnÎt:fpQlity, a.'is(7iCl, ~,. olher poUt/CD! subdivision, or any a/her g'oup .r combi~atian acting,," a "nit, .. LJ. _ fÍ; RESOLUTION NO. 2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL MAP FOR SAN MIGUEL RANCH PLANNING AREA "E-1" , CHULA VISTA TRACT NO. 99-04, ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE VARIOUS STREETS AND EASEMENTS, ALL AS GRANTED ON SAID MAP, WITHIN SAID SUBDIVISION, APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby finds that certain map survey entitled Chula Vista Tract 99-04 SAN MIGUEL RANCH PLANNING AREA "E-1" , and more particularly described as follows: Being Lot 14 of Chula Vista Tract No. 99-04, San Miguel Ranch Phases 1, 2 & 4 "A" Map No. 1, in the City of Chula Vista, County of San Diego, State of California, according to Map thereof No. 14261 filed in the office of the San Diego County Recorder on August 21, 2001. Area: 12.122 Acres Numbered Lots: 68 No. of Lots: 70 Lettered Lots: 2 is made in the manner and form prescribed by law and conforms to the surrounding surveys; and that said map and subdivision of land shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the public the Assignable and Irrevocable General Utility and Access Easements, all as shown on said map within this subdivision. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map, and that those certain Assignable and Irrevocable General Utility and Access Easements, are accepted on behalf of the City of Chula Vista as herein above stated. 1 Lf-1 BE IT FURTHER RESOLVED that City Clerk is hereby directed to transmit said map to the Clerk of the Board of Supervisors of the County of San Diego. BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement dated the for the completion of improvements in said subdivision, a copy of which is on file in the office of the City Clerk, is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and is hereby authorized to execute said agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by John P. Lippitt Director of Public Works ~~c~ Joh Kaheny City Attorney J:\attorney\reso\SMR Final Map Planning Area E-l 2 If-g r"~· ~. ""'T u.............r THE A TT ACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY A TTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL & :J»1 ~ ~ M. Kaheny City Attorney Dated: S- ----- 0 ..-- () '2.- Subdivision Improvement Agreement for the Completion of Improvements Required by San Miguel Ranch Planning Area, "E-l". Lf-q Recording Requested by: CITY CLERK When Recorded, Mail to: CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, Ca. 91910 DRAFT No transfer tax is due as this is a conveyance to a public agency of less than a fee interest for which no cash consideration has been paid or received. Declarant SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this day of 2002, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and SAN MIGUEL RANCH DEVELOPMENT, LLC, a California Limited Liability Company, 11260 El Camino Real, Suite 200, San Diego, CA 92130, hereinafter called "Subdivider" with reference to the facts set forth below, which Recitals constitute a part of this Agreement; RECITALS: WHEREAS, Subdivider is about to present to the City Council of the City of Chula Vista for approval and recordation, a final subdivision map of a proposed subdivision, to be known as SAN MIGUEL RANCH, PLANNING AREA "E-1", CHULA VISTA TRACT 99-04, pursuant to the provisions of the Subdivision Map Act of the State of California, and in compliance with the provisions of Title 18 of the Chula Vista Municipal Code relating to the filing, approval and recordation of subdivision map; and WHEREAS, the Code provides that before said map is finally approved by the Council of the City of Chula Vista, Subdivider must have either installed and completed all of the public improvements and/or land development work required by the Code to be installed in subdivisions before final maps of subdivisions are approved by the Council for purpose of recording in the Office of the County Recorder of San Diego County, or, as an al ternati ve thereto, Subdi vider shall enter -1- 1-/0 into an agreement with City, secured by an approved improvement security to insure the performance of said work pursuant to the requirements of Title 18 of the Chula Vista Municipal Code, agreeing to install and complete, free of liens at Subdivider's own expense, all of the public improvements and/or land development work required in said subdivision within a definite period of time prescribed by said Council; and WHEREAS, Subdivider is willing in consideration of the approval and recordation of said map by the Council, to enter into this agreement wherein it is provided that Subdivider will install and complete, at Subdivider's own expense, all the public improvement work required by City in connection with the proposed subdivision and will deliver to City improvement securities as approved by the City Attorney; and WHEREAS, a tentative map of said subdivision has heretofore been approved, subj ect to certain requirements and conditions, as contained in Resolution No. 2000-068, approved on the 29th day of February, 2000 ("Tentative Map Resolution"); and WHEREAS, complete plans and specifications for the construction, installation and completion of said public improvement work have been prepared and submitted to the City Eng ineer , as shown on Drawings Nos. 01106 - 0 1 through 01106 - 0 8 inclusive, on file in the office of the City Engineer; and WHEREAS, an estimate of the cost of constructing said public improvements according to said plans and specifications has been submitted and approved by the City in the amount of ONE MILLION SEVEN HUNDRED THIRTY-TWO THOUSAND DOLLARS AND NO CENTS ($1,732,000,00) . NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: 1. Subdivider, for itself and his successors in interest, an obligation the burden of which encumbers and runs with the land, agrees to comply with all of the terms, conditions and requirements of the Tentative Map Resolution; to do and perform or cause to be done and performed, at its own expense, without cost to City, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the City Engineer, all of the public improvement and/or land development work required to be done in and adjoining said subdivision, including the improvements described in the above Recitals ("Improvement Work"); and will furnish the necessary materials -2- 4-/1 ------ therefor, all in strict conformity and in accordance with the plans and specifications, wÞ.ich documents have heretofore been filed in the Office of the City Engineer and as described in the above Recitals this reference are incorporated herein and made a part hereof. 2, It is expressly understood and agreed that all monuments have been or will be installed within thirty (30) days after the completion and acceptance of the Improvement Work, and that Subdivider has installed or will install temporary street name signs if permanent street name signs have not been installed. 3. It is expressly understood and agreed that Subdivider all necessary materials to be furnished and all Work required under the provisions of this contract on or before the second anniversary date of Council the Subdivision Improvement Agreement. will cause Improvement to be done approval of 4. It is understood and agreed that Subdivider will perform said Improvement Work as set forth hereinabove, or that portion of said Improvement Work serving any buildings or structures ready for occupancy in said subdivision, prior to the issuance of any certificate of clearance for utility connections for said buildings or structures in said subdivision, and such certificate shall not be issued until the City Engineer has certified in writing the completion of said public improvements or the portion thereof serving said building or structures approved by the City; provided, however, that the improvement security shall not be required to cover the provisions of this paragraph. 5. It is expressly understood and agreed to by Subdivider that, in the performance of said Improvement Work, Subdivider will conform to and abide by all of the provisions of the ordinances of the City of Chula Vista, and the laws of the State of California applicable to said work, 6. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of EIGHT HUNDRED SIXTY-SIX THOUSAND DOLLARS AND NO CENTS ($866,000.00) which security shall guarantee the faithful performance of this contract by Subdivider and is attached hereto, marked Exhibit "A" and made a part hereof. -3- if - / {}- 7. Subdivider further agrees to furnish and deliver to the City of Chula Vista simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of EIGHT HUNDRED SIXTY-SIX THOUSAND DOLLARS AND NO CENTS ($866,000.00) to secure the payment of material and labor in connection with the installation of said public improvements, which security is attached hereto, marked Exhibit "B" and made a part hereof and the bond amounts as contained in Exhibit "B", and made a part hereof, 8. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of TWELVE THOUSAND DOLLARS AND NO CENTS ($12,000.00) to secure the installation of monuments, which security is attached hereto, marked Exhibit "C" and made a part hereof. 9. It is further agreed that if the Improvement Work is not completed within the time agreed herein, the sums provided by said improvement securities may be used by City for the completion of the Improvement Work within said subdivision in accordance with such specifications herein contained or referred, or at the option of the City, as are approved by the City Council at the time of engaging the work to be performed. Upon certification of completion by the City Engineer and acceptance of said work by City, and after certification by the Director of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the terms of the improvement security. Subdivider agrees to pay to the City any difference between the total costs incurred to perform the work, including design and administration of construction (including a reasonable allocation of overhead), and any proceeds from the improvement security. 10. It is also expressly agreed and understood by the parties hereto that in no case will the City of Chula Vista, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefor, except to the limits established by the approved improvement security in accordance with the requirements of the State Subdivision Map Act and the provisions -4- 4-/3 of Title 18 of the Chula Vista Municipal Code. 11. It is further understood and agreed by Subdivider that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by City in connection with the approval of the Improvement Work plans and installation of Improvement Work hereinabove provided for, and the cost of street signs and street trees as required by City and approved by the City Engineer shall be paid by Subdivider, and that Subdivider shall deposit, prior to recordation of the Final Map, with City a sum of money sufficient to cover said cost. 12. It is understood and agreed that until such time as all Improvement Work is fully completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and any damage to, the streets, alleys, easements, water and sewer lines within the proposed subdivision. It is further understood and agreed that Subdivider shall guarantee all public improvements for a period of one year from date of final acceptance and correct any and all defects or deficiencies arising during said period as a result of the acts or omission of Subdivider, its agents or employees in the performance of this agreement, and that upon acceptance of the work by City, Subdivider shall grant to City, by appropriate conveyance, the public improvements constructed pursuant to this agreement; provided, however, that said acceptance shall not constitute a waiver of defects by City as set forth hereinabove. 13. It is understood and agreed that City, as indemnitee, or any officer or employee thereof, shall not be liable for any injury to person or property occasioned by reason of the acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement. Subdivider further agrees to protect and hold the City, its officers and employees, harmless from any and all claims, demands, causes of action, liability or loss of any sort, because of or arising out of acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement; provided, however, that the approved improvement security shall not be required to cover the provisions of this paragraph. Such indemnification and agreement to hold harmless shall extend to damages to adjacent or downstream properties or the taking of property from owners of such adjacent or downstream properties as a result of the construction of said subdivision and the public improvements as provided herein. It shall also extend to damages resulting from diversion of waters, change in the volume of flow, modification of the velocity of -5- If-/Lf the water, erosion or siltation, or the modification of the point of discharge as the result of the construction and maintenance of drainage systems, The approval of plans providing for any or all of these conditions shall not constitute the assumption by City of any responsibility for such damage or taking, nor shall City, by said approval, be an insurer or surety for the construction of the subdivision pursuant to said approved improvement plans. The provisions of this paragraph shall become effective upon the execution of this agreement and shall remain in full force and effect for ten (10) years following the acceptance by the City of the improvements. 14. Subdivider agrees to defend, indemnify, and hold harmless the City or its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory agency, appeal board, or legislative body concerning a subdivision, which action is brought within the time period provided for in Section 66499.37 of the Government Code of the State of California. 15. Assignability. Upon request of the Subdivider, any or all on-site duties and obligations set forth herein may be assigned to Subdivider's successor in interest if the City Manager in 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 securities by the successor in interest in place and stead of the original securities described herein so long as such substituted securities meet the criteria for security as set forth elsewhere in this Agreement. Such assignment will be in a form approved by the City Attorney. -6- If- /5 SIGNATURE PAGE TO SUBDIVISION IMPROVEMENT AGREEMENT SAN MIGUEL RANCH PLANNING AREA "E-l" CHULA VISTA TRACT 99-04 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. DEVELOPERS/OWNERS: THE CITY OF CHULA VISTA SAN MIGUEL RANCH DEVELOPMENT, LLC, a California Limited Liability Company, Owner Mayor of the City of Chula Vista By: BUIE SAN MIGUEL RANCH, LLC, a California Limited Liability Company, Its Manager ATTEST City Clerk By: BUIE COMMUNITIES, LLC, a California Limited Liability Company, Its Manager Approved as to form by City Attorney By: Name: 'r:- JI. ~.,.n Title: (Attach Notary Acknowledgment) -7- 4--/ (¡; LIST OF EXHIBITS Exhibit "A" Improvement Security - Faithful Performance Form: Bond Amount: $866,000,00 Exhibit "BII Improvement Security - Material and Labor: Form: Bond Amount: $866,000.00 Exhibit "c" Improvement Security - Monuments: Form: Bond Amount: $12,000.00 Securities approved as to form and amount by City Attorney Improvement Completion Date: Two (2) years from date of City Council approval of the Subdivision Improvement Agreement. J:\Attorney\SIA\SMR E-l CVT 99-04 -8- Lj-- /1 STATE OF CALIFORNIA } SS. COUNTY OF SAN DIEGO On April 30. 2002 before me, Jacqueline W. Aldridge, a Notary Public in and for said County and State, personally appeared ROBERT A. WYATT personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. ~~. u)W')D,\)-¡ r ~ ~~·'~1 \'!I ~ COMM. 11.252818 _ I" NOTARYPIJBIJC.CAIJFON I: - MY~~~ 21 1 1I1I1I1I1I1I~~~ IIII~:'~IIII OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. DESCRIPTION OF ATTACHED DOCUMENT: Type of Document: Subdivision Improvement Agreement Number of Pages: Date of Document: 8 None City ofChula Vista, Mayor, City Clerk & City Attorney Signers Other Than Named Above: ALL-PURPOSE ACKNOWLEDGMENT 4- - r'F RESOLUTION NO,2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL MAP SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR SAN MIGUEL RANCH PLANNING AREA "E-l", CHULA VISTA TRACT NO. 99-04, REQUIRING DEVELOPER TO COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF RESOLUTION NO, 2000-068 AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the Subdi vision Improvement outstanding conditions of developer has executed a Supplemental Agreement which addresses several the tentative map. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the Final Map Supplemental Subdivision Improvement Agreement for San Miguel Ranch Planning Area "E-l" , Chula Vista Tract No. 99-04, a copy of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED Chula Vista is hereby authorized behalf of the City of Chula Vista. that the Mayor of the City of to execute said Agreement on Presented by Approved as to form by ~~[ft~ City Attorney John P. Lippitt Director of Public Works [J:\ATTORNEY\RESO\ssia SMR Planning Area I (May 15, 2002 (1 0:46AM)] Lj-- / 1 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALL Y SIGNED UPON APPROY AL BY THE CITY COUNCIL (f~A (~1- John M. Kaheny C/ City Attorney Dated: Š ~ (S - ¿) -2-- Final Map Supplemental Subdivision Improvement Agreement for San Miguel Ranch Planning Area "E-i", Chula Vista Tract No. 99-04 +-;20 RECORDING REQUEST BY: City Clerk WHEN RECORDED MAIL TO: CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA 91910 No transfer tax is due as this is a conveyance to a public agency of less than a fee interest for which no cash consideration has been paid or received. Developer Above Space for Recorder's Use SAN MIGUEL RANCH PLANNING AREA "E-1" FINAL MAP SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT (Conditions 10, 12, 40, 57, 90, 103, 109, 138, 155, 156, 179, and 187) This Supplemental Subdivision Improvement Agreement ("Agreement") is made this day of ,2002, by and between THE CITY OF CHULA VISTA, California ("City" or "Grantee" for recording purposes only) and San Miguel Ranch Development, LLC, A California Limited Liability Company, ("Developer" or "Grantor"), with reference to the facts set forth below, which recitals constitute a part of this Agreement: RECITALS A. This Agreement concerns and affects certain real property located in Chula Vista, California, more particularly described on Attachment "A" attached hereto and incorporated herein (" Property") . The Property commonly known as Planning Area "E-1" of San Miguel Ranch is within approved Tentative Subdivision Map Chula Vista Tract 99-04, San Miguel Ranch, City of Chula Vista, California (Resolution No. 2000-068 on February 4--:;2/ 29, 2000 the "Resolution"). For purposes of this Agreement the term IIProjectll shall also me~n "Property". B. Developer and/or Developer's predecessor in interest has applied for and the City has approved Tentative Subdivision Map commonly referred to as Chula Vista Tract 99-04 San Miguel Ranch ("Tentative Subdivision Map") for .the subdivision of the Property and adjacent land. C. The City has adopted Resolution No. 2000-068 pursuant to which it has approved the Tentative Subdivision Map subject to certain conditions as more particularly described in the Resolution. D. The City has adopted Resolution No. 2001-259 pursuant to which it has approved the San Miguel Ranch Phases 1, 2, and 4 Supplemental Subdivision Improvement Agreement - A Map ("Previous Agreement") which touched and concerned the Property. E. City is willing, on the premises, security, terms and conditions herein contained, to approve the final map for which Developer has applied as being in substantial conformance with the Tentative Subdivision Map described in this Agreement. Developer understands that subsequent final maps may be subject to the same security terms and conditions contained herein. F. The following defined terms shall have the meaning set forth herein, unless otherwise specifically indicated: a. "Developer" means the person, persons or entity having a legal or an equitable interest in the property or parts thereof and includes Developer's successors-in-interest and assignors of any property within the boundaries of the map, This includes San Miguel Ranch Development, LLC, A California Limited Liability Company and any and all owners of real property within the boundaries of the Property, and all signatories to this Agreement. b. "Guest Builder" interest in the Property or final map has been recorded. means those entities obtaining any a portion of the Property, after the c. "PFFP" means the Public Facilities Financing Plan adopted by Resolution No. 19631 on October 19, 1999 and as may be amended from time to time. 2 4-~;;J}- NOW, THEREFORE, in exchange for the mutual covenants, conditions herein contained, the parties agree as below. terms and set forth 2. Agreement Applicable to Subsequent Owners. a. Agreement Binding Upon Successors. This Agreement shall be binding upon and inure to the benef i t of the successors, assigns and interests of the parties as to any or all of the Property as described on Attachment "A" until released by the mutual consent of the parties. For the purposes of this Agreement the "Developer" shall also mean "Applicant" b. Agreement Runs with the Land. The burden of the covenants contained in this Agreement ("Burden") is for the benefit of the Property ahd the City, its successors and assigns and any successor in interest thereto, City is deemed the beneficiary of such covenants for and in its own right and for the purposes of protecting the interest of the community and other parties public or private, in whose favor and for whose benefit of such covenants running with the land have been provided without regard to whether City has been, remained or are owners of any particular land or interest therein. If such covenants are breached, the City shall have the right to exercise all rights and remedies and to maintain any actions or suits at law or in equi ty or other proper proceedings to enforce the curing of such breach to which it or any other beneficiaries of this agreement and the covenants may be entitled. c. Developer Release on Guest Builder Assignments. If Developer assigns any portion of the Project to a Guest Builder, Developer may request to be released from Developer's obligations under this Agreement, that are expressly assumed by the Guest Builder, provided Developer obtains the prior written consent of the City to such release. Such assignment to the Guest Builder shall, however, be subject to this Agreement and the Burden of this Agreement shall remain a covenant running with the land. The City shall not withhold its consent to any such request for a release so long as the assignee acknowledges that the Burden of the Agreement runs with the land, assumes the obligations of the Developer under this Agreement, and demonstrates, to the satisfaction of the City, its ability to perform its obligations under this Agreement as it relates to the portion of the Project which is being acquired by the Assignee. d. Partial Release of Developer's Assignees. If Developer assigns any portion of the Project subject to the Burden of this Agreement, upon request by the Developer or its assignee, the City shall release the assignee of the Burden of this Agreement as to such assigned portion if such portion has complied with the 3 4-;)3 requirements of this Agreement to the satisfaction of the City and such partial release will not, in the opinion of the City, jeopardize the likelihood that the remainder of the Burden will not be completed. e. Release of Individual Lots. Upon the occurrence of any of the following events, Developer shall, upon receipt of the prior written consent of the City Manager (or Manager's designee), have the right to release any lot(s) from Developer's obligation under this Agreement: i. The execution of a purchase agreement for the sale of a residential lot to a buyer of an individual housing unit; ii. Association; The conveyance of a lot to a Homeowner's lll. The conveyance of a school site as identified in the SPA Plan to a school district; The City shall not withhold its consent to such release so long as the City finds in good faith that such release will not jeopardize the City's assurance that the obligations set forth in this Agreement will be performed. At the request of the Developer, the City Manager (or Manager's designee) shall execute an instrument drafted by Developer in a recordable form acceptable to the City Manager (or Manager's designee), which confirms the release of such lot or parcel from the encumbrance of this Agreement. Notwithstanding the homeowner's escrow Agreement, such lot from the encumbrance foregoing, at on any lot or or parcel shall hereof. the close of an indi vidual parcel encumbered by this be automatically released 3. Condition No. 10 (General Preliminary) In satisfaction of Condition No, 10 of the Resolution, the Developer agrees that if any of the terms, covenants or conditions contained herein shall fail to occur or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted including issuance of building permits, deny, or further condition the subsequent approvals that are derived from the approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The Developer shall be notified 10 days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City within a reasonable and diligent time frame 4. Condition No. 12 (General Preliminary) In 4 4-;)1 satisfaction of Condition No. 12 of the Resolution, the Developer agrees that the Developer shall indemnify, protect, defend and hold the City harmless from and against any and all claims, liabilities and costs, including attorney's fees, arising from challenges to the Environmental Impact Report for the Project and any or all entitlements and approvals issued by the City in connection with the Project. 5. Condition No. 40 - (ADA Standards). In satisfaction of Condition No. 40 of the Resolution the Developer agrees that in the event the Federal Government adopts "Americans with Disabili ties Act" ("ADA") standards for street rights-of -way, which are in conflict with the standards and approvals contained herein, all such approvals conflicting with those standards shall be updated to reflect those standards. Unless otherwise required be federal law, City ADA standards may be considered vested, as determined by Federal Regulations, only after construction has commenced. 6. Condition No. 57 (Sewer and Water). In partial satisfaction of Condition No. 57, the Developer shall guarantee prior to the release of bonds for street improvements that the "Engineer-of-Work" has clearly identified all sewer (8) and water (W) lateral locations prior to the construction of curbs so that the curb face can be stamped with an "8" and "W", for the sewer and water laterals, respectively, and the Developer shall propagate all curb face markings in order to assure that the locations of the said utilities are identifiable. 7. Condition No. 90 satisfaction of Condition No. following: (Building Permits). In partial 90, the Developer agrees to the a. That the City may withhold building permits for the Property if anyone of the following occur: (i) . Regional development threshold limits set by the East Chula Vista Transportation Phasing Plan have been reached. (ii) . Traffic volumes, levels of service, public utilities and/or services exceed the adopted City threshold standards in the then effective Growth Management Ordinance. (iii). The required public facilities, as identified in the PFFP or as amended or otherwise conditioned have not been completed or constructed to satisfaction of City. The Developer may propose changes in the timing and sequencing of development and the construction of 5 4' ;;.6 improvements affected. In such case, the PFFP may be amended as approved by the City's Director of Planning and Building and the Public Works Director. b. To defend, indemnify and hold harmless the City and its agents, . officers and employees, from any claim, action or proceeding against the City, or its agents, officers or employees, to attack, set aside, void or annul any approval by the City, including approval by Planning Commission, City Councilor any approval by its agents, officers or employees with regard to this Property pursuant to Section 664990.37 of the State Map Act provided the City promptly notifies the Developer of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. c. To ensure that all franchised cable television companies ("Cable Company") are permitted equal opportunity to place conduit and provide cable television service to each lot within the subdivision. Developer agrees that City of Chula Vista may grant access to cable companies franchised by the City of Chula Vista to place conduit within the City's easement situated wi thin the Proj ect . Developer shall restrict access to the conduit to only those franchised cable television companies who are, and remain in compliance with all other rules, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may from time to time be issued by the City of Chula Vista. d. That the City may withhold the issuance of building permits for the Project, should the Developer be determined by the City to be in breach of any of the terms of the Tentative Map Conditions or any Supplemental Agreement. The City shall provide the Developer of notice of such determination and allow the Developer reasonable time to cure said breach. e. To hold the City harmless from any liability for erosion, siltation or increase flow of drainage resulting from this project. 8. Condition No. 103 - (DG Walkways free from obstacles). In partial satisfaction of Condition No. 103 of the resolution, 6 4--;;;L~ the Developer hereby acknowledges and agrees that there shall be no vertical obstacles or any obstructions such as public utility vaults, boxes, etc. placed within the decomposed granite (D. G.) walkways within the Project. In the event of any such obstruction placed within the walkways, Developer agrees to immediately remove such obstructions, upon request of the City. 9. Condition No. 109 (Open Space Walls). In partial satisfaction of Condition No, 109, the Developer agrees that walls which are located within the open space maintenance district shall have owners of adjoining lots sign a statement when purchasing their homes that they are aware that the wall is on Open Space property and that they may not modify or supplement the wall or encroach onto Open Space property. Developer further agrees that these restrictions shall also be reflected in the CC&R's for each lot, and a copy of said restrictions shall be provided to the City for its approval. 10. Condition No. 138 (Landscape Improvements). In satisfaction of Condition No. 138, prior to the acceptance of improvements for any portion of Planning Area "E-1", the Developer shall install landscape planting and irrigation improvements for Lots EI-A and EI-B to the satisfaction of the Director of Planning and Building. 11. Condition No. 155 - (Turnover of Maintenance for open space areas to HOA). In partial satisfaction of Condition No. 155 of the Resolution, Developer shall provide prior to approval of each Final Map, or as otherwise approved by the Director of Planning and Building, a schedule outlining the proposed turnover of maintenance for open space areas to H.O.A. as applicable, 12. Condition No. 156 (Landscaping Plans). In partial satisfaction of Condition No. 156 of the Resolution, Developer shall provide a landscaping plan for the Property, prior to issuance of the first building permit for the Property, showing that all single family residential lots have been designed to accommodate a 5W X 5»' (30.25 sq. ft.) tree planting area within the street tree easement clear of utility lines, boxes, and similar obstructions. 13. Condition No. 179 (National Pollutant Discharge Elimination System). In partial satisfaction of Condition No. 179 of the Resolution, the Developer shall comply with all applicable regulations established by the United States Environmental Protection Agency (USEPA) as set forth in the National Pollutant Discharge Elimination System (N.P.D.E.S.) permit requirements for urban runoff and storm water discharge and any regulations adopted by the City of Chula Vista pursuant to the N. P. D. E. S. regulations or requirements. Further, the Developer shall file notice of intent with the State Water Resources Control Board to obtain coverage under the N. P. D, E. S. General Permit for Storm Water Discharges Associated with Construction Activity and shall 7 4-;;7 implement a Storm Water Pollution Prevention Plan concurrent with the commencement of grading activities. (SWPPP) 14. Condition No. 187 (Withhold Building Permits). In partial satisfaction of Condition No. 187 of the Resolution, the Developer acknowledges that the City may withhold building permits for any of the phases of development identified in the Public Facilities Financing Plan (PFFP) if the required public facilities, as identified in the PFFP or as amended or otherwise conditioned, have not been completed or constructed to the satisfaction of the Director of Planning and Building, 15. Satisfaction of Conditions. City agrees that the execution of this Agreement constitutes satisfaction or partial satisfaction of Developer's obligation of Condition Nos. 10, 12, 40, 57, 90, 103, 109, 138, 155, 156, 179, and 187, of the Resolution. Developer further understands and agrees that some of the provisions herein may be required to be performed or accomplished prior to the approval of other final maps for the San Miguel Ranch Tentative Map, as may be appropriate. 16. Previous Agreement. It is the intent of the parties that the San Miguel Ranch Planning Area "E-l" Supplemental Subdivision Improvement Agreement with San Miguel Ranch Development, LLC, A California Limited Liability Company shall not supersede the Previous Agreement. The terms and conditions of the Previous Agreement remain in full force and effect concerning the Project. 17. Recording. This Agreement, or an abstract hereof shall be recorded simultaneously with the recordation of the Final Map. 18. Building Permits. Developer and Guest Builders acknowledge and agree that the City may withhold the issuance of building permits for the Project, should the Developer be determined by the City to be in breach of any of the terms of this Agreement. The City shall provide the Developer of notice of such determination and allow the Developer with reasonable time to cure said breach. 19. Assignabli ty. Upon request of the developer, any or all on-site duties and obligations set forth herein may be assigned to developer's successor in interest if the 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 securities by the successor in interest in place and stead of the original securities described herein so long as such substituted securities meet the criteria for security as set forth elsewhere in this agreement. Such assignment will be in a form approved by the City Attorney. 8 4- -;} 't 20. Implement Previously Adopted Conditions of Approval Pertinent to proj ect. The proj ect shall comply, remain in compliance, and implement the terms, conditions, and provisions, as City determines are applicable to the Property which is the subject matter of this Agreement, of 1) San Miguel Ranch Tentative Tract Map (CVT 99-04), previously approved by City Council Resolution No. 2000-068 on February 29, 2000 and 2) San Miguel Ranch Phase I, II, and IV Final Map Supplemental . Subdivision Improvement Agreement, which was approved by Resolution No. 2001-259 on August 7, 2001. 21. Miscellaneous. a. Notices. Unless otherwise provided in this Agreement or by law, any and all notices required or permitted by this Agreement or by law to be served on or delivered to either party shall be in writing and shall be deemed duly served, delivered, and received when personally delivered to the party to whom it is directed, or in lieu thereof, when three (3) business days have elapsed following deposit in the U.S. mail, certified or registered mail, return receipt requested, first-class postage prepaid, addressed to the address indicated in this Agreement. A party may change such address for the purpose of this paragraph by giving written notice of such change to the other party. CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA. 91910 Attn: Director of Public Works Developer: San Miguel Ranch Development, LLC, 11260 El Camino Real, Suite 200 San Diego, California 92130 A party may change such address for the purpose of this paragraph by giving written notice of such change to the other party in the manner provided in this paragraph. b. Captions. Captions in this Agreement are inserted for convenience of reference and do not define, describe or limit the scope or intent of this Agreement or any of its terms. c. Entire Agreement. This Agreement contains the entire agreement between the parties regarding the subject matter hereof. Any prior oral or written representations, agreements, understandings, and/or statements shall be of no force and effect. This Agreement is not intended to supersede or amend any other agreement between the parties unless expressly noted. d. Preparation of Agreement. No inference, assumption or presumption shall be drawn from the fact that a party or his attorney prepared and/or drafted this Agreement. It shall be conclusively presumed that both parties participated equally in 9 4-:;;C¡ the preparation and/or drafting this Agreement. e. Recitals; Attachments. Any recitals set forth above and Attachments hereto are incorporated by reference into this Agreement. f. Attorneys' Fees. If either party commences litigation for the judicial interpretation, reformation, enforcement or rescission hereof, the prevailing party will be entitled to a judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party" 'shall be deemed to be the party who is awarded substantially the relief sought. [NEXT PAGE IS PAGE ONE OF TWO SIGNATURE PAGES] 10 4-30 [PAGE ONE OF TWO SIGNATURE PAGES TO SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR SAN MIGUEL RANCH PLANNING AREA "E-l" FINAL MAP] IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first hereinabove set forth. CITY OF CHULA VISTA Mayor Attest: Susan Bigelow City Clerk APPROVED AS TO FORM: John M. Kaheny City Attorney [NEXT PAGE IS PAGE TWO OF SIGNATURE PAGES] 11 4- 31 [PAGE TWO OF TWO SIGNATURE PAGES TO SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR SAN MIGUEL RANCH PLANNING AREA "E-l" FINAL MAP] DEVELOPERS/OWNERS: SAN MIGUEL RANCH DEVELOPMENT, LLC, a California Limited Liability Company, Owner By: BUIE SAN MIGUEL RANCH, LLC, a California Limited Liability Company, ~~~ Its: .Manager 1WðtltT A. ....yATI' By: Buie Communities, LLC, a C~~~~bility Its: Manager ~e"~" A. Uo-)'A1'T Company, 12 4 - 3;).. ATTACHMENT "A" LEGAL DESCRIPTION OF PROPERTY THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORINA, COUNTY OF SAN DIEGO, AND IS DESCREIBED AS FOLLOWS: LOT 14 OF CHULA VISTA TRACT 99-04 SAN MIGUEL RANCH PHASES 1, 2 AND 4 "Au MAP NO.1, ACCORDING TO MAP THEREOF NO. 14261, FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 21, 2001, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. C:\Greg's Stuff\San Miguel Ranch - P.A. - E-l\SMR-ElMap-SSIA(3-2-02) .doc 4--33 STATE OF CALIFORNIA } SS. COUNTY OF SAN DIEGO On April 30. 2002 before me, Jacqueline W. Aldridge, a Notary Public in and for said County and State, personally appeared ROBERT A. WYATT personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. ~IIII'III"'11I1I1I11I11II1 f' JACQUEUNE W. ALDRIDGE ~ cOMM. t1252658 i I\ ¡- NOTÞ.RY pUl UC·CALlFORNIA 1/1 ( .. SAN ÐIEGO COUNTY ~ :I " . lAY COUIAISSION EXPIRES - . FEBRUARY 6, 2004 Lilli 11111111111 II 11111111111111111111'''\ OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this fonn. DESCRIPTION OF ATTACHED DOCUMENT: Type of Document: , Number of Pages: Date of Document: San Miguel Ranch Planning Area "E-l" Final Map Supplemental subdivision Improvement Agreement 12 None Signers Other Than Named Above: City ofChula Vista, Mayor, City Clerk & City Attorney ALL-PURPOSE ACKNOWLEDGMENT 4- 3'1- RESOLUTION NO. 2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VI STA APPROVING THE GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT FOR SAN MIGUEL RANCH NEIGHBORHOOD "E-l" , ESTABLISHING SPECIFIC OBLIGATIONS AND RESPONSIBILITIES FOR MAINTENANCE OF PRIVATE LANDSCAPING WITHIN PUBLIC RIGHT-OF-WAY AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the grant of easements and maintenance agreement sets forth the master developer's obligation to maintain landscaping in the public right of way; and WHEREAS, the obligation will be assigned to the master homeowner's association (MHOA) after the landscaping has been established and turned over to the MHOA to maintain; and WHEREAS, the "A" map for the project, approved by Council August 7, 2002, contained a similar agreement for backbone streets and further agreements will be brought before Council with each subsequent maps for MHOA maintained public property within the subdivision boundary. WHEREAS, staff believes that guarantee the maintenance of improvements and recommends Council the proposed agreement will the aforementioned private approval. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the grant of easements and maintenance agreement for San Miguel Ranch Neighborhood "E-l", establishing specific obligations and responsibilities for maintenance of private landscaping within public right-of- way, a copy 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 ~:~ City Attorney John P. Lippitt Director of Public Works J:\Attorney\Reso\HOA SMR Neighborhood E-l 4-36 THE A TT ACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY A TTORNEY'S OFFICE AND WILL BE FORMALL Y SIGNED UPON APPROVAL BY THE CITY COUNCIL ~~ß1Jo~~~ City Attorney Dated: j; ... 15'"- 0 2- Grant of Easements and Maintenance Agreement for San Miguel Ranch Neighborhood "E-l" 4-3tf; , ~ RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 No transfer tax is due as this is a conveyance to a public agency for less than a fee interest for which no cash consideration has been paid or received. (ABOVE SPACE FOR RECORDERS USE) GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT CHULA VISTA TRACT NO. 99-04 SAN MIGUEL RANCH, SAN MIGUEL RANCH PLANNING AREA "E-l" Map No (DEDICATED EASEMENTS) This GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT ("Agreement") is made as of , 2002, by and between the CITY OF CHULA VISTA, a municipal corporation ("City"), and NNP-TRIMARK SAN MIGUEL RANCH, LLC, a Delaware limited liability company ("NNP"). RECITALS A. This Agreement concerns and affects certain improvements with portions of the real property located in Chula Vista, California, more particularly described in Exhibit" A" attached hereto and incorporated herein ("Property"). The Property is part of a planned residential development project commonly known as "San Miguel Ranch", Chula Vista Tract No. 99-04, being the subject of the City Council Resolution No. 2001-261 (the "City Resolution"). For purposes of this Agreement, the tenn "Project" shall refer to the overall San Miguel Ranch project, including, but not limited to the "Property." B. NNP is the Declarant under that certain Master Declaration of Restrictions For San Miguel Ranch Master Association filed or to be filed for record in the Official Records of San Diego County, California (the "Master Declaration"). The Master Declaration provides for SAN MIGUEL T:WH\Trimark\SM\CityAgree\EasMain(City)AreaE-l-l March02.wpd -1- L/--3'7 RANCH MASTER ASSOCIA nON, a California Nonprofit Mutual Benefit Corporation ("MHOA") to maintain certain areas in the Project. Furthermore, one or more sub-associations may be formed ("SHOA") for a particular project(s) within San Miguel Ranch, the purposes of which would include the maintenance of certain amenities within the project over which the SHOA has jurisdiction. C. The Property is or will become covered by the final maps (the "Final Maps") described on Exhibit" A" attached hereto and referenced in the title to this Agreement. D. In order for NNP to obtain the Final Maps and for the City to have assurance that the maintenance of certain areas within the Project would be provided for, the City and NNP entered into a Supplemental Subdivision Improvement Agreement pursuant to the City Resolution, in which NNP agreed that maintenance of such areas shall be accomplished by the creation of a home owners association. The Parcels shown on Exhibit "B" attached hereto describe those particular areas which were dedicated to the public on one or more of the Final Maps but which include landscaping and drainage improvements to be maintained by the MHOA. The public areas to be maintained by the MHOA are collectively referred to as the "MHOA Maintained Public Areas." E. The City desires to grant to NNP easements for landscape maintenance purposes upon, over and across the MHOA Maintained Public Areas as shown on Exhibit "B," in order to facilitate the obligations ofNNP as set forth in Supplemental Subdivision Improvement Agreements, adopted pursuant to the City Resolution. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as set forth below. 1. Grant of Easements, The City hereby grants to NNP and its agents, successors and assigns, the following easements over the MHOA Maintained Public Areas: Non-exclusive easements and rights-of-way over and across all Parcels described on Exhibit" A" for the purpose of maintaining, repairing and replacing the following: the landscaping within portions of parkways in Plaza Los Osos, Circulo Coronado, Corte Calypso and A venida Mara as shown and described on Exhibit "B" attached hereto; These grants are made without any warranties of any kind, express or implied, other than the warranty stated in Paragraph 13(0 below. 2. Maintenance Responsibilities. (a) NNP to Initially Maintain, NNP hereby covenants and agrees, at its sole cost and expense, to maintain, repair and replace, or cause to be maintained, repaired or replaced, those improvements within the MHOA Maintained Public Areas which are described on Exhibit "C" attached hereto, at a level equal to or better than the level of maintenance set forth in the Section of the Master Declaration entitled "Level of Landscape Maintenance". Forpurposes T:\AJH\Trimark\SM\CityAgree\EasMain(City)AreaE-I-1March02.wpd -2- 4-315 of this Agreement, the tenn "Maintenance" or "Maintain" shall mean the maintenance, repair and replacement obligations described herein and on Exhibit "C" hereto and shall also include repair and replacement at no cost to the City of any City owned property that is damaged during perfonnance of the maintenance responsibilities pursuant to this Agreement. Exhibit "C" also refers to the maintenance responsibilities of City. (b) Transfer to MHOA. Upon NNP's transfer of maintenance obligations to the MHOA, (i) the MHOA shall become obligated to perfonn the obligations so transferred, and (ii) subject to the City determining that the requirements of Paragraph 3 below have been satisfied, NNP shall be released from such obligation. Transfer of maintenance obligations to the MHOA may be phased (that is, there may be multiple transfers). (c) Transfer By MHOA. The MHOA shall have the right to transfer Maintenance obligations to a sub-association ("SHOA") or to the owner of an apartment project ("Transferee"). Upon the MHOA's transfer of Maintenance obligations to a Transferee, (i) the Transferee shall become obligated to perfonn the obligations so transferred, (ii) the MHOA shall retain the right to perfonn the Maintenance should the Transferee fail to do so, and (iii) the MHOA shall be released from the obligations so transferred subject to the City determining that the requirements of Paragraph 4 below have been satisfied. Although it is possible that Maintenance obligations might be transferred to an apartment owner, NNP does not believe it is likely that Maintenance obligations will be transferred to an apartment owner. 3. Assimment bv NNP and Release of NNP (a) Assignment. UponNNP's transfer of the Maintenance obligations to the MHOA, it is intended by the parties that the MHOA shall perfonn the Maintenance obligations either itself or by contractors. Such transfer will release NNP from its obligations only if all of the following occur: (i) MHOA AcceDts Obligation. TheMHOA has unconditionally accepted and assumed all ofNNP's obligations under this Agreement in writing, such assignment provides that the burden of this Agreement remains a covenant running with the land, and the assignee expressly assumes the obligations ofNNP under this Agreement. The assignment shall also have been approved by the appropriate governing body of the MHOA by resolution or similar procedural method and approved as to fonn and content by the City Attorney. The City shall not unreasonably withhold its consent to such assignment. (ii) MHOA's Master Declaration. The City has reviewed and approved the MHOA's recorded Master Declaration to confinn that said document contains appropriate maintenance, indemnity and insurance provisions. The City hereby acknowledges that it has so approved the Master Declaration. This condition "(ii)" T:\AJH\Trimark\SM\CityAgree\EasMain(City)AreaE-I-IMarch02. wpd -3- Lf - 3(:) will apply to any further amendments which require City's consent pursuant to provisions of the Master Declaration or which would be contrary to the tenus of this Agreement. (iii) MHOA Insurance. The MHOA procures and fonually resolves to maintain at its sole cost and expense, commencing no later than the City's release of all ofNNP's landscape maintenance bonds, a policy of public liability insurance which at least meets the requirements of Section 5.1 (a) of the Master Declaration which reads as follows: "(a) General Liability Insurance. The Master Association shall obtain a comprehensive general liability and property damage insurance policy insuring the Master Association and the Owners against liability incident to ownership or use of the Master Association Property. The limits of such insurance shall not be less than $3 Million covering all claims for death, personal injury and property damage arising out of a single occurrence. The insurer issuing such insurance shall have rating by A.M. Best of" A, Class V" or better with no modified occurrences and as admitted by Best's Insurance Guide. Such insurance shall include the following additional provisions provided they are available on a commercially reasonable basis: (i) The City of Chula Vista shall be named as an additionally insured party to such insurance pursuant to the City's requirements the Master Association do so; (ii) The policy shall not contain a cross- suit exclusion clause which would abrogate coverage should litigation ensue between insureds; (iii) The policy shall contain the following severability clause (or language which is substantially the same): "The coverage shall apply separately to each insured except with respect to the limits of liability'." The MHOA shall provide the City with a Certificate of Insurance upon acceptance of the transfer of the Maintenance obligations herein. T:WH\Trimark\SM\CityAgree\EasMain(City)AreaE-l-IMarch02. wpd -4- '-+- If 0 (b) Release. When all conditions precedent in Paragraph 3(a) are fulfilled, NNP shall be released from its obligations under this Agreement, including its security and insurance requirements. NNP acknowledges that it has a contractual obligation to perform the terms and conditions of this Agreement until and unless released by the City from this Agreement. At least sixty (60) days prior to such transfer, NNP shall give a notice to the City of NNP's intent to transfer its Maintenance obligations herein and provide the City with the appropriate documents listed in Paragraph 3{a). 4. AssÎlmment bv MHOA and Release of MHOA. (a) Assignment. Upon MHOA's transfer of the Maintenance obligations to a Transferee, it is intended by the parties that the Transferee shall perform the Maintenance obligations either itself or by contractors. Such transfer will release the MHOA from its obligations only if all of the following occur: (i) Transferee Accepts Obligation. The Transferee has unconditionally accepted and assumed all of the MHOA's obligations under this Agreement in writing, such assignment provides that the burden of this Agreement remains a covenant running with the land, and the assignee expressly assumes the obligations of the MHOA under this Agreement. If the Transferee is an SHOA, the assignment shall also have been approved by the appropriate governing body of the SHOA by resolution or similar procedural method and approved as to form and content by the City Attorney. The City shall not unreasonably withhold its consent to such assignment. (ii) SHONs Declaration of Restrictions. If the Transferee is an SHOA, the City has reviewed and approved the SHOA's recorded Declaration of Restrictions to confirm that said document contains appropriate maintenance and insurance provisions. (iii) SHOA Insurance. The Transferee procures and formally resolves to Maintain at its sole cost and expense, a policy of public liability insurance which meets the requirements set forth in Paragraph 3 (a) (iii) above. The SHOA shall provide the City with a Certificate of Insurance upon acceptance of the transfer of the Maintenance obligations herein. (b) Release. When all conditions precedent in Paragraph 4(a) are fulfilled, the MHOA shall be released from its obligations underthis Agreement, including its security and insurance requirements. At least sixty (60) days priorto such transfer, MHOA shall give notice to the City of MHOA's intent to transfer its Maintenance obligations herein and provide the City with the appropriate documents listed in Paragraph 4{a). T:\AJH\Trimark~M\CityAgree\EasMain(City)AreaE.l_l March02.wpd -5- 4 - 4-1 5. NNP's Insurance. Until such time as the MHOA has obtained the general liability insurance required by Section 5.1 (a) of the Master Declaration, NNP hereby agrees to procure and maintain a policy of comprehensive general liability insurance written on a per occurrence basis in an amount not less than One Million Dollars ($1,000,000) combined single limit, at its sole cost and expense. 6. Indemnitv. NNP hereby indemnifies the City as set forth in Section 6.3 of the Master Declaration, which reads as follows: "6.3 Indemnity. The Declarant and Master Association, respectively, shall indemnify and hold the City, its officers, agents and employees harmless from any liability, cost or expense, including reasonably incurred attomeys'fees, which result from the Declarant's or the Master Association's respecti ve failure to comply with the requirements of the Section above entitled "Continuing Obligation To Maintain Certain Public Areas". Neither the Declarant nor the Master Association shall have any liability under this Section by reason of (i) the other party's failure to maintain or (ii) any Transferee's failure to maintain. It is specifically intended that the City shall have the right to enforce this Section. This Section may not be amended without the written consent of the City Planning Director or City Attorney." 7. Indemnity If Transferee. The document whereby the MHOA transfers a Maintenance obligation to an SHOA or apartment owner shall be signed by both the MHOA and the Transferee and shall set forth an express assumption of Maintenance and other obligations hereunder and shall include the following indemnification provision: Indemnity. The [Transferee's name] shall indemnify and hold the City, its officers, agents and employees, harmless from any liability, cost or expense, including reasonably incurred attorneys 'fees, which result from the Transferee's failure to comply with the requirements of the obligations transferred hereby to Transferee. Transferee shall not have any liability under this Indemnity by reason of another party's failure to maintain. It is specifically intended that the City shall have the right to enforce this Indemnity. This Indemnity may not be amended without the written consent of the City Planning Director or City Attorney. 8. Al!reement ADDlicable to SubseQuent Owners. (a) Agreement Binding Upon Any Successive Parties. This Agreement shall be binding upon NNP and any successive Declarant under the Master Declaration. This Agreement shall be binding upon MHOA and any Transferees upon transfer of maintenance T:\AJH\Trimark\SM\CityAgree\EasMain(City)AreaE+I-IMarch02.wpd -6- Lf- - Lj;;;., obligations to the MHOA or Transferee, respecti vely. This Agreement shall inure to the benefit of the successors, assigns and interests of the parties as to any or all of the Property. (b) Agreement Runs With the Land. The burden of the covenants contained in this Agreement ("Burden") is for the benefit of the Property and the City, its successors and assigns, and any successor-in-interest thereto. The City is deemed the beneficiary of such covenants for and in its own right and for the purposes of protecting the interest of the community and other parties, public or private, in whose favor and for whose benefit such covenants running with the land have been provided, without regard to whether the City has been, remained or are owners of any particular land or interest therein. If such covenants are breached, the City shall have the right to exercise all rights and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach to which it or any other beneficiaries of this Agreement and the covenants may be entitled. 9. Governinl!' Law. This Agreement shall be governed and construed in accordance with the laws of the State of California. 10. Effective Date. The terms and conditions of this Agreement shall be effective as of the date this Agreement is recorded in the Official Records of the San Diego County Recorder's Office. 11. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be original and all of which shall constitute one and the same document. 12. Recordin~. The parties shall cause this Agreementto be recorded in the Official Records of the San Diego County Recorder's Office within thirty (3D) days after this Agreement has been approved by the City Council. 13. Miscellaneous Provisions, (a) Notices. Unless otherwise provided in this Agreement or by law, any and all notices required or permitted by this Agreement or by law to be served on or delivered to either party shall be in writing and shall be deemed duly served, delivered and received when personally delivered to the party to whom it is directed or, in lieu thereof, when three (3) business days have elapsed following deposit in the United States mail, certified orregistered mail, return receipt requested, first-class postage prepaid, addressed to the address indicated in this Agreement. A party may change such address for the purpose of this Paragraph by giving written notice of such change to the other party. T:WH\Trimark\SM\CityAgree\EasMain(City)AreaE_i_lMarch02. wpd -7- 4- - 43 If To City: CITY OF CHULA VISTA Department of Public W orksÆngineering Di vision 276 Fourth Avenue Chula Vista, CA 91910 Attn: City Engineer IfToNNP: NNP- TRIMARK SAN MIGUEL RANCH, LLC The San Miguel Ranch Company 85 Argonaut, Suite 205 Aliso Viejo, CA 92656 Attn: Mr. Stephen E. Hester (b) Captions. Captions in this Agreement are inserted for convenience of reference and do not define, describe or limit the scope or intent of this Agreement or any of its terms. (c) Entire Agreement. This Agreement, together with any other written document referred to herein, embody the entire agreement and understanding between the parties regarding the subject matter hereof, and any and all prior or contemporaneous oral or written representations, agreements, understandings and/or statements shall be of no force and effect. This Agreement is not intended to supersede or amend any other agreement between the parties unless expressly noted. (d) Recitals; Exhibits. Any recitals set forth above and any attached exhibits are incorporated by reference into this Agreement. (e) Compliance With Laws, In the performance of its obligations under this Agreement, NNP, its agents and employees, shall comply with any and all applicable federal, state and local rules, regulations, ordinances, policies, permits and approvals. (f) Authority of Signatories. Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions and/or other actions have been taken so as to enable said signatory to enter into this Agreement. (g) Modification. This Agreement may not be modified, terminated or rescinded, in whole orin part, except by written instrument duly executed and acknowledged by the parties hereto, their successors or assigns, and duly recorded in the Official Records of the San Diego County Recorder's Office. T;\AJIDTrimark\SM\CityAgree\EasMain(City)AreaE_i_i March02.wpd -8- '-I - 4- 'f (h) Severability. If any tenn, covenant or condition of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such tenn, covenant or condition to person or circumstance, shall not be affected thereby and each tenn, covenant or condition shall be valid and be enforced to the fullest extent pennitted by law. (i) Preparation of Agreement. No inference, assumption or presumption shall be drawn from the fact that a party or its attorney prepared andlor drafted this Agreement. It shall be conclusively presumed that both parties participated equally in the preparation andlor drafting of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first set forth above. CITY OF ClIULA VISTA, a municipal corporation By: Mayor Attest: Susan Bigelow, City Clerk APPROVED AS TO FORM: By: City Attorney NNP- TRIMARK SAN MIGUEL RANCH, LLC, a Delaware limited liability company By Its ROBERT B. MoIEOO PREsIDENT By Its T:\AJH\Trimark\SM\CjtyAgree\EasMajn(Cjty)AreaE_l~ I March02. wpd -9- 4- - 4-5 " STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) On 3/10)DV ,2~beforeme,:-Jtv\.V\. Notary Public in and for said State, personally appeared t vV~cL/ ..-- , personally known to me (~ fJwvlOJ tv ¡>Ie; 8H tR@ basis sf satiSfð.d<'nJ e;'¡iooHBe) to be the person~ whose name,W1s/~ubscribed to the within instrument and acknowledged to me that helEli@,(tR@}' executed the same in hislh¡:r!tl:1@Ïf authorized capacit~ and that by hislhc,/lld¡ signatureMon the instrument, the perso~ or the entity upon behalf of which the person,¢'acted, executed the instrument. WITNESS my hand and official seal. - - - - :!~: - - - -I ___,"'WMD I~ OoM~' , 11217758 j~ NaIMy NIle· c.IIorrU _ _ _ ~:,",,~~30.:~1 (Seal) S· Qv\'kvl J ~; 1\ A . ¡gnature . VV 11/'- STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) On J,J-U(w Jv , 2002, before me, W-l- GÆIJ 1.'1A-AJ Notary Public in and for said State, personally appeared Robllrl B. ...1-0 personally known to me (or~pfØ¥€\d--tQ..m" on th" ho~is of satisfo"tory "virl"nce) to be the person~ whose name~) is/~ subscribed to the within instrument and acknowledged to me that he/sReltRey executed the same in hislhef/tkiJ authorized capacity{i~), and that by hislherltheir signature~) on the instrument, the person{~), or the entity upon behalf of which the person{~ acted, executed the instrument. Signature o~=g~~=======:~~=o I LIZ GROMAN I i COMM..,aa7l' ~ NOrARY PUIIlJC.CAI.FOIINtA SAN DIEGOCOIMIY I My COrmt. Eop. A 1112UIDI I WITNESS my hand and official seal. (Seal) T:\AJH\Trimark\SM\CityAgree\EasMain(City)AreaE_I_IMarch02.wpd -10- 4- Lf0 EXHIBIT" A" Lel!al DescriDtion T:\AJIDTnmark\sM\CityAgree\EasMain(City)AreaE_I_IMarch02. wpd 4-47 EXHIBIT "A" LEGAL DESCRIPTION PARCEL A-1: PORTIONS OF PLAZA LOS OSOS AS DEDICATED TO PUBLIC USE ON CHULA VISTA TRACT NO. 99-04, SAN MIGUEL RANCH PLANNING AREA "E-1", ACCORDING TO MAP THEREOF NO. FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON ,200 BEING A SUBDIVISION OF LOT 14 OF CHULA VISTA TRACT NO. 99-04, SAN MIGUEL RANCH PHASES 1,2, & 4 "A" MAP NO.1, ACCORDING TO MAP THEREOF NO. 14261 FILED IN SAID OFFICE OF THE COUNTY RECORDER ON AUGUST 21,2001, ALL IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. PARCEL A-2: PORTIONS OF CIRCULO CORONADO AS DEDICATED TO PUBLIC USE ON CHULA VISTA TRACT NO. 99-04, SAN MIGUEL RANCH PLANNING AREA "E-1", ACCORDING TO MAP THEREOF NO. FILED IN SAID OFFICE OF THE COUNTY RECORDER ON _,200_ BEING A SUBDIVISION OF SAID LOT 14 OF MAP NO. 14261. PARCEL A-3: PORTIONS OF CORTE CALYPSO AS DEDICATED TO PUBLIC USE ON CHULA VISTA TRACT NO. 99-04, SAN MIGUEL RANCH PLANNING AREA "E-1", ACCORDING TO MAP THEREOF NO. FILED IN SAID OFFICE OF THE COUNTY RECORDER ON _,200_ BEING A SUBDIVISION OF SAID LOT 14 OF MAP NO. 14261. PARCEL A-4: PORTIONS OF AVENIDA MARA AS DEDICATED TO PUBLIC USE ON CHULA VISTA TRACT NO. 99-04, SAN MIGUEL RANCH PLANNING AREA "E-1", ACCORDING TO MAP THEREOF NO. FILED IN SAID OFFICE OF THE COUNTY RECORDER ON ,200_ BEING A SUBDIVISION OF SAID LOT 14 OF MAP NO. 14261. PAGE 1 OF 1 :ov M:\2091\010\Legal OescriptionslA01 ESMT & LlC AGREE E-1.doc WO 2091-0010 218/02 4- -t./? EXHIBIT "B" Plats Showing Public Areas To Be Privately Maintained T:\AJH\Trimark\SM\CityAgree\EasMain(City)AreaE_i_ J March02.wpd 4- - Lfq 201 L/2 ÔMfJ'¡ fl/Øf ~/./ .// / ~/ /' / :/:/ I , I( l! I' i \\ \\ ¡i , "i" o I 0'\ 0'\ ii " i! c5 ~ ~- uµ.. t:: 22 ;:; ~ r-< r-< ~~ -< I:iI ~~ ~ ;> r/.) ~ U ... ... II 1\ \\ " \\ \\ " i! \1 " II \\ " II I' 1\ I' , " 1\ I: II \ \, ~ '-¡ e- O ..J ;0;::::-'''-'':: ,,/ \' )f ...--;' ::;;';;:>' '" e- O ..J ¡ 3\ ¡ 3\s+!'1!Yx" ..J +U!'OrJ ^+!J\s+!'1IYX"\ , ..J 6¡'20\:~ If) e- O ..J if> "" c:::E-< o, § ",,:$ ~ i ~¡s: Ii ~~: '0' 5:0 < . t .iil SCALC: ,. -200' I --.1 ll- - e- O ..J ~ p e- O ..J , ! íí # /'.i ' /1 / ¡Y// - ;;- ,/ lU hf ,ß b /./, ¡;f/' ..J ,- ;;/ I. h/' EXHIBIT "C" Maintenance ResDonsibilities City of Chula Vista Area HOA Maintenance Maintenance Parkways shown on Exhibit Landscaping in parkways Maintenance of curb, gutter, "B" including irrigation, trimming sidewalks and pavement. and pruning of trees, and maintenance and irrigation of turf areas. T:\AJH\Trimark\SM\CityAgreelliasMain(City)AreaE_I_l March02. wpd IJ- 51 COUNCIL AGENDA STATEMENT Item ~ Meeting Date: 5/28/02 ITEM TITLE: A) Resolution Approving the Final Maps of Chula Vista Tract No. 01-09, Eastlake III Vistas Phase 2 and Eastlake III Woods Neighborhoods WR-1 and WR-3; accepting on behalf of the public the various public streets and accepting on behalf of the City of Chula Vista the various easements, all as granted on said maps within said subdivisions; acknowledging on behalf of the City of Chula Vista the Irrevocable Offer of Dedication for open space lots granted within said subdivisions, acknowledging on behalf of the City of Chula Vista the Irrevocable Offer of Dedication for public park purposes granted within the Vistas Phase 2 Final Map; approving the Subdivision Improvement Agreement for the completion of improvements required by said Subdivisions, and authorizing the Mayor to execute said Agreements. B) Resolution Approving a Supplemental Subdivision Improvement Agreement for Chula Vista Tract No. 01-09, Eastlake III Vistas Phase 2 requiring Eastlake Company, LLC to comply with certain unfulfilled conditions of Resolution No. 2001-269, and authorizing the Mayor to execute said Agreement. C) Resolution Approving a Supplemental Subdivision Improvement Agreement for Chula Vista Tract No. 01-09, Eastlake III Woods Neighborhoods WR-1 and WR-3 requiring Eastlake Company, LLC to comply with certain unfulfilled conditions of Resolution No. 2001-269, and authorizing the Mayor to execute said Agreement. SUBMITTED BY: Director of Public Works ~ ~/ REVIEVOgD BY: City Manager ~ 0~ (4/$ths Vote: Yes No X ) On August 14, 200 I, by Resolution 2001-269, City Council approved the Tentative Subdivision Map for Chula Vista Tract No. 01-09, Eastlake II1 Woods and Vistas. The Final Maps for Vistas Phase 2 and Woods Neighborhoods WR-1 & WR-3 and the associated Subdivision Improvement Agreements and Supplemental Subdivision Improvement Agreements are now before Council for consideration and approval. RECOMMENDATION: That Council adopt the resolutions approving: (A) the Final Maps and Subdivision Improvement Agreements, (B) the Supplemental Subdivision Improvement Agreement for Eastlake III Vistas Phase 2, and (C) the Supplemental Subdivision Improvement Agreement for Eastlake III Woods Neighborhoods WR-1 and WR-3, and authorizing the Mayor to execute said Agreements. Page 2, Item ~ Meeting Date: 5/28/02 BOARD/COMMISSIONS RECOMMENDATIONS: Not Applicable DISCUSSION: Final Map and Associated Improvement Agreements Eastlake III Vistas Phase 2 is generally located west of Lower Otay Lakes Reservoir, South of Otay Lakes Road and north of Olympic Parkway (see Exhibit 1). Eastlake III Woods Neighborhoods WR-1 & WR-3 is generally located west of Upper Otay Lakes Reservoir, north of Otay Lakes Road and south of Proctor Valley Road (see Exhibit 2). The final map consists of the following: Number of Number of Lots for Open Final Map Residential Space, Public Public Parks Total Acreage Lots Utilities/Public Uses Vistas Phase 2 455 1 23 1 (12.86 acres) 206.224 acres Woods 141 8 N/A 140.76 acres WR-1 & WR-3 l) Lots 725,726, and 727 are multifamily lots VR-10, VR-9, and VR-11 targeted for 116, 73, and 123 dwelling units respectively. A plat for the Vistas Phase 2 is shown in Exhibit 3. A plat for the Woods Neighborhoods WR-1 & WR-3 is shown in Exhibit 4. The final map for the subdivisions have been reviewed by thc Department of Public Works and Department of Planning & ]~uilding and have been found in substantial conformance with thc approved Tentative Map. All the applicable fees have bccn already paid by thc developer. Approval of the maps constitutes acceptance by the City of all drainage and access, sewer, public access, sight visibility, public access, landscape buffer and equestrian access, landscape buffer, and assignable and irrevocable general utility and access easements within thc subdivision. Approval of the final map also constitutes acceptance, on behalf of thc public, of the following streets: FINAL MAP DEDICATED STREETS Blue Sage Way, Echo Ridge Terrace, Echo Ridge Way, Echo Ridge Place, Echo Ridge Court, Lake Crest Drive, Lake Crest Terrace, Lake Crest Place, Lake Crest Court, Shadow Ridge Way, Rambling Vista Vistas Phase 2 Road, Long View Drive, Red Rock Canyon Road, Marble Canyon Way, Yellowstone Avenue, l~lackstone Avenue, Horn Canyon Avenue, Agate Creek Way, Canoe Creek Way, Nettle Creek Way, Nettle Creek Court, Lytton Creek Court, and Olympic Vista Road. Blue Ridge Drive, Blue Ridge Court, Northwoods Drive, Northwoods Woods Neighborhoods WR- 1 Way, Woods Drive, Alder Grove Way, Aspen Glen Court, Aspen Glen & WR-3 Road, and Adirondack Place Page 3, Item ,~ Meeting Date: 5/28/02 Since the open space lots "N" through "Z", and "AA" through "JJ" within the Vista Phase 2 (except "HH" which is being acknowledged by the City of Chula Vista for public park purposes) will be maintained by the Eastlake III Homeowners' Association, the City is only acknowledging the offer of dedication of said lots on the Final Map. The same holds true for lots "A" thru "G", & "W" within the Woods Neighborhoods WR-1 and WR-3. Approval of the maps, therefore, does not constitute acceptance of the Open Space Lots. However, Section 7050 of the Government Code of the State of California provides that an offer of dedication shall remain open and subject to future acceptance by the City. The Environmental Review Coordinator has rex4ewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the proposed project was adequately covered in previously adopted Environmental Impact Report EIR-01-01. Thus, no further environmental review or documentation is necessary. The developer has already executed the following agreements: · Supplemental Subdivision Improvement Agreement for Vistas Phase 2 encumbering only the land covered by the subject map in order to satisfy conditions of approval Nos. 1, 2, 5, 6, 11, 12, 18,24,33,41,68,71,76,98,99, 100, 101,104, 105, 106, 107, 108, 109, 110, 112, 117, 118, 137, 159, 160, 161,162, 165, 166, 167, 168, 169, 170, 171,172, 175, 176, 177 ofthe Eastlake III Tentative Map. · Subdivision Improvement Agreements for Vistas Phase 2 and has provided bonds to guarantee construction of the required improvements and to guarantee the subdivision monumentation. · Supplemental Subdivision Improvement Agreement for Woods Neighborhoods WP,-1 and WR-3 encumbering only the land covered by the subject map in order to satisfy conditions of approval Nos. 1, 2, 5, 6, 10, 11, 12, 18, 24, 41, 68, 70, 71, 76, 98, 99, 100, 101,104, 105, 106, 107, 108, 109, 110, 112, 117, 118, 137, 159, 160, 161,162, 165, 166, 167, 168, 169, 170, 171,172, 175, 176, 177 of the Eastlake III Tentative Map. · Subdivision Improvement Agreements for Woods Neighborhoods WR- 1 and WR-3 and has provided bonds to guarantee construction of the required improvements and to guarantee the subdivision monumentation. The agreements have been reviewed by staff and are ready for Council approval. The City Attorney has already approved the agreements as to form. FISCAL IMPACT: None to the General Fund. All staffcosts associated with processing of the improvement plans, final maps and associated agreements will be reimbursed from the developer's deposits. Page 4, Item ,~ Meeting Date: 5/28/02 Attachment: Exhibit 1: Location of Vistas Phase 2 Exhibit 2: Location of Woods Neighborhoods 1 & 3 Exhibit 3: Plat- Vistas Phase 2 Final Map Exhibit 4: Plat- Woods Neighborhoods 1 &3 Final Map Exhibit 5: Developer's Disclosure Statement- Vistas Phase 2 Exhibit 6: Developer's Disclosure Statement - Woods Neighborhoods 1 & 3 J:\Engineer\LANDDEVXEastlake III\CASFMMay28.doc EXHIBIT 1 V¢~-1 qeservoir - · - VR-I' ! ~ VISTAS PHASE 2 ~ Lower Otay Reservoir WR-2 Upper Otay WR-4 ~eservoir .... . ." VR-1 VR-2 VR-8 ~ Lower Otay VR-3 Reservoir VR.-4 VR-11 C-2 EXHIBIT 3 ~CALF-. 1'=600' UNSUR VEYED REmAiNDER P~RDEL PMJ g2I J UNsURVEYED ~ NDER FARDEL~ APRIL z~,zooz PARC[L ] ~~ ~ST~E III VISTAS ~~ PHASE 2 ~~ ' 5~ ~ c~ OF C.U~V~, ~ NO. 01-09 EASTLAK£ III -- WOODS NEIGHBORHOOD WR-1 AND WR-$ EastLake III Vistas Phase II_EXHIBIT5 Appendix B THE CITY OF CHULA VISTA DISCLOSURE STATEMENT You are required to file a Statement of Disclosure of certain ownership or financial interests, payments, or campaign contributions, on all matters which will require discretionary action on the part of the City Council, Planning Commission, and all other official bodies. The following information must be disclosed: 1. List the names of all persons having financial interest in the property which is the subject of the application or the contract, e.g., owner applicant, contractor, subcontractor, material supplier. The EastLake Company, LLC - 2. If any person* identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. - Boswell Properties, Inc. The=Tulago Company 3. If any person* identified pursuant to (1) above is non-profit organization or a trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. N/A 4. Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions, Committees, and Council within the past twelve months? Yes No X - If yes, please indicate person(s): 5. Please identify each and every person, including any agents, employees, consultants, or independent contractors who you have assigned to represent you before the City in this matter. Curt Smith, The EastLake Company, T.T.C Bill Ostrem, The EastLake Company, LLC John Goddard, Rick Engineering Company 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Councilmember in the current or preceding election pedod? Yes No Z If yes, state which Councilmember(s): 'S~gnature of contractor/applicant Curt Smith Pdnt or type name of contractor/applicant EastLake III Woods WR-l & WR-3 Appendix B THE CITY OF CHULA VISTA DISCLOSURE STATEMENT EXHIBIT 6 You are required to file a Statement of Disclosure of certain ownership or financial interests, payments, or campaign contributions, on all matters which will require discretionary action on the part of the City Council, Planning Commission, and all other official bodies. The following infonmation must be disclosed: 1. List the names of all persons having financial interest in the property which is the subject of the application or the contract, e.g., owner applicant, contractor, subcontractor, material supplier. The Eas tLake Company, LLC _- 2. If any person" identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. Boswell Properties, Inc. The Tulago Company 3. If any person* identified pursuant to (1) above is non-profit organization or a trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. N/A 4. Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions, Committees, and Council within the past twelve months? Yes No --X- If yes, please indicate person(s): 5. Please identify each and every person, including any agents, employees, consultants, or independent contractors who you have assigned to represent you before the City in this matter. Curt Smith, The Eas tLake Company, LLC Bill Ostrem. The EastLake GOIl!Pany, LLG Randv Safino, SB&O, Inc. 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Councilmember in the current or preceding election period? Yes _ No ~ If yes, state which Councilmember(s): (NOTE: ATTACH ADDITIONAL PAGES AS Date: ~/~h2- I Curt Smith Print or type name of contractor/applicant * P",..",,.,,,,;.. An.{;n..À ~r_ .. A~. ;_,./.....-,.1.._1 .f':____ .. .. .. RESOLUTION NO. 2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL MAPS OF CHULA VISTA TRACT NO. 01-09, EASTLAKE III VISTAS PHASE 2 AND EASTLAKE III WOODS NEIGHBORHOODS WR-1 & WR-3; ACCEPTING ON BEHALF OF PUBLIC THE VARIOUS PUBLIC STREETS AND ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE VARIOUS EASEMENTS, ALL AS GRANTED ON SAID MAPS WITHIN SAID SUBDIVISIONS; ACKNOWLEDGING ON BEHALF OF THE CITY OF CHULA VISTA ALL IRREVOCABLE OFFERS OF DEDICATION FOR OPEN SPACE LOTS GRANTED ON SAID MAPS WITHIN SAID SUBDIVISIONS; ACKNOWLEDING ON BEHALF OF THE CITY OF CHULA VISTA THE IRREVOCABLE OFFER OF DEDICATION FOR PUBLIC PARK PURPOSES GRANTED WITHIN THE VISTAS PHASE 2 FINAL MAP; APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENTS FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISIONS AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby finds that certain map survey entitled Chula Vista Tract No. 01-09, EastLake III Vistas, Phase 2 and more particularly described as follows: Portion of remainder parcel of parcel map number 18211, in the City of Chula Vista, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County, February 26, 1999 as file number 1999-0121253 of official records being that portion of Rancho Janal, according to the map thereof number 989 on file in the office of the San Diego County Recorder, in the City of Chula Vista, Area: 206.224 Acres Numbered Lots: 455 Open Space Lots: 49.523 No. of Lots: 478 Lettered Lots: 23 Acres is made in the manner and form prescribed by law and conforms to the surrounding surveys; and that said map and subdivision of land shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista hereby accepts on behalf of the public the public streets, to-wit: Blue Sage Way, Echo Ridge Terrace, Echo Ridge Way, Echo Ridge Place, Echo Ridge Court, Lake Crest Drive, Lake Crest Terrace, Lake Crest Court, Shadow Ridge Way, Rambling Vista Road, Long View Drive, Red Rock Canyon Road, Marble Canyon Way, Yellowstone Avenue, Blackstone Avenue, Horn Canyon Avenue, Agate Creek Way, Canoe Creek Way, Nettle Creek Way, 1 5'-/1 Nettle Creek Court, Lytton Creek Court, and Olympic Vista Road, and said streets are hereby declared to be public streets and dedicated to the public use all as shown on Vistas Phase 2 map within said subdivision. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista hereby accepts on behalf of the City of Chula Vista the sewer and drainage, sight distance, landscape buffer and public access, pedestrian access, assignable and irrevocable general utility and access, and tree planting and maintenance easements, all as shown on Vistas Phase 2 map within said subdivision. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista hereby acknowledges on behalf of the City of Chula Vista the Irrevocable Offer of Dedication of Fee Interest of Lots N through Z and AA through JJ (except HH) for open space and other public purposes all as shown on Vistas Phase 1 map within said subdivision. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista hereby acknowledges on behalf of the City of Chula Vista the Irrevocable Offer of Dedication of Fee Interest of Lot HH for public park purposes all as shown on Vistas Phase 2 map within said subdivision. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista be, and is hereby authorized and directed to endorse upon said maps the action of said Council; that said Council has approved said subdivision maps, and that said public streets are accepted on behalf of the public as therefore stated and that the Irrevocable Offer of Dedication of the fee interest of said lots be acknowledged, and that those certain easements as granted on said maps within said subdivisions are accepted on behalf of the City of Chula Vista as herein above stated, BE IT FURTHER RESOLVED Improvement Agreement dated the the completion of improvements in said file in the office of the City Clerk, that that certain Subdivision for of which is on subdivision, a copy is hereby approved. BE IT FURTHER RESOLVED that City Clerk be and she is hereby directed to transmit said map to the Clerk of the Board of Supervisors of the County of San Diego. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista hereby finds that certain map survey entitled Chula Vista Tract No. 01-09, EastLake III Woods, Neighborhoods WR-l and WR-3, more particularly described as follows: 2 ~/~ Portion of the unsurveyed remainder parcel of Parcel Map No.17874 in the City of Chula Vista, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County, July 3, 1997 as file number 1997-0316060 of official records, Area: 140.76 Acres Numbered Lots: 141 Open Space Lots: 34.107 No. of Lots: 164 Lettered Lots: 23 Acres is made in the manner and form prescribed by law and conforms to the surrounding surveys; and that said map and subdivision of land shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista hereby accepts on behalf of the public the public streets, to-wit: Blue Ridge Drive, Blue Ridge Court, Northwoods Drive, Northwoods Way, Woods Drive, Alder Grove Way, Aspen Glen Court, Aspen Glen Road, and Adirondack Place, and said streets are hereby declared to be public streets and dedicated to the public use all as shown on Woods Neighborhoods WR-l and WR-3 map within said subdivision. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista hereby accepts on behalf of the City of Chula Vista the drainage, public access, pedestrian access, sight visibility, landscape buffer and access, assignable and irrevocable general utility and access easements, all as shown on Woods Neighborhoods WR-l and WR-3 map within said subdivision. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista hereby acknowledges on behalf of the City of Chula Vista the Irrevocable Offer of Dedication of Fee Interest of Lots A, B, C, D, E, F, G and W for open space and other public purposes all as shown on Woods Neighborhoods WR-l and WR-3 map within said subdivision. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista be, and is hereby authorized and directed to endorse upon said maps the action of said Council; that said Council has approved said subdivision map, and that said public streets are accepted on behalf of the public as therefore stated and that the Irrevocable Offer of Dedication of the fee interest of said lots be acknowledged, and that those certain easements as granted on Woods Neighborhoods WR-1 and WR-3 map within said subdivision are accepted on behalf of the City of Chula Vista as herein above stated. BE IT FURTHER RESOLVED Improvement Agreement dated the the completion of improvements in said file in the office of the City Clerk, that that certain Subdivision for of which is on subdivision, a copy is hereby approved. 3 5"'.-/3 BE IT FURTHER RESOLVED that City Clerk be and she is hereby directed to transmit said map to the Clerk of the Board of Supervisors of the County of San Diego. BE IT FURTHER RESOLVED that the Vista is hereby authorized to execute said City of Chula Vista. Mayor of the City of Chula Agreements on behalf of the Presented by Approved as to form by Æ /' c~ ~eny City Attorney John P. Lippitt Director of Public Works J:\Attorney\Reso\EL III Woods WR-l WR-3 FM 4 S-Ilf DRAFT THE A TT ACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY A TTORNEY'S OFFICE AND WILL BE FORMALL Y SIGNED UPON APPROVAL BY THE CITY COUNCIL (f~~(~ ohn M. Kaheny City Attorney Dated: 5' ",/5 ~ 0 2-- Subdivision Improvement Agreement for the Completion of Improvements Required by Chula Vista Tract No. 01-09, Eastlake III Vistas Phase 2 and Eastlake III Woods Neighborhoods WR-l and WR-3 .5-IS Recording Requested by: CITY CLERK When Recorded, Mail to: CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, Ca. 91910 DRAFT No transfer tax is due as this is a conveyance to a public agency of less than a fee interest for which no cash consideration has been paid or received. Declarant SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this day of 2002, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and THE EASTLAKE COMPANY, LLC, 900 Lane Avenue, Suite 100, Chula Vista, CA 91914, hereinafter called "Subdivider" with reference to the facts set forth below, which Recitals constitute a part of this Agreement; RECITALS: WHEREAS, Subdivider is about to present to the City Council of the City of Chula Vista for approval and recordation, a final subdivision map of a proposed subdivision, to be known as EASTLAKE III VISTAS PHASE 2 (CVT 01-09), pursuant to the provisions of the Subdivision Map Act of the State of California, and in compliance with the provisions of Title 18 of the Chula Vista Municipal Code relating to the filing, approval and recordation of subdivision map; and WHEREAS, the Code provides that before said map is finally approved by the Council of the City of Chula Vista, Subdivider must have either installed and completed all of the public improvements and/or land development work required by the Code to be installed in subdivisions before final maps of subdivisions are approved by the Council for purpose of recording in the Office of the County Recorder of San Diego County, or, as an alternative thereto, Subdivider shall enter into an agreement with City, secured by an approved improvement -1- S-/~ security to insure the performance of said work pursuant to the requirements of Title 18 of the Chula Vista Municipal Code, agreeing to install and complete, free of liens at Subdivider's own expense, all of the public improvements and/or land development work required in said subdivision within a definite period of time prescribed by said Council; and WHEREAS, Subdivider is willing in consideration of the approval and recordation of said map by the Council, to enter into this agreement wherein it is provided that Subdivider will install and complete, at Subdivider's own expense, all the public improvement work required by City in connection with the proposed subdivision and will deliver to City improvement securities as approved by the City Attorney; and WHEREAS, a tentative map of said subdivision has heretofore been approved, subj ect to certain requirements and conditions, as contained in Resolution No. 2001-269, approved on the 14th day of August, 2001 ("Tentative Map Resolution"); and WHEREAS, complete plans and specifications for the construction, installation and completion of said public improvement work have been prepared and submitted to the City Engineer, as shown on Drawings Nos. 02017-01 through 02017-28 inclusive, on file in the office of the City Engineer; and WHEREAS, an estimate of the cost of constructing said public improvements according to said plans and specifications has been submitted and approved by the City in the amount of FIVE MILLION FOUR HUNDRED EIGHTY THOUSAND SIX HUNDRED TWENTY-ONE DOLLARS AND NO CENTS ($5,480,621.00). NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: 1. Subdivider, for itself and his successors in interest, an obligation the burden of which encumbers and runs with the land, agrees to comply with all of the terms, conditions and requirements of the Tentative Map Resolution; to do and perform or cause to be done and performed, at its own expense, without cost to City, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the City Engineer, all of the public improvement and/or land development work required to be done in and adjoining said subdivision, including the improvements described in the above Recitals (" Improvement Work"); and will furnish the necessary materials therefor, all in strict conformity and in accordance with the -2- 5-/7 plans and specifications, which documents have heretofore been filed in the Office of the City Engineer and as described in the above Recitals this reference are incorporated herein and made a part hereof. 2. It is expressly understood and agreed that all monuments have been or will be installed within thirty (30) days after the completion and acceptance of the Improvement Work, and that Subdivider has installed or will install temporary street name signs if permanent street name signs have not been installed. 3. It is expressly understood and agreed that Subdivider all necessary materials to be furnished and all Work required under the provisions of this contract on or before the second anniversary date of Council the Subdivision Improvement Agreement. will cause Improvement to be done approval of 4. It is understood and agreed that Subdivider will perform said Improvement Work as set forth hereinabove, or that portion of said Improvement Work serving any buildings or structures ready for occupancy in said subdivision, prior to the issuance of any certificate of clearance for utility connections for said buildings or structures in said subdivision, and such certificate shall not be issued until the City Engineer has certified in writing the cbmpletion of said public improvements or the portion thereof serving said building or structures approved by the City; provided, however, that the improvement security shall not be required to cover the provisions of this paragraph. 5. It is expressly understood and agreed to by Subdivider that, in the performance of said Improvement Work, Subdi vider will conform to and abide by all of the provisions of the ordinances of the City of Chula Vista, and the laws of the State of California applicable to said work. 6. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of TWO MILLION SEVEN HUNDRED FORTY THOUSAND THREE HUNDRED ELEVEN DOLLARS AND NO CENTS ($2,740,311.00) which security shall guarantee the faithful performance of this contract by Subdivider and is attached hereto, marked Exhibit "A" and made a part hereof. -3- 5':"18 7. Subdivider further agrees to furnish and deliver to the City of Chula Vista simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of TWO MILLION SEVEN HUNDRED FORTY THOUSAND THREE HUNDRED ELEVEN DOLLARS AND NO CENTS ($2,740,311.00)to secure the payment of material and labor in connection with the installation of said public improvements, which security is attached hereto, marked Exhibit "B" and made a part hereof and the bond amounts as contained in Exhibit "B", and made a part hereof. 8. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of thi.s agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of ONE HUNDRED TEN THOUSAND DOLLARS AND NO CENTS ($110,000.00) to secure the installation of monuments, which security is attached hereto, marked Exhibit "C" and made a part hereof. 9. It is further agreed that if the Improvement Work is not completed within the time agreed herein, the sums provided by said improvement securities may be used by City for the completion of the Improvement Work within said subdivision in accordance with such specifications herein contained or referred, or at the option of the City, as are approved by the City Council at the time of engaging the work to be performed. Upon certification of completion by the City Engineer and acceptance of said work by City, and after certification by the Director of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the terms of the improvement security. Subdivider agrees to pay to the City any difference between the total costs incurred to perform the work, including design and administration of construction (including a reasonable allocation of overhead), and any proceeds from the improvement security. 10. It is also expressly agreed and understood by the parties hereto that in no case will the City of Chula Vista, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefor, except to the limits established by the approved improvement security in accordance with the -4- 5-t1 requirements of the State Subdivision Map Act and the provisions of Title 18 of the Chula Vista Municipal Code. 11. It is further understood and agreed by Subdivider that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by City in connection with the approval of the Improvement Work plans and installation of Improvement Work hereinabove provided for, and the cost of street signs and street trees as required by City and approved by the City Engineer shall be paid by Subdi vider, and that Subdi vider shall deposit, prior to recordation of the Final Map, with City a sum of money sufficient to cover said cost. 12. It is understood and agreed that until such time as all Improvement Work is fully completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and any damage to, the streets, alleys, easements, water and sewer lines within the proposed subdivision. It is further understood and agreed that Subdivider shall guarantee all public improvements for a period of one year from date of final acceptance and correct any and all defects or deficiencies arising during said period as a result of the acts or omission of Subdivider, its agents or employees in the performance of this agreement, and that upon acceptance of the work by City, Subdivider shall grant to -City, by appropriate conveyance, the public improvements constructed pursuant to this agreement; provided, however, that said acceptance shall not constitute a waiver of defects by City as set forth hereinabove. 13. It is understood and agreed that City, as indemnitee, or any officer or employee thereof, shall not be liable for any injury to person or property occasioned by reason of the acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement. Subdivider further agrees to protect and hold the City, its officers and employees, harmless from any and all claims, demands, causes of action, liability or loss of any sort, because of or arising out of acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement; provided, however, that the approved improvement security shall not be required to cover the provisions of this paragraph. Such indemnification and agreement to hold harmless shall extend to damages to adjacent or downstream properties or the taking of property from owners of such adjacent or downstream properties as a result of the construction of said subdivision and the public improvements as provided herein. It shall also extend to damages resulting from diversion of waters, -5- ~-~O change in the volume of flow, modification of the velocity of the water, erosion or siltation, or the modification of the point of discharge as the result of the construction and maintenance of drainage systems. The approval of plans providing for any or all of these conditions shall not constitute the assumption by City of any responsibility for such damage or taking, nor shall City, by said approval, be an insurer or surety for the construction of the subdivision pursuant to said approved improvement plans. The provisions of this paragraph shall become effective upon the execution of this agreement and shall remain in full force and effect for ten (10) years following the acceptance by the City of the improvements. 14. Subdivider agrees to defend, indemnify, and hold harmless the City or its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory agency, appeal board, or legislative body concerning a subdivision, which action is brought within the time period provided for in Section 66499.37 of the Government Code of the State of California. 15. Assignability. Upon request of the Subdivider, any or all on-site duties and obligations set forth herein may be assigned to Subdivider's successor in interest if the City Manager in 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 securities by the successor in interest in place and stead of the original securities described herein so long as such substituted securities meet the criteria for security as set forth elsewhere in this Agreement. Such assignment will be in a form approved by the City Attorney. -6- 5;;; SIGNATURE PAGE TO SUBDIVISION IMPROVEMENT AGREEMENT EASTLAKE III VISTAS PHASE 2 (CVT 01-09) IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA THE EASTLAKE COMPANY, LLC City Clerk ~4~ Curt mith fV\ce, President ~1~ \?\V'--"" Debí oth-Klingner Vice President Mayor of the City of Chula Vista ATTEST Approved as to form by City Attorney (Attach Notary Acknowledgment) -7- 5=-.;ìJ)..- CALIFORNIA ALL·PURPOSE ACKNOWLEDGMENT r;('~~...0(J';f-1<.'.ë<'..ê¢~,(¥'~..0(.'~.e<'vê(.Y~~~~~~,Õ("~~~~Æ<T..0¢.0(.'..êê~ ~ ~f ~ ~ ~I ~ 'ë~,',...:.' On May 20, 2002 before me, Silvana C. Brazell, notary public ('; Date Name and Title of OIIicer (e.g.. "Jane Doe, NOIary Public") I personally appeared Curt Smith and Debi Roth Klingner Name(s) of Signer(s) ~,,,,,.. 1! personally known to me ¡, 0 proved to me on the basis of satisfactory ~ evidence ~ to be the person(s) whose name(s) )a1are :: ~~ subscribed to the within instrumenf and .'~ QI acknowledged to me that ~ithey executed " ~j SILVANA C. BRAZELL the same in l j1iJtl<fri(heir authorized I ,01 . Commiooion#1339922 % capacity(ies), and that by Jois~ritheir ,; ¡>I ~, Notary Public - Collfornia ~ signature(s) on the instrument the person(s), or ," ~,~.:I'. %~ San Diego County t the entity upon behalf of which the person(s) , '" MyCorrrn, Expires Fob 12, 2006 t acted, executed the instrument. !8: ~~ ~ _J ~~, L ~ J ~ - - - Rj' ~ ~ !~ II ~ I~ ',i ') i~~'I, ~ ~ ~ '81' OPTIONAL ~ .'('~ K~'~I 0", Though the information below is not required by law. it may prove valuable to persons relying on the document and could prevent :'> I~Jj fraudulent removal and reattachment at this form 10 another document. ' I ~ 4 ~;i Description of Attached Document ~ :!~)i: Subdivision Improvement Agreement ~,~ ;. Title or Type of Document: ~' ~j bP I~S (' Document Date: Num er of ages: '; ~ Signer(s) Other Than Named Above: ,~ ~ ~ ~ ¿j Capacity(ies) Claimed by Signer I.~~: 1,01 Signer's Name:' I ~ " ~I 0 Individual Top of thumb here ~i 0 Corporate Officer - Title(s): ~ ~l 0 Partner - 0 Limited 0 Generai ~ ~! 0 Attorney-in-Fact ~, ~i 0 Trustee I~ ~ 0 Guardian or Conservator ~I ~i 0 Other: t~ ~ ~ ~j Signer Is Representing: ~ :g ""'~'"~~-~"~'~~'X-"-~"'-"N"~'--"''',--·=",~-~==,,~"_=~_~~,=~"'=~~_.~=~===~~,,~._=_.~!~ L/"'Ç<,.'':i,t.(v'g.:};.'::v',=~'<.~'Ç/vç;<;~;..-~{.;.~'G<.-'~'=:<;~"=,,,~>yv:,ÿ,,=,,,~§<j~:q$~~'''=<V~<$Ç<J,=!<:;'=V'~<;.~'£V""",.;.~~..!:,,<....>=t.;.X-, _()(.1 1 County of San Diego } ss. 1 'I State of Caiifornia " " , " 'I " 'I , 'I (11999 Nalional Notary Association' 9350 De Soto Ave., P.O. Bo~ 2402' Chatswor1h. CA 91313·2402' www.nationalno1ary.org Prod. No. 5907 Aeorder. Call TOil-Free 1·800·876·6827 5-;¡3 LIST OF EXHIBITS Exhibit IIAn Improvement Security - Faithful Performance Form: Bond Amount: $2,740,311 Exhibit "B" Improvement Security - Material and Labor: Form: Bond Amount: $2,740,311 Exhibit "c" Improvement Security - Monuments: Form: Bond Amount: $110,000 Securities approved as to form and amount by City Attorney Improvement Completion Date: Two (2) years from date of City Council approval of the Subdivision Improvement Agreement. J:\Attorney\SIA\Eastlake III Vistas Phase 2 -8- S-;2 '-I THE A TT ACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALL Y SIGNED UPON APPROVAL BY THE CITY COUNCIL ~~~~ l.. hn M. Kaheny City Attorney Dated:); --- I to - ¿) L Subdivision Improvement Agreements for EL III Vistas Phase 2 and Eastlake III Woods Neighborhoods WR-1 & WR-3 t:-;;.s' Recording Requested by: CITY CLERK When Recorded, Mail to: CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, Ca. 91910 No transfer tax is due as this is a conveyance to a public agency of less than a fee interest for which no cash consideration has been paid or received. Declarant SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this day of 2002, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and THE EASTLAKE COMPANY, LLC, 900 Lane Avenue, Suite 100, Chula Vista, CA 91914, hereinafter called "Subdivider" with reference to the facts set forth below, which Recitals constitute a part of this Agreement; RECITALS: WHEREAS, Subdivider is about to present to the City Council of the City of Chula Vista for approval and recordation, a final subdivision map of a proposed subdivision, to be known as EASTLAKE III WOODS, NEIGHBORHOODS WR-l & WR-3, CVT 01-09, pursuant to the provisions of the Subdivision Map Act of the State of California, and in compliance with the provisions of Title 18 of the Chula Vista Municipal Code relating to the filing, approval and recordation of subdivision map; and WHEREAS, the Code provides that before said map is finally approved by the Council of the City of Chula Vista, Subdivider must have either installed and completed all of the public improvements and/or land development work required by the Code to be installed in subdivisions before final maps of subdivisions are approved by the Council for purpose of recording in the Office of the County Recorder of San Diego County, or, as an al ternati ve thereto, Subdi vider shall enter into an agreement with City, secured by an approved improvement -1- 5.. ;u, security to insure the performance of said work pursuant to the requirements of Title 18 of the Chula Vista Municipal Code, agreeing to install and complete, free of liens at Subdivider's own expense, all of the public improvements and/or land development work required in said subdivision within a definite period of time prescribed by said Council; and WHEREAS, Subdivider is willing in consideration of the approval and recordation of said map by the Council, to enter into this agreement wherein it is provided that Subdivider will install and complete, at Subdivider's own expense, all the public improvement work required by City in connection with the proposed subdivision and will deliver to City improvement securities as approved by the City Attorney; and WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to certain requirements and conditions, as contained in Resolution No. 2001-269, approved on the 14th day of August, 2001 ("Tentative Map Resolution"); and WHEREAS, complete plans and specifications for the construction, installation and completion of said public improvement work have been prepared and submitted to the City Engineer, as shown on Drawings Nos. 00041-01 through 02041-20 inclusive, on file in the office of the City Engineer; and WHEREAS, an estimate of the cost of constructing said public improvements according to said plans and specifications has been submitted and approved by the City in the amount of THREE MILLION SEVEN THOUSAND DOLLARS AND NO CENTS ($3,007,000.00) . NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: 1. Subdivider, for itself and his successors in interest, an obligation the burden of which encumbers and runs with the land, agrees to comply with all of the terms, conditions and requirements of the Tentative Map Resolution; to do and perform or cause to be done and performed, at its own expense, without cost to City, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the City Engineer, all of the public improvement and/or land development work required to be done in and adjoining said subdivision, including the improvements described in the above Recitals (" Improvement Work"); and will furnish the necessary materials therefor, all in strict conformity and in accordance with the -2- 5'-;; 7 plans and specifications, which documents have heretofore been filed in the Office of the City Engineer and as described in the above Recitals this reference are incorporated herein and made a part hereof. 2. It is expressly understood and agreed that all monuments have been or will be installed within thirty (30) days after the completion and acceptance of the Improvement Work, and that Subdivider has installed or will install temporary street name signs if permanent street name signs have not been installed. 3. It will cause Improvement to be done approval of is expressly understood and agreed that Subdivider all necessary materials to be furnished and all Work required under the provisions of this contract on or before the second anniversary date of Council the Subdivision Improvement Agreement. 4. It is understood and agreed that Subdivider will perform said Improvement Work as set forth hereinabove, or that portion of said Improvement Work serving any buildings or structures ready for occupancy in said subdivision, prior to the issuance of any certificate of clearance for utility connections for said buildings or structures in said subdivision, and such certificate shall not be issued until the City Engineer has certified in writing the completion of said public improvements or the portion thereof serving said building or structures approved by the City; provided, however, that the improvement security shall not be required to cover the provisions of this paragraph. 5. It is expressly understood and agreed to by Subdivider that, in the performance of said Improvement Work, Subdivider will conform to and abide by all of the provisions of the ordinances of the City of Chula Vista, and the laws of the State of California applicable to said work. 6. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of ONE MILLION FIVE HUNDRED THREE THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS ($1,503,500.00) which security shall guarantee the faithful performance of this contract by Subdivider and is attached hereto, marked Exhibit "A" and made a part hereof. -3- 5-;; 8 7. Subdivider further agrees to furnish and deliver to the City of Chula Vista simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of ONE MILLION FIVE HUNDRED THREE THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS ($1,503,500.00) to secure the payment of material and labor in connection with the installation of said public improvements, which security is attached hereto, marked Exhibit "B" and made a part hereof and the bond amounts as contained in Exhibit "B", and made a part hereof. 8. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of SEVENTY-FIVE THOUSAND DOLLARS AND NO CENTS ($75,000.00) to secure the installation of monuments, which security is attached hereto, marked Exhibit "C" and made a part hereof. 9. It is further agreed that if the Improvement Work is not completed within the time agreed herein, the sums providecl by said improvement securities may be used by City for the completion of the Improvement Work within said subdivision in accordance with such specifications herein contained or referred, or at the option of the City, as are approved by the City Council at the time of engaging the work to be performed. Upon certification of completion by the City Engineer and acceptance of said work by City, and after certification by the Director of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the terms of the improvement security. Subdivider agrees to pay to the City any difference between the total costs incurred to perform the work, including design and administration of construction (including a reasonable allocation of overhead), and any proceeds from the improvement security. 10. It is also expressly agreed and understood by the parties hereto that in no case will the City of Chula Vista, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefor, except to the limits established by the approved improvement security in accordance with the requirements of the State Subdivision Map Act and the provisions -4- 5-d-~ of Title 18 of the Chula Vista Municipal Code. 11. It is further understood and agreed by Subdivider that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by City in connection with the approval of the Improvement Work plans and installation of Improvement Work hereinabove provided for, and the cost of street signs and street trees as required by City and approved by the City Engineer shall be paid by Subdivider, and that Subdivider shall deposit, prior to recordation of the Final Map, with City a sum of money sufficient to cover said cost. 12. It is understood and agreed that until such time as all Improvement Work is fully completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and any damage to, the streets, alleys, easements, water and sewer lines within the proposed subdivision. It is further understood and agreed that Subdivider shall guarantee all public improvements for a period of one year from date of final acceptance and correct any and all defects or deficiencies arising during said period as a result of the acts or omission of Subdivider, its agents or employees in the performance of this agreement, and that upon acceptance of the work by City, Subdi vider shall grant to City, by appropriate conveyance, the public improvements constructed pursuant to this agreement; provided, however, that said acceptance shall not constitute a waiver of defects by City as set forth hereinabove. 13. It is understood and agreed that City, as indemnitee, or any officer or employee thereof, shall not be liable for any injury to person or property occasioned by reason of the acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement. Subdivider further agrees to protect and hold the City, its officers and employees, harmless from any and all claims, demands, causes of action, liability or loss of any sort, because of or arising out of acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement; provided, however, that the approved improvement security shall not be required to cover the provisions of this paragraph. Such indemnification and agreement to hold harmless shall extend to damages to adjacent or downstream properties or the taking of property from owners of such adjacent or downstream properties as a result of the construction of said subdivision and the public improvements as provided herein. It shall also extend to damages resulting from diversion of waters, change in the volume of flow, modification of the velocity of -5- 5-30 the water, erosion or siltation, or the modification of the point of discharge as the result of the construction and maintenance of drainage systems. The approval of plans providing for any or all of these conditions shall not constitute the assumption by City of any responsibility for such damage or taking, nor shall City, by said approval, be an insurer or surety for the construction of the subdivision pursuant to said approved improvement plans. The provisions of this paragraph shall become effective upon the execution of this agreement and shall remain in full force and effect for ten (10) years following the acceptance by the City of the improvements. 14. Subdivider agrees to defend, indemnify, and hold harmless the City or its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory agency, appeal board, or legislative body concerning a subdivision, which action is brought within the time period provided for in Section 66499.37 of the Government Code of the State of California. 15. Assignability. Upon request of the Subdivider, any or all on-site duties and obligations set forth herein may be assigned to Subdivider's successor in interest if the City Manager in 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 securities by the successor in interest in place and stead of the original securities described herein so long as such substituted securities meet the criteria for security as set forth elsewhere in this Agreement. Such assignment will be in a form approved by the City Attorney. -6- 5-3/ SIGNATURE PAGE TO SUBDIVISION IMPROVEMENT AGREEMENT EASTLAKE III WOODS, NEIGHBORHOODS WR-l & WR-3 CVT 01-09 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA Debi Ro h K1ingner Vice President Mayor of the City of Chula Vista ATTEST City Clerk Approved as to form by City Attorney (Attach Notary Acknowledgment) -7- 5-3~ CALIFORNIA ALL·PURPOSE ACKNOWLEDGMENT ~-0(.'Æ<',G¢.0<'..0C'~RX:'~..(§('..0(:>..6¢..('X:'..ê('~~...ê<'~.ê¢~.£<'Y~~.fl(';: ~ State of California } @ ~ ~ County of San Diego . I, ~1 On May 20, 2D~~2: ~ Personally appeared Curt I ~, g~~~;:;~~ k~~w~~Ot~e basis of satisfactor{ :; ~ evidence ' 'f" < I' to be the person(s) whose name(s) ""are 'I 1~<¡1 subscribed to the within instrument· and " ~ acknowledged to me that ~/they executed " ,Öj the same in hi&/....../their authorized' i' SILVANA C. BRAZELL ....' 11\ . Commission # 1339922 z capacity(ies), and that by )oisI)a!>r/their , ,i)1 C8llfo' z signature(s) on the instrument the Person(s), or ," ~I ~, Notary Public - m,. "; . ~~1 z San Diego County ( the entity upon behalf of which the person(s) I,:' I~ i MyCorTrn. ExpIresFeb 12, 2006 ¡ acted, executed the instrument ~ r~~, - - ·tiIf ~ .... .,.r1tl t. - - - ~ ~ WITNESS my hand and official seal. ~ J ~~")'I '(II y- ~41 ~,_!j ¡' I ~ ~ Iili OPTIONAL l~ ~ n <.;: Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent ~ 81 f<Budufent ,emo'af end reattachment of this form to another document. (1 ~;! Description of Attached Document ~ ~j Title or Type of Document: Subdivision Improvement Agreement ~ *11 Document Date: Number of Pages: ~I:~ 10 .1 Signer(s) Other Than Named Above: ~ ~ ~ þ :,..,~,'.I,. Capacity(ies) Claimed by Signer ~~,', )Co Signer's Name: 'I . !R 0 Individual Top of thumb here ~ 0 Corporate Officer - litle(s): iíí ~; 0 Partner - 0 Limited 0 General ~ 'Ri 0 Attorney-in-Fact ~I ~I 0 Trustee ~ ~I 0 Guardian or Conservator ~ ~. 0 Other: ~ ~ ~ ~ Signer Is Representing: ~ ?i" ".."". '~~;¡o.~ -'-"-'6 i6C'6'~'~~=-'-~~~==~'==='?ö-;v:--e'~';(!;~"'~ ,~,=>=~._~ ,((:..~..;'2V'~"::."v"Ç<; y.....'ç(..'~ -ç..~(...._<;;,=ÿ'i£V~~~~'>="V,*,,'>::!'v~'=V~~v_ ,.-<;;~e;;_"~_<;'S"V'Ç"~~~,,,~~'£V_0.J .- -:- 7::),? .-1 'I I -, I before me. Silvana C. Brazell, notary public Name al'ld Title Dr Officer {e.g., "Jane Doe. Notary Publicì Smith and Debi Roth Klingner <:11999 Naliooal Nolary As3ociatlon· 9350 De Solo Ave.. ~.Q, 80>\ 2402' Chatsworlh, CA 91313-2402' www.nalionelnotery.org Prod. No. S907 Aeorder. Call Toll-Free 1·aOO·876-6827 5"'-?::;¡ -;.:;; LIST OF EXHIBITS Exhibit nAil Improvement Security - Faithful Performance Form: Bond Amount: $1,503,500.00 Exhibit "B" Improvement Security - Material and Labor: Form: Bond Amount: $1,503,500.00 Exhibit "C" Improvement Security - Monuments: Form: Bond Amount: $75,000.00 Securities approved as to form and amount by City Attorney Improvement Completion Date: Two (2) years from date of City Council approval of the Subdivision Improvement Agreement. J:\Attorney\SIA\EastLake III Woods N WR-l&WR-3 -8- 5-8'/ RESOLUTION NO.2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 01- 09, EASTLAKE I II VI STAS PHASE 2 REQUIRING EASTLAKE COMPANY, LLC TO COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF RESOLUTION NO. 2001-269, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the developer has Subdivision Improvement Agreement to conditions of City Council Resolution No. executed a Supplemental satisfy the remaining 2001-269. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the Supplemental Subdivision Improvement Agreement for Chula Vista Tract No. 01-09, Eastlake III Vistas Phase 2 requiring Eastlake Company, LLC to comply with certain unfulfilled conditions of Resolution No. 2001- 269, 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. Presented by Approved as to form by John P. Lippitt Director of Public Works J~;~- City Attorney J,\Attorney\Reso\SSIA EL Vistas Phase 2 5-35 THE A TT ACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL ~c~ John M. Kahen~ City Attorney Dated: S /' is- -0 l..- Supplemental Subdivision Improvement Agreement for Chu1a Vista Tract No. 01-09, Eastlake III Vistas Phase 2 Requiring Eastlake Company, LLC to Comply with Certain Unfulfilled Conditions of Reso. No 2001-269 5-30 RECORDING REQUEST BY: ) ) ) ) ) ) ) ) ) ) ) Above Space for Recorder's Use EV-004F City Clerk WHEN RECORDED MAIL TO: CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA 91910 SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR THE FINAL MAP OF EASTLAKE III VISTAS PHASE 2, CHULA VISTA TRACT NO. 01-09 (Conditions 1, 2, 5, 6, 11, 12, 18, 21, 24, 98, 99, 100, 101, 104, 105, 106, 107, 108, 118, 137, 159, 160, 161, 162, 165, 166, 167, 172, 175, 176, 177 of Resolution 2001-269) 33, 41, 68, 71, 76, 109,110,112,117, 168, 169, 170, 171, This Supplemental Subdivision Improvement Agreement ("Agreement") is made this day of , 2002, by and between THE CITY OF CHULA VISTA, California ("City" for recording purposes only) and the signators of this Agreement, EASTLAKE COMPANY LLC, a California Limited Liability Corporation ("Developer" or "Owner"), with reference to the facts set forth below, which recitals constitute a part of this Agreement: RECITALS A. This Agreement concerns and affects certain real property located in Chula Vista, California, more particularly described on Exhibit "A" attached hereto and incorporated herein ("Property") . The Property is within approved Tentative Subdivision Map Chula Vista Tract 01-09 Eastlake III Woods and Vistas and is commonly known as Eastlake III Vistas Phase 2. For purposes of this Agreement the term "proj ect" shall also mean 1 c-' ..., "7· ::;; P' "'.~ "Property" . B. II Owner II or II Developer II means the person, persons or entity having a legal or an equitable interest in the property or parts thereof and includes Owner's, successors-in-interest and assigns of any property within the boundaries of the Property. D. Developer or Developer's predecessor in interest has applied for and the City has approved Tentative Subdivision Map commonly referred to as Chula Vista Tract 01-09 ("Tentative Subdi vision Map" or Tentative Map") for the subdivision of the Property. E. The City has adopted Resolution No, 2001-269 ("Resolution") pursuant to which it has approved the Tentative Subdivision Map subject to certain conditions as more particularly described in the Resolution. F. Developer has requested the City's approval of a final subdivision map for the Property. G. City is willing, on the premises, conditions herein contained to approve the Developer has applied as being in substantial Tentative Subdivision Map. security, terms and Final Map for which conformance with the H. The following defined terms shall have the meaning set forth herein, unless otherwise specifically indicated: a. For purposes of this Agreement, "Final Map" means the final map for Eastlake III Vistas Phase 2. b. "Complete Construction" construction of the improvements have inspected and accepted by the City. shall mean that completed and have been c. "Guest Builder" means those interest in the Property or a portion the Final Map has been recorded. entities obtaining any of the Property, after d. "FSEIR 01-01" means Final Subsequent Environmental Impact Report and first and second addendums thereto. e. "SPA Plan" means the Eastlake III Sectional Planning Area Plan as adopted by the City Council on July 17, 2001 pursuant to Resolution No. 2001-220. 2 5~38 f. "PFFP" means the Eastlake III Woods & Vistas Public Facilities Financing Plan adopted by Resolution No. 2001-220, and as may be further amended from time to time. g. "Parks Master Plan" means the City-wide Parks Master Plan, subject to future City Council approval. h. "Improvement Plans" means all the onsite and offsite improvements required to serve the lots created by the Final Map, in accordance with improvement plans to be approved by the City. Said improvements shall include, but not limited to, asphalt concrete pavement, base, concrete curb, gutter and sidewalk, sewer, reclaimed and potable water utilities, drainage facilities, street lights, signage, landscaping, irrigation, fencing and fire hydrants. NOW, THEREFORE, in exchange for the mutual covenants, terms and conditions herein contained, the parties agree as set forth below. 1. Agreement Applicable to Subsequent Owners. a. Agreement Binding Upon Successors. This Agreement shall be binding upon and inure to the benefit of the successors, assigns and interests of the parties as to any or all of the Property as described on Exhibit "A" until released by the mutual consent of the parties. b. Agreement Runs with the Land. The burden of the covenants contained in this Agreement ("Burden") is for the benefit of the Property and the City, its successors and assigns and any successor in interest thereto. City is deemed the beneficiary of such covenants for and in its own right and for the purposes of protecting the interest of the community and other parties public or private, in whose favor and for whose benefit of such covenants running with the land have been provided without regard to whether City has been, remained or are owners of any particular land or interest therein. If such covenants are breached, the City shall have the right to exercise all rights and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach to which it or any other beneficiaries of this agreement and the covenants may be entitled. c. Developer Release on Guest Builder Assignments. If Developer assigns any portion of the Project to a Guest Builder, Developer may request to be released from Developer's obligations under this Agreement, that are expressly assumed by the Guest 3 5'- 3'1 Builder, provided Developer obtains the prior written consent of the City to such release. Such assignment to the Guest Builder shall, however, be subj ect . to this Agreement and the Burden of this Agreement shall remain a covenant running with the land. The City shall not withhold its consent to any such request for a release so long as the assignee acknowledges that the Burden of the Agreement runs with the land, assumes the obligations of the Developer under this Agreement, and demonstrates, to the satisfaction of the City, its ability to perform its obligations under this Agreement as it relates to the portion of the Project which is being acquired by the Assignee. d. Partial Release of Developer's Assignees. If Developer assigns any portion of the Project subject to the Burden of this Agreement, upon request by the Developer or its assignee, the City shall release the assignee of the Burden of this Agreement as to such assigned portion if such portion has complied with the requirements of this Agreement to the satisfaction of the City and such partial release will not, in the opinion of the City, jeopardize the likelihood that the remainder of the Burden will not be completed. e. Release of Individual Lots. Upon the occurrence of any of the following events, Developer shall, upon receipt of the prior written consent of the City Manager (or Manager's designee), have the right to release any lot(s) from Developer's obligation under this Agreement: i. The execution of a purchase agreement for the sale of a residential lot to a buyer of an individual housing unit; ii. The Association; conveyance of a lot to a Homeowner's iii. The conveyance of a school site as identified in the SPA Plan to a school district; The City shall not withhold its consent to such release so long as the City finds in good faith that such release will not jeopardize the City's assurance that the obligations set forth in this Agreement will be performed. At the request of the Developer, the City Manager (or Manager's designee) shall execute an instrument drafted by Developer in a recordable form acceptable to the City Manager (or Manager's designee), which confirms the release of such lot or parcel from the encumbrance of this Agreement. 4 5-- '10 Notwithstanding the foregoing, at the close of an individual homeowner's escrow on any lot or parcel encumbered by this Agreement, such lot or parcel shall be automatically released from the encumbrance hereof. 2. Condition No. 1 (General Preliminary). In satisfaction of Condition 1 of the Resolution, Developer hereby agrees, to comply with all of the terms, covenants and conditions contained herein shall be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the' Developer as to any or all of the property 3. Condition No. 2 (General Preliminary). In satisfaction of Condition No. 2 of the Resolution, Developer hereby agrees to comply, remain in compliance and implement, the terms, conditions and provisions, as are applicable to the property which is the subject matter of this Tentative Map, of: 1) Eastlake III General Development Plan (GDP); 2) Eastlake III Sectional Planning Area (SPA) Plan; 3) Eastlake III Design Guidelines; 4) Eastlake III Public Facilities Financing Plan; and 5) Eastlake Comprehensive Affordable Housing Program all approved by the City Council on July 17, 2001 by Resolution No. 2001-220 and the Eastlake III Planned Community District Regulation and Land Use Map approved by City Council Ordinance No. 2839 on July 24, 2001. The Developer shall enter into an agreement with the City, providing the City with such security (including recordation of covenants running with the land) and implementation procedures as the City may required to comply with the above regulatory documents. Said Agreement-shall also ensure that, after approval of the final map, the developer will continue to comply, remain in compliance, and implement such Plans. 4. Condition No. 5 (General Preliminary). In satisfaction of Condition No. 5 of the Resolution, Developer hereby agrees that if any of the terms, covenants or conditions contained herein shall fail to occur, or if they are, by their terms, to be implemented and maintained over time, and if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, including issuance of building permits; deny, or further condition the subsequent approvals that are derived from the approvals herein granted; and institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The Developer shall be notified ten (10) days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City 5 5, .¡. / within a reasonable and diligent time frame. S. Condi tion No. 6 (General Preliminary) . In satisfaction of Condition No. 6 of the Resolution, Developer hereby agrees to indemnify, protect, defend and hold the City harmless from and against any and all claims, liabilities and costs, including attorney's fees, arising from challenges to FSEIR 01-01 for the Project and/or any or all entitlements and approvals issued by the City in connection with the Project. 6. Condition No. 11 (Environmental/Preservation) . In satisfaction of Condition 11 of the Resolution, Developer hereby agrees, to implement, to the satisfaction of the Director of Planning and Building, all applicable mitigation measures identified in FSEIR-01-01 and subsequent addendums, the CEQA Findings of Fact and the Mitigation Monitoring and Reporting Program for the Eastlake III Project, in accordance with the requirements, provisions and schedules contained therein, and as further specified in these Tentative Map conditions. Modification of the sequence of mitigation shall be at the discretion of the Director of Planning and Building should changes in circumstances warrant such a revision. If any permits are required to be obtained by Developer as set forth herein, Developer shall obtain said permits with applicable agencies in consultation with the City. 7. Condition No. 12 (Environmental/Preservation) . In satisfaction of Condition 12 of the Resolution, Developer hereby agrees, to implement, or cause the implementation of all mitigation measures pertaining to the Project FSEIR 01-01 and subsequent addendums. Any such measures not satisfied by a specific condition of this Resolution or by the project design shall be implemented to the satisfaction of the Director of Planning and Building. Mitigation Measures shall be monitored via the Mitigation Monitoring and Reporting Program approved in conjunction with FSEIR-01-01 and subsequent addendums. Modification of the sequence of mitigation shall be at the discretion of the Director of Planning and Building should changes in the circumstances warrant such revision. 8. Condition Condition No. 18 of following: No. 18 - (Street Trees). the Resolution, Developer In satisfaction of hereby agrees to the a. Install all street trees in accordance with Section 18.32.10 of the Chula Vista Municipal Code, the City's Landscape Manual and approved cross-sections in the Eastlake III SPA plan; 6 ",.... Li."1 . ":;;'7"- or as otherwise approved by the Director of Parks and Recreation and Director of Public Works. b. Provide any and all special installation conditions as requested by the Director of Parks and Recreation for those trees identified in the SPA as having special installation conditions. c. Show street trees on the landscape and irrigation plans for approval by the Director of Parks and Recreation and the Director of Public Works. Approval of the street tree improvement plans shall constitute final approval of the species selection of street trees. Location of trees and planters shall be contingent upon the location of street signs. Under no circumstance shall a tree or shrub block the visibility of any street sign, regulatory, warning or guide traffic signs. 9. Condition 21 (Construction of Otay Lakes Road Improvements) . In partial satisfaction of Condition No. 21 of the Resolution, which requires Developer to construct and secure the construction of certain improvements for Facility No. 11 Otay Lakes Road from East "H" Street to Telegraph Canyon Road ("Improvement Work"), Developer hereby agrees to the following: 1. Improvement Work. I. Developer agrees to perform or cause to be done and performed, at its own expense, without cost to City, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the City Engineer, all of the public improvement and/or land development work required for constructing the Improvement Work; and will furnish the necessary materials therefore, all in strict conformity and in accordance with the plans and specifications approved by the City Engineer. It is expressly understood and agreed that Developer will cause all necessary materials to be furnished and all Improvement Work required under the provisions of this contract to be done on or before the second anniversary date of Council approval of this Agreement. Further, it is expressly understood and agreed to by Developer that, in the performance of said Improvement Work, Developer will conform to and abide by all of the provisions of the ordinances of the City of Chula Vista, and the laws of the State of California applicable to said work. 2. Security for Improvement Work. 7 5-13 I. Developer further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an appròved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of $1,060,116 which security shall guarantee the faithful performance of this contract by Developer and is attached hereto as Exhibit "B" and made a part hereof. In addition, Developer further agrees to furnish and deliver to the City of Chula Vista simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of $1,060,116 to secure the payment of material and labor in connection with the installation of said public improvements, which security is attached hereto, marked Exhibit "C" and made a part hereof. II. It is further agreed that if the Improvement Work is not completed within the time agreed herein, the sums provided by said improvement securities may be used by City for the completion of the Improvement Work within said subdivision in accordance with such specifications herein contained or referred, or at the option of the City, as are approved by the City Council at the time of engaging the work to be performed. Upon certification of completion by the City Engineer and acceptance of said work by City, and after certification by the Director of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required for payment thereof, may be released to Developer or its successors in interest, pursuant to the terms of the improvement security. Developer agrees to pay to the City any difference between the total costs incurred to perform the work, including design and administration of construction (including a reasonable allocation of overhead), and any proceeds from the improvement security. 10. Condition following: Condition No 24 - (ADA Standards). In satisfaction of 24 of the Resolution Developer hereby agrees to the a. To construct sidewalks and pedestrian ramps on walkways to comply with the "Americans with Disabilities (ADA) standards, as approved by the City Engineer. all Act 11 b. standards standards That in the event the Federal Government adopts new ADA for street rights-of-way, which are in conflict with the and approvals for the Project, all such approvals 8 5'-'/'1 conflicting with those new standards shall be updated to reflect the new standards. Unless otherwise required by federal law, City ADA standards may be considered vested, as determined by federal regulations, once construction has commenced. 11. Condition No. 33d - (Street Name Change). In partial satisfaction of Condition 33, the Developer shall submit a request for changing the name of Wueste Road, in order to provide distinct names for the two proposed intersections with Olympic Parkway. Developer shall prepare all the necessary documents and provide for all costs involve in processing said street name change. 12. Condition No 41 - (Street Name Signs). In satisfaction of Condition 41 of the Resolution, Developer agrees to install permanent street name signs prior to the issuance of the first building permit for the Final Map. 13. Condition No 68 - (Impacts to Environmentally Sensitive Areas) . In satisfaction of Condition 68 of the Resolution, Developer agrees to avoid indirect impacts on the Otay Tarplant Preserve, Preserve Lands, Salt Creek wetlands, and Otay Lakes. Developer further agrees that fertilizers, herbicides and pesticides shall not be applied to the manufactured slopes along the eastern periphery of the Woods and Vistas parcels that drain to Otay Lakes, or to the manufactured slopes immediately adjacent to Salt Creek. In addition, Developer agrees that potable water shall be used for irrigation on the manufactured slopes along the eastern periphery of the Woods and Vistas parcels that drain to Otay Lakes. 14. Condition No 71 (No Protest of Funding Mechanism). In satisfaction of Condition 71 of the Resolution, Developer agrees not to protest the formation of a financing district or any other funding mechanism as approved by the City for the maintenance of the entire Salt Creek drainage basin. The Developer further agrees to finance the formation of such a district on a fair share basis. 15. Condition No 76 (National Pollutant Discharge Elimination System). In satisfaction of Condition 76 of the Resolution, the Developer agrees to comply with all applicable regulations established by the United States Environmental Protection Agency (USEPA), as set forth in the National Pollutant Discharge Elimination System (NPDES), permit requirements for urban runoff and storm water discharge, the Clean Water Act, and any regulations adopted by the City of Chula Vista, pursuant to the NPDES regulations or requirements. Further, the Developer 9 ; - 5-'-16 shall file a Notice of Intent with the State Water Resources Control Board to obtain coverage under the NPDES General Permit for Storm Water Discharges Associated with Construction Activity and shall implement a Storm Water Pollution Prevention Plan (SWPPP) concurrent with the commencement of grading activities. The SWPPP shall include both construction and post construction pollution prevention and pollution control measures and shall identify funding mechanisms for post construction control measures. The developer shall comply with all the provisions of the NPDES and the Clean Water Program during and after all phases of the development process, including, but not limited to, mass grading, rough grading, construction of street and landscaping improvements, and construction of dwelling units. The Developer shall design the Project storm drains and other drainage facilities to include Best Management Practices to minimize non- point source pollution, to the satisfaction of the City Engineer. 16. Condition No. 98 (Encroachment Permit) . In satisfaction of Condition No. 98 of the Resolution, Developer hereby agrees to apply and obtain an encroachment permit prior to the installation of private facilities within the public right of way. The Developer shall maintain, in perpetuity, membership in an advance notice such as the USA Dig Alert Service and shall cause any private facilities owned by the Developer to be marked out whenever work is performed in the area, and shall install shutoff devices at those locations. 17. Condition No. 99 - (Withhold Building Permits and Hold Harmless). In satisfaction of Condition No. 99 of the Resolution, Developer understands and agrees that the performance of Developer's obligations hereunder is required for the health and safety of the residents of its Project. Therefore Developer agrees: a. That the City may withhold building permits for the subject subdivision if anyone of the following occurs: i. Regional development threshold limits set by the East Chula Vista Transportation Phasing Plan, as amended from time to time, have been reached or in order to have the Project comply with the Growth Management Program as may be amended from time to time. ii. Traffic volumes, levels of service, public utilities and/or services either exceed the adopted City threshold standards or fail to comply with then effective Growth Management Ordinance, and Growth Management Program and any amendments thereto. Public utilities shall include, but not be limited to, air quality, drainage, sewer and 10 if't¡;' ¡,:: ....,,' _.~ water. Not be limited to, air quality, drainage, sewer and water. iii. The required public facilities, as identified in the PFFP, or as amended or otherwise conditioned have not been completed or constructed to the satisfaction of the City. The Developer may propose changes in the timing and sequencing of development and the construction of improvements affected. In such case, the PFFP may be amended, as approved by the City's Director of Planning and Building and the Public Works Director. b. That, on the condition that City shall promptly notify the Developer of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense, the Developer shall defend, indemnify, and hold harmless the City, and its agents, officers and employees, from any claim, action or proceeding against the City, or its agents, officers or employees, to attack, set aside, void or annul any approval by the City, including approvals by its Planning Commission, City Council, or any approval by its agents, officers, or employees with regard to this subdivision pursuant to Section 66499.37 of the State Map Act. c. That cable television companies franchised by the City of Chula Vista have equal opportunity to place conduit and provide cable television service for each lot or unit within the Tentative Map area. Developer further agrees to grant, by license or easement, and for the benefit of, and to be enforceable by, the City of Chula Vista, conditional access to cable television conduit within the properties situated within the final map only to those cable television companies franchised by the City of Chula Vista, the condition of such grant being that: (i) such access is coordinated with Developer's construction schedule so that it does not delay or impede Developer's construction schedule and does not require the trenches to be reopened to accommodate that placement of such conduits; and (ii) any such cable company is and remains in compliance with, and promises to remain in compliance with the terms and conditions of the franchise and with all other rules, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may from time to time be, issued by the City of Chula Vista. Developer hereby conveys to the City of Chula Vista the authority to enforce said covenant by such remedies as the City determines appropriate, including revocation of said grant upon determination by the City of Chula Vista that they have violated the conditions of grant. d. That the City may withhold the issuance of building 11 ,."'" "7 ~ -'1 ' permits for the Project, should the Developer be determined by the City to be in breach of any of the terms of the Tentative Map Conditions or any Supplemental Agreement. The City shall provide the Developer of notice of such determination and allow the Developer reasonable time to cure said breach. e. That, on the condition that City shall promptly notify the Developer of any claim, action or proceeding, Developer shall defend, indemnify, and hold harmless the City, and its agents, officers and employees, from any claim, action, or proceeding against the City, or its agents, officers or employees, related to erosion, siltation or increased flow of drainage resulting from the Property. City agrees to reasonably cooperate with Developer in the defense of any such action, claim or proceeding. f. That the Developer participate, on a fair share basis, in any deficiency plan or financial program adopted by SANDAG to comply with the Congestion Management Program (CMP). g. To not protest formation of any future regional impact fee program or facilities benefit district to finance the construction of regional facilities described in the Eastlake III GDP and Eastlake I II PFFP. This agreement to not protest the inclusion of these public improvements shall not be deemed a waiver of the right to challenge the amount of any fee, which may be imposed due to these new improvements and shall not interfere with the right of any person to vote in a secret ballot election. 18. Condition No ioo satisfaction of Condition No. shall comply with all previous Project. (Previous Agreements). In 100 of the Resolution, Developer agreements as they pertain to the 19. Condition No 101 - (Street Sweeping). In satisfaction of Condition No. 101 of the Resolution, Developer shall contract with the City's current street sweeping franchise, or other server approved by the Director of Public Works to provide street sweeping for each phase of development on a frequency and level of service comparable to that provided for similar areas of the City. Developer further agrees to cause street sweeping to commence immediately after the final residence, in each phase, is occupied and shall continue sweeping until such time that the City has accepted the street, or 60 days after the completion of all punch list items, whichever is shorter. Developer further agrees to provide the City Special Operations Manager with a copy of the memo requesting street sweeping service, which shall include a map 12 5 -If q of areas to be swept and the date the sweeping will begin. 20. Condition Nos. 104, 105, and 106 (Air Quality Improvement Plan, AQIP) - In satisfaction of Conditions No. 104, 105, and 106 Developer hereby agrees that no later than May 22, 2002, the Developer shall have had the Air Quality Improvement Plan (AQIP) Developer prepared for the Project acted upon by the Planning Commission and City Council. The Developer agrees to implement the final approved measures and include the measures as part of the Project. The Developer further: 1) agrees to comply and remain in compliance with the AQIP; 2) waives any claim that adoption of the final AQIP constitutes an improper subsequent imposition of the condition; 3) acknowledges that the City Council may, from time-to-time, modify air quality improvement and energy conservation measures related to new development as various technologies and/or programs change or become available; and 4) agrees prior to or concurrent with each Final Map for the Project to modify the AQIP to incorporate those new measures which are in effect at the time. Developer further acknowledges that the new measures shall apply, as applicable, to development within all future final map areas, but shall not be retroactive to those areas which receive final map approval prior to effect of the subject new measures. 21. Condition Nos. 107, 108, and 109 - (Water Conservation Plan, WCP) - In satisfaction of Conditions No. 107, 108, and 109 Developer hereby agrees that no later than May 22, 2002, the Developer shall have had the Water Conservation Plan (WCP) Developer prepared for the Project which incorporates the pilot Study recommendations, acted upon by the Planning Commission and City Council. The Developer hereby agrees to implement the final approved measures and include the measures as part of the Project. The Developer further: 1) agrees to comply and remain in compliance with the WCP; 2) waives any claim that the adoption of a final WCP constitutes an improper subsequent imposition of the condition; 3) acknowledges that the City Council may, from time- to-time, modify water conservation measures related to new development as various technologies and/or programs change or become available; and 4) agrees prior to or concurrent with each final map for the Project to modify the WCP to incorporate those new measures, which are in effect at the time, Developer further acknowledges that the new measures shall apply to development within all future final map areas, but shall not be retroactive to those areas which received final map approval prior to effect of the subject measures. 22. Condition No 110 - (Noise Levels) - In satisfaction of 13 5"' L/~ Condition No. 110 Developer hereby agrees that prior to issuance of building permits (including model home permits) for the Property, the Developer shall submit a detailed acoustical analysis to the City's Environmental Review Coordinator prepared by a qualified acoustical consultant that demonstrates that the building structure is adequately designed such that second-floor interior noise levels, due to exterior sources, will be at or below the 45 CNEL interior standard. Developer acknowledges and agrees that where exterior noise levels exceed 60 CNEL, additional measures shall be required to be implemented by the Developer to attenuate interior noise to the 45 CNEL standard in compliance with the noise mitigation measures required in the Mitigation Monitoring Reporting Program. 23. Condition No 112 - (Community Facilities District). In satisfaction of Condition No. 112 of the Resolution, Developer hereby agrees to the following: a. That a Community Facilities District ("CFD") for funding the maintenance of public improvements and facilities shall be formed prior to issuance of the first production home building permit. b. Maintenance of public improvements and facilities shall be accomplished by the Developer for a minimum period of one year, or until such time as accepted into the open space district by the Director of Public Works. If Council does not approve the CFD formation, some other financing mechanism, such as homeowners association, or an endowment shall be established and submitted to the City Council for consideration prior to issuance of the first production home building permit. 24. Condition No 117 (Open Space Lots). In satisfaction of Condition No. 117 of the Resolution, Developer agrees to have future property owners of lots adjacent to open space lots sign a statement at the time of property purchase, indicating that they are aware and acknowledge that the perimeter walls within open space lots are the property of the Eastlake III HOA, and that they may not modify or supplement the wall, or encroach onto Open Space property. 25. Condition No 118 (Maintenance Agreement). In satisfaction of Condition No. 118 of the Resolution, Developer agrees that on or before 60 days from the date of Council approval of this Agreement, Developer shall submit for City's approval the grant of easements and maintenance agreement, in the form 14 5-50 acceptable to the City Engineer and City Attorney, and other appropriate documentation, describing the maintenance standards and responsibility of the MHOA's for the Open Space Areas within the Eastlake III Project. Developer acknowledges that the MHOA's maintenance of the Open Space Areas may expose the City to liability. Developer agrees to establish the MHOA that will hold the City harmless from any negligence of the MHOA in the maintenance of such Open Space Areas. 26. Condition No 137 - (Street Trees). In satisfaction of Condition No. 137 of the Resolution, Developer agrees to immediately relocate, at its sole expense, the necessary above and/or underground utilities to accommodate the required street trees within the street tree planting easement if determined necessary by the Director of Parks and Recreation or the City Engineer. 27. Condition No. 159. (Fire Hydrants). In satisfaction of condition No. 159 of the Resolution, Developer shall provide fire hydrants every 500 ft. for single-family residential units and every 300 ft. for multi-family residential units. Developer agrees that all hydrants shall be operable prior to delivery of combustible building materials, and minimum 20 ft. wide, all- weather fire access roads shall be in compliance with the U.F.C. or an alternative approved by the City's Fire Marshal shall be provided. 28. Condition No. 160. (Sprinkler Systems). In satisfaction of Condition No. 160 of the Resolution, Developer agrees to provide sprinkler systems in all homes that are on flag lots where any portion of exterior wall of first story is located more than 150 ft. from Fire Department access or as measured by local jurisdiction to the satisfaction of the City's Fire Marshall. 29. Condition No. 161. - (Fire Access). In satisfaction of Condition No. 161 of the Resolution, Developer agrees to provide, prior to issuance of the first building permit for the Project, a 20 foot wide hard surface access road and required fire hydrants with required water pressure to the satisfaction of the Fire Marshal. 30. Condition No. 162. (Fire Station Fee). In satisfaction of Condition No. 162 of the Resolution, Developer shall pay prior to issuance of each building permit Public Facility Fees at the rate in effect at the time building permits are issued. If the Permanent Fire Station has been constructed in 15 5-5/ Eastlake, the Developer shall be given credit, for costs related to construction of the permanent fire station. 31. Condition No. 165. (Code Requirements). In satisfaction of Condition No. 165 of the Resolution, Developer shall comply with all applicable sections of the Chula Vista Municipal Code including Chapter 15.04 "Grading Ordinance" as amended. Preparation of the Final Map and all plans shall be in accordance with the provisions of the Subdivision Map Act and the City of Chula Vista Subdivision Ordinance and Subdivision Manual. 32. Condition No. 166. (Underground Utilities). In satisfaction of Condition No. 166 of the Resolution, Developer agrees to underground all utilities within the subdivision in accordance with Municipal Code requirements to the satisfaction of the City Engineer. 33. Condition No. 167. (Federal, State, and Local regulations). In partial satisfaction of Condition No. 167 of the Resolution, Developer agrees to comply with all relevant Federal, State, and Local regulations, including the Clean Water Act. The developer shall be responsible for providing all required testing and documentation to demonstrate said compliance as required by the City Engineer. 34. Condition No. 168 - (Natural Channels in Open Space). In partial satisfaction of Condition No 168 of the Resolution, Developer agrees to comply with Council Policy No. 522-02 regarding maintenance of natural channels within open spaces. 35. Condition No. 169 (Watercourse and Floodplain). In partial satisfaction of Condition No 169 of the Resolution, Developer agrees to comply with Chula Vista Municipal code Sections 14.04 to 14.18 and 18.54 as amended for any work proposed within the watercourse and floodplain of Salt Creek. 36. Condition No. 170 - (Payment of Fees). In satisfaction of Condition No 170 of the Resolution, Developer agrees to Pay the amount of the following fees in accordance with City Code and Council Policy: a. The Transportation and Public Facilities Development Impact Fees. b. Signal Participation Fees. c. All applicable sewer fees, including but not limited to sewer connection fees. d. Interim SR-125 impact fee 16 5-5;2.; e. Salt Creek Sewer DIF f. Telegraph Canyon Pumped Sewer Basin DIF, if applicable. g. Poggi Canyon Pumped Sewer Basin DIF as may be adopted by the City in the future if applicable. 37. Condition No. 171 (Growth Management). In satisfaction of Condition No 171 of the Resolution, Developer shall comply with Chapter 19.09 of the Chula Vista Municipal Code (Growth Management) as may be amended from time to time by the City. Said chapter includes but is not limited to: threshold standards (19.09.04), public facilities finance plan implementation (19,09.090), and public facilities finance plan amendment procedures (19.09.100) 38. Condition No. 172 (Public Facilities). In satisfaction of Condition No 172 of the Resolution, Developer hereby agrees to the following: Install public facilities in accordance with the Eastlake III Public Facilities Finance Plan as may be amended from time to time, or as required by the City Engineer to meet threshold standards adopted by the City of Chula Vista. The City Engineer and Director of Planning & Building may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such a revision. 39. Condition No. 175 (Master Home Owners Association). In satisfaction of Condition No 175 of the Resolution, Developer hereby agrees to the following: a. Establishment of MHOA. Developer shall create a Master Homeowner's Association ("MHOA") to own and maintain in a professional manner open space areas, medians, parkways, Salt Creek wetlands mitigation area, or any other improvement not maintained by community facilities district, the City, or other entity. Developer agrees that the City has the right to withhold issuance of any building permits for Eastlake III project if no MHOA is established to maintain the Open Space Areas or the City has not approved the final version filed with the Department of Real Estate of the MHOA's Declaration of Conditions, Covenants and Restrictions ("CC&R' s") . The City shall approve any revision to such CC&R's. b. HOA Documentation. On or before 60 days from the date of Council approval of this Agreement, Developer shall submit for City's approval the CC&R's. The MHOA shall be structured to allow annexation of future tentative map areas in the event the City Engineer and Director of Planning & Building requires such 17 5··53 annexation of future tentative map areas. c. The Declaration of Covenants, Conditions, and Restrictions (CC&R 1 s) shall be submitted to and subject to the approval of the City Engineer, City Attorney, Director of Planning & Building, Director of Parks & Recreation and Director of Public Works. The CC&R's shall include but not be limited to the following provisions and obligations of the Master Homeowners Association and/or any successor in interest (herein after collectively referred to as "Master Homeowner Association MHOA)": i. Maintain all the facilities and improvements within the open space lots offered for dedication to the City until acceptance of the open space lots for maintenance by the community facilities district. ii. Before any revisions to provisions of the CC&R's that may particularly affect the City can become effective, said revisions shall be approved by the City. The MHOA shall not seek approval from the City of said revisions without the prior consent of 100% of the holders of first mortgages or property owners within the MHOA. iii. The MHOA shall harmless from any claims, liability or loss related maintenance activities of the indemnify demands, to or MHOA. and hold the City causes of action arising from the iv. The MHOA shall City from the maintenance without the prior consent holders of first mortgages MHOA. not seek to be released by the obligations described herein of the City and 100% of the or property owners within the v. Should the MHOA seek to be released by the Ci ty from the maintenance obligations for the proj ect ' s open space and trails, the MHOA shall first obtain written consent from the City and 100% of the property owners within the MHOA. vi. The MHOA is required to procure and maintain a policy of comprehensive general liability insurance written on a per occurrence basis in an amount not less than one million dollars combined single limit. The policy shall be acceptable to the' City and name the City as additionally insured 18 5-S¥ vii. The HOA shall be responsible for the regular maintenance of the Greenbelt and Community trails and open space. a maintenance program for the ordinary and usual maintenance of the trails shall be established with the approval of the City in order to minimize potential for erosion into lower Otay Reservoir. viii. The CC&R's shall incorporate restrictions for each lot adjoining open space lots containing walls maintained by the open space district to ensure that the property owners know that the walls may not be modified or supplemented nor may they encroach on City property. ix. The CC&R' s shall include provisions assuring MHOA membership in an advance notice such as the USA Dig Alert Service in perpetuity. x. The CC&Rs shall provide City the right, but not the CC&R provisions same as any include provisions that the obligation, to enforce owner in the Project. xi. The CC&R provisions setting forth restrictions in these Tentative map conditions may not be revised at any time without prior written permission of the City. xii. The MHOA shall not seek to dedicate or convey for public streets, land used for private streets without approval of 100% of all the HOA members or holders of first mortgages within the MHOA. xiii. The CC&Rs shall include the requirement to provide for the fair share of the cost of maintaining the existing detention basin and wetland restoration areas in the Eastlake Trails. xiv. CC&Rs shall include provisions establishing an HOA to assure maintenance of all open space areas and slopes including long term maintenance of the Salt Creek wetland mitigation area in perpetuity, as identified in the Eastlake III Woods and Vistas Conceptual Wetland Mitigation Plan, prepared by Helix Environmental Planning, Inc., all subject to approval by the City's Environmental Review Coordinator. xv. maintenance granite (DG) Provide within the in perpetuity of all areas by a Homeowners 19 master CC&Rs for the stabilized decomposed Association. 5- '5'S xvi. CC&Rs shall include provide for the follówing: the requirement to 1) Repair and replacement of the proposed beveled curbs in the Woods. City will provide sweeping services for those streets with beveled curbs. 2) Maintenance of the landscaped parkways along all streets containing detached sidewalks. 3) Maintenance of all decomposed granite (DG) areas. 40. Condition No. 176 - (DG Walkways free from Obstacles). In satisfaction of Condition No 176 of the Resolution, Developer hereby acknowledges and agrees that there shall be no vertical obstacles and obstructions such as public utility vaults, boxes, etc. placed within the decomposed granite (DG) walkways within the project. In the event of any such obstruction placed within the walkways, Developer agrees to immediately remove such obstructions, upon request of the City, 41. Condition No. 177 -(MHOA). In satisfaction of Condition No. 177 of the Resolution, Developer agrees that future property owners will be notified during escrow, by a document to be initialed by the owners, and approved by the City Engineer and Director of Planning, of the maintenance responsibilities of the MHOA and their estimated annual cost. 42. Satisfaction of Conditions. City agrees that the execution of this Agreement constitutes satisfaction or partial satisfaction of Developer's obligation of Conditions 1, 2, 5, 6, 11, 12, 18, 21, 24, 33, 41, 68, 71, 76, 98, 99, 100, 101, 104, 105,106,107,108,109,110,112,117,118,137,159,160,161, 162, 165, 166, 167, 168, 169, 170, 171, 172, 175, 176, 177 of Resolution 2001-269 43. Unfulfilled Conditions. Developer hereby agrees, unless otherwise conditioned, that Developer shall comply with all unfulfilled conditions of approval of the Tentative Map, established by the Resolution and shall remain in compliance with and implement the terms, conditions and provisions therein. all 44. Assignability. on-site duties and Upon request of obligations set 20 the Developer, forth herein any may or be 5 . '''/., ',...;; ~,' assigned to Developer'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 an assignment is requested, permit a substitution of securities by the successor in interest in place and stead of the original securities described herein so long as such substituted securities meet the criteria for security as set forth elsewhere in this Agreement. Such assignment will be in a form approved by the City Attorney. 45. Recording. This Agreement, or an abstract hereof shall be recorded simultaneously with the recordation of the Final Map. 46. Building Permits. Developer and Guest Builders acknowledge and agree that the City may withhold the issuance of building permits for the Project, should the Developer be determined by the City to be in breach of any of the terms of this Agreement. The City shall provide the Developer of notice of such determination and allow the Developer with reasonable time to cure said breach. 47. Miscellaneous. a. Notices. Unless otherwise provided in this Agreement or by law, any and all notices required or permitted by this Agreement or by law to be served on or delivered to either party shall be in writing and shall be deemed duly served, delivered, and received when personally delivered to the party to whom it is directed, or in lieu thereof, when three (3) business days have elapsed following deposit in the U.S. mail, certified or registered mail, return receipt requested, first-class postage prepaid, addressed to the address indicated in this Agreement. A party may change such address for the purpose of this paragraph by giving written notice of such change to the other party. CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA. 91910 Attn: Director of Public Works Developer: Eastlake Company, LLC 900 Lane Avenue, Suite 100 Chula Vista, CA 91914 Attn: Curt Smith, Vice President Tel: (619) 421-0127 21 5',·57 A party may change such address for the purpose of this paragraph by giving written notice of such change to the other party in the manner provided in this paragraph. b. Captions. Captions in this Agreement are inserted for convenience of reference and do not define, describe or limit the scope or intent of this Agreement or any of its terms. c. Entire Agreement. This Agreement contains the entire agreement between the parties regarding the subject matter hereof. Any prior oral or written representations, agreements, understandings, and/or statements shall be of no force and effect. This Agreement is not intended to supersede or amend any other agreement between the parties unless expressly noted. d. Preparation of Agreement. No inference, assumption or presumption shall be drawn from the fact that a party or his attorney prepared and/or drafted this Agreement. It shall be conclusively presumed that both parties participated equally in the preparation and/or drafting this Agreement. e. Recitals; Attachments. above and exhibits attached hereto are into this Agreement. Any recitals set forth incorporated by reference f. Attorneys' Fees. If either party commences litigation for the judicial interpretation, reformation, enforcement or rescission hereof, the prevailing party will be entitled to a judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. [NEXT PAGE IS PAGE ONE OF TWO SIGNATURE PAGES] 22 /-Q S ..".:) () [PAGE ONE OF TWO SIGNATURE PAGES TO THE SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR THE FINAL MAP OF EASTLAKE III VISTAS PHASE 2, CHULA VISTA TRACT NO. 01-09] IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first hereinabove set forth. CITY OF CHULA VISTA Mayor Attest: Susan Bigelow City Clerk Approved as to form: John M. Kaheny City Attorney [NEXT PAGE IS PAGE TWO OF TWO SIGNATURE PAGES] 23 /7' e-" t."-V :::ì~< :; [PAGE TWO OF TWO SIGNATURE PAGES TO THE SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR THE FINAL MAP OF EASTLAKE III VISTAS PHASE 2, CHULA VISTA TRACT NO. 01-09] DEVELOPER/OWNER: EASTLAKE COMPANY, LLC 900 LANE AVE, SUITE 100 CHULA VISTA, CA 91914 By:k57ho~ Curt Smith Title: Vice President ~K~0 De i· oth-Klingner Title: Vice President (Attach Notary Acknowledgment) 24 s'-toO CALIFORNIA ALL·PURPOSE ACKNOWLEDGMENT <:-è.." ~ ~ " ~ ~ ~ I ~l ~ to be the person(s) whose name(s) )@fare ': ~ subscribed to the within instrument and ,I ~I acknowledged to me that ~/they executed " "Q the same in q¡s/Þ\lîÆheir authorized 'I ~, ~'I- - - - -;1~~;.;~E7L - t capacity(ies), and that by ~r/their' ¡x1 signature(s) on the instrument the perSon(s), or 'I ~j Commission' 1339922 ~ ~! i' Notary Public. California ~ the entity upon behalf of which the person(s) ·1 ~¡ J San Diego County ( acted, executed the instrument 1 ~ J _ _ _ _My~._~-"~1~2~[ ~ ~ ~ ~ ~ o i ~j ) ~' ~(i OPTIONAL ·i Ip'j Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent ?; I('! fraudulent removal and reattachment of this form to another document )I ~ ~ ~ r ¡:; Description of Attached Document i~ 1 ~ 21 Title or Type of Document: Supplemental Subdivision Improvement Agreement ~ ~'¿I Document Date: Number of Pages: '~~ ~ ~ (I . \'1 Signer(s) Other Than Named Above: ~ ~ ~I ~! Capacity(ies) Claimed by Signer ~ ~I Signer's Name: . ~ Ie? 0 Individual Top of thumb here r~ ;ii DC tOff' lItl() ~)I ,.11 orpora e Icer - I e S : I~':)':,' " D Partner - D Limited D General <Í I~,f.'.; g ~~~t~~y-in-Fact ~, ~ D Guardian or Conservator D- .... 111 '>:1 D Other: IJ ~ I ~ Signer Is Representing: k~ I~ ~ 5tQ)Ç?:-'ÇçÇ:);,~-(;-:ç,6Ç:;ç<;º:v::."çx:'Wç:ç~~~·;~Z.'çx~~~Cç(.'Ç(';0@$~NÇ(~;þ'ç,ºr:,.'{R.~~'Qf:'''f~'Ç'v~-:'-;';J ."~ -, . ";""('; ^ 1? ~ ,I County of San Diego } ss State of California On May 20, 2002 before me, Silvana C. Brazell, notary public, Name and TiRe of Officer (e.g., "Jane Doe, NOlary Public1 ., ,., '1 " Date personally appeared Curt Smith and Debi Roth Klingner Name{s)01 Slgner(s) ~ personally known to me D proved to me on the basis evidence of satisfactory I ., ·1 I Cl1999 Nðtlonal NQtary Association' 9350 De Soto Ave., P.O. Bo~ 2402· Chatsworlh, CA 91313·2402' www.nationalnotary.org Prod. No. 5907 Reorder:CaIJTolI·Free 1-800-!l76·6827 5-(Pj List of Exhibits SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR THE FINAL MAP OF EASTLAKE III VISTAS PHASE 2, CHULA VISTA TRACT NO. 01-09 Exhibit A Legal Description of Property Exhibit B Bond for Faithful Performance of Otay Lakes Road Improvements Exhibit C Bond for Labor and Material of Otay Lakes Road Improvements 5 ~ (p(}-' Exhibi t "A" Legal Description of Property Lots 273 through 728 together with Lots N through Z and AA through JJ of Chula Vista Tract No. 01-09, Eastlake III Vistas, Phase 2 in the City of Chula Vista, County of San Diego, State of California, according to Map thereof No. , filed in the Office of the County Recorder of San Diego County on 2002, as File No. of Official Records. :5 - {¡; '¿; Exhibit "BU Bond for Faithful Performance of Otay Lakes Road Improvements BOND FOR FAITHFUL PERFORMANCE (To Be Used With Subdivision Improvement Agreement) File No.: ~- ~(f¡ Bond No.: 1 8 ° Prernium: 14, 841 . Issued in Tripl1cate WHEREAS, the City Council of the City of Chula Vista, County of San Diego, State of California, and The East' ake Company, LLC (hereinafter "Principal") have entered into a Subdivision Improvement Agreement (hereinafter referred to as "Agreement") whereby Principal agrees to install and complete certain designated public improvements, which said Agreement, dated , 20_, and identified as project Otay Lakes Road Improvements From East "H" Street to Tel egraph Canyon Road , is hereby referred to and made a part hereof; and, WHEREAS, said Princ ipal is required under the tenns of said Agreement to furnish a bond for faithful perfonnance of said Agreement. NOW THEREFORE, we, the Principal and COmDany of Ameri ca , a corporation of the State of , (hereinafter "Surety"), are held and firmly bound unto the City of Chula Vista, a municipal corporation (hereinafter "City") in the County of San Diego, State of California, and to and for the benefit of any and all persons \'fho. may. suffer dama~es bK~hsf~ &o,witions hereof, in the penal sum of 01e rm 11100 $lxty '1:I1CXJSa!1Cf"one "iIollars, ($ 1,060,116. OO--J, lawful money of the United States, for the payment of which sum well and truly to be made, v.e bind ourselves, our heirs, successors, executors and administrators, jointly and severally, finnly by these presents. Travelers Casualty and Surety The condition of this obligation is such that if the above-bound Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perfonn the covenants, conditions, and provisions in the said Agreement and any alteration thereof made as therein provided, on his or their part, to be kept and perfonned at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save hannless City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the tenns of the Agreement or to the work to be perfonned thereunder or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications. '5 - (,..¡. In addition to the acts bonded for pursuant to the Agreement incorporated above, the following acts and performances are additionally subject to the terms of this bond: IN WITNESS WHEREOF, this instrwnent has been duly executed by the Principal and Surety above named, on M~y 1" . 20..Q2... The EastLake Company, LLC :~ek::~t) Curt 81111. th We ~Sident By J ~\I~~ e 1. t -K!1.ngner Vice President 103828708 Bond/Policy No. Travelers Casualty and Surety Company of America Name of Surety Company ~ MClnerny~ rney 1414 Fair Oaks #3 Address of Surety Company South Pasadena, CA City State in Fact 91030 Zip Code ABOVE-SIGNATORlES MUST BE NOTARIZED APPROVED AS TO FORM: f~~~ City A Y H:IHOMBENGlNEERILANDDEV\Forms-OfficiatBondsIBond Faith Perf with SIA.doc 5·-&5 STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) On this 16th day of Ma.y ,20-.02..., before me, Dpni,.p}\of !':m; rh a Notary Public in and for said State, personally appeared Curt Smith personally known to me (or roved to me on the basis of satisfacto evidence to be the person(81 whose name i e subscribed to the within instrument and acknowledged to me that @she/they executed the same in@her/their authorized capacity()es), and that b~er/their signatureW on the instrument the personÇs1', or the entity upon behalf of which the person~ acted, executed the instrument. WITNESS my hand and official seaL Signature ~.-/ 'Jy¡. ~ NOTARY PUBLIC (SEAL) I@ _~SMI1H J ø 1IJWIY,"8~ ø I ~~, STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) On this 16th day of May , 20Jl2.., before me, Dpn;,.p)of !':m;"'h a notary Public in and for said State, personally appeared Debi Roth-Klingner personally known to me (or roved to me on the basis of satisfactory evidence) to be the personÇs1 whose name(}1 s e subscribed to the within instrument and acknowledged to me that he~they executed the same in hi~their authorized capaci~, and that by hi~eir signatureÇs? on the instrument the person()!1, or the entity upon behalf of which the person(81 acted, executed the instrument. WITNESS my hand and official seaL Signature ~ 771. ~ (SEAL) ø-·, ~. ~~1 5-~iþ CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT %"~..ë<""~~~~~~~~~~~~~ I ' ~ · 0 ~ , State of Califomia } ss, f -I I County of Los Angeles On May 15, 2002 before me, Norma A Good, Notary Pub 1 i c N¡¡me and Title or Officer (e.g.. . Jane Doe, Notary Public"} Dale ~ I ~ ~ ~ ~ ,i'.I èj ,i'.I èì ~ ~ g \í1: ,i'.I ~ @ ,i'.I ~ I Š~'; I- ,; ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ \í1: li'.I ~,j ~I § (q .K;-=-" personally appeared James E. McInerny Narne(s)ofSigner(s) ~ personally known to me o proved to me on the basis of satisfactory evidence to be the personM'whose nama{<!)"" is/are subscribed to the within instrument and acknowledged to me that he/strê/tbey executed the same in his/þeI(! ¡eir' authorized capacitYkiesr: and that by his/berltl>eff signatureW...5ií the instrument the person¡sr. or the entity upon behalf of which the person(:> '"' acted, executed the instrument. . NO"MAA GOOD - .1.>.' CO ,. < . ~-':~ mm!SSiOn #- 12[":;;506 z;~...-¿~-- 10.1. -~'" Z n~ ", -:':Wf- "'OTart Pu"" !.~- - C ,': . :2: J, ~<~i: la, u_~ a",omIQ $' ......i'~~~ :0 A'1,g"2!es CO! 'my ~ ~ ~~..~.;;;:":"':~~.~~~ OPTIONAL Though the infol1Tlation below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: o Individual o Corporate Officer - Title(s): o Partner - 0 Limited 0 General o Altomey,in,Fact o Trustee o Guardian or Conservator o Other: , Top of thumb here Signer Is Representing: '. - . - . - -~-~=-~--...:. ~ ~ - - «:11999 National Notary Association' 9350 De SOlO Ave., P.O. Box 2402' ChatsworIh, CA 91313·2402' www.ßabonelno\ery.org Pmd. No. 5907 Reorder: CaJIToIJ..Free 1-800-876-6827 5-~1 -I 1 1 -I " " -] -, ~ ~ ~ I~,' ,I ~-: -I -I ~ I -I -I 'I --,..::..Q;. IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President and their corporate seals to be hereto affixed this 27th day ofFebruaxy 2002. STATE OF CONNECTICUT )58. Hartford COUNTY OF HARTFORD 'IRA VELERS CASUALTY AND SURETY COMPANY OF AMERICA 'IRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY ?~~-~~~¿j - By , George W. Thompson Senior Vice President On this 27th day of February, 2002 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA; TRAVELERS CASUALTY'AND SURE1'YCOMPANYand FARMINGTON CASUALTY COMPANY, the corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations bv authority ofhislher office under the Standing Resolutions thereof. . f'r\~ Co ~ My commission expires June 30, 2006 Notary Public Marie C. Tetreault CERTIFICATE I. the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA. TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority, are now in force. Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut Dated this 15th day of May ,2002. ~~ ,/' ~ P~'!i. ~~,cONN. J# ~~ ~- M- r--. þl- By ~ Kori M. Johanson Assistant Secretary, Bond . ' / y? ==' ,..... c..p v " Exhibit "C" Bond for Labor and Material of Otay Lakes Road Improvements BOND FOR MATERIAL AND LABOR File No.: jiol- oo.¡¡; Bond No.: 103828708 Prenriunl:Inc1 in Perf Bond Issued 1n Tr1plicate l(To Be Used With Subdivision Improvement Agreement) I WHEREAS, the City Council of the City ofChula Vista, County of San Diego, State of California, and The ~~~tl ~ke rl)lI'pany,' L(, (hereinafter "Principal'') have entered into a Subdivision Improvement Agreement (hereinafter referred to as "agreement'') whereby Principal agrees to install and complete certain designated public improvements, which said Agreement, dated . 20~ and identified as project Otav Lakes Road ImDrovements from East "H" Street to Telegraph Canyon Road is hereby referred to and made a part hereof; and, WHEREAS, under the tenns of said Agreement, Principal is required, before entering upon the perfonnance of the worle, to file a good and sufficient payment bond with the City of Chula Vista to secure the claims to which reference is made in Title 15 (cpmmencing with Section 3082), Part 4, Division 3, of the Civil CooeoftheSbteofCalifonú~ NOW THEREFORE, said Principal and Travel ers Casual ty and <;lIrøty r.nmpany of Ameri ca , a corporation of the Sbte of . (hereinafter "Surety''), are held and fimùy bound unto the City ofChula Vista, a municipal corporation (hereinafter "City'') in the County of San Diego, State of California, and all conlIactor.¡, subcontractor.¡, laborer.;, material, men and other per.¡ons employed in the performance of the aforesaid Am.9l~xtV¥.rÆW in the aforesaid Code of Civil Procedure in the sum of nn ~ I:1'Mr'ori ci>rtØl'n R. m dollars,($ 1,060,116.00¡,lawfulmoneyoftheUnited States, for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all pen;ons, companies and corpot1ltions entitled to file claims under Title 15 (commencing with Section 3082), Part 4, Division 3, of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond Should the condition of this bond be fully perfonned, then this obligation shall become null and void, otherwise, it shall be and remain in full force and effect The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the tenns of the Agreement or to the work to be perfonned thereunder or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the tenns of the Agreement or to the work or to the specifications. 5'-07 IN WI1NESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on Ma v 1 5 , 20-112-. The EastLake Company, LLC Name Of~i~~'Pal ~pJicant) I By M/ ~1. cl;.rt mith Jli,ce ¥7fs.ident By ~~t\It\ç-/ Debi Roth-Klingner Viée Prestgf~~708 Travelers Casualty and Surety Company of America Name of Surety Company BY~{>. %í¡g;/ð'",~~r" ,,,' 1414 Fatr Oaks #3 Address of Surety Company South Pasadena, CA 91030 City State Zip Code BondIPoJicy No. ABOVE-SIGNATORIES MUST BE NOTARIZED APPROVED AS TO FORM: f~C !À), City A ~ 5'-7() STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) On this 16th day of May , 20.Jl.L., before me, Dpn;!':p M !':m; t-h a Notary Public in and for said State, personally appeared Curt Smith personally known to me (or roved to me on the basis of satisfacto evidence to be the personW whose name i e subscribed to the within instrument and acknowledged to me that awshe/they executed the same in(!iWher/their authorized capacity(jes), and that b~er/their signatureW on the instrument the personW, or the entity upon behalf of which the personW' acted, executed the instrument. WITNESS my hand and official seal. Signature ~ /J1 r ~ NOTARY PUBLIC (SEAL) r G~ _~SMffii '1 lJ_ICIIMYPIIII~ ~ J-: . -~1 STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) On this 16th day of May , 20...D2.., before me, Dpn;!':p M !':mH-J, a notary Public in and for said State, personally appeared Debi Roth-Klingner personally known to me (or roved to me on the basis of satisfactory evidence) to be the person{;s1 whose name(ß1 s e subscribed to the within instrument and acknowledged to me that he~they executed the same in his&'their authorized capaci~, and that by hi~eir signature~ on the instrument the person~, or the entity upon behalf of which the personW acted, executed the instrument. WITNESS my hand and official seal. (SEAL) r 'øS~~' ~. ~la l Signature ~ '1M _ ~ 5/7/ CALIFORNIA ALL·PURPOSE ACKNOWLEDGMENT ~~ ~ ~ I State of Califomia County of Los Angeles } ss. Norma A Good, Notary Public Name and Title 01 Officer (e.g., "Jane Doe. Notary Publicl MrTnprn~ Name(s)01 Signer(s ~ personally known to me o proved to me on the basis of satisfactory evidence to be the persor¡(8 ' whose nam$) islare subscribed to the within instrument and acknowledged to me that he/sRelthily executed the same In his/ )er/tReir authorized capacity()eS'(. and that by his/ ¡er/t~r signature(sj-1)n the instrument the perso$), or the entity upon behalf of which the person(s) acted, executed the Instrument. SignalureolN OPTIONAL Though the information below is nor required by law; it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Document Date: Number of Pages: . Top of thumb here ~ - , ~ . - -, On May 15, 2002 before me, C 1999 Naliooal Notary Association· 9350 De Solo Ave., P.O. Box 2402· ClIa\Sw(ll'1h, CA 91313-2402· www.natiol'latnotary.org D... personally appeared ~;:¡mp, F I, @ I I 1 NORt,,AA GOOD Commlss;CM # 1205506 ~ RJ'~·;(:t Natcrf PubE;: - CaHfomia ~ ] '-.~~;,';./ Los Anga'es Coumy ~- fi -;:....:'.. f.,-'"yO-,m"71;::.......:'T..~~1820J2 l~.,.~.,~ .......:_~___,.::::_~.~~'~~~ I: I I 1 1 Description of Attached Document Title or Type of Document Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: o Individual o Corporate Officer - Title(s): o Partner - 0 Limited 0 General o Altorney,in,Fact o Trustee o Guardian or Conservator o Other: I, I Signer Is Representing: I, ~ Prod. No. 5907 Reorder.CaIlTolI·Free1-SQO.S76--6827 5 -7¿).., ," ,] 'I ,] 'I 'I ,] ,I " ,I 'I ~ , I 1 'I ,I IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President and their corporate seals to be hereto affixed this 27th day ofFebnwy 2002. STAlE OF CONNECTICUT } 5S. Hartford COUNTY OF HARTFORD TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY ~(:1"~7-5i~ /' . ' - - By George W. Thompson Senior Vice President On this 27th clay of Febroary, 2002 before me personally came GEORGEW: mOMPSON to me known, who, being by me duly sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations described in and wlúch executed the above insttument; that he/she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; and that helshe executed the said ÌDStI\IIIIeI1t on behalf of the corporations by authority of hislher office under the Standing Resolutions thereat: 'r'<\~ c. ~ My commission expires June 30, 2006 Notary Public Marie C. Tetreault CERTlFlCATE I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY, AND, SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore; that' the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority, are now in force. Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut Dated this May ,2002. 15th clay of ~-M-r--¡1- By ,~ Korl M. Johanson Assistant Secretary, Bond 5-73 RESOLUTION NO.2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 01- 0 9, EASTLAKE I II WOODS NEIGHBORHOODS WR-l AND WR-3 REQUIRING EASTLAKE COMPANY, LLC TO COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF RESOLUTION NO. 2001-269, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the developer has Subdivision Improvement Agreement to conditions of City Council Resolution No. executed a Supplemental satisfy the remaining 2001-269. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the Supplemental Subdivision Improvement Agreement for Chula Vista Tract No. 01-09, Eastlake III Woods Neighborhood WR-1 and WR-3 requiring EastLake Company, LLC to comply with certain unfulfilled conditions of Resolution No. 2001-269, 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. Presented by Approved as to form by John P. Lippitt Director of Public Works ~n~CM~- City Attorney J,\Attorney\Reso\SSIA EL III Woods WR-l & WR-3 5-";'1 THE A TT ACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALL Y SIGNED UPON APPROVAL BY THE CITY COUNCIL ~~~ ohn M. Kaheny City Attorney Dated: .) ~ (to ~O L Supplemental Subdivision Improvement Agreement for EL III Woods Neighborhoods WR-l and WR-3 5-75 RECORDING REQUEST BY: City Clerk ) ) ) ) ) ) ) ) ) ) ) Above Space for Recorder's Use EW-006F WHEN RECORDED MAIL TO: CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA 91910 SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR THE FINAL MAP OF EASTLAKE III WOODS, NEIGHBORHOODS WR-1 & WR-3, CHULA VISTA TRACT NO. 01-09 (Conditions 1, 2, 5, 6, 10, 11, 12, 18, 24, 98, 99, 100, 101, 104, 105, 106, 107, 108, 118, 137, 159, 160, 161, 162, 165, 166, 167, 172, 175, 176, 177 of Resolution 2001-269) 41, 68, 70, 71, 76, 109, 110, 112, 117, 168, 169, 170, 171, This Supplemental Subdivision Improvement Agreement ("Agreement") is made this day of , 2002, by and between THE CITY OF CHULA VISTA, California (" City" for recording purposes only) and the signators of this Agreement, EASTLAKE COMPANY LLC, a California Limited Liability Corporation ("Developer" or "Owner"), with reference to the facts set forth below, which recitals constitute a part of this Agreement: RECITALS A. This Agreement concerns and affects certain real property located in Chula Vista, California, more particularly described on Exhibit "A" attached hereto and incorporated herein ("Property"). The Property is within approved Tentative 1 <ð-7(¡, Subdivision Map Chula Vista Tract 01-09 Eastlake III Woods and Vistas and is commonly known as Eastlake III Woods Neighborhoods WR-1 & WR-3. For purposes of this Agreement the term "Project" shall also mean "Property". B. "Owner" or "Developer" means the person, persons or entity having a legal or an equitable interest in the property or parts thereof and includes Owner's, successors- in-interest and assigns of any property within the boundaries of the Property. D. Developer or Developer's predecessor in interest has applied for and the City has approved Tentative Subdivision Map commonly referred to as Chula Vista Tract 01-09 ("Tentative Subdivision Map" or Tentative Map") for the subdivision of the Property, E. The City has adopted Resolution No. 2001-269 ("Resolution") pursuant to which it has approved the Tentative Subdivision Map subject to certain conditions as more particularly described in the Resolution. F. Developer has requested the City's approval of a final subdivision map for the Property. G. City is willing, on the premises, conditions herein contained to approve the Developer has applied as being in substantial Tentative Subdivision Map. security, terms and Final Map for which conformance with the H, The following defined terms shall have the meaning set forth herein, unless otherwise specifically indicated: a. the final WR-3. For purposes of this Agreement, "Final Map" means map for Eastlake III Woods Neighborhoods WR-1 & b. "Complete Construction" construction of the improvements have inspected and accepted by the City. shall mean that completed and have been c. "Guest Builder" means those interest in the Property or a portion the Final Map has been recorded. entities obtaining any of the Property, after d. "FSEIR 01-01" means Final Subsequent Environmental Impact Report and first and second addendums thereto. 2 ¿r)"/' ...;;- e. "SPA Plan" means the Eastlake III Sectional Planning Area Plan as adopted by the City Council on July 17, 2001 pursuant to Resolution No. 2001-220. f. "PFFP" means the Eastlake III Woods & Vistas Public Facilities Financing Plan adopted by Resolution No. 2001-220, and as may be further amended from time to time. g. "Parks Master Plan" means the City-wide Parks Master Plan, subject to future City Council approval. h. "Improvement Plans" means all the onsite and offsite improvements required to serve the lots created by the Final Map, in accordance wi th improvement plans to be approved by the City. Said improvements shall include, but not limited to, asphalt concrete pavement, base, concrete curb, gutter and sidewalk, sewer, reclaimed and potable water utilities, drainage facilities, street lights, signage, landscaping, irrigation, fencing and fire hydrants. NOW, THEREFORE, in exchange for the mutual covenants, terms and conditions herein contained, the parties agree as set forth below. 1. Agreement Applicable to Subsequent Owners. a. Agreement Binding Upon Successors. This Agreement shall be binding upon and inure to the benefit of the successors, assigns and interests of the parties as to any or all of the Property as described on Exhibit "A" until released by the mutual consent of the parties. b. Agreement Runs with the Land. The burden of the covenants contained in this Agreement ("Burden") is for the benefit of the Property and the City, its successors and assigns and any successor in interest thereto. Ci ty is deemed the beneficiary of such covenants for and in its own right and for the purposes of protecting the interest of the community and other parties public or private, in whose favor and for whose benefit of such covenants running with the land have been provided without regard to whether City has been, remained or are owners of any particular land or interest therein. If such covenants are breached, the City shall have the right to exercise all rights and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach 3 S-7? to which it or any other beneficiaries of this agreement and the covenants may be entitled, c. Developer Release on Guest Builder Assignments. If Developer assigns any portion of the Project to a Guest Builder, Developer may request to be released from Developer's obligations under this Agreement, that are expressly assumed by the Guest Builder, provided Developer obtains the prior written consent of the City to such release. Such assignment to the Guest Builder shall, however, be subj ect to this Agreement and the Burden of this Agreement shall remain a covenant running with the land. The City shall not withhold its consent to any such request for a release so long as the assignee acknowledges that the Burden of the Agreement runs with the land, assumes the obligations of the Developer under this Agreement, and demonstrates, to the satisfaction of the City, its ability to perform its obligations under this Agreement as it relates to the portion of the Project which is being acquired by the Assignee. d. Partial Release of Developer's Assignees. If Developer assigns any portion of the Project subject to the Burden of this Agreement, upon request by the Developer or its assignee, the City shall release the assignee of the Burden of this Agreement as to such assigned portion if such portion has complied with the requirements of this Agreement to the satisfaction of the City and such partial release will not, in the opinion of the City, jeopardize the likelihood that the remainder of the Burden will not be completed. e. Release of Individual Lots. Upon the occurrence of any of the following events, Developer shall, upon receipt of the prior written consent of the City Manager (or Manager's designee), have the right to release any lot(s) from Developer's obligation under this Agreement: i. The execution of a purchase agreement for the sale of a residential lot to a buyer of an individual housing unit; ii . The Association; conveyance of a lot to a Homeowner's iii. The conveyance of a school site as identified in the SPA Plan to a school district; 4 " 'j' "1" '¿.--, ....1 The City shall not withhold its consent to such release so long as the City finds in good faith that such release will not jeopardize the City's assurance that the obligations set forth in this Agreement will be performed. At the request of the Developer, the City Manager (or Manager's designee) shall execute an instrument drafted by Developer in a recordable form acceptable to the City Manager (or Manager's designee), which confirms the release of such lot or parcel from the encumbrance of this Agreement. Notwithstanding the foregoing, at the close of an individual homeowner's escrow on any lot or parcel encumbered by this Agreement, such lot or parcel shall be automatically released from the encumbrance hereof. 2. Condition No. 1 (General Preliminary). In satisfaction of Condition 1 of the Resolution, Developer hereby agrees, to comply with all of the terms, covenants and conditions 'contained herein shall be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Developer as to any or all of the property 3. Condition No. 2 (General Preliminary) . In satisfaction of Condition No. 2 of the Resolution, Developer hereby agrees to comply, remain in compliance and implement, the terms, conditions and provisions, as are applicable to the property which is the subject matter of this Tentative Map, of: 1) Eastlake III General Development Plan (GDP); 2) Eastlake III Sectional Planning Area (SPA) Plan; 3) Eastlake III Design Guidelines; 4) Eastlake III Public Facilities Financing Plan; and 5) Eastlake Comprehensive Affordable Housing Program all approved by the City Council on July 17, 2001 by Resolution No. 2001-220 and the Eastlake III Planned Community District Regulation and Land Use Map approved by City Council Ordinance No. 2839 on July 24, 2001. The Developer shall enter into an agreement with the City, providing the City with such security (including recordation of covenants running with the land) and implementation procedures as the City may required to comply with the above regulatory documents. Said Agreement shall also ensure that, after approval of the final map, the developer will continue to comply, remain in compliance, and implement such Plans. 4. Condition No. 5 (General Preliminary) . In satisfaction of Condition No. 5 of the Resolution, Developer hereby agrees that if any of the terms, covenants or conditions contained herein shall fail to occur, or if they are, by their 5 :;...go terms, to be implemented and maintained over time, and if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, including issuance of building permits; deny, or further condition the subsequent approvals that are derived from the approvals herein granted; and institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The Developer shall be notified ten (10) days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City within a reasonable and diligent time frame. 5. Condition No. 6 (General Preliminary). In satisfaction of Condition No. 6 of the Resolution, Developer hereby agrees to indemnify, protect, defend and hold the City harmless from and against any and all claims, liabilities and costs, including attorney's fees, arising from challenges to FSEIR 01-01 for the Project and/or any or all entitlements and approvals issued by the City in connection with the Project. 6. Condition No. 10 - (Woods Drive Improvements acceptance by the City). In partial satisfaction of Condition No. 10 regarding the dedication to the City on the Final Map of Woods Drive for public right-of-way purposes, Developer hereby agrees that prior to the City acceptance of the improvements and release of Faithful Performance and Labor & Material Bonds for Eastlake III Woods neighborhoods WR-l & WR-3 improvements, Developer shall provide evidence acceptable to the City Engineer that said Woods Drive right-of way is free and clear of all encumbrances or a subordination agreement has been entered into to the satisfaction of the City Engineer. The encumbrances to be cleared or subordinated shall include, but not be limited to, the existing 3D-foot easement to Pacific Bell granted per document recorded March 6, 2002 as File No. 2002-0189273 as well as any other existing encumbrance on said Woods Drive as required by the City Engineer. 7. Condition No. 11 (Enviromnental/Preservation) . In satisfaction of Condition 11 of the Resolution, Developer hereby agrees, to implement, to the satisfaction of the Director 'of Planning and Building, all applicable mitigation measures identified in FSEIR-01-01 and subsequent addendums, the CEQA Findings of Fact and the Mitigation Monitoring and Reporting Program for the Eastlake III Project, in accordance with the 6 5-81 requirements, provisions and schedules contained therein, and as further specified in these Tentative Map conditions, Modification of the sequence of mitigation shall be at the discretion of the Director of Planning and Building should changes in circumstances warrant such a revision. If any permits are required to be obtained by Developer as set forth herein, Developer shall obtain said permits with applicable agencies in consultation with the City. 8. Condi tion No. 12 (Environmental/Preservation) . In satisfaction of Condition 12 of the Resolution, Developer hereby agrees, to implement, or cause the implementation of all mitigation measures pertaining to the Project FSEIR 01-01 and subsequent addendums. Any such measures not satisfied by a specific condition of this Resolution or by the project design shall be implemented to the satisfaction of the Director of Planning and Building. Mitigation Measures shall be monitored via the Mitigation Monitoring and Reporting Program approved in conjunction with FSEIR-OI-0l and subsequent addendums. Modification of the sequence of mitigation shall be at the discretion of the Director of Planning and Building should changes in the circumstances warrant such revision. 9. Condition No. 18 - (Street Trees). Condition No. 18 of the Resolution, Developer following: In satisfaction of hereby agrees to the a. Install all street trees in accordance with Section 18.32.10 of the Chula Vista Municipal Code, the City' s Landscape Manual and approved cross-sections in the Eastlake III SPA plan; or as otherwise approved by the Director of Parks and Recreation and Director of Public Works. b. Provide any and all conditions as requested by the Director of for those trees identified in the SPA installation conditions. special installation Parks and Recreation as having special c. Show street trees on the landscape and irrigation plans for approval by the Director of Parks and Recreation and the Director of Public Works. Approval of the street tree improvement plans shall constitute final approval of the species selection of street trees. Location of trees and planters shall be contingent upon the location of street signs. Under no circumstance shall a tree or shrub block the visibility of any street sign, regulatory, 7 5- o::¿c?-- warning or guide traffic signs. 10. Condition following: Condition No 24 - (ADA Standards). In satisfaction of 24 of the Resolution Developer hereby agrees to the a. To construct sidewalks and pedestrian ramps on all walkways to comply with the "Americans with Disabilities Act" (ADA) standards, as approved by the City Engineer. b. That in the event the Federal Government adopts new ADA standards for street rights-of-way, which are in conflict with the standards and approvals for the Project, all such approvals conflicting with those new standards shall be updated to reflect the new standards. Unless otherwise required by federal law, City ADA standards may be considered vested, as determined by federal regulations, once construction has commenced. 11. Condition No 41 - (Street Name Signs). In satisfaction of Condition 41 of the Resolution, Developer agrees to install permanent street name signs prior to the issuance of the first building permit for the Final Map. 12. Condition No 68 - (Impacts to Environmentally Sensitive Areas) . In satisfaction of Condition 68 of the Resolution, Developer agrees to avoid indirect impacts on the Otay Tarplant Preserve, Preserve Lands, Salt Creek wetlands, and Otay Lakes, Developer further agrees that fertilizers, herbicides and pesticides shall not be applied to the manufactured slopes along the eastern periphery of the Woods and Vistas parcels that drain to Otay Lakes, or to the manufactured slopes immediately adjacent to Salt Creek. In addition, Developer agrees that potable water shall be used for irrigation on the manufactured slopes along the eastern periphery of the Woods and Vistas parcels that drain to Otay Lakes. 13. Condition No 70 (LOMR Letter). In satisfaction of Condition 70 of the Resolution, Developer agrees that prior to acceptance of the two Woods detention basins and release of the grading bond by the City, Developer shall obtain a Letter of Map Revision (LOMR) from the Federal Emergency Management Agency revising the current National Flood Insurance Program Maps of the Salt Creek Channel to reflect the effect of the Salt Creek drainage improvements 8 '5 ~. g3 14. Condition No 71 (No Protest of Funding Mechanism). In satisfaction of Condition 71 of the Resolution, Developer agrees not to protest the formation of a financing district or any other funding mechanism as approved by the City for the maintenance of the entire Salt Creek drainage basin. The Developer further agrees to finance the formation of such a district on a fair share basis. 15. Condition No 76 (National Pollutant Discharge Elimination System). In satisfaction of Condition 76 of the Resolution, the Developer agrees to comply with all applicable regulations established by the United States Environmental Protection Agency (USEPA), as set forth in the National Pollutant Discharge Elimination System (NPDES), permit requirements for urban runoff and storm water discharge, the Clean Water Act, and any regulations adopted by the City of Chula Vista, pursuant to the NPDES regulations or requirements. Further, the Developer shall file a Notice of Intent with the State Water Resources Control Board to obtain coverage under the NPDES General Permit for Storm Water Discharges Associated with Construction Activity and shall implement a Storm Water Pollution Prevention Plan (SWPPP) concurrent with the commencement of grading activities. The SWPPP shall include both construction and post construction pollution prevention and pollution control measures and shall identify funding mechanisms for post construction control measures. The developer shall comply with all the provisions of the NPDES and the Clean Water Program during and after all phases of the development process, including, but not limited to, mass grading, rough grading, construction of street and landscaping improvements, and construction of dwelling units. The Developer shall design the Project storm drains and other drainage facilities to include Best Management Practices to minimize non- point source pollution, to the satisfaction of the City Engineer. 16. Condition No. 98 (Encroachment Permit) . In satisfaction of Condition No. 98 of the Resolution, Developer hereby agrees to apply and obtain an encroachment permit prior to the installation of private facilities within the public right of way. The Developer shall maintain, in perpetuity, membership in an advance notice such as the USA Dig Alert Service and shall cause any private facilities owned by the Developer to be marked out whenever work is performed in the area, and shall install shutoff devices at those locations. 9 ~~·g1 17. Condition No. 99 - (Withhold Bui1ding Permits and Hold Harm1ess). In satisfaction of Condition No. 99 of the Resolution, Developer understands and agrees that the performance of Developer's obligations hereunder is required for the health and safety of the residents of its Project. Therefore Developer agrees: a. That the City may withhold building permits for the subject subdivision if anyone of the following occurs: i. Regional development threshold limits set by the East Chula Vista Transportation Phasing Plan, as amended from time to time, have been reached or in order to have the Project comply with the Growth Management Program as may be amended from time to time. ii. Traffic volumes, levels of service, public utilities and/or services either exceed the adopted City threshold standards or fail to comply with then effective Growth Management Ordinance, and Growth Management Program and any amendments thereto. Public utilities shall include, but not be limited to, air quality, drainage, sewer and water. Not be limited to, air quality, drainage, sewer and water. iii. The required public facilities, as identified in the PFFP, or as amended or otherwise conditioned have not been completed or constructed to the satisfaction of the City. The Developer may propose changes in the timing and sequencing of development and the construction of improvements affected. In such case, the PFFP may be amended, as approved by the City's Director of Planning and Building and the Public Works Director. b. That, on the condition that City shall promptly notify the Developer of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense, the Developer shall defend, indemnify, and hold harmless the City, and its agents, officers and employees, from any claim, action or proceeding against the City, or its agents, officers or employees, to attack, set aside, void or annul any approval by the City, including approvals by its Planning Commission, City Council, or any approval by its agents, officers, or employees with regard to this subdivision pursuant to Section 66499.37 of the State Map Act. c. That cable television companies franchised by the City of Chula Vista have equal opportunity to place conduit and provide 10 5"-g5 cable television service for each lot or unit within the Tentative Map area. Developer further agrees to grant, by license or easement, and for the benefit of, and to be enforceable by, the City of Chula Vista, conditional access to cable television conduit within the properties situated within the final map only to those cable television companies franchised by the City of Chula Vista, the condition of such grant being that: (i) such access is coordinated with Developer's construction schedule so that it does not delay or impede Developer's construction schedule and does not require the trenches to be reopened to accommodate that placement of such conduits; and (ii) any such cable company is and remains in compliance with, and promises to remain in compliance with the terms and conditions of the franchise and with all other rules, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may from time to time be, issued by the City of Chula Vista. Developer hereby conveys to the City of Chula Vista the authority to enforce said covenant by such remedies as the City determines appropriate, including revocation of said grant upon determination by the City of Chula Vista that they have violated the conditions of grant. d. That the City may withhold the issuance of building permits for the Project, should the Developer be determined by the City to be in breach of any of the terms of the Tentative Map Conditions or any Supplemental Agreement. The City shall provide the Developer of notice of such determination and allow the Developer reasonable time to cure said breach. e. That, on the condition that City shall promptly notify the Developer of arty claim, action or proceeding, Developer shall defend, indemnify, and hold harmless the City, and its agents, officers and employees, from any claim, action, or proceeding against the City, or its agents, officers or employees, related to erosion, siltation or increased flow of drainage resulting from the Property. City agrees to reasonably cooperate with Developer in the defense of any such action, claim or proceeding. f. That the Developer participate, on a fair share basis, in any deficiency plan or financial program adopted by SANDAG to comply with the Congestion Management Program (CMP). g. To fee program construction not protest formation of any future regional impact or facilities benefit district to finance the of regional facilities described in the Eastlake III 11 5-~fo GDP and Eastlake III PFFP. This agreement to not protest the inclusion of these public improvements shall not be deemed a waiver of the right to challenge the amount of any fee, which may be imposed due to these new improvements and shall not interfere with the right of any person to vote in a secret ballot election. 18. Condition No 100 satisfaction of Condition No. shall comply with all previous Project. (Previous Agreements). In 100 of the Resolution, Developer agreements as they pertain to the 19. Condition No 101 - (Street Sweeping). In satisfaction of Condition No. 101 of the Resolution, Developer shall contract with the City's current street sweeping franchise, or other server approved by the Director of Public Works to provide street sweeplng for each phase of development on a frequency and level of service comparable to that provided for similar areas of the City. Developer further agrees to cause street sweeping to commence immediately after the final residence, in each phase, is occupied and shall continue sweeping until such time that the City has accepted the street, or 60 days after the completion of all punch list items, whichever is shorter. Developer further agrees to provide the City Special Operations Manager with a copy of the memo requesting street sweeping service, which shall include a map of areas to be swept and the date the sweeping will begin. 20. Condition Nos. 104, 105, and 106 (Air Quality Improvement Plan, AQIP) - In satisfaction of Conditions No. 104, 105, and 106 Developer hereby agrees that no later than May 22, 2002, the Developer shall have had the Air Quality Improvement Plan (AQIP) Developer prepared for the Project acted upon by the Planning Commission and City Council. The Developer agrees to implement the final approved measures and include the measures as part of the Project. The Developer further: 1) agrees to comply and remain in compliance with the AQIP; 2) waives any claim that adoption of the final AQIP constitutes an improper subsequent imposition of the condition; 3) acknowledges that the City Council may, from time-to-time, modify air quality improvement and energy conservation measures related to new development as various technologies and/or programs change or become available; and 4) agrees prior to or concurrent with each Final Map for the Project to modify the AQIP to incorporate those new measures which are in effect at the time. Developer further acknowledges that the new measures shall apply, as applicable, to development within all future final map areas, but shall not be retroactive to those 12 ~-8Î areas which receive final map approval prior to effect of the subject new measures, 21. Condition Nos. 107, 108, and 109 - (Water Conservation Plan, WCP) - In satisfaction of Conditions No. 107, 108, and 109 Developer hereby agrees that no later than May 22, 2002, the Developer shall have had the Water Conservation Plan (WCP) Developer prepared for the Project which incorporates the pilot Study recommendations, acted upon by the Planning Commission and City Council. The Developer hereby agrees to implement the final approved measures and include the measures as part of the Project. The Developer further: 1) agrees to comply and remain in compliance with the WCP; 2) waives any claim that the adoption of a final WCP constitutes an improper subsequent imposition of the condition; 3) acknowledges that the City Council may, from time- to-time, modify water conservation measures related to new development as various technologies and/or programs change or become available; and 4) agrees prior to or concurrent with each final map for the Project to modify the WCP to incorporate those new measures, which are in effect at the time, Developer further acknowledges that the new measures shall apply to development within all future final map areas, but shall not be retroactive to those areas which received final map approval prior to effect of the subject measures. 22. Condition No 110 - (Noise Levels) - In satisfaction of Condition No. 110 Developer hereby agrees that prior to issuance of building permits (including model home permits) for the Property, the Developer shall submit a detailed acoustical analysis to the City's Environmental Review Coordinator prepared by a qualified acoustical consultant that demonstrates that the building structure is adequately designed such that second-floor interior noise levels, due to exterior sources, will be at or below the 45 CNEL interior standard. Developer acknowledges and agrees that where exterior noise levels exceed 60 CNEL, additional measures shall be required to be implemented by the Developer to attenuate interior noise to the 45 CNEL standard in compliance with the noise mitigation measures required in the Mitigation Monitoring Reporting Program. 23. Condition No 112 - (Community Facilities District). In satisfaction of Condition No. 112 of the Resolution, Developer hereby agrees to the following: a. Communi tv Facilities District. That formation of a 13 c:; -'6 g Community Facilities District ("CFD") for funding the maintenance of public landscaping and water quality treatment improvements and facilities ("Maintenance Obl'igations") shall be submitted to City Council for approval prior to issuance of the first production home building permit for the Project. Developer further acknowledges and agrees that if Council does not approve the CFD formation, some other financing mechanism acceptable to the City, such as homeowners association, or an endowment shall be in place to secure the funding of the Maintenance Obligations ("Alternative Funding") , Developer further agrees that no production home building permit will be issued for the Project until the Alternative Funding has been approved by the City. b. Security for Maintenance Obliqations. Developer hereby agrees to the following: i. Concurrent with the execution of this Agreement, Developer agrees to furnish and deliver to the City a cash deposit or a letter of credit in the amount of $108,000 ("Maintenance Obligation Security") in a form and from an entity approved by the City Attorney to guarantee the payment of materials and labor in connection with the Maintenance Obligations. ii. In the event that City Council approves the formation of the CFD, the Maintenance Obligation Security, including any interest earned, shall be released and remitted to Developer upon approval by City Council of the formation of said maintenance CFD. iii. In the event that City Council does not approve the formation of the maintenance CFD, City may expend said Maintenance Obligation Security including any interest earnings for purposes of funding the Maintenance Obligations. In the event that the Maintenance Obligations are reduced or another funding mechanism is approved by the City, the City Engineer shall review at Developer's request, a reduction in the amount of the Maintenance Obligation Security. The City shall not unreasonably withhold approval of such request provided however that funding of the Maintenance Obligations is adequately secured as determined by the City Engineer at his/her sole discretion. 14 5...8~ c. Maintenance of public improvements and facilities shall be accomplished by the Developer for a minimum period of one year, or until such time as accepted into the open space district by the Director of Public Works. 24. Condition No 117 (Open Space Lots). In satisfaction of Condition No. 117 of the Resolution, Developer agrees to have future property owners of lots adjacent to open space lots sign a statement at the time of property purchase, indicating that they are aware and acknowledge that the perimeter walls within open space lots are the property of the Eastlake III HOA, and that they may not modify or supplement the wall, or encroach onto Open Space property. 25. Condition No 118 (Maintenance Agreement). In satisfaction of Condition No. 118 of the Resolution, Developer agrees that on or before 60 days from the date of Council approval of this Agreement, Developer shall submit for City's approval the grant of easements and maintenance agreement, in the form acceptable to the City Engineer and City Attorney, and other appropriate documentation, describing the maintenance standards and responsibility of the MHOA's for the Open Space Areas within the Eastlake III Project. Developer acknowledges that the MHOA's maintenance of the Open Space Areas may expose the City to liability. Developer agrees to establish the MHOA that will hold the City harmless from any negligence of the MHOA in the maintenance of such Open Space Areas. 26. Condition No 137 - (Street Trees). In satisfaction of Condition No. 137 of the Resolution, Developer agrees to immediately relocate, at its sole expense, the necessary above and/or underground utilities to accommodate the required street trees within the street tree planting easement if determined necessary by the Director of Parks and Recreation or the City Engineer. 27. Condition No. 159. (Fire Hydrants). In satisfaction of Condition No. 159 of the Resolution, Developer shall provide fire hydrants every 500 ft. for single-family residential units and every 300 ft. for multi-family residential units. Developer agrees that all hydrants shall be operable prior to delivery of combustible building materials, and minimum 20 ft. wide, all- weather fire access roads shall be in compliance with the U.F.C, or an alternative approved by the City's Fire Marshal shall be provided. 15 c; "q D 28. Condition No. 160. (Sprinkler Systems). In satisfaction of Condition No. 160 of the Resolution, Developer agrees to provide sprinkler systems in all homes that are on flag lots where any portion of exterior wall of first story is located more than 150 ft. from Fire Department access or as measured by local jurisdiction to the satisfaction of the City's Fire Marshall. 29. Condition No. 161. - (Fire Access). In satisfaction of Condition No. 161 of the Resolution, Developer agrees to provide, prior to issuance of the first building permit for the Project, a 20 foot wide hard surface access road and required fire hydrants with required water pressure to the satisfaction of the Fire Marshal. 30. Condition No. 162. (Fire Station Fee). In satisfaction of Condition No. 162 of the Resolution, Developer shall pay prior to issuance of each building permit Public Facility Fees at the rate in effect at the time building permits are issued. If the Permanent Fire Station has been constructed in Eastlake, the Developer shall be given credit, for costs related to construction of the permanent fire station. 31. Condition No. 165. (Code Requirements). In satisfaction of Condition No. 165 of the Resolution, Developer shall comply with all applicable sections of the Chula Vista Municipal Code including Chapter 15.04 "Grading Ordinance" as amended. Preparation of the Final Map and all plans shall be in accordance with the provisions of the Subdivision Map Act and the City of Chula Vista Subdivision Ordinance and Subdivision Manual. 32. Condition No. 166. (Underground Utilities). In satisfaction of Condition No. 166 of the Resolution, Developer agrees to underground all utilities within the subdivision in accordance with Municipal Code requirements to the satisfaction of the City Engineer. 33. Condition No. 167. (Federal, State, and Local regulations). In partial satisfaction of Condition No. 167 of the Resolution, Developer agrees to comply with all relevant Federal, State, and Local regulations, including the Clean Water Act. The developer shall be responsible for providing all required testing 16 :; -'(1/ and documentation to demonstrate said compliance as required by the City Engineer. 34. Condition No. 168 (Natural Channels in Open Space). In partial satisfaction of Condition No 168 of the Resolution, Developer agrees to comply with Council Policy No. 522-02 regarding maintenance of natural channels within open spaces, 35. Condition No. 169 (Watercourse and Floodplain). In partial satisfaction of Condition No 169 of the Resolution, Developer agrees to comply with Chula Vista Municipal code Sections 14.04 to 14.18 and 18.54 as amended for any work proposed within the watercourse and floodplain of Salt Creek. 36. Condition No. 170 - (Payment of Fees). In satisfaction of Condition No 170 of the Resolution, Developer agrees to Pay the amount of the following fees in accordance with City Code and Council Policy: a. The Transportation and Public Facilities Development Impact Fees. b. Signal Participation Fees. c. All applicable sewer fees, including but not limited to sewer connection fees. d. Interim SR-125 impact fee e. Salt Creek Sewer DIF f. Telegraph Canyon Pumped Sewer Basin DIF, if applicable. g. Poggi Canyon Pumped Sewer Basin DIF as may be adopted by the City in the future if applicable. 37. Condition No. 171 (Growth Management). In satisfaction of Condition No 171 of the Resolution, Developer shall comply with Chapter 19.09 of the Chula Vista Municipal Code (Growth Management) as may be amended from time to time by the City. Said chapter includes but is not limited to: threshold standards (19.09.04), public facilities finance plan implementation (19.09.090), and public facilities finance plan amendment procedures (19.09.100) 38. Condition No. 172 (Public Facilities). In satisfaction of Condition No 172 of the Resolution, Developer hereby agrees to the following: Install public facilities in accordance with the Eastlake III Public Facilities Finance Plan as may be amended from time to time, or as required by the City 17 5~ c¡;); Engineer to meet threshold standards adopted by the City of Chula Vista. The City Engineer and Director of Planning & Building may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such a revision. 39 . Condi tion No. 175 In satisfaction of Condition No hereby agrees to the following: (Master 175 of Home Owners Association). the Resolution, Developer a. Establishment of MHOA. Developer shall create a Master Homeowner's Association ("MHOA") to own and maintain in a professional manner open space areas, medians, parkways, Salt Creek wetlands mitigation area, or any other improvement not maintained by community facilities district, the City, or other entity. Developer agrees that the City has the right to withhold issuance of any building permits for Eastlake III project if no MHOA is established to maintain the Open Space Areas or the City has not approved the final version filed with the Department of Real Estate of the MHOA's Declaration of Conditions, Covenants and Restrictions (" CC&R' s") . The City shall approve any revision to such CC&R's, b. HOA Documentation. On or before 60 days from the date of Council approval of this Agreement, Developer shall submit for City's approval the CC&R' s. The MHOA shall be structured to allow annexation of future tentative map areas in the event the City Engineer and Director of Planning & Building requires such annexation of future tentative map areas. c. The Declaration of Covenants, Conditions, and Restrictions (CC&R's) shall be submitted to and subject to the approval of the City Engineer, City Attorney, Director of Planning & Building, Director of Parks & Recreation and Director of Public Works. The CC&R's shall include but not be limited to the following provisions and obligations of the Master Homeowners Association and/or any successor in interest (herein after collecti,;,ely referred to as "Master Homeowner Association MHOA)": i. Maintain all the facilities and improvements within the open space lots offered for dedication to the City until acceptance of the open space lots for maintenance by the community facilities district. ii. CC&R's that Before any revisions to provisions of the may particularly affect the City can become 18 5 -0;:3 effective, said revisions shall be approved by the City. The MHOA shall not seek approval from the City of said revisions without the prior consent of 100% of the holders of first mortgages or property owners within the MHOA. iii. The MHOA shall harmless from any claims, liability or loss related maintenance activities of the indemnify demands, to or MHOA. and hold the City causes of action arising from the iv. The MHOA shall City from the maintenance without the prior consent holders of first mortgages MHOA. not seek to be released by the obligations described herein of the City and 100% of the or property owners within the v. Should the MHOA seek to be released by the City from the maintenance obligations for the project's open space and trails, the MHOA shall first obtain written consent from the City and 100% of the property owners within the MHOA. vi. The MHOA is required to procure and maintain a policy of comprehensive general liability insurance written on a per occurrence basis in an amount not less than one million dollars combined single limit. The policy shall be acceptable to the City and name the City as additionally insured vii. The HOA shall be responsible for the regular maintenance of the Greenbelt and Community trails and open space. a maintenance program for the ordinary and usual maintenance of the trails shall be established with the approval of the City in order to minimize potential for erosion into lower Otay Reservoir. viii. The CC&R's shall incorporate restrictions for each lot adjoining open space lots containing walls maintained by the open space district to ensure that the property owners know that the walls may not be modified or supplemented nor may they encroach on City property. ix. The CC&R' s shall include provisions assuring MHOA membership in an advance notice such as the USA Dig Alert Service in perpetuity. 19 5 -'} ¥ x. The CC&Rs shall provide City the right, but not the CC&R provisions same as any include provisions that the obligation, to enforce owner in the Project. xi. The CC&R provisions setting forth restrictions in these Tentative map conditions may not be revised at any time without prior written permission of the City. xii. The MHOA shall not seek to dedicate or convey for public streets, land used for private streets without approval of 100% of all the HOA members or holders of first mortgages within the MHOA. xiii. The CC&Rs shall include the requirement to provide for the fair share of the cost of maintaining the existing detention basin and wetland restoration areas in the Eastlake Trails. xiv. CC&Rs shall include provisions establishing an HOA to assure maintenance of all open space areas and slopes including long term maintenance of the Salt Creek wetland mitigation area in perpetuity, as identified in the Eastlake III Woods and Vistas Conceptual Wetland Mitigation Plan, prepared by Helix Environmental Planning, Inc., all subject to approval by the City's Environmental Review Coordinator. xv. maintenance granite (DG) Provide within the master CC&Rs for the in perpetuity of all stabilized decomposed areas by a Homeowners Association. xvi. CC&Rs shall include provide for the following: 1) Repair and replacement of the proposed beveled curbs in the Woods. City will provide sweeping services for those streets with beveled curbs. the requirement to 2) Maintenance of the landscaped parkways along all streets containing detached sidewalks. 3) Maintenance of all decomposed granite (DG) areas. 20 5-0;5 40. Condition No. 176 - (DG Wa1kways free from Obstac1es). In satisfaction of condition No 176 of the Resolution, Developer hereby acknowledges and agrees that there shall be no vertical obstacles and obstructions such as public utility vaults, boxes, etc. placed within the decomposed granite (DG) walkways within the project. In the event of any such obstruction placed within the walkways, Developer agrees to immediately remove such obstructions, upon request of the City. 41. Condition No. 177 -(MHOA). In satisfaction of Condition No. 177 of the Resolution, Developer agrees that future property owners will be notified during escrow, by a document to be initialed by the owners, and approved by the City Engineer and Director of Planning, of the maintenance responsibilities of the MHOA and their estimated annual cost. 42. Pump Station and Storm Drain System Modifications. a. Improvement Work. Developer understands and agrees that, upon approval by the City of the construction plans for the ultimate improvements of Proctor Valley Road along the northerly boundary of the Project, Developer may be required by the City to perform and thereafter shall perform additional improvement work at the intersection of Proctor Valley Road and North Woods Drive. Said additional work may include, but is not limited to, the following activities ("Improvement Work") : i. Removal of the water quality treatment pump station and associated improvements located at the southeasterly corner of the intersection of Proctor Valley Road and North Woods Drive. ii. Modifications to the existing storm drain system constructed by Developer at the northerly terminus of North Woods Drive necessary to connect to the Proctor Valley Road storm drain system. iii. Processing of plans depicting the Improvement Work. Developer further understands and agrees that the City Engineer at his/her sole discretion shall determine the extent of the Improvement Work. Developer shall complete the Improvement Work, 21 5 .- '1 t¡, in strict conformity and in accordance with plans and specifications approved by the City Engineer within a period of one (1) year from receiving a notice to proceed in writing from the City Engineer. It is expressly understood and agreed to by the Developer that, in the performance of said Improvement Work, Developer shall conform to and abide by all the provisions of the ordinances, standards, and policies of the City of Chula Vista, and the laws of the State of California and federal law as applicable to said work. b. Securi tv for Improvement Work. agrees to the following: Developer hereby i. Concurrent with the execution Agreement, Developer agrees to furnish and the City a cash deposit in the amount ("Security Deposit") to guarantee the materials and labor in connection with the Work. of this deliver to of $41,420 payment of Improvement ii. In the event of Developer's default or partial default in the performance of Developer's Improvement Work obligations, City may expend said Security Deposit for purposes of financing said Improvement Work. In addition, Developer agrees to pay to the City any difference between the total costs incurred by the City to perform such Improvement Work and any proceeds from the Security Deposit. All interest earnings on the Security Deposit shall be retained by the City during the period determined necessary by the City Engineer to perform the Improvement Work. Any unexpended amount of the Security Deposit, including any interest earned, shall be released and remitted to Developer upon Completion of the Improvement Work set forth in this Agreement. iii. In the event that the Improvement Work obligations are reduced or the Security Deposit is replaced by another security approved by the City, the ci ty Engineer shall review at Developer's request, a reduction in the amount of the Security Deposit. The City shall not unreasonably withhold approval of such request provided however that the Improvement Work obligations are adequately secured as determined by the City Engineer at his/her sole discretion. 22 5-97 43. Satisfaction of Conditions. City agrees that the execution of this Agreement constitutes satisfaction or partial satisfaction of Developer's obligation of Condition Nos. 1, 2, 5, 6, 10, 11, 12, 18, 24, 41, 68, 70, 71, 76, 98, 99, 100, 101, 104, 105,106,107,108,109,110,112,117,118,137,159,160,161, 162, 165, 166, 167, 168, 169, 170, 171, 172, 175, 176, 177 of the Resolution. 44. Unfulfilled Conditions. Developer hereby agrees, unless otherwise conditioned, that Developer shall comply with all unfulfilled conditions of approval of the Tentative Map, established by the Resolution and shall remain in compliance with and implement the terms, conditions and provisions therein. 45. Assignability. Upon request of the Developer, any or all on-site duties and obligations set forth herein may be assigned to Developer's successor in interest if the 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 an assignment is requested, permit a substitution of securities by the successor in interest in place and stead of the original securities described herein so long as such substituted securities meet the criteria for security as set forth elsewhere in this Agreement. Such assignment will be in a form approved by the City Attorney. 46. Recording. This Agreement, or an abstract hereof shall be recorded simultaneously with the recordation of the Final Map. 47. Building Permits. Developer and Guest Builders acknowledge and agree that the City may withhold the issuance of building permits for the Project, should the Developer be determined by the City to be in breach of any of the terms of this Agreement. The City shall provide the Developer of notice of such determination and allow the Developer with reasonable time to cure said breach, 48. Miscellaneous. a. Notices. Agreement or by law, any and this Agreement or by law to party shall be in writing Unless otherwise provided in this all notices required or permitted by be served on or delivered to either and shall be deemed duly served, 23 5"--qg delivered, and received when personally delivered to the party to whom it is directed, or in lieu thereof, when three (3) business days have elapsed following deposit in the U.S. mail, certified or registered mail, return receipt requested, first-class postage prepaid, addressed to the address indicated in this Agreement. A party may change such address for the purpose of this paragraph by giving written notice of such change to the other party. CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA. 91910 Attn: Director of Public Works Developer: Eastlake Company, LLC 900 Lane Avenue, Suite 100 Chula Vista, CA 91914 Attn: Curt Smith, Vice President Tel: (619) 421-0127 A party may change such address for the purpose of this paragraph by giving written notice of such change to the other party in the manner provided in this paragraph. b. Captions. Captions in this Agreement are inserted for convenience of reference and do not define, describe or limit the scope or intent of this Agreement or any of its terms. c. Entire Agreement. This Agreement contains the entire agreement between the parties regarding the subject matter hereof. Any prior oral or written representations, agreements, understandings, and/or statements shall be of no force and effect. This Agreement is not intended to supersede or amend any other agreement between the parties unless expressly noted. d. Preparation of Agreement. No inference, assumption or presumption shall be drawn from the fact that a party or his attorney prepared and/or drafted this Agreement. It shall be conclusively presumed that both parties participated equally in the preparation and/or drafting this Agreement. 24 5 - Cì¡;;j e. Recitals; Attachments. Any recitals set forth above and exhibits attached hereto are incorporated by reference into this Agreement. f. Attorneys' Fees, If either party commences litigation for the judicial interpretation, reformation, enforcement or rescission hereof, the prevailing party will be entitled to a judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. [NEXT PAGE IS PAGE ONE OF TWO SIGNATURE PAGES] 25 s - /OD [PAGE ONE OF TWO SIGNATURE PAGES TO THE SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR THE FINAL MAP OF EASTLAKE III WOODS' NEIGHBORHOODS WR-1 & WR-3, CHuLA VISTA TRACT NO. 01-09] IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first hereinabove set forth. CITY OF CHULA VISTA Mayor Attest: Susan Bigelow City Clerk Approved as to form: John M. Kaheny City Attorney [NEXT PAGE IS PAGE TWO OF TWO SIGNATURE PAGES] 26 :5-101 [PAGE TWO OF TWO SIGNATURE PAGES TO THE SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR THE FINAL MAP OF EASTLAKE III WOODS NEIGHBORHOODS WR-1 & WR-3, CHULA VISTA TRACT NO. 01-09] DEVELOPER/OWNER: EASTLAKE COMPANY, LLC 900 LANE AVE, SUITE 100 CHULA VISTA, CA 91914 BY:~~ Title: BQ ~ .Qlu 1;::.\\1- Deb Rotn-Klingner Title: V~ce President (Attach Notary Acknowledgment) Vice President 27 6-/D'J-' CALIFORNIA ALL·PURPOSE ACKNOWLEDGMENT r:=~ ....... } ~ San Diego SS, ~, County of ¿ ~I I:",'. On May 20, 2D??2 beloreme. Silvana C. Brazell, notary public, 1 . Name andl1t1e ofOfllcer (e.g., "Jao, Doe, Notary Pubflc") ,~ personally appeared Curt Smith and Debi Roth Klingner N¡¡mø(s) of Signer(s) 'J I ::J (8 personally known to me ,I ~1 b proved to me on the basis of satisfactory ~ ::i::C:e person(s) whose name(s) ~are: ¡subscribed to the within instrument and -I ~ acknowledged to me that MI~/they executed 'I ~'è\~1 ~e- - - - -cSol~m~m~I.."-oCniRAZ1339- E9~2L2- rz ~:~aci~:(~:). i~nd ~;:;/thbe~r ~:;;~:~ ~ ¿; 1 = . r signature(s) on the instrument the pers6n(s), or 'I ~! ¡ Notary Public - Califomia ~ the entity upon behalf of which the person(s) " ~! ~ San Diego County t acted, executed the instrument. ,I P.I ' M)'CkWmt E;xpkes Fat> 12, 2006 ~' - -- -- -- - -- -- -' ~ - -- - WITNESS my hand and official seal. I ~ ~ : ~~I' , ' ~f£;",'<~ þ, ~ ~ ~ ~ ,hi OPTIONAL Þ! Ig Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent ~~ IE)I fraudulent removal and reattachment of this form to another document. ~,,, ('1 . !f~ ~ .g Description of Attached Document r6,'~.~, ~! Supplemental Subdivision Improvement Agreement [.1) II?I Title or Type of Document: þ' ~.?j Document Date: Number of Pages: l~ ~ il~!' (1 Signer(s) Other Than Named Above: ~ ) (I ~ (,'I' ~ " Capacity(ies) Claimed by Signer I> 9 ~ :~ Signer's Name: . '~*,: IQ! 0 Individual Top of thumb here -I ~ 0 Corporate Officer - litle(s): ~ '1 0 Partner - 0 Limited 0 General '" ~ 6 ~~o~~:y'in'Fact IJ 1'1 0 Guardian or Conservator I ~i 0 Other: ~ BI Signer Is Representing: ~ ~ ~ 5V(;!~'ç'~'{7,iÇt:;;~~:(JC~>S0Ç;''Q:.:ç(..~~~'ÇÇ~'?,%'g;.'Ç<;.~'Q'Ç~Çç.Q<;%~N~~§J®'Þ:::-~'%'§:V~v:''§{,)çz''~,»;J -1 'I " ,I = 1999 National Notary Assocla!íol1' 9350 D1I Soto Ave" P.O. Bo~ 2402· Chat$worth. CA 91313·2402' www.r\illíooalnotary.orç Prod,No.5907 Reorder: Call To\l-Free 1~OO·a76·6827 5-/03 Exhibit "A" Legal Description of Property Lots 1 through 141 together with Lots A through W of Chula Vista Tract No, 01-09, Eastlake III Woods, Neighborhoods WR-l & WR-3 in the City of Chula Vista, County of San Diego, State of California, according to Map thereof No. , filed in the Office of the County Recorder of San Diego County on , 2002, as File No. of Official Records. 28 5- /O.¡ CITY COUNCIL AGENDA STATEMENT / Item: Meeting Date: May 28, 2002 ITEM TITLE: Resolution Approving A Three-Year Agreement Between The City Of Chula Vista And The San Diego Unified Port District For Tidelands Maintenance Services On District Property Within The City Of Chula Vista In An Amount Not To Exceed $1,098,464.00 SUBMITrED BY: Director of Public Works~) ~ City Manager('¢~z'-/~ ~/ ,/ REVIEWED BY: /~, ~ (4/5th Vote: Yes __ No X ) The Port District has contracted park maintenance services from the City of Chula Vista to maintain Port District parks and other landscaped areas within Chula Vista since September 1977. The current three-year maintenance agreement between the City of Chula Vista and the San Diego Unified Port District will expire on June 30, 2002. A new three-year agreement is proposed to continue this arrangement. RECOMMENDATION: That Council adopt the Resolution to approve the agreement and authorize the Mayor to execute the agreement to provide maintenance services from July 1, 2002 through June 30, 2005. BOARD/COMMISSION RECOMMENDATION: Not applicable. DISCUSSION: On May 18, 1999, Council adopted Resolution #19474 to enter into a three-year maintenance agreement with the San Diego Unified Port District to provide grounds and comfort station maintenance to Port District property along the City's bay front area. A three-year agreement avoids the necessity of amending the agreement on a yearly basis and provides the flexibility to reapportion funds in accounts based on need as long as the total amount approved is not exceeded. The new three-year agreement will commence on July 1, 2002 and expire on June 30, 2005. The maximum consideration for each year is specified in the agreement as follows: Year Amount FY 2002/2003 $ 350,991 FY 2003/2004 365,778 FY 2004/2005 381,695 $1,098,465 The amounts were adjusted each year to reflect the negotiated City's MOU's, plus a 5% inflationary factor for the supplies and services and an administrative overhead fee to achieve full cost recovery. There are two minor modifications proposed in the new agreement. The changes are: K:\Public Works Operetions\Port District Three Year Agreement for Tidelands Maintenance.doc #1. Section 2. Duties. Definitions and Expectations The threshold for major maintenance cost is defined as; any cost less than $5,000 is the responsibility of the city. The previous agreement set the threshold at $1 ,000. In review of past major cost, the $1,000 threshold was exceeded only once in the past three years. In exchange for a higher threshold, the Port will include in the proposed budgets an additional $5,000 per year. #2. Exhibit B Maintenance Specifications Section 4.8.3 An additional $5,000 was included in the operating budget to provide weekly street sweeping to the port District's streets in the area. FISCAL IMPACT: there will be no fiscal impact to the City's general fund since the Port District reimburses the City on a quarterly basis for all approved expenditures and an administrative overhead fee to achieve full cost recovery. K:\Public Works Operations\Port District Three Year Agreement for Tidelands Maintenance.doc to-;?- RESOLUTION NO. 2002 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A THREE-YEAR AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE SAN DIEGO UNIFIED PORT DISTRICT FOR TIDELANDS MAINTENANCE SERVICES ON DISTRICT PROPERTY WITHIN THE CITY OF CHULA VISTA IN AN AMOUNT NOT TO EXCEED $1,098,464.00 WHEREAS, the San Diego Unified Port District ("Port District") has contracted park maintenance services from the City to maintain Port District Parks and other landscaped areas within Chula Vista since 1977; and WHEREAS, on May 18, 1999, Council adopted Resolution #19474 to enter into a three-year maintenance agreement with the Port District to provide grounds and comfort station maintenance to Port District property along the City's bay front area; and WHEREAS, expire on June 30, the current 2002; and three-year agreement will WHEREAS, a three-year agreement avoids the necessity of amending the agreement on a yearly basis and provides the flexibility to reapportion funds in accounts based on need as long as the total amount approved is not exceeded; and WHEREAS, the new three-year agreement will commence on July 1, 2002 and expire on June 30, 2005; and WHEREAS, pursuant to provide personnel, supervision, necessary to provide cleaning, minor facility maintenance in and the Agreement, City shall equipment, and materials as landscape maintenance and designated tideland areas; WHEREAS, there will be no fiscal impact to the City's general fund since the Port District reimburses the City on a quarterly basis for all approved expenditures and an administrative overhead fee. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve a Three-Year Agreement Between The City Of Chula Vista And The San Diego J:\Attorney\RESO\PortDist3YrAgreeTidelandsMaintServices.doc &-3 Unified Port District For Tidelands District Property Within The City Amount Not To Exceed $1,098,464.00. Maintenance Services On Of Chula Vista In An Presented by Approved as to form by John P. Lippitt Director of Public Works J:\Attorney\RESO\PortDist3YrAgreeTidelandsMaintServices.doc &-1 DRAFT THE A TT ACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY A TTORNEY'S OFFICE AND WILL BE FORMALL Y SIGNED UPON APPROVAL BY THE CITY COUNCIL Dated: 5lao /Dd--- / . Agreement Between the City of Chula Vista and the San Diego Unified Port District for Tidelands Maintenance Services on District Property Within the City of Chula Vista in an Amount Not to Exceed $1,098,464 0-5 DRAFT AGREEMENT BETWEEN THE CITY OF CHULA VISTA & THE SAN DIEGO UNIFIED PORT DISTICT FOR TIDELANDS MAINTENANCE SERVICES July 1, 2002 to June 30, 2005 Of ~SAAI ~ 3:~' " «- ()~ o ~ Q 0 . . ¡I c- ~f- ~ - -U ~ ~ ~ó '^.¡o;.~ -j(1' ,:\0^'-'<. PORT 0 (p-tp DRAFT AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE SAN DIEGO UNIFIED PORT DISTRICT FOR TIDELANDS MAINTENANCE SERVICES ON DISTRICT PROPERTY WITHIN THE CITY OF CHULA VISTA IN AN AMOUNT NOT TO EXCEED $1,098,464.00 FOR A THREE YEAR PERIOD THIS AGREEMENT, made and entered into this day of , 2002 by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "CITY", and THE SAN DIEGO UNIFIED PORT DISTRICT, a public corporation of the Sate of Califomia, hereinafter called "DISTRICr, is for tidelands maintenance services on DISTRICT property located within the City of Chula Vista as more fully described below: NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED by and between the parties as follows: 1. SERVICES TO BE PROVIDED A. CITY shall provide personnel, supervision, equipment, and materials as necessary to provide cleaning, landscape maintenance, and minor facilities maintenance of DISTRICT tidelands as specified in attached Exhibit A and incorporated herein. Specified DISTRICT tidelands are located in the area of . J" Street Marina, at Bayside Park, Chula Vista Bayfront Park, Marina View Park, and other landscaped areas, medians, floats, parking lots, piers, ramps, riprap, and a marine pump out station in Bayfront Park. B. CITY agrees to comply with the scope of work and maintenance specifications attached as Exhibit B and incorporated herein. C. Labor, equipment and materials funded by the DISTRICT in support of this Agreement shall be used solely for maintenance of DISTRICT tidelands specified in Exhibit A. D. CITY shall provide DISTRICT with access to all DISTRICT property reasonably necessary to the performance of this Agreement, including but not limited to the areas specified in Exhibit A. 2. DUTIES. DEFINlrlQNS and I;XCEPTIQtjS A. It is understood and agreed that the cost for routine cleaning, landscaping, minor maintenance and replacement of vehicles and equipment used in the maintenance of DISTRICT tideland areas specified in Exhibit A and pursuant to the Scope of Work, Exhibit B, are included in this Agreement. It is also understood that this Agreement does not cover materials, or labor for major maintenance repairs to DISTRICT tideland structures, buildings, or landscaping nor for maintenance and repair of DISTRICT tenant leased areas and DISTRICT controlled areas. For the purpose of this Agreement, major maintenance costs shall be defined as anyone- time cost (including materials and labor) amounting to more than Five Thousand ~-'7 ~ CITY shall identify and refer all major maintenance projects to DISTRICT'S General Services Department. CITY shall not undertake a major maintenance project without DISTRICT approval. CITY shall bill DISTRICT for actual costs of material and labor involved in such approved major maintenance projects. B. CITY shall have no responsibility or liability for pruning of trees on the properties, which are the subject of this Agreement, except as to minor tree trimming as specified in Exhibit B and incorporated herein. C. DISTRICT agrees to fund the CITY'S equipment replacement fund for vehicles performing work under this Agreement as included in the CITY'S budget Exhibit C and incorporated herein. D. CITY shall submit to DISTRICT thirty (30) days prior to the beginning of each quarter, a plan/schedule of future maintenance and facility upkeep tasks for DISTRICT review. 3. CON~IDERATl.ON A. In consideration for the foregoing performance by the CITY, DISTRICT shall pay CITY an amount not to exceed Three Hundred Fifty Thousand Nine Hundred Ninety One Dollars ($350,991.00) for Fiscal Year 2002/03, Three Hundred Sixty Five Thousand Seven Hundred Seventy Eight Dollars ($365,778.00) for Fiscal Year 2003/04 and Three Hundred Eighty One Thousand Six Hundred Ninety Five Dollars ($381,695.00) for Fiscal Year 2004105. B. If during the term of this Agreement CITY foresees a need to change salaries and benefits, CITY shall give DISTRICT ninety (90) days written notice of such changes and provide documentation satisfactory to DISTRICT to substantiate the change. Such changes shall be recognized as a basis for increasing or decreasing the remaining consideration due after such changes are approved by CITY, and, if approved by DISTRICTS Board of Port Commissioners in their sole discretion, shall be reflected in the next quarterly payment to CITY. C. If during the term of this Agreement, CITY foresees a need to change maintenance specifications or staffing levels, CITY shall give DISTRICT a written proposal recommending such changes and provide documentation satisfactory to DISTRICT to substantiate the recommendation. Such changes shall be recognized as a basis for increasing or decreasing the remaining consideration due after such recommended changes are approved by DISTRICT's Board of Port Commissioners in their sole discretion, and shall be reflected in the next quarterly payment to CITY. D. Payment for the fiscal year shall be paid in quarterly installments upon the CITY's written request to DISTRICT anytime after the first day of each calendar quarter of the term of the Agreement. DISTRICT agrees to reimburse CITY within !o-~ thirty days of receipt of a properly prepared request for reimbursement. The request for reimbursement shall be based on the quarterly scheduled plan and it shall document labor, materials and supplies cost, and outside services paid for the quarter and any variances from original quarterly plan/schedule for which payment is requested. 4. TERM AND TERMINArJ.QN This Agreement covers services rendered for a three (3)-year period from Julv 1. 2092. to and includlna June 30. 2005 provided, however, either party may terminate this Agreement at any time by giving the other party notice in writing ninety (90) days prior to the requested date of termination. It is further provided that said Agreement may be renewed subject to mutual Agreement between parties as to annual consideration to be paid by DISTRICT for said services for said fiscal year. 5. STATEMENTS OF ACTUAL COSTS INCURREQ A. By September 30 of each year of this Agreement following the close of DISTRICT fiscal year on June 30, CITY shall provide DISTRICT with a final accounting in the form of a Statement of Actual Costs Incurred in providing subject services for the prior year. Such accounting shall include, but is not limited to, job titles and actual numbers of full-time-equivalent staff hours actually worked based on adjusted budget schedules, the total wages and benefits expense, the cost of materials, supplies and outside services paid, and overhead calculation method and amount. B. Any underage or overage resulting from the difference between the total payments subject to this Agreement and the Statement of Actual Costs Incurred as described in Paragraph 5A above shall be adjusted in the following quarterly payment. If the Agreement is no longer in force, CITY and DISTRICT agree to remit the difference to the other party within thirty (30) calendar days. 6. HQLD HARMLESS A. DISTRICT agrees to indemnify and hold harmless the CITY against and from any and all damages to property or injuries or death of any person or persons, including employees or agents of the CITY, and shall defend, indemnify and hold harmless the CITY, its officers, agents, and employees, from any and all claims, demands, suits, actions or proceedings of any kind or nature, of or by anyone whomsoever, in any way resulting from or arising out of the negligent or intentional acts, errors or omissions of the DISTRICT or any of its officers, agents, or employees as it relates to this Agreement. B. CITY agrees to indemnify and hold harmless the DISTRICT against and from any and all damages to property or injuries or death of any person or persons, including employees or agents of the DISTRICT, and shall defend, indemnify and hold !.c-9 harmless the DISTRICT, its officers, agents, and employees, from any and all claims, demands, suits, actions or proceedings of any kind or nature, of or by anyone whomsoever, in any way resulting from, or arising out of the negligent or intentional acts, errors or omissions of the CITY or any of its officers, agents or employees as it relates to this Agreement. 7. !NSURANÇE A. (1) DISTRICT shall, throughout the duration of this Agreement, maintain comprehensive general liability insurance covering all operations hereunder of DISTRICT, its agents and employees including, but not limited to, premises and automobile with minimum coverage of One Million Dollars ($1,000,000) combined single limits. Evidence of such coverage in the form of a letter indicating self-insurance shall be submitted to the City Clerk at 276 Fourth Avenue, Chula Vista, California 91910. (2) Said policy or policies shall provide thirty (30)-day notice to the City Clerk of CITY of cancellation or material change. B. (1) CITY shall, throughout the duration of this Agreement, maintain comprehensive general liability insurance covering all operations hereunder of CITY, its agents and employees including, but not limited to, premises and automobile, with minimum coverage of one Million Dollars ($1,000,000) combined single limits. Evidence of such coverage in the form of a Certificate of Insurance and Policy Endorsement which names DISTRICT as Additional Insured, shall be submitted to the DISTRICT at 3165 Pacific Highway, San Diego, California 92101. (2) Said policy or policies shall provide thirty (30)-day notice to the DISTRICT of cancellation or material change. C. CITY shall also carry Worker's Compensation insurance in the statutory amount and Employer's Liability coverage in the amount of Five Hundred Thousand Dollars ($500,000). Evidence of this coverage is to be furnished to the DISTRICT in the form of a Certificate of Insurance. This insurance shall be endorsed to name DISTRICT as a secondary employer as to the work performed under this Agreement. 8. ATTQRNEY FEES In the event of any dispute between the parties, the prevailing party shall recover its attorney fees, and any costs and expenses incurred by reason of such dispute. 0,-/0 9. AUDITABLE SERVICES A. All costs reimbursed shall be based on actual services rendered for which the cost is reasonable and substantiated by data that is auditable to support that level of service. B. CITY shall, at all times during the term of this Agreement, keep or cause to be kept accurate and complete financial and other records supported by source documents which substantiate that payment for services provided under this Agreement as described in Paragraph 1, and Exhibits thereto, are only for services performed on DISTRICT tidelands. Said records shall be established and maintained so as to conform to generally accepted accounting principles and shall be open for inspection by DISTRICT or its designee at all times during regular business hours upon reasonable prior notice. DISTRICT shall have the right to require CITY· to institute and maintain additional recordkeeping methods and systems as DISTRICT deems necessary, provided the written request is made in advance of the fiscal year and DISTRICT agrees to pay for the cost of recordkeeping in excess of normal accounting practices for similar local agencies. CITY shall keep all such records for at least three years after termination of this Agreement. DISTRICT shall be required to pay CITY only for services which are substantiated by such records as being performed on DISTRICT tidelands. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF CHULA VISTA SAN DIEGO UNIFIED PORT DISTRICT Deputy Executive Director ATTEST: Approved in form by: City Clerk Port Attorney Approved in form by: City Attorney b-II EXHIBIT A AREA SITE MAPS CITY OF CHULA VISTA TIDELANDS MAINTENANCE 2002-2005 0-/~ JiI:"'0>' ~ ~- c::>/ . «I' . I Q. ". ",". cí \ ~ I, .- () \ >:J ~ ~ ) ',,-- '<''- '- '- ~' ~ ~¡¡¡"""'''/ --=f - - -:-.J¡ II~- ~~'~-' - u 1/ -' - ~ I-~~; I 5 ¡ . n- A!f!J ¡ · DD\' L.~ !~ ' Ii \ .' f. i U. ~ =~" í0~rÞl~ I ~ · n °D"\ . .~!iID I [1;' I 1'¡¡· I «I · ',' . "I F I a.. · \0 tJ'lil! Q) .. \ OJ! ~.. ~I ';: \ " i I \ f¡; ëi5 000" ¡ ,I I\'~¡ \ >. . rimo D' " ~11'¡:¡¡:¡' \ ~ : ~ \ ::::,::, WoI f ',' \ \ , \ , \ \ \ ) I I , I I , I , (P-Ij I .". , ; ., H : II : , : i , " : I , , ) / ~ k' '- . /' c 0= . ---'~ ------ ,. ''''-. ~ I .' '~~j I~> .~). ;j-!~" ------- . . ,JI~ ~. : I/~--==. ---- ~ ,.,J'- "'ì' \ ; t , I: · I Ii . ¡ I, - .,/ ....... ~~. ¡ -.-, ; . ,/ . '. . i \ "'- // .~- ._~.;- -.---~ ~ ... Q) ~ a: .! '-, .- =a ~ .~ Q, ò. «I «I ;:::æ: ~ !~ . «I / :g ~ o ; «I / ¡ ~ : II : / : () I; ~ , CI) I;! ! I ' ' I !I- :./1 ~ pi!!j,~ IIi ;'!' ~ i~ I I ~~ /Il! jHt ' I~ /: : ,~hnil I 11'!],h;~B ,~¡ , ~ III: II If i /';1 , DII!I:I'I: I f 'D," V' , _.- ; .' '- ~. '~ .~. .."J -'----- ¡< ';-'~ ,~" .~,...., .....0 o :1 ¡ ~ "¡'f..i ~iß~: ,!fi'~ . ." '." .': :.\;:; ........ .... ......: :(~ "". ....!;. .-..... . .::~ " . .8 ~ co :>:: co 1;; :> co '5 6 ,." ", "::" .. <.\' . . '., - - ,. ,,' ; ~ " ,f I . c ... .0 . i ~ ~ I o .. . ., ":.~.; [beD 'ò , ~ o ./% ,~. ::::: :.- tJf. ....... W1:{~ C. 111 :æ >- - ï: 13 :;: '. J99JJS Ð ~ ...", ~';, , ~. "-.:;",- ~ .... ow- o . 'Ii' .; C " I. .c - .. o z ~ ... æ Q) "0 ,ëiS >- CO m ... z o II: ...... ~ ü'" i~ c_ > g'co: ês IV:>:: ii:o ~J i ~: I (> I ÿ ~J l ""===~ I . L ~ ~~ ~ 151' · u! -¡ .. I ! . ¡ ::E Ð o o D\ , '. ]\. :0 [\,"'0 o <> o Q. I ~ 'c 'Ü > _ ABM>tJ9d ~ ~~ ~' ,..C\I o c ,¡:; ~ ~ o I~ .~ læ 10> i"C ¡ lñ I~ IŒI I I~I Ü~ ''C ~~ !'> _C c.... j=> ¡¡:ã ~-/5 '\ . I11III 'i'[[t1[!i~ :;:,:;.,:~;:,;:;:\::,:;:,:::::. --- .' .,·,·.,··"",ÜÜ!"ii:"""Ü".',,:,Ü"':Ü':Ü'\'\'::\') ___ - --- -!.eM eU!JeV\l__ ~.'" '>~ ~~)~ ··ö.'·"....,.... ....(Y) o !! ¡ I~ " ,~~, ~~~~i ~ ~ §§ ~> ~~~~ ~ ~ ~ :::s: :' :::s: 0 ::s:: ; .. , i if» ",;;,;¡r1]llI: . . ..'...',"..........'.'.......'. ,OJ>, . ';::WP~:·~: !!,~ :::s~~. ~~%~ ~~~.,::~ ~~~. ~~~, _fa é:J~ ' ~:' :::--.::: . ~ ~ ~ :?:::3 ~ :?:::3 :::::-::::: , ~ to.. ~ a. .... c: o to.. - >- co c::c co ..... (/) :> co - :::I ~ () ,... - u :5< .!!! I-' I- o~z CI>O .5 « II: c: ..J U. c: ::) > .!!!::t:< Q.um b1 ~S! 1:: ~! i 0 I f/l I ~ .t::~.'~ ~:".~ 't. l ,:' '. ,.",. ..... J l .:.:: ... n'S a. ~ Q) :> n'S c: "¡: n'S ~ ,... - o i¡~ -cn~ c-z 0»0 .5<a: r::..Ju. r::=» CO:t:< Õ:UIII - c ~~ ~. a 5!2j ~ 0 ,( .. .. ,j¡ Ii: 0-/1 EXHIBIT B MAINTENANCE SPECIFICATION SCOPE OF WORK CITY OF CHULA VISTA TIDELANDS MAINTENANCE 2002-2005 to -If EXHIBIT B MAINTENANCE SPECIFICATION Scope of Work CITY shall provide personnel, supervision, equipment, and materials necessary to provide cleaning, landscaping, and minor facilities maintenance on District tidelands as specified in areas listed. 1. Turf Areas A. Maintain turf areas in accordance with acceptable green industry standards as determined by the DISTRICT representatives and allowed by state environmental compliance requirements. B. Minimum requirements: 1) Mow turf with a reel mower to 1/2 inch. April through September - once per week. October through March - as required to maintain proper appearance. 2) Verticut twice a year. 3) Aerate twice a year. 4) Overseed, top dress, or re-sod worn or bare areas as needed. 5) At least annually treat turf for control of disease, weeds, and insects. 6) Fertilize twice a year. 7) Irrigate turf areas to maintain adequate moisture for proper growth and appearance. 2. Landscaped Areas A. Maintain shrubs, ground cover, and trees in a manner to promote proper healthy growth and aesthetic appearance. B. Minimum requirements: 1) Prune and trim shrubs quarterly. 2) Fertilize shrubs, ground cover, and trees twice a year. 1 ~-/9 3) Remove trash and debris from shrubbery and ground cover at least once a week. 4) Remove and replant dead shrubs, ground cover and trees as needed with like material. 5) Trim low hanging and broken tree branches as needed. 6) Treat shrubs, ground cover, and trees for control of disease, weeds, and insects at least annually. 7) Irrigate shrubbery, ground cover, and trees to maintain adequate moisture for proper growth and appearance. DISTRICT will contract for tree trimming services. 3. Irriqation Svstem A. Inspect and perform periodic maintenance on the irrigation system including controllers, valves, valve boxes, sprinkler heads, laterals, main lines, and water pressure regulators. B. Minimum requirements: 1) Monitor irrigation system performance; make spray pattern adjustments, repair clogged, breakage, or damaged sprinklers and remove obstructions at least weekly. 2) Repair all leaking and defective irrigation valves and sprinkler heads within twenty-four hours of notification. 3) Test, adjust, and/or repairlreplace irrigation water pressure at least monthly to maintain a service pressure of 60 to 80 pounds per square inch. DISTRICT will test, certify, and maintain all backflow systems. 4. General Areas A. Perform general cleaning of specified District tidelands parks, walkways, streets, parking lots, playgrounds, piers, floating docks, ramps, riprap, beach area and restroom facilities. B. Minimum requirements: 1) Sweep, edge, and remove debris from walkways. May through October - once per week. 2 (p-;}IJ November through April- as needed. 2) Sweep parking lots. June through September - twice per week. October through May - once per week. 3) Street sweeping ,G Street, Bayside Parkway, Marina Way, and Marina, Park Way, once per week. 4) Clean and restock public rest rooms. Twice per day, seven days per week. 5) Empty trash receptacles and replace liners. April through September - daily. October through April - as needed but at least twice per week. 6) Litter control of parks, medians, parking lots, riprap, and beach areas. Remove litter and debris by hand. April through September - daily. October through March - as needed. 7) Remove collected litter and trash from tideland properties at least weekly. 8) Wash and scrub of walkways, piers, parking lot and float at least twice per year. Wash fishing pier monthly. 9) Monitor area for excessive wild life populations and report problems to DISTRICT. Promptly notify DISTRICT of debris requiring removal by mechanical means or vessel. DISTRICT will contract for Vector Control services. 5. Facilities A. Perform inspections, preventive maintenance, and minor maintenance repairs specified District tidelands properties. B. Minimum: 1) Plumbing and minor rest room utility repair. 2) Electrical fixtures repair/replacement and relamping. 3) General building exterior and interior painting and minor repair. 3 /ç- :;;./ 4) Graffiti removal. 5) Repair playground/sports equipment. 6) Park bench and table repair (replace (4) four park benches per fiscal year as per plan). 7) Clean out rain gutters and down spouts. 8) Marine pump-out facility: (Bayfront Park) (a) Flush with salt water - weekly. (b) Inspect for proper operation - weekly. (c) Promptly notify DISTRICT of any problems. 9) Install, replace, repair DISTRICT supplied park signs. DISTRICT will test, certify and maintain back flow system. 4 & - :;; é)-- EXHIBIT C BUDGET SUMMARY CITY OF CHULA VISTA TIDELANDS MAINTENANCE 2002-2005 (P-;}3 MAINTENANCE AGREEMENT WITH CITY OF CHULA VISTA BUDGET (FY 2002103 . FY 2004105) FY03 Adopted FY03 FY04 FY05 Spending Projected Projected Projected Object Description Plan Budget Budget Budget 6001 Salaries $ 144,896 $ 150,735 $ 154,511 $ 159,930 6005 Wages - Hourly $ 13,015 $ 13,015 $ 13,015 $ 13,015 6101 Overtime - Regular $ 3,463 $ 3,603 $ 3,693 $ 3,822 6122 Differential - Bilingual $ 480 $ 1,200 $ 1,200 $ 1,200 6201 Flex/Insurance $ 24,260 $ 25,960 $ 27,560 $ 27,560 6551 PERS $ 11,561 $ 12,450 $ 13,538 $ 14,009 6222 PARS $ 488 $ 488 $ 488 $ 488 6231 Medicare $ 2,347 $ 2,444 $ 2,500 $ 2,581 6281 Workers Comp $ 623 $ 648 $ 664 $ 688 Personnel Services Totals $ 201,133 $ 210,543 $ 217,169 $ 223,293 6401 Other Contractual Services $ 5,280 $ 10,188 $ 10,697 $ 11,232 6499 Laundry and Cleaning $ 900 $ 900 $ 945 $ 992 6543 Training $ 890 $ 890 $ 935 $ 981 6571 Phone Service $ 900 $ 900 $ 945 $ 992 6573 Trash Collec and Disp $ 1,256 $ 1,256 $ 1,319 $ 1,385 6632 Maint - Other Equipt $ 370 $ 370 $ 389 $ 408 6641 Fleet Maint Charges $ 19,143 $ 13,962 $ 14,660 $ 15,393 6642 Equipt Replcmt Chgs $ 10,009 $ 8,117 $ 8,523 $ 8,949 6811 Janitorial Supplies $ 4,000 $ 4,000 $ 4,200 $ 4,410 6814 Landscape Supplies $ 8,897 $ 8,897 $ 9,342 $ 9,809 6831 Small Tools $ 210 $ 210 $ 221 $ 232 6881 Wearing Apparel $ 500 $ 500 $ 525 $ 551 6888 Safety Equipment <$1000 $ 800 $ 800 $ 840 $ 882 6911 Mats to Main-Bldgs & Grounds $ 9,000 $ 16,000 $ 16,800 $ 17,640 Supplies and Services Totals $ 62, 155 $ 66,990 $ 70,340 $ 73,856 TOTAL $ 263,288 $ 277,533 $ 287,508 $ 297,149 Administrative Overhead (48.17%) $ 69,796 $ 72,609 $ 74,428 $ 77,039 GRAND TOTAL $ 333,084 $ 350,142 $ 361,936 $ 374,188 ~ -c:;f --.- ~Y.o803 \ SALARY TABLE BY TITLE , \ Effective as of 01130/2002 POSITION TITLE PCN BARG A R .!:; D E ;FIGHTER (80 HR) 5621 IAFF Hourly $19.87 $20,86 $21.90 $23.00 $24.15 BiWeekly $1,589.81 $1,669.21 $1,752.34 $1,840.15 $1,932.63 Monthly $3,456.43 $3,629.06 $3,809,79 $4,000.70 $4,201.74 Yearly $41,477,16 $43,548,72 $45,717.56 $48,008,40 $50,420.96 FISCAL MANAGEMENT ANALYST 0217 MM Hourly $32,15 $33.75 $35.44 $37.21 $39.08 BiWeekly $2,572.10 $2,700.70 $2,835.74 $2,977.52 $3,126.40 Monthly $5,592.03 $5,871.61 $6,165,21 $6,473.45 $6,797.13 Yearly 567,104,43 570,459,40 573,982,58 $77,681.51 $81,565.59 FISCAL OFFICE SPECIALIST 0169 CVEA Hourly $13.70 $14.39 $15.10 $15.86 $16.65 BiWeekly $1,096.27 $1,151.23 $1,208.55 $1,269.19 $1,332.67. Monthly $2,383.41 $2,502,90 $2,627.51 $2,759.37 $2,897.38 Yearly $28,600,92 $30,034,81 531,530,23 $33,112,45 534,768,57 FISCAL OPERATIONS MANAGER 3621 SM Hourly $0.00 $0,00 $0.00 $0.00 $45.11 BiWeekly $0.00 $0.00 $0.00 $0.00 $3,609.23 Monthly $0.00 $0.00 $0,00 $0.00 $7,846.86 Yearly 50.00 $0,00 50,00 50,00 594,162,37 FLEET MANAGER 6501 MM Hourly $31.51 $33.09 $34.74 $36.47 $38.31 BiWeekly $2,521.26 $2,647.48 $2,779.51 $2,918.35 $3,064.95 Monthly $5,481.50 $5,755.91 $6,042.97 $6,344,81 $6,663.53 Yearly 565,778,03 569,070.92 572,515,64 576,137,72 $79,962,41 ( ¡DENER (SEASONAL) 6629 UCHR Hourly $13,27 $13,93 $14,63 $15.36 $16.13 BiWeekly $1,062.28 $1,115.11 $1,170.85 $1,229.37 $1,290.81 Monthly $2,309.51 $2,424.38 $2,545.56 $2,672.79 $2,806.37 Yearly $27,714,14 529,092,67 $30,546.72 $32,073,58 533,676.50 GARDENER I 6627 CVEA Hourly $13.27 $13.93 $14.63 $15.37 $16.13 BiWeekly $1,062,28 $1,115.02 $1,170.54 $1,229.75 $1,290.83 Monthly $2,309.51 $2,424.18 $2,544,88 $2,673.62 $2,806.41 Yearly $27,714.14 529,090.26 $30,538,66 532,083.53 533,677.03 GARDENER II 6623 CVEA Hourly $14.60 $15.33 $16.10 $16.89 $17.75 BiWeekly $1,168,68 $1,226,60 $1,288.31 $1,351.91 $1,420.27 Monthly $2,540,85 $2,666.77 $2,800.93 $2,939.21 $3,087.83 Yearly $30,490,29 $32,001.30 533,611.20 $35,270,54 537,054,04 GENERAL PLAN PROJECT MANAGE! 4415 SM Hourly $0.00 $0.00 $0.00 $0.00 $44.11 BiWeekly $0.00 $0.00 $0.00 $0.00 $3,528.88 Monthly $0,00 $0.00 $0.00 $0,00 $7,672,17 Yearly $0,00 $0,00 $0,00 $0,00 $92,066.08 GIS SPECIALIST 3081 CVEA Hourly $22.29 $23.41 $24.58 $25,80 $27,10 BiWeekly $1,783.84 $1,873.52 $1,967,15 $2,064.72 $2,168.21 Monthly $3,878.27 . $4,073,25 $4,276,80 $4,488.94 $4,713.92 Yearly 546,539,31 548,879,05 551,321.71 553,867,30 556,567,12 lun: 01/30/2002 (14:52:19) Use,Id: cheryl ~eport: PY080J Salary Table by Title tP-;25 Page: 19 PY0303 SALARY TABLE BY TITLE Effective as of 01/30/2002 POSITION TITLE l£ri BARG ð. !! ~ º Ef'. SR EQUIP MECHANIC 6511 CVEA Hourly $19,81 $20.81 $21.85 $22.94 $24.'¡J~ BiWeekly $1,585,31 $1,665.32 $1,748.12 $1,835.57 $1,927.68 Monthly $3,446,64 $3,620.59 $3,800.61 $3,990.73 $4,190,99 Yearly $41,359.73 $43,447,15 $45,607.39 $47,888,82 150,291.98 SR EQUIPMENT MAINTENANCE SUP 6503 MM Hourly $25.49 $26.76 $28.10 $29.51 $30.98 BiWeekly $2,039,31 $2,141.29 $2,248.16 $2,360.91 $2,478,56 Monthly $4,433,69 $4,655.41 $4,887.74 $5,132.88 $5,388.66 Yearly $53,204.36 $55,864,96 $58,652,93 $61,594,60 $64,663.92 SR FISCAL OFFICE SPECIALIST 0175 CVEA Hourly $15.07 $15.82 $16.6t $17.45 $18.32 BiWeekly $1,205.70 $1,266.35 $1,329.35 $1,396.16 $1,465.80 Monthly $2,621.33 $2,753.19 $2,890.17 $3,035.41 $3,186.81 Yearly $31,456.06 $33,038,29 $34,682,05 $36,424,96 $38,241.78 SR GARDENER 6621 CVEA Hourly $17.52 $18.39 $19.31 $20.27 $21.29 BiWeekly $1,402.01 $1,471.73 $1,545.15 $1,622,21 $1,703,87 Monthly $3,048.13 $3,199.71 $3,359.33 $3,526.88 $3,704,41 Yearly $36,577.60 $38,396.56 $40,311.99 $42,322,56 $44,452,97 SR LANDSCAPE ARemTECf 4479 MM Hourly $0.00 $0.00 $0.00 $0.00 $0,00 BiWeekly $0.00 $0.00 $0.00 $0.00 $0.00 Monthly $0.00 $0.00 $0.00 $0.00 $0.00 Yearly $0,00 $0.00 $0,00 $0.00 $0,00 SR LEGAL ASSISTANT 2463 CONF Hourly $20.16 $21.17 $22.23 $23.34 $24.- BiWeekly $1,613.42 $1,694.20 $1,778,62 $1,867,74 $1,961.02 Monthly $3,507.75 $3,683.38 $3,866.92 $4,060.66 $4,263.48 Yearly $42,093,07 $44,200,64 $46,403.07 $48,728,03 $51,16\.82 SR LffiRARlAN 7053 MM Hourly $24.91 $26,15 $27.47 $28,84 $30.28 BiWeekly $1,993.18 $2,092,66 $2,197.70 $2,307.41 $2,422.69 Monthly $4,333.39 $4,549,67 $4,778.03 $5,016.57 $5,267.19 Yearly $52,000,77 $54,596,06 $57,336.47 $60,198.87 $63,206,38 SR LffiRARY TECH ASST 7113 CVEA Hourly $t4.81 $15,55 $16.34 $17,15 $18.01 BiWeekly $1,185.24 $1,244,31 $1,307.25 $1,372,13 $1,440,88 Monthly $2,576.84 $2,705,26 $2,842.11 $2,983.17 $3,132.64 Yearly $30,922.12 $32,463,23 $34,105,37 $35,798,04 $37,59\'74 SR LffiRARY TECH ASST (HOURLY) 7114 UCHR Hourly $14.81 $15,55 $16.32 $17.14 $18.00 BiWeekly $1,184.85 $1,244,09 $1,306.29 $1,371.62 $1,440.18 Monthly $2,575.99 $2,704.79 $2,840.03 $2,982,05 $3,131.12 Yearly $30,911.91 $32,457.58 $34,080,38 $35,784,60 $37,573.47 SR LIFEGUARD 7581 CVEA Hourly $14.50 $15,22 $15.98 $16.78 $17.62 BiWeekly $t,160,08 $1,218.10 $1,279.00 $1,342,95 $1,410,10 Monthly $2,522.15 $2,648.30 $2,780.68 $2,919.73 $3,065.71 Yearly $30,265.90 $31,779,60 $33,368,27 $35,036,76 $36,788,54 on: 01130/2002 (14:52:19) User Id: cheryl !port: PY0803 Salary Table by Title ft; -;}(p Page: 38 COUNCIL AGENDA STATEMENT Item Meeting Date 5/28/02 ITEM TITLE: Resolution Waiving the consultant selection process as impractical and approving an agreement with MNA Consulting for professional services to assist in the Local Agency Formation Commission's (LAFCO) South San Diego County service review for water and sewer services, appropriating funds from the available fund balance in the Sewer Service Revenue Fund, and authorizing the Mayor to execute the agreement SUBMITTED BY: Director of Public Works I' REVIEWED BY: City Manager ~It~-v/ (4/Sths Vote: __x__ No __) The San Diego Local Agency Forn~ation Commission (LAFCO) is conducting a study of the water and sewer service t for the citizens of southern San Diego County. This study is the result of concerns that local governments in this area have had with the new Board of Directors of the Otay Water District. City staff needs expertise in providing information to LAFCO about our sewer service as well as expertise in reviewing the comments from Otay Water District. RECOMMENDATION: That Council approve an agreement with MNA Consulting for professional services in an amount not to exceed $97,000. BOARDS/COMMISSION: Not applicable DISCUSSION: Chula Vista Citizens do not receive water service from the City, but from 3 different purveyors: Sweetwater Authority in the western area, Otay Water District in the Eastern area and California American Water Company for 300 customers in southern Chula Vista. Because of recent actions of the Otay Water District, several local governmental Officials from Cities and County that are served by Otay have expressed concerns. LAFCO board members decided to study all the water and sewer providers in South San Diego County. The process is to involve representatives from all the providers as well as other interested agencies such as the County of San Diego. This group developed a questionnaire that has been sent to all the agencies providing water and/or sewer service. The questionnaires are completed by each agency, then returned to LAFCO staff for processing and evaluating. A report with outlining the surveys and issues that resulted in the evaluation of the survey will be presented to the board this summer. Staff is recommending that the firm of MNA Consultants be retained to assist staff in this process. A principal in the firm, Laura Madigan, has had considerable experience in LAFCO issues. She was at one time the executive Director of LAFCO. Chula Vista has had the use of her services in developing the MSCP program. She had demonstrated a high level of professionalism in dealing with complicated, and political problems involving many agencies. Page 2, Item ~] Meeting Date 5/28/02 She has retained the services of an engineering manager who has knowledge of the issues with Otay Water District. The firm will not only prepare our survey for Chula Vista sewer service, but advise city staff in reviewing the survey data presented by our local water purveyors. Based on MNA's expertise and familiarity with the subject matter, staff believes MNA is uniquely qualified to perform the proposed scope of services. Staff has been very satisfied with the services of MNA Consulting in the past, and therefore recommends that the Consultant selection process be waived as impractical. The outcome of the LAFCO study will have very significant and long lasting impacts on the citizens of Chula Vista. The tasks to be performed by MNA are: 1. Coordinate preparation of and produce City's response to LAFCO Service Review questionnaire (including meetings and interviews with City staff and others). 2. Represent City at LAFCO meetings, including LAFCO's Service Review Working Group, Advisory Committee and Commission heatings. 3. Participation in strategy meetings with City Manager, Public Works Director, miscellaneous City staff and other consultants. 4. Coordinate evaluation of draft LAFCO OWD Service Review, and prepare City comments thereto. 5. Prepare follow-up memos and status reports as requested by the City Manager and/or Public Works Director. 6. Provide assistance to City staff relative to preparation of staff reports to the Council. 7. Prepare and coordinate presentation(s), and participate in LAFCO hearings, on behalf of the City. 8. General coordination, scheduling and follow-up. The agreement has been prepared on the City's standard form. the consultant will be paid monthly based on hourly rates ranging from $65 to $165 per hour. No work beyond $97,000 of total cost may be performed without prior City approval. FISCAL IMPACT: This cost will be paid with unappropriated reserves in the Sewer Service Fund. MNA Consulting, over the last 12 months for services due to other contracts for Chula Vista has been paid $219,591. Total cost of this proposal is estimated to be $97,000. J :Xengineer\aGEN DA\mna lafco2.doc RESOLUTION NO. 2002 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE CONSULTANT SELECTION PROCESS AS IMPRACTICAL AND APPROVING AN AGREEMENT WITH MNA CONSULTING FOR PROFESSIONAL SERVICES TO ASSIST IN THE LOCAL AGENCY FORMATION COMMISSION'S (LAFCO) SOUTH SAN DIEGO COUNTY SERVICE REVIEW FOR WATER AND SEWER SERVICES AND APPROPRIATING FUNDS FROM AVAILABLE FUND BALANCE IN THE SEWER SERVICE REVENUE FUND, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the San Diego Local Agency Formation Commission (LAFCO) is conducting a study of the water and sewer service to the citizens of southern San Diego County. This study is the result of concerns that local governments in this area have had with the new Board of Directors of the Otay Water District; and WHEREAS, the outcome of the LAFCO study will have very significant and long lasting impacts on the citizens of Chula Vista. WHEREAS, staff needs expertise in providing information to LAFCO about the City's sewer service as well as expertise in reviewing the comments from Otay Water District; and WHEREAS, MNA is uniquely qualified to perform these services based on their expertise and previous experience with LAFCO and City of Chula Vista issues; therefore, staff recommends that the Consultant selection process be waived as impractical; and . NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby: I. Waive the consultant selection process as impractical based on the facts set forth above. 2. Approve an agreement with MNA Consulting for professional services on the terms presented to assist in the Local Agency Formation Commission's (LAFCO) South San Diego County service review for water and sewer services. 3. Appropriate funds therefore out of the available fund balance n the Sewer Service Revenue Fund. 0-3 4. Authorize the Mayor to execute said agreement with MNA Consulting for professional services in a final form approved by the City Attorney. Presented by: Approved as to form: . John P. Lippitt Director of Public Works \"----~ J:\Attomey\RESO\MNA LAFCO.doc r¡-tf DRAFT THE A TT ACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALL Y SIGNED UPON APPROVAL BY THE CITY COUNCIL D",d, 3/2-3> I o?- MNA Consulting Agreement for Professional Services to Assist in the LAFCO South San Diego County Service Review for Water and Sewer Services q-S Agreement Between City Of Chula Vista And MNA Consulting For Water Consultant Services DRAFT This agreement ("Agreement"), dated Mav 28. 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: Whereas, City of Chula Vista is part of a Service Study being conducted by the Local Agency Formation Commission for water and sewer service in Southern San Diego County and; Whereas, City staff needs assistance in responding to the LAFCO Questionnaire and advice in negotiation with LAFCO and other agencies; and Whereas, MNA Consultants is ready and qualified to provide these services for the study. (End of Recitals. Next Page starts Obligatory Provisions.) J :IENGADMINIMNAagmt.doc Page 1 r¡-/P Obligatory Provisions 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 Consultant, Consultant shall perform same on a time and materials basis at the rates set forth 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. J :IENGADMINIMNAagmt.doc Page 2 q-í) 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. 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. Duties 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 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. J:IENGADMINIMNAagmt.doc Page 3 rJ- 8 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. It is acknowledged by both parties that time 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 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. J :IENGADMINIMNAagmt.doc Page 4 r¡-q B. 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. 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 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. 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 I nterest"), 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 J :IENGADM INIMNAagmt.doc Page 5 r¡-¡ð 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 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. For those professionals who are required to be licensed by the state (e.g. architects and engineers), the following indemnification provisions should be utilized: J:IENGADMINIMNAagmt.doc Page 6 ,/-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 Consultant's employees, agents, and officers, arising out of any services performed involving this project, except liability for Professional Services covered under Section 7.2, 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 Exhibit A to this Agreement. 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 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. 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, at the 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 up to the effective date of Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused City by Consultant's breach. J :IENGADMINIMNAagmt.doc Page 7 rjJ/;Þ 9. Termination 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. 10. 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 subconsultants identified thereat as "Permitted Subconsultants". 11. 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. 12. Independent Contractor City is interested only in the results obtained and Consultant shall perform as an independent contractor with sole control of the manner 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 J:IENGADMINIMNAagmt.doc Page 8 1-/:3; leave benefits. Therefore, City will not withhold state or federal income tax, social security tax or any other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold the City harmless with regard thereto. 13. 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. No suit or claim shall be brought against the Consultant unless a claim has first been presented in writing by certified mail to the Consultant. 14. 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. 15. 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. 16. 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 J:IENGADMINIMNAagmt.doc Page 9 1; /t! real estate broker or salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are licensed real estate brokers or salespersons. 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 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. [end of page. next page is signature page.] J:IENGADMINIMNAagmt.doc Page 10 1-/5 05/23/2002 14:11 - .-. -, --,-"-,,,!,.~,-_. 6192399878 MNA CONSULTING PAGE 02/02 i~ Signature Page to Agreement between City of Chula Vista MNA Consulting for Water Consultant Services " I:' \N WITN 55 WHEREOF, City and Consultant have executed this Agreement thereb* indìcati g that they have read and understood same, and indicate their full and complt¡!te cons nt to its terms: .. , City of Chula Vista I': by: Shirley Horton, Mayor !1 I <" Attest' !; Susa? Bigelo ,City Clerk Apprqlved as t form: John.M Kahe y, City Attorney " , Datei~: MNA Consulting T'7rp/~ Title: ~O / ~ I /kAX/UA./ õ¡ Exhiþlt List t Agreement (x):' Exhibi A. J:\EN!GADMIN\ NAagmt.doc Page 11 I/-lip Exhibit A to Agreement between City of Chula Vista and MNA Consulting 1. Effective Date of Agreement: May 28, 2002 2. City-Related Entity: (X) City of Chula Vista, a municipal chartered corporation of the State of California ("City") 3. Place of Business for City: City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910 4. Consultant: MNA Consulting 5. Business Form of Consultant: ( ) Sole Proprietorship ( ) Partnership (x) Corporation 6. Place of Business, Telephone and Fax Number of Consultant: 427 'C' Street, Suite 308 Phone (619)239-9877 7. General Duties: Consultant to provide as needed services in support of Chula Vista in completing the LAFCO Water and Sewer Service Study for South San Diego County and to review material from other agencies in that study providing services to Chula Vista. 8. Scope of Work and Schedule: J :IENGADMINIMNAagmt.doc Page 12 1-11 A. Detailed Scope of Work: Task Estimated Consultant Hours Senior Tech Research Admin Partner Subcontr Asst. Asst. 1. Prepare and coordinate presentation( s), and 30 15 10 10 participate in LAFCO hearings, on behalf of the City. 2. Represent City at LAFCO meetings, 45 including LAFCO's Service Review Working Group, Advisory Committee and Commission hearings. 3. Participation in strategy meetings with 45 45 20 City Manager, Public Works Director, miscellaneous City staff and other consultants. 4. Coordinate evaluation of draft LAFCO OWD 60 60 30 20 Service Review, and prepare City comments thereto. 5. Prepare follow-up memos and status reports 30 30 as requested by the City Manager and/or Public Works Director. 6. Provide assistance to City staff relative to 16 6 preparation of staff reports to the Council. 8. General coordination, scheduling and follow-up.30 60 Total Est. Hours 316 186 115 110 B. Date for Commencement of Consultant Services: ( X ) Same as Effective Date of Agreement ( ) Other: C. Dates or Time Limits for Delivery of Deliverables: J:IENGADMINIMNAagmt.doc Page 13 1-/g Deliverable NO.1: Report for Task 1 shall be delivered to City staff within 60 days of the Notice to Proceed. 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. ( ) 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). ( ) General Automobile Liability coverage: $100,000-$300,000 10. Materials Required to be Supplied by City to Consultant: 11. Compensation: (x) Hourly Rate Arrangement 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: (x) Limitation without Further Authorization on Time and Materials Arrangement At such time as Consultant shall have incurred time and materials equal to $97,000 ("Authorization Limit"), Consultant shall not be entitled to any additional compensation without further authorization issued in writing and approved by the City. Nothing herein shall preclude Consultant from providing additional Services at Consultant's own cost and expense. Rate Schedule Category of Employee of Consultant Hourly Rate MNA Senior Partner Technical Subcontracting Consultants MNA Research Assistant MNA Administrative Assistant $160.00 $125.00 $ 95.00 $ 65.00 J:IENGADMINIMNAagmt.doc Page 14 1~/9 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: Cost or Rate (x) Copies, not to exceed 15 cents per copy (x) Faxes, not to exceed $1.00 per fax (x) Cellular, not to exceed 40 cents per minute (x) Mileage, not to exceed 34 cents per mile 13. Contract Administrators: City: John Lippitt Consultant: Laurie Madigan 14. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: (x) Not Applicable. Not an FPPC Filer. ( ) FPPC Filer () Category NO.1. 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. () 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 J:IENGADMINIMNAagmt.doc Page 15 '7~;}O contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment. ( ) Category No.7. Business positions. ( ) List "Consultant Associates" interests in real property within 2 radial miles of Project Property, if any: 15. Permitted Subconsultants: None 16. 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: ( ) First of the Month ( ) 15th Day of each Month (x ) End of the Month ( ) Other: C. City's Account Number: 17. 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: J :IENGADM INIMNAagmt.doc r7 - :J / Page 16 COUNCIL AGENDA STATEMENT Item <~ Meeting Date 5/28/02 ITEM TITLE: Resolution Approving a First Amendment to the Agreement with MuniFinancial, Inc. for Assessment District delinquency monitoring to include Community Facilities Districts (CFDs) and authorizing the Mayor to execute said amendment SUBMITTED BY: Director of Public Work~ ~ REVIEWED BY: City Manager6:9'/~ ~ (4/Sths Vote: Yes No X ) The City has an existing three-year agreement with MuniFinancial, Inc. to perform delinquency monitoring services and coordinate the collection of all delinquent installment payments for the City's existing Assessments Districts for the period of January 1,2001 to December 31, 2003. This action would add the City's bonded Community Facilities Districts (CFDs) to this contract by means ora First Amendment in order to insure that the City's fiduciary responsibilities to the bondholders is fulfilled. RECOMMENDATION: That Council adopt the resolution approving a First Amendment to the Agreement with MuniFinancial to include delinquency management for Community Facilities Districts and authorizing the Mayor to execute said First Amendment BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: On December 19, 2000 Council adopted Resolution 2000-471 (Attachment A), which approved a three-year agreement with MuniFinancial, Inc. for delinquency management of the City's Assessment Districts for the period of January 1,2001 to December 31, 2003. The City has formed and issued bonds for twelve Assessment Districts pursuant to the Improvement Bond Act of 1915. The bond indenture prepared for each Assessment District specifies the allowable level of delinquencies and the conditions under which the City must begin foreclosure proceedings on delinquent properties. As part of this agreement, the consultant is required to review the covenants in each bond indenture to verify that delinquent property owners are being handled in accordance with these covenants. They must also obtain lists of delinquent parcels from the County; prepare bi-annual status reports; send out delinquency reminder, demand and foreclosure letters; negotiate repayment schedule with property owners and coordinate judicial foreclosure proceedings with the City's foreclosure Counsel. The City established six Community Facilities Districts (CFDs) during Fiscal Year 1998-99 in accordance with the Community Facilities Act of 1982 and began billing such districts on the tax roll in Fiscal Year 1999-2000. The City subsequently established, or is in the process of $-/ Page 2, Item ~ Meeting Date 5/28/02 establishing, five new Community Facilities Districts. Five of the eleven districts included the issuance of bonds for the acquisition of public improvements, such as major streets and associated utilities. These districts are described as follows: COMMUNITY NAME AND LOCATION FIRST YEAR ON FACILITIES TAX ROLL DISTRICT NO. 97-3 Otay Ranch McMillin SPA One Fiscal Year 1999-00 99- l Otay Ranch SPA One Portions of Villages Fiscal Year 2000-01 1 and 5 and Village 1 West 2000-1 Sunbow 1I - Villages 5 through 10 Fiscal Year 2000-01 2001-1 San Miguel Ranch, Improvement Areas A Fiscal Year 2002-03 and B 200l-2 Otay Ranch McMillin Village 6 Fiscal Year 2003-04 (projected) The Bond Indentures for the Community Facilities Districts also specify the allowable level of delinquencies and the conditions under which the City must begin foreclosure proceedings on delinquent properties. Since these districts are all new, the City originally did not have delinquencies which required the commencement of foreclosure proceedings. However, since December 2000 assistance has been needed to notify and pursue delinquent property owners. The existing agreement with MuniFinancial provides for performance of additional services at the City's request up to a maximum of $5,000 per year. The Consultant has sent out initial notification letters to those property owners within Community Facilities Districts provided to them by City staff at the rate given in the Agreement for Assessment Districts, which was $20 per parcel. Since CFDs 97-3, 99-1 and 2000-1 have been billed for two or three years at this point, it would be desirable to contract with a consultant to provide the same delinquency management services provided for the Assessment Districts. These services include monitoring the level of delinquencies in each district for compliance with the bond covenants; preparation of biannual status reports with recommended actions; responding to property owner inquiries, including negotiation of prepayment schedules; and coordinating with the City's Foreclosure Counsel, Stradling Yocca Carlson & Rauth. The City's original agreement with Foreclosure Counsel, commencing on January 1, 2001 with extensions through December 2005, includes foreclosure services for delinquent properties in both Assessment Districts and Community Facilities Districts. It is advisable to have this wo/'k performed by a consultant rather than in-house due to the specialized expertise of the consultant and the ability of the consultant to perform the work quickly and at minimal cost. The existing agreement is in effect through December 31, 2003. It is recommended Page 3, Item ~5 Meeting Date 5/28/02 that this work be included in the MuniFinancial contract rather than by contracting with another firm for the following reasons: 1. Delinquency management work for Community Facilities Districts is basically the same as for Assessment Districts. It therefore makes sense to include all this work in the same contract. 2. The City hires one firm as Foreclosure Counsel for both Assessment Districts and Community Facilities Districts. It would be more effective to have only one delinquency management firm coordinate with Foreclosure Counsel for both types of districts. 3. Although the fees paid to MuniFinancial are dependent on the number of delinquencies, it is not anticipated that the work on Community Facilities Districts through December 31, 2003 would exceed $25,000. Thus it is cost effective and in the City's best interest to add this identical work to a pre-existing contract. 4. Staff has been satisfied with the consultant's work to date on delinquency management for the Assessment Districts and anticipates similarly satisfactory work on the Community Facilities Districts. Work on CFDs 97-3, 99-1, and 2000-1 would begin after approval of this contract. It is anticipated that delinquency management work on CFD 2001-1 would begin in January 2003, after the delinquency information from the December 10 tax payment is received. Some minor clarifications in the agreement were also requested by MuniFinancial. The first change applies to the addition and/or reclassification of two employees listed in the rate schedule. The second change related to the additional charge of $150 per payoff quote per parcel, which would be waived for the City, the affected property owner and Foreclosure Counsel. This has been a standard provision in MuniFinancial's delinquency management contracts. Since this would not be billed to either the City or the delinquent property owner, and would primarily relate to the sale and transfer of properties, it is recommended that the City agree to this addition. The fee schedule for the CFDs will be as follows. All the "per parcel" rates also apply to the Assessment Districts. Task Cost One Time Set-up Fee $250 per District Annual Fee $500 per District Delinquency Reminder Letter $20 per parcel Delinquency Demand Letter $30 per parcel Delinquency Foreclosure Letter $42 per parcel Effect Removal from Tax Roll $102 per parcel per District Subsequent Foreclosure Services $150 per parcel per District Payment Plan $200 per parcel per District Payoff Quote $150 per parcel (waived for City, property owner, Foreclosure Counsel) Page 4, Item '~ Meeting Date 5/28/02 FISCAL IMPACT: During calendar year 200l, the City paid MtmiFinancial $21,221.48 to perform delinquency services for eleven 1913/ 1915 Act Assessment Districts and $996.66 to send out Delinquency Reminder Letters for properties within the CFDs, for a total of $22,218.14. The annual cost for full delinquency management services for both the Assessment Districts and Community Facilities Districts carmot be exactly predicted, since it is dependent on the number of parcels each year that become delinquent. However, it is estimated that the inclusion of the CFDs will add less than $25,000 to the total cost of the agreement through December 31,2002. Fixed costs will be paid by the Administrative Cost portion of the budget included in each CFD. For other charges related to specific delinquencies, funds will be advanced from the CFD budgets in anticipation of ultimate recovery from the delinquent property owners. Since all costs are paid by the property owners, there is no fiscal impact to the City. Attachments: A. Resolution No. 2000-471 and Agreement between City and MuniFinancial, Inc. for Assessment District Delinquency Monitoring and Collection Services J:\ENGIN EER\AG ENDA\MUNIAMEND.EMC.DOC FILE: 0725~10-CFD00; 0340-10-AD006 RESOLUTION NO. 2000-471 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CI-YOLA VISTA AWARDING A THREE-YEAR AGREEMENT FOR ASSESSMENT DISTRICT DELINQUENCY MONITORING TO MUNIFINANCIAL, INC. AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, in accordance with Chula Vista Municipal Code 2.56.230, a Request for Proposals (RFP) was prepared by staffand sent to 10 finns; and WHEREAS, two finns responded to the RFP, MuniFinancial and NBS Government Finance Group; and WHEREAS, the selection committee felt MuniFinancial was the better choice for the new contract based on the interview criteria and because they were stronger in the following areas: project team and area knowledge, current experience handling the present contract and quality of work performed under the existing contract; and WHEREAS, the proposed agreement will retain the services of MuniFinaneial, Inc. to perform delinquency monitoring services on existing City Assessment Districts and coordinate the collection of all delinquent installment payments on these Districts, as requested by the City, for the time period January 1, 2001 to December 31, 2003; and WHEREAS, this action will ensure that the City's fiduciary responsibility to the bondholders is fulfilled by providing these required services; and WHEREAS, all costs associated with collection of delinquent assessments are recovered from the delinquent property owners at no expense. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby award a three-year agreement for Assessment District delinquency monitoring to MuniFinancial, Inc., 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. Presented by Approved as to form by JoVan P. Lippitt ' ! / ~M. Kaheny ff-~ Pfiblic Works Director ~ity Attomey Resolution 2000-471 Page 2 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 19t~ day of December, 2000, by the following vote: AYES: Couuciknembers: Davis, Padilla, Rindone, and Salas NAYS: Councilmembers: None ABSENT: Councilmembers: Horton Patty Davi~, Deputy Mayor ATTEST: Susan Bigelow, City Cle~ STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2000-471 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 19th day of December, 2000. Executed this 19th day of December, 2000. Susan Bigelow, City Clerl~ Parties and Recital Pa~e(s) Agreement between City of Chula Vista and MuniFinancial, Inc./A Willdan Company for Assessment District Delinquency Monitoring and Collection Services This agreement ("Agreement,'), dated ~ ~!~-.~/~ for the purposes of reference only, and effective as of th~ 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 has formed Assessment Districts pursuant to the Municipal Improvement Act of 1913 to impose assessments on benefitting properties to finance the construction of various improvements; and, Whereas, limited obligation bonds were issued to fund the unpaid assessments pursuant to the Improvement Bond Act of 1915; and, Whereas, the City must begin judicial foreclosure proceedings when parcels become delinquent on their assessment installment; 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.) 2ptyl3.wp Standard Form_Two Party Agreement (Thirteenth Revision) May 25, 1999 Page 1 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 Consultant, Consultant shall perform same on a time and materials basis at the rates set forth 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. 2ptyl3.wp Standard Form-Two Party Agreement (Thirteenth Revision) May 25, 1999 Page 2 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 subconsultants 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 Insured, 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 2ptyl3.wp Standard Form_Two Party Agreement (Thirteenth Revision) May 25, 1999 Page 3 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. 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 Security"), then Consultant shall p~ovide to the City such other security therein listed in a form and amount satisfactory to the Risk Manager or City Attorney. I. 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. 2ptyl3.wp Standard Form. Two Party Agreement (Thirteenth Revision) May 25, 1999 Page 4 2. Duties 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 addition thereto, City agrees to provide the information, data, items and materials set forth on Exhibit A, Paragraph 10, and with the further u~derstanding 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. 2ptyl3.wp Standard Form-Two Party Agreement (Thirteenth Revision) May 25, 1999 Page 5 5. Liquidated Damages The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 14. It is acknowledged by both parties that time 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 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 su~ 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 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. 2ptyl3.wp Standard Form ITwo Party Agreement (Thirteenth Revision) May 25, 1999 Page 6 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 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. 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 2ptyl3.wp Standard Form Two Party Agreement (Thirteenth Revision) May 25, 1999 Page 7 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 the negligent conduct of the Consultant, or any agent or employee, subcontractors, or others in connection with the execution of the work covered by this Agreement, except only for those claims arising from the negligence or willful misconduct of the 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 uroceed to judgment or not. Further, Consultant at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officers, agents or employees. Consultant,s indemnification of City shall not be limited by any prior or subsequent declaration by the Consultant. 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, at the 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 up to the effective date of Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused City by Consultant's breach. 9. Errors and Omissions In the event that the City Administrator determines that the Consultants, negligence, errors, or omissions in the performance of 2ptyl3.wp Standard Form.Two Party Agreement (Thirteenth ~evision) May 25, 1999 Page 8 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. 10. Termination 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 herein above 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 subconsultants identified thereat as "Permitted Subconsultants', 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. Any reuse of such material by City on any project other than the project which is the subject of this agreement shall be at the sole risk of the City. 2ptyl3.wp Standard Form-Two Party Agreement (Thirteenth Revision) May 25, 1999 Page 9 13. Independent Contractor City is interested only in the results obtained and Consultant shall perform as an independent contractor with sole control of the manner 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 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. 2ptyl3.wp Standard Form~Two Party Agreement (Thirteenth Revision) May 25, 1999 Page 10 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. Otherwise, Consultant represents that neither Consultant, nor their principals are licensed real estate brokers or salespersons. 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. 2ptyl3.wp Standard Form-Two Party Agreement (Thirteenth Revision) May 25, 1999 Page 11 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.] 2ptyl3.wp Standard Form_Two Party Agreement (Thirteenth Revision) May 25, 1999 Page 12 Signature Page to Agreement between City of Chula Vista and MuniFinancial, Inc./A Willdan Ccunpany for Assessment District Delinquency Monitoring and Collection Services 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: 20__ City of Chula Vista Shirle~ Hort on ,~'Mayor Attest: Susan Bigelow, C~ty Clerk Approved as to form: o~ M. Kaheny, ~ity Attorney Dated: MuniFinancial~~ M~I lo ~/~y/~Camant, ;re~ & CEO Exhibit List to Agreement (X) Exhibit A. 2ptyl3.wp Standard Form-Two Party Agreement (Thirteenth Revision) May 25, 1999 Page 13 Exhibit A to Agreement between City of Chula Vista and MuniFinancial, Inc./A Willdan Company 1. Effective Date of Agreement: Upon Approval by City Council 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: [insert business form] , a 3. Place of Business for City: City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910 Voice Phone: (619) 691-5258 Fax Phone: (619) 691-5171 4. Consultant: MuniFinancial, Inc./A Willdan Company 5. Business Form of Consultant: ( ) Sole Proprietorship ( ) Partnership (X) Corporation 6. Place of Business, Telephone and Fax Number of Consultant: 28765 Single Oak Drive, Suite 200 Temecula, California 92590 Voice Phone: (909) 699-3990 Fax Phone: (909) 699-3460 2ptyl3.wp Standard Form-Two Party Agreement (Thirteenth Revision) May 25, 1999 Page 14 7. General Duties: The Consultant shall be responsible for coordinating the collection of all delinquent installment payments as requested by the City for any Assessment District within the City of Chula Vista assigned during the time period January 1, 2001 to December 31, 2003 in accordance with the City's covenants in the Bond Indenture for each Assessment District. 8. Scope of Work and Schedule: A. Detailed Scope of Work: 1) Based upon data obtained from the County tax Collector reflecting payments received and posted by the County, the Consultant shall provide timely bi-annual reports of delinquent parcels to the City and coordinate inquiries from delinquent property owners. 2) Upon authorization by the City after receipt and approval of the reports, the Consultant shall contact the delinquent property owner by way of delinquency reminder, demand and foreclosure letters, sent on the Consultant's letterhead, in an attempt to rectify the delinquency. The delinquency reminder and demand letters shall be sent by United States First Class Mail; the foreclosure letters shall be sent via Certified Mail. Copies of detail reports showing which property owners were sent reminder, demand and foreclosure letters shall be forwarded to the City. 3) The Consultant shall be responsible for requesting direct payments to the City by the delinquent property owners and removal of the delinquent assessments from the County tax roll. All delinquent payments, which shall also include penalties and Consultant's fees, shall be made out to the City. 4) While still acting pursuant to covenants the City h~s in the Bond Indenture, the Consultant shall be responsible for negotiating repayment schedules as the City may approve with the delinquent property owners to avoid foreclosure, if this is acceptable to the property owners. 5) The Consultant shall, at the City's request or the Consultant's inability to collect the adequate installments, turn over any uncollected delinquencies to Foreclosure Counsel with the consent of the City via letter in a timely manner so that judicial foreclosure proceedings can be initiated pursuant to the City's Covenants in the Bond Indenture and the City's contract with Foreclosure Counsel. 2ptyl3.wp Standard Form-Two Party Agreement (Thirteenth Revision) May 25, 1999 Page 15 6) The Consultant is currently developing a new software program which shall provide a centralized database of information regarding special districts administered by the Consultant for the City and general parcel related information regarding Assessment Districts. Once completed and tested, access to the program shall be licensed to the City and made available to City staff through Internet remote access. The Consultant has incurred the costs of development of the program without cost to the City. Upon execution of the Consultant's license agreement, the City's license to access the System shall be at no additional cost. The Consultant shall absorb the cost of maintaining data contained in the program as part of the regular consulting fees paid under this Agreement. B. Date for Commencement of Consultant Services: (X) Same as Effective Date of Agreement ( ) Other: C. Dates or Time Limits for Delivery of Deliverables: Deliverable No. 1: shall be as specified in each Assessment District,s Bond Indenture for items included under Scope of Work, otherwise, the time limits therefore are as soon as is reasonably possible by Consultant. D. Date for completion of all Consultant services: That date when all delinquent parcels assigned to the Consultant have been resolved or upon notification from City of contract termination. 9. Insurance Requirements: (X) Statutory Worker's Compensation Insurance ( ) Employer's Liability Insurance coverage: (X) Commercial General Liability Insurance: $1,000,000. (X) Errors and Omissions insurance: $250,000 (not included in Commercial General Liability coverage). 10. Materials Required to be Supplied by City to Consultant: The City shall furnish the Consultant with the following documents and information: A. Dates the Bonds in each existing District were issued (the closing dates). 2ptyl3.w-pStandard Form Two Party Agreement (Thirteenth Revision) May 25, 1999 Page 16 B. Dates of the bonds in each existing district. C. Beginning years of debt service and initial interest rate on the bonds. D. Last years of debt service and final interest rate on the bonds. E. Copies of the following resolutions for each of the districts: 1. Confirming the assessments and ordering construction of the improvements. 2. Authorizing issuance of the bonds and approving the terms thereof. 3. Authorizing the foreclosure action. 4. Authorizing the execution of this agreement. F. Bond Indenture Documents. 11. Compensation: A. ( ) Single Fixed Fee Arrangement. For performance of all of the Defined Services by Consultant as herein required, City shall pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth below: Single Fixed Fee Amount: , payable as follows: Milestone or Event or Deliverable Amount or Percent of Fixed Fe~ ( ) 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 desi~ulated 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 2ptyl3.wpStandard Form Two Party Agreement (Thirteenth Revision) May 25, 1999 Page 17 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. B. ( 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 1. $ 2. $ 3. $ ( ) 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 2ptyl3.wpStandard Form Two Party Agreement (Thirteenth Revision) May 25, 1999 Page 18 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. C. ( ) Hourly Rate Arrangement 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 herein below according to the following terms and conditions: (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 shall perform all of the Defined Services herein required of Consultant for $ including all Materials, and other "reimbursables" ("Maximum Compensation"). (2) ( ) Limitation without Further Authorization on Time and Materials Arrangement At such time as Consultant shall have incurred time and materials equal to ("Authorization Limit"), Consultant shall not be entitled to any addi- tional compensation without further authorization issued in writing and approved by the City. Nothing herein shall preclude Consultant from providing additional Services at Consultant's own cost and expense. (3) (X) Additional Services Upon Request At any time during the term of this agreement the City Engineer may request the Consultant to perform additional services. The Consultant shall perform the same on a time and material basis at the rates listed below, in an amount not to exceed $5,000 per year. 2ptyl3.wpStandard Form Two Party Agreement (Thirteenth Revision) May 25, 1999 Page 19 Rate Schedule Category of Employee Name of Hourly of Consultant Employee Rate Division Manager Paul Whitelaw,' Lyn Gruber $180.00 Senior Project Manager $125.00 Project Manager $105.00 Senior Analyst Pam Hargesheimer $85.00 Analyst Gladys Medina $75.00 Analyst Assistant $65.00 Property Owner Services Representative $50.00 Support Staff $45.00 ( ) Hourly rates may increase by 6% for services rendered after [month], 19 , if delay in providing services is caused by City. D. (X) Other The City shall pay to the Consultant an annual base fee of $2,500.00 in January of each year of the contract after receipt of an invoice from the Consultant. For performance of the Defined Services by Consultant as herein required, City shall pay Consultant a fee for each Item of Work per parcel. A parcel that is delinquent in more than one district shall be billed for reminder and demand letters as if delinquent in only one district. The fees listed below are invoiced to the City as the services are performed; the fees shall be payable upon receipt of invoice and verification of its completeness and correctness. Payment plan fees shall be payable to the Consultant upon receipt of the first installment from the delinquent property owners. The Items of Work and their corresponding fees are set forth below: 2ptyl3.wpStandard Form Two Party Agreement (Thirteenth Revision) May 25, 1999 Page 20 Delinquency Reminder Letter $20 per parcel~ Delinquency Demand Letter $30 per parcel Delinquency Foreclosure Letter $42 per parcel Effect Removal from tax roll $102 per parcel per district Subsequent Foreclosure Services2 $150 per parcel per distric~ Payment Plan $200 per parcel per district 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: ( ) None, the compensation includes all costs. Cost or Rate ( } Reports, not to exceed $ : (X) Copies, not to exceed $0.06: (X) Travel, not to exceed $0.325 per mile: ( ) Printing, not to exceed $ : {X) Postage, not to exceed actual costs: ( ) Delivery, not to exceed $ : (X) Long Distance Telephone Charges, not to exceed actual costs: 13. Contract Administrators: City: Elizabeth Chopp, Civil Engineer or Veronica Roble, Accountant, Public Services Building, 276 Fourth Avenue, Chula Vista, CA 91910 ~If an owner owns more than twenty-five (25) delinquent parcels in any district, these per parcel fees shall be reduced by one-half (1/2). Reminder letters for each parcel shall be ten dollars ($10.00); demand letters shall be fifteen dollars ($15.00); foreclosure letters shall be twenty-one dollars ($21.00); and payment plans shall be one hundred dollars ($100.00). 2Subsequent foreclosure fees shall only be paid to the Consultant if and when the delinquent installment is collected by the Consultant in accordance with the City's Covenants in the Bond Indenture. Delinquent installments that are not collected by the Consultant shall not be charged Subsequent Foreclosure Service Fees. 2ptyl3.wpStandard Form Two Party Agreement (Thirteenth Revision) May 25, 1999 Page 21 Consultant: Paul Whitelaw, MuniFinancial, Inc., 28765 Single Oak Drive, Suite 200, Temecula, CA 92590 14. Liquidated Damages Rate: None ( ) $__ per day. ( ) Other: 15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: (X) Not Applicable. Not an FPPC Filer. ( ) FPPC Filer Category No. 1. 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. 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. ( List "Consultant Associates', interests in real property within 2 radial miles of Project Property, if any: 2ptyl3.wpStandard Form Two Party Agreement (Thirteenth Revision) May 25, 1999 Page 22 16. () Consultant is Real Estate Broker and/or Salesman 17. Permitted Subconsultants: N/A 18. Bill Processing: (1) Consultant's Billing to be submitted for the following period of time: ( ) Monthly ( ) Quarterly (X) Annually, for annual base fee. (X) Other: As services are rendered per paragraph IlD of Exhibit A. (2) Day of the Period for submission of Consultant's Billing: ( ) First of the Month ( ) 15th Day of each Month ( ) End of the Month (3) City's Account Number: n/a (Payment from delinquent parcels.) 19. Security for Performance Performance Bond, $ Letter of Credit, $ Other Security: Type: Amount: $ () 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: Retention Percentage: % Retention Amount: $ Retention Release Event: ( ) Completion of All Consultant Services ( ) Other: 2pty13.wpStandard Form Two Party Agreement (Thirteenth Revision) May 25, 1999 Page 23 g'-;fl .. --.......------.--- --."-.-. ---.- _..---- RESOLUTION NO. 2002 -_ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE AGREEMENT WITH MUNIFINANCIAL, INC. FOR ASSESSMENT DISTRICT DELINQUENCY MONITORING TO INCLUDE COMMUNITY FACILITIES DISTRICTS (CFDS) AND AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT WHEREAS, on December 19, 2000 Council adopted Resolution 2000-471 which approved a three-year agreement with MuniFinancial, Inc. for delinquency management of the City's Assessment Districts for the period ofJanuary 1,2001 to December 31, 2003; and WHEREAS, the City established six Community Facilities Districts (CFDs) during Fiscal Year 1998-99 in accordance with the Community Facilities Act of 1982 and began billing such districts on the tax roll in Fiscal Year 1999-2000; and WHEREAS, the City subsequently established, or is in the process of establishing, five new Community Facilities Districts. Five of the eleven districts included the issuance of bonds for the acquisition of public improvements, such as major streets and associated utilities; and WHEREAS, the Bond Indentures for the Community Facilities Districts also specify the allowable level of delinquencies and the conditions under which the City must begin foreclosure proceedings on delinquent properties; and WHEREAS, since these districts are all new, the City originally did not have delinquencies which required the commencement of foreclosure proceedings. However, since December 2000 assistance has been needed to notify and pursue delinquent property owners; and WHEREAS, the existing agreement with MuniFinancial provides for performance of additional services at the City's request up to a maximum of$5,000 per year. This action would add the City's bonded Community Facilities Districts (CFDs) to this contract by means of a First Amendment in order to insure that the City's fiduciary responsibilities to the bondholders is fulfilled. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula Vista, does hereby approve the First Amendment to the Agreement with MuniFinancial, Inc. for assessment district delinquency monitoring to include Community Facilities Districts (CFDs) and authorize the Mayor to execute said amendment. g'30 Presented by: John P. Lippitt Director of Public Works J: \A ttorncy\RESO\M unifinanciaLFirstAmend.doc Approved as to form by: ~~L(Aß1J John . aheny City Attorney 2 f-3/ DRAFT FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF CHULA VISTA AND MUNIFINANCIAL, INC./A WILLDAN COMPANY FOR ASSESSMENT DISTRICT DELINQUENCY MONITORING AND COLLECTION SERVICES THIS FIRST AMENDMENT TO into this day of OF CHULA VISTA, a municipal INC./A WILLDAN COMPANY. AGREEMENT, is made and entered , 2002, by and between the CITY corporation, and MUNIFINANCIAL, WHEREAS, the City of Chula Vista, by Resolution No. 2000-471 on December 19, 2000, approved an Agreement with MuniFinancial, Inc. /A Willdan Company to provide delinquency services for City's Assessment Districts Management ("Agreement"); and WHEREAS, the City has formed Assessment Districts pursuant to the Municipal Improvement Act of 1913 to impose assessments on benefitting properties to finance the construction of various improvements; and, WHEREAS, the City has formed Community Facilities Districts pursuant to the Community Facilities Act of 1982 to impose special taxes on benefiting properties to finance the construction of various improvements; and, Whereas, limited obligation bonds were issued to fund the unpaid assessments pursuant to the Improvement Bond Act of 1915 and the Community Facilities Act of 1982; and, Whereas, the City must begin proceedings when parcels become assessment installment; and, judicial delinquent foreclosure on their 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. 1 g, 3;}- NOW, THEREFORE, the parties agree as follows: I. Exhibit A, Section 7 of the Agreement is hereby amended to read as follows: 7. General Duties: 1. The Consultant shall be responsible for coordinating the collection of all delinquent installment payments as requested by the City for any Assessment District and/or Community Facilities District within the City of Chula Vista assigned during the time period January 1, 2001 to December 31, 2003 in accordance with the City's covenants in the Bond Indenture for each Assessment District and Community Facilities District. II. Exhibit A, section 8A.6 of the Agreement is hereby amended to read as follows: 6) The Consultant is currently developing a new software program which shall provide a centralized database of information regarding special districts administered by the Consultant for the City and general parcel related information regarding Assessment Districts and Community Facilities Districts. Once completed and tested, access to the program shall be licensed to the City and made available to City staff through Internet remote access. The Consultant has incurred the costs of development of the program without cost to the City. Upon execution of the Consultant's license agreement, the City's license to access the System shall be at no additional cost. The Consultant shall absorb the cost of maintaining data contained in the program as part of the regular consulting fees paid under this Agreement. I I 1. Exhibit A, section llC. 3 of the Agreement is hereby amended to read as follows: (3) (X) Additional Services Upon Request At any time during the term of this agreement the City Engineer may request the Consultant to perform additional services. The Consultant shall perform the same on a time and material basis at the rates listed below, in an amount not to exceed $5,000 per year. 2 g-33 Rate Schedule Category of Employee of Consultant Name of Employee Hourly Rate Division Manager Principal Consultant Senior Project Manager Project Manager Senior Analyst Paul Whitelaw, Lyn Gruber $180.00 $145.00 $125.00 $105.00 $ 85.00 Analyst Analyst Assistant Property Owner Services Representative Support Staff Pam Hargesheimer Maureen Coleman Gladys Medina $ 75.00 $ 65.00 $ 50.00 $ 45.00 IV. Exhibit A, section lID of the Agreement is hereby amended to read as follows: D. (X) Other The City shall pay to the Consultant an annual base fee of $2,500.00 in January of each year of the contract for all Assessment Districts formed prior to the date of this contract plus an additional annual fee of $500 per District for each Community Facilities District after receipt of an invoice from the Consultant. The City shall additionally pay a one-time set up fee of $250 per District for each Community Facilities District. For performance of the Defined Services by Consultant as herein required, City shall pay Consultant a fee for each Item of Work per parcel. A parcel that is delinquent in more than one district shall be billed for reminder and demand letters as if delinquent in only one district. The fees listed below are invoiced to the City as the services are performed; the fees shall be payable upon receipt of invoice and verification of its completeness and correctness. Payment plan fees shall be payable to the Consultant upon receipt of the first installment from the delinquent property owners. The Items of Work and their corresponding fees are set forth below: 3 &>'3i Delinquency Reminder Letter Delinquency Demand Letter Delinquency Foreclosure Letter Effect Removal from tax roll $20 per parcell $30 per parcel $42 per parcel $102 per parcel per district $150 per parcel per district $200 per parcel per district Subsequent Foreclosure Services2 Payment Plan The Consultant will charge $150 per payoff quote per parcel. This fee shall be waived for the City, the property owner(s), Foreclosure Counsel, and any entity under contract to work on behalf of the City. Said fee shall be billed directly to the requesting party and shall not be billed to the City. V. All other terms and conditions not modified by this First Amendment to the Agreement shall remain in full force and effect. lIf an owner owns more than twenty-five (25) delinquent parcels in any district, these per parcel fees shall be reduced by one-half (1/2). Reminder letters for each parcel shall be ten dollars ($10.00); demand letters shall be fifteen dollars ($15.00); foreclosure letters shall be twenty-one dollars ($21.00); and payment plans shall be one hundred dollars ($100.00). 2Subsequent foreclosure fees shall only be paid to the Consultant if and when the delinquent installment is collected by the Consultant and/or Foreclosure Counsel in accordance with the City's Covenants in the Bond Indenture. Delinquent installments that are not collected by the Consultant and/or Foreclosure Counsel shall not be charged Subsequent Foreclosure Service Fees. 4 g'35 SIGNATURE PAGE TO FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF CHULA VISTA AND MUNIFINANCIAL, INC./A WILLDAN COMPANY CITY OF CHULA VISTA MUNIFINANCIAL, INC./ A WILLDAN COMPANY Shirley Horton, Mayor Attest: City Clerk Approved as to form: City Attorney J:\Attorney\Agree\MuniFinancial First Amend 5 t~3~ COUNCIL AGENDA STATEMENT Item No~ Meeting Date 5/28/02 ITEM TITLE: Resolution Declining Participation in the 2002-2003 Juvenile Accountability Incentive Block Grant Program and Supporting Transfer of $45,665 from the Program to the County of San Diego to enhance the Regional Juvenile Information System Chief of POliCY a~ City Manager ( (4/5ths Vote: Yes_ No ~.,r,J 0' x ) SUBMITTED BY: REVIEWED BY: The Federal Office of Juvenile Justice and Delinquency Prevention is continuing with the Juvenile Accountability Incentive Block Grant monies, which are available through the California Office of Criminal Justice Planning. A total of $1.1 million dollars is available to the San Diego region and it is proposed that all of the agencies in the County pool resources in an effort to enhance accountability of juveniles in the justice system. RECOMMENDA rION: That the Council decline participation in the 2002-2003 Juvenile Accountability Incentive Block Grant Program and support the transfer of $45,665 from the program to the County of San Diego to enhance the Regional Juvenile Information System. BOARDS/COMMISSIONS RECOMMENDATIONS: Not Applicable DISCUSSION: The Federal Office of Juvenile Justice and Delinquency Prevention is for the fourth year accepting requests for application for the Juvenile Accountability Incentive Block Grant Program. The grant will be effective from July 01, 2002 through June 30, 2003, with money available through the California Office of Criminal Justice Planning. The San Diego region, based on law enforcement expenditures and violent crime arrest data, has been allocated $1.1 million dollars in grant funding of which Chula Vista is entitled to $45,665. The funds must be spent on specific program areas. The Regional Juvenile Information System meets these requirements as set forth in the following components. q-/ Page 2, Item ~f Meeting Date 5/28/02 Component One Component number one saw the actual completion of the initial grant expenditures, which focused on making comprehensive improvements to information and communication systems. This was accomplished through key infrastructure upgrades to the Probation, County Council and Public Defender systems. The development of the Juvenile Court web site has been completed which links the Regional Justice information System (REJIS) and provides electronic access to information on juveniles to local law enforcement. Component Two Component number two established working relationships between Probation and law enforcement agencies. In June 2000, eight Deputy Probation Officers were stationed in thirteen San Diego Police Department and Sheriff stations around the County to implement the Community Response Officer Program (CROP). In addition, a planning group was formed to research the feasibility of piloting Resource/Drop Off Centers for Juveniles. Representatives from Juvenile Court, San Diego Superior Court, District Attorney, Probation, and law enforcement agencies met with community stakeholders to define needs and resources. A consultant has been hired to conduct the study and facilitate planning meetings. Component Three Component number three contained the expansion of the Probation Case Management System interface and CROP program, completion of the feasibility study and continued exploration and refinement of information sharing techniques. A portion of the third year funding and realignment of currant CROP assignments allowed for three officer positions providing coverage in Carlsbad, Escondido, La Mesa, El Cajon, National City and Chula Vista. Component Four Goals slated for FY 02/03 include continuation of the CROP program, which currently serves twenty-three sites throughout the County of San Diego including the City of Chula Vista, upgrades and maintenance to the web site and computer linkages between law enforcement, probation, the court system and the school districts and implementation of a Mid-City Community Resource Drop-Off Center. The allocation for the City of Chula Vista, if we were to submit our own proposal would be $45,665 with 10% ($4,566) cash match required. A letter outlining the Juvenile Accountability Incentive Block Grant and its goals is attached. (Attachment A). Page 3, Item ~ Meeting Date 5/28/02 Staff supports the County's proposal to pool all funds in an effort to enhance the flow of information between County Probation and the Municipal police and Sheriff's Departments in this County. The program also enhances accountability and puts juveniles back on track. Specifically, Chula Vista and other communities in the region will benefit from this exchange of information. The Police Department's Patrol and School Resource Officers (SRO) have immediate access to the status of a probationer as well as their status within the school system. All Agencies will further benefit through the upgrade of the existing Regional Juvenile Information System, the planning process and the Community Resource Officer Program. Additional resources will be available by having the Community Resource Officers assigned throughout the region. The commitment of the $45,665 grant will aid in the regional efforts involving law enforcement. The review of this grant will be conducted by the Juvenile Justice Coordinating Council, which is currently chaired by Probation Chief, Alan Crogan. This item has been endorsed by the San Diego Police Chiefs' and Sheriff's Association who support the County's endeavor to secure grant funding for enhancing this regional concept. FISCAL IMPACT: There will be no impact to the general fund as a result of allowing the County to secure the grant. The County will pay the 10% local match and there will not be maintenance or a user fee associated with the upgrade of the Regional Juvenile Information System. Attachment A - Letter from Probation Chief, Alan Crogan  ATTACHMENT A OUntp of DAVID E. CRANFORD CHIEF PROBATION OFFICER ASSISTANT CHIEF PROBATION OFFICER DEPARTMENT OF PROBATION POST OFFICE BOX 23597, SAN DIEGO, CALIFORNIA, 92193-3597 May 6, 2002 Rick Emerson, Chief Chula Vista Police Department 276 Fourth Avenue Chula Vista, CA 91910 2002 JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT Dear Chi~ ~--}~ ~ I am writing this letter to thank you and your city for designating your share of Juvenile Accountability Incentive Block Grant (JAIBG) funding to a pool of funds administered by the County Probation Department and the Juvenile Court. I am also writing to inform you that the Office of Criminal Justice Planning (OCJP) has released the Request For Applications for JAIBG 2002. The grant application is due to OCJP by May 24, 2002. The goal of JAIBG is to promote greater accountability of juveniles in the justice system. The grant is effective June 30, 2002 through June 29, 2003. Each year, your city has signed and notarized the form required by OCJP to waive your allocation to the County of San Diego, "Waiver of Direct Subgrant Award From Unit of Local Government". This authorizes the County to apply for and expend JAIBG funds. The County Probation Department contributes the 10% cash match, completes required reports, coordinates audits and responds to inquiries related to the grant. Attachments to this letter include an allocations chart, project accomplishments, the Community Response Officer Program (CROP) staffing/regions, and the Waiver of Direct Subgrant Award From Unit of Local Government form. If your city intends to continue in its partnership with the County of San Diego and cities throughout the County, I will need your Waiver of Direct Subgrant Award From Unit of Local Government form by May 19, 2002. Also, please let us know who the contact person is for this project. If you have questions, you may contact the Project Director, Rick Fairchild, at (858) 694-4399, rickfairchild(~,sdcounty.ca, gov or the Program Analyst, Lynn Titialii, at (858) 514-3204, lynn.titialii~sdcounty.ca.gov. Thank you for your support. I look forward to continuing to work together in the support of innovative programs to further our communication and working relationships. Chief Probation Officer cc: Shirley Horton, Mayor David Rowlands, City Manager (receives Waiver of Direct Subgrant for processing and signamre) Attachments 1. 2002-03 Allocations Chart 2. Project accomplishments 3. Community Response Officer Program (CROP) Staffing 4. Waiver of Direct Subgrant Award From Unit of Local Government form RESOLUTION RESOLUTION DECLINING PARTICIPATION IN THE 2002-2003 JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT PROGRAM AND SUPPORTING TRANSFER OF $45,665 FROM THE PROGRAM TO THE COUNTY OF SAN DIEGO TO ENHANCE THE REGIONAL JUVENILE INFORMATION SYSTEM WHEREAS, the City of Chula Vista declines to directly participate in the 2002- 2003 Juvenile Accountability Incentive Block Grant Program administered by the Office of Criminal Justice Planning (hereafter referred to as OCJP); and, WHEREAS, the City supports the transfer of $45,665 designated to the City of Chula Vista via the Juvenile Accountability Incentive Block Grant Program to the County of San Diego for enhancement of the Regional Juvenile Information System; and, WHEREAS, the City supports the upgrade of the Regional Juvenile Information System to better enable law enforcement personnel to know the status of young people and their criminal involvement throughout the region; and, WHEREAS, the City supports the comprehensive planning process to design an effective program for drop-off sites and the continual establishment of a regional program for the implementation of a Community Response Officer Program; and, WHEREAS, the County of San Diego shall agree to provide all matching funds required for the set project (including any amendment thereof, and including the matching funds for the City's allocation) under the program, ending funding terms and conditions including cash-match required by OCJP; and, WHEREAS, any liability arising out of the performance of the grant award agreement, including civil court actions for damages, shall be the responsibility of the County of San Diego and not the responsibility of the City; and, WHEREAS, the City, the State of California and OCJP disclaim responsibility for any such liability; and, WHEREAS, the funds received shall not be used to supplant expenditures controlled by the County of San Diego; and, 9-& NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby decline participation in the 2002-2003 Juvenile Accountability Incentive Block Grant Program and supports the transfer of $45,665 from the program to the County of San Diego to enhance the Regional Juvenile Information System. Presented by: Approved as to form by: Richard P. Emerson Chief of Police ('òR q-'7 COUNCIL AGENDA STATEMENT Item: /O Meeting Date: ITEM TITLE: Resolution of the City Council of the City of Chula Vista waiving the City's formal bidding process, approving an agreement between the City of Chula Vista; Burkett & Wong, Consultant; and McMillin Otay Ranch, LLC and Otay Project, LLC for the preparation of a Public Facilities Finance Plan for the Otay Ranch Freeway Commercial, and authorizing the Mayor to execute said agreement. SUBMITTED BY: Director of Planning and Building~ REVIEWED BY: City Manager&~9~ (4/5tbs Vote: Yes~o X ) The McMillin Companies has submitted a Sectional Planning Area (SPA) Plan for Freeway Commercial of the Otay Ranch Planning Area 12. The Otay Ranch General Development Plan and the City's Growth Management Ordinance require the preparation of a Public Facilities Finance Plan (PFFP) with each SPA in order to evaluate the project under the City's Growth Management Threshold Standards. The Otay Ranch Company is a co-applicant in the SPA plan and will assume a proportional share of the cost of the PFFP document. Because of their unique qualifications, staff is recommending the City's formal bidding process be waived and the firm of Burkett & Wong be selected to prepare the PFFP for the Freeway Commercial SPA Plan. The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that there is no possibility that the activity may have a significant effect on the environment; therefore, pursuant to Section 15061(b)(3) of that State CEQA Guidelines the activity is not subject to CEQA. Thus no environmental review is necessary. RECOMMENDATION: That the City Council adopt the resolution waiving the City's formal bidding process, approving an agreement between the City of Chula Vista, Burkett & Wong, McMillin Otay Ranch, LLC and Otay Project, LLC for consulting services related to the preparation of a PFFP for Freeway Commercial of Otay Ranch, and authorizing the Mayor to execute said agreement. BOARDS/COMMISSIONS RECOMMENDATION: N/A Page 2, Item: ~V Meeting Date: 5/28/02 DISCUSSION: l~lackgrcm ncl The Otay Ranch General Development Plan (GDP) and the City's Growth Management Ordinance require the preparation of a PFFP for all SPA Plans in the Otay Ranch. The PFFP is required to evaluate the proposed projects in relationship to the City's 11 Growth Management Threshold Standards to ensure that the City's standards are maintained through the development of the SPA Plan. The Planning and Building Department staff is currently reviewing and processing SPA Plans for the Freeway Commercial portion of Planning Area 12. Planning Area 12 contains both the Freeway Commercial and the Eastern Urban Center. Otay Ranch GDP policies allow the processing of separate SPA plans for each area. C~nnRnltant $Iervice~ Relectinn Prnne~R On July 13, 2000, the Planning Division sent the four fa'ms on list of qualified consultants a Request for Proposal to prepare the PFFPs for Villages Six and 11 and the Freeway Commercial Area of Planning Area 12. Only two fLrms responded: Burkett & Wong and MuniFinanacial. The others declined to propose but requested that they remain on the list for future PFFPs for the Eastern Urban Center and Village Two. The firm of Burkett and Wong was selected to prepare the PFFPs for the Village Six and 11 SPA plans. The City in conjunction with the developers decided to focus their efforts on the two villages and take up the Freeway Commercial subsequent to the approval of the villages' SPA plans. Since there was a competitive bidding process in 20130 for that included the Freeway Commercial area, staff is recommending the process be waived at this time. In addition, based on their technical expertise, past performance and unique qualifications, staff recoreanends that it is in the City's best interest that the Freeway Commercial PFFP be sole sourced to Burkett & Wong. Burkett & Wong proposed to do this work for $37,000. The consultant represents that they are experienced and staffed in a manner that they can prepare and deliver the required services to the City within the necessary time frames. The Planning Division staff has negotiated the details of this agreement in accordance with procedures set forth in Section 2.56.220-224 of the Chula Vista Municipal Code. ,qcnpe-nf-Wnrk Under the agreemem, which is base on the City's standard three-party agreement, between the City of Chula Vista; Burkett & Wong; and the project applicants, Burkett & Wong will perform tasks associated with the scope-of-work for the preparation of separate PFFPs for Freeway Page 3, Item: I b Meeting Date: 5/28/02 Commercial. The scope-of-work includes the following tasks: 1. Research and Analysis 2. Facilities Analysis 3. Fiscal Impact Analysis 4. Traffic Study 5. Preparation of PFFP 6. Public Hearings 7. Preparation of Draft Tentative Map Conditions of Approval FISCAL IMPACT: There would be no resulting impact to the General Fund. McMillin and Otay Ranch, not the City, compensate the consultant at the applicants' sole cost and expense. The total amount for the contract is $37,000 for Burkett & Wong's consultant services, which the developers have agreed will be split between McMillin and the Otay Ranch Company on a 75% to 25% ratio. The existing deposit accounts for both developers will be expanded to cover the cost of the PFFP preparation. Burkett and Wong have contracts exceeding $50,000 in the past 12 months. Attachments 1. Agreement between the City of Chula Vista, Burkett and Wong, McMillin Otay ranch LLC and Otay Project LLC to Prepare Public Facilities Finance Plan for the Otay Ranch Freeway Commercial SPA Plan J:\Planrùng\Otayranch\Freeway Commercial SPA\McPFFPcontractAI13_doc /0··3 RESOLUTION NO. 2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ClillLA VISTA WAIVING THE CITY'S FORMAL BIDDING PROCESS, APPROVING AN AGREEMENT BETWEEN THE CITY OF ClillLA VISTA; BURKETT & WONG, CONSULTANT, MCMILLIN OTAY RANCH, LLC AND OTAY RANCH, LLC; APPLICANTS, FOR THE PREPARATION OF A PUBLIC FACILITIES FINANCE PLAN FOR THE FREEWAY COMMERCIAL PORTION OF PLANNING AREA 12 IN THE OTAY RANCH GENERAL DEVELOPMENT PLAN, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. WHEREAS, the Applicant has deposited or will deposit the total sum for the processing of requests for proposals, draft and final Public Facilities Financing Plans and Fiscal Impact Analysis, and all other necessary documents as outlined in the contract at Exhibit A, and WHEREAS, public notice of the required consulting services was given to the consultants included on the City's list of prospective consultants for preparation of Public Facilities Financing Plans(PFFP) / Fiscal Impact Analyses (FIA), inviting prospective consultants to submit proposals for preparation of the Freeway Commercial SPA PFFP/FIA, and WHEREAS, it is in the City's best interest to waive the City's formal bidding process of consulting services as Burkett and Wong are uniquely qualified to prepare the PFFP for the Freeway Commercial SPA Plan since they have prepared the PFFPs for SPA plans for Otay Ranch villages immediately east and west of the proposed site and have the technical expertise to do so; WHEREAS, the selection committee which has in accordance with Section 2.56.110 of the Chula Vista Municipal Code, recommended the Consultant noted in Exhibit A of the contract to perform the required services for the City, and WHEREAS, the Contract Administrator has negotiated the details of this Agreement in accordance with procedures set forth in Sections 2.56.110 of the Chula Vista Municipal Code. NOW, THERFORE, BE IT RESOVLED the City Council of the City of Chula Vista does hereby waive the City's formal bidding process and approve the agreement between the City of Chula Vista; Burkett & Wong, Consultant; McMillin Otay Ranch, LLC, and Otay Project, LLC, Applicants for the preparation of a Public Facility Finance Plan for the /0 ~Lf Freeway Commercial SPA Plan, 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 for and on behalf of the City of Chula Vista. Presented by Approved as to form by ~c~. John eny City Attorney Robert A. Leiter Director of Planning and Building J:AttorneyRESOPFFP.reso.doc /o~ ::5 DRAFT THE A TT ACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALL Y SIGNED UPON APPROVAL BY THE CITY COUNCIL tfi JlYt c~ ~hn M. Kaheny City Attorney Dated: S-.-- f-.J" -0 ~ 10 - (p Agreement Between the City of Chula Vista, Burkett & Wong, Consultant, McMillin Otay Ranch, LLC and Otay Ranch LLC for the Preparation of a Public Facilities Finance Plan for the Freeway Commerical Porttion of Planning Area 12 in the Otay Ranch General Development Plan 05/13/2002 MON 15:56 FAX 1i!I002 DRAFT Three-Party Agreement Between City of Chula Vista, Burkett and Wong, (Consultant), and McMillin Otay Ranch, LLC, (Applicant) Otay Project, LLC (Applicant) For Consulting Work to be Rendered in Preparation of a Public Facilities Financing Plan and Fiscal Impact Analysis for the Applicant's Freeway Commercial Project 1. 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 consulting firm of Burkett and Wong designated on the attached Exhibit A as "Consultant", whose business form and address is indicated on .the attached Exhibit A, and the persons designated on the attached Exhibit A as "Applicant," McMillin Otay Ranch, LLC, and Otay Project, LLC, (collectively referred to hereinafter as "Applicant") whose business form and addresses are indicated on the attached Exhibit A, and is made with reference to the following facts: 2. Recitals, Warranties and Representations. 2.1. Warrantv of Ownership. Applicant warrants that Applicant is the owner ofland ("Property") commonly koown as, or generally located as described in Exhibit A, Paragraph I, or has an option or other entitlement to develop said Property. 2.2. Applicant desires to develop the Property with the Project described on Exhibit A, Paragraph 2, and in that regard, has made application ("Application") with the City for approval of the plan, map, zone, or other permits ("Entitlements") described in Exhibit A, Paragraph 3. 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 ofretaining, Consultant, who shall perform the services required of Consultant J :IPlanninglOtayranchlFreeway Commercial SPA IPFFPcontrt.doc 5113/02 Three Party Agreement Page 1 /ô-1 05/13/2002 MON 15:57 FAX by this Agreement solely to, and under the direction of, the City. 2.6. Additional facts and circumstances regarding the background for this Agreement are set forth on Exhibit B. 3. Agreement. NOW, THEREFORE, IT IS MUTUALLY AGREED TO AND BETWEEN THE CITY, CONSULT ANT 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 to, and for the primary benefit of, City, and solely at City's direction, all of the services described in the attached Exhibit A, Paragraph 4, entitled "General Nature of Consulting Services," ("General Services '), and in the process óf performing and delivering said General Services, Consultant shall also perform to and for the benefit of City 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 Gèneral 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 to and for the primary benefit. of the City 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, techoical, 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 ri:1ationship indicated by a "checkmark" J:IPlanninglOlayranchlFreeway Commercial SPAIPFFPcontrt.doc 5113/02 Thrcc Party Agreement Page 2 /o-rt 1i!I003 05/13/2002 MON 15:57 FAX Ii!I004 next to the appropriate arrangement, by paying said amount to the City, within fifteen (15) days of Consultant's billing, or in accordance with the security deposit provisions of Paragraph 3.3 and Exhibit C, if checked, and upon receipt of such payment by the City, City shall promptly, not later than fifteen (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 receives 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 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 the Applicant fails or refuses to arrange and pay for said Additional Services, the City may, at its option, suspend any further processing of Applicant's Application until the Applicant shall deposit the City's estimate of the costs of the additional work which the City determines is or may be required. Applicant shall pay any and all additional costs for the additional work. 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 10 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. Securitv for Payment of Compensation bv Applicant. 3.3.1. Deposit. As security for the payment of Consultant by Applicant, Applicant shall, upon execution of this Agreement, deposit the amount indicated in Exhibit Cas" Deposit Amount" with the City, as trustee for Consultant, the conditions of such trust being as indicated in Exhibit C and as hereinbelow set forth: 3.3.1.1 Other Terms of Deoosit Trust. 3.3.1 . 1. 1. City shall also be entitled to retain from said Deposit all J:\PlannillgIOtayranchlFreeway Commercial SPA \PFFPeolltrt.doe 5/13/02 Three Party Agreement Page 3 /0-1 05/13/2002 MON 15:58 FAX Ii!! 005 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 accoµnt, 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 thirty (30) days after the termination of this Agreement and any claints resulting therefrom. 3.3.1.1.4. Applicant shall be notified within thirty (30) days after the use of the Deposit in any manner. Nothing herein shall invalidate use of the Deposit in the manner herein authorized. 3.3.1.1.5. At such time as City shall reasonably determine that inadequate funds remain on Deposit to secure future compensation likely due Consultant or City, City may make demand of Applicant to supplement said Deposit Amount in such amount as City shall reasonably specify, and upon doing so, Applicant shall, within thirty (30) days pays said amount ("Supplemental Deposit Amount") to City. Said Supplement Deposit Amount or Amounts shall be governed by the same terms of trust governing the original Deposit. 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. I. 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 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: 4.1.1. Statutory Worker's Compensation Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 10. J:IPlanninglOtayranchlFreeway Commercial SPA IPFFPcontrt.doc 5/13/02 Three Party Agreement Page 4 /0-/0 05/13/2002 MON 15:58 FAX Ii!! 006 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 ("Printary 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. Policv 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, The MçMiU in Otay RaI)ch, LLC, demonstrating same and naming McMillin Otay Ranch LLC and the City of Chula Vista as additional insureds. 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 lecrnres on the Project, either during the course of the study or after its completion, except on written concurrence of the City and Applicant. 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 Applicant, 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. J:IPlanning\OtayranchlFreeway Commercial SPA IPFFPcontrt.doc 5/13/02 Three Party Agreement Page 5 /0 - / / 05/13/2002 MON 15:59 FAX Ii!! 007 5.2. Property Access. The Applicant hereby grants permission to the City and Consultant to enter and access the Property, provided that the applicant is given forty-eight (48) hours notice prior to the City or consultant entering the property, to take any borings, make any tests, conduct any survcys 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. Communication to Applicant. Consultant shall not communicate directly to the Applicant except in the presence of the City, or by writing an exact copy of which is simultaneously provided to City, except with the express consent of City. The Consultant may request such meetings with the Applicant to ensure the adequacy of services performed by Consultant. . 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. 7. Conflicts ofInterest. 7.1. Consultant is Designated as an FPPC Filer. If Consultant is designated in 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. J:IPlanninglOtayranchlFreeway Commercial SPA IPFFPconn1.doc 5/13/02 11uee Party Agreement Page 6 10-/d- 05/13/2002 MON 16:00 FAX Ii!! 008 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 uoder this Agreement. 7.4. Promise Not to ACQuire Conflicting Interests. Regardless of whether Consultant is designated as a 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 intmediate 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"). Consultant further warrants and represents that no promise of future employment, remuoeration, 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 twelve (12) months thereafter. Consultant agrees that Consultant shall not acquire any such Prohibited Interest within the Term of this Agreement, or for twelve (12) months after the expiration of this Agreement. Consultant may not conduct or solicit any business for any party to this Agreement, or for J; IPlanning\OtayranchlFreeway Conunercial SPA IPFFPconttt.doc 5/13/02 Three Party Agreement Page 7 /0-/3 05/13/2002 MON 16:00 FAX Ii!! 009 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 Agreement for Convenience, Documents. 9.1. Notwithstanding any other section or provision of this Agreement, the City shall have the absolute right at any time to terminate this Agreement or any work to be performed pursuant to this Agreement. 9.2. In the event of termination of this Agreement by the City in the absence of default of the Consultant, the City shalI pay the Consultant for the reasonable value of the services actually performed by the Consultant up to the date of such termination, 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 sha]l have no right to terminate Consultant, and shall not exercise any control or direction over Consultant's work. 10. Administrative Claints 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 J:IPlanning\Otayranch\Freeway Commercial SPA IPFFPcontrt.doc 5/13/02 Three party Agreement Page 8 /O-I¥ 05/13/2002 MON 16:01 FAX Ii!! 010 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. Consultant to Indemnify City and Applicant re Iniuries. Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees and Applicant from and against all claims for damages, liability, cost and expense (including without limitation attorneys' fees) arising out of the conduct of the Consultant, or any agent or employees, subcontractors, or others of City or Applicant in connection with the execution of the work covered by this Agreement including entry onto the property, except only for those claims arising from the sole negligence or sole willful misconduct of the City, its officers, or employees, or Applicant, Consultant's indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents, or employees or Applicant in defending against such claints, whether the same proceed to judgment or not. Further, Consultant at its own expense shall, upon written request by the City or Applicant, defend any such suit or action brought against the City, its officers, agents, or employees or Applicant. Consultants' indemnification of City and Applicant shall not be limited by any prior or subsequent declaration by the Consultant, . 11.2. 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 oftïcials, 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. 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. Miscellaneous. 13.1. 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. J:\Planning\Otayranch\Freeway Commercial SPA \PFFPcontrt.doc S/t3/02 Three Party Agreement Page 9 /o~/$ 05/13/2002 MON 16:01 FAX Ii!! 011 13.2. 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, 13.3. Entitlement to Subseauent 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. 13.4. 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. 13.5. 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. 13.6. Governing Law/Venu!<. 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 ofChula Vista. 13.7. Modification. No modification or waiver of any provision of thjs 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. J:IPlanning\OtayranchlFreeway Commercial SPAIPFFPcontrt.doc 5/13/02 Three Party Agreement Page 10 /0 -If¡;; 05/13/2002 MON 16:02 FAX Ii!! 012 13.8. 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. 13.9. 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. 13.10. Headings. The captions and headings in this Agreement are for convenience only and shall not define or limit the provisions hereof. 13.11. 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. 13.12. 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. 13.13. 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. (End of Page. Next Page is Signature Page.) J:\PlanningIOtayranchlFrccway Commercial SPA IPFFPcontrt.doc 5/13/02 Thrce Party Agreement Page 11 /()~/7 05/13/2002 MON 16:02 FAX Ii!! 013 Signature Page Three-Party Agreement Between City of Chul. Vista, Burkett and Wong, (Consultant), and McMillin Otay Ranch, LLC, (Applicant) Otay Project, LLC (Applicant) For Consulting Work to be Rendered in Preparation of a Public Facilities Financing Plan and Fiscal Impact Analysis for the Applicant's Freeway Commercial Project Page 1 of 2 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: City of Chula Vista by Shirley Horton, Mayor Approved as to Form: by: John M. Kaheny, City Attorney Dated: Consultant: Burkett and Wong _ / by: ~~ þony Am ose, Princi Dated: Applicant: The McMillin Otay Ranch LLC, a Delaware limited liability company mpanies, LLC, a Delaware limited By: J; IPlanninglOtayranchIFreeway Commercial SPA IPFFPcontrt.doc 5/13/02 Three Party Agreement Page 12 /0-1'6 05/13/2002 MON 16:02 FAX Ii!! 014 Signatµre Page Three-Party Agreement Between City of Chula Vista, Burkett and Wong, (Consultant), and McMillin Ütay Ranch, LLC, (Applicant) Otay Project, LLC (Applicant) For Consulting Work to be Rendered in Preparation of a Public Facilities Financing Plan and Fiscal Impact Analysis for the Applicant's Freeway Commercial Project Page 2 of 2 ~¡íú~ Applicant: Otay Project, L. P., a California limited partnership Dated: By: Otay Project, LLC, a California limited liability company By: Otay Ranch Development, LLC, a Delaware limited liability company Authorized Member bY:(~ Chuck Cater, ice President J:\Planning\Otayral1eh\FTeeway Commercial SPA \PFFPeontrl.doe 5/13/02 Three Party Agreement Page 13 10 - /1 ..__..0.... _____ .. ... ...--.--.........- .,_,_.._.__.. ..UU_._ ___ _ __ ___n_ ._ ....U__...... /6 -...2-0- 05/13/2002 MON 16:03 FAX Ii!! 015 Exhibit A Reference Date of Agreement: Date Agreement signed by City of Chula Vista Effective Date of Agreement: Date Agreement signed by City of Chula Vista City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910 Consultant: Burkett and Wong Associates Business Form of Consultant: ( ) Sóle Proprietorship ( ) Partnership ( X) Corporation Address: 3434 Fourth Avenue, San Diego California 92103 Applicant: The McMillin Otay Ranch, LLC, a California lintited liability company Business Form of Applicant: ( ) Sole Proprietorship ( ) Partnership ( ) Corporation (X) Other: LLC, A California Limited Liability Company Address: 2727 Hoover Street, National City, California 91950 Applicant: The Otay Project, LP Business Form of Applicant: ( ) Sole Proprietorship (X ) Partnership ( ) Corporation ( ) Other: Address: 350 W. Ash Street, Suite 730, San Diego CA 92101 1. Property (Commonly known address or General Description): The Freeway Commercial Sectional Planning Area (SPA), consists of approxintately 160 acres located in Planning Area 12 of the Otay Ranch GDP south of Olympic Parkway, east of future SR-125, north of Birch Road and west of Eastlake ·Parkway. J:IPlanning\Otayranch\Fre~;ãYCommercial SPA IPFFPcontrt.do;;------- 5113102 Three Party Agreement Page 14 /0-;;;1 05/13/2002 MON 16:03 FAX Ii!! 016 2. Project Description ("Project"): Preparation of a new Public Facilities Financing Plan (PFFP) including a Fiscal Impact Analysis (FIA) for the 160~acrc Freeway Commcrcial Property as required by the City's Growth Management Ordinance and the Otay Ranch GDP in conjunction with the concurrent processing of a new Sectional Planning Area (SPA) Plan for the Freeway Commercial Property of Planning Area 12 of the Otay Ranch GDP. 3. Entitlements applied for: a) NeW Sectional Planning Area (SPA) Plan and associated regulatory documents, including, but not limited to thc following: I) Planning Area Design Plan; 2) Planned Community District Regulations; 3) Air Quality Improvement Plan; 4) Water Conservation Plan; 5) Public Facilitics Financing Plan; b) Second Tier Enviromnental Impact Report c) Tentative Subdivision Map for Freeway Commercial. 4. General Nature of Consulting Services ("Services--General'): Consultant shall prepare the Public Facilities Financing Plan (PFFP) and Fiscal Impact Analysis (FIA) for the Freeway Commercial SPA Plan to identifY the amount, location, timing and financing mechanisms necessary to build and deliver required public facilitics and services to the project, and to identifY the overall, net fiscal impact that the Freeway Commercial project will have on the City in terms of revenues and expenditures. All work to be preformcd pursuant to this agreement shall be to the satisfaction of the Director of Planning and Building. The PFFP shall consist of an indcpendent evaluation of the Freeway Commercial Project's compliance with the City's adopted Growth Management Threshold Standards at buildout of the Freeway Commcrcial Projcct, as well as during its phasing, and provide an asscssment of the probable short-and long-term impacts on those standards, along with recommendations to mitigate the identified inrpacts, and the timing for installation/dclivery of necessary facilitics and services. The FIA component of the PFFP shall consist of an independent evaluation of the project's fiscal impacts on the operation and maintenance budgets of the City (General Fund). The FIA will addrcss the costs and n:Ÿenues to the City as a result of providing infrastructure and services to the Freeway Commercial project. In the course of preparing and finalizing the PFFP and FIA, the Consultant (and any of their permitted sub-contractors) shall attend one public forum, and up to two Planning Commission hearings and two City Council hearings, in addition to meetings with City staff, the EIR consultant, or others as the Planning Department deems necessary to complete the work. J:IPlanning\OtayranchlFreeway Commercial SP AIPFFPcontrt.doc 5/13102 Thee Party Agreement Page 15 / ¿} -';;Øi- 05/13/2002 MON 16:03 FAX ~017 5. Detailed Scope of Work ("Detailed Services"): Consultant shall perform the following Public Facilities Financine: Plan œFFP) - Task A: Preliminary ResearchlData Gathering (Completed by June 19, 2002) Gather and review all available data regarding the Freeway Commercial project, including, to the existing Otay Ranch General Development Plan, and related documents, and any conditions of approval; the techillcal studies prepared for the project; ~FFPs for other eastern Chnla Vista projects; Master Facilities plans; related tentative maps and aSsociated conditions of approval; related City Resolutions; current environmental impact reports with all related back-up techoical reports; and any other environmental documentation including prior EIRs. Hold meetings with City staff, the applicant or their consultants, and affected agencies as necessary to gather and review data. Task B: Identify and. Describe Facilities and Services Impact. (Completed by July 3, 2002) Following the review of the available data, identify in writing facilities and services that may be impacted by the Freeway Commercial SPA Plan pursuant to the adopted City Growth Management Threshold Standards; provide in writing a preliminary cost estimate for the new and/or upgraded infrastructure and services required both on- and off-site to support the Freeway Commercial SPA Plan; and identify costs and financing methods for that infrastructure and services. The ñnancial analysis shall summarize the impact" fees and any fee credits as applicable, and shall coordinate with and incorporate any other relevant fiscal impact data, evaluations or recommendations arising from the Fiscal Impact Analysis (FIA). The above are to consider both the amount of development within the Freeway Commercial SPA Plan, as well as that within other projects in eastern Chula Vista, which are forecast to develop within the same time frame as the Freeway Commercial SPA Plan, and shall analyze conditions during the phasing of the Freeway Commercial· SPA Plan and at buildout of the project. Task C: Independent Evaluation and Recommendations to Mitigate Impacts. (completed by July 17,2002) J:IPlanninglOtayranchlFreeway Commercial SPA IPFFPcontrt.doc 5/13/02 Three Party Agreement Page 16 ID -;ì9 Conduct an independent evaluation of the Freeway Commercial SPA Plan compliance with the adopted City Threshold Standards and provide in writing an assessment of the probable short- and long-term impacts as well as recommendations to mitigate impacts and maintain compliance with the City's Growth Management Threshold Standards. Task D: Attendance at meetings and other coordination (May 2002 to January 2003) The Consultant (and any of their subcontractors) shall attend one public forum, and up to two Planning Commission hearings and two City Council hearings. These are in addition to meetings with City staff, coordination with EIR consultant, or others as the Planning Department deems necessary to complete the work. Attendance at said meetings or other methods of coordination is required of the Consultant. Consultant will coordinate with the EIR consultant throughout the SPA Plan process. Task E: Preparation of Draft and Final PFFP Documents (November-December, 2002) Prepare a Preliminary Draft, Draft and Final Public Facilities Financing Plan (PFFP) for the Freeway Commercial project, including but not limited to the statistical tables, exhibits, text, public facilities and services phasing, methods of financing public facilities and services, and other pertinent items to ensure that the Freeway Commercial project would have the necessary infrastructure and services prior to or concurrent with need. The Consultant shall deliver the requisite number of copies of the Preliminary Draft, Draft and Final PFFP documents as set forth in Paragraph 6 below. Fiscal Impact Analvsis (FIA) - Task F: Prelintinary Research (completed by August 21,2002) Gather and review all available and relevant data regarding the Freeway Commercial SPA's impact upon the operation and maintenance budgets of the City and its General Fund, and consider the current information associated with the City's Fiscal Year 2000 -2001 budget. Gather and review information from the Applicant regarding the land uses, residential product types, and phasing and buildout schedules for the SPA. This shall include as many meetings with City staff and admjnistrators, and the applicant or their consultants as are necessary to gather and review the data. Three Party Agreement Page 17 J:IPlanninglOtayranchlFreeway Commercial SPA IPFFPcontrt.doc 5/22/02 / ¡) - ;;; t./ Task G: Identify and Describe Fiscal Impacts (completed by August 30, 2002) Conduct an analysis utilizing CIC Research, Inc.'s fiscal impact model and methodology recently developed in conjunction with analyses for the San Miguel Ranch project. Update the noted model with Fiscal Year 2002 data and customize it as necessary to fit the characteristics of the Freeway Commercial SPA. Analyze and address the fiscal impacts that the Freeway Commercial SPA will have upon the City's operation and maintenance budgets considering the costs and revenues to the City in providing infrastructure and services to, and as a result of, the Freeway Commercial SPA. Contact City Department heads and staff as necessary to help identify any unique conditions or problems with providing infrastructure and services to the project, including those that may be associated with annexation. The analyses shall be presented in both written and tabular format, and shall present City revenues and expenditures annually based upon the project's development absorption schedule, and the according fiscal surpluses and deficits. Task H: Incorporation of FIA into Draft PFFP document (completed by September 13,2002) Prepare a Draft Fiscal Impact Analysis Report for incorporation into the PFFP document for review by City staff and any affected agency in the requisite number of copies and per the schedule presented in Paragraph 6. Prepare a Final Fiscal Impact Analysis to be incorporated into the PFFP document. Task I: Revise Drafts as City Determines Necessary (September, 2002- December, 2003) The consultant shall prepare revisions to the satisfaction of City Staff to draft PFFP document based upon comments received from City Staff, Planning Commission and City Council and any other comments from outside agencies or individuals. Said revisions shall be incorporated into the appropriate draft or fmal document as outlined in paragraph 6 below. Task J: Drafts Tentative Map Conditions of Approval (completed by January 17,2002) The Consultant shall prepare draft conditions of approval for the tentative map for the Freeway Commercial project based on the threshold analysis of the PFFP. 6. Schedule, Milestone, Time-Limitations within which to Perform Services: J:IPlanning\OtayranchlFreeway Commercial SPA IPFFPcontrt.doc 5/22/02 Three Party Agreement Page 18 /0-;;5 05/13/2002 MON 16:05 FAX Ii!! 020 Date for Commencement of Consultant Services: (X) Same as Effective Date of Agreement Dates or Time Lintits for Delivery of Deliverables: Deliverable No.1: Delivery of the Prelintinary Draft PFFP for staff review and distribution in the form of one (1) master copy set up to print double sided copies. Due date: July17, 2002 or 12 weeks after City's notice to proceed, whichever is later. Deliverable No.2 Delivery of the revised Draft PFFP incorporating all staff comments in the form of one (I) master' copy set up to print double sided copies. Due date: August 21, 2002, or two weeks after the consultant receives comments back from the City's review of first draft, whichever is later. Deliverable No.3 Delivery of revised Draft PFFP incorporating all staff comments in the form of one (1) master copy set up to print double sided copies. Due date: September 4, 2002,. or one week after the consultant receives comments back from City's review of second draft, whichever is later. Deliverable No.4: Delivery of pre-press copy of PFFP incorporating all of staffs comments in the form of one (1) master copy set up to print double sided copy. Due date: September 11, 2002 or 1 week after staff/consultant discuss ftnal comments, whichever is later. Deliverable No.5: Delivery of the Final PFFP (and incorporating tlie PIA) for public hearings in the form of one (I) master copy (photo ready) set up to print double side copies and a computer diskette ftle formatted for Microsoft Word. Due date: December 20, 2002, or ftve days after City delivers final J:IPlanning\Otayranch\Freeway Commercial SPA IPFFPcon1rt.doc 5/13/02 Three Party Agreement Page 19 .. /0 -:;Jb 05/13/2002 MON 16:05 FAX Ii!I 021 (screencheck) comments to the Consultant. Deliverable No.6: Delivery of Final PFFP to City Staff in the form of one (1) master copy set up to print double-sided copies to be incorporated into binders plus draft conditions of approval for the tentative map. Due date: February 14, 2002 or within one week following City Council hearing. Deliverable No.7: Delivery of draft conditions of approval for the tentative map. Due date: January 17, 2003 or two week after the consultant delivers ftnal draft PFFP, whichever is later. Dates for completion of all Consultant services: Nine months from the effective date of agreement or as extended by the Director of Planning in the Director's sole discretion. 7. Documents to be provided by Applicant to Consultant: (X) site plans/draft SPA document (X) grading plans ( ) architectural elevations (X) project description (X) techllical studies including water, wastewater, drainage, traffic (X) phasing plan. 8. Contract Administrators: City: Richard M. Rosaler, AICP Principal Planner City of Chula Vista Planning and Building Department 276 Fourth Avenue Chula Vista, CA 91910 Applicant: Bob Pletcher, Vice President Engineering The McMillin Otay Ranch, LLC. 2727 Hoover Street National City, CA 91950 Applicant: Chuck Cater, Vice President The Otay Ranch Company, LLC 350 W. Ash Street, Suite 730 San Diego, CA 92101 J :IPlanninglOtayranchlFreeway Commercial SPA IPFFPcontrt.doc 5/13/02 Three Party Agreement Page 20 /D-:;;7 05/13/2002 MON 16:06 FAX Consultant: Ii!! 022 Anthony G Ambrose, A1CP Burkett and Wong 3434 Fourth Avenue San Diego, CA 92103 9. Statement of Economic Interests, Consultant Reporting Categories, per Conflict ofInterest Code: (X) Not Applicable. ( ) Category No. I. ( ) Category No.2. ( ) Category No.3. ( ) Category No.4. ( ) Category No.5. ( ) Category No.6. ( ) Category No.7. 10. Insurance Requirements: Not an FPPC Filer. Investments and sources of income. Interests in real property. Investments, interest inreal property and sources of income subject to the regulatory, permit or licensing authority of the department. Investments in business entities and sources of income, which engage in land· development, construction or the acquisition or sale of real property. 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. 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. Business positions. (X) Statutory Worker's Compensation Insurance ( ) Employer's Liability Insurance coverage: $1,000,000. (X) Commercial General Liability Insurance: $1,000,000. () Errors and Omissions insurance: None Required (included in Commercial General Liability coverage). J:IPlanningIOtayranch\Freeway Commercial SPAIPFFPcontrt.doc 5/13/02 Three Party Agreement Page 21 /o-;:;;? 05/13/2002 MON 16:06 FAX Ii!! 023 (X) Errors and Omissions insurance: $250,000 (not included in Commercial General Liability coverage). J:IPlanninglOtayranchlFreeway Commercial SPAIPFFPcontrt.doc 5113/02 Three Party Agreement Page 22 /1) -;;)1 05/13/2002 MON 16:06 FAX Ii!! 024 Exhibit B Additional Recitals WHEREAS, the Applicant has deposited or will deposit an initial sum for the processing of requests for proposals, draft and final Public Facilities Financing Plans and Fiscal Impact Analysis, and all other necessary documents as outlined in Exhibit A. and WHEREAS, Burkett and Wong are uniquely qualified to perform consulting services in the preparation of Public Facilities Financing Plans(PFFP) / Fiscal Impact Analyses (FIA), for the Freeway Commercial SPA PFFP/FIA, and WHEREAS, the selection committee which has in accordance with Section 2.56,110 of the Chula Vista Municipal Code, recommended the Consultant noted in Exhibit A to perform the required services for the City, and WHEREAS, the Contract Administrator has negotiated the details of this Agreement in accordance with procedures set forth in Sections 2.56.110 of the Chula Vista Municipal Code. J:IPlanning\OtayranchIFreeway Commercial SPA IPFFPcontrt.doc 5/13/02 Three Party Agreement Page 23 /0 -3D 05/13/2002 MON 16:06 FAX Ii!! 025 Exhibit C Compensation Schedule and Deposit: Terms and Conditions ( X ) Single Fixed Fee Arrangement For performance of al) general and detailed services of Consultant prescribed in Exhibit uN', paragraphs 4 and 5, Applicant shall pay a single fixed fee, all of which is to be deposited upon execution of this agreement. The City shall pay Consultant in increments and at the times or milestones set forth below: (X) Single Fixed Fee Amount: $37,000.00 Milestone AmountJPercentage of Fixed Fee to be Paid I. Signing of this agreement by all parties and upon request by the Consultant $9,250/25% 2. Deliverable #1 (Preliminary Draft PPPP) $12,950/35% 3. Deliverable #2 (Revised Draft PFFP) $5,550/15% 4. Deliverable #5 (Pinal PPPP) $3,700/10% 5. Deliverable # 6 (TM Conditions) $1,850/5% 6. 10% retention amount $3,700/10% (X) 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 detennines that the Retention Release Even, listed below, has occurred: (X) Retention Percentage: 10% () Retention Amoun(. J:\Planning\OtayranchlFreewãy Commercial SPAIPFFPcontrt.doc 5/13/02 Three Party Agrecment Page 24 /O~3/ 05/13/2002 MON 16:07 FAX Ii!! 026 Retention Release Event: eX) Completion of All Consultant Services to the satisfaction of the Director of Planning and Building. ( ) Other: ( ) 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 $41 ,000.00 including all Materials, and other "reimburseables" ("Maximum Compensation"). Rate Schedule Category of Employee of Consultant Hourly Rate Burkett and Wong: Principal Principal Associate Engineer J\ssistant PlafUler Technician Clerical $125 $95 $ 95 $ 65 $60 $45 (X) Permitted Subconsultants: CIC Research, Inc~ 8361 Vickers Street San Diego, CA 92111 Phn.: (619) 637-4000 Linscott, Law and Greenspan 1565 Hotel Circle south Suite 310 San Diego, CA 92108 Phn: (619) 299-3090 J:IPlanning\OtayranchlFreeway Commercial SPA IPFFPcontrt.doc 5/13/02 Three Party Agreement Page 25 /¿)- 3;;;- 05/13/2002 MON 16:07 FAX 1i!!02L ************** Deposit (X) Deposit Amount: At execution of agreement - $37,000.00 As agreed to by the Applicants, 75% of the Deposit ($27,750) is to be made by McMilllin Otay Ranch and 25% of the Deposit ($9,250) is to be made by Otay Project. (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 . ( X) Bill Processing: A. Consultant's Billing to be submitted for the following period of time: ( ) Monthly ( ) Quarterly (X) Other: Upon completion of each milestone B. Day of the Period for submission of Consultant's Billing: ( ) First of the Month ( ) 15th Day of each Montlt ( ) End of the Month (X) Other: On tlte 10th day of each month following completion of each milestone C. City's Account Number: J:IPlanningIOtayranch\Freeway Commercial SPA IPFFPconttt.doc 5113/02 Three Party Agreement Page 26 /tJ-83 CITY COUNCIL AGENDA STATEMENT Item No.: I! Meeting Date: 05/28/02 ITEM TITLE: PUBLIC HEARING: PCS 02-08; Consideration of a Tentative Subdivision Map known as San Miguel Ranch Lot 5, Chula Vista Tract 02-08; involving 107 single family lots on 22.39 acres located at the northwest comer of Mount Miguel Road and Proctor Valley Road in the San Miguel Ranch Planned Community. RESOLUTION: Approving the Tentative Subdivision Map and Conditions of Approval for San Miguel Ranch Lot 5, Chula Vista Tract 02-08. SUBMITTED BY: Director of Planning and Building~~ REVIEWED BY: City Manager (P? ~W ~ (4/5ths Vote: Yes No ~ The applicant, Pardce Construction Company, has submitted an application requesting approval of a Tentative Subdivision Map known as San Miguel Ranch Lot 5, Chula Vista Tract 02-08, to subdivide 22.39 acres into 107 single family residential lots. The proposed subdivision is located at the northwest comer of Mount Miguel Road and Proctor Valley Road (see Attachment A, Locator Map). The Environmental Review Coordinator has reviewed the Tentative Map and determined that the project is in substantial conformance with the project analyzed in the previous Final Subsequent Environmental Impact Report (FSE1R) 97-02 certified October 19, 1999, and therefore no further environmental analysis is required. Mitigation requirements for the project have been satisfied through conditions of approval and implementation of permits related to the San Miguel Ranch Master Tentative Map, CVT 99-04. RECOMMENDATION: That the City Council adopt the attached Resolution approving the Tentative Subdivision Map Chula Vista Tract 02-05 in accordance with the findings and subject to the conditions contained therein. BOARDS AND COMISSIONS RECOMMENDATION: The Planning Commission held a public hearing on May 8, 2002 and voted 5-0-2 (McCann and O'Neill absent) to recommend that the City Council adopt the resolution approving the Tentative Subdivision Map and Conditions of Approval for San Miguel Ranch Lot 5, Chula Vista Tract 02- 08. Page Z, Item: ] ! Meeting Date: 05/28/02 DISCUSSION: 1. Background The Project Site is zoned Planned Community (PC) and the land use district is SF-5, Single Family Residential, which permits attached or detached single family units with minimum lot sizes of 4,000 square feet (see Figure 1). The Project Site is a 22.39 acre super block lot with capacity for 121 single family units. The maximum permitted dwelling units were increased from 116 to 121 by a previously approved Administrative Density Transfer, pursuant to the San Miguel Ranch SPA Plan. The Administrative Density transfer was requested by NNP-Trimark- Pacific, San Miguel LLC (Master Developer) before approval of the Master Tentative. Map CVT 99-04, and was for the purpose of permitting minor density transfers between SPA planning areas. However, the total number of dwelling units permitted by the SPA (1,394 du's) did not change. Pursuant to the San Miguel Ranch SPA Plan, Zoning Administrator approval of a Site Plan to establish development regulations and architectural design review approval for the project is required for this project. The applicant has submitted Site Plan application DRC 02-17, which is presently being processed. The DRC application is tentatively scheduled to be considered by the Zoning Administrator on May 29, 2002. 2. Site Characteristics The project site is located on the northwest comer of the intersection of Mount Miguel Road and Proctor Valley Road. Directly north of the site is the collector street Calle La Marina, which provides the project's auto access to Mount Miguel Road. Across Calle La Marina is Planning Area C, which was recently approved by the Design Review Commission for 110 attached triplex condominium units. To the northwest across Calle La Marina is the 2.1 acre private Neighborhood Park. To the west is the SDG&E utility easement, and across that is Planning Area E, which is proposed for development of 144 single-family residential lots with a minimum lot size of 4,500 square feet. To the east is 4-lane Mount Miguel Road, which is the San Miguel Ranch projects' circulation element road. Adjacent to Mount Miguel Road is a hiking and equestrian trail. Across Mount Miguel Road is Planning Area H, which has recently obtained an approved Final Map for 131 single-family residential lots with minimum lot size of 5,000 square feet. To the south, across 2-lane Proctor Valley Road, is the existing Estancia single~family residential subdivision which is a part of the Salt Creek I Planned Community (see Locator Map). SPA Land Use Designations and Existing Land Use of Site and Surrounding Area Zoning Land Use Designation Existing Land Use Site PC, Planned Community SF-5, Single Family vacant Altached/Detached North PC, Planned Community SFA, Single Family vacant Attached/Detached South PC, Planned Community Salt Creek I - Single family Single Family Resid. Page 3, Item: II Meeting Date: 05/28/02 East PC, Planned Community SF-3, Single Family Detached vacant West PC, Planned Community SF-4, Single Family Detached vacant 3. Proposed Development The Tentative Subdivision Map proposes subdivision of a 22.39 - acre lot into a total of 107 single family residential lots, ranging in size from 4,114 to 18, 074 square feet. Also proposed are 13 open space lots (see Figure 2). The proposed density of the project is 4.8 du/ac, which is consistent with the San Miguel Ranch SPA designation of 5.4 du/acre (see Figure 3). 4. Analysis Grading The site's natural terrain sloped northeast to the southwest, but has now been mass graded by the Master Developer into a large pad. The pad elevations range from approximately 621 feet in the northeast to 545 in the southwest. It will be rough-graded into individual building pads to create views oriented to the west. There will be a 40 foot high, 2:1 slope at southwestern corner of the site adjacent to Proctor Valley Road. This slope decreases in height easterly along Proctor Valley Road until it meets the street grade at the southeast comer adjacent to the Mount Miguel Road. This slope also decreases in height northerly along the SDG&E easement, to a height of 20 feet at the northwest comer of the site adjacent to Calle La Marina. On the eastern side of the site, there will be a slight down-slope from the site to Mount Miguel Road (see Figure 4 ). Subdivision Design/Lot Size The project proposes lots with minimum lot sizes of 4,000 square feet and average lot sizes of 5,100 square feet. A minimum level pad size of 4,000 square feet is provided. To ensure useable side and rear yards, the internal side yard and rear yard setbacks will be measured from the top or toe of slopes or retaining walls. Retaining walls will be limited to 3 feet high in the side yard and 5 feet high in the rear yard. The subdivision design complies with the lotting criteria established in the San Miguel Ranch SPA Plan and associated regulatory documents. Project Access The future SR-125 toll highway is located approximately 1/2 -mile west of the project site. Access to future SR-125 will be provided through on-ramps to be located at future Mount Mignel Road and East H Street. Vehicular access to San Miguel Ranch is provided by East H Street, Mount Miguel Road and Proctor Valley Road. Future Calle La Marina, a residential collector street, will provide access from Mt. Miguel Road to the Project Site. The San Miguel Ranch Project's Master Tentative Map CVT 99-04 contains conditions of approval requiring the Master Developer, to install street improvements for Mt. Miguel Road, Proctor Valley Road, and Calle La Marina, which are presently under construction. Bicycle Lanes will be provided along Mount Miguel Road and Proctor Valley Road. The project has two vehicular entries on the north side accessing Calle La Marina. The internal circulation system shown on the Tentative Subdivision Map consists of 56 foot wide public Page 4, Item: Meeting Date: 05/28/02 streets with an internal circular loop street and an additional street that bisects the loop street. Conditions of approval require installation of these improvements in conjunction with Final Map approval. Pedestrian Access Pedestrian access to the site and surrounding amenities will be provided by a network of sidewalks and trail connections through the primary entry located at the southeast comer of the Project site. This trail connection will provide pedestrian access to surrounding areas to the south via the adjacent trails in Proctor Valley Road, Mount Miguel Road, and SDG&E easement E-1. These trail improvements will be provided by the Master Developer. Transit Transit service to the site will be provided by Chula Vista Transit through two bus stops proposed for the adjacent intersection of Calle La Marina and Mount Miguel Road. Installation of these bus stops are the responsibility of the City and the Master Developer. Common Open Space/Recreational Areas: The conceptual landscape plan for the project shows landscaping for the secondary project entry along Calle La Marina, street trees, internal project slopes, walls and fences. Specific details of landscaping, signage, fences and walls will be worked out in conjunction with the detailed landscape plans, wall fence and trail plans prior to approval of the final map. The southeastern comer of the site proposes a Master Homeowners Association (HOA) lot for the San Miguel Ranch Planned Community's primary entry. The applicant has submitted a conceptual plan for the primary entry, which will be reflected on the future detailed landscape and irrigation plans for the San Miguel Ranch project entries (see Figure 5). This project will be conditioned to ensure that the primary entry, as well as other landscaping, trails, fences and walls in common lots controlled by the Master Developer and Master HOA, will be installed prior to acceptance of public improvements for the project. Recreational amenities are not provided on site, however, a future 2.1 acre private Neighborhood Park is located approximately 250 feet northwest of the project. Also, the proposed 16.2 acre San Miguel Ranch Community Park is located approximately ¼ mile north of the Project Site. 5. Conclusion: Staff recommends that the City Council adopt the Resolution approving the proposed San Miguel Ranch Lot 5 Tentative Subdivision Map, CVT 02-08. As mentioned in the body of this report, the proposed project meets the density restrictions of the San Miguel Ranch SPA. As conditioned, the project will meet all other requirements for development of the project. Page 5, Item:. // Meeting Date: 05/28/02 FISCAL IMPACT: The applicant has paid for all costs associated with the processing of this Tentative Subdivision Map application. Attachments: A. Locator Map B. Figures: (1) San Miguel Ranch SPA Land Use Distsicts (2) San Miguel Ranch Site Utilization Plan (3) Lot 5 Tentative Map (4) Grading Plan (5) Conceptual Landscape Plan for primary Entry C. Ownership Disclosure Statement J:\p LANNING~PCS02~08CCAgenda.doc COUNTY OF F~ ~ITY OF CHULA VISTA LIMITS ,~ (SINGLE Z ~ FAMILY DIEGO RESIDENTIAL) F1 (COMMUNITY PARK) (SINGLE FAMILY ~ RESIDENTIAL) (S'NGLE. M,,ySAN MIGUEL RESIDENTIAL) (M'".TI-FAM'LY ]--~ RANCH RESIDENTIAL) (SINGLE FAMILY  --~ RESIDENTIAL) (S,.GLE ,MULTI- LOCATION FAMILY FAMILY RESIDENTIAL) RESIDENTIAL) (SCHOOL) (OPEN SPACE) (COMMUNITY PURPOSE ESTANCIA FACILITY) p. OAD (COMMERCIAL) (MULTI- FAMILY RESIDENTIAL) ROLLING EASTLAKE ~ HILLS CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATER PROJEGT P.OJECT DESOR!PT~ON: Cl APPUC~ ~^~¢O~T~I0~¢0M~^~ TENTATIVE SUBDIVISION MAP PROJECT Northwest corner of Proctor Valley ADDRESS: Rosd ~nd Mount Miguel Ro~d Request: PropossI for 107 lots subdivision for single f~mily detached dwelling with 2 c~r g~mge on ~pproximetely 22.3 SCreS. SCALE: FILE NUMBER: NORTH No Scale PCS-02-08 Related Case: IS-02-024. c:\planning\DAl\locators\PCS0208.cdr 01/30/02 //_ ~,,~ ATTACHMENT B - FIGURES tl- ff o03 FIGURE 1 / / - / 0 F~auPm ~ //.~// FIGURE 4 Il Appendix B THE L. (OF CHULA VISTA DISCLOSURE S. ,TEMENT ATíftC.HM~vVT C You are required to file a Statement of Disclosure of certain ownership or financial interests, payments, or campaign contributions, on all matters which will require discretionary action on the part of the City Council, Planning Commission, and all other official bodies. The following information must be disclosed: 1. List the names of all persons having financial interest in the property which is the subject of the application or the contract, e.g., owner applicant, contractor, subcontractor, material supplier. ·Plli'du.-CoY\struc,hon Co'""'fX>.YI~ 2. If any person- identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 1 0% of the shares in the corporation or owning any partnership interest in the partnership. tJ/A 3. If any person- identified pursuant to (1) above is non-profit organization or a trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. . III/A 4. Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions, Committees, and Council within the past twelve months? Yes _ N<;J ~ If yes, please indicate person(s): 5. Please identify each and every person, including any agents, employees, consultants, or independent contractors who you have assigned to represent you before the City in this matter. Car\ene. ~tc.hl'"\ìfF 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Councilmember in the current or preceding election period? Yes _ No -X. If yes, state which Councilmember(s): Date: q.jrz/o I (NOTE: ATTACH ADDITIONAL PAGES AS NECESSARY) Db. Signature of con actor/applicant Jëhn b. Osgood Print or type name ot"contractor/applicant * Person is defined as: "Any individual, firm, co~par(nersh;p,joint venture, association. social club, freaternal organizatio~, corporalion. estate, trust. receiver, syndicate, this and any other,county, city and country, city municipality, district, or other polí/ical subdivision, or any other group or combination acting as a unil. " 11-/3 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE TENTATIVE SUBDIVISION MAP AND CONDITIONS OF APPROVAL FOR SAN MIGUEL RANCH LOT 5, CHULA VISTA TRACT 02-08 1. RECITALS A. Project Site WHEREAS, the area of land which is the subject matter of this resolution is diagrammatically represented in Exhibit I, attached hereto and incorporated herein by this reference, and commonly known as the San Miguel Ranch Lot 5 Tentative Subdivision Map, Chula Vista Tract 02-08; and for the purpose of general description herein consists of22.39 gross acres located northwest of the future intersection of Proctor Valley Road and Mount Miguel Road, in the San Miguel Ranch Planned Community ("Project Site"); and, B. Project; Application for Discretionary Approval WHEREAS, on January 23, 2002, Pardee Construction Company ("Developer") filed a tentative subdivision map application with the Planning and Building Department of the City of Chula Vista requesting approval ofthe Tentative Subdivision Map for San Miguel Ranch Lot 5, Chula Vista Tract 02-08 in order to subdivide the Project Site into one-hundred seven (107) single-family residential lots; and 14 open space lots ("Project"); and, C. Prior Discretionary Approvals WHEREAS, the development of the Project Site has been the subject matter of various entitlements and agreements, including: 1) a General Plan Amendment ("GP A") 96- 01 and San Miguel Ranch Amended Horseshoe Bend General Development Plan ("GDP") PCM 96-05 previously approved by City Council Resolution No. 18532 on December I7, 1996; 2) the San Miguel Ranch Sectional Planning Area Plan ("SPA") PCM 96-04 previously approved by City Council Resolution 19631 on October 19, 1999; 2) San Miguel Ranch Planned Community District Regulations; 3) San Miguel Ranch Design Guidelines; 4) San Miguel Ranch Public Facilities Financing Plan; 5) San Miguel Ranch Affordable Housing Program; 6) Air Quality Improvement Plan (AQIP); 7) San Miguel Ranch Water Conservation Plan (WCP); and all previously approved by City Council Resolution No.19631, and Ordinance 2799 on October 19,1999; and the San Miguel Ranch (Master) Tentative Map CVT 99-04, approved by City Council Resolution 2000-068 on February 29, 2000; and San Miguel Ranch A-Map No. 1 Supplemental Subdivision Improvement Agreement approved by Council August 7, 2001, per Resolution 2001-259; and WHEREAS, the City Council, in the environmental review of said SPA Plan and Tentative Subdivision Map, and related documents, relied on the Final Subsequent //-lif Resolution No. Page 20f16 Environmental Impact Report for San Miguel Ranch No. FSEIR-97-02 (Third Tier EIR), previously approved by City Council Resolution No.19630; and, WHEREAS, the Tentative Subdivision Map is a subsequent activity in the program of development, environmentally evaluated under FSEIR 97-02, that is virtually identical in all relevant respects including lot size and configuration, number oflots and dwelling units, roadway facilities, to the Project descriptions in said former environmental evaluation; and, D. Planning Commission Record on Application WHEREAS, the Planning Commission held an advertised public hearing on the Project on May 8, 2002, and, after hearing staff presentation and public testimony, voted 5- 0-2 to recommend that the City Council approve the Project, in accordance with the findings and subject to the conditions listed below. E. City Council Record of Applications WHEREAS, a duly called and noticed public hearing on the Project was held before the City Council of the City ofChula Vista on May 28, 2002 on the Project and to receive the recommendations ofthe Planning Commission, and to hear public testimony with regard to same; and, WHEREAS, the city clerk set the time and place for a hearing on said tentative subdivision map application and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, and its mailing to property owners within 500 ft. ofthe exterior boundary of the Project at least IO days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m on. May 28, 2002, in the Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby fmd, determine and resolve as follows: II. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing on the Project held on May 8, 2002, and the minutes and resolutions resulting thereJTom, are hereby incorporated into the record of this proceeding. //~ 15 Resolution No. Page 3 ofl6 III. CERTIFICATION OF COMPLIANCE WITH CEQA On October 19, 1999, the City Council of the City of Chula Vista previously reviewed, analyzed, considered, and certified FSEIR-97-02 (Final Subsequent Environmental Impact Report for San Miguel Ranch SPA). IV. CEQA FINDINGS REGARDING PROJECT WITHIN SCOPE OF PRIOR SUBSEQUENT EIR The City Council hereby finds that (I) the Environmental Review Coordinator has reviewed the Tentative Map and detennined pursuant to Section 15162 of the CEQA Guidelines that the Project is in substantial conformance with the Project analyzed in FSEIR 97-02 and related environmental documents; and (2) The Tentative Map will not result in any new environmental effects that were not previously identified, nor would the Project result in a substantial increase in severity in any impacts previously identified; and (3) No further environmental analysis is required. V. NOTICE WITH LATER ACTIVITIES The City Council does hereby give notice to the extent required by law, that this Project was fully described and analyzed and was within the scope ofFSEIR 97-02 which adequately described the activity for the purposes of CEQA. VI. TENTATIVE SUBDIVISION MAP FINDINGS A. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City Council finds that the Tentative Subdivision Map as conditioned herein for San Miguel Ranch, Lot 5, Chula Vista Tract No. 02-08 is in confonnance with the goals, objectives, policies, programs and land uses described in the elements of the City's General Plan, based on the following: a. Land Use The San Miguel Ranch Amended Horseshoe Bend GDP identifies the Project Site as Low-Medium Residential (3-6 du/acre). The San Miguel Ranch Sectional Planning Area (SPA) plan identifies the Project site as Planning Area D with a development potential of 116 single-family dwelling units at a density of 5.2 dwelling units per acre. The proposed tentative map requests 107 single-family dwelling units at a density of 4.8 dwelling units per acre. Thus, the Project in substantial compliance with the land use and permitted density of the San Miguel Ranch Amended Horseshoe Bend GDP and San Miguel Ranch SPA. The Project proposes single-family development on a site which is adjacent to single-family residential development on the west, east and south and multi-family development on the north, and therefore the II-lip Resolution No. Page 4 of 16 Project is compatible with the adjacent land uses in the surrounding area. The Project also has obtained approval of a site plan which established property development standards, architectural and landscaping design standards for the Project. Thus, the design of the Project, as conditioned, complements with the land uses in the surrounding area. b. Circulation All on-site and off-site public streets required to serve the subdivision will be constructed per City design standards in accordance with this Project, the San Miguel Ranch Master Tentative Map and San Miguel Ranch Public Facilities Financing Plan. c. Housing The San Miguel Ranch Master Planned Community offers a variety of residential uses ranging from Low Density Residential (I-3 du/acre) to Medium-High Density Residential (Il-I8 du/acre). The Project site is proposed to be developed with Low-Medium Density single family residential uses at 4.8 dwelling units per acre. As a portion of the San Miguel Ranch Planned Community, this Project is subject to the San Miguel Ranch Affordable Housing Agreement approved on August 7, 2001, which implements the San Miguel Ranch Affordable Housing Program. This Program contains requirements for provision of affordable housing by the Master Developer for low and moderate income households. d. Conservation The Final Subsequent Environmental Impact Report FSEIR 97-02 addressed the goals and policies of the Conservation Element and found the development of the site to be consistent with the goals and policies of the Conservation Element. e. Parks and Recreation, Open Space The San Miguel Ranch Master Tentative Subdivision Map CVT 99-04, approved February 29, 2000, provides a community park, private neighborhood park, private useable open space as well as biological preserves, and regional as well as community equestrian and pedestrian trails consistent with the General Plan, San Miguel Ranch Amended Horseshoe Bend General Development Plan and San Miguel Ranch SPA goals and objectives. 11~/'7 Resolution No. Page 5 of 16 This Project implements park and recreation requirements of the San Miguel Ranch SPA by reserving an open space lot at the intersection of Proctor Valley Road and Mount Miguel Road for provision of a future primary Project entry and pedestrian trail connection. f. Seismic Safetv A geo-technical study has been prepared, and conditions of approval have been included which ensure that the proposed subdivision is in confonnance with the goals and policies of the Seismic Element ofthe General Plan. g. Safetv The Fire and Police Department have reviewed the proposed subdivision for confonnance with City safety policies and have detennined that the proposal as conditioned will provide necessary improvements such as access roads, street names and addresses, sprinkler systems, and fire hydrants. h. Noise Noise mitigation measures included in the Final Subsequent Environmental Impact Report FSEIR-97-02 and conditions of approval contained herein adequately address the noise policies of the General Plan. The Project has been conditioned to require that all dwelling units be designed to preclude interior noise levels over 45 dBA and exterior noise exposure over 65 dBA for all outside private yard areas. 1. Scenic Highwav This Project Site is not located adjacent to a designated scenic highway. J. Bicvcle Routes The San Miguel Ranch Master Tentative Map CVT 99-04 contains provisions for establishing bicycle lanes on the adjacent residential collector streets and Mount Miguel Road. In addition, the public streets within the Project are of adequate width to accommodate bicycle travel within the interior of the subdivision. k. Public Buildings No public buildings are proposed on the Project Site. The Project is subject to Residential Construction Tax fees prior to issuance of building pennits. B. Pursuant to Section 66412.3 of the Subdivision Map Act, the Council certifies that it has considered the effect ofthis approval on the housing needs ofthe region and has balanced those needs against the public service needs of the residents ofthe City and the available fiscal and environmental resources. 1/-16 Resolution No. Page 6 of 16 C. The configuration, orientation and topography of the site partially allows for the optimum siting of lots for passive or natural heating and cooling opportunities as required by Government Code Section 66473.1. D. The site is physically suitable for the proposed type and density of residential development because the site is graded and level, and all public services and facilities will be provided to serve the Project, prior to or concurrent with development of the Project. The Project design is consistent with the requirements of the General Plan Land Use Element, the Project's approved GDP and SPA, and the proposal confonns to all standards established by the City for such Projects. E. The conditions herein imposed on the grant of pennit or other entitlement herein contained is approximately proportional both in nature and extent to the impact created by the proposed development. BE IT FURTHER RESOLVED that the City Council does hereby approve the Project subject to the general and special conditions set forth below. VII. GENERAL CONDITIONS OF APPROVAL Should conflicting wording or standards occur within these conditions of approval, any conflict shall be resolved by the City Manager or designee. The approval ofthe foregoing Tentative Subdivision Map, which is stated to be conditioned on "General Conditions", is hereby conditioned as follows: A. Project Site is Improved with Project Developer, or their successors in interest, shall improve the Project Site with the Project as described in the San Miguel Ranch Lot 5 Tentative Subdivision Map, Chula Vista Tract No. 02-08, except as modified by this Resolution. B. Implement Mitigation Measures. Developer shall diligently implement, or cause the implementation of all mitigation measures pertaining to the Project identified in the Final Subsequent Environmental Impact Report for San Miguel Ranch (FSEIR 97-02). Any such measures pertaining to the project, not satisfied by a specific condition of this Resolution or by Project design shall be implemented to the satisfaction of the Director of Planning and Building. Mitigation Measures shall be monitored via the Mitigation Monitoring Program approved in conjunction with the above FSEIR. Modification ofthe sequence of mitigation shall be at the discretion of the Director of Planning and Building should changes in the circumstances warrant such revision. /f-/'1 Resolution No. Page 7 of 16 C. Implement Previously Adopted Conditions of Approval Pertinent to Project Unless otherwise conditioned, developer shall comply with all applicable conditions of approval of the San Miguel Ranch Master Tentative Map, Chula Vista Tract 99-04, established by Resolution No. 2000-068 and approved by Council on February 29, 2000, as such pertain to the project. and shall remain in compliance with and implement the tenns, conditions and provisions of the Amended Horseshoe Bend General Development Plan, San Miguel Ranch Sectional Planning Area (SPA) plan. D. Implement Public Facilities Financing Plan Developer shall install Public facilities, as such pertain to the project, in accordance with the San Miguel Ranch Public Facilities Financing Plan, as may be amended from time to time, or as required by the City Engineer to meet the Growth Management threshold standards adopted by the City ofChula Vista. The City Engineer and Planning and Building Director may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such modifications. E. Design Approval The Developer shall develop the Project in accordance with the applicable San Miguel Ranch Planned Community District Regulations and Design Guidelines, and the project shall be submitted for review and approval under the City's Design Review process prior to submittal of the first building pennit applications. VIII SPECIAL CONDITIONS OF APPROVAL I. Unless otherwise specified or required by law: (a) the conditions set forth below shall be completed prior to the first final map for the Project as detennined by the Director of Planning and Building and the City Engineer (b) unless otherwise specified, "dedicate" means grant the appropriate easement, rather than fee title. Where an easement is required the Developer shall be required to provide subordination of any prior lien and easement holders in order to ensure that the City has a first priority interest and rights in such land unless otherwise excused by the City. Where fee title is granted or dedicated to the City, said fee title shall be free and clear of all encumbrances, unless otherwise excused by the City. GRADING AND DRAINAGE 2. Developer shall comply with the following: J/~JO Resolution No. Page 80fI6 (a.) The development of the subdivision shall comply with all applicable regulations established by the United States Environmental Protection Agency (USEP A) as set forth in the National Pollutant Discharge Elimination System (N.P.D.E.S.) permit requirements for urban runoff and storm water discharge and any regulations adopted by the City of Chula Vista pursuant to the N.P.D.E.S. regulations or requirements; (b.) File a Notice ofIntent with the State Water Resources Control Board to obtain coverage under the N.P.D.E.S. General Permit for Storm Water Discharges Associated with Construction Activity and shall implement a Storm Water Pollution Prevention Plan (SWPPP) concurrent with the commencement of grading activities; (c.) The SWPPP shall include both construction and post construction pollution prevention and pollution control measures and shall identifY funding mechanisms for post construction control measures; (d.) Comply with all the provisions of the N.P.D.E.S. and the Clean Water Program during and after all phases ofthe development process, including but not limited to: mass grading, rough grading, construction of street and landscaping improvements, and construction of dwelling units; (e.) Design the Project's storm drains and other drainage facilities to include Best Management Practices to minimize non-point source pollution, satisfactory to the City Engineer; (f.) Acknowledge that the San Diego Regional Water Quality Control Board has issued a new Municipal Storm Water Permit (Order No. 2001-01) and that the permit includes regulations such as implementation of Standard Urban Storm Water Mitigation Plans (SUSMPS) and Numeric Sizing Criteria for new residential development; (g.) Comply with all relevant City regulations and policies including, but not limited to, incorporation into the design and implementation ofthe Project temporary and permanent structural Best Management Practices and non-structural mitigation measures that would reduce pollution of storm water runoff to the maximum extent practicable; (h.)Detail water quality treatment improvements to the satisfaction of the City Engineer on the grading plans for the Project. (Engineering) 2. Prior to the approval of the first map for the Project, or issuance of the first grading permit for the Project, whichever occurs earlier, Developer shall enter into an J I / ;)/ Resolution No. Page 9 of 16 agreement with the City ofChula Vista, wherein the Developer agrees to the following: a. Comply with the requirements of the new Municipal Stonn Water Pennit (Order No. 2001-01) issued by the San Diego Regional Water Quality Control Board including revision of plans as necessary. b. IndemnifY, and hold harmless the City, its elected and appointed officers and employees, from and against all fines, costs, and expenses arising out of non- compliance with the requirements of the NPDES regulations, in connection with the execution of any construction and/or grading work for the Project, whether the non-compliance results from any action by the Developer, any agent or employee, subcontractors, or others. The Developer's indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City. c. That the City Engineer may require incorporation of Standard Urban Stonn Water Mitigation Plan (SDSMP) requirements during the implementation period preceding the adoption of the local SUSMP by the City, for all priority Projects or phases of priority Projects undergoing approval process, in accordance with Order No. 2001-0I, NPDES No. CASOI08758 Municipal Pennit as detennined by the City Engineer. d. To not protest the fonnation of a facilities benefit district or any other funding mechanism approved by the City to finance the operation, maintenance, inspection, and monitoring of NPDES facilities. This agreement to not protest shall not be deemed a waiver of the right to challenge the amount of any assessment, which may be imposed due to the addition of these improvements and shall not interfere with the right of any person to vote in a secret ballot election. Such Developer obligation may be reassigned to a Master Homeowner's Association or other appropriate Maintenance District subject to the approval of the City Engineer. (Engineering) WATER 4. Do not install privately owned water, reclaimed water, or other utilities crossing any public street. The installation of sleeves for future construction of privately owned facilities may be allowed subject to the review and approval ofthe City Engineer if the following is accomplished: a. The Developer enters into an agreement with the City where the developer agrees to the following: //,;;'"J- Resolution No. Page 10 of 16 i.) Apply for an encroachment pennit for installation of the private facilities within the public right-of-way; and, ii) Maintain membership in an advance notice such as the USA Dig Alert Service; and, iii) Mark out any private facilities owned by the developer whenever work is perfonned in the area; and, iv) The tenns of this agreement shall be binding upon the successors and assigns ofthe developer. b. Shutoff devices as detennined by the City Engineer are provided at those locations where private facilities traverse public streets. (Engineering) 5. Developer shall comply with all requirements, as such pertain to the project, ofthe San Miguel Ranch Water Conservation Plan approved on October 19, 1999, and any subsequent amendments approved by the City Council. (Planning and Building, Engineering, Building and Park Construction) 6. Prior to approval of each Final Map, present verification to the City Engineer in the fonn of a letter from Otay Water District that Otay Water District is able to provide sufficient water supply pursuant to Section 66473.7 of the California Government Code, as may be amended from time to time. SEWER 7. Developer shall eliminate manhole #15 as shown on the Tentative Map and provide a vertical curve for the proposed sewer line between lots 36 and 37, and shall install a new manhole in Proctor Valley Road such that the sewer line from Calle Fernando does not require a horizontal curve, all to the satisfaction of the City Engineer. OPEN SPACE/ASSESSMENTS 8. Prior to approval of the first Final Map for the Project, Developer shall enter into an agreement with the City of Chula Vista, wherein Developer acknowledges and agrees: a. Concurrent with the submittal of Grading Plans, the applicant shall prepare and submit to the City Engineer and Director of Planning and Building, Landscape Master Plan and Landscape Erosion Control Plans for the Project. Developer shall obtain approval of all such plans prior to the issuance of initial grading pennits for the Project. Such approval shall be indicated by means of the Director of Building and Park Construction signature and date on said Plan. All / / ' ~3 Resolution No. Page 11 of 16 plans shall be prepared in accordance with the Chula Vista Landscape Manual and Section V -15 of the San Miguel Ranch SPA Design Guidelines. b. A comprehensive wall plan indicating color, materials, height and location shall be reviewed and approved by the Director of Planning and Building prior to issuance of the initial grading pennit. The wall plan shall also include details such as accurate dimensions, complete cross-sections showing required noise walls, adjacent grading, landscaping, road/traiVsidewalk improvements, and the location of typical residential structures. Materials and color used shall be compatible and all walls located in comer side-yards or rear yards facing public or private streets or pedestrian connections shall be constructed of a decorative masonry and/or wrought iron material. Any combination tree standing/retaining walls shall not exceed 9.0 feet in height. The applicant shall submit a detail and/or cross section of the maximum/minimum conditions for all "combination walls" which include retaining and tree standing walls, as part of said wall plan. c. The noise walls required by the San Miguel Ranch FSEIR shall be included on the rough grading plan, and installed to the satisfaction of the Director of Planning and Building, in conjunction with rough grading for the Project. All dwelling units shall be designed to preclude interior noise levels over 45 dBA and exterior noise levels over 65 dBA for all outside private yard areas. (Planning & Building, Building & Park Construction) 9. Prior to the City acceptance of public improvements for any portion of the Project, Developer shall install or cause to be installed, the landscape planting and irrigation, and neighborhood wall and fencing improvements for Open Space Lots (letter lots within the Tentative Map) within the Project, to the satisfaction ofthe Director of Park and Building Construction and Director of Planning and Building. (Building and Park Construction, Planning and Building, Engineering, Public Works) AGREEMENTS/FINANCIAL 10. Developer acknowledges and agrees that approval ofthe Final Map and issuance of any building pennits for this Project are contingent upon satisfaction of all applicable conditions ofthe San Miguel Ranch Master Tentative Map CVT 99-04, and the San Miguel Ranch Phase I, II, and IV Final Map Supplemental Subdivision Improvement Agreement approved by City Council Resolution 2001-259 on 8/7/01. (Building and Park Construction, Planning and Building) 11. Prior to approval of the first final map for the Project, Developer shall enter into an agreement with the City of Chula Vista, wherein Developer acknowledges and agrees that issuance of building pennits and approval of a final map for this Project is contingent upon satisfaction of all applicable requirements of the San Miguel //-,)1 Resolution No. Page l20f16 Ranch Affordable Housing Agreement (approved by City Council on August 7, 2001 by City Council Resolution 2001-258) by the Master Developer NNP - Trimark Pacific Homes. (Community Development, Planning and Building). 12. Prior to approval of the first final map for the Project, Developer shall enter into an agreement with the City of Chula Vista, wherein Developer acknowledges and agrees that pursuant to the San Miguel Ranch Project's Master Tentative Map, Chula Vista Tract 99-04 approved February 29,2000 and amended December 17,2001, the San Miguel Ranch Master Planned Community Project is limited to construction within the areas east of SR-125 only (Phase areas I, II and/or IV as set forth in the adopted San Miguel Ranch SPA Plan and Public Facilities Financing Plan.) of not more than 892 EDUs prior to the construction of SR-125. The EDU's shall be calculated per the methodology stated in the "East H Street Focus Capacity Analysis 1999-2005" study prepared by Willdan Associates, dated June 8, I999. This Project site is a portion of Phase I of the San Miguel Ranch Project. (Engineering) 13. If phasing is proposed within an individual map, or through multiple final maps, the Developer shall submit and obtain approval for a development phasing plan by the City Engineer and Director of Planning and Building prior to approval of the first final map. The phasing plan shall include: a. A plan showing the phase lines and phase numbers and number of dwelling units required in each phase; b. A table showing the phase number and number of dwelling units included in each phase. Improvements, facilities and dedications to be provided with each phase or unit of development shall be as determined by the City Engineer and Director of Planning and Building. The City reserves the right to conditionally approve each final map and require improvements, facilities and/or dedications as necessary to provide adequate circulation, and to meet the requirements of police and fire departments. The City Engineer and Planning and Building Director may at their discretion, modify the sequence of improvement construction should conditions change to warrant such revision(s). 14. Enter into a supplemental agreement with the City, prior to approval of each Final Map, where the developer agrees to the following: a. That the City may withhold building permits for the Project if anyone ofthe following occur: 1. Regional development threshold limits set by a Chula Vista //~ :;5 Resolution No. Page 13 of 16 transportation phasing plan, as amended from time to time, have been reached or in order to have the Project comply with the Growth Management Program, as may be amended from time to time. ii. Traffic volumes, levels of service, public utilities and/or services either exceed the adopted City threshold standards or fail to comply with the then effective Growth Management Ordinance, and Growth Management Program and any amendments thereto. Public utilities shall include, but not be limited to, air quality, drainage, sewer and water. iii. The required public facilities, as identified in the PFFP or as amended or otherwise conditioned have not been completed or constructed to the satisfaction of the City. The developer may propose changes in the timing and sequencing of development and the construction of improvements affected. In such case, the PFFP may be amended as approved by the City's Director of Planning and Building and the Public Works Director. The Developer agrees that the City may withhold building permits for any ofthe phases of development identified in the Public Facilities Financing Plan (PFFP) for the San Miguel Ranch SPA if the required public facilities, as identified in the PFFP have not been completed. b. To defend, indemnify and hold harmless the City and its agents, officers and employees, from any claim, action or proceeding against the City, or its agents, officers or employees, to attack, set aside, void or annul any approval by the City, including approval by its Planning Commission, City Councilor any approval by its agents, officers, or employees with regard to this subdivision pursuant to Section 66499.3 7 of the State Map Act provided the City promptly notifies the Developer of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. c. Permit all cable television companies franchised by the City of Chula Vista equal opportunity to place conduit and provide cable television service for each lot or unit within the Tentative Map area. Developer further agrees to grant, by license or easement, and for the benefit of, and to be enforceable by, the City ofChula Vista, conditional access to cable television conduit within the properties situated within the final map only to those cable television companies franchised by the City of Chula Vista, the condition of such grant being that: 11- :J(p Resolution No. Page 140fl6 i. Such access is coordinated with Developer's construction schedule so that it does not delay or impede Developer's construction schedule and does not require the trenches to be reopened to accommodate the placement of such conduits; and ii. Any such cable company is and remains in compliance with, and promises to remain in compliance with the tenns and conditions of the franchise and with all other rules, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may from time to time be, issued by the City of Chula Vista. Developer hereby conveys to the City ofChula Vista the authority to enforce said covenant by such remedies as the City detennines appropriate, including revocation of said grant upon detennination by the City of Chula Vista that they have violated the conditions of grant. d. That the City may withhold the issuance of building pennits for the Project, should the Developer be detennined by the City to be in breach of any of the tenns of the Tentative Map Conditions or any Supplemental Agreement. The City shall provide the Developer of notice of such detennination and allow the Developer reasonable time to cure said breach e. Hold the City harmless trom any liability for erosion, siltation or increase flow of drainage resulting trom this Proj ect. (Engineering) MISCELLANEOUS 15. The Developer shall create a Homeowner's Association, or annex the Project site to the San Miguel Ranch Master Homeowner's Association ("MHOA"), to own and maintain in a professional manner landscaping, open space areas, medians, parkways, or any other common improvement specified in the Declaration of Covenants, Conditions and Restrictions (CC&R's) and/or required by the City ofChula Vista (Building and Park Construction, Planning and Building). 16. The Developer shall comply with the Fire Department's codes and policies for Fire Prevention, as may be amended from time to time. The Developer shall provide the following items either prior to the issuance of building pennit(s) for the Project, or prior to delivery of combustible materials on any construction site on the Project, whichever occurs earlier: / /-;) 1 Resolution No. Page l50fI6 a. Water supply consisting of fire hydrants as approved and indicated by the Fire Department during plan check to the satisfaction of the Fire Department. Any temporary water supply source is subject to prior approval by the Fire Marshal. b. Emergency vehicle access consisting of a minimwn first layer of hard asphalt surface or concrete surface, with a minimwn standard width of 20 feet. c. Street signs installed to the satisfaction of the Department of Public Works. Temporary street signs shall be subject to the approval ofthe Department of Public Works and Fire Department. Locations and identification of temporary street signs shall be subject to review and approval by the Department of Public Works and Fire Department. (Fire, Planning, Engineering) 17. Prior to approval of the first final map, the Developer shall obtain Zoning Administrator Design Review approval, including mitigation measures related to site improvements for the development of the project. The following minimwn lot dimensions and lot areas are established by this condition for the Project. The minimwn lot design standards for the subdivision are as follows: i) Minimwn lot width is 47 feet; ii) Minimwn lot depth is 83 feet; iii) Minimwn lot ITontage on cul-de-sacs and knuckles is 35 feet. iv) Minimum lot area is 4,000 square feet. v) Minimum level pad area is 4,000 square feet. IX. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modifY all approvals herein granted, deny, or further condition issuance of all future building permits, deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval ofthis Resolution. X. !NY ALIDITY; AUTOMATIC REVOCATION It is the intention ofthe City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in /I-;)~ Resolution No. Page 160fl6 the event that anyone or more terms, provision, or conditions are determined by a Court of competent jurisdiction top be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. Presented by Approved as to form by (f~~ Robert A. Leiter Director of Planning and Building John M. Kaheny City Attorney J :\planningIPCS-0208.CCR //-;;Y1 " '" '" , '" "'''' o .->0 :¡:z;¡- u"':;: Z u 0( < ~ "'''' ...¡ f-o;;; "' <: . ~ '" " "",,,, ~> zj <: ~ "';¡: U .>; '\1 :¡, . ;, ¡i¡!i! ",.,;,:!!!!i;,., i ¡¡ :¡ ,íi!¡'¡:'! , ,j ~!;!., iI'!!:o ¡1¡.J!; ,¡J¡! 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I I ; . , " ~ i - j' ¡ , " " r " !; H~¡ d:, n;; ~ i:¡- -~ ¡.. ~ ;=~ ~ ¡ ~ .¡ / /- 30 fY-f.-1 ßIJ J- CITY COUNCIL AGENDA STATEMENT Item: Meeting Date: ITEM TITLE: PUBLIC HEARING: PCM-02-14, consideration of amendments to the EastLake l~I Sectional Planning Area (SPA) Plan, Otay Ranch Village Eleven Sectional Planning Area (SPA) Plan, and Otay Ranch Village Six Sectional Planning Area (SPA) Plan, to incorporate Section El. 8 Water Conservation Plan into each of the Sectional Planning Area (SPA) Plans. Resolution of the City Council of the City of Chula Vista approving an amendment to the EastLake III Sectional Planning Area (SPA) Plan to incorporate Section I].8 Water Conservation Plan. Resolution of the City Council of the City of Chula Vista approving an amendment to the Otay Ranch Village Eleven Sectional Planning Area (SPA) Plan to incorporate Section II.8 Water Conservation Plan. Resolution of the City Council of the City of Chula Vista approving an amendment to the Otay Ranch Village Six Sectional Planning Area (SPA) Plan to incorporate Section II.8 Water Conservation Plan. SUBMITTED BY: Director of Plarming and Building ~ REVIEWED BY: City Manager ~ ~C' (4/5ths Vote:Yes__ No X_) Staff is requesting amendments to the Eastlake IX[ Sectional Planning Area (SPA) Plan, the Otay Ranch Village Eleven Sectional Planning Area (SPA) Plan, and the Otay Ranch Village Six Sectional Planning Area (SPA) Plan to incorporate Water Conservation Plans into each of the Sectional Planning Area (SPA) Plans as mandated by the City of Chula Vista's Growth Management Ordinance. The developers of the three Planning Areas, in order to meet the Sectional Planning Area (SPA) content requirements, agreed to participate in a pilot program to study and evaluate water conservation measures in their projects. The City retained a consultant to analyze technical water saving devises, evaluate the three SPA projects, prepare a water use efficiency report and develop standards. The purpose of the study was not only to develop the water conservation program for the three current SPA Plans, but also to provide the basis to develop guidelines for the preparation of future water conservation plans. Staff should now be directed to draft guidelines for future water conservation plans using the information contained in the pilot study and report (Attachment 8). Page 2, Itemz Meeting Date: The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the proposed project was adequately covered in the previously adopted EastLake m Woods and Vistas Replanning Program EIR 01-01, the Otay Ranch GDP Amendments/Village 11 SPA Plan E1R 01-02 and the Village Six SPA Plan EIR 98-01. Thus, no further environmental review or documentation is necessary. RECOMMENDATION: That the City Council: · Accept the Water Use Efficiency: Strategies for Proposed Residential Developments, April 10, 2002 report prepared for the City by Bahman Sheikh Ph.D., P.E., and direct staff to draft Water Conservation Plan Guidelines based on results of this report and the pilot water conservation plans. · Adopt a resolution approving the proposed amendment to the Eastlake 113[ Sectional Planning Area (SPA) Plan incorporating the required Water Cons~vation Plan into the Sectional Planning Area (SPA) Plan. · Adopt a resolution approving the proposed amendment to the Otay Ranch Village Eleven Sectional Planning Area (SPA) Plan incorporating the required Water Conservation Plan into the Sectional Planning Area (SPA) Plan. · Adopt a resolution approving the proposed amendment to the Otay Ranch Village Six Sectional Planning Area (SPA) Plan incorporating the required Water Conservation Plan into the Sectional Planning Area (SPA) Plan. BOARDS/COMMISSIONS RECOMMENDATION: Thc Planning Commission held a public hearing on May 8, 2002 to consider the Project. The Planning Commission voted 5-0 (Commissioners O'Neill and McCann absent) to recommend that the City Council take the actions listed above. In addition the Commission encourages City staffto work with local water purveyors, State and Federal water agencies to provide incentives for thc installation additional o£ water conservation devices and improvements beyond existing mandates in new and existing developments. In addition, on December 5, 2001, the Planning Commission held a joint workshop with the Resource Conservation Commission (RCC) during which the water conservation pilot study and report were discussed. No action was taken at that meeting. Pa~e 3, Item: Meeting Date: .~/~./~? DISCUSSION: Water conservation has become a subject of concem in southern California as local and regional water purveyors strive to meet future water demands as growth continues. As a result, the City Council expressed interest in methods to conserve water in master planned communities being developed in eastern Chula Vista and a desire that non-mandatory water conservation measures be considered in future Water Conservation Plans. The City's Growth Management Ordinance requires that a Water Conservation Plan (WCP) be prepared for all major development projects (50 dwelling units or greater). The City has undertaken an effort to more systematically assess potential water conservation measures in new residential development, and provide a basis for developing guidelines for future Water Conservation Plans. This effort included the preparation of a report and development of a pilot study to evaluate the relative effectiveness; costs and issues associated with the implementation of additional water conservation measures beyond those currently mandated. On April 3, 2001, the City Council approved an Agreement between the City and Bahman Shiekh, Ph.D., P.E., to provide consulting services to analyze technical water saving devices, evaluate three projects, continue efforts to develop a gray water demonstration project and develop standards. A number of the standards were incorporated into the pilot programs. The pilot study participants are EastLake III, Otay Ranch Village Eleven and Otay Ranch Village Six. The Sectional Planning Area (SPA) Plans for all three projects have been approved and are conditioned to require preparation of their Water Conservation Plans based on the outcomes of the pilot study and information contained in the report. The proposed amendments to the three projects are now necessary in order to incorporate the required Water Conservation Plans into the SPA Plan documents. (See locator maps.) The report, Water Use Efficiency: Strategies for Proposed Residential Developments, April 10, 2002, prepared by Bahman Shiekh, Ph.D., P.E., identifies a number of water saving devices and measures having a range of savings, costs and feasibility. (Attachment 8) The most cost effective water conservation devices and strategies fall into three categories, Building Construction, Appliances, and Landscape and hrigation. The pilot study participants used the list of water conservation measures to develop their individual Water Conservation Plans. The Water Use Efficiency report was distributed to the local water purveyors, San Diego County Water Authority, Otay Water District and Sweetwater Authority, as well as other interested parties for review and comment. We received comments back fi:om the San Diego County Water Authority, the Sweetwater Authority and ReWater Sy}tems, Inc. The City's consultant, Bahman Meeting Date: 57n/a9 Sheikh, Ph.D., P.E., made the necessary corrections and formulated a response to the comments received. (Attachment 9) The report also contains information about gray water systems. A calculation of the benefit/cost ratio indicated that the benefits do not justify the cost of a gray water system at this time. Gray water stub-outs are identified as a potential measure in new homes to preserve the option for gray water installation in the future should technology, cost and demand for water dictate a change in the perception of gray water. The City is continuing to pursue a grant for gray water systems. Current federal and state legislation mandates the use of certain water conservation plumbing devices in all new developments. Staff has worked extensively with the developers participating in the pilot study to develop feasible water conservation implementation programs for each of the projects that will achieve water savings beyond what has been required in past water conservation plans. The developers involved in the pilot study all agreed to implement three indoor water saving devices to be installed in all of the dwelling units. In addition each of the projects also agreed to the implementation of various outdoor measures. The outdoor measures include the funding and provision of an education program by the developers including a landscape guide for all property owners. The education program will be a cooperative effort between the City, Otay Water District and the participating developers. The contents of the landscape guide and scope of the education program are still being refined and will be subject to the approval of the Director of Planning and Building. Because there is no documented information supporting the projected water savings attributed to an educational program and landscape guide, that measure is shown on a separate table and is an estimate of the amount of savings that could occur should the program be implemented by all property owners. An explanation and summary table of the Water Conservation Plans follow: EastLake III The Water Conservation Plan for EastLake m (Attachment 1 O) requires implementation of three indoor and three outdoor water conservation measures below: INDOOR Ol ITF)OOR Hot Water Pipe Insulation Evapotranspiration (ET) Controllers in parkway and Pressure Reducing Valves open space irrigation Water Efficient Dishwashers Water Efficient Landscaping Educational Program Page 5, Item: Meeting Date: The Master Developer will provide educational materials and guidance to new homeowners, install drought tolerant landscaping in selected streetscapes and open areas and require the inclusion of drought tolerant plant material and efficient irrigation systems in the majority of builder installed landscaping. In addition the Master Developer will organize and conduct educational seminars on a semi-annual basis or as agreed upon by the City, the Otay Water District and the Master Developer throughout the construction phase of the project. To further promote the Water Conservation Plan the developer will encourage the merchant builders to offer other conservation options to homebuyers and to display those options in their model homes. This will also be achieved through a cooperative effort with the City, the Otay Water District and the Master Developer to provide information when possible including the manufacturers name, and the availability of the water conservation devices. Implementation of all measures except the Educational Program is projected to reduce the total projected potable water demand in EastLake In by 5.3%. It is estimated that the Educational Program could also reduce the total projected potable water demand in EastLake In by an additional 5.3%. Otay Ranch Village Eleven The Water Conservation Plan for Otay Ranch Village Eleven (Attachment 11) requires implementation of three indoor and two outdoor water conservation measures below: INDOOR Ol ]TDf)OR Hot Water Pipe Insulation Evapotranspiration Controllers in all single-family Pressure Reducing Valves front yards. Water Efficient Dishwashers Landscape Guide & Educational Program The Master Developer will provide educational materials and guidance to new homowners, install drought tolerant landscaping in selected streetscapes and open areas and require the inclusion of drought tolerant plant material and efficient irrigation systems in the majority of builder installed landscaping. In addition the Master Developer will organize and conduct educational seminars on a semi-annual basis or as agreed upon by the City, the Otay Water District and the Master Developer throughout the construction phase of the project To further promote the Water Conservation Plan the developer will encourage the merchant builders to offer other conservation options to homebuyers and to display those options in their model homes. This will also be achieved through a cooperative effort with the City, the Otay Water District and the Master Developer to provide information when possible including the Page 6, Item: Meeting Date: 5./~./~? manufacturers name, and the availability of the water conservation devices. Implemc~ntation of all measures except the Landscape Guide is projected to reduce the total projected potable water demand in Otay Ranch Village Eleven by 14.9%. It is estimated that the Landscape Guide and Educational Program could also reduce the total projected potable water demand in Otay Ranch Village Eleven by an additional 5.7%. Otay Ranch Village Six The Water Conservation Plan for Otay Ranch Village Six (Attachment 12) requires implementation of three indoor and one outdoor water conservation measure below: 1NT~OOR Ol ITDOOR Hot Water Pipe Insulation Landscape Guide & Education Program Pressure Reducing Valves Water Efficient Dishwashers The Master Developer will provide educational materials and guidance to new homowners, install drought tolerant landscaping in selected streetscapes and open areas and require the inclusion of drought tolerant plant material and efficient irrigation systems in the majority of builder installed landscaping. In addition the Master Developer will organize and conduct educational seminars on a semi-annual basis or as agreed upon by the City, the Otay Water District and the Master Developer throughout the construction phase of the project To further promote the Water Conservation Plan the developer will encourage the merchant builders to offer other conservation options to homebuyers and to display those options in their model homes. This will also be achieved through a cooperative effort with the City, the Otay Water District and the Master Developer to provide information when possible including the manufacturers name, and the availability of the water conservation devices. Implementation of all measures except the Education Program is projected to reduce the total projected potable water demand in Otay Ranch Village Six by 4.0%. It is estimated that the Landscape Guide and Educational Program could also reduce the total projected potable water demand in Otay Ranch Village Six by an additional 3.9%. Page 7, Item:~ Meeting Date: WATER SAVING MEASURES EastLake III Otay Ranch V-11 Otay Ranch V-6 INDOOR Hot Water Pipe 1.3% 2.2% 2% Insulation 13,561 gpd* 15,160 gpd* 13,726 gpd* Pressure Reducing .9% 1.7% 1.4% Valves 10,161 gpd* 11,358 gpd* 10,284 gpd* Water Efficient .3% .6% .54% Dishwashers 3,669 gpd* 4,102 gpd* 3,713 gpd* OUTDOOR ET Controllers for .6% N/A N/A parkway irrigation 6,780 gpd* Water Efficient 1.5% N/A N/A Landscaping in Open 16,740 gpd* Space ET Controllers in .7% N/A N/A Open Space irrigation 8,655 gpd* ET Controllers in N/A 10.4% N/A fi'ont yards of single- 71,830 gpd* family du's TOTAL POTABLE 5.3% 14.9% 4.0% WATER SAVINGS 59,566 gpd* 102,450 cod* 27.723 end* *gallons per day ESTIMATED WATER SAVING MEASURES EastLake III Otay Ranch V-11 Otay Ranch V-6 OUTDOOR Education 5.3% 5.7% 3.9% Program/Landscape 59,070 gpd* 39,330 gpd* 26,490 gpd* guide TOTAL 5.3% 5.7% 3.9% ESTIMATED 59,070 gpd* 39,330 gpd* 26,490 gpd* SAVINGS *gallons per day Meeting Date: Water Conservation Guidelines The water conservation pilot study has provided valuable information for staff to use in developing guidelines for the preparation of future Water Conservation Plans. Based on the results of the pilot study, and the experience gained in preparing the three Water Conservation Plans currently under consideration, guidelines for future Water Conservation Plans should next be prepared. Conclusion Water Conservation Plans required by the City's Growth Management Ordinance have been prepared for three separate projects, EastLake RI, Otay Ranch Village Eleven and Otay Ranch Village Six, consistent with the outcome of thc water conservation pilot study initiated by the City and agreed to by the various project property owners. Staff has concluded that the amendments to the EastLake RI Sectional Planning Area (SPA) Plan, Otay Ranch Village Eleven Sectional Planning Area (SPA) Plan, and Otay Ranch Village Six Sectional Planning Area (SPA) Plan, are all consistent with the objectives of the pilot study program, requirements of the Growth Management Ordinance, and goals and policies of the Chula Vista General Plan. The proposed amendments are also consistent with the policies and requirements described in the approved EastLake 111 GDP, and Otay Ranch GDP/SRP. The amendments do not involve changes to planned land use or circulation pattems in the three Sectional Planning Area (SPA) Plans. In addition the amendments will enhance the environmental quality of the three developments through the implementation of water conservation measures beyond current mandates. Staff recommends approval of the amendments to the EastLake RI Sectional Planning Area (SPA) Plan, Otay Ranch Village Eleven Sectional Planning Area (SPA) Plan, and Otay Ranch Village Six Sectional Planning Area (SPA) Plan, to incorporate Section 11.8 Water Conservation Plan into each individual Sectional Planning Area (SPA) Plan. Furthermore, it is recommended that, based upon the results of the pilot program, staff be directed to draft Water Conservation Plan Guidelines for future consideration by the City Council. Staff also concurs with the Planning Commission's recon~rnendation that the City work with local water purveyors, State and Federal water agencies to provide incentives for the installation of additional water conservation devices and improvements beyond existing mandates in new and existing developments. Page9, Item: Meeti~g Date: s~/~ FISCAL IMPACT: The source of funds for the pilot study was the SBFD 292, Special Sewer Ftmd. The affected developers were responsible for their respective water cons~vation plans, and will be responsible for implementing their plans. Attachment~ 1. EastLake III Locator Map 2. Otay Ranch Village Eleven Locator Map 3. Otay Ranch Village Six Locator Map 4. Planning Commission Resolution PCM-02-14A 5. Planning Commission Resolution PCM-02-14B 6. Planning Comrmssion Resolution PCM-02-14C 7. Planning Commission Minutes May 8, 2002 meeting 8. Water Use Efficiency: Strategies for Proposed Residential Developments, April 10, 2002, Bahman Sheikh Ph.D., P.E. 9. Response to comments on Water Use Efficiency: S~'ategies for Proposed Residential Developments, April 10, 2002, Bahman Sheikh Ph.D., P.E. 10. EastLake III Section II.8 Water Conservation Plan 11. Otay Ranch Village Eleven Section II.8 Water Conservation Plan 12. Otay Ranch Village Six Section II.8 Water Conservation Plan H~PLANNING\WCP\PCM02-14 spa amendA I 13 ROLLING HILLS RANCH · · UPPER EASTLAKE EASTLAKE BUSUN~ESS ¥ WOODS OTA¥ '~ RESERVOIR CENTER II LOCATION EASTLAKE EASTLAKE LO~R TRAILS VISTAS OTAY RESERVOIR EASTLAKF~ GREENS ? ~ TRAINING CEN~i,ER CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR .RO~EC~ APPLICANT: CITY OF CHULA VISTA  ..O~EC~ _AMENDMENT ADDRESS: OTAY LAKES ROAD Request: Amendment to Eastlake III SPA Plan to incorporate SCALE: ~ FILE NUMBER: the Water Conservation Plan. NORTH C:\DAIFILES\locators\PCM0214.cdr 04/12/02 /~ ~ Attachment I CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR P.oJEc'r PROJEO'r DEsc..mo.:  APPLICANI~ Ci;-Y OF CHULA VISTA : AMENDMENT PROJEOT ADDRESS: OLYMPIC PARKWAY Request Amendment to Otay Ranch Village 11 SPA PJan to incoq~orate the Water Conservation Plan. ' C:\DAIFILES\locators\pcm0214.cdr 04/12/02 //(::;~ '// ~t-t..,-i._~.~- O EA~T~ GREENS COUNTRYSI~)E VILLAGE 11 VILLAGE 6 FREEWAY ~ COMMERCIAL VILLAGE 2 FUTURE '" EASTERN URBAN CENTER VILLAGE 7 PROJECT LOCATION CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATORPROJECT PROJECT DESCRIPTION:  APPUC^~: C],-Y OF CHULA VISTA AMENDMENT PROJECT Southeast corner of La Media Roa ADDRESS: and Olympic Parkway Request: Amendment to Otay Ranch Village 6 SPA Plan .. *" i'~"~orate the Water Conservation Plan. NORTH C:\DAIFILES\Iocators\PCM0214.cdr 04/12/02 P~SOLIJ~ION NO. ~C~-0~-]4~ CH~A ~STA ~CO~ND~G T~T T~ CI~ CO~CIL ~PRO~ ~ ~~NT TO ~ E~TL~ ~ SECTION~ PL~G ~A (SPA) PL~ TO INCO~O~TE SECTION II.8 WATER CONSERVATION PL~ ~E~AS, ~e prope~ w~ch is ~e subject ma~er offs resolution is identifi~ in E~bit "A" a~ached ~d is colony ~o~ ~ E~tL~e ~; ~d, ~E~AS, on April 3, 2001, ~e CiW Co~cil approved ~ a~eement be~een · e CiW of Chula Vista ~d B~ She~, Ph.D.P.E. for ~e pr~afion of r~o~s ~d ~alyses of water conse~afion me~es for ~ee development proj~; ~d ~E~AS, ~e prope~ o~ers of ~e ~ee development projects, including E~e ~ Sectional Plmg ~ea (SPA) PI~ a~eed to p~cipate h a pilot study proem to develop ~d ~plment new water co~e~afion me,wes; ~d ~E~AS, when ~e E~t~e IH Sectional Plmg ~ea (SPA) PI~ was adopted there w~ no Water Conse~afion PI~ ~cluded pending the results of the pilot study pro,m; ~d ~E~AS, a r~on cont~ng ~alyses of wat~ co~e~afion me~es ~d ~e results of ~e pilot s~dy proem w~ pr~ed by B~ S~e~, Ph.D., P.E, entitled Water Use Efficiency: S~ate~es for Proposed Residmti~ Developments, April 10, 2002, ~d a copy shall be kept on file wi~ ~e CiW Cl~k; ~d ~E~AS, ~e water conse~ation r~o~ ~d pilot study proem provided necess~ i~o~ation for staff to use ~ develop~g ~delines for ~e pr~afion of hmre water conse~afion pl~; ~d WHE~AS, a Wmer Conse~afion PI~ h~ now been prepmed for ~cl~ion in ~e E~e ~ Sectionfl Plmg ~ea (SPA) PI~ consistent wi~ ~e outcomes of~e water conse~afion pilot study pro~; ~d WHE~AS, ~ application &CM 02-14) to mend ~e E~tL~e ~ Secfionfl Plmg ~ea (SPA) PI~ was filed by ~e CiW of Chula Vista Plmng Division with the consent of ~e propeffy o~er; ~d ~E~AS, ~e City of Chula Vista Plug Division requests ~ men~ent to the E~tL~e ~ Sectional Pl~ng ~ea (SPA) PI~ to ~co¢orate Section H.8 Water Conse~ation PI~ into ~e Sectional Pl~ng ~ea (SPA) docment m ~fill ~e objectives of the pilot s~dy proem ~d ~e req~ements of ~e City's Gro~h M~agement Proem (herein~er refe~ed to ~ Projec0; ~d WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the proposed project was adequately covered in the previously adopted EastLake 1II Woods and Vistas Replanning Program EIR 01-01, thus no further environmental review is necessary; and, WHEREAS, the Planning and Building Director set the time and place for a heating on said Amendment to EastLake m Sectional Planning Area (SPA) Plan (PCM-02-14) and notice of said heating, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners and tenants w/thin 500 feet of the exterior boundaries of the property at least 10 days prior to the heating; and, WHEREAS, the heating was held at the time and place as advertised, namely 6:00 p.m., May 8, 2002, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said heating was thereafter closed. NOW, THEREFORE, BE IT RESOLVED THAT TIlE PLANNING COMMISSION hereby recommends that the City Council adopt the attached draft City Council Resolution approving the amendment to EastLake I/I Sectional Planning Area (SPA) Plan in accordance with the findings and subject to the conditions contained therein. BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION hereby recommends that the City Council accept the Water Use Efficiency: Strategies for Proposed Residential Developments, April 10, 2002, report prepared for the City by Bahman Sheikh Ph.D., P.E. and direct staff to draft Water Conservation Plan Guidelines. BE IT FURTHER RESOLVED THAT a copy of this Resolution be transmitted to the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CI-IULA VISTA, CALIFORNIA, this 8m day of May, 2002 by the following vote, to- wit: ASrES Castaneda, Cortes, Hall, Thomas, Willett NOES: AJBSENT: 0' Nei l l, Mcgann Russ Hall, Vice Chair for Chair O'Neill Kevin O'Neill, Chairperson H~PLANNING\WCP\ELIIISPA Amend PC reso RESOLUTION NO. PCM-02-14B RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA RECOMMENDING THAT THlr~ CITY COUNCIL APPROVE AN AMENDMENT TO THE OTAY RANCH VILLAGE ELEVEN SECTIONAL PLANNING AREA (SPA) PLAN TO INCORPORATE SECTION II.8 WATER CONSERVATION PLAN WHEREAS, the property which is the subject ma~er o£ this resolution is identified in Exhibit "A" attached and is commonly known as Otay Ranch Village Eleven; and, WHEREAS, on April 3, 2001, the City Council approved an agreement between the City of Chula Vista and Bahman Sheikh, Ph.D.P.E. for the preparation of reports and analyses o£water conservation measures for three development projects; and WHEREAS, the property owners of the three development projects, including Otay Ranch Village Eleven Sectional Plaxming Area (SPA) Plan agreed to participate in a pilot study program to develop and implement new water conservation measures; and Vv'HEREAS, when the Otay Ranch Village Eleven Sectional PlanvSng Area (SPA) Plan was adopted there was no Water Conservation PIan included pending the results o£the pilot study program; and VOtEREAS, a report containing analyses of water conservation measures and the results of the pilot study program was prepared by Bahman Shiekh, Ph.D., P.E, entitled Water Use Efficiency: Strategies for Proposed Residential Developments, April 10, 2002, and a copy shall be kept on file with the City Clerk; and WHEREAS, the water conservation report and pilot study program provided necessary information for staff to use in developing guidelines for the preparation of future water conservation plans; and VOtEREAS, a Water Conservation Plan has now b~en prepared for inclusion in the Otay Ranch Village Eleven Sectional Plarming Area (SPA) Plan consistent with the outcomes of the water conservation pilot study program; and IVttEREAS, an application (PCM 02-14) to an~end the Otay Ranch Village Eleven Sectional Planning Area (SPA) Plan was filed by the City of Chula Vista Plar_ning Division with the consent of the property o~vner; and VOtEREAS, the City of Chula Vista Planning Division requests an amendment to the Otay Ranch Village Eleven Sectional Planning Area (SPA) Plan to incorporate Section I1.8 Water Conservation Plan into the Sectional Planning Area (SPA) document to fulfill the objectives of the pilot study program and the requirements of the City's Growth Management Program (hereinafter referred to as Project); and WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the proposed project was adequately covered in the previously adopted Otay Ranch GDP Amendments/Village 11 SPA Plan EIR 01-02, and therefore no further environmental review or documentation is necessary; and VOtEREAS, the Planning and Building Director set the time and place for a heahng on the project and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners and tenants within 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and, VOtEREAS, the heating was held at the time and place as advertised, namely 6:00 p.m., May 8, 2002, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said heating was thereafter closed. NOW, THEREFORE, BE IT RESOLVED TItAT TIlE PLANNING COMMISSION hereby recommends that the City Council adopt the attached draft City Council Resolution approving the amendment to Otay Ranch Village Eleven Sectional Planning Area (SPA) Plan in accordance with the findings and subject to the conditions contained therein. BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION hereby recommends that the City Council accept the Water Use Efficiency: Strategies for Proposed Residential Developments report prepared for the City by Bahman Sheikh Ph.D., P.E. and direct staff to draft Water Conservation Plan Guidelines. BE IT FURTHER RESOLVED THAT a copy of this Resolution be transmitted to the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFO~, tlfis 84 day of May, 2002 by the following vote, to- wit: AYES Castaneda, Cortes, Hall, Thomas, Willett NOES: ABSENT: O'Neill, McCann Russ Hal~, Vice Chair for Chair OINeill Kevin O'Neill, Chairperson icBPLANNING\WCPW 11 SPA Amend PC reso RESOLUTION NO. PCM-02q4C RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA RECOMMENDING THAT THE CITY COUNCIL APPROVE AN AMENDMENT TO THE OTAY RANCH VILLAGE SIX SECTIONAL PLANNING AREA (SPA) PLAN TO INCORPORATE SECTION II.8 WATER CONSERVATION PLAN WHEREAS, the property which is the subject matter of this resolution is identified in Exhibit "A" attached and is commonly known as Otay Ranch Village Six; and, WHEREAS, on April 3, 2001, the City Council approved an agreement between the City of Chula Vista and Bahman Sheikh, Ph.D.P.E. for the preparation of reports and analyses of water conservation measures for three development projects; and WHEREAS, the property owners of the three development projects, inclucYmg Otay Ranch Village Six Sectional Planning Area (SPA) Plan agreed to participate in a pilot study program to develop and implement new water conservation measures; and WHEREAS, when the Otay Ranch Village Six Sectional Planning Area (SPA) Plan was adopted there was no Water Conservation Plan included pending the results of the pilot study program; and WHEREAS, a report conta'ming analyses of water conservation measures and the results of the pilot study program was prepared by Bahman Shiekh, Ph.D., P.E, entitled Water Use Efficiency: Strategies for Proposed Residential Developments, April 10, 2002, and a copy shall be kept on file with the City Clerk; and WHEREAS, the water conservation report and pilot study program provided necessary/nformation for staff to use in developing guidelines for the preparation of future water conservation plans; and WHEREAS, a Water Conservation Plan has now been prepared for inclusion in the Otay Ranch Village Six Sectional Pla~ming Area (SPA) Plan consistent with the outcomes of the water conservation pilot study program; and WI-IEREAS, an application (PCM 02-14) to amend the Otay Ranch Village Six Sectional Plarming Area (SPA) Plan was filed by the City of Chuta Vista Planning Division with the consent of the property owner; and VOrlEREAS, the City of Chula Vista Planning Division requests an amendment to the Otay Ranch Village Six Sectional Planning Area (SPA) Plan to incorporate Section I/.8 Water Conservation Plan into the Sectional Planning Area (SPA) document to fulfill the objectives of the pilot study program and the requirements of the City's Growth Management Program (hereinafter referred to as Project); and WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the proposed project was adequately covered in the previously adopted Village Six SPA Plan EIR 98-01 and therefore no further environmental review or documentation is necessary; and WHEREAS, the Planning and Building Director set the time and place for a hearing on said Amendment to Otay Ranch Village Six Sectional Planning Area (SPA) Plan (PCM- 02-i4) and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners and tenants within 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m., May 8, 2002, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION hereby recommends that the City Council adopt the attached draft City Council Resolution approving the amendment to Otay Ranch Village Six Sectional Planning Area (SPA) Plan in accordance with the findings and subject to the conditions comained therein. BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION hereby recommends that the City Council accept the Water Use Efficiency: Strategies for Proposed Residential Developments report prepared for the City by Bahman Sheikh Ph.D., P.E. and direct staff to draft Water Conservation Plan Guidelines. BE IT FURTHER RESOLVED THAT a copy of this Resolution be transmitted to the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 8m day of May, 2002 by the following vote, to- wit: AYES Castaneda, Cortes, Hall, Thomas, Willett NOES: ABSENT: O'Neill, McCann ~,,~ ~ ' Russ Hall, Vice Chair for Chair O'Neill Kevin O'Neill, Chairperson hhPLANNING\WCPW6SPA Amend PC reso '/8 Planning Commission Minutes - ? - May 8, 2002 7. PUBLIC HEARING: PCM 02-14; Consideration of amendments to the Eastlake Ill Sectional Planning Area (SPA) Plan, Otay Ranch Village Eleven Sectional P~anning Area (SPA) Plan, and Otay Ranch Village Six Sectional Planning Area (SPA) Plan, to incorporate Section 11.8 Water Conservation Plan into each of the Sectional Planning Area (SPA) Plans. Background: Mary Venables, Associate Planner reported that for the Commission's consideration is the Water Conservation Pilot Program, including the necessary SPA amendments to incorporate water conservation plans into three projects. Ms. Venables further stated that the Commission is asked to make the following recommendations to the City Council: · That the City Council accept the Water Use Efficiency report and direct staff to draft Water Conservation Plan Guidelines. · Adopt a Resolution incorporating the Eastlake III Water Conservation Plan into the SPA Plan. · Adopt a Resolution incorporating the Otay Ranch Village 11 Water Conservation Plan into the SPA Plan. · Adopt a Resolution incorporating the Otay Ranch Village 6 Water Conservation Plan into the SPA Plan All three of the participant developers in the study agreed to install three interior water saving devices in all of their dwelling units; they are: · Hot Water Pipe Insulation · Pressure reducing valves · Water-efficient dishwashers Although Eastlake Ill was not able to use recycled water as extensively as the other two projects due to the drainage restrictions into the upper and lower Otay reservoir, they were able to save potable water through the use of Evapotranspiration (ET) Controllers in the parkways and in open space irrigation and will also provide water-efficient landscaping. Based on documented information, implementation of all measures except the educational program is projected to reduce the projected potable water demand by the following: · Eastlake III by 5.3% without educational program and by an additional 5.3% with the educational program. · Otay Ranch Village 11 by 14.9% without Landscape Guide and by an additional 5.7%. with Landscape Guide and educational program. · Otay Ranch Village 6 by 4.0% without educational program and by an additional 3.9% with Landscape Guide and educational program. Planning Commission Minutes - 8 - May 8, 2002 Existing Federal and State mandates require the installation of plumbing devices in new developments that meet specified maximum flow rates. The City's Growth Management Ordinances requires a conservation plan be prepared for all major projects (15 du's or greater). Ms. Venables further stated that on April 2001 Council retained Dr. Bahman Shiekh to provide consulting services to analyze technical water saving devices, evaluate three projects and continue efforts to develop a gray water demonstration project. The pilot study participants are Eastlake III, Otay Ranch Village Eleven and Village Six. The Water Use Efficiency report was distributed to local water purveyors and comments were received back from San Diego County Water Authority, the Sweetwater Authority and ReWater Systems Inc. and corrections and response to comments were made. Commission Discussion: Commissioner Hall stated that he understands responsible development and the need for such conservation programs, however, he is concerned that any added cost that the developer is required to implement is understandably passed on to the consumer in housing cost. Cmr. Hall asked what the cost per unit would be if all of the measures are implemented. Ms. Venables responded that all of the developers agree that the indoor measures are relatively inexpensive, however, the outdoor measures vary in terms of what the costs are going to involve. Mr. Sandoval interjected that looking at the extensive list of measures in the report, some of them are considerably more costly than others and the ones that the developers chose are fairly inexpensive where the cost per unit is in the hundreds of dollars, as opposed to thousands. Furthermore, one of the measures (the evapotranspiration controller) would save the homeowner a significant amount of money on their water bill. Commissioner Willett asked for clarification on wording in (page 58) "recommend that all liability and responsibility for compliance with the Plumbing Code rests upon the homeowner using a gray water system or having and un-used stub out on the premises." If the gray water system is built into the house, the liability and responsibility for the plumbing code should not rest on the homeowner, but rather, the home builder. Ms. Venables stated that none of the projects chose to explore a gray water system and were unsuccessful in negotiating gray water stub-outs in any of the houses. She further stated that this is an on-going discussion regarding the concerns of the liabilities and where the responsibility is going to fall Planning Commission Minutes - 9 - May 8, 2002 Commissioner Thomas asked for clarification on what, if any, are the cost benefits to the gray water system. Dr. Shiekh stated that the Water Use Efficiency report provides an extensive review of the gray water system. According to calculations of benefit/cost ratio for gray water systems indicate that the benefits do not justify the cost, therefore, the general feasibility of gray water systems is doubtful according to cost estimates from suppliers, which ranges anywhere from $1,500 to $6,000. Dr. Shiekh further stated that gray water stub-outs can be provided relatively inexpensive (approx. $200 dollars per residence) in newly constructed homes, so as to make the home gray-water ready. Stub-outs by themselves do not result in any water savings, however, they provide the opportunity for homeowners to install a new system with no additional plumbing expense. Commissioner Castaneda stated that whether one agrees with it or not, unlike power plants, that can be built to produce more energy, water is a resource that cannot be produced; we either have it or we don't, therefore, in his opinion, the lack of water in the future will dictate the direction and speed in which these water conservation measures are implemented. Public Hearing Opened 8:55. Steve Bilson, Chairman/CEO ReWater Systems, 477 Marina Parkway, Chula Vista stated he disagrees with a lot of what is contained in the consultant's report. He further stated that over the last 12 years they've installed gray water systems and sponsored the State law that legalizes gray water irrigation in California. Mr. Bi Ison stated that after lengthy review of the City of Chu[a Vista's loan application, the California Water Resources Control Board gave Chula Vista 1 million dollars for a gray water program. The City of San Diego put years into a loan application for their reclamation plants and did not qualify; they don't meet the threshold of cost effectiveness; gray water does. By combining water conservation benefits with waste water reduction benefits, gray water is very cost effective. He, therefore, encouraged the Commission to urge the developers to implement such measures. Commission Castaneda asked what the cost would be to retrofit a home for a gray water system. Mr. Bilson responded that they rarely retrofit because it is cost prohibitive. Planning Commission Minutes - 10 - May 8, 2002 John Norman, Brookfield Homes, 12865 Point Del Mar, Suite 200, Del Mar, clarified that these are pilot programs that they entered into and they do not necessarily understand how the costs are going to be borne at the consumer level when the homes are sold. Mr. Norman further stated that presently, through this pi lot program, they have approximately $865 per unit that is being allocated to this, which translates to approx. 2 million to the overall project and that is directly going to the consumers. Mr. Norman further stated that he is not degrading the merit of these programs (water and air quality), however, the reality is that development costs are being added which are then passed on to the consumer during the present time when "affordable housing" is the buzz word. He takes pride in knowing that the new homes that are being built surpass any expectations of how homes were built 5 or 10 years ago in terms of energy and water efficient, their layout and traffic patterns. Lastly, Mr. Norman, stated the new homes are paying their share and the focus needs to be in creating incentive programs for the older homes that have old toilets, shower heads and irrigation systems to be retrofitted; similar to trade-ins for energy-efficient refrigerators. Public Hearing closed 8:55. MSC (Willett/Thomas) (5-0-2-0) that the Planning Commission recommend that City Council: · Accept the Water Use Efficiency: Strategies for Proposed Residential Developments and direct staff to draft Water Conservation Plan Guidelines. · Approve the proposed amendment to the Eastlake III Sectional Planning Area (SPA) Plan incorporating the required Water Conservation Plan into the SPA Plan. · Approve the proposed amendment to the Otay Ranch Village Eleven Sectional Planning Area (SPA) Plan incorporating the required Water Conservation Plan into the SPA Plan. · Approve the proposed amendment to the Otay Ranch Village Six Sectional Planning Area (SPA) Plan incorporating the required Water Conservation Plan into the SPA Plan. Addition to the motion offered by Commission Castaneda to: · Recommend that the City Council make a formal statement or recommendation to the water purveyors and the State of California to work towards developing incentives for homeowners and developers to implement these measures and make the necessary improvements to retrofit older homes. Amended motion accepted. Motion carried. RESOLUTION NO. 2002 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE EASTLAKE III SECTIONAL PLANNING AREA (SPA) PLAN TO INCORPORATE SECTION 11.8 WATER CONSERVATION PLAN WHEREAS, the property which is the subject matter of this resolution is identified in Exhibit "A" attached and is commonly known as EastLake III; and, WHEREAS, on April 3, 2001, the City Council approved an agreement between the City of Chula Vista and Bahman Sheikh, Ph.D. P.E. for the preparation of reports and analyses of water conservation measures for three development projects; and WHEREAS, the property owners of the three development projects, including EastLake III Sectional Planning Area (SPA) Plan agreed to participate in a pilot study program to develop and implement new water conservation measures; and WHEREAS, when the EastLake III Sectional Planning Area (SPA) Plan was adopted there was no Water Conservation Plan included pending the results of the pilot study program; and WHEREAS, a report containing analyses of water conservation measures and the results of the pilot study program was prepared by Bahman Shiekh, Ph.D., P.E, entitled Water Use Efficiency: Strategies for Proposed Residential Developments, April 10,2002, and a copy shall be kept on file with the City Clerk; and WHEREAS, the water conservation report and pilot study program provided necessary information for staff to use in developing guidelines for the preparation of future water conservation plans; and WHEREAS, a Water Conservation Plan has now been prepared for inclusion in the EastLake III Sectional Planning Area (SPA) Plan consistent with the outcomes of the water conservation pilot study program; and WHEREAS, an application (PCM 02-14) to amend the EastLake III Sectional Planning Area (SPA) Plan was filed by the City of Chula Vista Planning Division with the consent of the property owner; and WHEREAS, the City of Chula Vista Planning Division requests an amendment to the EastLake III Sectional Planning Area (SPA) Plan to incorporate the Eastlake III Section 11.8 Water Conservation Plan dated April, 2002 ("Water Conservation Plan") into the Sectional Planning Area (SPA) document to fulfill the objectives of the pilot study program and the requirements of the City's Growth Management Program (hereinafter referred to as Project); and If) ;'3 WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the proposed project was adequately covered in the previously adopted EastLake III Woods and Vistas Replanning Program EIR 01-01, thus no further environmental review is necessary; and, WHEREAS, the amendment to the EastLake III Sectional Planning Area (SPA) Plan conforms to the policies found in the Chula Vista General Plan and the EastLake General Development Plan; and WHEREAS, the Planning Commission set the time and place for a hearing on said Amendment to EastLake III Sectional Planning Area (SPA) Plan (pCM-02-14) and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners and tenants within 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and WHEREAS, the public hearing was held at the time and place as advertised, namely 6:00 p.m., May 8, 2002, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said public hearing was thereafter closed; and WHEREAS, by a vote of 5-0 the Planning Commission recommended that the City Council approve the amendment; and WHEREAS, a public hearing was scheduled before the City Council of the City of Chula Vista to consider an amendment to the EastLake III Sectional Planning Area (SPA) Plan. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby find, determine, resolve and order as follows: I. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing held on May 8, 2002, and the minutes and resolutions resulting there ¡¡-om, are hereby incorporated into the record of this proceeding. These documents, along with any documents submitted to the decision makers, shall comprise the entire record of the proceedings for any California Environmental Quality Act (CEQA) claims. II. ACTION The City Council hereby accepts the Water Use Efficiency: Strategies for Proposed Residential Developments, April 10, 2002 report prepared for the City by Bahman Sheikh Ph.D., P.E. and directs staff to draft Water Conservation Plan Guidelines. /dd1 III. COMPLIANCE WITH CEQA The City Council hereby finds that the Project, as described and analyzed in the EastLake III Woods and Vistas Replanning Program EIR 01-01, would have no new effects that were not examined in said EIR (Guideline 15168 (c)(2». IV. CEQA FINDING REGARDING PROJECT WITHIN SCOPE OF PRIOR EIR The City Council hereby finds that: (1) there were no changes in the Project ¡¡-om EIR 01-01 which would require revisions of said environmental report; (2) no substantial changes have occurred with respect to the circumstances under which the Project is undertaken since the previous environmental report; and (3) no new information of substantial importance to the Project has become available since the issuance and approval of the prior environmental report; and that, therefore, no new effects could occur or no new mitigation measures will be required in addition to those already in existence and made a condition for Project implementation. Therefore, the City Council approves the Project as an activity that is within the scope of the project covered by EIR 01-01. V. CONSISTENCY WITH THE GENERAL PLAN The City Council hereby finds that the proposed Project is consistent with the General Plan based on the following findings: A. THE PROPOSED PROJECT IS IN CONFORMITY WITH THE CHULA VISTA GENERAL PLAN. The Project, which is intended to implement the requirements of the Growth Management Ordinance that requires a Water Conservation Plan be prepared for all major development projects (50 dwelling units or greater) as a part of the Sectional Planning Area (SPA) Plan is consistent with the EastLake General Development Plan and Chula Vista General Plan in that goals and policies in both documents allow for such provision of Water Conservation Plans. B. THE PROPOSED PROJECT WILL NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY. The Project does not involve changes to planned land use or circulation patterns. The Project will enhance the environmental quality of the development through the implementation of water conservation measures. /;,)- ,;J 5 VI. APPROVAL OF AMENDMENT TO THE EASTLAKE III SECTIONAL PLANNING AREA (SPA) PLAN The City Council does hereby approve this amendment to the EastLake III Sectional Planning Area (SPA) Plan to incorporate the Water Conservation Program into the Sectional Planning Area (SPA) document on file at the City Clerk's Office based upon the findings and determinations on the record for this Project. VII. CONSEQUENCES OF FAILURE OF CONDITIONS Developer agrees to implement the three indoor and three outdoor water conservation measures outlined in the Water Conservation Program. If any of the foregoing conditions fail to occur, or they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, revoke or further condition issuance of all future building permits issued under the authority of the approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. Robert Leiter Planning and Building Director Approved as to form by CJv.- rvlt~ b John M. Kaheny City Attorney Presented by J:\Attomey\RESO\ELIII SPA Amend cc reso.doc / ;)- ,;) (,ø <t ~ '9. c\,() "'1~ "r~}- ,. / / ~ ' / // . . ~ VILLAGE 11 VILLAGE 6 FREEWAY COMMERCIAL </ />' ',' ,'/ /. /';/ /." '/ // .;/'" / '/ : . ,;;:<f:~;:/;/:;:: ~"" .' .;;>/;/'/;:/ //>,., .~,;/ ;//,;:;. /. /' // ,/ /. ,'/ / /' ';;/.)' Þ' /,;/ ///;/ /; / .// // // /// .// / / ;:/ /;/¿?//// ..... RO"p FUTURE BIRC\"l \ PROJECT LOCATIO~ \ I 1\ I EASTERN URBAN CENTER ... I VILLAGE 7 C HULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT PROJECT DESCRIPTION: C) APPLlCAN'r. CITY OF CHULA VISTA AMENDMENT PROJECT Southeast corner of La Media Road ADDRESS: and Olympic Parkway Request: Amendment to Otay Ranch Village 6 SPA Plan SCALE: FILE NUMBER: to incorporate the Water Conservation Plan. NORTH No Scale PCM-02-14 C:IDAIFILESllocatorsIPCM0214.cdr 04/12/02 /';;;-fii7 Exhibit "A" RESOLUTION NO. 2002 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE OTAY RANCH VILLAGE ELEVEN SECTIONAL PLANNING AREA (SPA) PLAN TO INCORPORATE SECTION 11.8 WATER CONSERVATION PLAN WHEREAS, the property which is the subject matter of this resolution is identified in Exhibit "A" attached and is commonly known as Otay Ranch Village Eleven; and, WHEREAS, on April 3, 2001, the City Council approved an agreement between the City of Chula Vista and Bahman Sheikh, Ph.D. P.E. for the preparation of reports and analyses of water conservation measures for three development projects; and WHEREAS, the property owners of the three development projects, including Otay Ranch Village Eleven Sectional Planning Area (SPA) Plan agreed to participate in a pilot study program to develop and implement new water conservation measures; and WHEREAS, when the Otay Ranch Village Eleven Sectional Planning Area (SPA) Plan was adopted there was no Water Conservation Plan included pending the results of the pilot study program; and WHEREAS, a report containing analyses of water conservation measures and the results of the pilot study program was prepared by Bahman Shiekh, Ph.D., P.E, entitled Water Use Efficiency: Strategies for Proposed Residential Developments, April 10, 2002, and a copy shall be kept on file with the City Clerk; and WHEREAS, the water conservation report and pilot study program provided necessary information for staff to use in developing guidelines for the preparation of future water conservation plans; and WHEREAS, a Water Conservation Plan has now been prepared for inclusion in the Otay Ranch Village Eleven Sectional Planning Area (SPA) Plan consistent with the outcomes of the water conservation pilot study program; and WHEREAS, an application (PCM 02-14) to amend the Otay Ranch Village Eleven Sectional Planning Area (SPA) Plan was filed by the City of Chula Vista Planning Division with the consent of the property owner; and WHEREAS, the City of Chula Vista Planning Division requests an amendment to the Otay Ranch Village Eleven Sectional Planning Area (SPA) Plan to incorporate Otay Ranch Village Eleven SPA Section II.8 Water Conservation Plan dated April 30, 2002 ("Water Conservation Plan") into the Sectional Planning Area (SPA) document to fulfill the objectives of the pilot study program and the requirements of the City's Growth Management Program (hereinafter referred to as Project); and /;; ,;-;;? WHEREAS, the Environmental Review Coordinator has reviewed the proposed Project for compliance with the California Environmental Quality Act and has determined that the proposed Project was adequately covered in the previously adopted Otay Ranch GDP AmendmentsNillage 11 SPA Plan EIR 01-02, thus no further environmental review is necessary; and, WHEREAS, the amendment to the Otay Ranch Village Eleven Sectional Planning Area (SPA) Plan conforms to the policies found in the Chula Vista General Plan and the Otay Ranch GDP/SRP; and WHEREAS, the Planning Commission set the time and place for a hearing on said Amendment to Otay Ranch Village Eleven Sectional Planning Area (SPA) Plan (PCM-02- 14) and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners and tenants within 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and WHEREAS, the public hearing was held at the time and place as advertised, namely 6:00 p.m., May 8, 2002, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said public hearing was thereafter closed; and WHEREAS, by a vote of 5-0 the Planning Commission recommended that the City Council approve the amendment; and WHEREAS, a public hearing was scheduled before the City Council of the City of Chula Vista to consider an amendment to the Otay Ranch Village Eleven Sectional Planning Area (SPA) Plan. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby find, determine, resolve and order as follows: I. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing held on May 8, 2002, and the minutes and resolutions resulting there ¡¡-om, are hereby incorporated into the record of this proceeding. These documents, along with any documents submitted to the decision makers, shall comprise the entire record of the proceedings for any California Environmental Quality Act (CEQA) claims. II. ACTION The City Council hereby accepts the Water Use Efficiency: Strategies for Proposed Residential Developments, April 10, 2002 report prepared for the City by Bahman Sheikh Ph.D., P.E., and directs staff to draft Water Conservation Plan Guidelines. / ,..") ....) q ç--d/ III. COMPLIANCE WITH CEQA The City Council hereby finds that the Project, as described and analyzed in the OtayRanch GDP AmendmentsNillage II SPA Plan EIR 01-02, would have no new effects that were not examined in said EIR. IV. CEQA FINDING REGARDING PROJECT WITHIN SCOPE OF PRIOR EIR The City Council hereby finds that: (1) there were no changes in the Project ¡¡-om EIR 01-02 which would require revisions of said environmental report; (2) no substantial changes have occurred with respect to the circumstances under which the Project is undertaken since the previous environmental report; and (3) no new information of substantial importance to the Project has become available since the issuance and approval of the prior environmental report; and that, therefore, no new effects could occur or no new mitigation measures will be required in addition to those already in existence and made a condition for Project implementation. Therefore, the City Council approves the Proj ect as an activity that is within the scope of the Project covered by the FEIR 01-02 (Guideline 15168(c)(2». V. CONSISTENCY WITH THE GENERAL PLAN The City Council hereby finds that the proposed Project is consistent with the General Plan based on the following findings: A. THE PROPOSED PROJECT IS IN CONFORMITY WITH THE CHULA VISTA GENERAL PLAN. The Project, which is intended to implement the requirements of the Growth Management Ordinance that requires a Water Conservation Plan be prepared for all major development projects (50 dwelling units or greater) as a part of the Sectional Planning Area (SPA) Plan is consistent with the Otay Ranch GDP/SRP and the Chula Vista General Plan in that goals and policies in both documents allow for such provision of Water Conservation Plans. B. THE PROPOSED PROJECT WILL NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY. The Project does not involve changes to planned land use or circulation patterns. The Project will enhance the environmental quality of the development through the implementation of water conservation measures. )!:.,i.. '":.;1;) tr.'· ."..... VI. APPROVAL OF AMENDMENT TO THE OTAY RANCH VILLAGE ELEVEN SECTIONAL PLANNING AREA (SPA) PLAN The City Council does hereby approve this amendment to the Otay Ranch Village Eleven Sectional Planning Area (SPA) Plan to incorporate the Water Conservation Plan into the Sectional Planning Area (SPA) document on file at the City Clerk's Office based upon the findings and detenninations on the record for this Project. VII. CONSEQUENCES OF FAILURE OF CONDITIONS Developer agrees to implement the indoor and outdoor water conservation measures outlined in the Water Conservation Plan. If any of the foregoing conditions fail to occur, or they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modifY all approvals herein granted, deny, revoke or further condition issuance of all future building permits issued under the authority of the approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. Presented by Approved as to form by ~~~~ John M. Kaheny City Attorney Robert Leiter Planning and Building Director J:\Attomey\RESO\VlISPA Amend cc reso.doc i' '-, / c:/ ., I ...-: -.' UPPER OTAY RESERVOIR í1 EASTLAKE BUSINESS CEl\'TER II PROJECT LOCATION LOWER OTAY RESERVOIR C HULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT PROJECT DESCRIPTION: ø APPLICANT: CITY OF CHULA VISTA AMENDMENT PROJECT OTAY LAKES ROAD ADDRESS: Request Amendment to Eastlake III SPA Plan to incorporate the Water ConselVation Plan. SCALE: FILE NUMBER: NORTH No Scale PCM-02-14 - C:\DAIFILES\locators\PCM0214.cdr 04/12/02 /,;t - :?~ Exhi bit "A" RESOLUTION NO. 2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE OTAY RANCH VILLAGE SIX SECTIONAL PLANNING AREA (SPA) PLAN TO INCORPORATE SECTION 11.8 WATER CONSERVATION PLAN WHEREAS, the property which is the subject matter of this resolution is identified in Exhibit "A" attached and is commonly known as Otay Ranch Village Six; and, WHEREAS, on April 3, 2001, the City Council approved an agreement between the City of Chula Vista and Bahman Sheikh, Ph.D. P.E. for the preparation of reports and analyses of water conservation measures for three development projects; and WHEREAS, the property owners of the three development projects, including Otay Ranch Village Six Sectional Planning Area (SPA) Plan agreed to participate in a pilot study program to develop and implement new water conservation measures; and WHEREAS, when the Otay Ranch Village Six Sectional Planning Area (SPA) Plan was adopted there was no Water Conservation Plan included pending the results of the pilot study program; and WHEREAS, a report containing analyses of water conservation measures and the results of the pilot study program was prepared by Bahman Shiekh, Ph.D., P.E, entitled Water Use Efficiency: Strategies for Proposed Residential Developments, April 10, 2002, and a copy shall be kept on file with the City Clerk; and WHEREAS, the water conservation report and pilot study program provided necessary information for staff to use in developing guidelines for the preparation of future water conservation plans; and WHEREAS, a Water Conservation Plan has now been prepared for inclusion in the Otay Ranch Village Six Sectional Planning Area (SPA) Plan consistent with the outcomes of the water conservation pilot study program; and WHEREAS, an application (PCM 02-14) to amend the Otay Ranch Village Six Sectional Planning Area (SPA) Plan was filed by the City ofChula Vista Planning Division with the consent of the property owner; and WHEREAS, the City of Chula Vista Planning Division requests an amendment to the Otay Ranch Village Six Sectional Planning Area (SPA) Plan to incorporate the Village Six SPA Section 11.8 Water Conservation Plan dated April, 2002 ("Water Conservation Plan") into the Sectional Planning Area (SPA) document to fulfill the objectives of the pilot study program and the requirements oftheCity's Growth Management Program (hereinafter referred to as Project); and / ,,"'''' I r'" ~ ~ ~, WHEREAS, the Environmental Review Coordinator has reviewed the proposed Project for compliance with the California Environmental Quality Act and has determined that the proposed Project was adequately covered under the previously adopted Village Six SPA Plan EIR 98-01, thus no further environmental review is necessary; and, WHEREAS, the amendment to the Otay Ranch Village Six Sectional Planning Area (SPA) Plan conforms to the policies found in the Chula Vista General Plan and the Otay Ranch GDP/SRP; and WHEREAS, the Planning Commission set the time and place for a hearing on said Amendment to Otay Ranch Village Six Sectional Planning Area (SPA) Plan (PCM-02-14) and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners and tenants within 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and WHEREAS, the public hearing was held at the time and place as advertised, namely 6:00 p.m., May 8, 2002, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said public hearing was thereafter closed; and WHEREAS, by a vote of 5-0 the Planning Commission recommended that the City Council approve the amendment; and WHEREAS, a public hearing was scheduled before the City Council of the City of Chula Vista to consider an amendment to the Otay Ranch Village Six Sectional Planning Area (SPA) Plan. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby find, determine, resolve and order as follows: I. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing held on May 8, 2002, and the minutes and resolutions resulting there trom, are hereby incorporated into the record of this proceeding. These documents, along with any documents submitted to the decision makers, shall comprise the entire record of the proceedings for any California Environmental Quality Act (CEQA) claims. II. ACTION The City Council hereby accepts the Water Use Efficiency: Strategies for Proposed Residential Developments, April 10, 2002 report prepared for the City by Bahman Sheikh Ph.D., P.E. and directs staffto draft Water Conservation Plan Guidelines. / ~ì ? ...¡ (7 "'...... I III. COMPLIANCE WITH CEQA The City Council hereby finds that the Project, as described and analyzed in the Otay Ranch Village Six Final Environmental Impact Report (FEIR 98-01), would have no new effects that were not examined in said Final EIR. IV. CEQA FINDING REGARDING PROJECT WITHIN SCOPE OF PRIOR EIR The City Council hereby finds that: (1) there were no changes in the Project from FEIR 98-01 which would require revisions of said environmental report; (2) no substantial changes have occurred with respect to the circumstances under which the Project is undertaken since the previous environmental report; and (3) no new information of substantial importance to the Project has become available since the issuance and approval of the prior environmental report; and that, therefore, no new effects could occur or no new mitigation measures will be required in addition to those already in existence and made a condition for Project implementation. Therefore, the City Council approves the Project as an activity that is within the scope of the Project covered by the FEIR 98-01(Guideline 15168(c)(2». V. CONSISTENCY WITH THE GENERAL PLAN The City Council hereby finds that the proposed Proj ect is consistent with the General Plan based on the following findings: A. THE PROPOSED PROJECT IS IN CONFORMITY WITH THE CHULA VISTA GENERAL PLAN. The Project, which is intended to implement the requirements of the Growth Management Ordinance that requires a Water Conservation Plan be prepared for all major development projects (50 dwelling units or greater) as a part of the Sectional Planning Area (SPA) Plan is consistent with the Otay Ranch GDP/SRP and the Chula Vista General Plan in that goals and policies in both documents allow for such provision of Water Conservation Plans. B. THE PROPOSED PROJECT WILL NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY. The Project does not involve changes to planned land use or circulation patterns. The Project will enhance the environmental quality of the development through the implementation of water conservation measures /;}·35 VI. APPROVAL OF AMENDMENT TO THE OTAY RANCH VILLAGE SIX SECTIONAL PLANNING AREA (SPA) PLAN The City Council does hereby approve this amendment to the Otay Ranch Village Six Sectional Planning Area (SPA) Plan to incorporate the Water Conservation Plan into the Sectional Planning Area (SPA) document on file at the City Clerk's Office based upon the findings and determinations on the record for this Proj ect. VII. CONSEQUENCES OF FAILURE OF CONDITIONS Developer agrees to implement the indoor and outdoor water conservation measures outlined in the Water Conservation Plan. If any of the foregoing conditions fail to occur, or they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, revoke or further condition issuance of all future building permits issued under the authority of the approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. Presented by Approved as to form by JO~~1r~ City Attorney Robert Leiter Planning and Building Director J:\Attomey\RESO\V6 SPA Amend cc reso.doc /" - :;'''/;:'' ft~ ._~''+- dL In N .,.... . PROJECT LOCATION CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT PROJECT DESCRIPTION: C) APPLICANT CITY OF CHULA VISTA AMENDMENT PROJECT OLYMPIC PARKWAY ADDRESS: Request: Amendment to Olay Ranch Village 11 SPA Plan SCALE: FILE NUMBER: to incorporate the Water ConselVation Plan. NORTH No Scale PCM-02-14 - C:IDAI FI LESllocatorslpcm0214. cdr 04/12/02 /P...37 Exhibit "A" ~~~ ~ '-.- --- ------ - - --- ~- "",--- OlY OF CHUIA VISTA WATER USE EFFICIENCY: STRATEGIES FOR PROPOSED RESIDENTIAL DEVELOPMENTS Apri11O, 2002 prepared by Bahman Sheikh Water Resources and Recycling Specialist 3524 22nd Street San Francisco, California 94114-3406 bhmnsheikhríVaol.com Under Agreement Dated April3Td, 2001 .Mention of commercial products and services in this report is for illustrative purposes only, and does not imply endorsement. Nor does exclusion of any product or service imp(v criticism of that nrmiJll"t ",.. ...,.,...,;~~ ATTACHMENT 8 TABLE OF CONTENTS SECTION I INTRODUCTION AND BACKGROUND ........................................ I A. INTRODUCTION...... ........ ..... ........ ...... ... ....................... ...... ............ ........................... 1 B. PURPOSE OF STUDY ................................................................................................. I C. EXECUTIVE SUMMARY ............................................................................................. 2 SECTION II REGULATORY FRAMEWORK....................................................... 7 A. WATER CONSERVA TION REQUIREMENTS, MANDATES............................................ 7 Federal Energy Policy Act of 1992............................................................................. 7 u.s. Environmental Protection Agency ...................................................................... 7 u.s. EPA-DOE ENERGY STAR® Label.................................................................... 8 Consortium for Energy Efficiency .............................................................................. 8 California State Requirements ........................................................ ............................ 8 Summary of Federal and State Regulations.............................................................. 11 The California Constitution...................................................................................... 12 Recently Enacted State Legislation........................................................................... 12 Local Requirements .................................................................... .... ..... ........... .......... 12 SECTION III WATER CONSERVATION MEASURES....................................... 15 A. EXISTING WATER CONSERVATION PROVISIONS AND REQUIREMENTS ................... 15 B. ADDITIONAL WATER CONSERVATION EFFORTS..................................................... 15 1. Hot-Water Pipe Insulation................................................................................ 17 2. Hot-Water On-Demand Units ........................................................................... 17 3. Pressure Reducing Valves.................................................................................19 4. Dual-Flush Toilets .................................................... ........................................ 19 5. Waterless Urinals in Intensively Used Settings ................................................20 6. High-Efficiency Washing Machines.................................................................. 21 7. Water-Efficient Dishwashers ............................................................................ 22 8. Water-Efficient Landscaping ............................................................................ 23 9. Xeriscape........................................................................................................... 24 11. Soil Moisture Sensors ...................................................................................27 C. SU1VIMARY OF WATER SAVINGS AND OPTION COSTS ............................................. 28 D. POLICY ISSUES .......................................................................................................30 RegulatOl)' Issues................. ..................................................................................... 30 Program Implementation Issues ...............................................................................30 E. FINANCIAL ASSISTANCE ........................................................................................ 31 F. FEASIBILITY OF ADDITIONAL WATER CONSERVATION OPTIONS ........................... 31 Assumptions Used In Benefit/Cost Analysis of Alternative Water Conservation . Measures, Devices, and Appliances..........................................................................31 G. CONCLUSIONS AND RECOMMENDA TIONS............................................................... 34 Conclusions............................................................................................................... 34 Recommendations..................................................................................................... 34 A. DESCRIPTION .........................................................................................................37 Federal Law.............................................................................................................. 37 City of Chula Vista Water Use Efficiency Strategies __~___._,..'.._....m._._._._.'_______~·____·___·___··'·_·__..._.......__________.__.................. ........--....----- .. _' AI'!iI19, 2002 State Requirements.................................................................................................... 37 Local Requirements.................................................................................................. 38 B. TECHNICAL INFORMATION ..................................................................................... 39 C. WATER RECYCLING POLICIES................................................................................ 40 D. FINANCIAL ASSISTANCE FOR WATER RECYCLING ................................................. 41 Federal Assistance.................................................................................................... 41 State Assistance......................................................................................................... 41 Regional Assistance............;..................................................................................... 42 Local Assistance........................................................................................................ 42 E. COSTS AND SAVINGS, A FEASIBILITY ANALYSIS ...................................................42 F. ISSUES AND CONCERNS .........................................................................................43 Liability Issues of Recycled Water for Public Agencies and Developers ................. 44 G. CONCLUSIONS AND ..RECOMMENDATIONS............................................................ 44 Conclusions....................... .................... ...... .............................................................. 44 Recommendations..................................................................................................... 45 SECTION V GRAY WATER................................................................................... 47 A. DESCRIPTION............................................................................................. ............ 47 Federal Law.............................................................................................................. 47 State Requirements.................................................................................................... 47 Local Requirements.................................................................................................. 47 B. TECHNICAL INFORMATION ....................................................................................48 C. WATER SAVINGS AND COSTS................................................................................. 49 Other Benefits of Gray Water Systems...................................................................... 50 Gray Water System Costs..........................................................................................51 Feasibility of Gray Water Systems.......................:....................................................52 Gray Water Stub-Outs............................................................................................... 53 D. ISSUES AND CONCERNS..........................................................................................54 RegulatDlY Issues............... ....................................................................................... 54 Program Implementation Issues ...............................................................................56 E. CONCLUSIONS AND RECOMMENDATIONS ................................................................. 57 Conclusions.. ................ ... ........... ............................................................ ..... .............. 57 Recommendations..................................................................................................... 57 Bahman Sheikh 11 SECTION I INTRODUCTION AND BACKGROUND A. Introduction The City of Chu1a Vista is located at the southern end of the State of California. Over 90 percent of the region's water supply is imported. The City is located in San Diego County and is served water by two water districts: Otay Water District, providing retail water service to the eastern residents and the Sweetwater Authority, serving the western portions of the City. (A small number of customers (about 300) are served by a private water purveyor, California American Water Company.) These districts are rnembers of the San Diego County Water Authority, which purveys wholesale imported water, pur- chased from the Metropolitan Water District of Southern California. This report is prepared for the City of Chula Vista Planning and Building Department by Bahman Sheikh, Water Resources and Reuse Specialist. The objective of the study re- ported here is (a) to review existing federal, state, and local laws, regulations, and ordi- nances regarding water use efficiency, currently in effect; and (b) to evaluate additional devices and measures available to achieve still higher levels of water conservation. Water use efficiency includes water conservation and all forms of water recycling and reuse, including gray water. This report concentrates on those water use efficiency measures, which can be incorporated in any way in building construction of single-family and multi-family homes, their common areas, COmmon slopes, and any commercial or industrial areas included in the development proposal. Water conservation measures are discussed in this Section and in Section III. This section focuses on those rneasures, which have already been mandated by various laws, codes, and regulations. Section III is dedicated to additional strategies, measures, and devices, which can be supplemented in new residences to further increase water use efficiency, decrease waste, and reduce water demand. Water Recycling measures are discussed in Sections N and V. Section N concentrates on reclaimed water, and Section V on gray water. B. Purpose Of Study Chu1a Vista is located in an arid region. Imported water supplies are essentially the only source of water, and increasingly limited in availability. Future development will directly exert increased demand on a lirnited supply of water. That very development has a unique opportunity to incorporate feasible water efficiency measures, sorne of which are only feasible during the construction stage. Past drought episodes have taught an irnpor- tant lesson; it is prudent to build in as much water conserving features as possible-not only for continuous normal water conservation, but also for availing the opportunity to cut back on water demand even further during the inevitable future droughts. The City desires to take this opportunity to assist developers in their efforts to build water-efficient homes, using cost-effective and proven technologies, devices and appliances. The City ofChula Vista's Grow1h Management Ordinance requires that all major devel- opment projects (with 50 dwelling units or more) must prepare a "Water Conservation Cit¿' 0.r.~~la Vista ¥I'~t::_l!se E!ficiency Strate~!.:s______________ ..._._._.,._"--~------- ___--'~rill~,?ºº2 Plan" at the time of Sectional Planning Area (SPA) Plan review. At this time, there are no formal guidelines for the preparation of these Water Conservation Plans. Developers have typically prepared the required plans based primarily on State and Federal mandated water conservation measures, and reflect the requirements of the local water districts. The City Council has expressed a desire that additional water conservation measures, beyond existing mandates, be considered for inclusion in future Water Conservation Plans. In response to City Council direction, it is necessary to develop formal guidelines for the preparation of Water Conservation Plans. To accomplish this, an analysis of additional water conservation measures, beyond existing mandates, is essential. Therefore, a unique pilot approach is being applied for three rnaster-p1anned projects currently under review whereby the City can obtain the necessary information for future Water Conservation Plans, and potential amendments to the Grow1h Management Ordinance, without impacting the existing proj ect schedules. Currently, there are three Sec- tional-Planning-Area (SPA) Plans under preparation. These Plans are for the following devel- opments: · Eastlake III · Dtay Ranch Village 6 · Otay Ranch Village I I Developers of these projects are participating in a pilot study, evaluating the relative effective- ness and costs associated with the implementation of additional wa- ter conservation measures in their projects. C. Executive Summary The City's goal of seizing water conservation opportunities that might be available only-or most effectively-at the construction stage is logical and laudable. Three types of water use efficiency measures were evaluated in this study. They are: 1. Water Conservation Devices, Appliances, and Construction Strategies, discussed in detail in Section III, 2. Expanded Water Recycling, and Pilot Use of Recycled Water in Private Areas of Residential Landscaping, discussed in Section IV, and 3. Gray Water Systems, and Gray Water Stub-outs for Future Connection of Gray Water Systems, presented in Section V. Candidate water conservation construction strategies and devices, appliances and land- scaping features are evaluated for possible addition to the list of water conservation man- dates already in effect for building construction of housing units in the City of Chula Vista. The potential for their inclusion during construction, their water savings and costs, issu~s and concerns of public agencies and the developers, and the feasibility of inclusion of each option are analyzed. For each candidate option, specific recommendations are presented. Soil moisture probes can be purchased and installed at any time and are not necessarily precluded if not installed at the time the homes are built. The other options can be cost-effective and feasible, some under specific circumstances. Thus, they are possible remaining candidates for selection to meet the City's water conservation goals, recommended below. Bahman Sheikh 2 .S-:i!y.o!_S-:~ul~_Y!~ta W ater..l!s.~.!:!!!.ciencY_~tr~~~i~.s_____... -'..ÄprillQ,?QO? Expanded use ofrecycled water is evaluated and analyzed. One prominent option is to expand the existing use of recycled water into the common areas within the residential developments. Another option is expansion of recycled water service into the privately landscaped areas within the residential, single-family housing units. Recycled water benefits and costs are essentially equal, indicating that the benefits equal the costs. Rec- ommendations for their further evaluation and possible maximization in planned devel- opments are included. Gray water systems are evaluated, giving credit to the water savings, and the sewer re- duction benefits of fully operational systems. Given their current C.osts and the require- ments ofregulatory agencies, and the profound concerns of the local agencies, they do not appear to meet the feasibility .or the benefit/cost ratio tests. However, provision of stub-.outs for future c.onnecti.on .of gray water systems (especially in drought periods) is deemed to be a wise step during the c.onstructi.on phase. The benefit/cost ratio, and the v.o1ume .of water savings per unit, which may be accorn- plished with ad.option of each of the evaluated water use efficiency rneasures are sh.own-in summary-in Figure 1.1. Calculati.ons leading t.o this figure are presented in Secti.on III F, IV E, and V C. The significance of the benefit/cost ratio-shown in Figure I.1-is that it all.ows a side-by-side comparison of water use efficiency options tr.om a strictly econ.omic (albeit, long-term, life-cycle) p.oint of view. An opti.on with a benefit cost ratio greater than 1.0 would deliver more benefits during the lifetime .of that option than its cost of purchase, installation and .operation and maintenance during that same pe- ri.od. An opti.on with a benefit/cost ratio less than 1.0 would cost more that its benefits. This does not mean that the option should be rejected .out-.of-hand. Other benefits, con- venience, value to the home-buyer, and an abiding interest in water conservation may be motivations for inclusion of .options irrespective oftheir economic feasibility. Based on the analyses performed in this study, it is our conclusion that an average overall water conservation g.oal of trom 20,000 to 50,000 gallons per unit per year may be achievable, depending .on how aggressively the City wants to pursue this objective, and how much the developers are willing to spend t.o stretch a limited regi.ona1 water re- source. We W.ou1d encourage b.oth parties to aim high and try to reach the upper range of feasible water c.onservation with a c.omposite of building construction .options, appli- ances, landscaping recycled water, and gray water .options. The study presented in this report did n.ot distinguish between developments with varying mixes .of housing density and composition. All water savings figures are derived .on an average basis, over the sum of all types .of units within a given development. A further level of refinement would be to assess water savings potential, .opp.ortunities and capabili- ties of different types of residential development design separately. Bahman Sheikh 3 City ofºh~J_~Vista Water Us,,- Efficienc~~!,:ategi~_____________ .... ....".----.......-----.-----... _________':~pri~1º,_2()02 Figure I.l Summary of Benefit/Cost Ratio and Savings Volume Potentially Achieved by Each Ad- ditional Water Conservation Option Evaluated '_0 50,000 8_0 7_0 45,000 ~ 0> 2_0 · 40,000 ~ · · >- 35,000 ~ ~ · c 30,000 ,g · '" 25,000 ¡§ ¡:: Q. 20,000 :: o "' 15,000 ~ ;;: .. 10,000 ~ w ~ .. 5,000 ~ 6_0 o ¡:: 5.0 ~ .... "' 8 4.0 ¡:: ¡¡: w ffi 3.0 III 0_0 o . ~ ~g - . ~~ , c õ- :z: ~ c . E . o· Q¡ '2 -0> ~ Õ :z: · " ;: . ... · . · . :;:;:r: c ~ æ " -0 , ~ :ß '" > 4>1ii ~> . õ: . :;¡ -6 .... 'Ii , u; .. , o 1; c . . ~ '0 . "'~ w· ..;~ æ j' 1i E ~~ w· ~~ . -- ;:0 " æ . c ~ "g. U;J ~ ~~ . c ~~ . Q. ~ .~ x . -" ë E o u .... w · · Q. j! · ~ ~ ~ ~ " · · i5 ~ ~ · , ü1!! ~- E u c · . · c::~ ~ ,;; · · '" '" The more prorninent issues and concerns raised regarding increased water conservation efforts, expanded water recycling, and use of gray water in residential irrigation were evaluated, with a view toward their resolution.. These concerns are summarized below: · Initial cost of including additional water conservation measures, devices and ap- pliances is a major hurdle for developers. · Potential, home-owner intervention in the recycled water pipelines and possible cross-connection with the potable water system is a public health concern. · Liability issues surrounding use of recycled water (and gray water systems and stub-outs) are obstacles for developers who are liable for defects and problems in units sold for up to ten years. · Public health issues of gray water use, though addressed in the California Plurnb- ing Code provisions, are a source of concern for local water purveyors and public health officials. · Mindful monitoring and maintenance of gray water systems-even the "auto- matic" systems-is critical for their proper operation. These and other concerns are addressed and resolutions for each are suggested in the re- port. Bahman Sheikh 4 S:~ty()fS:~\1I~~ista Wate:.!:!~e EfficiencY~1!_~~~ies' ______ --~--_.__.,-,,- u __ _______~~rril102}002 ~ , '" -- Some ofthe most effective water conservation devices are those that can be implemented most readily at the time of original construction. There is only one real chance to install such simple, but highly effective devices as hot-water pipe insulation, pressure-reducing valves, point-of-use (tank-less) water heaters, and gray water stub-outs. The recommen- dations provided in the various sections of the report are summarized in the following paragraphs: . It is recommended that the City ofChula Vista establish a numerical water con- servation goal for each residential unit-averaged over all the multi- and single- family units. The goal would be achieved by selecting a bundle of water conser- vation devices, appliances, and building construction measures; and/or recycled water options; and/or gray water options trom the categories of menus given. Im- plementation of these bundles would be part of the Water Conservation Plans. This study does not recommend a specific goal, but a range of 20,000 to 50,000gpu/yr appears to be reasonable, feasible, and economical to achieve. · It is recommended that options, which can most effectively be provided during construction, and the opportunity for which would be lost after construction, be mandated for inclusion in all Water Conservation Plans. Such options include hot-water pipe insulation, and pressure reducing valves. These two devices are particularly cost effective and have low initial costs. · It is recommended that other possible-only-during-construction devices, such as dual-flush toilets, point-of-use hot-water units, and possibly gray water stub-outs be given extra credit because opportunity for their after-market deployment would be essentially nil. . It is recommended that the City of Chula Vista aggressively pursue the maximal expansion of use of recycled water for landscape irrigation in all areas outside of private single-family lots. This would include additional common areas, slopes, medians, and parkways. · It is recommended that a pilot project be initiated for investigation of full-scale feasibility of use of recycled water for irrigation of landscape within the private properties in residential units. This can be successfully achieved in close collabo- ration with Otay Water District, the Regional Water Quality Control Board, and the local public health authorities. · It is recommended that gray water stub-out be one of the options for new homes, with an equivalency credit (e. g., 4,000 gpu/yr) toward meeting the numerical wa- ter conservation goal. The lot size limit of 6,000 sq ft-for economic feasibility of gray water systems-should be relaxed for stub-outs, because the economic decision to activate an operational system should logically be left up to the horne- owner. In addition, it would be advisable to amend local building requirements for labeling of the stub-out location with additional statements, defining the horneowner's and contractor's permit responsibilities and liabilities. Bahman Sheikh 5 City ofS:~_ll~~'yista W a.~!__~~~_~ff!.~i~ncy~.trategi.e.s._________ ---~~-----"."._-"._- _ _____'AP':!!!Q,2002 . It is recommended that a pilot project be conducted to evaluate the full-scale wa- ter savings potential of gray water systems, with close inspections and monitoring of participating units. Participation in the City's gray water pilot project would be awarded with an appropriate credit toward meeting the water conservation goal. . It is recommended that the City ofChula Vista Landscape Manual be updated to include the finally adopted recommendations of this study, to incorporate the available water saving devices and technologies for landscape irrigation. Bahman Sheikh 6 City of C~,:l,,-y ista_.!Y~~~:Y~~Jòffici~n.cx§trate~ie_s_~_~_ .."" ......-..~--_._---- .. ... __>~E:ilI0,~Oº2 SECTION II REGULATORY FRAMEWORK A. Water Conservation Requirements, Mandates Federal Energy Policy Act of 1992 The federal water efficiency plumbing standards are included in the Energy Policy Ad, enacted in late 1992, and effective January 1, 1994. These standards were adopted over- whelmingly, with bipartisan support, in recognition of the many benefits of installing wa- ter conserving devices. Passage of the Act provided a uniform standard for manufactur- ers of water-using fixtures for sale in all 50 states, including ultra-low-flow-toilets (ULFTs), low-flow showerheads and faucets, aerators, washing machines, and other ap- pliances and fixtures. Showerheads must use no more than 2.5 gpm; faucets must use less than 2.5 gpm; gravity tank-type toilets, Flushometer tank, electro-mechanical hy- draulic toilets must use 1.6 gpf (blowout toilets 3.5 gpf); and urinals must use 1.0 gpf. Gravity tank-type white two-piece toilets labeled "Commercial Use Only" and Flushome- ter valve toilets (those used in commercial and institutional settings) rnust use 1.6 gpf maximum, effective January 1, 1997. Federal law specifically allows state laws with more stringent regulations to supercede federal regulations. U.S. Environmental Protection Agency The U.S. Environmental Protection Agency has published "Guidelines for Preparing Wa- ter Conservation Plans", primarily for use by water utilities. Included are 12 measures in three levels (basic, intermediate, and advanced), as follows: OJ Level 1 Measures-Basic · Urriversal metering · Water accounting and loss control · Costing and pricing · Information and education OJ Level 2 Measures-Intermediate · Water-use audits · Retrofits · Pressure management · Landscape efficiency OJ Level 3 Measures-Advanced · Replacements and promotions · Reuse and recycling · Water-use regulation · Integrated resource management I Public Law 102-486, Part 6, Subtitle C, Section 123, Federal Register, October 24,1992. Bahman Sheikh 7 Çlt)' of Ch~l~.Y.¡'¡~::"~!eI~~~~f~ci~nc)'?!Ta_~gies._______.. _:A]JIiIIO,2002 Even though these are "guidelines", and as such they are not direct mandates, they form the basis of much of the regulatory efforts at the state and local levels leading up to re- quirements for new home builders and other developers. U.S. EPA-DOE ENERGY STAR® label The U.S. Environmental Protection Agency, in partnership with the U. S. Energy Department, have established a testing and labeling program in which participating products, homes, and buildings are rated and assigned the distinctive ENERGY STAR® label. The program has been successful in bringing a large number of developers and manufacturers to participate in increasing energy and water use efficiency to the products they offer to the public. M_Ion'tAII_8InIng Consortium for Energy Efficiency The Consortium on Energy Efficiency (CEE) is a national, non-profit organization that promotes energy-efficient products and services2. CEE provides updated lists of appli- ances and their energy use characteristics. The San Diego County Water Authority uses CEE listings as a basis for eligibility for financial incentives through the SDCW A Voucher Program, described further in this report. California State Requirements State regulation of water use efficiency is based on the California Constitution, and in the Water Code. The Constitution provides the basis for efficient use of water. This is the foundation for the state's subsequent policies, and mandates regarding water conservation and reuse, upheld by the courts against numerous challenges. Government Code Section 65590 et. seq. (AB325, 1990) provides the legal basis for local require- ments for landscaping that is water conserving, including xeriscape, use of native, drought- tolerant plants, irrigation scheduling based on ac- tuaI evapotranspiration, use ofCIMIS3 data, and use of the most efficient irrigation systems. To implement this law, the State Department ofWa- ter Resources published a model water efficient landscape ordinance. The City of Chula Vista Landscape Manual is based on this model. "The right to water... is and shall be limited to such water as shall be reasonably required for the beneficial use to be served, and such right does not and shall not extend to the waste and unrea- sonable use... " --California State Constitution 2 httD://www.ceel.org/home.htmJ 3 California Irrigation Management Infonnation System (CIMIS) is a network of weather stations con- nected to central computers and available through the Internet, providing real-time data about actual daily evapotranspiration and irrigation requirement. One station in located in Chula Vista and its up-to-date in- fonnation can be accessed on the Internet, at < http://wwwdpla.water.ca.gov/cgi- bin! cimis/cimislhq/main.pl> Bahman Sheikh 8 ~i!\'.()t_ÇÈlI!~Yista W at~! U~~E.tficiency Strategies~______ ..mm...."._.__.,_____~____,__~_"___ __________ 'Ap!il](j,2QQ2 Urban Water Management Planning Act The Urban Water Management Planning Act was adopted by tl1e California Legislature in 1983 and amended serially through 1995. The law requires advance planning for water supplies to meet projected demands in the short term as well as in the long-term, with emphasis on water conservation, water recycling, emergency planning for drought restric- tions on water use, and other provisions. Water providers at all levels must prepare up- dated plans every five years for submittal to the State Department of Water Resources. The emphasis on water conservation is apparent throughout the Act, providing ample op- portunities for local jurisdictions to require inclusion of water conserving policies, de- vices, and systems in proposed development projects. Evaluation of demand manage- ment options in these plans must include both economic and non-economic factors, in- cluding environmental, social, health, customer impact, and technological advances. Best Management Practices Agencies providing retail and wholesale water to the City of Chu1a Vista (Otay Water District, Sweetwater Authority, San Diego County Water Authority, and the Metropolitan Water District of Southern California) are all signatories to the Memorandurn of Under- standing regarding Urban Water Conservation in California (MOU). The MOU was crafted in the early 1990s through a consensus process, with the participation of the stakeholders, including water suppliers, community members, and environmental activist organizations tTom throughout the state. The California Urban Water Conservation Council (CUWCC) is charged with implementing the MOU. A Best Management Practice C'BMP") means a policy, program, practice, rule, regulation or ordinance or the use of devices, equipment or facilities which meets either of the fol- lowing criteria: (a) An established and generally accepted practice among water suppliers that results in more efficient use or conservation of water; (b) A practice for which suffi- cient data are available rrom existing water conservation projects to indicate that signifi- cant conservation or conservation-related benefits can be achieved; that the practice is technically and economically reasonable and not environmentally or socially unaccept- able; and that the practice is not otherwise unreasonable for most water suppliers to carry out. The 14 BMPs currently in effect are listed below4: 1. Water Survey Programs for Single-Family and Multi-Family Residential Customers 2. Residential Plumbing Retrofit 3. System Water Audits, Leak Detection and Repair 4. Metering with Commodity Rates for All New and Retrofit of Existing Connections 5. Large Landscape Conservation Programs and Incentives 6. High-Efficiency Washing Machine Rebate Program 7. Public Information Programs 8. . School Education Programs 9. Conservation Programs for Commercial, Industrial, and Institutional (Cn) Accounts 10. Wholesale Agency Assistance Programs 11. Conservation Pricing 4 Updated status of the MOD and the implementatioo efforts are available from California Urban Water Conservation Council (CUWCC), or at its website: <http://www.cuwcc.org> Bahman Sheikh 9 Cirr.?LÇ~IlI~Y!st::.~~t~r U~__~~cie,::C}'~~!~¥~~S_______ ......~-----_._._.- _ 'April I 0, 2002 -------.-----.--- 12. Conservation Coordinator 13. Water Waste Prohibition 14. Residential ULFT Replacement Programs In addition to the above best-management practices, the following list of potential best management practices are additional optional means of achieving higher water use effi- cIencIes: I. Rate Structure and other Economic Incentives, Disincentives to Encourage Conservation. 2. Efficiency Standards for Water Using Appliances and Irrigation Devices 3. Replacement of Existing Water Using Appliances and Irrigation Devices. 4. Retrofit of Existing Car Washes. 5. Graywater Use 6. Distribution System Pressure Regulation. 7. Water Supplier Billing Records Broken Down by Customer Class 8. Swimming Pool and Spa Conservation including Covers to Reduce Evaporation 9. Restrictions or Prohibitions on Devices that use Evaporation to Cool Exterior Spaces. 10. Point of Use Water Heaters, Recirculating Hot Water Systems, Hot Water Pipe Insulation. II. Efficiency Standards for New Industrial and Commercial Processes. The water purveyors serving residents in Chula Vista are signatories to the Memorandum of Understanding and are implementing the BMPs according to the agreed schedule of implementation5. The City of Chula Vista strives to go beyond the basic BMPs and to implement as many potential BMPs as feasible. California Energy Commission In California, regulation of manufacture and installation of hot- water-related plumbing fittings is under the jurisdiction of the California Energy Commission. The efficiency requirements and regulations are incorporated in the California Code of Regulations Title 20, Chapter 2, Subchapter 4; Energy Conservation, Article 4: Appliance Efficiency Regulations, California. According to these regulations, effective March 20, 1999, the maximum flow rate of all new showerheads, lavatory faucets, sink faucets, and tub spout diverters manufactured, sold or offered for sale shall be certified not to exceed the values shown below: Showerheads Lavatory faucets Sink faucets Tub spout diverter (new) Tub spout diverter (after 15,000 cycles) 2.5 gpm 2.2 gpm 2.2 gpm 0.1 gpm 0.3 gpm After July 1, 1999, all builders of new residential and non-residential buildings are re- quired to install only the regulated plumbing shown above. 5 An implementation schedule was incorporated in the original MOD, to which the BMP signatories were to adhere. Deviations !Tom the original (9191) schedule were allowed under special circumstances. The time limits for the original schedules have long expired. Bahman Sheikh 10 City _()LÇÞ_lI!a Vista Wa!er Use ¡;:fficiencL~trategies .. """ ._--~------ ____~ April 1º,_~º02 Department of Housing and Community Development Water closets, associated Flushometer valves and urinals are under the jurisdiction of the Department of Housing and Community Development (HCD). Effective January 1, 1992, all new buildings, new additions to, or renovations of existing buildings con- structed in the state shall use water closets and associated F1ushometer valves, if any, which use no more than 1.6 gallons per flush. Effective January 1, 1994, all water closets sold or installed in this state shall use no more than an average of 1.6 gpf, and urinals which use no more than an average of 1.0 gpf. Summary of Federal and State Regulations A summary of state and federal regulations is presented in Table 11.1. Note that the more stringent California requirements supercede federal requirements wherever there is a dif- ference. Table ILL Plumbing Device Showerheads Summary of Mandated Federal and State Water Use Efficiency Regulations. California E f f e c t i v e D ate s Federal (Sale, Installation) State Federal (Manufacture) 2.75 gpm 12-22-78 2.50 gpm 3-20-92 1-1-94 Lavatory Faucets 2.75 gpm 12-22-78 2.2 gpm 3-20-92 1-1-94 Sink Faucets 2.75 gpm 12-22-78 2.2 gpm 3-20-92 1-1-94 Metering (self- 0.25 to 0.75 7-1-92 closing) Faucets in or 0.5 to 2.5 glcycle public restrooms 1-1-94 Tub Spout Diverter 0.1 (new) to 0.3 gpm 3-20-92 ..n Residential Water 3.5 gpf 1-1-80 new construction Closets 1.6 gpf 1-1-92 new construction 1.6 gpf 1-1-94 all installations 1-1-94 Flushometer 1.6 gpf 1-1-92 new construction Vlaves 1-1-94 all toilets 1-1-94 commercial 1-1-97 commercial Commercial Water 1.6 gpf 1-1-94 Closets 1-1-97 Urinals 1.0 gpf 1-1-92 new 1-1-94 all 2.5 gpm ____ 2.5 ~__ 2.5 8.2m _____ 0.25 glcycle max_ 1.6 gpf 3.5 gpf 1.6_8.2[______ 1.6 8.2L______ 1-1-94 1.0 gpf Source: Mary Ann Dickinson, California Water Conservatioo Council, from a compilation by Deborah Braver, now with Yolo Water District. Bahrnan Sheikh 11 City o.fS:hll~~ Vista Water Use Efficiency Strategies ----_._-"""-""" 'April 10, 20_º~ The California Constitution The California Constitution has a strong and fundamental water conservation plank, em- bodied in the "reasonable use" doctrine in Article X, § 2, enacted in 1928. This doctrine is the basis upon which the state legislature and the courts have defined and reaffirmed numerous instances of "waste and unreasonable use of water". The doctrine imposes the dual test of reasonable use and beneficial use on the exercise of all water rights in Cali- fornia. Since the 1930s, and continuing through the present, California courts have al- lowed public entities and public interest groups to use the reasonable use mandate of the California Constitution to force water rights holders to modify their uses in order to ac- commodate competing interests for water6. Recently Enacted State Legislation Because of the uncertainty of future water resources in the State, and because of the nor- mal pressures development exerts on available supplies, legislation was introduced to en- sure prior commitment of availability of water supplies before new developments can be allowed to proceed. Senate Bi1l221 (Sheila Kuehl) was approved by the California Leg- islature and chaptered into law on October 9, 2001. It requires every development with 500 or more residential urrits to identify a source of water for the new demands created by the homes to be constructed? Senate Bill 610 (Jim Costa), enacted on the same day, rein- forces the Kuehl bill requirernents in the early stages of land use planning process. The impact of these bills on the City of Chu1a Vista is that they will give the City additional rationale and incentive for reducing urrit water demand through conservation, thus ena- bling additional development units in the City given a fixed supply of water in the region. Local Requirements Otay Water District on the east, and Sweetwater Authority on the western portions of the City are the retailers of water to nearly all of the residents of the City of Chula Vista. The majority of the new development is expected to occur in the eastern portion of the City, where OWD serves water. Both OWD and Sweetwater Authority are signatories to the Memorandum of Understanding regarding Urban Water Conservation. The MOU and its provisions are discussed above under Best Management Practices. Otay Water District OWD has adopted the following "Declaration of Policy": "California Water Code Section 375 et seq. permits public entities which supply water at retail to adopt and enforce a water conservation program to reduce the quantity of water used by the people 6 The information in this paragraph is paraphrased from MacLaggan, Peter, "Water Reclamation: A Sum- mary of California Laws and Regulatioos", Argent & Schuster Publishing, 1994. 7 Acoording to the analysis by the Legislative Council. "This bill would prohibit approval of a teotative map, or a parcel map for which a tentative map was not required, or a development agreement for a subdi- vision of property of more than 500 dwelling units, except as specified, including the design of the subdivi- sion or the type of improvement, unless the legislative body of a city or county or the designated advisory agency provides written verification from the applicable public water system that a sufficieot water supply is available or, in addition, a specified finding is made by the local agency that sufficient water supplies are, or will be, available prior to completion of the project." Source: htto:llinfo.sen.ca.gov/Dublbill/sen/sb 0201-0250/sb 221 bill 20010831 amended asm.httnl Bahman Sheikh 12 CitLoLç:_~ll}~Vi~~ W ater 'yse_~ff~ie'!5'Y_§!J:ategi7~_____ .._._......_.______~E~~1_º,2002 therein for the purpose of conserving the water supplies of such public entity. The Board of Direc- tors hereby establishes a comprehensive water conservation program pursuant to California Water Code Sections 375 et seq., based upon the need to conserve water supplies and to avoid or mini- mize the effects of any future shortage." The District Water Conservation program includes prohibitions against waste and un- reasonable use of water (see sidebar on next page), with penalties for violations, par- ticularly during various stages of declared water shortage. OWD has a series of drought- emergency cutback provisions, which will become effective at various stages of declared drought emergencies. Prudent planning for the future would include an accounting of water demand under those conditions, and use of the most efficient water-using devices, construction methods, and installed appliances. The OWD participates in the SDCWA High-Efficiency Clothes Washer (HEW) Voucher Program. This program provides a point-of-purchase discount in the form of a voucher worth $125 off the purchase price of a new qualifying HEW. OWD's 2000 Urban Water Management Plan indicates that the R.W.Chapman Water Reclamation Facility's capacity will not be expanded in the future. However, negotia- tions are ongoing to obtain recycled water rrom the City of San Diego South Bay Treat- ment Plant to serve future developments. This topic is discussed in more detail in Section IVF. Sweetwater Authority Sweetwater Authority provides water service to approximately 175,000 people in Na- tional City, Bonita and the western and central portions of Chu1a Vista. It is also a signa- tory to the Water Conservation Best Management Practices MOU, and has a strong commitment to efficient use of water within its service area8. The Sweetwater Authority also participates in the SDCWA High-Efficiency Clothes Washer (HEW) Voucher Pro- gram. This program provides a point-of-purchase discount in the form of a voucher worth $125 off the purchase price of a new qualifying HEW. City of Chula Vista Water Conservation Requirements The City of Chula Vista is in a position to permit new development proj ects within its jurisdictions, in accordance to existing legal rrameworks, including requirements for spe- cific water conservation features. The City Council has adopted a Grow1h Management Ordinance, incorporated in the Municipal Code Chapter 19.09. The Code specifically requires developers to comply with one of these three options: ·1. An approved Water Conservation Plan accompanying an application for an SPA Plan, or, if an SPA Plan is not required, a Tentative Map. 2. A Water Conservation Plan, which includes the project. 8 See < http://www.sweetwater.org/> Bahrnan Sheikh 13 Citt-,,-~ç:~~1a Vista Water Use E~ciency Strateg~e~___~ "_,,,_,n"__"n__....__."_ 'AprilJ.~2~02 3. An applicant-initiated Water Conservation Plan, in such form and containing such information including maps, drawings, etc., as the City Planning Director shall reqUire. The City ofChula Vista's Growth Management Ordinance requires that all major devel- opment projects (50 dwelling unite or greater) must prepare a "Water Conservation Plan" at the tirne of Sectional Planning Area (SPA) Plan review. The City has always desired to exceed the minimum mandated water use efficiency requirements. At this time, there are no formal guidelines for the preparation of these Water Conservation Plans. Devel- opers have typically prepared the required plans based prirnarily on State and Federal mandated water conservation measures, and reflect the requirements of the local water districts. This report is to provide the basis for establishing content, standards, and re- quirements for Water Conservation Plans, which may lead to revisions to the Growth Management Ordinance. Bahman Sheikh 14 City ~~ Chula Vista Water Use Efficiency Strategies _______________ ·Apr!~IQ,_?90? SECTION III WATER CONSERVATION MEASURES A. Existing Water Conservation Provisions and Requirements Currently, a number of water conservation measures are required (rnandated) to be in- cluded in new housing by existing laws, codes, and regulations. These devices are dis- cussed in Section II above, and summarized below: · Low-Flow Showerheads · Low-Flow Lavatory Faucets · Aerated, Low-Flow Sink Faucets · Metering (self-closing) Faucets in public restrooms · Tub Spout Diverter · Ultra-Low Flow Toilets (Residential Water Closets) · Flushometer Valves · Commercial ULFTs (Commercial Water Closets) · Low-Flush Urinals New housing developments are required now to be equipped with devices that meet water conservation standards set in regulations. Since these fixtures and devices are already legally mandated, they are not discussed further in this report. Compliance with the legal requirement for their installation should be vigorously enforced. They should be a re- quired part of the Water Conservation Plans. B. Additional Water Conservation Efforts In addition to the required devices, discussed in Section II, above, a number of additional water use efficiency measures are studied for possible inclusion in future Water Conser- vation Plans. These fall into three main components: 1. Water Conservation Devices, Appliances, and Construction Strategies, discussed in further detail in this Section, 2. Expanded Water Recycling, and Pilot Use of Recycled Water in Private Areas of Residential Landscaping, discussed in Section N, and 3. Gray Water Systems, and Gray Water Stub-outs for Future Connection of Gray Water Systems, presented in Section V. Water saving devices, appliances, and construction strategies are discussed below. The eleven options evaluated in this section fall into the following three categories: BUILDING CONSTRUCTION: 1. Hot-Water Pipe Insulation 2. Hot-Water On-Demand Units 3. Pressure-Reducing Valves 4. Dual-Flush Toilets 5. Waterless Urinals Bahman Sheikh 15 City ~~S::~\l~~Vista Water Use Effici:!1~Y Strate~.:~___________ APPLIANCES: LANDSCAPE AND IRRIGATION: 'April}º,2002 6. High-Efficiency Washing Machines 7. Water-Efficient Dish Washers 8. Water-Efficient Landscapes 9. Xeriscape 10. ET Controllers 11. Soil Moisture Sensors The potential for each device, appliance or measure to be feasible and to be included in water conservation plans of specific planning areas is explored. It is a rational approach to view these devices, systems, and policies from the perspective of cost, water savings capability, cost-effectiveness, and other benefits-including waste dis- charge reduction, environmental bene- fits and energy conservation. Energy conservation---of utmost importance in California under the current generating capacity shortage-is automatically achieved with any and all water con- seIVation measures. The correlation between water savings and energy sav- ings9 derives tTom the following: Nearly all water consumed in Chu1a Vista is imported rrom Northern California and rrom the Colorado River. Pumping is necessary at several stages to transfer the water rrom its origins to the home tap, involving expenditure of electrical power. . Early in the study, elimination of garbage grinders (often called "garbage disposals' ') was considered, for possible inclusion in the evaluation of alternative options. These de- vices are almost universally installed in kitchen sinks for introducing wet garbage, along with a stream of water, into the sewer system. However, this option was not con- sideredJurther, because it is evidently viewed as a "necessity" by potential home buyers. That is the reason for their near uni- versal inclusion in new homes. Voluntary exclusion of such devices may be considered for credit in a water conservation plan. · Water treatment plants, including filtration and disinfection, use electrical power at numerous steps. Chemicals used in the treatment plants are produced with sig- nificant input of energy. · Hot water at the residences is produced either with electricity or gas. Either way, energy consumption is involved and any savings of water automatically leads to savings of power at the homeowner's meter. . Wasted water must undergo treatment at the wastewater treatment plant, involv- ing expenditure of energy. Any savings of water would save on this portion of electrical energy as well. 9 According to the California Energy Commission, a total of $500,000,000 is spent annually for power by water and wastewater utilities in California. See < htto:1138.144.192.166/Drocess/water/water index.htm!>. Bahman Sheikh 16 Ci1}''!fChul~ Vista ~at.<'r Use.!:mci~ncy S!I'_ate_!t~~~ 1. Hot-Water Pipe Insulation ____ 'A!,~ill()'..20º2 ---------""_. Description Insulation of hot-water pipes, and separation of hot- from cold-water piping to avoid heat exchange, can be accomplished during initial construction-with a minirnum of addi- tional cost. Insulation of hot water pipes reduces the time needed to run the shower or sink faucet for the hot water to arrive, thus conserving water-and energy. Savings and Costs It is estimated that the cost of insulating hot water pipes in a home, at the construction stage, would be a maximum of $50, resulting in annual water savings of 2,400 gallons. Feasibility of installation of insulation during construction is extremely high, and the op- portunity for doing so is almost entirely lost after completion of the construction phase. Issues and Concerns There are no challenges to the use of this strategy. The energy saving feature of this measure is even more compelling than its water saving attribute. Some builders include this feature in their construction specifications automatically. Recommendations As shown in Section III-F, below, the feasibility of this rneasure is very high, its initial cost is low, and there are no regulatory hurdles or liability concerns surrounding this measure. Therefore, it is recommended that this measure be a mandatory part of all Wa- ter Conservation Plans in future SPAs. 2. Hot-Water On-Demand Units Description There are two types of hot-water on-demand devices available on the rnarket. One type (Pump-Back Device) involves a combination of a valve and a pump. When activated, the cold water residing in the pipe between the water heater storage tank and the fixture is forced into the cold-water pipes until hot water arrives at the fixture. Only then, the valve is activated automatically, and water is allowed to flow out of the fixture for immediate use. The system can be activated with buttons or with a remote control unit. The other type of on-demand hot-water unit (Point-or-Use, or Tank-less®lO, Water Heater) involves the installation of small wa- ter heaters (usually electrical, but also gas- ID Picture copied from htto://www.hotwaterheater.com/?source=2oto. Bahman Sheikh 17 City ofC;:~~la Vista Wat~F_IJ~!:_~fficienc¿',~trate~~~_____________ .....-----...--...............-. 'Ap~Uº,2'O02 operated) located very cJose to the point of use, such as in the bathrooms, in the kitchen, and in the laundry area. These heaters can also be centralized for the smaller housing units. Savings and Costs The trequency of use of the fixture determines how much savings can be accomplished with hot-water demand systems. A fixture in near constant use does not need such a de- vice, because there is no time for the hot pipes to cool down. On the other hand, in a residential unit where hot water is only sporadically used, there is ample opportunity for the pipes to cool down between uses, making these devices more useful. Estimated water savings trom pump-back hot water demand units are 5,300 gallons per year per residential unit. Estimated cost of installation of these units is $500, with a life- span of 15 years. Operational cost of pump-back units involves expenditure of some electrical energy. The point-of-use water heaters 11, on the other hand, save a consider- able amount of energy, because water need not be maintained hot during long-periods of zero-demand. Water is heated only when and precisely as rnuch as needed, and, to the exact temperature necessary. Water savings are estimated to be identical to those of the pump-back unit. The cost of point-of use water heaters is estimated at $700 per unit, in- stalled. This cost is approximately the same whether one large household unit is installed or three smaller ones at each point of use. Energy savings are claimed widely to be around 50 percent at a residence completely served with point-of-use (or tank-less) water heaters. Issues and Concerns Feasibility of the pump-back devices is challenged by the fact that power is needed to activate the pump. There is some public health concern about the stagnation of warm wa- ter in the cold-water lines for some period of time after pump-back, possibly resulting in the growth of bacteria and formation of slime in the pipes. The issue with point-of-use (tank-less) water heaters is the possible nuisance of one more appliance being located in bathrooms, kitchen and the laundry area. In a smaller house, this would not be an issue if one larger water heater unit is installed at the conventiona11ocation of the standard (stor- age tank) water heater. Recommendation As noted later in this section, the benefit/cost ratio of the pump-back devices is only 0.3, indicating that they are not economically attractive. Add the energy consurnption disad- vantage ofthe pump-back units, and it is cJear these devices are not recommendable. However, the tank-less (point-of-use) water heaters save energy and have a much better benefit/cost ratio, of 4.8. They would be the preferred options for installation in new homes. ! J The State of Oregon allows tax credits, as high as $340 per unit, to residents installing point-of-use water heaters for their energy saving properties. Bahman Sheikh 18 City ofC}1u.Ia_Yist~_~_ateE.!:1_~~_~f!1.Cl~~~Y-_?!f~t~~i_~s_____ 3. Pressure Reducing Valves ------ _ _ ________ ________-'-~Eil.I.0,~Oº~ Description Normally, water pressure in residential water services is from 45 to over 80 psi. A pres- sure reducing valve can maintain the pressure on the residential units below 60 psi, which is optimal, reduces the volume of any leakage that may be present, and prevents exces- sive flow of water from all appliances and fixtures. Savings and Costs The amount of savings from pressure reduction can be as high as 3 gpcd. Assuming an average of 1.5 gpcd, the annual savings from each residential unit would be 1,800 gal- lons. The cost of pressure reducing valves is relatively minimal (under $30 per unit) and installation is expected to be routine on all units. Issues and Concerns Feasibility of implementation of pressure-reducing valves is high, installation costs are low, and the savings are persistent-indeed permanent. No issues or concerns are known. Recommendation It is recommended that pressure-reducing valves be made mandatory in all Water Con- servation Plans, whether or not they are already mandated by plumbing code, water dis- trict, or other regulation. 4. Dual-Flush Toilets D .. 12 escnptlOn Dual flush toilets provide the option to the user to flush with partial (0.8-gal10n) flow ofwa- ter or with a full (1.6-gallon) flow, depending on need. Savings and Costs It is estimated that about one-third of the flushes will require full-flow and the remaining two-third will only require a half- flow flush. Based on this assumption, and using the 1.6-gallon ULFT as the standard, dual-flush toilets can save a total of 4,000 gallons per year. The cost of dual-flush toilets is not higher than comparable models of single-flush toilets, about $200. The cost of dual-flush adapters (to convert a standard single-flush toilet) is $8 to $20 per toiletI3. 12 Photograph and drawing copied fTom: httD:l/www.whome.com/dualfJushlconservl. Bahman Sheikh 19 City 0f_º-hll~aV~t~ Water U~~_~f~cie~2'_~tra~~~~_____________ ,_._._.......____..._..............__m...".._ __~~jJfil1g,}002 Issues and Concerns In residential installations, confusion may ensue when these devices are first encountered, especially by children and the older people. A short learning period is necessary before the right buttons are consistently used. In public toilets, it may be necessary to install in- structions for proper use. The need for behavior modification, on the part of the users, may render the actual savings somewhat less certain. While dual-flush toilets are even more water conserving than the now-standard ULFTs, their relative newness in California is a significant challenge. Some developers might balk at installing a device, which may be deemed unfamiliar to potential home buyers. In the hands of a marketing specialist, however, this feature may be made into a highly visible symbol of a water efficient "green" home, a distinct advantage that would be highly attractive to the environmentally oriented general public. Recommendation It is recommended that installation of dual flush toilets be strongly encouraged in all set- tings (single-family, multi-family, and public toilets). As shown further in this section, these devices are highly cost-effective, inexpensive to install, and bring about significant water savings per unit. Their inclusion in Water Conservation Plan bundles should be prioritized, especially since the opportunity for retrofit will be significantly more costly and less probable. 5. Waterless Urinals in Intensively Used Settings D .. 14 escnptJOn The waterless urinal operates with a specially formulated biodegrad- able separation oil in the U-tube trap, that stays on top and keeps the urine flushed automatically and passively, as it is introduced into the urinal. Waterless urinals have been found successful in savin significant volumes of water in highly util- An evaluation of 20 No-Flush urinals in- ized public places, where fiequent mainte- stalled since 1993 in various schools in nance is available on-site. the San Diego Unified School District found annual water savings of 45,000 gallons per urinal, yearly cost savings of $122 per fixture in parts and labor for repairs, and $144 per fixture in reduced water costs. Savings and Costs Currently, available waterless urinal models are offered by a United Kingdom enterprise called "Waterless U.K.", claiming the fol- lowing in their websitel5: "These use no water whatsoever! You will save approxi- mately 200 cubic meters [50,000 gallons] of -Source: Vickers, Amy, "Water Use and Con- servation", Waterplow Press, 2001. 13 Dual-flush adapter cost data were obtained trom Vickers, Amy, "Water Use and Conservation", Water- plow Press, 2001. I' Picture copied trom: http://waterless.com/. I' http://www.brookwater.co.uklindex.htnù/page8.html Bahman Sheikh 20 ~Jtt()fc:~~!~ Vista Wa!~!!:1:~~_F:f~ciency_Str~~Jes______ ...n_.........._..._________._....__.......... __ 'AE:Q}O,~002 water per year per urinal! No need to install flushing mechanisms, cutting installation costs. No smell, due to the unique, patented design. The pore free surface and the lack of water mean that the level of bacteria is lower than flushing urinals." The advertised cost of a waterless urinal is the equivalent of about $450. Issues and Concerns Feasibility of implementation of waterless urinals in the residential developments in Chu1a Vista is limited by two main considerations. First, there are not expected to be many locations where high-frequency use of urinals is the norm. Second, the newness of these devices works against their adoption by the more conservative developers. Recommendation It is recommended that installation of waterless urinals in public toilets be initiated, at least on a pilot basis-<:omp1ete with special training for the maintenance staff. 6. High-Efficiency Washing Machines Description High-efficiency clothes washers, requiring a fraction of the water used by conventional washing machines, are availab]e on the market, achieving significant reductions in water demand per cycle. Recently, some top-]oading models with similarly low water require- ments have also been introduced. An up-to-date list of ENERGY STAR"-qualified high- efficiency clothes washers can be found at: http://www.energystar.gov/products/ clotheswashers/. The website of the Consortium on Energy Efficiency (CEE) is http://www.ceel.orglhorne.htrnl Savings and Costs The cost of acquisition (Capital cost) of these machines is usually higher than the cost of top-loading machines commonly in use. However, the cost of operation of the more efficient machines is significantly less, resulting in their life-cycle cost being considerably lower than that of conventional washing machines. The important reason for the lower operationa] cost is that these rnachines not only save about 40 percent on water use, they also save on energy use-a crucial consideration in today's circumstances of energy-deficiency and higher electrical costs. Arguably the most cost-effective and high-volume indoor water saving device, a front- loading washing machine, in a typical home, can conserve as much as 7,000 gallons (0.02 acre-f!) of water per year at an annualized cost differential of$4016. Retail cost of high- efficiency washing machines (HEW) ranges from $600 to over 51,000. Compared with 16 This calculation is based on a water use rate of 21 gallons per load compared to 40 for the cooventional washing machine, and one load of wash per day. The annual cost differential is calculated from the current average cost of about $790 for a water conserving washing machine compared with about $420 for the ma- chines commonly offered for sale. The capital cost is annualized using a discount rate of 6 percent over the 14-year machine life. Bahman Sheikh 21 Cit¿'_~Ç~~~~Yista W ater_!L~£fficiency ~trategies ____"""_..m._.______n__n_... .._____'Ap_ril !.Q,}OO} the $300-$700 cost of non-conserving washing machines, there is a $300 differential, which is significant to the homebuyer. However, the water and energy savings associated with the HEW machines erase this difference in several years of use, depending on how trequently the machines are used. The most conservative estimate of the dollar value of energy and water savings of the clothes washing machine to the homeowner is estimated to be about $675 over the lifetime ofthe average machinel7. The high-end machines save even more. A payback period of two to four years is estimated by some water conserva- tion specialistsl8 Obviously, the overall savings are greater than the cost differential be- tween high-efficiency and conventional machines, about $300. Unfortunately, many buyers-especially those in the lower economic brackets-cannot afford or will not pay the uprront higher costs of these machines. That is why inclusion of such machines in new developments, as a matter of societal policy, may be politically supported and justi- fied with the combined benefits of water savings and lower energy requirements. Issues and Concerns The likelihood that a developer would install these water- and energy-conserving appli- ances as value-added amenities, for which they would increase the cost of the new home, is uncertain at this time. New homebuyers may be enticed with the prospect of lower utility (both water and electricity) bills over the long term. On the other hand, some may opt to buy in another subdivision without such amenities and at a correspondingly lower cost of the new home. Main hurdles to the adoption of these devices is the cost differen- tial with conventional washing machines. Most new housing is not typically equipped with clothes washing machines of any type. Thus, installation of HEW would be an even greater hurdle for the developer to overcome, than in the case of dishwashers-unless an external mandate, rebate, or loan can be brought to bear. Recommendations Because of their high potential to conserve both water and energy, the City of Chula Vista might consider sharing the cost of pre-installation of energy and water-efficient ap- pliances with the developers and/or the homebuyers through a special rebate or low- interest loan arrangement, over and above rebates available from the water wholesaler and retailers in the area. Such rebates may be bundled together for ease of administra- tion. In multi-family developments, where home-owners are less likely to own washing machines, and communal coin-operated washing machines-with a relatively high daily utilization rate----are employed, use of HEW should be mandated. 7. Water-Efficient Dishwashers Description Some recent dishwasher models use water level sensors instead of timed fillers to meter water use, avoiding the variations caused by water pressure fluctuations. These and other 17 According to Jura Konicus, "A New Spin on Doing Your Laundry-Tougher Rules Would Mean Cost- lier but Energy-Saving Washers", in Washington Post, April 12, 2001. This estimate uses current, blended costs of water and electric power, not the marginal cost of the next source of water and the higher antici- pated future cost of electricity. 18 Vickers, Amy, "Water Use and Conservation", Waterplow Press, 2001. Bahman Sheikh 22 City_o_~ºÈ:\l!a_Vista Water Use E~~ciencL~!!~~~!:~ ."._-~--_._._._.-,._...-._._-~~---_.- , April_!~2º~ features provide for water savings that can be quite significant. Dishwashers available on the market qualifying for the ENERGY STAR" label are listed with their water use character- istics at < http://www.energvstar.gov/products/dishwashers/>. Savings and Costs Conservatively, a water-saving dishwasher can result in 2 gallons per cycle of water sav- ings. Assuming 0.9 cycles per day per residential unit, this results in an annual water saving of approximately 650 gallons per year per single-family residence. The cost of water saving dishwashers is about equal to that of conventional dishwashers. Dishwash- ers with water use averages of 6.0 to 7.0 gallons per load retail for $300 to $700 and are cost-competitive with less water-efficient rnodels. A few exceptions are some ultra- water-efficient models using 4.5 to 5.5 gpl, costing up to $1,40019 Issues and Concerns There are no issues or concerns surrounding water-efficient dishwashers. It is expected that over the next several years, all new dishwashers on the market will have the features of water-saving models. In the meantime, cost is not a challenge in choosing to install the higher efficiency rnodels in a development already planned to feature these appli- ances. Recommendations A developer installing dishwashers in new homes should be required to specify the high- est water conserving model, because of the high ratio of water savings benefits to cost. 8. Water-Efficient Landscaping Description The City ofChula Vista has published a Landscape Manua¡2°, providing detailed guid- ance to developers for incorporation of water-efficient landscapes in their plans, and for meeting the requirements of the City's legal provisions. Both Otay Water District and the Sweetwater authority have adopted water conservation policies that encourage customers to use drip irrigation whenever possible and prudent, and to restrict sprinkler irrigation operation to the hours of 4:00 p.m. to 9:00 a.m. the fol- lowing morning. Low-water using landscapes are achievable with no additional invest- ment on the part of the developer or the home-owner. Savings and Costs Choice of plant materials, irrigation system, controllers, and operation and maintenance are keys to achieving significant water savings reaching up to 50 percent. Obviously, the 19 Dishwasher cost data were obtained from Vickers, Amy, "Water Use and Conservation", Wate:rplow Press, 2001. 20 City of Chula Vista Planning Department, Landscape Manual, November 1994, approved by Resolution No. 17735 of the Chula Vista City Couocil, and incorporated within Titles 17 and 19 of the Chula Vista Municipal Code. Bahman Sheikh 23 Çity of Chul~ Vista Wat~! Use Efficiency Strategies -----------~~- , Aprg}_º-,-~002 larger the landscape area in a single-family residence, the larger would be the savings trom adoption ofa water-efficient landscape. For a 2,100 sq ft landscaped areas, the sav- ings are estimated at 12,000 gallons per year. The cost of accomplishing these savings is negligible, and may actually be a benefit (lower cost than water-inefficient landscapes) in the long-term. Unquantifiab1e costs include: · "Resistance to changing outdoor water use habits, despite long-term benefits. · Increased time and care for maintenance during transition trom a conventional to water-efficient landscape. · Difficulty in accepting the look of low-water use and native plants compared with water-intensive turf and exotic imported plants. · Potential reduction in business among conventional green industry product and service providers who do not offer water-wise and natural landscaping services. · Potential short-term water utility revenue instability and more frequent rate ad- justments during the years when outdoor demand drops as a result of conserva- tion.,,21 Therefore, for the purposes of this report the cost of water efficient landscaping is taken as zero (0). Issues and Concerns Feasibility of implementing water conserving landscapes is very high. These types of landscapes are now common, some featuring highly creative and attractive designs. The landscape guide of the City ofChu1a Vista is an excellent tool for achieving the potential water savings of this strategy. To our knowledge, no issues or concerns on the part of developers have been voiced to date. Recommendations It is recommended that the City of Chula Vista continue enforcing the provisions of the current Landscape Manual by making them conditions of approval for new develop- ments. 9. Xeriscape22 Description Xeriscaping is a combination oflow-water demand plants, reduced or eliminated area of turf, efficient irrigation method, use of mulch, and mindful operation and maintenance. Xeriscape™ involves seven principles: planning and design, soil analysis and improvement, practical turf areas, appropriate '1 Unquantified cost items are directly quoted from Vickers, Amy, "Water Use and Conservation", Water- plow Press, Amherst, MA, 200 I. 22 Picture copied from: htto://ag:gie-horticulture.tamu.eduJextension/xeriscaue/xeriscaDe.html. Bahman Sheikh 24 ~ity of Ç_~ll_laVista Wa!':~_IJ~e~ff1ciencL~trate¥!_~s_________________________ 'April 1 O,_~Q02 plant selection, efficient irrigation, mulching, and appropriate maintenance23. The City of Chula Vista Landscape Manual incorporates and emphasizes the principles ofxeriscape landscaping. Savings and Costs A typical home in Chula Vista converting from conventional landscape to xeriscape may achieve 30 percent24 reduction in irrigation demand, or about 16,000 gallons on a typical lot. New homes could be landscaped using xeriscaping principles at a cost not exceeding that of a conventional landscape. Issues and Concerns While there is no guarantee that the home-owner will not eventually convert the xeris- caped area to conventional landscaping, the number of conversions could be minirnized with public education campaigns and aesthetic design concepts, increasing the attractive- ness of the initial landscaping. Feasibility of installation ofxeriscape in new homes is high, based on field observations and ready availability of the needed landscape materi- als. A monitoring program may be necessary to track the rate of retention of these sys- tems in new developments. It is assumed that the developers and homebuyers would em- brace xeriscaping in Chula Vista, with the knowledge of its contribution to the region's water supply security and reliability, lack of additional cost, low maintenance costs, and attractive appearance, in harmony with the natural environment of the locale. Recommendations It is recommended that developers be given the choice between xeriscape and the water saving conventional landscape, on an alternating or mixed use basis. The City of Chu1a Vista should consider the possibility of establishing a demonstration xeriscape garden in a prominent location within the landscaped areas of the City Hall to attract residents' and visiting developers' attention to some attractive possibilities of water conservation. 10. Evapotranspiration (ET) Controllers Description25 Automated, centralized irrigation scheduling is relatively new, with rapidly developing hardware and software, especially designed for larger landscapes, but also applicable to individual residences. It is most effective in reducing water demand of landscapes de- signed to operate with tirned, fixed irrigation scheduling. Local evapotranspiration data from the nearest CIMIS26 station in Chu1a Vista would be continuous1y accessed to up- date and revise irrigation schedules for customers. Radio signals tTom a central control ", Vicker, Amy, "'v Vater Use and Conservation", Waterplow Press, 2001. 24 According to htm:liwww.csu.ore/xeri/whatislWhatls.htmla water savings of 25 to 50 percent cao be achieved by changing landscape to xeriscape. A conservative 30 percent average is assumed in this report. "Photos, p. 26, copied from: htm:IIv.'WW.sDace.com/businesstechnoloev/technoloev/lawnsat 000816.html 26 California Irrigation Management System (CIMIS) is a network of weather stations scattered throughout the state and coonected through the Internet, providing instantaneous informatioo regarding evapotranspira- tion for most locations in the State. There is a station in Chula Vista, accessible at htm:llwwwdDla. water.ca.eov/cimis/cimis/bo/sdenorm. Ixt. Bahman Sheikh 25 ~~t¿'_?f Chula Vista ~~ter 1!.E.:_~!'ficiency Strategies """""--.- 'April ]0, 2Qº~ station would transmit the appropriate information to irrigation controllers at each cus- tomer's site, activating the irrigation system for the appropriate length of time to deliver the precise amount of water needed for the evapotranspiration requirements of the land- scape plants plus a pre-determined amount for leaching and efficiency of irrigation method. Each new development can have its own ET-Controller system. Or, a more cen- tral city-wide system could be established to serve new (and existing) irrigation systems. ET Controller Unit Typical CIMIS Weather Station Savings and Costs Cost ofET controllers for single- or multi-family residences is estimated to be $175 per installed controller, plus $48 annual signal and maintenance fee27,28. The amount ofwa- ter savings attributable to installation of these systems is estimated to be 20,000 gallons per year per single-family residence29. ET Controllers can be used for irrigation schedul- ing in combination with potable water, recycled water, or gray water, further saving wa- ter. A recently completed one-year study at the Irvine Ranch Water District, with 40 homes participating, showed a savings in outdoor water use, of 37 gpd/unit, or 16 percent30. These homes, being early adopters of the technology, were already using efficient land- 27 According to Michael Marian, CTO of Network Services Corporation in Petaluma, California, the cost of controller units is expected to come down to about $100 when these systems become more widely em- ployed in the future. Currently, installations are limited to a few localities in California ,Texas, Nevada, Oregon, Washington, New Mexico, Colorado, and Utah. For additional information, refer to a web article at htto:l/www .sDace.comrousinesstechnology/technologvllawnsat 000816.html. California locations in- clude existing and planned installations in the service areas of East Bay Municipal District, Marin Munici- r,al Water District, University of California at Davis, and in Kern County. , Irvine Ranch Water District, "Residential Weather-Based Irrigation Scheduling: Evidence rrom the Ir- vine' ET Controller' Study". June 200 I. " Ibid., According to the Irvine study, an average water savings of 57 gallons per day per residence can be assumed with the use ofET Controllers. 30 See www.irwd.com and obtain the report in *'pdfformat of by clicking on the last item: Access the final report for the Residential Weather-Based Irrigation Scheduling: the Irvine "ET Controller" Studv . Bahman Sheikh 26 City o£çJ.1~~ Vista Wa~er Use Efficiency Strate¡¡~s_ "__."._...."......__..._m..........__....__.___n__ _~JJri.UQ,}ºº2 scape materials and methods. In non-conserving, conventional landscapes, the savings can be expected to be appreciably higher still, as high as 33 percent, according to the model developed by the IRWD study team. Customer satisfaction was high and reduc- tions in water bill were significant. Total savings (customer, district and wholesaler) ex- ceeded costs of controllers over the ten-year life cycle. In a recent study, the California Department of Water Resources concluded: "There is a potential for reducing applied water by 66,000 acre-feet statewide if 1 00, 000 acres of landscape were irrigated based on CIMIS. This reduction in applied water translates to reduced pumping and energy P . l . 3 34 ..31 use. ... otentza energy savzngs. megawatts. Issues and Concerns Hurdles to the feasibility ofET Controllers maybe (1) their relative newness, and (2) a lack of competition in the market. Early adoption ofthese systems, at least on a pilot- scale, would help increase familiarity and more widespread implementation. Because of their high water saving potential, such early adoption may be deemed appropriate, either with an external mandate for adoption of the systern, rebates for the cost of the control- lers, or co-payments to cover half or more of the cost of the monthly signal payments. Recommendations As shown further in this Section, ET Controllers are one of the most cost-effective de- vices, yielding one of the highest volume of water savings per unit, with relatively low initial costs, Therefore, we recommend that their use (in combination with any sourc;e of water) be encouraged and incentivized. One way the City of Chula Vista can do this is by requiring its inclusion in Water Conservation Plans of new developments, 11. Soil Moisture Sensors32 One of the tools used to achieve higher levels of irrigation efficiency is the soil moisture sensor, which helps dete=ine when the soil is actually dry enough to require the next irrigation. These sensors are often placed at two or more depths and at several locations in the landscape in order to obtain a representative status of soil mois- ture conditions. The readings can be telemetered to a central control unit, which then de- termines the time and amount of irrigation, in combination with a pre-dete=ined sched- ule. Whether these sensors are used in manually operated irrigation systems or combined with ET controllers, these devices provide a highly intelligent irrigation rnanagement sys- tem for efficient irrigation. - Soil MOiS~"", ,,'e' .~~, ~f{--"i)¡ 1'1 ", , ,'::.-{: ',.,~ ",..""" "~ ',' r>"''' - Description 31 Source: Personal communication with Ms. Marsha Prillwitz, DWR Water Conservation Specialist, Au- gust 9, 2001. 32 Picture copied from: http://www.g obalw.com/soilmoisture.htm!. Bahman Sheikh 27 City ()f~!J:1la Vista ~~!~~_l!~~.Ef!i<:i~~Y.~!!_~t~~~es_________ -"'----~-"..- __ _ _ __ _ ___'Ap~g.1~,~002 Savings and Costs By themselves, soil moisture sensors do not achieve any water savings. In combination with other systems (irrigation controllers, sprinkler or drip systems), they can be impor- tant tools for maximizing the water savings potential. The cost of each sensor (as pic- tured above) is $235, but the sensors are typically installed at multiple depths and in dif- ferent field locations (shade, sunny, low, high, and different soil types) to obtain repre- sentative readings, especially on large landscaped areas with a variety of plant materials and microclimates. For single-family residences, one or two soil moisture sensor in the sunny and shady parts of the landscape (more critical for indicating plant stress) is deemed sufficient. Issues and Concerns Soil moisture sensors are best used by landscape and irrigation specialists who can inter- pret the condition of the soil and act upon the information in an informed manner. Homeowners can learn to use the information and improve their irrigation efficiency, with the use of these units. Recommendations Because no quantitative water savings can be associated directly with soil moisture sen- sors, by themselves, they are not included in the list of devices on the menu of those to be included in the Water Conservation Plans. Nonetheless, it is recommended that the City of Chula Vista encourage use of soil moisture sensors as an aid to irrigation scheduling in new developments. These devices are especially useful in those developments where HOAs are in charge oflandscape and irrigation system operation and maintenance. In these situations, the operator can integrate the remote feed from moisture sensors into the automatic irrigation controllers. C. Summary of Water Savings and Option Costs Each of the devices described above has a range of savings, costs and feasibility, depend- ing on a number of variables. Under the conditions prevailing in the City of Chu1a Vista, the average water savings, costs, and probable feasibility of implementation is assessed and summarized in Table III. 1. It should be noted that actual water savings can vary widely depending on individual circumstances, and depending on antecedent water use habits, against which savings are measured. For the purposes of this study, the most probable values are selected for use in the calculations presented herein. In Table III. 1 , the range of cost of each water conservation device is provided, based on available retail information. It is possible that in the wholesale market-where housing contractors may be able to purchase hundreds of such devices at a given time-the costs of some items will be significantly lower than those indicated in Table III. 1. For the pur- poses of conservative cost estimating, such reductions in retail cost are not considered. In cases where a standard device would ordinarily be installed in a new home (for example, dishwashers), the difference for the cost of the water saving device is the relevant operat- ing cost. However, the full cost of each device or appliance is included in the table. Bahman Sheikh 28 c::i!)'_()fc::~~laVista W a~EY_~~_~~ci~ncy ..s.!T!~t]I~S_________ ."........".-- _n____· Ap!~~l_º,}ºº~ Table 111.1 Water Savings, Costs, and Feasibility oflmplementation of Additional Water Savings. Water Cost of Cost Cost per Saved Device33 Difference34 Unit Feasibility of Option gpu/yr $ $ $ Implementation Hot-Water Pipe Insu- 2,400 50 50 50 Highly Feasible lation ~ -------.--" ~ .:= Hot-Water Demand 5,300 500 500 500 Energy Demand, Low ~ Units-Pump-Back Benefit/Cost, Health Issue " Q "----""------.---.-. " Hot-Water Demand Challeoged by OJ) 5,300 700 400 700 " Units-Taok-Less Lack of Familiarity ¡¡:; .: Pressure-Reducing .52 1,800 100 100 100 Highly Feasible v Valves = .= Dual-Flush Toilets 60035 Challenged by ~ 4,000 200 0 Õ Lack of Familiarity U Challenged by Waterless Urinals 50,00036 450 037 450xN" Maintenance " High-Efficiency 7,000 600 to 1,100 300 600 to 1,100 Highly Feasible " ~ - ." ,§ Washers (HEW) ê: 8 Water-Efficient 650 300 to 700 100 300 to 700 Highly Feasible < Dishwashers ~ Water-Efficjent 12,000 39 0 Highly Feasible .~ Landscaping - Õ Xeriscape 16,00040 0 Highly Feasible .~ " ET Controllers 20,00041 175 100 175 Challeoged by Newness ~ ~ -g " Soil Moisture Sensor NA" $235 235 235 Commonly Available ..,¡ 33 'Cost of device yaries widely, depending on options, size, maoufacturer, region, etc. Wherever possible, average values, and applicable options were selected across a range of manufacturer prices. 34 Cost differential is against a similar, but conventional device or installation. 35 Assuming three bathrooms per unit. Water savings are not directly related to the number of toilets in a given llllit. 36 Actual water savings depend on the installatioo location. In high public use areas, the saving would be much higher. These devices are not applicable for single-family residential use. 3Î The initial cost of a waterless urinal is actually lower than a conventional urinal because the waterless urinal does not require plumbing for v:ater, flush mechanism, aod their installation. 35 N = Number of urinals in a given structure. 39 Cost oflandscaping is highly variable. Costs of water-saving and xeriscape landscapes are well within the range of costs of conventional landscaping. Therefore, no cost figures are preseoted for landscaping. The relevant parameter is the const differential, which is zero, or less than conventional landscape. 4û Source: htto:llwww.csu.orgixeri/whatislWhatls.html 41 Irvine Ranch Water District, "Resideotial Weather-Based Irrigation Scheduling: Evidence from the Ir- vine 'ET Controller' Study", June 2001. 42 Soil moisture sensors are not, by themselves, water saving devices. However, by allowing an accurate estimation of water content in the soil, they make it possible to schedule irrigation events more judiciously, avoiding late irrigation and too-early irrigation, thus indirectly contributing to water conservation. Bahman Sheikh 29 C:!ry ofC:~lJla_Vista 'Y~tert¿~~¡;ffi~iency:_~~ateJies__ .._-------~"-_.,. ____--'-.Ä.)JI:Dlg,}.og2 In Table III.1, feasibility assessment is based on three criteria: (1) benefit/cost ratio, dis- cussed later in this section, (2) commonality of usage, and (3) any potential challenges. In the case oflandscaping, there is a wide range of cost depending on size oflot and de- sign characteristics. However, there is no cost differential between conventional, water- conserving, and xeriscape landscaping, where the developer chooses to include landscap- ing as an amenity in a new home. Therefore, a zero-cost figure is used for these water conservation measures. D. Policy Issues The main policy issue facing the City of Chula Vista is the extent to which anyone or more of the devices, measures, and appliances evaluated above should be required to be implemented in a Water Conservation Plan. Obviously, in an ideal world, all feasible means of conserving scarce water supplies would be implemented without hesitation. The reality of the competitive market for new housing, however, dictates that developers would only install those water (and energy) conservation options they are mandated by law to install, unless a given conservation feature is also viewed as an amenity, justifying the added cost in terms of competitive advantage. Therefore, the only way any option will be implemented is by City ordinance, requiring its inclusion into the Water Conser- vation Plan. This report discloses the technical, regulatory, feasibility and other informa- tion for each device, so that the decision makers can make informed choices from the op- tions available to mandate. The consultant recommendations are provided at the end of the Section. Regulatory Issues There are no regulatory impediments to the use of any of the devices discussed above. Program Implementation Issues The main obstacle to implementation of the "additional" water conservation devices pre- sented in Section III is cost. A developer of new housing units is typically unwilling to spend additional sums on a device that does not increase the marketability of the home or at least increase its intrinsic value by at least an equal amount. Part of the reason is mar- ket competition. This can be partially surmounted by requiring all developers to imple- ment an equal level of water conserving measures in each unit they bring to the market. While this eliminates the immediate cornpetitive advantage, still the argument will persist regarding neighboring jurisdictions that do not have similar requirements4). It is antici- pated that the City of Chu1a Vista will be on strong legal grounds in requiring developers to include a reasonable array of water conserving measures in new housing develop- ments. None of the devices evaluated in this section violates any codes, or conflict with existing requirements of any other jurisdictions. 43 This was a cornmon argument agaiost adoption of anti-smoking ordinances for restaurants and bars by restaurant and bar owners, a mere ten years ago. Today, with nearly all jurisdictions having adopted simi- lar bans on indoor public smoking, the market competition argument has completely vanished. It is ex- pected that similar trends wi11 prevail in water conservation requirements in the near future. Bahman Sheikh 30 Cil)'ofCh\llaVista ",a~r~Sf'1'Q!-"!~-,,,cy S!1:a~e~ies -~---~-------_.,.- ... ...... "------ _ 'Apri!}º,?ºº~ E. Financial Assistance The most difficult question for developers with regard to water conservation devices is the precise rationale for the addition of the extra cost of the devices to the basic cost of the new home. Whether or not the addition of this amenity attracts enough additional in- terest from potential buyers of the new homes is a marketing decision for the developers. The current $125 High-Efficiency Washer (HEW) rebates for existing customers are of- fered by San Diego County Water Authority (SDCW A) through both water retailers serv- ing the City ofChu1a Vista: Otay Water District and Sweetwater Authority. These re- bates are available to existing and newly built homes and may be used to cover some of the cost differential for the appliances. Typically, developers do not include clothes washers and dryers in the sale of new homes. However, as a matter of policy, this may be deemed one of the most effective ways to save interior-use water, justifying the in- vestment. F. Feasibility of Additional Water Conservation Options The inescapable conclusion of this study is that there are a number of unique "one-time only" opportunities during the construction stage, for inclusion of water conservation, in a permanent and persistent way, into new housing units. These opportunities are unique, because the cost of their implementation is typically much less during construction than later, as retrofits. These water conservation opportunities must be installed with new construction or they are effectively eliminated from future adoption. A widely accepted measure of feasibility of a new measure or device is its benefit/cost ratio. This measure is often used in determining the feasibility of major engineering projects and to compare alternatives. In this methodology, all the quantifiable benefits are translated into dollar values, and all the costs (capital, operation and maintenance, and administration) are added together. Then, the benefit and cost dollar figures are compared. If the benefits exceed costs (a benefit/cost ratio greater than one) then, clearly, the alternative is consid- ered feasible. Among feasible alternatives, those with higher benefit/cost ratio are rnore favorable and vice versa. Assumptions Used In Benefit/Cost Analysis of Alternative Water Conserva- tion Measures, Devices, and Appliances All benefit/cost analyses are fraught with assumptions-some clearly stated, and many not so obvious. For transparency, the assumptions used in preparing Table III.2 are listed below: · Value of water is calculated by multiplying the amount of water saved by a given alternative, by the marginal cost water, i.e., the unit cost of the next available source of water. A figure of$l,OOO per acre-foot was selected, based on the blended cost estimates of developing new water resources from desalination of seawater and transfers from other water-using sectors. · The value of water produced in the life span of the device, appliance, or measure, was discounted at the rate of 5 percent per annurn, using a present-value function. · Other benefits were identified based on the particular characteristics of each op- tion. The reduced sewer flow benefit was similarly discounted to obtain its pre- Bahman Sheikh 31 City_~_ÇÈ~I_a_ Vista Wa~~!:.!:!~~!f!iciency Stra!:~i.e_~______ ."._--"-----~----------- _ ___·_~p!iU_º,2002 sent value. The value of this benefit was calculated, based on the wastewater charge of$2,500 per million gallon44. · A modest dollar value is placed on the unquantifiable benefits, based on profes- sional judgment, for the purposes of comparing alternatives on a more equal foot- mg. · Future Operation and Maintenance costs were converted to present value using a similar function and assumptions as those used for future benefits. · Energy savings by water-efficient clothes washers and dishwashers was ac- counted for in column 8, as a negative cost of operation, by multiplying the num- ber of kilowatt-hours saved per year per household by $0.10 per kWh. The en- ergy savings values for these appliances were obtained tTom a recent water con- servation publication45. · Cost of administration was included for some options, where it was felt necessary for the City of Chula Vista to monitor, track effectiveness, and to enforce con- tinuation of implementation of the option. · Unit cost of water was calculated by dividing the total present worth cost of each option by the amount of saved water by that measure, device, or appliance evalu- ated 44 Personal communication with Mr. John Lippitt, Director, Public Works Engineering, City ofChula Vista, May 2001. 45 Vickers, Amy, "'Vater Use and Conservation", Waterplow Press, 2001. Bahman Sheikh 32 '" " ü ::: " ~ '" " ~ .?;> ::: @ "" , " ::: bù .:: ifJ ~ " Z ::: - '" " ü ~ @ 0. 0.'" -< ",^ " ü .;:;: " Q u5' " ~ '" '" '" " :¿ ~ .9 - '" > ~ " '" ~ õ u .... " (¡j ~ '- o '" - '" o U ~ @ '" - t;:: " ~ ii3 c:¡ :"§ - ::: " Õ ""' '" .....¡ - - " {¡ ¡.... .". , " , ~..:: ]~ > ... 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" ';j12 ~ ~.'2 o " " :O::Q::J ~ ~, N '" cO 00 ..¡ o - o N "" '" '0 r-- r-- "" '" - '" '" '? o <=> <=> N o "( <=> o '" o o r-- 00 N N 00 '0 '" N o '" "" ~ .2 ~g ,,-:; en '0 N ~, o N <=> <=> "1 '" <=> <=> '" or) , " ~ " ]::r: .¡,j ¡¡ to::! ~ :n r--;:>~ '" <=> '" "! - o N o o - o o o o o '" N - '0 '" ~ c .:2 :u ü " = ,,00 CfJ '" '0 <=> <=> 00 '00 e = £'ü ~ tf).g~ " " " ~~> " o .§ G:ü ... = "00 " " ~~ ~ <ñ = ~ tI) c;~ ::3 'õ Qf-o '" N '" 00 "': - <=> N o o '" o <=> <=> o o N 00 r-- N '" N " <>: " .:2 :u õ ~.g CfJ ,,", ~, <=> <=> <=> ..¡: :>, " ~ = ... I .~ IU ..=u..c .~s ~ :o::w¡;: .". '" N r-- -c <= <Ii "" "" - 00 '" r-- N "" ~ '" '" '? <=> o '" ~ <=> ~ o o 00 o o r-- "" 00 '" '0 '" '" r-- "" " <>: = .:2 :ö~ ~-6 en '" N C N <=> <=> o ,..: <=> '" '0 ~ ~ IC~ :u 'G ~ ~ffig 00 "" '0 "! - <=> '" '" '" '" '" '" o o <=> N "" 00 N o "" 00 N o <=> o N^ 00 = '15. E" ~ .~ ~ " "00 1au::c ¡;:¡;]j o '" "" '" "" 00 -: - ~ - o - '" - '" '" '" '" r-- '0 '" '" 00 '" "" '" '" o 00 "" o o '" '" r-- - '" r-- '" '0 r-- "" o <=> <=> - ". B g = 0 ~ £ ~ u .... tf) ::: C o 'v; 0 .9::! U:UU "- '" r-- '" '0 r-- '" o o o '" - <=> o o Ô '" " "- " " .~ ... " :>< , õ ... E o U f-o ~ w~ _Ci~_oL<::~~!~Vist~'>V a~e:_~::?_f!~iency ~J::ate~!:_s___________ _________ ___ _ _________ __ ________~pril}_Q,_~QQ2 G. Conclusions and Recommendations Conclusions Based on the calculations shown in Table III.2, above, it is concluded that the most cost effective water conservation devices and strategies are those with a benefit/cost ratio greater than 1.0. These finalists among the evaluated water conservation options fall into three categories, as follows: BUILDING CONSTRUCTION Hot-Water Pipe Insulation Pressure-Reducing Valves On-Demand (Tank-Less) Water Heaters Dual-Flush Toilets APPLIANCES High-Efficiency Washing Machines Water-Efficient Dish Washers LANDSCAPE AND IRRlGATION W ater- Efficient Landscapes Xeriscape ET Controllers Recommendations It is recommended that the City ofChula Vista establish an overall numerical water con- servation goal for each residential development plan, to be achieved from a mix of op- tions. The goal would be met in part tTom the menu of additional water conservation op- tions listed above. The other part of the goal would be met with water recycling or gray water options, discussed in Sections IV and V. This study does not recommend a specific numerical goal. There is a wide range of op- portunities available to developers to achieve water conservation beyond the current re- quirements. The level of savings could be as high as 50,000 gallons per average unit per year depending on the developers' commitment. A reasonable and readily practical low- range level would be 20,000 gpu/yr. In future years, as technology will allow greater levels of water conservation at lower cost per unit, the goal may be raised to reflect the new feasibility levels. Below are several sample bundles46 with a range of water savings achievements. The goal (whether it is set at the low end, the high end, or somewhere in between) can be achieved through the combination of bundles of water saving devices plus either expanding recycled water use or the installation of gray water stubs or sys- tems. As a guide, the formulation of a composite of mandated and optional opportunities for water savings are discussed below: 46 All sample bundles ioc1ude hot-water pipe insulation and pressure-reducing valves, because of the very high cost effectiveoess of these two measures. Bahman Sheikh 34 <::1r..v-"L<::~~I_a. Vist"-~aterlJ,-elò!~~i~ncxS!I:~~~¥i~,- ........................ ..___~¡\ Jrl11º,2002 First, It is recommended that two of the building construction options, hot-water pipe in- sulation, and pressure-reducing valves be made mandatory by city ordinance. These two items are so inexpensive to include in the initial construction that their exclusion would be simply wasteful. (After completion of construction, retrofitting the unit to include these two items would be far more expensive. Thus, mandatory requirement of inclusion of these two measures is the most logical step.) Dual-flush toilets also represent rela- tively volatile opportunities for significant water savings. These can also be made man- datory, and would count toward meeting the overall water conservation goal. It is note- worthy that once a certain type of toilet is installed, it would be expensive and inconven- ient-though not impossible-to replace it later, e.g., with a dual-flush design. Second, ITom the appliances category, it is recommended that each Water Conservation Plan include at least one item for implementation before the unit is sold. Third, the Water Conservation Plan rnay also select and include an item ITom the land- scaping category. However, because the use of options in this category is not deemed by City staff to be as practical for either the developers or the City to implement, mandatory use of these options may be deferred for the time being. It must be added, however, that these options are generally highly effective in saving water. Fourth, a Water Conservation Plan would also contain elements selected ITom water re- cycling and/or gray water options, discussed in Sections IV and V. Appropriate propor- tioned credit for inclusion of these options would be calculated on a "per-unit" basis. The City ofChula Vista Planning Department staff have analyzed a variety of ways in which a given water conservation numerical goal may be met, in part with a water con- servation bundle, in part with maximization of recycled water use, and in part with gray water stub-outs. Below, several different water conservation device bundles are con- structed as examples of ways of meeting a part of the overall water conservation goal. The other parts of the goal can be met in ways described in the next two Sections. Bundle A: Devices and Measures Mandatory Items (PRV and HWPI)" 2 x Dual-flush toilet High-Efficiency Waslring Maclrines Water Savings, gpu/yr 4,200 8,000 7,000 Cost, $/Unit 150 400 800 Delta 41, $ 150 o 800 Total: 19,200 1,350 950 47 "Delta" is the cost differential between a conventiooal device, appliance, or landscape and its water- efficient counterpart. Only capital cost (cost of purchase and installation) is presented here. 48 Pressure-reducing valves, and hot-water pipes insulation. Bahman Sheikh 35 Cil)'-"fº~\l}~_Yist~ Water 1¿~_"-_J:fficienc)' Stra~~_,,-s,_______ .... . ...._._.,.._-~-~---"--"-_. ________,__~p.t:il!º_,2,002 Bundle B: Devices and Measures Water Savings, gpu/yr Cost, $/Unit Delta, $ Mandatory Items (PRV and HWI''!L__ 4,200 150 150 ~-- -_._--~------ 3 x Dual-flush toilets 12,0_00 600 0 Water Efficient Dishwashers 650 700 300 " -.------- Total: 16,S50 1,450 450 Bundle C: Devices and Measures Water Savings gpulyr Cost, $/Unit Delta, $ Mandatory Items (PRY and HWPI) 4,200 150 150 ---.----. ____________,J:!!gh-Efficiency Waslriog Machines 7,000 800 800 ------ Total: 11,200 950 950 Bundle D: Devices and Measures Water Savings gpulyr Cost, $/Unit Delta, $ Mandatory Items (PRY and HWPI) 4,200 150 150 ----- I x Dual-flush toilet 4,<!.qº 200 0 Water Efficient Dishwashers 650 700 300 ___u·n.___._.n__.... Total: 8,850 1,050 450 Bundle E: Devices and Measures V\Tater Savings gpu/yr Cost, $/Unit Delta, $ Mandatory Items (PRY and HWPIL 4,200 150 150 ----.----. Hot-Water On-Demand 5,30SJ 700 400 Xeriscape 16,900 300 0 Total: 25,500 1,150 550 Bundle F: Devices and Measures Water Savings gpulyr Cost, $/Unit Delta, $ Mandatory Items (PRY and HWPI) 4,200 150 150 - ET Cootrollers 20,000 175 175 ____.___n.... Total: 24,200 325 325 It is further recommended that the City of Chula Vista Landscape Manual be updated to include any adopted recommendations from this study, as appropriate. Bahman Sheikh 36 Cit,,-?LÇlllll~_"0sta !~!~E~~!_~t!~ciency ~tJ:~~!~~S__________ ......"...".".~-~------------ ___ 'ApriII02?002 SECTION IV EXPANDED USE OF RECYCLED WATER A. Description For the purposes of this report, recycled water is tertiary-treated water from a central wastewater treatment (water reclamation) plant, piped to the curbside at the customer's site for use in irrigation of landscape or other allowed, non-potable uses. Agencies pro- ducing and distributing water and/or recycled water in the City of Chula Vista are: (1) Otay Water District, and (2) Sweetwater Authority. Recycled water is currently used in the City of Chula Vista for irrigation of parks, golf courses, COmmon areas of multi- family residential areas, and numerous other non-potable applications. In this section, the expansion of uses of recycled water into more such areas is explored and recommended. Furthermore, maximum use potential of recycled water in less conventional areas-such as irrigation oflandscaping in single-family homes-is also explored, to achieve higher levels of potable water conservation. A recent example of a California single-family housing development with recycled water service for landscape irrigation is the Serrano Homes in El Dorado County. The amount of potable water savings as a result Of using recycled water for landscape irrigation is equal to the total amount of water that would otherwise be used for irrigation, an average of about 46,000 gallons per residence per year, assuming an irrigated area of 1,200 square feet. Obviously, the larger the landscaped area, the greater is the potable water savings as a result of use ofrecycled water. Use of recycled water on COmmOn slopes, medians and parkways will result in significant additional savings of potable water, the exact amount depending on the area of such landscaping area in each individual development. The is- sues involved in final implementation of the Serrano Homes water recycling project are different from those in the City ofChula Vista. Nonetheless, there are regulatory, public acceptance and technical parallels that can help simplify the process of implementation of expanded water recycling projects in Chula Vista. Federal Law There are no federal laws pertaining to the use of recycled water under any circum- stances. The US Environmental Protection Agency has issued guidelines for water reuse, which states may use as a basis for their own regulatory tTamework. Since their issuance in the early 1990s, these gujde1ines have been adapted and adopted by many countries and regions to form standards, criteria and regulations for water reuse. State Requirements In California, the Department of Health Services, Office of Drinking Water promulgates wat~r recycling criteria-encoded in Title 22 of the California Administrative Code. In addition, Title 17 of the Code includes a section on cross-connection control and back- flow prevention to protect the community water supply against unintended and accidental mixing with recycled water. Tertiary-treated water is the usual quality grade of recycled water available for urban uses, from a central wastewater treatment (water reclamation) plant, built and operated in accordance with the requirements of California Title 22. Bahman Sheikh 37 c:itY~fS:~~!~'>Iista ":'~te:_!'¿s~~!.!i.ciency Strate~ies ~-"--"~-_..,-,---_._~---- ........~!:~U'Oè.~ºº2 Section 13552.2 of the California Water Code declares the following Legislative Finding: "The Legislature hereby finds and declares that the use of potable water for the irrigation of resi- dentiallandscaping is a waste or ao unreasonable use of water within the meaning of Section 2 of Article X of the California Constitution if recycled water, for this use, is available to the residents that meets tbe requirements set forth in Section 13550, as determined by the state board after no- tice and a hearing." [emphasis added] Local Requirements The City of Chula Vista Landscape Manual states: "When reclaimed water is available within the basin containing the project site or when a reclamation master plan indicating the availability of reclaimed water in the future has been adopted by the water purveyor which governs the territory of the proposed project, the Applicant shall incorporate the use of reclaimed water into the project design except in the vicinity of any location where food is served or consumed. " Otay Water District is the water purveyor for a major par1 ofthe City of Chula Vista. It has provided recycled water in its service area for about 30 years. It has enacted an ordi- nance that requires recycled water be used for any and all appropriate and approved non- potable uses. All new applications for water are reviewed for opportunities to use recy- cled water. OWD's school education program focuses on recycled water, its production technology, delivery, and uses. The message is conveyed to 3,000 students each year, including classroom exercises, videos, and field trips to the Ralph W. Chapman p1ant49, the current source of recycled water production. Currently, Otay Water District provides recycled water to parts of the City ofChula Vista, for irrigation of COmmon area landscaping and multi-family developments. In Chula Vista, recycled water originates from the District's Ralph W. Chapman Water Re- cycling Facility in Rancho San Diego. The water is then pumped to eastern Chula Vista where it is used for landscape and golf course irrigation and construction activity. None of the reclaimed water is used for drinking. OWD is updating its master plan for water recycling, including projections of recycled water demand. The District includes in its plans, any private landscaped areas with a home-owners association (HOA)-controlled irrigation system, and with maintenance easements. Annual inspections and pressure testing once every four years will be re- quired in such areas. These inspections are commonly carried out by the water district personnel as par1 of their regular water recycling program. OWD existing demand pro- jections for recycled water rise tTom 2,000 acre-ft in 2000 to near 8,000 AFY in 2020. It is anticipated that 1,100 AFY will be supplied from OWD's Ralph W. Chapman Water Recycling Facility, and the remainder will be supplied by the City of San Diego's South Bay Water Reclamation Plant. In the near future, the Chapman Plant will probably be 49 Adapted from the Otay Water District 2000 Urban Water Management Plan, prepared in accordance with the requirements of the California Urban Water Management planning Act. Bahman Sheikh 38 t..:1ty ~tt..:~!::I_~Y isla W atert¿~~_.E:fiicienc!'J>I!'~~"-~ies__~_____ _ u___________ 'Ap_~~!Q.2002 abandoned by OWD50, relying entirely on the South Bay Water Reclamation Plant for recycled water. OWD requires installation of double check valves on both the potable water and the recycled water systems at a site where recycled water is used. [The cost of double check valves for a single-family residential account would be about $ 225, plus $50/yr for annual costs of maintenance and inspection.] OWD staff have detennined the most appropriate plant materials for use with recycled water to prevent any ill effects on the landscape due to the higher levels of salinity of recycled water cornpared with tap wa- ter. The most critical concern of the OWD staff, about use of recycled water for irrigation of private yards in single-family units, is the possibility of inadvertent cross-connection with potable water systems. The most COmmon culprit is the weekend plumber who may not notice the significance of the purple color of the pipes, the warning tapes, and the other safeguards typically included in a dual-plumbed systern. Experience indicates that this is a real possibility (with a relatively low probability) and it has occurred on a few occa- sions in dual-plumbed areas. In none of these cases has a public health issue devel- oped~the tertiary recycled water is disinfected and is essentially pathogen-free. As in any technological innovation, a certain rate of failure, miniscule as it may be, should be expected. Cross-connections are usually detected within a reasonable tirne, corrected, and the systems restored. As in other technologies, with the possible exception of nuclear power, some failures, involving undesirable consequences, do not spell the demise of those technologies. Legally required backflow prevention devices would be installed at each residence where recycled water is in use, minimizing the probability of flow of re- cycled water into the potable system under nearly all possible conditions. B. Technical Information Outdoor use of water accounts for more than half the residential water demand on the av- erage. Therefore, use of recycled water for residential landscape irrigation can save a great deal of potable water for higher uses. At the same time, it leaves the homeowner tTee to choose landscaping type and irrigation regimes even during a prolonged drought~when potable water use may be severely restricted. It is estimated that a new home in Chula Vista would save 48,000 gallons (0.15 Acre-f!) per year of potable water, on average, by using recycled water for irrigation of 1andscaping~front- and backyard. The cost of supplying recycled water to the new development is usually borne by the wholesale water district; and, the additional cost of dual plumbing (purple pipes buried in the streets dedicated to recycled water distribution) within the SPA Plan area is the usual responsibility of the developer. These costs, (including the costs of check valves) amount to about $2,500 per single-family dwellingS!. Expansion ofrecycled water service in Chula Vista depends on the ability ofOtay Water District to extend service to newly developed areas. If such ability is not foreseen for the near-tenn, it is possible to install the necessary dual plumbing at the time of the construc- 50 An ongoing study of the relative economics of continued operation of the Chapman plant by Otay Water District appears to indicate that it is no longer the best option for wastewater treatment and water reclama- tion. 5\ This cost· estimate is based on the recent construction costs at Serrano Homes in EI Dorado County. Bahman Sheikh 39 ÇìtL()fS~?}3:Yista ~~!~E_!:!~,:Ef!ic.iency Strategies_______ __________________ 'Apri})_º,?ºº~ tion, and temporarily charge it with potable water. When recycled water service lines eventually become available, a switch can be made by permanently severing the connec- tion to potable water, pressure-testing for complete separation, and filing the necessary reports. The costs of dual plumbing will be lower than those quoted above, tTom the Serrano Homes, estimated at $2,000 per unit. There will be additional costs at the time of full conversion to recycled water when retrofit of each unit will be involved, costing ap- proximately $500 per unit, including the cost of inspection and reporting. Technical, economic, and social feasibility of use of recycled water for residential land- scaping has been demonstrated in several locations. Specifically, these locations include: o Irvine Ranch Water District HOA-Operated ÍÌ'ont yards in several developments o Irvine Ranch Water District estate lots operated by landscape contractors o Las Virgenes Municipal Water District estate lots operated by contractors o Moulton Nigue] Water District common residential areas operated by landscape contractors o Serrano Village, a new deve10prnent in El Dorado County where all single-family residences (not estate homes) are supplied with recycled water for front- and back-lot irrigation with recycled water. o Several cities in Florida, including St. Petersburg, Altamont Springs, Cape Coral, and Winter Springs, where recycled water is supplied to single-family residences for irrigation of landscaping and other non-potable uses. Home-owners are al- lowed to operate the irrigation systems and maintain the recycled water service under specific regulations, allowing quick-coupler hoses to be used for car wash- ing or hand-held irrigation. Some of the special teclurical provisions required by the Water Recycling Criteria (Title 22) and the California Plumbing Code for use of recycled water at the single-family resi- dential units include: o Use of purple pipes and fittings o Double check valves on both potable and recycled water systems o Annual inspections o Pressure testing every four years o Prohibition of changes to irrigation/plumbing systerns by home owners o Designation of site supervisor, training, and reporting procedures o Selection of plant materials and irrigation management C. Water Recycling Policies There are no policy issues on the federal or state levels that would hinder the use ofrecy- cled-water for single-family residences' landscaped areas. "Title 22" is the commonly used short-hand to denote Chapter 3, Water Recycling Criteria, of Division 4 Environ- mental Health, of Title 22 of the California Code of Regulations. This section of Title 22, and a section in Title 17, Division 1, Chapter 5, Subchapter 1, Group 4-addressing Bahman Sheikh 40 º~lL,,-~.<=~,,-I~.vista Water_.us~_~!ficiency Strategies .. ..._-_..""".._"""""--"" _ __~ )!illº,2g02 cross-connection control-form the legal basis52 for uniform permitting of the various uses of recycled water throughout the State. The current water recycling regulations be- came effective on December 2, 2000. These regulations allow 40 specific uses of recy- cled water, including unrestricted irrigation of common areas, residentia1landscap- ing, school yards, athletic fields, golf courses, parks and other sites. Several governmental agencies-USEP A, Department of Health Services, California Conference of Environmental Health Directors, Department of Water Resources, State Water Resources Control Board-have signed a "Staternent of Support" strongly advo- cating use of recycled water in allowed applications53. D. Financial Assistance for Water Recycling Governmental agencies recognize the value and benefits ofrecycled water in saving pre- cious supplies of potable water for the whole region, by providing subsidies, grants, and low-interest loans to agencies implementing water reuse projects. Collaboration between neighboring agencies (for example between the City of Chula Vista and Otay Water Dis- trict) would be a key to obtaining funding assistance from any outside agencies. Chief among these agencies-whose assistance can be additive, thus constituting a fair portion of the cost of the project-are: :J U. S. Bureau of Rec1amation o California State Water Resources Control Board (SWRCB) o Metropolitan Water District of Southern California o San Diego County Water Authority Federal Assistance The U. S. B. R. is a wholesale water supplier to the 13 western states. It is given con- gressional powers to provide funding through the so-called "Title XVI" program for eli- gible water recycling programs. These grants can pay up to 25 percent of the cost of de- sign and construction offaci1ities. Planning grants at 100 percent of the cost are also available for water reuse projects. Unfortunately for Chula Vista, these grants are ahnost entirely pre-assigned through line-item appropriation by congress. For future appropria- tions, it will be necessary to lobby the local congressional representatives and the Cali- fornia Senators effectively. Future new appropriations are constantly under considera- tion, and an increase in the allocations is probable. It is possible that selection of proj ects for funding may take a competitive application process at sorne future date. State Assistance The California State Water Resources Control Board administers low-interest water rec- lamation loans, up to $5 million per project. These assistance programs are funded by revòlving loan bond funds approved by the voters in several previous elections, including the recent Proposition 13. Accumulating funds from repayment of old loans keep the program funded into the future. In the near future, the CalFed Bay Delta program is ex- 52 The 24-page text of the regulations (Title 22 and Title 17)can be obtained from the Internet at the DOHS website address: http://www.dhs.ca.gov/os/ddwem/publications/waterrecvcling/purulebookupdate6-0 I.PD F " "Statement of Support for Water Reclamation", June I, 1994, available on http://www.watereuse.org Bahman Sheikh 41 Çity of_Ç~~la_Yista Water LJ~_Efficiency Strategie.ii_______ ----------- __~rill O:~_002 pected to provide additional subsidies for water reuse, especially to agencies whose water supplies must travel through the San Francisco Bay Delta. Regional Assistance The Metropolitan Water District of Southern California has a highly successful funding assistance program for water reuse projects by its member agencies, providing up to $250 per acre-ft ofrecycled water delivered and sold to customers. The latest round of dis- bursement of such assistance was through a competitive process of rebate allocation, in which "readiness to proceed" featured as a key criterion for success. In addition, other selection criteria included: regional water supply augmentation, water quality improve- ment, environmental benefit, and cost effectiveness. Local Assistance Finally, the San Diego County Water Authority offers a rebate program for water reuse projects in the amount of$100 per acre-foot. Qualifying projects must demonstrate a fi- nancial need and must replace a potable water demand upon the Authority. E. Costs and Savings, A Feasibility Analysis Based on the fact that several California and other cities have successfully implemented rec1airned water service for residential landscape irrigation, it can be concluded that use of recycled water for residential landscape irrigation can be economically feasible, under some local circumstances. Calculations of benefit-cost ratio of use ofrecyc1ed water in single- family residences for the conditions of Chula Vista indicate ratios exceeding one, as shown in Table IV. I. This tabulation indicates that the costs and benefits are nearly equal. Table IV. 1 Benefits and Costs of Expanded Use of Recyc1ed Water for Residential Landscape Irrigation within Private Property (Front- and Backyard) 48,000 2,526 Environmental, Persistence, Nutrients - - -.--- 500 3,026 2,500 20 o 343 2,843 40 1.1 483 Benefit or Cost Water Saved Value of Saved Water Other Benefits Value of Other Benefits PW, Total Benefits Capital Cost o & M Cost Cost of Administration Present-Worth of Annual Costs Total Costs, PW Life ~fOption Benefit! Cost Ratio Saved Water Life-Cycle Cost * gpu/yr = gallons per unit per year. Value Unit gpu/yr* $ $ $ $ $/yr $/yr 5> $ Years ---.--- ----.- ____._.__...u_ $/AF Bahman Sheikh 42 Ci!¿:~f_~~~!::~!~t~_~~te!_!!_s~~ffJC:iencŒtrategies_______....__________ . ..__ 'Apri1Jº,?902 Water quality issues associated with recycled water include slightly elevated salinity, and higher sodium adsorption ratio (SAR). These issues are most important in agricultural applications, where concerns about yield reduction and long-term soil permeability dominate. In landscape applications, these concerns are less significant. Furthermore, water quality problems are manageable with proper leaching tTaction, irrigation schedul- ing, and soil amendments, at modest or no additional costs. Otay Water District has de- veloped a list of plant species, which it considers tolerant ofrecycled water quality. F. Issues and Concerns There is an informal policy at the local level, at Otay Water District, which relies on a 1997 study of residential use of recycled water. That study, by Daniel Boyle Engineers, Inc., identified economic, water quality, and public health concerns, and recommended against this particular use of recycled water. Otay Water District is now re-visiting its recycled water master plan. It is probable that changes in conditions since the 1997 study will result in a reversal of the current informal policy against use of recycled water on private property within single-family units (tTont- and backyards). Other OWD policy concerns include: (1) supply availability and diurnal flow fluctua- tions, (2) dual plumbing all streets versus incremental demand increase, (3) compliance with the requirements of other governmental agencies, and (4) site limitations of reser- voirs and pump stations54. These concerns would be best addressed in the ongoing revi- sions to the Otay Water district's recycled water rnaster plan, and later, during detailed design of the plumbing and street layout. Furthermore, the planned switch to use ofrecy- cled water rrorn the South Bay Water Reclamation Plant will remove the capacity con- straints of the current supply source. With a capacity of 15 MGD, the new source ofre- cycled water will provide adequate reclaimed water supply for the foreseeable demands within the District. A pipeline connecting the new plant-nearing completion at this writing-with the service area ofOtay Water District is being negotiated and should be completed in the near future55. Another concern often raised in opposition to use of recycled water in residential settings is the fear that at some point, some home-owner will mistakenly (or rnaliciously) cross- connect recycled water and potable water lines. The fact is that this possibility is rare, but real, it does happen some times, and it is detected relatively quickly. In the year 2000, five incidences of cross-connection of recycled water systems to the home's pota- ble water supply were reported by the California Department of Health Services. When cross-connections are discovered, they are investigated, water is shut off while repair and disinfection activities are carried out, and the systems are restored. To our knowledge, the fact that accidental cross-connection happens, more or less regularly, has not been cited as a reason to make residential use of recycled water-which is now allowed under Title 22-restricted in any way. One reason for allowing this particular use of recycled water is that the disinfected tertiary recycled water-while not a source of regular drink- ing water supply-is pathogen-rree, and safe, if accidentally ingested in moderate quanti- 54 Personal communication with Mr. Jim Peaseley, Otay Water District, June II, 200 I. " Personal commuoication with Mr. Hossein Juybari, Water Recycling Coordinator, City of San Diego Wastewater Depanment, August 7, 2001. Bahman Sheikh 43 Çity ~LÇ~,:1::\Ti~ta..Wate':.!:1_s_e_!,:ffi~ency Sn:ateg~~___________________ _ 'April 10, 2002 -- ----------_._-"..".."-~-------- ties. Existing provisions in Title 17 of the California Code of Administration are ade- quate for prevention of back flow and cross-connection. Liability Issues of Recycled Water for Public Agencies and Developers Another concern of the OWD staff, City ofChu1a Vista, and some developers, is the po- tential for liability arising from use of recycled water within residential units. Use of re- cycled water, under regulations similar to those currently in effect in California, dates back to the early 1960s. Over the past forty-plus years of use at over 1,000 sites-some of the uses involving intimate contact with humans-not a single case of successfu1liti- gation has been brought against any water recycling agency, developer, user, or other in- dividuals. With this record, it is possible for the developers to purchase (at very low cost) insurance against recycled water quality related liability. Liability concerns crop up often when new uses of recycled water are proposed in any geographical area previously unaccustomed to its use. For example, some of the growers of vegetables in Monterey County had similar liability concerns when they were origi- nally given the opportunity to convert to recycled water for irrigation of their crops. Their concern was that buyers of vegetables rnight refuse to buy from thern because of use of recycled water for irrigation. They were also concerned about potential lawsuits in case of alleged harm from consumption of vegetables irrigated with recycled water. They were able to buy insurance against such liability at relatively low rates. Over the years, no liability issues have been encountered by any of those farmers. G. Conclusions and Recommendations Conclusions The City ofChula Vista and Otay Water District currently do require use ofrecycled wa- ter in multi-family residential landscaping, cOmmon slope areas, parkways, street medi- ans, schools, parks, other non-residential sites and open-space areas maintained by home- owner-associations (HOAs) or other entities. The next step would be to expand the use of recycled water into internal residential street parkways and any HOA- or other-entity maintained COmmon landscape areas. The City of Chu1a Vista has a golden opportunity to achieve large volumes of water savings through the expanded use ofrecycled water in these areas. Because the main pipelines are already within the periphery of the new de- velopments, extension oflatera1s into the internal residential street parkways and any maintained landscape areas would seem to be high1y feasible. The final step would be to expand the use of recycled water into the private properties, irrigating the front and backyards ofresidential units. The variety of issues surrounding water recycling have been resolved by over 200 agencies now providing recycled water to a large variety of customers. Use of recycled water in residentia11andscaping has the highest potential water savings compared to all the other devices, appliances, and meas- ures covered in this report, at 48,000 gallons per unit per year. Use of recycled water in residential landscaping is not common; however, it is growing, with at least four water agencies in California alone, and numerous cities in Florida. Feasibility of use ofrecy- cled water in private lots is favorable. All governmental agencies in charge of public Bahman Sheikh 44 City O!~þl~~~ista W ate'--¡¿se_EfIl~iem'x~l!.ategie~________ -..".........-.-.---.-..-.... .... . ......._~riUº,2º02 health, water supply, and environmental protection, are officially on record, supporting and encouraging water reclamation and reuse, including landscape irrigation in single- family residential units. Recommendations It is recommended that the City of Chu1a Vista aggressively pursue the maximal expan- sion of use ofrecycled water for landscape irrigation in all areas outside of private single- family lots. This would include additional COmmon areas, slopes, medians, and parkways located in internal residential streets. City staff analyzed the three study projects to de- termine areas candidate to expand recycled water use. Internal residential street parkways and additiona1landcape areas were found to be expansion opportunities. The results were averaged to establish an approximate water savings of 5,000 gpu/yr that can be achieved through expanding recycled water use. This is another water saving opportunity that needs to be capitalized upon while a project is in the planning stages and the streets and the water infrastructure are being designed. It is recommended that a pilot project be initiated for investigation of full-scale feasibility of use ofrecycled water for irrigation oflandscape within the private properties in resi- dential units. This can be successfully achieved in close collaboration with Otay Water District, the Regional Water Quality Control Board, and the local public health authori- ties. Steps needed for the near-term are: · Continue discussions with Otay Water District to remove remaining concerns and obstacles. This effort would be particularly important in view of the current ongoing recycled water master plan update, which OWD is conducting. A summary of the issues and concerns about expansion of recycled water service into private lots is presented in Section N-F, above. · Discussions with City of San Diego to expedite development and strengthening of the necessary linkages, as the South Bay Water Reclamation Plant nears comple- tion, and negotiations for the construction of the pipeline from that plant to the service area that includes planned residential developments. · Development of policies for assisting, encouraging, and motivating developers to streamline use of recycled water in residential units. It is recommended that negotiations with Otay Water District be continued with a view toward meeting the concerns ofOWD through provision ofHOA controls oflandscape irrigation, construction of dual plumbing, cross-connection controls, and backflow pre- vention, meeting Title 17 requirements, obtaining maintenance easements from new homeowners for inspections and tests, possible acquisition of indemnification agree- ments, and other needed improvements. It is recommended that a serious effort (including legislative advocacy at the federal level) be launched to secure grant and loan funding for support ofrecycled water systems in residential deveJoprnents, to encourage developers to include the necessary dual plumbing at the initial construction stage-when the cost of dual plumbing is most af- fordable. Bahman Sheikh 45 CitLofÇl:1,l!a Vista Wat~!_Use Efficiency Strate~i~~_ ......"--......-...--.- . .____~pr!!J.O-'-2ºº2. It is recommended that every gallon ofrecycled water, to be used in any part of the ex- pansion areas noted above, be counted (converted to a per-unit basis) toward meeting the overall water conservation goal for that development plan. Bahman Sheikh 46 City of<2~ll!~_.\.'ista W ~t:.r_Y~~1':æ~i~11.cY_~I1:~~~_~~es_____ -------_._~---"---_.,. ~!!1.IQ,_2g02 SECTION V GRAY WATER A. Description Gray water is untreated wastewater salvaged rrom baths, showers, clothes washers, and lavatories for use in irrigation of residential or other landscaping. The simplest form of gray water use is where used bath water is taken out with buckets or a hose and applied to the plants. More elaborate systems are available on the market, and some meet the legal requirernents currently in place. This section concerns itself solely with gray water sys- tems that meet the requirements of Appendix G of the California Plumbing Code. Federal Law There are no federal regulations affecting gray water use. State Requirements The state requirements for use of gray water are contained in Appendix G of the Califor- nia Plumbing Code. This appendix provides detailed and strict plumbing design re- quirements for the collection system, storage, overflow, bypass and distribution of the gray water. The detailed design features are so conservatively crafted as to prevent or preclude the possibility of accidental exposure, cross-connection, or runoff. Appendix G of the California Plumbing Code defines gray water as follows: "Graywater is untreated waste water which has not come into contact with toilet waste. Graywater includes used water rrom bathtubs, showers, bathroorn, wash basins, clothes washing machines and laundry tubs or an equivalent discharge as approved by the Administrative Authority. It does not include waste water rrom kitchen sinks, photo lab sinks, çiishwashers or laundry water rrom soiled diapers." Separation of clothes washer effluent containing diaper wastes rrom the gray water stream is achieved by manually turning a three-way valve to divert the flow to the sewer temporarily. This needed maintenance and control at the level ofthe horneowner is one ofthe weaknesses in gray water systems often cited by regulators in opposition to widespread use of gray water in the landscape. A key re- quirement of Appendix G is that the irrigation system must apply gray water at a depth of 9 inches below the soil (or mulch) surface. Local Requirements The San Diego County Division of Environmental Health relies on the California Plumb- ing Code Appendix G in reviewing applications for approval of gray water systems. Any applicant would be subject to site inspections and possible soil percolation tests56. Atti- 56 "\\Then a percolation test is required, no mini-leachfield system or subsurface drip irrigation system shall be pennitted if the lesl shows Ihe absorption capacity of the soil is less than 60 minuleslioch or more rapid Ihan 5 minules/inch, unless otherwise pennitted by the Administrative Authority or a designee of the Ad- ministrative Authority." Source: Appendix G, Cahfomia Plumbing Code. 1997. Bahman Sheikh 47 c:ltL?LC:~\lI~Yi~ta W::t!:: Us~~f!icieE-9 Strat~gies ------------- ~------------- .. ......___ 'April!º,_~OQ2 tudes of regulators toward gray water systems are generally less than enthusiastic. Regu- lators tend to err on the side of safety and prevention of the possibility of human exposure to wastewater. Gray water is wastewater, and can potentially contain fecal matter. Some public health authorities tend to go to great lengths to prevent even the most remote pos- sibility of abuse, misuse, or inattentive operation that might result in inadvertent expo- sure. They do so by not allowing the use of gray water at all, or by making it so expen- sive to comply with the required restrictions as to make it prohibitive for most residents. The conservative attitude ofregulators toward gray water tends to soften somewhat dur- ing drought emergencies. B. Technical Information The most logical use of gray water, whether trom a residential dwelling or trom cOmmer- cial or institutional sources, is for irrigation of landscaping near the point of generation of gray water. However, landscape irrigation is not the only possible use of gray water57 The Uniform Building Code Appendix G does not provide for toilet flushing with gray water. Nonetheless, a major hotel in San Luis Obispo (The Apple Farm) obtained per- mission to do so during the last elongated drought and to recycle gray water fÌom its laundry operations (trom washing sheets and towels used by the guests) for flushing toi- lets in the guest rooms. Another, less common, use of gray water is washdown of work areas. Uses for which gray water is not suitable include potable applications, food prepa- ration, and irrigation of vegetables and fÌUit whose edible parts may come into contact with the water. To determine at what point use of gray water becomes cost effective, an analysis was per- formed for several sizes of irrigation areas-maintaining the household size at 3.2 resi- dents. The result is shown in Figure V.1, where a logarithmic relationship appears to ex- ist between the size of the irrigated area and cost-effectiveness58 The breakpoint appears to be around 2,300 sq ft, above which the benefits exceed the costs ofirnplementing gray water systems. The staff of the City of Chula Vista determined that a minimum lot size of 6,000 square foot would be needed to provide the 2,300 sq ft landscaped area. At lot sizes with smaller landscape areas than 2,300 sq ft, the numerical cost-effectiveness of the systems is doubtful, unless non-quantifiable benefits (such as reduction of urban run- offtrom conventional irrigation with sprinklers) can be somehow taken into account. Ifa homeowner wishes to utilize gray water on a smaller lot, in spite of adverse economics, the choice should remain in the hand of the homeowner. 57 In Arizona, toilet flushing is allowed with gray water. In Japan, use of hand wash basins mounted on top of the toilet tank-for reuse of the handwash water for the next flush-is very common in residential and commercial toilets. 53 The protocol for calculating benefit cost ratios of various alternatives is discussed in Section III, above, and further applied to gray water in the following section. Bahman Sheikh 48 ~íty _oLÇ~I1}~ Vista Wa~e~_!:!.s.~E.fìiciency Str~teg,i~s_______~_ Figure V.1 1.6 0 1.4 f- e:( 1.2 a:: f- 1 (/) 0 0.8 ü - f- 0.6 u.. l1J 0.4 z l1J CO 0.2 0 0 - _._--~---~_._......._._. __ 'AprillQ,?ºº~ Relationship between Area ofIrrigated Landscape and Cost-Effectiveness. I , I Î I The breakpoint appears to be around 2,300 sq ft, above which the benefits exceed the costs of implementing gray water systems. 1,000 5,000 7,000 2,000 3,000 4,000 6,000 AREA OF IRRIGATED LANDSCAPE, Sq Ft C. Water Savings and Costs The amount of water that can be saved with a gray water system can vary greatly with the size of the family generating gray water, size and type oflandscaping to be irrigated with it. evapotranspiration rate, rainfall, method of irrigation, and other factors. Holding con- stant as many of these parameters as possible, and assuming certain climatic conditions prevalent in Chula Vista, an analysis was made for the amount of potable water that can be saved by using gray water for irrigation at an average single-family dwelling with 3.2 residents, irrigating an area of 1,200 sq ft of shrubbery and lawn. Savings of potable water are calculated by subtracting the necessary amount of supple- mental potable water-gray water generated is not adequate for all the irrigation de- mands-from the amount of water that would have been needed had a standard sprinkler irrigation system been in use. Sprinkler systems have a lower efficiency of application than a comparable subsurface drip irrigation system. These differences are accounted for in the calculations in Table V.l. Complicating factors in these calculations include peri- ods when the family is away (for example, on vacation), times when guests increase gray water production rate, periods of extended drought, and months of above-normal rainfall. For planning purposes, average-condition calculations are deemed adequate to establish a baseline for decision-making. The analysis, shown in Table V.1, concludes that a "typical" household using gray water for landscape irrigation, with an irrigated area of 1,200 sq ft, can save a total of about 46,000 gallons (0.14 acre-ft) per year over the amount of potable water that would have been used in a typical sprinkler system. Houses with larger landscaped areas will save 49 Bahman Sheikh c:i]:'?Lc:h~I~~ista Wat~E1J~~¡;:[Q~i~E"y_Strate~i~s_ "-..-.~._._._-"."-"-_." ._~~!,~illO,2002 considerably more potable water-for example, 76,400 gallons can be saved per year at a home with 3,100 sq ft oflandscaping. Table V.l Water Savings Due to Use of Gray Water for Irrigating A 1,200-sq ft Landscape 12345 678 9 Gray- Demand, Demand, water Supp- with Sub- Produc- lement Water Sprinklers surface tion Needed Savings" (gallon) (gallon) (gallon) (gallon) (gallon) 2,010 _..L~~ 3,8".0_ 0 2,9_10 2,5~__.__.l,933 3,8~º. 0 2,5.6_8 3,462 2,606 3,840 0 3,462 4,132 3,110 3,840 0 4,132 5,472 4,119 3,840 279 5,193 5,249 ._3,951 3,8~9._ 111 ?2l~§ 6,142 __.~,623 },8_~0 783 5,3.~? 5,472___4,119 _~,§.~O..__ 279____??1?ª 5,0~___3,782 _3.&~0 0 ___."??Q.~? 3,797 __.~?~_,ª.&~O__ 0 .._._3_,??7 2,457 1,849 3,§_~0 0 2,4?7 1,898 1,429 3,840 0 1,898 47,684 35,892 46,080 1,451 46,233 Month January ..----.--- February _._~-- March April May June July August September ------ October November December Total E.T. (inch) 2.2 2.7 3.4 3.8 4.9 4.7 5.5 4.9 4.5 3.4 2.4 44 Volume Effective Needed Rainfall Net E.T. for Eto (inch) (inch) (gallon) 0.4 1.8 1,346 _.!1..~__.~~-.l,721 0.3 3.1 2,319 0.1 3.7 2,768 o 4.9 3,665 o 4.7 3,516 o o 5.5 4,114 10 4.9 3,665 3,366 2,543 1,646 1,272 31,942 Other Benefits of Gray Water Systems In addition to water savings, gray water systems have the added benefit of reducing dis- charges into the sewer system. The reduction in community sewerage system (collection, treatment, disposal) loading may not be significant unless a large percentage of house- holds adopt gray water systems. Even then, the greatest benefit would come during the dry seasons, when the sewers are typically not overloaded. Still, the hydraulic loading reduction and treatment cost reductions may become significant if enough residential and commercial gray water systems are installed and operated. o 4.5 In the case of households relying on individual treatment and disposal systems, gray wa- ter systems can provide a significant benefit in extending the life and performance of their septic and disposal systems. In the unsewered areas of Southern California, the prime motivation of those installing gray water systems is precisely this wastewater re- duction benefit. However, if sewer slopes leading away from the house are inadequate (too shallow), reductions in flow--due to shunting away of gray water---can cause in- creased incidences of clogging and its unpleasant consequences. This possibility has been exaggerated to an extent by some of the opponents of gray water. However, it is a ---- o 0.2 3.4 2.2 ----.-.----- 2 0.3 2 1.7 42.7 "Water savings are calculated by subtracting the necessary supplemental potable water (column 9) trom the amount of water that would have been needed using a typical sprinkler irrigation system (column 6). Bahman Sheikh 50 Çity ofC:l1¡¡I~_V ism W a~el'_t¿~e_~~~cienc¿'_?t:a~,,-~j_,,-s________ .................."...-.....-".....-- ____ _ ___ 'Aj)ril]0,2002 real possibility and tends to pinpoint an existing problem with the household plumbing, and not a general flaw in gray water systems, per se. Gray Water System Costs It is widely acknowledged that simple, inexpensive, gray water systems, not meeting plumbing code provisions, are in use in various parts of California. The extent of such illegal installations increases dramatically in drought periods, especially in areas with emergency cutbacks and punitive rates for excessive water use. Persons utilizing such systems not only take on the risk of exposure to contaminated water, they are in fact also in defiance of legal provisions intended to protect the community. Direct system costs associated with such code-defying systems, low as they may appear in the short-run, are irrelevant to the discussion in this report. The California DWR Gray Water Guidéo estimated the materials cost of a legal gray wa- ter system at about $750 in 1994--excluding the cost for permit fees, rental equipment, professional installation, and maintenance. Updating the materials costs to the year 2001, and adding an estimate for the excluded costs brings the total to about $1,500 for a homeowner capable of doing most of the work themselves. Legally permissible commercial gray water systems are relatively few on the market at the present time. One option is offered by Oasis Design61 of Santa Barbara, California. It is the so-called "Branched Drain Greywater System,,62, which is based on gravity flow through pipes larger than 1.5" and designed to be maintenance-free for at least one year. These systems are particularly well adapted to gently or steeply sloping lots, larger lots, and those landscaped primarily with trees.and shrubbery. The cost of these fully auto- mated systems is given in the range of $2,000 to $6,000 per unit depending on the size of the household served. Another system on the market is the gray water system marketed by Rewater Systems, Inc. of Chula Vista, California. This system is fully automated, with filtration and pumping equipment. These systems have been offered in recent times at the installed cost of $4,560 per unit with a one-year installation warrantl3. Energy, labor and materials needed for system maintenance are claimed to be $13 per year. To summarize, the following cost options may be the realistic range of legally permissible gray water systerns options available to homeowners in the City of Chula Vista, who would voluntarily install a system or buy a commercial installation: Homeowner Installed Systems $1,500 Oasis Design, Low-End $2,000 Oasis Design, High-End $6,000 ReWater Systems, Inc. $4,560 Average of Above Costs $3,515 per installed unit óO California Deparnnent of Water Resources, "Using Graywater in Your Landscape: Graywater Guide", December 1994. 61 Mention of specific suppliers of gray water system does not necessarily connote endorsement of any or all systems mentioned or criticism of any suppliers left out. 62 Ludwig, Art, "Create an Oasis with Greywater", fourth edition, February 2000, and supplement: "Branched Drain Greywater Systems", May 2000. 63 Letter dated June 8, 1999 to William R. Hamilton, Ayers Land Company ITom Stephen Wm. Bilson, ReWater Systems, Inc. Bahman Sheikh 51 City 0f~~u!~_Yi~ta 'Y~!er U~~g!fl(:i_eE~X~!I'~~~ies______ ........ ..._~,^,J1ril.1º,2002 Assuming a $3,515 per unit capital cost, a life expectancy of20 years, and a discount rate of 7 percent, the annualized cost of the system is $332 per year. Allowing for annual op- erating costs of$1364, the total cost of$345 translates into a unit cost of water saved of $2,341 per acre ft65. This analysis does not include any backflow prevention valves (es- timated to cost $225 per residential unit) that might be required on the potable water sys- tem in the residences equipped with gray water. Combined with the cost of annual in- spections66, such requirement would increase this unit cost even further. Logically, such provisions should not be necessary, because gray water systems operate at very low pres- sures (less than 15 psi, compared to normal pressures of above 50 psi in the potable water distribution system) or under gravity, making the probability of back flow into the potable system extremely low67. A storage tank on the residence's hot-water system may also be required under some conditions to prevent thermal expansion problems due to the pres- ence of a backflow preventer. In that case, the cost escalates even further. These varia- tions are summarized below: System Component Basic Gray Water System With Backflow Prevention ._n_ __ With Expansion Tank Incremental Capital Cost ($) 3,515 225 1,500 Incremental Operating Cost ($/Year) 13 50 o Total Unit Cost ofWater68 ($/ Acre- ft) 2,341_______ 2,824 3,785 Feasibility of Gray Water Systems A calculation of benefit/cost ratio for gray water systems, was performed, similar to the one shown for recycled water. The results are presented in Table V.2. Clearly, the nu- merical feasibility is less than one, indicating that the benefits do not justify the costs, even with a high benefit allocation for the sewer flow reduction attributable to use of gray water systems. Therefore, the general feasibility of gray water systems is doubtful under the conditions prevalent in the City of Chula Vista. '" A recent analysis for the City of Chula Vista estimated elecnicity costs at $10.88 per year, and ñlter bags at $2.00 per year. " This ñgure is obtained by dividing the annual cost of the gray water system by the number of acre-f! of water saved, in this case 0.147 AF. 66 Backflow preventer at retail is assumed to cost $225. It is estimated to require one hour to install on the potable system, at $50 per hour. Annual backflow testing is estimated to take one hour for each unit, at 550 per hour. " One scenario for potential backflow of gray water into the household (and hence community) potable water system is as follows: One or more gray water outlets somehow overflow, resulting in water coming to the surface, and ponding to a depth such that if the open end of a water hose, connected to an open spigot, were lying in the pond and if at the same time the community water supply pressure dropped below zero, then suction would result in entrance of gray water into the water pipes and out into the main distribu- tion system commingling with the community water supply. Improbable as the combination of these events may be-and equal as the consequence is to a similar situation in a household without gray water- they can be cause for concern among public health and cross-connection authorities. 6S This figure is obtaioed by dividing the annual cost of the gray water system by the number of acre-f! of water saved, in this case by 0.147 AF. Bahman Sheikh 52 S:Lt)· ofº~~l~~ista W ~!~¡¿~e_§ffi~~nc~~trategies "-~~--_._.__.__._._,._._- .. ..............-----....------ _____ __ _ _____~~IJEiU9}_~902 Table V.2. Benefits and Costs of Gray Water Systems for Residential Landscape Irrigation Benefit or Cost Water Saved Value of Saved Water Other Benefits Value of Other Benefits PW, Total Benefits Capital Cost o & M Cost Cost of Administration Present-Worth of Annual Costs Total Costs, PW Life of Option Benefit/ Cost Ratio Saved Water Life-Cycle Cost $/AF Value 46,000 1,758 Sewer Reduction, Runoff Reduction 1,059 2,818 3,515 13 50 785 4,300 20 0.7 1,524 Unit gpy/unit $ $ $ $ $/yr $/yr $ $ Years These calculations were based on a system installed at a residence with 1,200 sq ft of ir- rigated landscaping. As shown in Figure V.1, size of irrigated area is a major determi- nant of the economic feasibility of gray water systems. As the size of the irrigated area increases, benefit/cost ratio increases, until it reaches one (1.0) at an irrigated area size of 2,300 sq. ft (e. g., a yard with 46 ft x 50ft dimensions). Most housing plots in Chula Vista are much smaller than these dimensions. It is possible that under some conditions, for specific individuals, with larger lot sizes, it may make economic sense to purchase, install and operate a gray water system. Under these circumstances, it would be ideal if the construction of the residence allow for stub-outs that enable the homeowner to per- form the installation without a major re-plumbing of the house drainage system. Gray Water Stub-Outs Gray water stub-outs can be provided in newly constructed homes, so as to make the home gray-water ready. A homeowner deciding to install gray water systems would then not need to separate gray water sources from toilet and kitchen wastewater sources, which can be prohibitively expensive, especially if the drainage system is buried in con- crete subflooring at the time of construction. Stub-outs, by themselves, do not result in any water savings. However, they provide the opportunity for homeowners to install a new system with no additional plumbing expense. As a drought measure, to save valu- able landscaping in a period of severe water rationing, this is a beneficial feature on new homes built in a desert environment. The additional cost of plumbing, venting, provision of electrical outJets, a fresh-water stub-out, and a pad for the future storage tank is esti- mated to average $150 per residence. The lot-size limitation of 6,000 sq ft (to provide adequate landscape area for a cost-effective gray water system) may also be applied to the stub-outs. However, the City may elect to leave the economic feasibility decision up to the horne-owner, in which case, all units may be allowed to be equipped with stub- outs. Bahman Sheikh 53 Cil[!1Xº~¡¡]~ Vista W a~~~¡¿s:_gf!i~~!1c2'.~trate¥.~~___________ .... .m...."~~_..__".".._.".~______ .____~EiUº,~002 The stub-out may be located in a closet with a walled-in enclosure and restricted access, to be opened only by a licensed contractor after obtaining the necessary permits trom the City planning and building departments. Furthermore, the stub-outs would be accompa- nied with the code-required warning sign69 and additional information about the legal procedures necessary to activate the stub-outs. In addition, it would be advisable to amend local building requirements for labeling of the stub-out location with stronger lan- guage, defining the homeowners responsibilities and liabilities. Homeowners would be notified about the existence of the stub-out, and the conditions that rnust be met prior to its utilization. If the homeowner decides to connect a gray water system to the stub-out, s/he will be re- quired to obtain a permit from the City Building Department. The permit would specify the requirements of California Plumbing Code Appendix G, thus precluding the unfavor- able circumstances feared by some. It would be advisable-though not legally neces- sary-to post a sign to this effect inside the closet reserved for the stub-out. Liability for any illegal or improper use of gray water or the stub-out should rest with the homeowner, because there already exists a legal framework for its proper use70. D. Issues and Concerns Regulatory Issues State of California The current, revised California Gray Water Standards were issued in 1997. These stan- dards allow use of gray water for below-ground irrigation of landscaping in single- and multi-family residential, commercial, and institutional structures. Contained in ten pages of text and drawings, these standards specify in detail the design and operation of a gray water system that reduce the possibility of human exposure to gray water to near elimina- tion. Gray water systems cornp1ying with these standards are deemed safe, with specific provisions that respond to objections raised to uncontrolled use of gray water. For Ap- pendix G standards to be in force, each county in which gray water systems are to be permitted must specifically adopt them. The California Department of Water Resources published a "Graywater Guide: Using Graywater in Your Home Landscape" in December 1994, providing a seven step process for the do-it-yourselfhorneowner to plan, design, permit, install, and operate one's own gray water system meeting all applicable regulations. 69 The required wording: "GRA YW A TER STUB-OUT, DANGER-UNSAFE WATER" is spelled out in Appendix G of the California Plumbing Code. 70 It has been suggested that indenmification, favoring the City of Chula Vista, be sought from every home- owner purchasing a home equipped with a gray water stub-out. It is our opinion that this is neither neces- sary nor useful. It would have an adverse psychological impact on those who would help conserve water by reusing gray water for irrigation of landscape, discouraging its use in at least some cases. (None of the statements in this document should be viewed as "legal opinion", per se.) Bahman Sheikh 54 City ~s:~,:la Vista Water Use Efficiency Strategies_ -.---.------...----..- .._~ ApriI.!.Q¿ºº2 Local Regulatory Issues Based on an OWD letter 71, the local water purveyor is concerned about its potential par- ticipation in a gray water program. While Otay Water District does not specifically de- cline to participate, it clearly wants to be indemnified and compensated for an estimated cost of $273,000 per year. The District has calculated staff resources costs based on its perceived responsibility for "inspection, monitoring, reporting, and ensuring regulatory compliance for each gray water system installed in the District." The San Diego County Health Department provides advice and site inspection before permits are issued. The Department insists on complete compliance with the require- ments of the California Plumbing Code. The City ofChu1a Vista's role would be to issue individual permits for gray water sys- tems, and to ensure that compliance with the provisions of the California Plumbing Code are incorporated in the permits. This provides an opportunity for the City to recoup any costs of inspection and to seek easements for inspection and monitoring. Otay Water district has expressed doubts about the economics of gray water systems and has voiced numerous concerns about use of gray water, listing the following- paraphrased and summarized for brevity-in a recent letter to the City of Chula Vista. Irrigation: Subsurface irrigation of turf grass is relatively new and unfamiliar to most homeowners, making it difficult for the layperson to match turf water needs. Emitter Depth: Required depth of application is too far fTom the root zone of turf grass, and may result in over-application of water by the homeowner, causing gray water not to be absorbed. Customer Commitment: Lack of a sustained commitment to maintain an efficient graywater system, by both current and future homeowners, may ultirnately lead to cus- tomer dissatisfaction and the user's defeat of the system. Sewer Lateral: A significant reduction in the total volume of household drain discharge could lead to the accumulation of solid waste in the household sewer lateral, requiring more fTequent cleaning to avoid sewage backups. Public Health: The Department of Health Services holds the water supplier to maintain backflow preventers on the customer's potable water supply line directly behind the me- ter. A second device may be required on the gray water plumbing to protect the occu- pants of the home. The DOHS also charges the water supplier with the responsibility to monitor and inform regarding appropriate uses of gray water. . . 71 Camarillo, Mateo R., "Otay Water District Participatioo in graywater Programs", letter ITom Acting General Manager of OWD to Mr. Dave Rowlands, City Manager, City of Chula Vista. dated March 27, 2001. Bahman Sheikh 55 Cit)~~f<::~u~a_ v ista""~t~r~Js~~!.f!~i~n::t~!J:ategies______.___ ......_."."....~--- _...._. .._.. __~p_ril}º,2002 Liability: If the district assumes responsibility for authorizing gray water use on private property, it may be held responsible in case of system failure, or if someone becomes sick. The inability ofthe District personnel to monitor or control the potentially hazard- ous variables associated with these private systems is a major concern to the District. Developers' concerns about gray water installations or stub-outs in new homes are simi- 1ar to those of the Otay Water District, listed above. They are particularly concerned about the liability issues, which they maintain, can crop up for as long as ten years after the houses are initially sold. These concerns are neither frivolous nor trivial. They arise from worst-case scenarios, which have a reasonable probability of occurrence. Each concern can be addressed tech- nically, and legally. Adherence to the provisions of Appendix G of the California Plumb- ing Code and regular maintenance can address most of the issues raised. The economic concern is the most difficult to address, because of the different perspectives taken and methodologies used. For example, the OWD letter appears to value water at the water rates OWD currently charges its custorners, rather than at the rnarginal cost of the next probable source of additional new water supply. The liability concern can be addressed through purchase of special "water quality" insurance. Developers' Issues Because there is a sophisticated regulatory system in place, as described above, and be- cause the water supplier has expressed a responsibility for inspection, monitoring, report- ing, and ensuring regulatory compliance for each gray water system installed in the Dis- trict, the developers have little to fear in terms of responsibility for the systems after they sell the units. Unless, of course, as in any other feature of the homes, there is a defect in manufacture or in the way systems are constructed and plumbed. For example, if the plumber happens to connect black water lines to the gray water system or to the stub-out, obviously, they should be held liable for that mistake. Otherwise, as long as provisions of the California Plumbing Code are adhered to no one is expected to experience any ex- posure to undue liability. Program Implementation Issues Probably the most effective way to assure success of gray water systems is by providing a systematic inspection and monitoring program. This program can be established either at the Otay Water District or at the City ofChula Vista. In either case, it would use the Plumbing Code provisions as the criteria for assessing compliance and continued ability of an individual system to produce and use gray water. An essential initial implementation issue is conditioning of the soils in the landscape ar- eas öf new homes. Because the emitters of gray water must be buried nine inches below the surface, it is important that the soil have a high capillary potential, enabling water to wick (sponge) up and out from its point of application. This can be accomplished with addition and thorough mixing of organic matter in tl1e form of compost at a rate of at least two percent in the top ten inches of the soil surface. Provision of a three-inch thick Bahman Sheikh 56 Çityo~,ÇÈ~l~ Vista ~~~er_!!s_~_EfficiencyStra~_~~i~~__~ ----.-----...----.----- _____ _____~prjLlQ,_~Q02 mulch would enable an effective emitter depth of six inches, making the water more read- ily available to turf roots. E. Conclusions and Recommendations Conclusions Gray water systems are controversial. Because of their high initial cost, few individuals are likely to adopt them. Those who voluntarily adopt them, will likely be conscientious and meticulous in maintaining a legal and well-operated system. There will be few inci- dences of failure. In the absence of a monitoring system, failed systems may cause envi- ronmental and public health problems for the occupants and even possibly for the neighbors. Those systems that stay well-maintained, will conserve relatively large amounts of water. The cost of saved water appears high based on current system costs and water prices. However, if the homeowner is willing to bear those costs to be a good citizen, or to save valuable landscaping in a drought situation, the saved water would be a boon to the community. Recommendations It is recommended that gray water stub-outs be one of the options for new homes even though no direct credit for saved water can be applied to mere stub-outs. A credit of 4,000 gpu/yr can be assigned to adoption ofthis option by a developer. This recommen- dation would be moot in a development where recycled water service for single-family residential landscape irrigation is already planned. It is recommended that gray water systems be encouraged as a voluntary water conserva- tion system by any homeowner, willing to purchase and install a gray water system, and to comply with the Plumbing Code provisions. The lot size limitation-greater than 6,000 sq ft-is for economic feasibility, and may be waived for a voluntary installation by a homeowner. Any systems installed by the developers would be given a credit of 46,000 gallons, (after conversion to "gallons per average unit" basis). For example if 50 units in a 200-unit development are completely equipped with gray water systems, the allowed credit would be calculated thus: 46,0000 x 50/200 = 11,500 gpu/yr. It is recommended that the City continue to pursue State financing for a pilot proj ect to determine large-scale feasibility of gray water systems72,73. The pilot project would help respond to the concerns raised by Otay Water District in its letter regarding possible par- ticipation in the City's gray water program. It would also help provide streamlined tech- niques to deal with problems as they arise. Any developers agreeing to participate in the City's Gray Water Pilot Project (by installing the systems, providing info=ation to the 72 Application for grant and loan funding for 650 units is curreotly pending at the State Water Resources Control Board. 73 The City of San Diego is currently fInancing installation of20 gray water systems for a pilot project in Remington Hills, for the purpose of determining actual water savings. Source: Personal connnunication with Mr. Luis Generoso, City of San Diego Water Conservation Coordinator, August 8, 2001. Bahman Sheikh 57 City ?Lg~la Vista Wate~ Us-=-!'LficiencYJ!tra!:~~:s______ ..m...."_ .__.__.__"_____....u__. ....___~:"_1'!iUO,2002 home-buyer about the paran1eters of the pilot project and cooperation in its conduct) would be given full credit for each system (as described in the above calculation.) It is recommended that any developer who installs gray water stub-outs should be given credit toward meeting the City's water conservation goals, set in Section III, above. Since stub-outs, per se, do not save any water at all, the credit would necessarily be of an equivalency nature. For the purposes ofthis study, it is recommended that a credit of 4,000 gpulyr be allowed for stub-outs installed at each unit. The gray water stub-out pre- serves the option for gray water installation into the future years. In drought years, in particular this may be a valuable water conservation opportunity for the homeowners in- tent on saving their landscaping against mandatory water rationing. It is recommended that all liability and responsibility for compliance with the Plumbing Code rest upon the homeowner using a gray water system, or having an unused stub-out on the premises. The legal system already provides for this, because of the requirement for obtaining a permit and the City's ability to write permit conditions. However, it may be deemed desirable to go further and require each home-owner applying for a permit for a gray water system to sign a document indemnifying the City, the water district, the de- veloper, and others remotely connected with the system. The possible benefit ofthis re- quirement should be weighed against its potential harm, as a psychological deterrent to use of the systems. The subtle message given by such a requirement would be: "all the intricate requirements of Appendix G of the California plumbing Code notwithstanding, the City, the District, and the developers are not convinced that gray water use is safe." The inside of a gray water storage tank Bahman Sheikh 58 RESPONSE TO COMMENTS ON WATER USE EFFICIENCY: STRATEGIES FOR PROPOSED RESIDENTIAL DEVELOPMENTS Bahrnan Sheikh, Ph.D., P.E., Water Reuse Consulting The City of Chu1a Vista received three sets of comments on the Draft Water Use Efficiency Report. The comments originated from the San Diego County Water Authority, Sweetwater Authority, and ReWater Systems, Inc. Responses to each are presented in the following sections, separated by headings reflecting the source of comments. SAN DIEGO COUNTY WATER AUTHORITY The SDCW A provided COmments in a letter dated March 11,2002. Responses follow: 1. Page 8. The correct spelling of "Energy Star®" is noted in the next draft. 2. Page 8. Reference to the Consortium on Energy Efficiency (CEE) will be added, along with SDW A's policy of using the CEE list to determine eligibility for both residential and commercial clothes washers offered a financial incentive through the SDW A Voucher Program. 3. Page 11 footnote. The correct spelling of "Mary Ann Dickinson's name" is noted in the next draft. 4. Pages 13 and 31. The information about SDCW A's HEW Voucher Program will be reflected in the discussion of Otay Water District and Sweetwater Authority, and in the section on Financial Assistance. The author appreciates the correction. 5. Page 13 sidebar. The correct spelling of "Peter MacLaggan's name" is noted in the next draft. 6. Page 18. Wherever data from independent sources were available, they were used in preference over manufacturer data. In the case of on-demand water heaters, we had to rely on manufacturer claims, which are probably somewhat exaggerated. 7. Page 19-20. Dual flush toilets. A note will be added to indicate the need for modifying behavior for the success of these devices. 8. Page 20. Waterless urinals. In the future, perhaps SDCW A would support installation of waterless urinals in new construction as well as in replacement of older water consuming toilets and urinals with ultra-low-flush models. 9. Page 21. Reference to the Consortium on Energy Efficiency (CEE) wi11 be added, along with SDW A's policy of using the CEE list to determine eligibility for both residential and commercial clothes washers offered a financia1 incentive through the SDW A Voucher Program. 10. Page 21. The correct spelling of "models" is noted in the next draft. 11. Page 21. The reference to top-loading, horizontal-axis machines wi11 be appropriately changed to reflect the commentor's input. ATTACHMENT 9 ~i!)' of Chula Vista _____ w~~~ lJs~.!ifficienct:-:-Response toC~mments_ .---- _~APril~°.J°°.2 current controllers. The claim that RWS units never need maintenance is untenable. 5. Page 5. The stub-out simply preserves the option for future connection to a gray water system. For example, in a slab-on-grade type of construction, the sources of gray water would be separated from black water before pouring concrete, and forever foreclosing the option. A stub-out does not necessarily need be connected to an automatic system or one requiring a sophisticated irrigation controller system. The stub-outs need not necessarily meet the specific requirements of a R WS unit, or any other brand of gray water system. Other compliant brands and home-made systems can qualify and be permitted to connect to the stub-out. 6. Page 15. Additional Water Conservation Efforts. This report deals entirely with new construction. RWS recommendations are outside the scope of this report. 7. Page 21. High-Efficiency Washing Machines. HEWs are recommended, as a rnandate, only in multi-family homes for communal and coin-operated washing machines. The City ofChu1a Vista is working with developers to incorporate, voluntarily, water conservation options into the developers' Water Conservation Plans. The City is not mandating such measures at this time. 8. Pages 23-24. Water-Efficient Landscaping. Comments and recommendations noted. 9. Pages 24-25. Xeriscape. While addition of soil amendments and mulch irnprove water holding capacity and reduce surface evaporation, their specific application is site specific and is considered to be a matter of detailed design for each individual landscape. These are two of the seven principles of xeriscape. 10. Page 25. Evapotranspiration Controllers. The RWS COmments about ET Controllers appear to ignore the well-documented published data on costs and water savings, referenced in the report. 11. Page 27. Soil Moisture Sensors. Comments noted. These devices are not recommended by the report. 12. Pages 28-30. Summary of Water Savings and Option Costs. The opinion of RWS is respectfully acknowledged, even though no substantiation is provided by RWS for the great cost differences claimed by RWS. 13. Page 30. Program Implementation Issues. We concur with RWS that a water saving horne would save the owner money every month and that should be a selling feature for the developer and builder. This point has been enunciated at meetings with developers. Nonetheless, their primary concern appears to be with costs and cost differentials of any proposed additional feature in a new home. 14. Page 37. Description. The State Legislature overwhelmingly voted for the change ÍÌ'om "reclaimed water" to "recycled water". The California Legislature has consistently approved and governors have signed bills (over 30 in the last two decades) favorable to water recycling. This is largely because of the well- documented safety and demonstrated benefits ofrecycled water. -~-~--~ ------~ ---------- Bahman Sheikh Page 5 DRAFT <::It¿o~Chula Vista__ Water Use Efficiency-Response to Comments 'April 10, 2002 15. Page 37. State Requirements. RWS is grossly incorrect with respect to "fines for the misuse of recycled water". The relevant section tTom the California Health Laws Related to Recycled Water2 is directly quoted below: 116820. Violations Any person who violates any provision of this article, violates any order of the local health officer pursuant to this article, or knowingly files a faise statement or report required by the local health officer pursuant to this article is guilty of a misdemeanor punishable by a fine not exceeding five hundred dollars ($500) or by imprisonment not exceeding 30 days in the county jail or by both such fine and imprisonment. Each day of a violation of any provision of this article or of any order of the local health officer beyond the time stated for compliance of the order shall be a separate offense. 16. Page 37. R WS further states that.. .recycled water poses a health threat... because of spikes in the pathogen content of recycled water. This is simply untrue. No pathogens (ZERO) are tolerated in disinfected tertiary recycled water, approved for use, at any time. Many virus analyses and other pathogen studies in various parts of the State (Los Angeles, Orange County, Monterey, to name just a few) have confirmed the continuously pathogen-free character of disinfected tertiary recycled water, even when indicator coliform levels spike above the 2.2 MPNIlOO mL standard. The permitted spikes in coliform levels (up to 23 MPN/mL) are narrowly defined, monitored, and controlled and they DO NOT constitute pathogens. It is a matter of record that no one has ever gotten sick-let alone die-from ingestion of recycled water, even though there have been five documented cases of inadvertent cross-connection, over the last two decades, with recycled water entering residential water supply for varying periods of time. The RWS claim ("if somebody were to ingest recycled water during a spike, they could become seriously sick or die") is completely unfounded. 17. Page 37. RWS further states that"... the use of "recycled water" presents water quality challenges that are not as serious in greywater..." Specifically with regard to salinity, the author of the report concurs. This point, however, is irrelevant to the State Requirements section of the report. 18. Page 39. Technical Information. The impact of grants upon the actual cost to the individual resident is a matter of social policy, determined democratically at the political level. Such grants and subsidies pervade all public services and they do cornplicate fair comparison of alternatives. See comment 1, above. 19. Page 39-40. The $2,500 per unit cost of recycled water service to the residences was derived tTom actual experience in a development in Northern California (Serrano Project in El Dorado County) where all the normal California requirements, including purple pipe, were met. Note that construction cost index 2 "California Health Laws Related to Recycled Water", also referred to as "The Purple Book", Excerpts rrom the Health and Safety Code, Water Code, and Titles 22 and 17 of the California Code of Regulations, Last Update: June 200 I. ------.------..------- ----~-----_._--_._--- Bahrnan Sheikh Page 6 DRAFT C:i!y_ of Chula Vista Water Use Efficiency-Response to Comments 'April 10, 209~ for Northern California is higher than that for Southern California. Therefore, the $2,500 per unit cost is not an under-estimate. 20. Page 41. Financial Assistance for Water Recycling. We concur with the fact that all fmancia1 assistance for water recycling is also available for qualifying gray water projects, but we must respectfully differ about the need for "fighting the California Water Reuse Association3 ..." 21. Page 41. Conclusions and Recommendations. RWS claims that "...a greywater system produces almost the same amount of usable water for the same landscape..." as does recycled water. This is not true. Recycled water can meet all the household irrigation demands all year round, with no need for supplemental potable water. Gray water systems typically cannot meet the full demand for water during most of the irrigation season. In fact, the San Diego County Water Authority has commented that "The estimate of annual water savings (46,000) is higher than the estimate the Authority uses (35,000)" for gray water systems (in gallons per unit per year). 22. Page 46. Gray Water State Requirements. "Dirty diapers washed in washing machines" is a key point in the very definition of gray water. This point cannot be dismissed with "virtually nobody washes diapers in their clothes washer", as claimed by RWS-without substantiation. The comments in comparison of gray water and recycled water are addressed in item 16, above. 23. Local Requirements. We object strenuously to the RWS accusation of "bias" in the report. As a professional consultant, Bahman Sheikh attempts to disclose in the report a complete picture for each water conserving option available to the developers and builders. We have no predisposition against gray water, or for or against any other water saving option. The discussion about the attitudes of regulators in the report is based, necessarily, on personal encounters over the last ten-plus years, with various jurisdictions in regard to gray water installations and permit conditions. The author participated in statewide forums on gray water leading to adoption of the current California Plumbing Code Appendix G. The author directed a year-long pilot gray water proj ect with eight residential installations, for the City of Los Angeles, culminating in the publication of a final report4. These and other professional dealings with regulators over the last two decades have given us a deep understanding of the attitudes of state and local regulators overseeing our industry. 24. Page 50. Gray Water System Costs. The cost estimates can be updated, if necessary, to reflect the $4,000 per installed system for the RWS. The need for an expansion tank on hot-water systems is a local requirement, and may not necessarily be applicable in San Diego County. That specific cost is not included in the benefit-cost analysis. 3 The correct name of the entity is WateReuse Association. The WateReuse Association is not a California entity, although it has a section and several chapters in the state. 4 "Gray Water Pilot Project", City of Los Angeles Office of Water Reclamation, November, 1992. ~--- ._-"._..._-----~_._- ----_._---~--, -..- Bahman Slieikh Page 7 DRAFT CittofChula Vis~__ Water Use Efficiency:-Response to Comments 'April 10, 2002 25. Page 51. Feasibility of Gray Water Systems. RWS claims that "The Report does not correctly calculate the feasibility of a greywater system..." The disagreement ofRWS with our calculations of feasibility of gray water systems is discussed, point-by-point, below, using the same numbering sequence in the following sub- items: # 1 The volume of savings calculated by R WS (45,625 gpu/yr) is essentially the same as the 46,000 gpu/yr used in the report, given rounding for three significant figures. However, on recommendation of San Diego County Water Authority, this number can be reduced to a more conservative 35,000 gpu/yr. # 2 The assumption that drip systems ca be "at least 30 percent more efficient" than spray systems must be viewed in context. In a professional agricultural enterprise, the systems can be maintained and repaired as necessary, keeping close to the theoretical (research project) efficiency. In the typical home, a buried irrigation system is not typically maintained to repair gopher damage, line clogging, and other unobservable problems leading to lowered efficiency. Other problems include tirned applications of water irrespective of evapotranspiration demand, and during rainfall events. In the spreadsheet we used for calculating water savings of gray water systems, an irrigation efficiency of 70 percent was assigned to spray irrigation, and an efficiency of 93 percent was given to buried drip systems, with a difference of 23 percent. This spread is deemed adequate accounting for the higher efficiency of the buried systems. # 3 We disagree with the prernise of 4,942 gallons per rnonth. This figure is NOT from Table V.1 of the report as claimed by RWS, and as evident from an inspection of the table. (The number is evidently derived by RWS using assumptions of its own.) Therefore, the claim that "no supplemental irrigation water is required" is simply false. # 4 It is not clear what is meant by "multiplied" water, or what is the rational for the multiplication factors given for each month. This seems to be an arbitrary factor. # 5 Our calculation yields 77.89 percent of the gray water used annually. # 6 Agreed. # 7 Agreed # 8 Agreed # 9 OK # 10 OK # 11 OK -- Bahman Sheikh Page 8 DRAFT Cit}'~~ Ch~la Vist~~_ _~_~ater Use Efficiency-Respons~~?_C~lI1Illents_~__ __~pri11 0, 2J)o2 # 12 This sub-item double-counts the credit already covered in sub-item 7. Double-counting is unacceptable under normal, defensible, accounting practices. # 13 This sub-item double-counts the credit already covered in sub-item 6. Again, double counting is unacceptable. Besides, this is the type of subsidy RWS objects to in other sections of its comments. In all events, it is up to OWD directors, representing the ratepayers, to decide if this subsidy is the correct public policy. # 14 The RWS claim that gray water "systems already provide almost identical costs and benefits" is false. The disparity between costs and benefits of gray water is far wider (compare costs of $4,300 against benefits of$2,818 in the original Table V.2 on page 52 of the report). Making the change recommended by SDCW A for annual water savings to 35,000 gallons, and changing the cost of the system to $4,000, suggested by RWS, the disparity widens even further. The revised benefit/cost ratio becomes 0.4 as shown in the revised Table V.2, below: Table V.2 Revised. Calculated Benefits and Costs of Gray Water Systems Benefit or Cost Unit Value Water Saved gpy/unit 35,000 Value of Saved Water (PW) $ 1,338 Other Benefits Sewer Reduction, Runoff Reduction Value of Other Benefits (PW) $ 609 PW, Total Benefits $ 1,947 Capital Cost $ 4,000 o & M Cost $/yr 13 Cost of Administration $/yr 50 Present-Worth of Annual Costs $ 785 Total Costs, PW $ 4,785 Life of Option, Years Years 20 Benefit 1 Cost Ratio 0.4 Saved Water Life-Cycle Cost $/AF 2,228 26. Page 52. Gray Water Stub-Outs. The stub-out simply preserves the option for future connection to a gray water system. Thus, in a slab-on-grade construction, the sources of gray water would be separated from black water before pouring concrete, and forever foreclosing the option. A stub-out does not necessarily need be connected to an automatic system or one requiring a sophisticated irrigation controller system, or one meeting the requirements of any specific manufacturer-including those ofRWS. However, we concur with RWS regarding further warning labels and closets for the stub-outs. These requirements were deemed necessary by the City of Chu1a Vista. . 27. Page 53. Issues and Concerns, Regulatory Issues, State of California. Legal interpretation of the precise applicability of Appendix G of the California Plumbing Code (Part 5 ofTitle 24 of California Code of Administration) is ---~~ Bahman Sheikh Page 9 DRAFT 9!)'o~Chula Vis~ Water l!~e Efficiency Response .\C>.Comments _'April1.Q.l~Ol currently pending. Appropriate changes-if deemed necessary-will be made to the report, after authoritative interpretation is received. 28. Pages 54-55. Local Regulatory Issues. We are unaware of an official shift in OWD's position since they wrote the March 27, 2001 letter. Neither have the "results of recent greywater studies underway in Santee and San Diego" been brought to our attention. Most importantly, OWD has not come forward with an offer of financial assistance to the City ofChula Vista Pilot Gray Water Project- a concrete indication of a shift in the District's list of concerns. 29. Page 55. Developers' Issues. Comment noted. 30. Page 55. Program Implementation Issues. We concur. However, RWS may not necessarily be the sole supplier of gray water systems in a project supported by public funds. 31. Page 56. Conclusions and Recommendations. Gray water systems complying with the requirements of California Plumbing Code Appendix G are in fact highly expensive and cannot be economically justified-unless heavily subsidized by public agencies. The systems are in fact controversial, as evidenced by the extremely low number of systems in current use. Recognizing these facts is important, if future pilot projects are to succeed, paving the way for relaxation of standards (thus reducing system costs) and answering the concerns of regulators and water agencies-thus reducing the level of controversy. Bahmao Sheikh Page 10 DRAFT 1 2 &[P[P~~[Q)~M & REWA TER SYSTEMS, INC'S RESPONSE TO: WATER USE EFFICIENCY : STRATEGIES FOR PROPOSED RESIDENTIAL DEVELOPMENTS, BY BAHMAN SHEIKH, PH.D, P.E. Executive Summary ReWater Systems, Inc., (ReWater) founded in 1990 and headquartered in Chula Vista since 1996, makes and sells state-approved greywater irrigation systems. Re Water also installs these systems under State Contractors License #798547, C-27 Landscaping. Nobody in the world has more experience with greywater systems. Over the past 12 years, ReWater has compiled over 540 studies on greywater irrigation and the environmental, statutory, monetary, and social issues surrounding it, and has participated in numerous studies as well. At the forefront of water conservation landscaping, ReWater is acutely aware of the water situation in the West and especially that in Chula Vista. The Comments provided herein are written in the same order as found in the Water Use Efficiency: Strategies For Proposed Residential Developments, heretofore the "Report". C. Executive Summary On page 3, the Report states that "Recycled water" (i.e., water reclaimed from the rnunicipal sewer system) benefits and costs are essentially equal". This is simply not true. The Report fails to factor into the cost of "recycled water" all the I) massive grants that we all payoff through our taxes and bond payments; 2) the incremental sewage rate increases that are directly attributable only to the manufacture and distribution of "recycled water"; and 3) the incremental cost of materials required to actually use "recycled water" on a property. This is an oversight in the magnitude of tens of millions of dollars in San Diego County alone. On page 3 again, the Report states that "given... the profound concerns of the local agencies", greywater systems are not highly recommended. There is not one single instance where any agency has recently expressed any concern about legal greywater systems except when it comes to what they wrongly perceive as the cost to them. For example, the Otay Water District's (OWD) state charter requires them to offer their constituents the best deal on water, yet for 6 years they have refused to discount their water connection fee a dime for homes that reuse their own greywater. The same holds true for the San Diego County Water Authority's charter, (see Water Code, Chapter 45, County Water Authority Act. as amended January 1, 2001, Section 5-11), and the Metropolitan Water District of Southern California's charter Everyone in the water business knows that reusing water keeps the price of fresh water down for everybody, yet our water purveyors' policies discourage water conservation. ReWater believes this policy is because the purveyors want the cash flow to pay for their bloated operations. Their policy is contrary to Article X of the California Constitution, all state and federal water conservation guidelines and mandates, and their own conservation policies. Quite tTankly, it is an outrage. 3 4 5 &[P[P~~[Q)~M & On page 4, the Report states that "public health issues of gray water use, though addressed in the California Plumbing Code provisions, are a source of concern for local water purveyors and public health officials. We question what sources the Report is citing, as Re Water has provided a letter to the OWD and Chula Vista from the Regional Water Quality Control Board stating that greywater systems do not even fall into their class of concerns, and a letter from the San Diego County Department of Environmental Health explaining their standard greywater system permitting process. On the other hand, both the RWOCB and the SDCDEH have expressed serious concerns in writing about using "recycled water" on single-family homes as proposed in the Report. On page 4 again, the Report states that "mindful monitoring and maintenance of greywater systems - even the "automatic" systems - is critical for their proper operation". Again, we question what sources are being cited for these statements. Re Water's automatic systems are designed so that virtually no maintenance is required. These systems are installed and functioning in homes where they receive no monitoring and maintenance and they are doing fine. As far as ReWater knows, the Report's author has never even seen a real ReWater automatic system or talked with an owner. On page 5, the report recommends that "gray water stubouts be one of the options for new homes". TIlls is a poorly thought-out recommendation, as stub-outs alone provide no conservation while adding costs. Either a home receives a complete greywater system, which includes a filter vented through the roof and attached to the indoor plumbing with a return to the sewer system and a legal subsurface irrigation network attached to the filter, with 120 V AC and 1" fresh water for supplemental irrigation and backwashing supplied to that filter, or the builder is wasting their money on the stubout. The builder would be wasting their money because, if all aspects of a legal greywater system are not supplied during construction, a legal greywater irrigation system can rarely be installed cost- effectively later on, and in most cases it can not be installed at all. This is especially true where the home already has its landscaping installed, which is typically before the home is occupied. Best Management Practices The California Urban Water Conservation Council (CUWCC) is a statewide organization that mandates only conservation methods which are good for every region in the entire state. As a consequence of this policy, a conservation method that is tremendous for one region of the state might not be good for another region so that method will never become a mandated Best Management Practice (BMP). The rationale for the CUWCC's BMPs is to put some teeth into the Memorandum of Understanding (MOU) signed by all the signatory water agencies. That same MOU suggests that other conservation practices, such as the potential BMPs, be adopted by agencies that would benefit from them. Unfortunately, this suggestion has been misconstrued by agency water conservation coordinators everywhere to mean they do not have &~~~~[QJ~M & to implement anything other than a BMP. This is particularly counterproductive when it comes to irrigation practices in Southern California. A Southern California region that irrigates year-round, such as San Diego County, has twice the irrigation demand as a Northern California region that irrigates only half the year, such as San Francisco County. But no San Diego water district conservation coordinator has implemented anything other than a BMP. This leaves the single largest source of water usage - irrigation- virtually untouched by real conservation practices. Northern California regions have old, dependable water rights that guarantee them plenty of cheap water. The water district serving Chula Vista, the Otay Water District (OWD), has no water rights of its own. It must purchase whatever water is available tTom the San Diego County Water Authority (SDCWA) at the going price. The SDCWA has virtually no water rights of its own, thus it is at the mercy of the Metropolitan Water District of Southern California (MWD), which sells water to everybody in Southern California. During the last drought, the MWD reduced the SDCW A's water supplies, they in turn reduced OWD's water supplies, and they'll do it again during this drought. A recycling practice such as greywater irrigation makes immanently more sense in Chu1a Vista than any place in the state. Pending State Legislation Senate Bills 221 and 610 are now law and they require every development with 500 or more residential units to identify a source of water for that development before it is built. When these laws are applied to all the new developments proposing to receive water ITom the SDCW A, not just those in Chula Vista, we will all see that there is not enough water to supply all of them. The SDCW A is betting that they will receive all of the water they have agreed to purchase from the Imperial Irrigation District, but the lID's EIR/EIS was just released for that transfer and American and Mexicans entities have yet to register their numerous and diverse objections to it. California Environmental Quality Act and National Environmental Protection Act challenges will probably stop or reduce the transfer of lID water for many years, decades, and even forever. Chula Vista would be well advised to not bet on any lID water being available in the immediate future, to not bet on any significant amount of water ever becoming available tTom that transfer, and to bet that if any water ever becomes available ITom that transfer that it will be vigorously sought by numerous other San Diego County cities for their own under-watered grow1h. Local Requirements The Otay Water District's (OWD) state charter requires OWD to provide the best deal to its constituency. Contrary to their demonstrated attitude during 6 years of discussions about participating in Chu1a Vista's greywater program, they have an obligation to promote 5 The Mexican State Department through its Embassy in Washington, D.C., issued the US State Department a formal letter of protest in November 2001 against the proposed lID transfer. Their stated grievance is based on the fact that the US failed to consult with them on the transfer as required under the USlMexico Border Water Treaty, which requires full consultation on all matters effecting border water, including subsurface water, such as in the Mexicali Valley aquifers. This international Treaty supercedes any proposed transfer agreement within California. 6 7 8 &~~~~[IDUM & conservation methods. If greywater irrigation helps maintain OWD's ability to supply water to Chula Vista's growth, or to supply water during time of drought, or to supply water at a better price, then OWD is obligated by its state charter to promote greywater irrigation. Section III W ATER CONSERVATION MEASURES B. Additional Water Conservation Efforts This section should include another important measure for capturing a conservation opportunity, and that is the addition of an ordinance that requires any home, new or old, sold in Chula Vista to be fitted with low-flow toilets and low-flow showerheads. This would require that older homes would have to be retrofitted for conservation measures before Title could transfer to a new owner. With all the rebate programs available for such devices, this would not impose a financial hardship on anybody. The City of San Diego has such an ordinance and is starting to enforce it now that their regular Low-flow Toilet and Low-flow Shower Head programs are reaching saturation. 6. High-Efficiency Washing Machines These machines, and their $300 incremental cost, would be unnecessary if a greywater system were installed at that home. Further, some ofthese machines are known to not get clothes as clean as conventional machines, which serves as an additional disincentive to the homeowner. Moreover, appliances are options in the vast majority of new homes. Short of mandating certain appliances, there is no way to control which washing machine the majority of new homeowners will buy. Mandating appliances is totally contrary to standard building industry practices, and such a mandate would place Chula Vista builders at a competitive disadvantage in the market. 8. Water-Efficient Landscaping All this talk about the wonderful water conservation brochures and lovely efficient landscaping manuals produced by all the various water agencies is a bad joke - the fact is that water-sucking lawns are what get planted most often and what remains for planter beds is spray-irrigated too. Nobody uses drip irrigation on anything. Worse, production home irrigation is typically accomplished with the cheapest possible techniques, resulting in massive over-irrigation of and run-off from the entire property. This is by far the single largest waste of water, and the single largest source of run-off pollution in the entire county. If Chula Vista really wants to reduce water waste and run-off pollution, here are some recommendations and rationales that are easy for developers and homeowners to accept: 1. Require no more than 50% lawn coverage of the entire landscape area. The AB325 requirements mandate no more than 80%, but this has been construed to be 80% of the entire property, letting builders use virtually the entire front yard for lawn, and then the homeowner plants lawn in the back yard while unregulated. Reducing lawn area saves 30% -50% of water usage for the reduced area. If additional net savings are desired, require a smaller percentage oflawn area. Though seeded lawn is cheaper up-front to install, we have found that most new homeowners prefer more shrubbery, diversity, and color in their front yards, &[P[P~~[Q)~M & they are willing to pay the small incremental difference, and such landscaping is far less expensive to maintain from both water and labor perspectives. 2. Require each lawn area, as detennined by any physical separation from other lawn areas, to be controlled by its own valve. Current production home landscape practice in San Diego is to install as few valves as possible, then blow water over multiple areas having perhaps widely different irrigation needs, using a small, cheap controller to control the process. With this practice, the only way to achieve a uniformly attractive lawn is to over-irrigate most of those areas - in essence, flood-irrigate via spray. A typical home in Chula Vista might need an additional 2-4 valves in the front yard, each costing $20 for a total of $40- $80 per home. A controller to handle the extra valves would add $50, for a total incremental cost of $90 - $130 per home. 3. Require all non-lawn areas to be drip irrigated via a filtered source. This would make the remaining 20%, or larger area, up to 60% more water-efficient than if sprayed. The most COmmon objection to drip irrigation is that emitters can become clogged, causing maintenance and related costs. Installation of a $15 in-line wye filter eliminates such clogging. 9. Xeriscape 9 Xeriscape is the ultimate concept for conservation landscape creation, but in reality, virtually nobody does it in San Diego County; not even in high-end homes, much less production homes. I would challenge anybody to find two examples of production homes in San Diego County with full xeriscaping. We believe this is partially due to the fact that xeriscaping costs a lot more to install, partially due to the fact that home builders are not selling this particular look, and only minimally due to the fact that a few homeowners do not like this look. Xeriscaping requires low-water use plants, a good selection of which are not available at many local nurseries. Surely not all low-water use plants are available at all nurseries, and shopping for plants is tirne consuming and costly. The addition of mulch costs money and takes time to spread, which costs money. But it's not all negative. In addition to the three recommendations found in #8 above, an aspect of xeriscaping that could cost-effectively benefit Chula Vista is the addition of soil amendments. Amending the soil does two things - it adds plant nutrients, reducing fertilizer and water costs, and it breaks up the horrible soil found in eastern Chula Vista, allowing water to easily penetrate, drastically reducing run-off and its silt, animal feces, and fertilizers that cause water pollution. The attached letter from Bay Keepers and Surfriders explains their perspective on this topic. The cost of amending soil is compost at $8 per cubic yard wholesale, or 3" deep at $.66 per square yard, and rototilling it into the soil, about $1 per square yard. A 1,200 square foot yard would cost about $88 for compost and $133 for labor, for a total of$221. Fertilizer and water savings would pay for this over 4-5 years. The additional run-off prevention benefits are very real albeit difficult to quantify at this time, but surely the Regional Water Quality Control Board would view such homes favorably. 10 11 12 13 Æ~~~~[ID~M Æ 10. Evapotranspiration (ET) Controllers Current prices for signals-receiving ET controllers, and their annual fees, are still inappropriate for single-family landscapes. To say that "ET Controllers are one of the most cost-effective devices, yielding one of the highest volume of water savings per unit, with relatively low initial costs", is overstating their current value. This statement can only be referring to what may happen someday to those costs, not what is presently happening in the world. This is true because the Report makes a wrong assumption - over-irrigating one day does not mean that the water is lost forever. On the contrary, if that water went into the soil, as it would with subsurface irrigation, that water is stil1 in the soil, available for use the next day. If the next day is sunny and warm, as are most days in Chu1a Vista, the previous days "excess" water would be utilized. If the controller is set correctly for average days in a season, the days' water-use become averaged. This assumes that the regular control1er is not set to run all year on the height of summer maximum setting. 11. Soil Moisture Sensors Soil moisture sensors have been around for decades, and range in price from $40 - $300 plus installation. They operate on the pressure differential in the soil caused by water present in the soiL and typically are quite reliable. However, it takes a number of these placed throughout the landscape to give the necessary feedback to the controller to be of any real use. The more diverse the landscape, the more strategically placed sensors that are required. A rule of thumb is at least one sensor per valve, assuming a sufficient number of valves have been installed (see suggestion #2 in Item #8 above). This involves a complicated buried wiring and mapping feat, and thus is too expensive for a single-family landscape. Also, buried wires often get cut. A much better and similar device is a rain gauge. These inexpensive ($40 plus installation) devices are mounted on the roof eave or gutter to catch rain and turn off the controller when rain reaches a preset depth in the gauge. Most gauges allow shut-off adjustment. This device requires just one set of wires from the gauge to the controller, and those wires are kept safe on a waIL Mandatinf! this hardv little device on sTJrinkler svstems is an absolute no-brainer. C. Summary of Water Savings and Option Costs On page 30, the statement that "there is no cost differential between conventional, water- conserving, and xeriscape landscaping" is extremely erroneous. There can be huge differences, in both conservation results and costs, tTom actual materials used, techniques implemented, and from plants available at local nurseries. Because xeriscaping is found only at the highest end of landscaping, certainly one added expense is hiring landscapers who know anything about xeriscaping in the first place. D. PoliCy Issues Program Implementation Issues This section omits real factors favoring certain water conservation methods. For instance, the fact that a home using certain conservation methods saves money each month is a selling feature for the builder. Such savings could be a major factor in a builder's decision to offer such 14 15 17 ß~~~~[Q)UM ß systems. That builder can then compete in the market place with that feature and all the other features offered in their homes. The home buyer will then compare a Chula Vista home with its features against homes in other San Diego County locations, and some wi]] even compare them to homes in Riverside or Orange counties. The homebuyer will look at their income, their potential income, their commute, the schools, the community, and the home's features before buying. The best package will win. If water is on the front pages when making the decision, that homebuyer will weigh Chula Vista's home more favorably than otherwise. Like it or not, we are in a dry era that is only going to get worse over the coming years. SECTION IV EXPA...I'I/DED USE OF RECYCLED WATER A. Descriptioll It should be noted that wastewater treated under Title 22 used to be called "reclaimed water", but the negative image it acquired became so pronounced that the Water Reuse Association, got the state law changed so it could be called "recycled water". This previously common word, recycled, is now used by those in the sewage treatment industry for the water they produce and sell. "Recycled" is no longer used in the water industry to describe historically accepted COmmon forms of water recycling, such as greywater recycling. State Requirements This section of the Report fails to mention that California Title 22 provides huge fines for the misuse of "recycled water". These fines are $ I 0,000 per offense for first time offenders, and up to S20,000 per offense. These fines are in place because "recycled water" poses a health threat. It is a threat because of a little mentioned fact about Title 22 - it allows occasional "spikes" in the pathogen content of the "recycled water". If somebody were to ingest "recycled water" during a spike, they could become seriously sick or die. 16 There are no fines for the misuse of greywater. As previously mentioned, both the Regional Water Quality Control Board and the San Diego County Department of Environmental Health have expressed their concerns about using "recycled water" in SFDs. From a landscaper's perspective, the use of "recycled water" presents water quality challenges that are not as serious in greywater. ~umerous studies indicate the TSS of "recycled water" in San Diego is about 1,300 ppm. Greywater in San Diego is about 900 ppm. San Diego's source water is about 650 ppm. This is not to say that the use of "recycled water" can not be beneficial from a conservation perspective. This is included as a reminder that both '"recycled water'" and greywater provide a drought-proof water supply, and it sets the record straight about the regulators' concerns for these two methods. B. Techllical Illformatioll This section of the Report states that "the cost of supplying recycled water to the new development is usually borne by the wholesale water district; and, the additional cost of dual plumbing (purple pipes buried in the streets dedicated to recycled water distribution) within the 18 19 20 21 22 &[P[P~~[IDUM & SPA Plan area is the usual responsibility of the deve10per". Those costs are "about $2,500 per single-family dwelling". Those costs may initially be paid for by the wholesale water district and developer, but eventual1y Chula Vista residents pay for them through their water and sewer bil1s. Those costs are not the only costs though. As mentioned previously, the "recycling water" facilities are built largely with grants that we al1 pay for through increased taxes. The $2,500 also does not factor in the incremental cost of the reclamation facility above the federally mandated "Advanced Primary" treatment of that sewage, or of that facility's operation; those costs are paid for by everybody in the City of San Diego- owned Metropolitan Wastewater District's jurisdiction, We pay for those incremental costs through our sewer bills. Payment is based on the amount of sewage treated by that facility. The 1ess sewage Chula Vista sends, the less everybody in Chula Vista pays. The $2,500 also does not factor in the additional cost of using "recycled water" in the purple irrigation cornponents required by Tit1e 22. For example, the cost of purple PVC pipe is 40% more than the same size and schedule white PVC pipe. And when the "recycled water" system is all ready to deliver water on-site, the homeowner stil1 has to pay for it. That water will rise in price at the water district's discretion. Contrast that with greywater, which the homeowner already paid for. D. Financial Assistance for Water Recycling All federal and state financial assistance for "recycled water" is officially available to greywater, though fighting the California Water Reuse Association and its constituency of water rec1amation plant owners, such as the City of San Diego, for these funds is an obstacle. G. Conclusions and Recommendations The Report states that "use of recycled water in residential landscaping has the highest potential water savings compared to all other devices, appliances, and measures covered in this report". This is barely true, as a greywater system produces ahnost the same amount of usable water for the same landscape, the only difference being during the height of summer maximum use period on a large landscape. Section V Gray Water State Requirements The Report states that regulators often complain that a homeowner must separate dirty baby diaper water from the normal clothes washer discharge water. However, virtually nobody washes diapers in their clothes washer. The Report then goes on to mitigate this concern by saying that any water used in a greywater system is required to be used 9" deep in the soil. Compare this to recycled water, which is sprayed into the air for anybody to breathe. Though recycled water usually has no live pathogens, there are state restrictions, and most loca1 jurisdictions have further restrictions, on where recycled can be used due to this health concern. The Report brushes these aside with a comment that they can be overcome. 23 24 251 &[P[P[g~[IDUM & Local Requirements The Report again shows it bias by claiming "some public health authorities tend to go to great lengths to prevent even the most remote possibility of abuse, misuse, or inattentive operation that might result in inadvertent exposure. They do so by not allowing the use of gray water at all, or by making it so expensive to comply with the required restrictions as to make it prohibitive for most residents." This statement can surely be accredited to its author's experience with Marin County, where their Environmental'Health Department imposed an exorbitant permit fee for a greywater system. However, we know of no other jurisdiction that imposes restrictive fees on greywater systems. Gray Water System Costs The cost for a ReWater system in Chula Vista's program is $4,000 per installed system. That is the price that ReWater's systems were sold to the City of San Diego pilot program, and that is the price offered to Chu1a Vista. This includes the RP device. There has never been any calJ or even mention by any regulatory agency, builder, or other, that we are aware of, for an expansion tank on the hot water heater. Feasibility of Gray Water Systems The Report does not correctly calculate the feasibility of a greywater system for the following reasons. According to the National End-Use Survey conducted by the American Water Works Association (A WWA) in 1996, a typical home produces 39.1 gallons of greywater per day. Therefore, a home with 3.2 people residing there wilJ produce 125 galJons per day, 3,750 per month, or 45,625 gallons per year. 2. According to the USDA's (C.R. Camp, 1998) survey on drip irrigation studies, supplied with Chula Vista's SWRCB SRF application, drip irrigation is at least 30% more efficient than spray. 45,625 gallons x 1.3 equals 59,312 gallons per year, or 4,942 gallons per month. This only multiplies the amount of water produced when that water is needed in the irrigation field. Otherwise, this water flows back to the sewer. 3. Using the Report's Table V.1, 4,942 gallons per month exceeds the irrigation needs of a 1,200 square foot irrigation area in Chula Vista for all 12 months of a normal year. No supplemental irrigation is required. 4. Using Table V.1, the months of May, June, July, and August demand the use of "multiplied" water by 1.08, 1.04, 1.22, and 1.08 respectively. 5. Using the monthly breakdown of Tab1e V.1, 75.16 % of greywater is used/does not return to the sewer system annually. &[P[P~~[IDUM & 6. That used greywater, plus the "multiplied" greywater in the hot months, or a total of 79% of all greywater/36,043 gallons/48.19 units, is currently worth $1.67 per unit (748 gallons), for a total annual value of $80.4 7 to the homeowner, or $1,609 over 20 years. 7. The used greywater is not sent to San Diego's MWWD for treatment as sewage, thus their current $2,500 per MGD fee is not applied to that water. This amounts to a current maximum annual value of$90.12 per home, or $1,802 over 20 years. 8. The current water ($80.4 7) and wastewater ($90.12) savings add up to a value of $170.60 per year, or $3,412 over 20 years. 9. The current cost of operating a system $26 per year, times 20 years, is $520, for a net savings of$2,892 per system. 10. The cost of an installed system is $4,000. 11. The builder's contribution to this system is $500 for an irrigation system, which was already in their budget. This lowers the cost of the system to $3,500. 12. The city ofChula Vista has reduced the sewer connection fee by 25%, or $555 per system, for homes with these systems. This further lowers the cost to $2,945 per system. 13. The OWD charges up to $6,201 for a new SFD water connection. They could and should discount this fee for homes that reuse their greywater, as those homes will use less water, thereby reserving the district's capacity and lessening their demand for new water sources at the new prices. The CW A and MWD could and should also discount their connection fees due to these systems for the same reasons. 14. Government and private grants are available to further lower the cost of greywater systerns. In any event, with just the current discounts and pricing available, these systems already provide almost identical costs and benefits. 26 Gray Water Stub-Outs This is a poorly thought-out recommendation, as stub-outs alone provide no conservation while adding costs. Either a home receives a complete greywater system, which includes a filter vented through the roof and attached to the indoor plumbing with a return to the sewer system and a legal subsurface irrigation network attached to the filter, with 120 V AC and 1" fTesh water for supp1ernenta1 irrigation and backwashing supplied to that filter, or the builder is wasting their money on the stub out. The buiJder would be wasting their money because, if all aspects of a legal greywater system are not supplied during construction, a legal greywater irrigation system can rarely be installed cost- effectively later on, and in most cases it can not be installed at all. This is especially true where the home already has its landscaping installed, which is typically before the home is occupied. 27 28 29 30 &~~~~[Q)UM & The Report's concerns about needing further warning labels and closets for the stub-out assumes the author knows more about this issue than the state agencies which wrote and revised the state greywater code after over 5 years of intensive public debate. The state code requirement for stub-outs is more than sufficient. The Report is correct when it states that "liability for any illegal or improper use of greywater or the stub-out should rest with the homeowner, because there already exists a legal framework for its proper use." E. Issues and Concerns Regulatory Issues State of California The Report is rnistaken when it states "for Appendix G standards to be in force, each county in which graywater systems are to be permitted must specifically adopt them". The truth is that Appendix G to the California Plumbing Code is a state law, just like a speed limit on a freeway is a state law. Counties, or cities for that matter, do not need to adopt either law. Local Regulatorv Issues The OWD letter of March 27, 2001, has been superceded by the OWD letter of March 4,2002. This latest letter indicates OWD's willingness to participate in Chula Vista's greywater program if risk and cost sharing can be arranged. Questions about which agency will perform and be liable for inspection and monitoring have been removed by a letter from the inspection agency, the San Diego County Department of Environmental Health, Pursuant to a 1994 agreement amongst all cities in San Diego County and the SDCDEH, the SDCDEH is the agency in charge of inspecting all greywater systems anywhere in San Diego County. Their inspection area is from the greywater system's point of connection to both the home's wastewater line and to the water purveyor's fresh water line. The City of Chula Vista is in charge of inspection of all plumbing inside a Chula Vista home, including any greywater plumbing. Such inspection would occur under the city permit normally issued for the construction of that home. With the exception of the liability questions as they relate to cost sharing, the OWD's original concerns, summarized on page 54 - 55, are no longer being expressed. This is largely a result of recent greywater studies underway in Santee and San Diego. Developer's Issues The water supplier's concerns about their responsibility and obligations in Chula Vista's greywater program were largely a result of their misunderstanding about the existing greywater regulatory process in San Diego county. This same type of misunderstanding is true for developers. Any other concerns they have can be resolved with warrantees, guarantees, etc. Program Implementation Issues Any monitoring of greywater systems can take place by the builder, SDCDEH, OWD, SDCW A, or City of Chula Vista. However, this is a Chula Vista program and as such any regular &~~~~[Q)~M & monitoring or reporting should be undertaken by the City. In case of any defect, malfunction, or other real or perceived problem, the homeowner typically contacts ReWater, as that is who actually remedies the problem under warranty. F. Conclusions and Recommendations Conclusions 31 Greywater systems are not as controversial or expensive as the Report makes them out to be, for two reasons. First, the Report does not get important facts right. Second, important facts have come to light since the Report started being written. Recommendations Again, a stub-out option alone does not accomplish a thing for water conservation. Even though having more homes available for installation of a greywater system would probably help ReWater's sales, it is ReWater's recommendation that no conservation credit be given for simply supplying stub-outs. After 12 years in this greywater industry, and 6 years of participating in the creation of Chula Vista's city-wide 650 home greywater program, ReWater feels it is time to recognize these systems for what they are - a proven water conservation and wastewater reduction device that deserves full conservation credit for implementation. Meters would be desirable to further document values. Requiring a disclaimer would be several giant steps backward. We feel it would be good and wise City policy to continue to secure as much grant funding as possible, along with the SWRCB low-interest loan, for greywater irrigation systems, and then offer systems to builders who want to use them to gain full conservation credits and their own numerous rnarketing advantages. Those advantages are that homes with such systems will have smaller water bills; they will have higher resale values; they will not be nearly as hurt by rate hikes and water rationing caused by the drought; they will not throw water up on the walls, leaching out the stucco, or up on fences, staining them, or on windows, spotting them; they will not have broken sprinkler heads and resulting geysers and spikes in their water bills; they will not contribute to run-off pollution; they will have less weed probJems; they will have healthier plants; lower maintenance costs; and better Jooks. It is a fact that builders are open to receiving such systems when their costs have been defrayed. In fact, the City of San Diego had ten builders write to ask to participate in San Diego's sirnilar citywide greywater program when their City Council wanted to offer a program. If not for the fact that their City staff tried to protect their failing water reclamation program by casting aspersions at greywater irrigation, that City would now have a city-wide greywater program. &~~rn~[ID~M & Chula Vista now has the opportunity to become the first to actualize this technology on a large scale and reap the benefits, and we recommend that it does. EASTLAKE III SPA WATER CONSERVATION PLAN April 2002 PBS&J Project No.: 131/620911.01 Prepared For: .. ~ ~ ~ TIt: tASTlAKE cor.tI'Am PBSj 175 Calle Magdalena Encinitas, CA 92024 By:9~,j~J Daniel S. Brogadir Project Manager PBSJ ATTACHMENT 10 Acknowledgements PROJECT TEAM EastLake Company: Guy Asaro Bill McKibbin ONA: Barbara Gilman PBS&J: Daniel S. Brogadir Cynthia S. Peraza 619-421-0127 Vice President Assistant Project Manager 858-292-2020 Project Manager 760-753-1120 Project Manager Project Engineer PBSJ EastLake III WCP April 2002 Table of Contents CHAPTER PAGE Abbreviations and Terms ........................................................................................ Hi Water Conservation Plan 11.8.1 11.8.2 11.8.3 11.8.4 11.8.5 11.8.6 11.8.7 11.8.8 11.8.9 11.8.10 Executive Summary ...................................................................................1 Introduction......................................................... .............. .............. ............2 Purpose.............. ............................................. ...........................................2 Water Supply and Service ..........................................................................5 Projected Water Use ..................................................................................5 Mandated Conservation Measures.......................................................... ...8 Non-Mandated Conversation Measures .....................................................8 Water Conservation Target ......................................................................11 Implementation Measures ........................................................................12 Monitoring........................................................................ ........................ .13 Tables 1 Adopted Land Use......................................................................................4 2 Projected EastLake III Potable Water Demand ..........................................6 3 Projected Recycled Water Demands..........................................................7 4 EastLake III Potable Water Savings Due To Non-Mandated Measures ...12 Appendices A Site Utilization Plan B Otay Water District Ordinance C Proposed Recycled Water Use Areas D Water Efficient Landscaping Pallets E City Review Comments N:\131\620911\01\Reports\Apri1 2002 Eastlake WCP\14 APR2002 Eastlake WCP Report - REVISED 051502.doc PBSJ ii EastLake III WCP April 2002 Abbreviations and Terms Abbreviations ac Acre CAS Central Area System CPF Community Purpose Facility CSA Central Service Area CFD Community Facilities District DU Dwelling Unit HOA Home Owners Association GDP General Development Plan gpd Gallons per day gpm Gallons per minute MG Million gallons MGD Million gallons per day MWD Metropolitan Water District psi Pounds per square inch SDCWA San Diego County Water Authority SPA Sectional Planning Area WCP Water Conservation Plan WRF Water Recycling Facility WTP Water Treatment Plant WWTP Wastewater Treatment Plant Terms District Otay Water District Project EastLake III City City of Chula Vista WATER EQUIVALENCIES TABLE Measure Equivalencies 7.48 gallons (gal) 62.4 pounds of water (Ibs) 43,560 cubic feet (et) 3,259,000 gallons (gal) 450 gallons per minute (gpm) 646,320 gallons per day (gpd) 1,120 acre-feet er ar ac- 1 cubic foot (et) 1 cubic foot per second (ets) 1 acre-foot (ac-ft) 1 ac-ft 1 ets 1 cfs 1 million Note: An acre-foot covers 1 acre of land 1 foot deep PBSJ iii EastLake III WCP April 2002 Section 11.8 . Water Conservation Plan 11.8.1 Executive Summary The EastLake III development (project) is a master-planned community located within the City of Chula Vista (City). The Project encompasses approximately 793 acres and is bordered by the Rolling Hills Ranch development to the north, and the planned EastLake Business Center II, EastLake Trails subdivision, and Otay Ranch Village II to the west. The Upper and Lower Otay Reservoirs form the eastern boundary of the Project. The Project area consists of two subdivisions identified in the EastLake III General Development Plan (GDP) as EastLake Woods and EastLake Vistas. Additionally, the Project includes the property located directly adjacent to the southern boundary of the Olympic Training Center referred to as the Panhandle Site which is designated as part of a future University of California campus. The City's Growth Managernent Ordinance requires that all major development projects consisting of 50 dwelling units or mare prepare a Water Conservation Plan (WCP) at the time of Sectional Planning Area (SPA) plan preparation. Since there are currently no formal guidelines for the preparation of the WCP, developers have typically prepared the required plans based primarily on State and Federally mandated water conservation measures and closely reflect the requirements of the local water districts. The City has undertaken an effort to develop and adapt guidelines for the preparation and implementation of required WCPs. The plan is intended to respond to the long-term need to conserve water in new and future developments. Additionally, it is intended that the plan will be implemented over the life of the projects and will establish standards that will be acceptable to future project residents regardless of water availability. The City's effort involves a pilot study of three master-planned projects, including the EastLake III development. The pilot study will evaluate the relative effectiveness, costs, and issues associated with the implementation of additional water conservation measures beyond those currently mandated. Specific nan-mandated water conservation measures identified for implementation in the EastLake III project include: · Hot water pipe insulation · Pressure reducing valves · Water efficient dishwashers · Evapotranspiration (ET) Controllers · Drought tolerant landscaping · Educational Program The estimated total potable water savings for the Project due to implementation of the non- mandated quantifiable conservation measures is approximately 59,566 gallons per day (gpd), which is approximately 5.3 percent of the total projected potable water demand for the Project. Additional conservation measures are estimated to reduce the projected total potable water demand by an additional 59,070 gallons per day (gpd), which is also approximately 5.3%. Note that recycled water conservation measures were not included in the estimated savings through non-mandated measures. PBSJ 1 EastLake III WCP April 2002 Section 11.8 - Water Conservation Plan Merchant builders will be encouraged to display the following conservation measures in model homes and offer them as options to potential homebuyers. · Dual Flush Toilets · High-Efficiency Washing Machines · Hot-Water On-Demand Units 11.8.2 Introduction The Project is an approved master-planned community located within the City. As mandated by the City's Growth Management Ordinance, a WCP for the Project is being prepared concurrently with preparation of the SPA Plan. Consistent with the Master Planned Communities Outline, Section II.8 of the EastLake III SPA Plan contains the WCP. In addition to the general requirements specified in the Growth Management Ordinance, the Project has been included in a pilot study to assess specific non-mandated water conservation measures. Consequently, this WCP has been prepared in accordance with the pilot study. The approach to water conservation outlined in this plan includes identification of specific non- mandated water conservation measures to be implemented throughout the life of the development project. The WCP includes a description of the measures and presents targeted water use reduction goals for the Project. 11.8.3 Purpose The purpose of the WCP for the EastLake III development is to identify specific non-mandated water conservation measures to be implemented as part of a pilat study currently being performed by the City. In accordance with the Growth Management Policies of the City, the water conservation measures presented in this plan are intended to respond to the long-term need to conserve water in new and future developments. This plan is intended to be implemented over the life of the project and to establish standards that will be acceptable to future project residents regardless of water availability. The City's Growth Management Ordinance requires that all major development projects consisting of 50 dwelling units or more prepare a WCP at the time of SPA plan preparation. Currently, there are no guidelines for the preparation of the WCP. Developers have typically prepared the required plans based primarily on State and Federally mandated water conservation measures and reflect the requirements of the local water districts. The City Council has expressed a desire that other currently non-mandated water conservation measures including potential use of gray water and expanded recycled water systems be considered in future WCPs. PBSJ 2 EastLake III WCP April 2002 Section 11.8 - Water Conservation Plan In response, the City is undertaking an effort to develop and adopt guidelines far the preparation and implementation of required WCPs. The effort involves a pilot study of three master-planned projects, including the EastLake III development. The pilot study will evaluate the relative effectiveness, costs, and issues associated with the implementation of additional water conservation measures beyond those currently mandated. The results of the evaluation will assist the City and developers in identifying the most beneficial conservation features to be implemented in a particular development. Specific nan-mandated water conservation measures identified for implementation in the EastLake III project include: · Hot water pipe insulation · Pressure reducing valves · Water efficient dishwashers · Evapotranspiration (ET) Controllers · Drought tolerant landscaping · Educational Program Project Description The Project encompasses approximately 793 acres located within the City of Chula Vista bordered by the Rolling Hills Ranch development to the north, and the planned EastLake Business Center II, EastLake Trails subdivision, and Otay Ranch Village II to the west. The Upper and Lower Otay Reservoirs form the eastern boundary of the Project. The planning area consists of two subdivisions identified in the EastLake III GDP as EastLake Woods and EastLake Vistas. The Project area also includes the property located directly adjacent to the southern boundary of the Olympic Training Center, and is referred to as the Panhandle Site, which is designated as part of a future University of California campus. Specific land use has not been determined far the Panhandle Site and, therefore, this area was not included in this study. A separate WCP will be prepared far the site once land use is determined. Proposed land uses for the planning area are summarized in Table 1. PBSJ 3 EastLake III WCP April 2002 Section 11.8 - Water Conservation Plan Table 1 Adopted Land Use SPA Unit und Use Ac... Dwelling Units Slnø....Famllv Residential The Woods WR-1 SF Residential 63.3 64 WR-2 SF Residential 34.1 57 WR-3 SF Residential 48.2 8ð WR-4 SF Residential 48.3 139 WR-s SF Residential 22.' 59 WR-6 SF Residential 25.' 136 WR-7 SF Residential 18.7 119 Subtolal 280.4 8ð2 Thø Vistas VR-1 SF Residential 22.6 sa VR-2 SF Residential 21.9 66 VR-3 SF Residential 36.6 112 VR-4 SF Residential 23.1 81 VR-6 SF Residential 17.8 67 VR-6 SF Residential 26.6 126 VR-7 SF Residential 18.3 98 VR-8 SF Residential ,~.3 166 _f::u~1 1 .2 778 I n 452.8 1438 MulU-Famlly Residential The Vistas VR-9 MF Residential 7.50 75 VR-tO MF Residential 7.9 119 VR-11 MF Residential 8.6 129 VR-12 MFResidentlal 15.0 300 ··u""""l 39.0 82' 0 Miscellaneous The Woods PO-2 Jr. High School 25.1 - PO-1 Elementary School 14.3 - PQ-3 Fire Station 1.0 - P-2 Private Part< 1.7 - SUbtotal 42' The VIstas Co1 eornrr.._ 12.0 - Co2 eornrr..rcial 18.7 - CPF-t CPF 10.8 - P-1 Public Park ~~: - ~u"',"",' .. .....- WOODS TOTAL ..... HZ VISTAS TOTAL 211.2 .... PANHANDLE TOTAl .... · OPEN SPACE · 13... · CIRCULATION · 25.5 · PROJECT TOT 1. B81edonP8nh8ndllls..e'-'d¡-.ofUC~. 2. s.edonlleS/teUlllz8llonPbwl(seeAppencb:A). 3. I.N;ln*bwnofOpen Spece ntClrcW8tlon nil not8Vlilllbla. PBSJ 4 EastLake III WCP April 2002 Section 11.8 Water Conservation Plan Information pertaining to HOA or CFD controlled landscape areas was not available at the time this study was prepared and, therefore, delineation of these parcels is not included. 11.8.4 Water Supply and Service The Project is situated within the Otay Water District (District) and will receive potable and recycled water supply fì:om the District's Central Area System (CAS). The District is a member of the San Diego County Water Authority, which purchases imparted water fì:om the Metropolitan Water District of Southern California. The Project will receive water supply fì:om extensions to the existing CAS transmission network. The District will also provide recycled water service to the Project. As mandated by District policy, recycled water will be utilized for landscape irrigation on all approved greenbelts. Recycled water supply is currently available fì:om the District's Ralph W. Chapman Water Recycling Facility (WRF) located near the intersection of Singer Lane and Highway 94. The plant has a practical capacity of 1.0 million gallons per day (MGD) of recycled water for non- potable water uses such as irrigation of golf courses, school playing fields, public parks, and public and private landscaping. Recycled water supply is also anticipated to be available fì:om the City of San Diego's 15.0 MGD capacity South Bay Water Reclamation Plant, located in the Tijuana River Valley near the US-Mexico border. The South Bay Water Reclamation Plant is expected to be completed in 2002. 11.8.5 Projected Water Use Potable Water Table 2 contains a summary of the estimated EastLake ill potable water demand based on land use type and projected residential density. The unit demands are based on data provided by the District and do not reflect implementation ofrecammended conservation measures. PBSJ 5 EastLake III WCP April 2002 Section 11.8 - Water Conservation Plan Table 2 Projected EastLake III Potable Water Demand LAND USE UNITS UNIT DEMAND(1) DEMAND Residential Single-Family Low Density 531 DU 856 gpdlDU 454,536 gpd Single-Family Med Density 907 DU 385 gpdlDU 349,195 gpd Multi-Family 623 DU 188 gpdlDU 117,124 gpd Mixed Use/Commercial Community Purpose 10.8 ac 1,785 gpdlac 19.278 gpd Elementary School 14.3 ac 1.250 gpd/ac 17,875 gpd Junior High School 25.1 ac 1,785 gpd/ac 44,804 gpd Commercial 30.7 ac 1,785 gpd/ac 54,800 gpd Fire Station 1.0 ac 1,785 gpd/ac 1,785 gpd Open Space/Park Open Space(2) 15.0 ae 2,232 gpd/ac 33,480 gpd Park(3) 13.5 ac 2.232 gpd/ac 30,132 gpd TOTAL 1,123,008 gpd 1) Unit demand sources: Residential demand adapted from actual annual water consumption data provided by Jim Peasley, OIay Water District, 10/22101. Mixed Use/Commercial demand from OWD Water Resources Master Plan (1995) Park irrigation demand from OWD Water Resources Master Plan (1995) Open Space irrigation demand from OWO Water Resources Master Plan (1995) 2) Approximately 15.0 ae of open space will be irrigatied with potable water because it is tributary to Lower OIay Lake 3) Park P·1 {13.5 Be} will be irrigated with potable water because it is tributary to Lower Otay Lake. Park P-2 (1.7 ae) will be irrigatied with recycled water. The total projected potable water use, without non-mandated conservation measures IS approximately 1,123,008 gpd. Recycled Water The City requires the use of recycled water, if available, for landscape irrigation within designated areas as defined by state and local health codes. Based an current OWD policies regarding new subdivision development, landscape irrigation for parks, school, greenbelts, road medians, and multi-family residential is required to utilize, where available, recycled water. Recycled water will be used for landscape irrigation on common landscape parcels in the Project in accordance with District Ordinance Section 26: Water Reclamation Plan and Implementing Procedures (Appendix B). Developers have recognized that expansion of the recycled water system to serve irrigation of single-family homes may provide an opportunity for potable water to be offset by recycled water use. Although this has been identified as a potential water conservation measure, the District does not currently support the expansion of the recycled water system to include single-family residential units. Current District policy excludes the use of recycled water for irrigation of land uses not specifically identified in the Master Plan as designated recycled water use areas. PBSJ 6 EastLake III WCP April 2002 Section 11.8 - Water Conservation Plan Additional project areas where use of recycled water is specifically prohibited by the District include slopes that lie within the Lower or Upper Otay Reservoir drainage basins. Recycled water will be used for landscape irrigation on all cammon landscape parcels controlled by homeowner associations, as well as City-maintained slopes, medians, and open space. The Project will receive recycled water supply from extensions to the existing CSA recycled water transmission system which is currently under construction, but not yet complete. Proposed recycled water use areas within EastLake III are illustrated in the figure included in Appendix C. M specified in the District's Master Plan, the recycled water duty used to convert irrigated acreage into average annual demand (AAD) is 2,232 gallons per day (gpd) per gross acre for all land use types within the Project. The estimated recycled water demands for the Project are presented in Table 3. Table 3 Projected Recycled Water Demands Acres(1) %tobe Irrigated Unit Demand AAD Demand SPA Unit Land Use Acreage (grosslae) Irrigated (%) (ae) (gpd/ae) d The Woods PQ-2 Jr. High School 25.1 20 5.0 2.232 11.204.6 PQ-1 Elementarv School 14.3 20 2.9 2.232 6.383.5 PQ-3 Fire Station 1.0 20 0.2 2.232 446.4 P_2(2) Public Park 1.7 100 1.7 2.232 3.794.4 Woods Subtotal 42.1 9.8 21.829 The Vistas VR-9 to VR-12 MF Residential 39.0 15 5.9 2.232 13.168.8 G-1 and C-2 Commercial 30.7 10 3.1 2.232 6.852.2 CPF-1 CPF 10.8 20 2.2 2.232 4.821.1 Vistas Subtotal 80.5 11.2 24.842.2 Circulation 10 2.6 2.232 5.691.6 a 1. Based on the SIte Utllzation Plan (see Appendix A). 2. Park P-1 will be InIgated with potabte water because it Is bibutary to Lower Otay Lake, thetefore this demand is not included herein. 3. Open apace areas that wll be Irrigated with potable water were not included. Assumed 50 perœrt of remaining oøen space Irrigated wtth recycled water. The total projected recycled water use is approximately 188,292 gpd. PBSJ 7 EastLake III WCP April 2002 Section 11.8 - Water Conservation Plan 11.8.6 Mandated Conservation Measures The Federal water efficiency plumbing standards are included in the Energy Policy Act enacted in 1992, and effective January 1, 1994. Passage of the Act provided a uniform standard for manufacturers of water-using fixtures including ultra-low-flow toilets, low-flow showerheads and faucets, aerators, washing machines and other appliances and fixtures. State regulation of water use efficiency is based on the California Constitution and Water Code. The Constitution provides the basis for efficient water use and is the foundation for the State's subsequent policies and mandates regarding water conservation and reuse. Additionally, the Urban Water Management Planning Act which was adopted by the California Legislature in 1983 and amended serially through 1995 requires advance planning for water supplies to meet projected demands in the short term and long term, with emphasis on water conservation, water recycling, emergency planning for drought restrictions on water use and other provisions. In California, regulation of manufacturing and installation of hot- water-related plumbing fittings is under the jurisdiction of the California Energy Commission. The efficiency requirements and regulations are incorporated in the California Code of Regulations Title 20, Chapter 2, Subchapter 4, Energy Conservation, Article 4: Appliance Efficiency Regulations, California. The regulations establish the maximum flow rate of all new showerheads, lavatory faucets, sink faucets, and tub spout diverters manufactured, sold or offered far sale in California. In summary, current federal and state legislation mandates apply to the required use of certain plumbing devices that meet specified maximum flow rates. These devices include: · Showerheads · Lavatory Faucets · Sink Faucets · Metering Faucets in Public Restrooms · Tub Spout Diverters · Residential Water Closets · Flushometer Valves · Commercial Water Closets · Urinals In addition, the City of Chula Vista's Landscape Manual, Part One, General City Requirements, 4.4.3 Water Management Element, requires the use of recycled water, if available, far landscape inigation within all designated areas as defined by state and local health codes. 11.8.7 Non-Mandated Conservation Measures As part of the Water Conservation Pilat Study, the City and participating developers evaluated numerous potential water conservation measures for use within the designated development projects. Based on the evaluation, the developer selected three indoor and three outdoor measures for implementation in all of the participating projects. The indoor measures included Hot Water Pipe Insulation, Pressure Reducing Valves, and Water Efficient Dishwashers. In addition, the master developer of EastLake ill has identified outdoor measures for PBSJ 8 EastLake III WCP April 2002 Section 11.8 - Water Conservation Plan implementation within thë Project. The outdoor measures include an Educational Program, use ofET Controllers, and Water Efficient Landscaping. The Water Use Efficiency: Strategies for Proposed Residential Development report prepared by Bahman Sheikh, Ph.D., P.E. for the City includes a benefit/cost summary of potential conservation measures and may be referred to far such information. INDOOR MEASURES Hot Water Pipe Insulation Insulation of hat water pipes and separation of the hot and cold pipes to reduce heat exchange will reduce the amount of time the faucet will need to flow to produce hat water. The estimated unit water savings is 6.58 gpd/DU, which is equivalent to an average annual water savings of 2,400 gallons per residential dwelling unit. Pressure Reducing Valves Installation of a pressure-reducing valve at the water connection location can maintain the pressure within residential units below 60 psi, thereby reducing the volume of leakage that may be present and prevent excessive flow of water from all appliances and fixtures. The estimated unit water savings is 4.93 gpd/DU or an average annual water savings of 1,800 gallons per residential dwelling unit. Water Efficient Dishwashers New water efficient dishwashers can save as much as 2 gallons per cycle over a non-efficient model. Based on 0.9 cycles per day per single- family residence, the estimated unit water savings is 1.78 gpd/DU, which equates to an annual water savings of 650 gallons per residential dwelling unit. OUTDOOR MEASURES Educational Program Education of the homeowner as to how to design, maintain and monitor their landscape irrigation system is one of the most cast effective ways to implement water conservation. A key component of the Educational Program will include an Informational Booklet. By creating a laymen's handbook that is instructive on how to properly landscape and irrigate and providing it to each homeowner could provide a substantial potable water savings. According to the City's consultant, the average homeowner can save 15 percent of their watering cost by implementing recommended planting, irrigation, and landscape maintenance practices. For the purpose of this evaluation, an average reduction in landscape irrigation of 15 percent was used far estimation purposes. This is equivalent to 30 gaVday per medium density, single-family dwelling unit and 60 gaVday for law-density single-family dwelling units. The estimated annual water savings is 10,950 gallons per medium density, single-family dwelling unit and 21,900 gallons per low- density single-family dwelling units. PB5I 9 EastLake III WCP April 2002 Section 11.8 - Water Conservation Plan The Educational Program will be a cooperative effort among the City of Chula Vista, the Otay Water District and the Master Developer to train and assist homeowners in the design and installation of water efficient landscaping. The program will include educational seminars conducted by the Master Developer for new homebuyers throughout the construction phase of the Project. The Master Developer will provide all educational materials. The contents of the educational program including an infonnation booklet, shall be approved by the Director of Planning and Building. Evapotranspiration (ET) Controllers ET controlled irrigation systems are designed to operate with timed, fixed irrigation scheduling. Radio signals from a central control station transmit the appropriate infonnation to irrigation controllers that operate a number of sprinklers. The controllers activate the irrigation system for the appropriate length of time to deliver the precise amount of water based on real-time estimates of actual plant evapotranspiration. The estimated average water savings per acre is approximately 737 gpd which is approximately a 33 percent savings. Water-Efficient Landscaping Guidelines far water-efficient landscaping are included in the City's Landscape Design Manual. Water efficient landscaping will be utilized on open space slopes to be irrigated with potable water. These areas, as well as the approved landscape pallets, are shown in Appendix D. The estimated average water savings per acre is 1,116 gpd which is approximately a 50 percent saVIngs. OPTIONAL MEASURES The Master Developer will encourage merchant builders to offer other non-mandated conservation options to homebuyers. It is envisioned that the following water conservation components be displayed in model homes and offered as options to homebuyers. The options may include: · Dual Flush Toilets · High-Efficiency Washing Machines · Hot-Water On-Demand Units Dual Flush Toilets Dual-Flush Toilets are designed to provide the user the option to flush with a partial (0.8 gallons) flow of water or with a full (1.6 gallon) flaw, depending on need. According to the pilot study report, the estimated annual water savings is 4,000 gallons per residential unit. High-Efficiency Washing Machines High-efficiency washing machines are ftant-loading models of clothes washers. Also referred to as horizontal-axis washing machines, they reqnire approximately 60 percent of the water used by conventional washing machines and can provide an annual water savings of 7,000 gallons per residential unit according to the pilot study report. PBSJ 10 EastLake III WCP April 2002 Section 11.8 . Water Conservation Plan Hot-Water On-Demand Units There are currently two types of hot-water on-demand devices available. The two types include the Pump-Back Device and the Point-of-Use, or Tank-less Water Heater. The ftequency of use of the fixture determines the amount of savings. The Pump-Back Device includes a combination of a valve and a pump. When activated, the cold water residing in the pipe between the water heater storage tank and the fixture is forced into the cold-water pipes until the water arrives at the fixture. Operational cost of the pump-back units involves expenditure of some electrical energy. However, according to the pilot study report, the estimated water savings ftom pump-back hot water demand units is 5,300 gallons per year per residential unit which is equivalent to 14.5 gpd/DU. The Point-of-Use, or Tank-less Water Heater includes the installation of small water heaters located very close to the point of use. Water is heated only when and precisely as much as needed and to the exact temperature necessary. According to the pilot study report, the estimated water savings ftom the Paint-of-Use units is 5,300 gallons per year per residential unit which is equivalent to 14.5 gpd/DU. Gray Water Gray water is untreated household wastewater originating ftom baths, showers, lavatories, and clothes washers, which does not come in contact with toilet waste. The state requirements for use of gray water for landscape irrigation are contained in the California Plumbing Code. The Code contains detailed and strict plumbing design requirements for the collection system, storage, overflow, bypass and distribution of the gray water. Currently, there are no federal regulations affecting the use of gray water. Based on an economic evaluation performed by the Master Developer, current regulatory limitations, and the uncertainty of future implementation requirements, the Master Developer of the Project has chosen not to include the use of gray water as an optional conservation measure at this time. 11.8.8 Water Conservation Target Table 4 provides the estimated potable water savings for the Project due to implementation of the non-mandated conservation measures, excluding those identified as optional measures, described above. Note that the estimated savings are applicable to projected potable water use within the Project. Recycled water conservation measures have not been considered. The total projected water savings for the Project, due to implementation of nan-mandated quantifiable measures, is approximately 59,566 gallons per day (gpd), which is approximately 5.3 percent of the total projected potable water demand summarized in Table 2. It is estimated that the Educational Program could reduce the projected total potable water demand by an additional 59,070 gallons per day (gpd), which is approximately 5.3%. PBSJ 11 EastLake III WCP April 2002 Section 11.8 - Water Conservation Plan Table 4 EastLake III Potable Water Savings Due To Non-Mandated Measures Water Savina Measures Units Unit Water Savinns(1) Savings Quantlflable Residential Hot Water Pipe Insulation 2061 DU 6.58 gpdlDU 13,561 gpd Pressure Reducing Valves 2061 ou 4.93 gpdlDU 10.161 gpd Water Efficient Dishwashers 2061 OU 1.78 gpdlDU 3.669 gpd ET Controllers for Parkway Irrigation 9.2 ac 737 gpdlac 6.780 gpd Open Space Use of Water Efficient landscaping 15.0 ae 1.116 gpdlac 16.740 gpd ET Controllers for OS Irrigation 23.5 ac 366 gpdlac 8.655 gpd Subtofll' 59,566 gpd Saving Based on Total Demand(l) 5.3 % Estimated Residential Educational Program (Low Density) 531 DU 60 gpdlDU 31.860 gpd Educational Program (Med Density) 907 OU 30 gpdlDU 27.210 gpd Subtofll' 59,070 gpd Saving Based on Total Demandfl) 5.3% Total Saving Based on Total Demand(2) 118,636 gpd 11 % 1) Unit water savings data sources: Pipe Insulation, pressure reducing valves, effcient dishwasher savings from draft Water Use EfffcJency:Strategies for Proposed Rflsidential Developments (9101) Infonnatlon booldet for low densityaasumes 15% reduction 016,000 SF of turf landscaping demand (CIty of Chula Vista, 3102) Infonnation booktetfor medlurn density assumes 15% reduction of 3,000 SF of turf landscaping demand (City of Chula VIsta, 3102) ET controllers used In Par1cways assumes 33% reduction In Irrigation demand from OWD Water Resources Master P1an (1995) Water efficient landscaping fOl'" open space assumes 50% reduction in Irrigation demand from owe Water Resources Master Plan (1995) ET controllers used in open space assumes 33% reduction of water efficient landscaping demand 2) See Table 2 for Total Projected Potable Water Demand 11.8.9 Implementation Measures The water conservation measures selected by the developer and required to be implemented as part of the WCP for the Project include three indoor and three outdoor measures. The required indoor measures selected include: 1. Hot Water Pipe Insulation, 2. Pressure Reducing Valves, 3. Water Efficient Dishwashers. The required outdoor measures selected include: 1. Educational Program, 2. ET Controllers, 3. Water Efficient Landscaping. The estimated potable water savings due to implementation of the selected non-mandated conservation measures described in Section II.8.7, are summarized in Table 4. To additionally promote the WCP, the developer will encourage merchant builders to offer other non-mandated conservation options to hamebuyers. These options will be displayed in the model homes and may include Dual Flush Toilets, High-Efficiency Washing Machines and Hot- Water On-Demand Units. PBSJ 12 EastLake III WCP April 2002 Section 11.8 - Water Conservation Plan Implementation of the WCP shall include the following efforts by the Master Developer. In addition to establishing requirements and guidelines for merchant builders, the Master Developer will be responsible for the following: · Provide educational materials and guidance to new homeowners; · Install drought tolerant landscaping, approved by the City, in selected streetscapes and open areas; · Require the inclusion of drought tolerant plant materials and efficient irrigation systems in the majority afbuilder installed landscaping; and · Organize and conduct educational seminars on a semi-annual basis or as agreed upon by the City, the District and the Master Developer throughout the construction phase of the Project. The seminars will serve to educate the homeowners on proper use and maintenance of the water conservation measures as well as inform them of any additional options available. A significant responsibility will also rest with the City of Chula Vista to ensure and enforce the provisions of this conservation plan, specifically the Planning & Building Department and the Building and Parks Construction Department. The departments will review plan submittals and develop an internal program to ensure that water conservation measures are properly implemented in public areas, and approve planting and irrigation plans for public parks and open spaces. The program should also allow the City to monitor water usage. Additional actions will include a cooperative effort among the Master Developer, the City of Chula Vista, the Otay Water District and the merchant builders to develop and conduct seminars and other outreach programs intended to educate and inform the homeowners of methods to conserve water. The seminars should also include information on the location and use of recycled water within EastLake III. The Master Developer shall provide all educational materials for use in the Educational Program. The provision of recycled water is the responsibility of the District, which will also be responsible for enforcing water quality regulations. The determination to use recycled water for irrigation far public parks and open spaces rests with the City. To ensure that all provisions of this plan are met, the standard review of landscape and construction documents performed by the City will include an evaluation of compliance with the provisions of this WCP. This approach will allow far a formal detenminatian by the City that each of the required measures is implemented. Future discretionary or administrative actions with regard to development within the EastLake III project may be utilized to address or ensure compliance with the prescribed water conservation measures. 11.8.10 Monitoring It is anticipated that the merchant builders will be providing potential homebuyers the aptian to include additional non-mandated conservation options other than those selected by the Master Developer. The Master Developer will assist the merchant builder in developing a program to track the options selected by the homebuyers. PBSJ 13 EastLake III WCP April 2002 Section 11.8 . Water Conservation Plan The EastLake Company anticipates attaining the water conservation targets for the EastLake III development project through the implementation of various water conservation measures. Among these water conservation measures is an Educational Program which will include an information booklet on water conservation measures. The EastLake Company believes that a substantial savings will be realized by educating homeowners in how to design, maintain and monitor their landscape irrigation. Recognizing the importance of monitoring the effectiveness of such an informational campaign, a monitoring program will be established for the EastLake III development to be conducted over a 12-manth period to measure the effectiveness of the Educational Program and Information Booklet. The preliminary outline far the monitoring program is provided below. Baseline Information· EastLake Trails Homeowners from the EastLake Trails community will be offered an opportunity to participate in the study. A maximum of 15 participants will be selected. The sites will be selected from lot sizes ranging from 4500 sq ft. to 7000 sq. ft. The following specific information will be obtained: · Number of occupants and makeup (i.e. adults, children) · Size of residence · Does anyone stay home during the day · How long the landscaping has been installed · Occupation of residents Each selected participant will be required to have had landscaping for at least six months prior to commencing the study. Photographs will be taken for documentation of landscaping conditions prior to, during and subsequent to implementation of the monitoring program. Participants will be asked to mail a copy of their monthly water bills to the EastLake Company for a period of one year, or allow the District to provide their water bill information directly to the EastLake Company. The EastLake Company agrees to create a fmancial incentive for participation in the study. This information will be collected and used to establish a base scenario of usage for specific lot and home sizes without the benefit of the Educational Program or the information booklet. EastLake III Monitoring All residents of the EastLake III development will be provided an Information Booklet. In addition, the EastLake Company agrees to conduct annual seminars, for up to three years, regarding the implementation of the Educational Program and Information Booklet. Homeowners within the EastLake III community will be offered an opportunity to participate in the Program. A maximum of 15 participants with similar profiles to those in the EastLake Trails development will be selected. The sites will be selected from lot sizes ranging from 4500 sq ft. to 7000 sq. ft. The following specific information will be obtained: · Number of occupants and makeup (i.e. adults, children) · Size of residence PBSJ 14 EastLake III WCP April 2002 Section 11.8 - Water Conservation Plan · Does anyone stay home during the day · How long the landscaping has been installed · Occupation of residents Each selected participant will have to have installed landscaping at least six months prior to the study. Each participant agrees that they will implement the measures and methods outlined in the Information Booklet. Participants will be asked to mail a copy of their water bills to the EastLake Company for a period of one year or allow the District to provide their water bill information directly to the EastLake Company. The EastLake Company agrees to create a financial incentive far participation in the study. The data will be collected during the same time period from bath study groups and will be used to create a usage table for comparison purposes. The EastLake Company will collect data an a monthly basis to provide accurate analysis of which conservation measures are beneficial. During the monitoring period EastLake would provide the City with Quarterly reports as well as a summary of the study once completed. PBSJ 15 EastLake III WCP April 2002 Appendix A Site Utilization Plan PBSJ EastLake III WCP April 2002 I.MdUM I ..........~ ~ & ~ L L L L t5..I '~t) 14 $(.0' '1;7 50 <40.1"1" n ....~I> .oe m:Uf1 ,,~. "'" ~lØ ···~·.I '.m ~JíØ.Ø,. :m:: ~"¥' .~, .. . I .Ifj ..". ;~ ",,'" Site Utilization Plan ~.........,. .' ," ~ ,'.- '" . .. ~.... ~E4STILlKC 1:11 lanned community bvl(;'ZstLa:-z.mpany UI 1M 'L.' .k I "!!!..' 1! ~ ; f' 1$1. ~ "1:1' jIq 1Ü P.CI ... Pel '1,t Pel IN 08 ... '*'--Jg :,- ~;;&I iI~.'.~;·"'.·'. ~~. , . 4-19 Appendix B Otay Water District Ordinance PBSJ EastLake III WCP April 2002 SECTION 26 WÂTER RECLAMATION PLAN AND IMPLRMENTING PRaCI~URRS 26.01 FINDINGS The state policies regarding use of reclaimed water are in the best ~nterest of the otay Water District. ~he major- ity of jurisdictions in San Diego County have adopted meas- ures to promote water reclamation. This ordinance is nec- essary to protect the common water supply of the reg~on which is vital to public health and safety, and to prevent endangerment of public and private property. San Diego County is highly dependent on limited imported water for domestic, agricultural and industrial uses. The reliability of the supply of imported water is uncertain. BY'<developing and "utili:: ing ..reclaimed· water, the need - for addi tionä'l imported water- can be·'-reduced. In light- of ·these 'circum- stances ," certain. Uses - of potable water may be considered-.. unreasonable or to constitute a nuisance where reclaimed. water is available or production of reclaimed water is unduly impaired. Reclaimed water would be more readily available in seasons of drought when the supply of potable water for nonessential uses may be uncertain. 26.02 A. B. USE OF RECLAIMED WATER District Policv: It is the policy of the Dis- tric~ that reclaimed water shall be used within- the jurisdict~on wnerever i~s use is financ~ally and techn;~~lly feasible, and consistent with legal requirements, preservation Of puÞlic health, safety and welfare, and the environment. Reauired Use for Greenbelt Purooses: No customer of the District shall make, cause, use or permit the use of potable water supplied by the Cistrict for qreenbelt uses, including, but not limited to. cemeteries, golf courses, parks and hiqhway land- scaped areas, vhen, fOllowing notice and a hear- ing, the District finds that reclaimed water is available under the following conditions: ~. the reclaimed vater is of adequate quality and is available for such greenbelt use; 2 . the reclaimed water may be furnished to such areas at a reasonable cost, comparable to or less than the cost of supplying potable domestic water; J. the State Department of Health Services has determined that such use would not be detri- mental to public health; and 26-1 Appendix C Proposed Recycled Water Use Areas PBSJ EastLake III WCP April 2002 Section 11.8 - Wet... Con.ervetlon Plen S· . "'-,~--=--:~- '.------_.8·',-- - - "!~c.".·..'.1ii..'".·.~,fm/]J ~;.8..~c.·..¡...·.......~dl,...;¡¡¡,.,'1,...1. '""".R.'Ò.:-LTIN-;;~·· ILLS :,;~~@jJf\~\~~!'ANCH ~ø>" '-''"\''''''h¿ .~ ""'_ j.(~ "\,:::]\'"-"-;-( ~--<'»:;,-- ~~ '<: .' 1'>c\'{ -_/,~:.--:y- - \~:,- \: :{«(~,;//;:?> M~\ ~ \,:~ '(. ;.~:>- ).\,\\~ ~12u1~8"i&~ .' I -,Ù~f<~">:-'~~:~«;:$:;l~' \,\\ .. . I 1 . ."¡ I B. (Sj.JE~~i. C~$I- J I... . _ ~ ....I CONNECT TO PLANNED }" MAIN -, OIly Resenolr ':~~;)~~{~' < ,;s)lâ:"j1î I "\\r'~llì I I '\.'\ II I I " .0 \ ~ \,' ) :{"" ).h I '",-/,·:;.¡ì" "'·0. 'I: 1-01: ril..1.! /M,/: OL V"IC TRA_Ø .. CENTER /:" .. .: i: \'\\ PANHANDLE SITE\ \ \i I. IJ' I c c: "',:.' :¡JI I' '. P: \. 131\620911recyWCP ,dwg April 29, 2002 Eastlake III Development April 2002 PBS w SCALE '·,2000' LEGEND ---- PROJECT BOUNDARY - 944 ZONE RECYCLED WATER USE AREAS ----- OT A Y LAKES TRIBUTARY BASIN BOUNDARY ---- 944 PL EXISTING 944 PL PROPOSED ............... 680 PL - PROPOSED I R030 I CIP PROJECT NUMBER 12" PIPE DIAMETER . PROPOSED IRRIGATION METER NOTE. 1. PRIVATE ON-SITE RECYCLED WATER SYSTEM NOT SHOWN. 2. aT A Y LAKES TRIBUTARY BASIN BOUNDARY NEAR THE PANHANDLE SITE HAS NOT BEEN DEFINED. RECYCLED WATER MAY BE USED OUTSIDE OF THE TRIBUTARY BASIN. Lower O"y Rt/StHyoj( PROPOSED RECYCLED WATER USE AREAS Appendix D Water Efficient Landscaping Pallets PBSJ EastLake III WCP April 2002 EASTLAKE III: General Landscape Plant Palette Vistas - Thematic Corridor Trees POPULUS FREMONTII 'NEVADA' FREMONT COTTONWOOD Vistas - Parkways, Entries, and Open Space TREES ARBUTUS UNEDO CERCIS OCCIDENTALlS CUPANIOPSIS ANACARDIOIDES JACARANDA MIMOSIFOLlA KOELREUTERIA BIPINNATA LAGERSTROEMIA SPP. METROSIDEROS TOMENTOSUS PINUS CANARIENSIS PINUS ELDARICA PLATANUS RACEMOSA POPULUS FREMONTII 'NEVADA' - QUERCUS AGRIFOLlA RHUS LANCEA SCHINUS MOLLE TRISTANIA CONFERTA SHRUBS ABEllA PROSTRATA AGAPANTHUS AFRICANUS CV. ARTEMESIA 'POWIS CASTLE' BUXUS M. JAPONICA CALLISTEMON C. 'LITTLE JOHN' DIETES BICOLOR ESCALLONIA FRADESII GREVILLEA SPP. HEMEROCALLlS HYB. HETEROMELES ARBUTIFOLIA LANTANA MONTEVIDENSIS LAVANDULA SPP. MYRTUS C. 'COMPACTA' NANDINA 'HARBOUR DWARF' OLEA E. 'LITTLE OLLIE' PHORMIUM SPP. PITTOSPORUM SPP. RAPHIOLEPIS INDICA ROSMARINUS SPP. TULBAGHIA VIOLACEA WESTRINGIA FRUTICOSA STRAWBERRY TREE WESTERN REDBUD CARROTWOOD TREE JACARANDA CHINESE LANTERN TREE CRAPE MYRTLE NEW ZEALAND X'MAS TREE CANARY ISLAND PINE AFGHAN PINE CALIFORNIA SYCAMORE FREMONT COTTONWOOD COAST LIVE OAK AFRICAN SUMAC CALIFORNIA PEPPER BRISBANE BOX PROSTRATE ABEllA LILY OF THE NILE POWIS CASTLE WORMWOOD JAPANESE BOXWOOD DWARF BOTTLEBRUSH FORTNIGHT LILY ESCALLONIA GREVILLEA EVERGREEN HYBRID DAYLlLY CALIFORNIA HOLLY LAVENDER LANTANA LAVENDER DWARF MYRTLE HEAVENLY BAMBOO DWARF OLIVE NEW ZEALAND FLAX VARIEGATED TOBIRA INDIA HAWTHORN ROSEMARY SOCIETY GARLIC COAST ROSEMARY Woods - Parkways, Entries, and Open space TREES ARBUTUS UNEDO CITRUS SPP. CUPRESSUS SEMPERVIRENS CYCAS REVOLUTA ERIOBOTRYA DEFLEXA FICUS RUBIGINOSA LAURUS NOBllIS 'SARATOGA' OLEA EUROPA 'SWAN HILL' PAULOWNIA TOMENTOSA PHOENIX CANARIENSIS PINUS PINEA PLATANUS ACERIFOllA POPULUS NIGRA PYRUS CALLERY ANA 'ARISTOCRAT' QUERCUS ILEX TIPUANA TIPU SHRUBS AGAPANTHUS AFRICAN US CV. BUXUS M. JAPONICA CALLISTEMON C. 'LITTLE JOHN' CYCAS REVOLUTA DIETES BICOLOR ESCALLONIA FRADESII HEMEROCALLIS HYB. ILEX C. 'BURFORDII' LANTANA MONTEVIDENSIS LAVANDULA SPP. lIGUSTRUM J. TEXANUM MYRTIS C. 'COMPACTA' NANDINA 'HARBOUR DWARF' OLEA E. 'LITTLE OLLIE' OSMANTHUSFRAGRANS PHORMIUM SPP. PITTOSPORUM SPP. PUNICA GRANATUM CV. RAPHIOLEPIS INDICA CV. ROSMARINUS OFFICINAlIS CV. SVZVGIUM PANICULATUM CV. TULBAGHIA VIOLACEA VIBURNUM TINUS CV. WESTRINGIA FRUTICOSA STRAWBERRY TREE CITRUS ITALIAN CYPRESS SAGO PALM BRONZE LOQUAT RUSTY LEAF FIG SWEET BAY FRUITLESS OLIVE EMPRESS TREE CANARY ISLAND PALM ITALIAN STONE PINE LONDON PLANE TREE LOMBARDY POPLAR ORNAMENTAL PEAR HOLLY OAK TIPU TREE LILY OF THE NILE JAPANESE BOXWOOD DWARF BOTTLEBRUSH SAGO PALM FORTNIGHT LILY ESCALLONIA EVERGREEN HYBRID DAYlILY BURFORD HOLLY LAVENDER LANTANA LAVENDER TEXAS PRIVET DWARF MYRTLE HEAVENLY BAMBOO DWARF OLIVE SWEET OLIVE NEW ZEAlAND FlAX VARIEGATED TOBIRA POMEGRANITE INDIA HAWTHORNE ROSEMARY BRUSH CHERRY SOCIETY GARLIC LAURUSTINUS COAST ROSEMARY GROUND COVERS 1 VINES AGAPANTHUS A. 'PETER PAN' ARMERIA MARITIMA BOUGAINVILLEA SPP. CL YTOSTOMA CALLlSTIGIOIDES DISTICTIS BUCCINATORIA HIBBERTIA SCAN DENS MARATHON TURF MYOPORUM P. 'PUTAH CREEK' TRACHELOSPERMUM JASMINOIDES PELARGONIUM PEL TATUM CV. WISTERIA SINENSIS Vistas - Interior Slopes TREES CERCIS OCCIDENTALlS JACARANDA MIMOSIFOLlA GINKGO BILOBA KOELREUTERIA BIPINNATA PINUS CANARIENSIS QUERCUS AGRIFOLlA RHUS LANCEA TRISTANIA CONFERTA SHRUBS ARCTOSTAPHYLOS SPP. CISTUS PURPUREUS COTONEASTER LACTEUS - ESCAlLONIA FRADESII HETEROMELES ARB UTI FOLIA LANTANA CAMARA - LEPTOSPERMUM SCOPARIUM NERIUM OLEANDER RHAPHIOLEPIS INDICA - RHUS INTEGRIFOllA XYLOSMA CONGESTUM DWARF LlL Y-OF- THE-NILE SEA PINK BOUGAINVILLEA LAVENDER TRUMPET VINE BLOOD-RED TRUMPET VINE GUINEA GOLD VINE TALL FESCUE MIX PROSTRATE MYOPORUM STAR JASMINE IVY GERANIUM CHINESE WISTERIA WESTERN REDBUD JACARANDA MAIDENHAIR TREE CHINESE FLAME TREE CANARY ISLAND PINE COAST LIVE OAK AFRICAN SUMAC BRISBANE BOX MANZANITA ORCHID ROCKROSE RED CLUSTERBERRY ESCAlLONIA TOYON YELLOW SAGE NEW ZEALAND TEA TREE OLEANDER INDIA HAWTHORN LEMONADE BERRY SHINY XYLOSMA GROUND COVERS MYOPORUM PACIFICUM 'PUTAH CREEK' MYOPORUM Woods . Interior Slopes TREES CEDRUS ATLANTICA CUPRESSUS SEMPERVIRENS FRAXINUS O. 'RA YWOOD' LAURUS NOBILlS 'SARATOGA' OLEA EUROPA 'SWAN HILL' PHOENIX CANARIENSIS PINUS ELDERICA PINUS PINEA PLATANUS ACERIFOLlA POPULUS NIGRA QUERCUS ILEX ATLAS CEDAR ITALIAN CYPRESS RAYWOOD ASH SWEET BAY FRUITLESS OLIVE CANARY ISLAND PALM AFGHAN PINE ITALIAN STONE PINE LONDON PLANE TREE LOMBARDY POPLAR HOLLY OAK SHRUBS BOUGAINVILLEA SPP. CISTUS PURPUREUS ECHIUM FASTUOSUM ESCALLONIA FRADESII HETEROMELES ARBUTIFOLlA JASMINUM MESNEYI MYRTUS COMMUNIS NERIUM OLEANDER PLUMBAGO AURICULATA CV. PRUNUS ILlCIFOLlA RAPHIOLEPIS INDICA ROSA BANKSIAE ROSMARINUS OFFICINALlS CV. BOUGAINVILLEA ORCHID ROCKROSE PRIDE OF MADIERA ESCALLONIA TOYON PRIMROSE JASMINE MYRTLE OLEANDER CAPE PLUMBAGO HOLL YLEAF CHERRY INDIA HAWTHORN LADY BANK'S ROSE ROSEMARY GROUND COVERS MYOPORUM PACIFICUM 'PUTAH CREEK' MYOPORUM Transition (Eastern) Slopes SMALL TREES/LARGE SHRUBS: ARBUTUS UNEDO CERCIS OCCIDENTALlS FEIJOA SELLOWIANA HETEROMELES ARBUTIFOLlA MYRICA CALlFORNICA SHRUBS BOUGAINVILLEA SPP. ECHIUM FASTUOSUM MYRTUS COMMUNIS NERIUM OLEANDER RHAMNUS C. SPP. CALlFORNICA ROSMARINUS OFFICINALlS CV. WESTRINGIA FRUTICOSA STRAWBERRY TREE WESTERN REDBUD PINEAPPLE GUAVA TOYON PACIFIC WAX MYRTLE BOUGAINVILLEA PRIDE OF MADIERA MYRTLE OLEANDER COFFEEBERRY ROSEMARY COAST ROSEMARY GROUND COVERS DELOSPERMA ALBA TRAILING WHITE ICE PLANT DROSANTHEMUM FLORIBUNDUM ROSEA ICE PLANT GAZANIA RIGENS L. HYBRIDS TRAILING GAZANIA MYOPORUM PARVIFOLlUM 'PUTAH CREE PROSTRATE MYOPORUM HOA Eastern Slopes I Lower Salt Creek Slope between Wetlands and Trail SMALL TREES/LARGE SHRUBS: CERCIS OCCIDENTALlS HETEROMELES ARBUTIFOLlA QUERCUS DUMOSA RHUS INTEGRIFOLlA SHRUBS ARTEMESIA CALIFORNICA BACCHARIS P. SPP. CONSANGUINEA CEANOTHUSTOMENTOSUS DUDLEY A PULVERULENTA FEROCACTUS VIRIDESCENS LONICERA SUBSPICATA OPUNTIA LmORALlS OPUNTIA PROLlFERA RHAMNUS C. SPP. CALIFORNICA RIBES SPECIOSUM ROSA MINUTIFOLlA YUCCA SCHIDIGERA WESTERN REDBUD TOYON SCRUB OAK LEMONADE BERRY CALIFORNIA SAGEBRUSH COYOTE BRUSH WooLL YLEAF CEANOTHUS CHALK LETTUCE SAN DIEGO BARREL CACTUS SAN DIEGO HONEYSUCKLE COASTAL PRICKLY-PEAR COASTAL CHOLLA COFFEEBERRY FUCHSIA-FLOWERED GOOSEBERRY BAJA CALIFORNIA WILD ROSE MOHAVE YUCCA NATIVE HYDROSEED MIX ARTEMESIA CALlFORNICA CALIFORNIA SAGEBRUSH BACCHARIS PILULARIS VAR. PILULARIS CHAPARRAL BROOM BACCHARIS SAROTHROIDES BROOM BACCHARIS CASTILLEJA EXSERTA OWL'S CLOVER DICHELOSTEMMA CAPITATUM BLUE DICKS ENCELlA CALlFORNICA COASTAL DAISY EREMOCARPUS SETIGERUS DOVEWEED ERIOGONUM FASCICULATUM CALIFORNIA BUCKWHEAT ERIOPHYLLUM CONFERTIFLORUM GOLDEN YARROW GNAPHALlUM CALlFORNICUM CALIFORNIA EVERLASTING HELlANTHEMUM SCOPARIUM SUN ROSE ISOCOMA MENZIESII VAR. DECUMBENS DECUMBENT GOLDEN BUSH LASTHENIA CALIFORNICA GOLDFIELDS LOTUS SCOPARIUS DEERWEED LUPINUS BICOLOR LUPINE MIMULUS AURANTIACUS RED MONKEYFLOWER NASSELLA PULCHRA PURPLE NEEDLE GRASS PLANTAGO OVATA PLANTAIN SALVIA APIANA WHITE SAGE SALVIA COLUMBARIAE CHIA SISYRINCHIUM BELLUM BUE-EYED GRASS VIGUIERA LACINIATA SAN DIEGO COUNTY VIGUIERA · . Appendix E City Review Comments PBSJ EastLake III WCP April 2002 -- Apr-03-Z00Z 1Z:54pm From-PBS'J SAN DIEGO 858-6Z7-1757 T-67Z POOZ/D03 F-516 .- February 27,2002 Guy Asaro, Vice President The EastIake Company, LLC 900 Lane Avenue, Suite 100 Chula Vista, CA 91914 Subject: Revised Draft Water Conservation Plan far Eastlake ill ~ Dear Mr. Asaro: We have completed our review of the revised draft Water ConselVation Plan (WCP) for Eastlake Ill. Thank you once again for your participation in the water conselVatian pilot study and the conservation effans you have included in your WCP. I have attached a file containing an edited copy of your revised WCP. In addition to those changes the City has the following comments and concerns; . -' 1. Pae:e 6. Table 2 Moditÿ Unit Demand footnote #1 to read as follows: Residential demand adapted from actual annual water consumption data provided by Jim Peasley, Otay Water Disttict, 10122/01. -. 2. Pae:e 7. Table 3. The acreage for the CPF-1 area is incorrect. Based on the Site Utilization Plan in Appendix A, CPF-1 is 10.8 gross/acres. The associated values may need to be corrected as well. '- ~ 3. Pae:e 10. Outdoor Measures. Educational Proe:ram. Our former comments and concerns regarding Information Booklets and documentation still apply. Refer to letter dated November 28, 2001. There are insufficient specific program commitments to document such savings through the Educational Program. We have reviewed the Delorenzo & Associates memorandum and have not found documentation to justify a claim of 30010 reduction in water consumption due to an ¡nfonnation booklet. RECEIVED TIME APR. 3. 1:01PM PRINT THE APR. 3. 1:03PM Apr-03-2002 12:54p. From-PBS'J SAN DIEGO EUII Revised WCP 858-621-1757 7-671 P003/003 F-516 Page 2 .- 4. Pal!e 12. Water Conservation Tarl!et and Table 4. Modify this section to identify the docwnented water conservation measures and savings separate from an estimate of the savings attained through the Educational Program. -.. The City's consultant has recommended that a potable water savings of 15% be used in calculating the savings attributed to water-efficient landscapes resulting from the implementation of an education program and infonnation booklet. A more accurate estimate of water conservation in the project would be achieved. Please incorporate the above-mentioned changes into your draft Water Conservation Plan. If you have questions or would like to discuss these comments further, please contact me at (619) 409-5928. Sincerely, Mary Venables GreenStar Program Coordinator cc: Bill McKibbin, Eastiake Company John Lippitt, City of Chula Vista Mark Stephens, City of Chuia Vista RECEIVED TIME APR. 3. 1:01PM PRINT TII'E APR. 3. 1:02PM OTAY RANCH VILLAGE ELEVEN SPA 11.8 WATER CONSERVATION PLAN May 13,2002 . Dexter Wilson Engineering, Inc. Consulting Engineers 703 Palomar Airport Road Suite 300 Carlsbad, CA 92009 (760) 438-4422 Job Number: 635-161 TABLE OF CONTENTS SECTION NO. PAGE NO. II-8.1 II-8.2 II-8.3 II-8.3a II-8.4 II-S.5 II-S.5a II-S.5b II-S.6 II-S.7 II-S.7a II·S.7a1 II-S.7a2 II-S.7a3 II-S.7b II-S. 7b 1 II-S.7b2 II-S. 7 c EXECUTIVE SUMMARY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1 INTRODUCTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2 PURPOSE ..............................................3 Project Description .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4 WATER SUPPLy........................................ 6 PROJECTED WATER USE............................... 6 Potable Water Demand ............................. 6 Recycled Water Demand ............................ 7 MANDATED WATER CONSERVATION MEASURES....... S NON-MANDATED WATER CONSERVATION MEASURES .............................................9 Indoor Measures to be Implemented ................. 9 Water Efficient Dishwasher. . . . . . . . . . . . . . . . . . .. 9 Water Pressure Reduction.................... 10 Hot Water Pipe Insulation. . . . . . . . . . . . . . . . . . .. 10 Outdoor Measures to be Implemented .............. 10 Evapotranspiration Controllers. . . . . . . . . . . . . .. 10 Water Conservation Guide. . . . . . . .. . . . . . . . . ... 11 Optional Measures ................................ 12 Dual Flush Toilets. . . . . . . . . . . . . . . . . . . . . . . . . .. 12 High Efficiency Washing Machines. . . . . . . . . . .. 12 Hot Water On-Demand Units................. 12 1 TABLE OF CONTENTS SECTION NO. PAGE NO. II-S.S WATER CONSERVATION TARGET...................... 13 II-S.9 IMPLEMENTATION MEASURES........................ 14 II-S.I0 MONITORING ......................................... 17 REFERENCES .................................................... 20 APPENDIX A RECYCLED WATER AND GRAYWATER BACKGROUND INFORMATION 11 Table 1 Table 2 Table 3 Table 4 Table 5 Table 6 Table 7 LIST OF TABLES PAGE NO. Projected Potable Water Demands for Otay Ranch Village Eleven ............................... 7 Projected Recycled Water Demands for Otay Ranch Village Eleven ............................... S Mandated Water Conservation Devices. . . . . . .. . .. . . . . . .... S Water Conservation Targets. . . . .. . . . .. . . . . . .. . .. . . . . . . .. 14 Otay Ranch Village Eleven, Multifamily Proposed Water Conservation Measures.................. 15 Otay Ranch Village Eleven, Medium Density Residential Water Conservation Measures ............... 16 Otay Ranch Village Eleven Implementation Program. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. IS LIST OF FIGURES Figure 1 Potential Recycled Water Use Areas ....................... 5 111 ABBREVIA TIONS ac - ac-ft - cfd - cfs - gpd - gpf- gpm - HOA- mgd - acre acre-foot comm uni ty facilities district cubic feet per second gallons per day gallons per flush gallons per minute homeowner's association million gallons per day USEFUL CONVERSIONS 1 acre-foot = 325,S29 gallons 1 mgd = 1,000,000 gallons/day 1 cfs = 44S.S gpm 1 cubic foot = 7.4S gallons 1 mgd = 694.4 gpm IV II-S.I EXECUTIVE SUMMARY The City of Chula Vista's Growth Management Ordinance requires that all. development projects with 50 dwelling units or greater prepare a Water Conservation Plan at the time of the Sectional Planning Area Plan preparation. This plan presents a review of presently available technologies and practices which result in water conservation in primarily residential development. This report presents water conservàtion measures that will be incorporated into the planning and design of Village Eleven. Proposed development within Village Eleven includes 2,S04 mixed density residential dwelling units, two schools, commercial areas, parks, and open space. The residential development proposes I,Sl1 single family residential units and 993 multi-family units. The Otay Water District is the local water agency that will supply potable water and recycled water to Village Eleven. The total estimated average potable and recycled water use for Village Eleven is 6S7,S54 gpd and 2S0,59S gpd, respectively. The State and local government have mandated a number of water conservation measures. The focus of this study is on the implementation of non-mandated water conservation measures. The Village Eleven project has established a water conservation target of 25 percent reduction of single family home water usage and 7 percent on multi-family water usage. To meet this target, the developer will install hot water pipe insulation, pressure reducing valves, and water efficient dishwashers in all single family and multi-family residential units. Additionally, single family homeowners will have evapotranspiration controllers, receive a landscaping guide, and be invited to education seminars on the methods and importance of water conservation. At buildout of the Village Eleven project, implementation of the above measures would result in an estimated water· savings of 141,7S0 gallons per day. I II-S.2 INTRODUCTION In recent years, the subject of water conservation has been given increased attention. The growing awareness of the need and value of water conservation has been sparked by local and regional water purveyors concerned about meeting the future water demands of their customers, particularly during drought conditions. Water conservation provides an alternative approach to the problem of finding new water sources to meet the water demand for a proposed community. The intent of water conservation is to manage water demand so that the customers receive adequate service but use less water. Much has been done to educate consumers about limitations of water supply, the serious implications of a long-term drought, and the need for water conservation, but there is a practical limit to the percentage reduction of water use in established communities. This limit is a result of the types of plumbing fixtures installed in existing homes as well as the difficulty in altering consumers' established patterns of water use. Any water conservation effort, voluntary or mandatory, requires the cooperation of the public. Public information should be utilized to inform and convince the consumer that a change in personal water use habits is in everyone's best interest. In recent years, the private development sector has become more attuned to the concerns of water availability and has recognized the value of addressing water conservation issues throughout planned development projects. By incorporating low water use plumbing fixtures, promoting drought tolerant landscaping, and providing educational materials to homeowners within the development project, private developments can do much to cultivate an interest in water conservation and establish new p'atterns of water use. These efforts can have significant impacts with· regard to reducing the need for securing and importing larger quantities of water for use in San Diego County. 2 II-S.3 PURPOSE The City of Chula Vista's Growth Management Ordinance requires that all major development projects (50 dwelling units or greater) prepare a Water Conservation Plan at the time of Sectional Planning Area (SPA) Plan preparation. Consistent with the Master Planned Communities Outline, Section II.S of the Village Eleven SPA Plan contains the Water Conservation Plan. The City Council has expressed a desire that other currently non-mandatory water conservation measures, including graywater use for larger lots and expanded recycled water systems be considered in future water conservation plans. In response, the City is undertaking an effort to develop and adopt guidelines for the preparation and implementation of required water conservation plans. This effort involves a pilot study of three master planned projects (Otay Ranch Villages Six and Eleven, and Eastlake III), evaluating the relative effectiveness, costs, and issues associated with the implementation of additional water conservation measures beyond those currently mandated. The results of the evaluation will assist the City and developers in identifying the most beneficial conservation features to be implemented in a particular development. This plan presents a review of presently available technologies and practices which result in water conservation in primarily residential developments. The purpose of this report is to determine which of these technologies and practices are economically efficient and most cost effective to implement within the Village Eleven of the Otay Ranch project. This report presents water conservation measures which will be incorporated into the planning and design of Village Eleven and will· provide a target for the anticipated water savings. This water conservation plan presents the long-term benefits with regard to water use reduction for the project. 3 Approximately half of the water used by residences in California is used outdoors. For this reason, several options are presented that serve to reduce outdoor water use. The latest water conservation devices are presented along with an evaluation of their feasibility. A detailed discussion on the use of graywater as a means of water conservation is also provided in an appendix. In addition to evaluating residential water conservation devices, the benefits of using recycled water for the irrigation of parks and other landscaped areas is discussed. Although not covered in detail, there are several secondary benefits to conserving water that should be kept in mind when reviewing material in this report. These benefits include reduced sewage flows, reduced natural gas use, and reduced electricity use. Using less water in the shower, for example, reduces the amount of water input into the sewer system and reduces the amount of energy required to heat the water. II-S.Sa Proiect Descrivtion Proposed development within the Village Eleven boundary includes 2,304 mixed density residential dwelling units, two schools, commercial areas, parks, and open space. The residential development proposes 1,311 single family residential units and 993 multi-family units. There is a mixed use area on the site that proposes high density residential development and commercial development. The irrigated open space portions of the project will be maintained by either a homeowners association or community facilities district. The proposed land use plan is provided on the following site utilization plan. 4 0 Z. ~~~~~~~~g*~~~~~~=~~~~~~~~~e .3 .. 3" 0 WZ ~;¡ ~ ." Ñ 0 Iii~ ~NO~C~_~N~~N~_~M_O~~O~~oqq~~ ~¡¡s w~~~~~w~~~~~~~w~~~~~~~~~~~~~ <" .0 . ~ ðŠ~~~~~~~~~~q~~~q~~·~~~~~~~~q~ ¿=dâ~~~~~3~~~~~~~~~~~:~~~1 œ ~~~N~~___~~___O~~~N_OO~WOO. ~~5N--- ---- ---- ~----- ---~ .....:;.......... __ N ..... IDN_ ~. < < w .~~ ~~~~~5ð8acccc~..... . " 0 ~~~~~~~~~~~~~~~~~~~~~~~~~~2 ìffi~~~t~~~~~~~%ðððððo~~~~~ Z ~88uu~~~~~~g~~~ŒŒŒ~OOOOO S 0 ¡1J ~i 0 0 - - " "" """ i'~~!! '"" .~ < < < ~ < <~~<~. £55< .....NM~~~~~æO.....NM~~"'S~~œO.....NM~~~ 3~~~~~«~1~:~~~~~ . ~ sjj~g O. ~œ~ŒœŒœŒœ~~~~~~~~~~~~~~~~~ ~< " " . .. .-..Š ~00'!)il'~ æ . . . ::J::Õ ~W Æo.. ~ ~ ! ~ :/] ª~ ! .~,¡¡ I H "i! 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The Otay Water District relies solely on the San Diego County Water Authority (SDCWA) for its potable water supply. The SDCWA is the largest of 27 member agencies of the Metropolitan Water District of Southern California (MWD), which is the primary importer of domestic water in Southern California: 11-8.5 PROJECTED WATER USE II-S.5a Potable Water Demand Water use is affected by, among other things, climate and the type of development. In California, recent trends towards the construction of more multi-unit housing, the general reduction in residential lot size, and a number of local agency water conservation programs in effect are all tending to reduce per capita water consumption. Total water use within the boundaries of the San Diego County Water Authority is approximately 209 gallons per capita per day and total use within the boundaries of the Otay Water District is estimated at 20S gallons per capita per day'. These values take into account commercial, agricultural, and industrial water uses as well as residential use. Potable water demands were projected by taking the total acreage by land use and multiplying by water use factors. Table 1 provides the projected potable water demand for Village Eleven. The total estimated average potable water use is 6S7,354 gpd. Potable water use factors were taken from the April 1995 Otay Water District Water Resources Master Plan prepared by Montgomery Watson. 6 Table 1 Projected Potable Water Demands for Ota Ranch Villa e Eleven Single-Family 195.8 1,785 391.6 349,503 Residential Multiple-Family 112.1 2,232 280.3 250,207 Residential Commercial/CPF 12.5 1,785 25.0 22,313 School 1,7S5 II-8.5b Recvcled Water Demand In accordance with Section 26 of the Otay Water District Code of Ordinances, the Village Eleven project will utilize recycled water for the irrigation of open space slopes, parks, parkway and median landscaping, and the common areas of schools and multi-family residential sites. Figure 1 identifies the potential recycled water use areas. Table 2 provides the projected recycled water demand for Village Eleven. The total estimated recycled water use is 230,59S gpd. Recycled water use factors were taken from the April 1995 Otay Water District Water Resources Master Plan' prepared by Montgomery Watson. 7 TABLE 2 Projected Recycled Water Demands for Ota Ranch Villa e Eleven Open Space 60.0 100 60.0 2,232 133,920 Slo es, Parkwa s Parks 16.7 100 16.7 2,232 37,300 Commercial/CPF 12.5 20 2.5 2,232 5,580 School 36.6 20 7.3 2,232 16,300 II-8.6 MANDATED WATER CONSERVATION MEASURES The State and many local Governments have mandated a number of water conservation measures. Table 3 summarizes the conservation measures that are mandated by the State of California. TABLE 3 MANDATED WATER CONSERVATION DEVICES Sink Faucets 2.5 gpm 2.2 gpm 2.2 gpm 0.25-0.75 gal/cycle 0.1 gpm Showerheads Lavatory Faucets Metering Faucets in Public Restrooms Tub Spout Diverter 8 Commercial Water Closets 1.6 gpf 1.6 gpf 1.6 gpf 1.0 gpf Residential Water Closets Flushometer Valves Urinals Source: September 2001 report by Bahman Sheikh II-S.7 NON-MANDATED WATER CONSERVATION MEASURES Implementing water conservation measures before the construction of a new development project provides an opportunity to include measures that might not be feasible or cost effective to retrofit within a developed area. There are several measures described below that would be expensive to retrofit, but may be cost effective if included in the initial construction. As a part of the Water Conservation Pilot Study, the City and participating developers evaluated numerous potential water conservation measures for use within the projects. Based on the evaluation the Village Eleven project selected three indoor and two outdoor measures for implementation in all of the participating projects. The statistics represent results from surveys of manufacturers of the various water conservation devices. Indoor and outdoor measures are discussed separately. This report focuses on non-. mandated water conservation measures. II-8.7a Indoor Measures to be Imvlemented II-S.7al Water Efficient Dishwasher. Efficient dishwashers are designed tó reduce the amount of water used per load. Efficient dishwashers use about 6.0 to 7.0 gallons per load versus standard dishwashers that use 9 about S.O to 9.0 gallons per load. This results III an estimated annual savings of 650 gallons per residential unit. II-S.7a2 Water Pressure Reduction. Pressure reducing valves are used to lower water consumption through system leakage by redùcing the pressure head to between 50 and 60 psi. Lower water pressure also reduces the flow rate from faucets in wash basins resulting in more efficient use of the water. This device is mainly useful in areas where water pressure is greater than 60 psi. The annual water savings resulting from the installation of pressure reducing valves is estimated to be I,SOO gallons per residential unit. II-S.7a3 Hot Water Pipe Insulation. Insulation can be installed around the hot water piping at a household to minimize the amount of time tbat the homeowner waits for hot water at a sink or bathtub faucet. This measure can easily be implemented during initial construction, but would be infeasible as a retrofit to an existing home. This measure is expected to reduce annual water usage by approximately 2,400 gallons per unit. II-S.7b Outdoor Measures to be Implemented II-S. 7b 1 Evapotranspiration Controllers. Evapotranspiration controllers are a relatively new technology that have primarily been used in larger landscaped areas such as parks and open space slopes. The technology is, however, applicable to single family residences. The system works by controlling irrigation schedules based on local evapotranspiration data. Radio signals from a central control facility would continually transmit the appropriate information to irrigation controllers at each customer's site and the controller would activate the irrigation system for the appropriate 10 length of time. The annual water savings for a typical single family house is 20,000 gallons when compared to a conventional irrigation system. II-S. 7b2 Water Conservation Guide. Studies have shown that increased public awareness and information is very important to an effective water conservation plan'. A water conservation education program including information and a landscape watering guide will be distributed to the homeowners of the development project. The program will be a cooperative effort among the City of Chula Vista, the Otay Water District, and the Master Developer to train and assist homeowners in the design and installation of water efficient landscaping and to educate the homeowners on the efficient irrigation of landscaping. The Master Developer will provide all educational materials. The contents of the educational program and information guide shall be approved by the Director of Planning and Building. Besides efficient irrigation, the home water conservation guide will include information on general conservation techniques, such as listing commonly available drought resistant plants, and explain how to install efficient irrigation systems such as drip irrigation. The developers involved in the pilot study have researched the amount of water used on homeowner landscaping and the amount of savings that could be achieved through proper watering techniques. Their findings indicate that a medium density home uses approximately 200 gpd on their landscaping whereas a low density home uses 400 gpd on landscaping. It is estimated that the average homeowner overwaters their lawn by 25 to 40 percent. By educating the homeowner and providing incentive for reduced water use, it is assumed that a 15 percent reduction in household water use can be achieved. An important aspect of this measure is to involve the Otay Water District in an effort to encourage the efficient use of water over the long term. Ways in which the Otay Water District can play an important role include II providing the customer with historical water use data on their individual water bills and structuring their water rates to penalize high water users. The developers are in the process of coordinating the involvement of the Otay Water District on this measure. II-S.7c Optional Measures II-S.7c1 Dual Flush Toilets. Rather than flushing at a rate of 1.6 gallons per cycle, dual flush toilets give the user the option to flush with O.S gallons depending on need. The relative newness of this technology presents the most significant challenge in the implementation of this device. The estimated annual water savings from this measure is 4,000 gallons per residential unit. II-S.7c2 High Efficiencv Washing Machines. Efficient clothes washers are designed to reduce the amount of water used per load. In a typical household, it is estimated that efficient front loading washers can result in an annual savings of 7,000 gallons per residential unit. Many times clothes washers are not sU Jplied by the developer so it is often not their decision whether or not to install the more efficient machines. II-S.7c3 Hot Water On-Demand Units. There are two types of hot water on-demand devices available on the market. One type, referred to as a "pump-back device," utilizes a combination of a valve and a pump. When activated, the cold water in the pipe between the fixture and the water heater storage tank is forced into the cold water pipe until the hot water arrives at the fixture. Then, the valve is automatically activated to allow hot water to flow out of the fixture for immediate use. The other type of on- demand unit, referred to as a "tank-less water heater," involves the 12 installation of small water heaters located close to the point of use such as in bathrooms and the kitchen. The estimated annual water savings from hot water on-demand units is 5,300 gallons per residential unit. II-S.S WATER CONSERVATION TARGET The developers involved in the pilot water conservation program have participated in a series of meetings with the City of Chula Vista. The initial meetings were based on the September 2001 Water Use Efficiency: Strategy for Proposed Residential Developments prepared for the City of Chula Vista by Bahman Sheikh, Ph.D., P .E. This study evaluates the costs and benefits associated with several indoor and outdoor water conservation measures as well as the expanded use of recycled water and graywater. More recent meetings between the City of Chula Vista and the developers have focused on identifying which non-mandatory water conservation measures are feasible to implement and what the anticipated water savings will be from these measures. In the course of this analysis, the developers have found that the potential water savings vary widely based on land use' types. Multifamily residential units, for example, have much less opportunity to implement additional water saving measures than low density single family residential units. This is primarily because the common landscaped areas of multi-family units are required to be irrigated with recycled water and, thus, there are no outdoor water conservation measures that can directly offset potable water usage in these areas. The Village Eleven project has set targets for the reduction of water use in multi-family residential and single family residential units. The targeted reduction is 7.0 percent for multi-family residential and 25.0 percent for s'ingle family residential. Table 4 summarizes the total estimated water savings for Village Eleven based on this proposed reduction. 13 TABLE 4 WATER CONSERVATION TARGETS Multi-family 993 188 7 13 96 12,909 125,856 Medium Density Single Family 1,311 385 25 II-S.9 IMPLEMENTATION MEASURES For the Village Eleven project, Tables 5 and 6 summanze the water conservation measures that will be implemented for multifamily residential units, and single family residential units, respectively. These tables also provide the anticipated savings associated with the implementation of these measures. The water conservation measures selected by the developer and required to be implemented as part of the water conservation plan for the project include three indoor and two outdoor measures. The required indoor measures include: Hot Water Pipe Insulation Pressure Reducing Valves Water Efficient Dishwashers The required outdoor measures selected include: Educational Program Evapotranspiration (ET) Controllers 14 The developer of Village Eleven agrees to install ET controllers in all single family front yards, subject to the timely availability of controller equipment and service. Should the cost effectiveness of the ET controllers prove to be inconsistent with the September 2001 Water Use Efficiency: Strategy for Proposed Residential Developments report or the ET controllers or service are unavailable, this requirement may be modified by mutual consent of the Master Developer and the Director of Planning and Building. Based on 993 multifamily units and 1,311 medium density single family units within the Village Eleven project at buildout, implementation of the quantifiable measures in Tables 5 and 6 would result in estimated water savings of 102,450 gallons per day for the project. It is estimated that the Educational Program could reduce the projected total potable water demand by an additional 39,330 gallons per day. TABLE 5 OTAY RANCH VILLAGE ELEVEN MULTIFAMILY PROPOSED WATER CONSERVATION MEASURES Hot Water Pipe Indoor 2,400 6.58 3.5 6,534 Insulation Pressure Indoor 1,800 4.93 2.6 4,895 Reducing Valves Water Efficient Indoor 650 1.78 1.0 1,768 Dishwashers ¡Based on 188 gpd/unit average usage. 15 TABLE 6 OTAY RANCH VILLAGE ELEVEN MEDIUM DENSITY RESIDENTIAL WATER CONSERVATION MEASURES Hot Water Pipe Indoor 2,400 6.58 1.7 8,626 Insulation Pressure Indoor 1,800 4.93 1.3 6,463 Reducing Valves Water Efficient Indoor 650 1.78 0.5 2,334 Dishwashers ET Controllers Outdoor 20,000 54.79 14.2 71,830 Subtotal 24,850 68.08 17.7 89,253 Landscape Guide Outdoor 10,950 30.0 7.8 39,330 'Based on 385 gpd/unit average usage. To further promote the Water Conservation Plan, the developer will encourage the merchant builder to offer other non-mandated conservation options to homebuyers. These options will be displayed in the model homes and may include Dual Flush Toilets, High-Efficiency Washing Machines and Hot-Water On-Demand Units. Implementation of the Water Conservation Plan shall include the following efforts by the Master Developer. In addition to establishing requirements and guidelines for merchant builders, the Master Developer will be responsible for the following: . Provide educational materials and guidance to new homeowners. 16 · Install drought tolerant landscaping, approved by the City, in selected streetscapes and open areas. · Require the inclusion of drought tolerant plant materials and efficient irrigation systems in the majority of builder installed landscaping. · Organize and conduct educational semInars on a semi-annual basis, or as agreed upon by the City, the District, and the Master Developer throughout the construction phase of the project. The seminars will serve to educate homeowners on proper use and maintenance ofthe water conservation measures as well as inform them of any additional options available. II-S.I0 MONITORING For the water conservation measures proposed to be incorporated into the Village Eleven project, Table 7 summarizes the implementation timing for each measure, as well as the responsibility for monitoring and reporting on the effectiveness of the measures. It is anticipated that the merchant builders will be providing potential homebuyers the option to include additional non·mandated conservation options other than those selected by the Master Developer. The Master Developer will assist the merchant builder in developing a program to track the options selected by the homebuyers and will report the findings to the City. The program to track water conservation options by homebuyers will be approved by the Chula Vista Director of Planning and Building. 17 TABLE 7 OTAY RANCH VILLAGE ELEVEN IMPLEMENTATION PROGRAM Hot Water Pipe Developer Initial Construction City of Chula Vista Insulation Pressure Reducing Developer Initial Construction City of Chula Vista Valves Water Efficient Developer Initial Construction City of Chula Vista Dishwashers ET Controllers Developer Initial Construction City of Chula Vista Landscape Guide Developer/City Initial Construction/ Developer of Chula Vista Ongoing/Semi-Annual A significant responsibility will rest with the City of Chula Vista to ensure and enforce the provisions of this conservation plan, specifically the Planning & Building Department and the Building & Parks Construction Department. The departments will review plan submittals and develop an internal program to ensure that water conservation measures are properly implemented in public areas, and approve planting and irrigation plans for public parks and open spaces. The program should also allow the City to monitor water usage. Additional actions will include a cooperative effort among the Master Developer, the City of Chula Vista, and the Otay Water District to develop and conduct seminars and other outreach programs intended to educate and inform the homeowners of methods to conserve water. The seminars should also include information on the location and use of recycled water in Village Eleven. The Master Developer shall provide all educational materials for use in the Educational Program. 18 The provision of recycled water is the responsibility of the District, which will also be responsible for enforcing water quality regulations. The determination to use recycled water for irrigation for public parks and open spaces rests with the City. To ensure that all provisions of this plan are met, the standard review of landscape and construction documents performed by the City will include an evaluation of compliance with the provisions of this Water Conservation Plan. 19 REFERENCES 1. San Diego County Water Authority, 1996 Annual Report. 2. Bahman Sheikh, Water Use Efficiency, Strategies for Proposed Residential Developments, September 2001. 3. American Water Works Association Journal, Volume 79, No.3, March 19S7. 4. Engineering News Record (ENR) Journal, July 2000. 20 APPENDIX A RECYCLED WATER AND GRAYWATER BACKGROUND INFORMATION Recvcled Water The expansIOn of the recycled water system to serve irrigation of single family homes is the only remaining area where large quantities of potable water use could be offset by recycled water use. The expansion of the recycled water system to include single family residential units is not recommended at this time for the following reasons: 1. The ultimate supply of recycled water to the Otay Water District is anticipated to be S.O mgd. The District has identified ultimate demands for this entire amount, without the inclusion of single family. residential landscaping. Therefore, it does not make sense to extend the recycled water system beyond what is currently planned by the Otay Water District. 2. Although the pipes are color coded, there is the slight possibility that a homeowner could interconnect the potable and recycled water systems. 3. The public perception of recycled water creates a negative impact on the developers marketing of a home that uses recycled water. 4. In some residential areas, there will be difficulties associated with providing a supply of recycled water to each home and still maintain the required separation from potable water systems. Gravwater Graywater is untreated household waste water which has not come into contact with toilet waste. Graywater includes used water from bathtubs, showers, bathroom sinks, clothes washers, and laundry tubs. Graywater does not include waste water from toilets, kitchen sinks, dishwashers, or laundry water from soiled diapers. California's graywater standards are part of the Uniform Plumbing Code, making it legal to use graywater everywhere in California. The Standards were developed and adopted in response to Assembly Bill 3518, the Graywater Systems for Single Family Residences Act of 1992. Recent changes in the 1997 Uniform Plumbing Code have increased the potential for using graywater. The most significant changes are that graywater systems can now be used in commercial, industrial, and multi-family projects whereas they were previously only allowed at single family residences. Also, only one irrigation zone is now required, instead of the previous requirement of two zones. An irrigation zone is the square footage of irrigation area required by the Uniform Plumbing Code based on the estimated graywater flow. The largest concern regarding the use of graywater are the health issues associated with the potential presence of pathogens. Although the potential health risks associated with exposure to graywater is undefined, it is prudent to take a cautious approach. For this reason, the use of graywater is currently limited to subsurface irrigation systems. These systems typically consist of sub-surface drip irrigation or mini-leach field systems. In reviewing all of the information available on the use of graywater, our goal was to maintain an objective view on the feasibility of using graywater o'n this particular project. We have identified numerous advantages and disadvantages regarding the use of graywater as presented below. Advantages 1. The largest advantage of graywater use is the potential water savings. It is estimated that a graywater system can conserve approximately 46,000 per year for a typical household with 1,200 square feet of irrigation area. 2. In practical applications, the use of graywater 'has not had a detrimental impact to the soil which it has been applied. The consensus is that soil is contaminated, whether irrigated with graywater or not. 3. As with other water conserving devices, a secondary benefit to using graywater will be reduced sewage flows that have to be conveyed and treated. Disadvantages 1. Although technically feasible, the use of a home graywater system would only be economically attractive under extreme water cost or extreme wastewater disposal conditions. 2. Installation of a graywater system requires a building permit. To obtain a permit usually requires a plot plan, details of construction to ensure code compliance, and soils information. In addition, a successful graywater system is dependent on numerous factors including topography, climate, soil permeability, soil type, and irrigation requirements. 3. Even if home graywater system installations become more widespread, the sewer conveyance and treatment facilities will still be required to have the same capacity. This is primarily due to the fact that during the winter months, graywater will generally be diverted to the sewer system. Also, there is no assurance that a homeowner will not abandon a graywater system at some point in the future. 4. Although the operation and maintenance requirements for a home graywater system are relatively simple, homeowners may not be willing or able to perform them regularly and poor operation could result. A typical maintenance schedule would be performed quarterly and would consist of cleaning an influent screen, washing cartridge filters, replenishing chlorine tablets and removing sludge from the washwater storage tank. Lack of proper maintenance can result in clogged irrigation drippers, pump damage, or other system problems. For this reason, maintenance contracts with plumbing contractors or other trained personnel should be considered. 5. Another limitation to the use of graywater for irrigation is its salinity. Graywater has a high sodium content and is consequently less desirable for irrigation. Some of the common plants that have been identified as not suitable for irrigation with graywater include azaleas, violets, impatiens, begonias, ferns, gardenias, and primroses. This limitation can be addressed somewhat by the laundry detergent and cleaners that the homeowner uses. Special detergents have been developed specifically for use with graywater systems. 6. As the implementation of graywater systems Increases, the remaining flow in the sewer system may be insufficient to carry solids through the sewer collection system. This can result in anaerobic conditions which can damage sewer lines and treatment plants. These types of problems would only be expected as graywater system installation becomes widespread, but represent a significant concern to sewage system operators. In order to evaluate the economIC feasibility of using graywater on this project, some costs for a typical graywater system and maintenance program were estimated. From the data we researched, a typical graywater system costs approximately $3,000 installed and .includes the additional plumbing required to collect graywater, a washwater holding tank with pumps and controls, and all necessary appurtenances such as filters and overflow piping. Costs for an irrigation system were not included since it is assumed that an irrigation system would be installed whether or not graywater is utilized. Graywater system operation and maintenance costs can range from $60 to $400 annually depending on whether they are performed by the homeowner or a plumbing contractor. VILLAGE SIX SPA Section 11.8 Water Conservation Plan April 2002 PBSJ Project No.: 048/620610.03 Prepared For: .\~ McMillin Land Development Prepared By: PBSJ 175 Calle Magdalena Encinitas, CA 92024 By:9~~lt-,J Daniel S. Brogadir Project Manager PBS ATTACHMENT 12 Acknowledgements PROJECT TEAM McMillin Land Development: Bob Pletcher Frank Zaidle Vice President Project Engineer 619-336-3672 619-336-3175 Otay Ranch Company: Ranie Hunter Vice President 619-234-4050 Dexter Wilson: Steve Nielson Project Manager 760-438-4422 PBS&J: 760-753-1120 Daniel S. Brogadir Cynthia S. Peraza Project Manager Project Engineer PBS Village Six SPA April 2002 Table of Contents CHAPTER PAGE Abbreviations and Terms ..................................................................................... iii 1 Water Conservation Plan 11.8.1 11.8.2 11.8.3 11.8.4 11.8.5 11.8.6 11.8.7 11.8.8 11.8.9 11.8.10 Tables 1 2 3 4 Figures 1 Executive Summary ..............................................................................1 Introduction................ ... ......... ......... ..... ..... ......... ... ... ....... ......................2 Purpose.... ... ... ...... ... ... ....... ....... ....... ....... ............... ... ..... ......... ...............2 Water Supply and Service.....................................................................4 Projected Water Use.. .......................... .................................................5 Mandated Water Conservation Measures.............................................8 Non-Mandated Water Conservation Measures .....................................8 Water Conservation Target.................................................................11 Implementation Measures ...................................................................12 Monitoring.......................................................................................... .14 Proposed Land Use ..............................................................................4 Projected Village Six Potable Water Demands .....................................5 Projected Village Six Recycled Water Demands...................................6 Village Six Potable Water Savings Due to Non-Mandated Measures .12 Proposed Recycled Water Use Areas...................................................7 Appendices A Otay Water District Ordinance B City Review Comments N:I048I620610103\ReportslApril 2002 Water Conservation Planl14 APR 2002 Vlg 6 WCP - 042002 - REVISED 051502.doc PBS ii Village Six SPA April 2002 Abbreviations and Terms Abbreviations ~ ac Acre AAD Average Annual Demand CAS Central Area System CPF Community Purpose Facility CSA Central Service Area CFD Community Facilities District DU Dwelling Unit HOA Home Owners Association GDP General Development Plan gpd Gallons per day gpm Gallons per minute MG Million gallons MGD Million gallons per day MWD Metropolitan Water District ORC Otay Ranch Company psi Pounds per square inch SDCWA San Diego County Water Authority SPA Sectional Planning Area WCP Water Conservation Plan WRF Water Recycling Facility WTP Water Treatment Plant WWTP Wastewater Treatment Plant Terms District Project City Otay Water District Village Six Development City of Chula Vista WATER EQUIVALENCIES TABLE Measure Equivalencies 7.48 gallons (gal) 62.4 pounds of water (Ibs) 43,560 cubic feet (eI) 3,259,000 gallons (gal) 450 gallons per minute (gpm) 646,320 gallons per day (gpd) 1,120 acre-feet r ar ae- 1 cubic foot (eI) 1 cubic foot per second (ets) 1 acre-foot (ae-tt) 1 ae-tt 1 ets 1 cfs 1 million Note: An acre-foot covers 1 acre of land 1 foot deep PBSJ iii Village Six SPA April 2002 Section 11.8 - Water Conservation Plan 11.8.1 Executive Summary The Village Six development (Project) is a master planned community located within the City of Chula Vista (City). The Project encompasses approximately 386.4 acres and is bounded by the future Olympic Parkway to the north, Birch Road to the South, and La Media Road and State Route 125 to the west and east, respectively. The principal landowners for Village Six include McMillin Companies (McMillin) and the Otay Ranch Company (Otay Ranch). The City's Growth Management Ordinances requires that al1 major development projects consisting of 50 dwelling units or more prepare a Water Conservation Plan (WCP) at the time of SPA plan preparation. Since there are currently no fonnal guidelines for the preparation of the WCP, developers have typical1y prepared the required plans based primarily on State and Federal1y mandated water conservation measures and also closely reflect the requirements of the local water districts. ~ The City has undertaken an effort to develop and adopt fonnal guidelines for the preparation and implementation of required WCPs. The plan is intended to respond to the long-tenn need to conserve water in new and future developments. Additional1y, it is intended that the plan will be implemented over the life of the Project and will establish standards that wil1 be acceptable to future project residents regardless of water availability. The City's effort involves a pilot study of three master-planned projects, including the Village Six development. The pilot study will evaluate the relative effectiveness, costs, and issues associated with the implementation of additional water conservation measures beyond those currently mandated. Specific non-mandated water conservation measures identified for implementation in the Village Six project include: · Hot water pipe insulation · Pressure reducing valves · Water efficient dishwashers · Educational Program The estimated total potable water savings for the Project due to implementation of the non- mandated quantifiable conservation measures is approximately 27,723 gal10ns per day (gpd), which is approximately 4 percent of the total projected potable water demand for the Project. Additional conservation measures are estimated to reduce the projected total potable water demand by an additional 26,490 gallons per day (gpd), which is approximately 3.9%. Note that recycled water conservation measures were not included in the estimated savings through non- mandated measures. Merchant builders wil1 be encouraged to display the fol1owing conservation measures in model homes and offer these measures as options to potential homebuyers. · Dual Flush Toilets · High-Efficiency Washing Machines · Hot-Water On-Demand Units PBSJ 1 Village Six SPA April 2002 Section 11.8 - Water Conservation Plan 11.8.2 Introduction The Village Six development (project) is a proposed master-planned community included in the Otay Ranch General Development Plan (GDP) and located within the City of Chula Vista (City). Principal landowners include the McMi1lin Companies (McMi1lin) and Otay Ranch Company (ORC). As mandated by the City's Growth Management Ordinance, a Water Conservation Plan (WCP) for the Project is being prepared concurrently with preparation of the Sectional Planning Area (SPA) Plan. Consistent with the Master Planned Communities Outline, Section II.8 of the Village Six SPA Plan contains the Water Conservation Plan. In addition to the general requirements specified in the Growth Management Ordinance, the Project has been included in a pilot study to assess specific non-mandated water conservation measures. Consequently, this WCP has been prepared in accordance with the pilot study. The approach to water conservation outlined in this plan includes identification of specific non- mandated water conservation measures to be implemented throughout the life of the Project. The WCP includes a description of the measures and presents targeted water use reduction goals for the Project. 11.8.3 Purpose The purpose of the WCP for Village Six is to identifY specific non-mandated water conservation measures to be implemented as part of a pilot study currently being perfonned by the City. In accordance with the Growth Management Policies of the City, the water conservation measures presented in this plan are intended to respond to the long-tenn need to conserve water in new and future developments. This plan is intended to be implemented over the life of the Project and to establish standards which will be acceptable to future Project residents regardless of water availability. The City's Growth Management Ordinance requires that all major development projects consisting of 50 dwelling units or more prepare a WCP at the time of SPA plan preparation. Currently, there are no fonnal guidelines for the preparation of the WCP. Developers have typically prepared the required plans based primarily on State and Federal mandated water conservation measures that also reflect the requirements of the local water districts. The City Council has expressed a desire that other currently non-mandated water conservation measures, including potential use of gray water and expanded recycled water use, be considered in future WCPs. In response, the City is undertaking an effort to develop and adopt fonnal guidelines for the preparation and implementation of required WCPs. The effort involves a pilot study of three master-planned projects, including the Village Six development. The pilot study will evaluate the relative effectiveness, costs and issues associated with the implementation of additional water conservation measures beyond those currently mandated. The results of the evaluation will assist the City and developers in identifying the most beneficial conservation features to be implemented in a particular development. PBSJ 2 Village Six SPA April 2002 Section 11.8 - Water Conservation Plan Specific non-mandated water conservation measures identified by the principal landowners for implementation in the Village Six project include: ." · Hot water pipe insulation · Pressure reducing valves · Water efficient dishwashers · Educational Program Project Description The Project encompasses approximately 386.4 acres located within the Village Six SPA of the Otay Ranch GDP. Proposed development includes single-family residential, multi-family residential, commercial, parks, schools, Community Purpose Facilities (CPF), and open space. Table I contains a summary of the proposed land use for McMillin's and Otay Ranch's portions of Village Six based on gross acreages. McMillin's portion will consist primarily of single- family and multi-family residential construction, a O.8-acre common nsable open space area, a 32.5-acre private high school, and 11.5-acre church site. The lots being developed by McMillin are located in the northwestern and southeastern most sections of Village Six. Otay Ranch's portion of Village Six includes planned land use consisting of single-family and multi-family residential construction, a 7.6-acre park, a IO-acre elementary school, commercial development, a CPF site, and open space. The lots being developed by Otay Ranch are located in the northeastern and southwestern most sections of Village Six. PBSJ 3 Village Six SPA April 2002 Section 11.8 - Water Conservation Plan Table 1 Proposed Land Use ~ 'II PARCEL' .., LANÔUSE¡ ..i. . ·····DEVELÐ..eo BY·' .... I: ~.!/ !!JriI?I.LIf>!,C? . ..... .' ..' .i...·.·;. ·].ruNrrs . R-1 SF Residential McMillin 26.2 105 R-3 SF Residential McMillin 35.6 159 R-4 SF Residential' McMillin 20.4 92 R-6 SF Residential McMillin 20.4 126 R-10 MF Residential McMillin 12.1 212 CPF-2 Catholic Church McMillin 11.5 - R-11/5-2 Private High School McMillin 32.5 - McMIllin Sub-total 158.7 694 R-2a SF Residential Olay Ranch Company 19.7 87 R-2b SF Residential Olay Ranch Company 21.3 115 R-5 SF Residential Olay Ranch Company 16.6 111 R-7a SF Residential Olay Ranch Company 12.9 66 R-7b MF Residential Olay Ranch Company 5.8 165 R-8 MF Residential Olay Ranch Company 11.7 337 R-9a MF Residential Olay Ranch Company 21.8 163 R-9b MF Residential Olay Ranch Company 12.7 326 CPF-1 Public Facility' Olay Ranch Company 5.2 - C-1 Commercial Otay Ranch Company 3.0 - 5-1 Elemenlary School Otay Ranch Company 10.0 - P-1 Park Otay Ranch Company 7.6 - Otay Ranch Co. Sub-totol 146.3 1,392 ADD'L LAND USE OS Open Space McMillin/Otay Ranch Co. 21.1 - CIRC Circulation McMillin/Olav Ranch Co. 58.3 - Additional Land Use Total 79.4 VILLAGE 6 TOTAL 386.4 2,086 ~ ~ ~ ,... 1. SF is Single Family, MF is Multi Family 2. Unit R~3 includes 0.8 Be designated as Common Usable Open Space planned for development as a recreation facility. 3. Community Purpose Facility (CPF) includes non-profit type facilities. ~ Information pertaining to HOA or CFD controned landscaping was not available at the time this study was prepared and, therefore, delineation of these parcels is not included. 11.8.4 Water Supply and Service The Project is situated within the Otay Water District (District) and win receive potable and recycled water from the District's Central Area System (CAS). The District is a member of the San Diego County Water Authority (SDCWA) which purchases imported water from the Metropolitan Water District of Southern California (MWD). The Project is located within the District's Central Service Area (CSA) and win receive water supply from extensions to the existing Central Systern transmission network. The District wiJl also provide recycled water service to the Project. As mandated by District policy, recycled water win be utilized for landscape irrigation on all greenbelts. Recycled water supply is currently available from the District's Ralph W. Chapman Water Recycling Facility (WRF) located near the intersection of Singer Lane and Highway 94. The plant has a practical PBSJ 4 Village Six SPA April 2002 Section 11.8 - Water Conservation Plan Recycled Water The City requires the use of recycled water, if available, for landscape irrigation within designated areas as defined by state and local health codes. Recycled water will be used to irrigate arterial road landscaping, manufactured slopes within open space areas, parks and multi- family residential areas. Recycled water will be used for landscape irrigation on all common landscape parcels in accordance with District Ordinance Section 26: Water Reclamation Plan and Implementing Procedures (Appendix A). Developers have recognized expansion of the recycled water system to serve irrigation of single- family homes provides an opportunity for large quantities of potable water to be offset by recycled water use. Although this has been identified as a potential water conservation measure, the District does not currently support the expansion of the recycled water system to include single-family residential units. Current District policy excludes the use of recycled water for irrigation of land uses not specifically identified in the Master Plan as designated recycled water use areas. ,The Project will receive recycled water supply from extensions to the existing CSA recycled water transmission system which is currently under construction but not yet complete. As specified in the District's Master Plan, the recycled water duty used to convert irrigated acreage into average annual demand (AAD) is 2,232 gallons per day (gpd) per gross acre for all land use types within the Project. Proposed recycled water use areas within Village Six are shown in Figure I. The estimated recycled water demands for the Project are presented in Table 3. Table 3 Projected Village Six Recycled Water Demands ¡g~EAGE~"~CEIff IRRIGATED.fNIT DE~D'ÀV~EMAN't) (Ø.......ac) J~~TED ~ '(gpella,,) ,,' < < ,'(gpel) 0.60 100 0.60 2,232 1,766 5.60 15 0.87 2,232 1,942 11.70 15 1.76 2,232 3,917 21.60 15 3.27 2,232 7,299 12.70 15 1.91 2,232 4,252 12.10 15 1.82 2,232 4,051 3.00 10 0.30 2,232 670 5.20 20 1.04 2,232 2,321 11.50 20 2.30 2,232 5,134 32.50 20 6.50 2,232 14,508 58.30 10 5.83 2,232 13,013 21.10 100 21.10 2,232 47,095 7.60 100 7.60 2,232 16,963 10.00 20 2.00 2,232 4,464 214,10 57.09 127,414 R-3 (Common Usable Open Space) R-7b R-8 R-9a R-9b R-10 c-1 CPF-1 CPF-2 (Catholic Church) R-111S-2 (Private School) Circulationl landscaping Open Space P-1 5-1 Total Vlllaga 8 The total projected recycled water use is approximately 127,414 gpd. PBSJ 6 Village Six SPA April 2002 Section 11.8 - Water Conservation Plan Recycled Water The City requires the use of recycled water, if available, for landscape irrigation within designated areas as defined by state and local health codes. Recycled water will be used to irrigate arterial road landscaping, manufactured slopes within open space areas, parks and multi- family residential areas. Recycled water will be used for landscape irrigation on all common landscape parcels in accordance with District Ordinance Section 26: Water Reclamation Plan and Implementing Procedures (Appendix A). Developers have recognized expansion of the recycled water system to serve irrigation of single- family homes provides an opportunity for large quantities of potable water to be offset by recycled water use. Although this has been identified as a potential water conservation measure, the District does not currently support the expansion of the recycled water system to include single-family residential units. Current District policy excludes the use of recycled water for irrigation of land uses not specifically identified in the Master Plan as designated recycled water use areas. .The Project will receive recycled water supply from extensions to the existing CSA recycled water transmission system which is currently under construction but not yet complete. As specified in the District's Master Plan, the recycled water duty used to convert irrigated acreage into average annual demand (AAD) is 2,232 gallons per day (gpd) per gross acre for all land use types within the Project. Proposed recycled water use areas within Village Six are shown in Figure 1. The estimated recycled water demands for the Project are presented in Table 3. Table 3 Projected Village Six Recycled Water Demands . '. '. /"0 PERCE/IiT IRRlGATE~ .. . ..... 'ACREAGE UNIT DEMAND AVGDEMAND I LAND USE Ülroanc) IRRIGATED ····.AREA (gpdlac) '~(gpd) . ...,. .. (%) (ac) ... R-3 (Common Usable Open Space) 0.80 100 0.80 2.232 1,786 R-7b 5.80 15 0.87 2.232 1,942 R-8 11.70 15 1.76 2.232 3,917 R-9a 21.80 15 3.27 2.232 7,299 R-9b 12.70 15 1.91 2,232 4,252 R-10 12.10 15 1.82 2,232 4,051 C-1 3.00 10 0.30 2,232 870 CPF-1 5.20 20 1.04 2,232 2,321 CPF-2 (Catholic Church) 11.50 20 2.30 2,232 5,134 R-11/S-2 (Private School) 32.50 20 6.50 2,232 14,508 Circulationl Landscaping 58.30 10 5.83 2,232 13,013 Open Space 21.10 100 21.10 2,232 47,095 P-1 7.80 100 7.60 2,232 18,963 5-1 10.00 20 2.00 2,232 4,484 Total Villaoe 6 214.10 - 57.09 - 127,414 The total projected recycled water use is approximately 127,414 gpd. PBSI 6 Village Six SPA April 2002 c: a: (I) «'" '" w C 0.0 ;s: w w w w .... LLI <nO z z z z < '" ;:¡ ;:¡ ;:¡ ;:¡ ;= a: U):-=: c: w w w w C a. a. 09, 09, 0 ~ 0 ¡¡: ¡¡: wo. wo. w "'c. ;: "a: "a: (/ a: (/ a: ~ W ~ 0 U '" 0.... gw gw Ow Ow >- (I) > "'w ........ ........ a..... a..... ~< Q::) :> .. w !!1< !!1< 0< 0< CD "- ~;= ~~ g:~ g:~ a:W Wa: '" ;; a: enW c: ~, wO wO wO wO 0< W w w Ol- e: 0 ~ zW ZW zW ZW enUJ ::> o~ o~ o~ o~ c:i A.C () _/ « NU NU NU NU OU C) U 0.- Z i~ >- >- >- >- o~ ¡¡: .. (/ oU ..u oU ..u a. CD 0 IDUJ ..W IDUJ ..UJ a:UJ Õ A.Q - IDa: 0> a: IDa: 0> a: a. en '" I I W ~ -' . Q òl . ~I . ~ () z () 0 > ~ w "'I '" N () (! W w I I a: c: -I 0 ;: U CD en .. ... ... . a: 12. IFUTUREI -¡¡. ¡Fúr7Ñ¡ . ... . a: . Ii! Iiiiim -I 12-Œ!ID N o o N -' ... .. '" . .. .,; " Ü u " a: ri. U ~ ... o .,; ¡¡¡ o N <D <D .. '. ID .. ... ... o .,; ¡¡¡ o N I( Section 11.8 - Water Conservation Plan 11.8.6 Mandated Water Conservation Measures The federal water efficiency plumbing standards are included in the Energy Policy Act enacted in 1992, and effective January 1, 1994. Passage of the Act provided a unifonn standard for manufacturers of water-using fixtures including ultra-low-flow-toilets, low-flow showerheads and faucets, aerators, washing machines, and other appliances and fixtures. State regulation of water use efficiency is based on the California Constitution Water Code. The Constitution provides the basis for efficient water use and is the foundation for the state's subsequent policies and mandates regarding water conservation and reuse. Additionally, the Urban Water Management Planning Act, which was adopted by the California Legislature in 1983 and amended serially through 1995, requires advance planning for water supplies to meet projected demands in the short term and long-tenn, with emphasis on water conservation, water recycling, emergency planning for drought restrictions on water use and other provisions. In California, regulation of manufacturing and installation of hot- water-related plumbing fittings is under the jurisdiction of the California Energy Commission. The efficiency requirements and regulations are incorporated in the California Code of Regulations Title 20, Chapter 2, Subchapter 4; Energy Conservation, Article 4: Appliance Efficiency Regulations, California. The regulations establish the maximum flow rate of all new showerheads, lavatory faucets, sink faucets, and tub spout diverters manufactured, sold or offered for sale in California. In summary, current federal and state legislation mandates apply to the required use of certain plumbing devices that meet specified maximum flow rates. These devices include: · Showerheads · Lavatory Faucets · Sink Faucets · Metering Faucets in Public Restrooms · Tub Spout Diverters · Residential Water Closets · Flushometer Valves · Commercial Water Closets · Urinals In addition, the City of Chula Vista's Landscape Manual, Part One, General City Requirements, 4.4.3 Water Management Element, requires the use of recycled water, if available, for landscape irrigation within designated areas as defined by state and local health codes. 11.8.7 Non-Mandated Water Conservation Measures As part of the Water Conservation Pilot Study, the City and participating developers evaluated numerous potential water conservation measures for use within the designated development projects. Based on the evaluation, the principal developers selected the following indoor and outdoor measures for implementation in all of the participating projects. It should be noted that PBSJ 8 Village Six SPA April 2002 Section 11.8 - Water Conservation Plan actual water savings can vary widely depending on individual circwnstances, and depending on antecedent water use habits, against which savings are measured. These measures are described below. The Water Use Efficiency: Strategies for Proposed Residential Development report prepared by Bahman Sheikh, Ph.D., P.E. for the City includes a benefit/cost summary for the potential conservation measures and may be referred to for such infonnation. INDOOR MEASURES Hot Water Pipe Insulation Insulation of hot water pipes and separation of the hot and cold pipes to reduce heat exchange will reduce the amount oftime the faucet will need to flow to produce hot water. The estimated unit water savings is 6.58 gaVday, which equates to an average annual water savings of 2,400 gallons per residential dwelling unit. Pressure Reducing Valves Installation of a pressure-reducing valve at the water connection location can maintain the pressure within residential units below 60 psi, thereby reducing the volwne of leakage that may be present and preventing excessive flow of water fÌ'om all appliances and fixtures. The estimated unit water savings is 4.93gaVday or an average annual water savings of 1,800 gallons per residential dwelling unit. Water Efficient Dishwashers New water efficient dishwashers can save as much as 2 gallons per cycle over a non-efficient model. Based on 0.9 cycles per day per single-family residence, the estimated unit water savings is 1.78 gaVday, which results in an annual water savings of 650 gallons per residential dwelling unit. OUTDOOR MEASURES Educational Program Education of the homeowner as to how to design, maintain and monitor their landscape irrigation system is one of the most cost effective ways to implement water conservation. A key component will include an infonnational booklet. Creating a laymen's handbook that is instructive on how to properly water yard landscaping and providing it to each homeowner could provide a substantial potable water savings. According to the City's consultant, the average homeowner can save 15 percent of their watering cost by implementing recommended planting, irrigation, and landscape maintenance practices. For the pmpose of this evaluation, an average reduction in landscape irrigation of 15 percent was used for estimation pmposes. This is equivalent to 30 gaVday per mediwn density, single-family dwelling units. The estimated annual water savings is 10,950 gallons per mediwn density, single-family dwelling unit. PBSJ g Village Six SPA April 2002 Section 11.8 - Water Conservation Plan The Educational Program will be a cooperative effort among the City of Chula Vista, the Otay Water District and the developer to train and assist homeowners in the design and installation of water efficient landscaping. The program will include educational seminars conducted by the Master Developer for new homebuyers throughout the construction phase of the Project. The Master Developer will provide all educational materials. The contents of the educational program including an infOlmation booklet shall be approved by the Director of Planning and Building. OPTIONAL MEASURES The Master Developer will encourage the merchant builders to offer other non-mandated conservation options to homebuyers. It is envisioned that the following water conservation components will be displayed in model homes and offered as options to homebuyers. The options may include: · Dual Flush Toilets · High-Efficiency Washing Machines · Hot-Water On-Demand Units · Evapotranspiration (ET) Controllers Dual Flush Toilets Dual-Flush Toilets are designed to provide the user the option to flush with partial (0.8 gallons) flow of water or with a full (1.6 gallon) flow, depending on need. According to the pilot study report, the estimated annual water savings is 4,000 gallons per residential unit. High-Efficiency Washing Machines High-efficiency washing machines are ftont-loading models of clothes washers. Also referred to as horizontal-axis washing machines, they require approximately 60 percent of the water used by conventional washing machines and can provide an annual water savings of 7,000 gallons per residential unit according to the pilot study report. Hot-Water On-Demand Units There are currently two types of hot-water on-demand devices available. The two types include the Pump-Back Device and the Point-of-Use, or Tank-less Water Heater. The ftequency of use of the fixture detennines the amount of savings. The Pump-Back Device includes a combination of a valve and a pump. When activated, the cold water residing in the pipe between the water heater storage tank and the fixture is forced into the cold-water pipes until the water arrives at the fixture. Operational cost of the pump-back units involves expenditure of some electrical energy. However, according to the pilot study report, the estimated water savings fÌ'Om pump-back hot water demand units are 5,300 gallons per year per residential unit, which is equivalent to 14.5 gpdIDU. PBSJ 10 Village Six SPA April 2002 Section 11.8 - Water Conservation Plan The Point-of-Use, or Tank-less Water Heater includes the installation of small water heaters located very close to the point of use. Water is heated only when and precisely as much as needed and to the exact temperature necessary. According to the pilot study report, the estimated water savings from the Point-of-Use units are 5,300 gallons per year per residential unit, which is equivalent to 14.5 gpd/DU. EVAPOTRANSPIRATION (ET) Controllers ET controlled irrigation systems are designed to operate with timed, fixed irrigation scheduling. Radio signals from a central control station transmit the appropriate infonnation to irrigation controllers that operate a number of sprink1ers. The controllers activate the irrigation system for the appropriate length of time to deliver the precise amount of water based on real-time estimates of actual plant evapotranspiration. The estimated average water savings per acre is approximately 737 gpd which is approximately a 33 percent savings. Gray Water Gray water is untreated household wastewater originating from baths, showers, lavatories, and clothes washers, which does not come in contact with toilet waste and is used in irrigation of residential or other landscaping. The state requirements for use of gray water are contained in the California Plumbing Code. The Code contains detailed and strict plumbing design requirements for the collection system, storage, overflow, bypass and distribution of the gray water. Currently, there are no federal regulations affecting the use of gray water. The City of Chula Vista perfonned a cost analysis of several sizes of irrigation areas to detennine at what point use of gray water becomes cost effective. A household size of 3.2 residents was assumed. The breakpoint was detennined to be approximately 2,300 sq ft of irrigated area. The City also detennined that a minimum lot size of 6,000 square foot would probably be needed to provide the 2,300 sq ft landscaped area. Lot sizes with less than 2,300 sq ft of landscape area will probably not provide a cost-effective opportunity for use of a gray water system. Since lot sizes within the Village Six development are less than the 6,000 sq ft necessary to make this conservation measure feasible, the measure to use gray water was not further evaluated. 11.8.8 Water Conservation Target The estimated potable water savings for the Project due to implementation of the non-mandated conservation measures, excluding those identified as optional measures, described above are summarized in Table 4. Note that the estimated savings are applicable to projected potable water use within the Project. Recycled water conservation measures have not been considered. PBSJ 11 Village Six SPA April 2002 Section 11.8 - Water Conservation Plan Table 4 Village Six Potable Water Savings Due to Non-Mandated Measures Water Savino Measures Units Unit Water Savinos(1) Savinos Quantifiable McMillin Residential Hot Water Pipe Insulation 694 DU 6.58 gpd/DU 4,567 gpd Pressure Reducing Valves 694 DU 4.93 gpdlDU 3,421 gpd Water Efficient Dishwashers 694 DU 1.78 gpd/DU 1,235 gpd McMillin Subtotal 9,223 gpd Otay Ranch Residential Hot Water Pipe Insulation 1,392 DU 6.58 gpd/DU 9,159 gpd Pressure Reducing Valves 1,392 DU 4.93 gpd/DU 6,863 gpd Water Efficient Dishwashers 1,392 DU 1.78gpdlDU 2,478 gpd Otay Ranch Subtotal 18,500 gpd Quantifiable Total 27,723 gpd "'avlnn Bac,," nn Tn'c' D..mcn,,(2) 4% Estimated McMillin Information Booklet (Med Densi1y) 482 DU 30 9pd/DU 14,460 gpd McMillin Subtotal 14,460 gpd Olay Ranch Information Booklet (Med Densi1y) 401 DU 30 gpd/DU 12,030 gpd Otay Ranch Subtotal 12,030 gpd Estimated Total 26,490 gpd Savina p- .~ I Tatal (2) 4% VILLAGE 6 TOTAL (2) 54,213 gpd 8% 1) Unit water savings data sources: Pipe insulation, pressure reducinQ valves. effcient dishwasher savinQs from draft Water Use Efflciencv:Stralegies for Proposed Residential Developments (9/01) Information booklet for medium density assumes 15% reduction of 3,000 SF of turf landscapinø demand (City of Chula Vista, 3/01) 2) See Table 2 for Total Projected Potable Water Demand The total projected water savings due to implementation of non-mandated quantifiable measures is approximately 27,723 gallons per day (gpd), which is approximately 4 percent of the total projected potable water demand summarized in Table 2. It is estimated that the Educational Program could reduce the projected total potable water demand by an additional 26,490 gallons per day (gpd) which is approximately 3.9 percent of the total projected water demand. 11.8.9 Implementation Measures The water conservation measures selected by both McMillin and Otay Ranch required to be implemented as part of the WCP for the Project include three indoor and one outdoor measure. PBSJ 12 Village Six SPA April 2002 Village 6 Water Conservation Plan The required indoor measures selected include: 1. Hot Water Pipe Insulation, 2. Pressure Reducing Valves, 3. Water Efficient Dishwashers. The required outdoor measure: 1. Educational Program. The estimated potable water savings due to implementation of the selected non-mandated conservation measures described in Section n.8.7, are summarized in Table 4. To additionally promote the WCP, the developer will encourage the merchant builder to offer other non-mandated conservation options to homebuyers. These options will be displayed in the model homes and may include Dual Flush Toilets, High-Efficiency Washing Machines, Hot- Water On-Demand Uuits and Evapotranspiration (ET) Controllers. Implementation of the WCP shall include the following effort by the Master Developer. In addition to establishing requirements and guidelines for merchant builders, the Master Developer will be responsible for the following: · Provide educational materials and guidance to new homeowners; · Install drought tolerant landscaping, approved by the City, in selected streetscapes and open areas; · Require the inclusion of drought tolerant plant materials and efficient irrigation systems in the majority of builder installed landscaping; and · Organize and conduct educational seminars on a semi-annual basis or as agreed upon by the City, the District and the Master Developer throughout the construction phase of the Project. The seminars will serve to educate the homeowners on proper use and maintenance of the water conservation measures as well as infonn them of any additional options available. A significant responsibility will also rest with the City of Chula Vista to ensure and enforce the provisions of this conservation plan, specifically the Planning & Building Department and the Building and Parks Construction Department. The department will review plan submittals and develop an internal program to ensure that water conservation measures are properly implemented in public areas, and approve planting and irrigation plans for public parks and open spaces. The program should also allow the City to monitor water usage. Additional actions will include a cooperative effort among the Master Developer, the City of Chula Vista, Otay Water District and the merchant builders to develop and conduct seminars and other outreach programs intended to educate and infonn the homeowners of methods to conserve water. The seminars should also include infonnation on the location and use of recycled water within Village Six. The Master Developer shall provide all educational materials for use in the Educational Program. PBSJ 13 Village Six SPA April 2002 Village 6 Water Conservation Plan 11.8.10 Monitoring It is anticipated that the merchant builders will be providing potential homebuyers the option to include additional non-mandated conservation options other than those selected by the Master Developer. The Merchant Builder will be encouraged to develop a program to track the options selected by the homebuyers and provide this infonnation to the City. The provision of recycled water is the responsibility of the District, which will also be responsible for enforcing water quality regulations. The detennination to use recycled water for irrigation for public parks and open spaces rests with the City. To ensure that all provisions of this plan are met, the standard review oflandscape and construction documents perfonned by the City will include an evaluation of compliance with the provisions of this WCP. This approach will allow for a fonnal detennination by the City that each of the required measures is implemented. Future discretionary or administrative actions with regard to development within the Village Six project may be utilized to address or ensure compliance with the prescribed water conservation measures. ,- PBSJ 14 Village Six SPA April 2002 Section 11.8 - Water Conservation Plan C-- Appendix A Otay Water District Ordinance PBS Village 6 Development April 2002 ~ SECTION 26 WATER RECLAMATION PLAN ~ND IMPLEMENTING PROCI~URRS 26.01 FINDINGS - The state policies regarding use of reclaimed water are in the best interest of the Otay Water District. The major- ity of jurisdictions in San Diego County have adopted meas- ures to promote water reclamation. This ordinance is nec- essary to protect the common water supply of the region which is vital to public health and safety, and to prevent endangerment of public and private property. San Diego County is highly dependent on limited imported water for domestic, agricultural and industrial uses. The reliability of the supply of imported water is uncertain. BY'~evelopin9 and 'utili: ing ..recla imed' water, the need - for - addi ti-ona'l imported water· CAn - be'·'X'educed. In l1g'ht- of 'these 'circum- stances,· certain. uses-of potable water may be considered~ unreasonable or to constitute a nuisance where reclaimed. water is available or production of reclaimed water is unduly impaired. Reclaimed water would be more readily available in seasons of drought when the supply of potable water for nonessential uses may be uncertain. 26.02 - A. - B. - - - USE OF RECLAIMED WATER District Policv: It is the policy of the Dis- trict that reclaimed water shall be used within- the jurisdiction wherever its use is financially- and techn;~~lly feasible, and consistent with leqal requirements. preservatiQn of puþlic health, safety and welfare, and the environment. Reauired Use for Greenbelt Purooses: No customer of the District shall make, cause, use or permit the use of potable water supplied by the District for qreenbelt uses, includinq, but not limited to, cemeteries, qolf cQurses, parks and hiqhway land- scaped areas, when, fallowing notice and a hear- inq, the District finds that reclaimed water 1s available under the following conditions: ~ . the reclaimed WAter is of adequate quality and is available for such qreenbelt use: 2. the reclaimed water may be furnished to such areas at a reasonable cost, comparable to or less than the cost of supplying potable domestic water; J . the State Department of Health Servioes has determined that such use would not be detri- mental to pUblic health: and 26-1 Section 11.8 - Water Conservation Plan - Appendix B City Review Comments -. PBSJ Village 6 Development April 2002 ~~~ ~ ~~--~ ~~-~ CIlY OF CHUlA VlSfA PLANNING AND BUILDING DEPARTMENT February 26, 2002 Ranie Hunter Otay Ranch Company 350 W. Ash Street, Suite 730 San Diego, CA 92101 Subject: Revised Draft Water Conservation Plan for Otay Ranch Village Six Dear Ms. Hunter: -- We have completed our review of the revised draft Water Conservation PIan (WCP) for Otay Ranch Village Six. Thank you once again for your participation in the water conservation pilot study and the conservation efforts you have included in your WCP. I have attached a file containing an edited copy of your revised WCP. 1n addition to those changes the City has the following comments and concerns: I. Page 9. Outdoor Measures. Educational Program. Our comments and concerns regarding 1nformation Booklets and documentation still apply. There are insufficient specific program commitments to document such savings through the Educational Program. See letter dated November 28, 2001. Reference is made to a Delorenzo & Associates memorandum as Appendix B and should be inserted into your document in the proper location at the back of the WCP. We have reviewed a Delorenzo & Associates memorandum and have not found documentation to justify a claim of 30% reduction in water consumption due to an information booklet. 2. Page I I. Water Conservation Tareet and Paee 12. Table 4. This section should identify the documented water conservation measures and savings separate from the Information Booklet. The City's consultant has recommended that a potable water savings of 15% be used in calculating the savings attributed to water-efficient landscapes resulting from the implementation of an education program and information booklet. A more accurate estimate of water consen'ation in the project would be achieved. ~-- -_. ._- ¡'.{¡ Revised HC? PUKC: 3. Page 14. Monitoring. The monitoring program needs to identify the responsibilities of the developer and the merchant builders as well as the City and OWD. Other developers involved in the WCP study have proposed a monitoring "pilot" study. Data are gathered £Tom OWD or homeowners who have agreed to install water efficient landscaping as recommended in the Information Booklet. The water bills are then compared with similar properties that have not participated in these additional voluntary measures. The proposal includes a financial incentive for participating homeowners. Your specific proposal needs to be included, 4. If it is determined that no recycled water will be used in the residential parkways, what do the Otay Ranch Company and McMillin Land Development Company propose in lieu of expanded recycled water? In light of the fact that the other two projects have agreed to additional water saving devices, we strongly encourage identification of one or more additional measures. If such measures are not proposed, you should be prepared to justify your program to the Planning Commission and City Council. Please incorporate the above-mentioned changes into your draft Water Conservation Plan. If you have questions or would like to discuss these comments further, please contact me at (619) 409-5928. Sincerely, "-17 fæv.-,r l~ ~ " Mary Venables GreenStar Program Coordinator Cc: Frank Zaidle, McMillin Land Development 10hn Lippin, City of Chula Vista Mark Stepbens, City of Chula Vista ,- CITY OF CHULA VISTA PAGE I, ITEM NO.: MEETING DATE: (/ I--J OS/28/02 CITY COUNCIL AGENDA STATEMENT ITEM TIlLE: PUBLIC HEARING: CONSIDERATION OF A SERIES OF AMENDMENTS TO THE CITY OF CHULA VISTA HOUSING ELEMENT OF THE GENERAL PLAN FOR THE 1999-2004 PLANNING PERIOD RESOLUTION RECOMMENDING THAT THE CITY COUNCIL ADOPT AMENDMENTS TO THE CITY OF CHULA VISTA HOUSING ELEMENT OF THE GENERAL PLAN FOR THE 1999-2004 PLANNING PERIOD / SUBMITTED BY: COMMUNITY D~ LOPMENT DIRECTOR 0,'::>' REVIEWED BY: CITY MANAGER~v'Y~ 4/5THS VOTE: YES D NO 0 BACKGROUND The California State Legislature has identified the attainment of a decent home and suitable living environment for every Californian as the State's major housing goal. Recognizing the important role of local planning and housing programs in the pursuit of this goal, the Legislature has mandated that all cities and counties prepare a Housing Element as part of the comprehensive General Plan. State Housing Element law requires that all cities and counties submit the Housing Element to the State Department of Housing and Community Development (HCD) for a determination of substantial compliance with State law. However, Government Code Section 65585.1 provides an opportunity for jurisdictions within the San Diego region to self-certify their Housing Element's consistency with State law. Jurisdictions seeking self-certification must prepare an updated Housing Element with the same content and analysis as is required of those who must seek certification through State HCD. The jurisdiction must also meet other performance criteria and Chula Vista has met all such criteria. The City adopted the Housing Element update for the 1999-2004 planning period in compliance with California Government Code Section 65585.1 on December 19, 2001 (reference Resolution 2000-480). The City is now interested in submitting its Housing Element for review by State HCD and obtaining their certification of compliance with State law since certain State funding programs require State certification of the Element. Staff submitted the City's Element for review and in response to the comments received, staff is now proposing amendments to the Element (see 3-1 PAGE 2, ITEM NO.: MEETING DATE: 05/28/02 A~tachment 1). The proposed deletions and additions to the Element are provided in strikeout/underline format. In large part, such amendments proposed are for greater specificity and clarity. The Environmental Review Coordinator has concluded that there would be no significant environmental effects resulting from the adoption of the amendments to the Housing Element update of the City's General Plan for the 1999-2004 planning period. RECOMMENDATION Staff recommends that the City Council approve a resolution adopting amendments to the City of Chub Vista Housing Element of the General Plan for the 1999-2004 planning period. BOARDS/COMMISSIONS RECOMMENDATION On May 8, 2002, both the Housing Advisory Commission and Planning Commission held public hearings to consider a series of amendments to the City of Chula Vista Housing Element of the General Plan for the 1999-2004 planning period. Both Commissions approved a recommendation to the City Council to adopt the proposed amendments to the Element. DISCUSSION Pursuant to State Law, Chula Vista has an adopted Housing Element of the General Plan for the 1999-2004 planning period. In accordance with California Government Code Section 65585.1, on December 19, 2000, the City of Chula Vista self certified the Element's compliance with the requirements of State law. Since such time, certain State funding programs have been available that require the jurisdiction's Housing Element to have been certified by the State as in compliance with State law. Such funding programs include, but are not limited to, the Jobs Housing Balance Incentive Grant Program, Infrastructure and Economic Development Bank, and California Housing Finance Agency (CHFA) HELP Program. At this time, there are no funds available for these programs. In order to take advantage of future funding opportunities, the City of Chula Vista is interested in submitting its Element to State HCD for their review and certification for compliance with State law. State HCD has already reviewed the City's Element and has provided comments. Staff has prepared amendments to the Element to address such comments. Proposed Amendments In response fo comments received from State HCD's review of the Element, staff is proposing a series of amendments to the adopted Element. Such amendments are proposed to provide greater specificity and clarity regarding the discussions of: 1) Land available to meet the regional housing needs (historical rate of density of development and reuse of land and availability of infrastructure); 2) PAGE 3, ITEM NO.: ~ MEETING DATE: 05/28/02 Development and processing standards for multifamily development; 3) Program for development of affordabb housing opportunities outside of the Balanced Communities policy; 4) Evaluation of Article X)0(IV; 5) Public participation process; and, 6) Internal consistency of all Elements ofthe General Plan. The following provides a summary of the comments received and proposed amendments to the Housing Element to address these concerns: 1. Land Inventory: The City has proposed revisions that better describe the adequacy of properly available to meet the City's regional share of new residential development, including history and trends on typical development densities and land reuse, the availability of public infrastructure, and non residential land resources and its potential for mixed use development. Refer to Section IV. Housing Opportunities Residential Land, Pages 66-74. 2. Development & Processing Standards: The City has proposed revisions that include tables and discussions of the various zones allowing residential development by right or through conditional approval and the applicable development standards. Additionally a table summarizing the discretionary review process for residential developments is included. Refer to Section II-Constraints to Housing Provision, Pages 33-36. 3. Housing Goals, Policies, and Program (Other Housing Production Programs & Article XXXIV): The City has proposed a new program to review the applicability and impact of Article XXXIV of the State Constitution on the development of Iow income housing and another for the City/Agency to leverage its resources to assist in the creation of new housing opportunities for lower income households. Refer to Section V. Goals and Policies, Programs 3.4.6-City/Agency Assisted Developments and 3.4.7 Article XXXIV, Page 94. 4. Public Participation: The City has proposed revisions that better describe the public participation process involved in the development of the Housing Element, including Housing Element Advisory Committee meetings, four public-noticed community workshops, a 30-day review and comment period, and meetings with master plan residential developers in Chula Vista and affordable housing developers. Refer to Introduction, Public Participation, Pages 7-8. 5. General Plan Consistency: The City has proposed revisions that better describe the relationship of those Elements of the General Plan that affect the goals, policies, and programs outlined within the Housing Element and how consistency between such documents is achieved and maintained. Refer to Introduction, Relationship to Other General Plan E~ements, Pages 6-7. In accordance with California Government Code § 65583, any revisions recommended by State HCD must either be accepted by the City for inclusion within the Element or the Planning Commission and City Council must adopt findings as to why the City is able to meet the requirements of State law without the requested revisions. Staff has addressed all such requested PAGE 4, IIEM NO.: MEEIING DAlE: r3 OS/28/02 revisions by State HCD and the proposed amendments have been incorporated into the 1999- 2004 Housing Element of the City's General Plan. With the inclusion of the revisions, State HCD finds that "Chula Vista's draft Housing Element meets all the statutory requirements of State Housing Element law (Article 1 0.6 of the Government Code). Pursuant to Government Code 65585(g), the revised Element will be in full compliance with State Housing Element law when adopted and submi1ted for final HCD review." At this point in time, staff is requesting that City Council adopt the proposed amendments to the Element. Citizen Participation Process A notice was published in the Star News to inform the public of the time and location of the public hearing by the City Council to consider the proposed amendments to the 1999-2004 Housing Element of the City's General Plan. Individual notices were also mailed to interested persons. Summary The City of Chula Vista has prepared amendments to its Housing Element of the General Plan for the 1999-2004 planning period. Such amendments are proposed to provide greater specificity and clarity regarding the discussions of: 1) Land available to meet the regional housing needs (historical rate of density of development and reuse of land and availability of infrastructure); 2) Development and processing standards for multifamily development; 3) Program for development of affordable housing opportunities outside of the Balanced Communities policy; 4) Evaluation of Article XXXIV; 5) Public participation process; and, 6) Internal consistency of all Elements of the General Plan. It is staff's recommendation that the City Council adopt a resolution adopting amendments to the City of Chula Vista Housing Element of the General Plan for the 1999-2004 Planning Period. FISCAL IMPACT Staff time involved in the preparation of the Housing Element is budgeted in the staff services component of the Housing Division and Planning and Building Department budget. Implementation of the eighteen policies and programs outlined within the Element may require additional staff resources within the Community Development Department and Planning and Building Department. As each of the policies and programs are developed and implemented, staff will complete a more thorough analysis of staffing and resource needs and the fiscal impact. AnACHMENTS 1. Proposed Amendments to 1999-2004 Housing Element LHINES (J:\COMMDEV\STAFF.REP\05·28.02\A" 3 Rev;sed Hsg Element.doc) -I-( RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING AMENDMENTS TO THE CITY OF CHULA VISTA HOUSING ELEMENT OF THE GENERAL PLAN FOR THE 1999-2004 PLANNING PERIOD WHEREAS, the State of California requires that all cities and counties prepare a housing element of their General Plan every five years (or as prescribed by State law) and submit it to the State Department of Housing and Community Development for determination of substantial compliance with the requirements of State Housing Element law; and WHEREAS, the San Diego Association of Governments (SANDAG) sponsored State Legislation (AB 1715) that was enacted as Government Code Section 65585.1 in 1995, which creates the opportunity for local governments within the San Diego Region to self-certify their Housing Element of their General Plan through a pilot program; and, WHEREAS on December 19, 2000, the City of Chula Vista self-certified its 1999- 2004 Housing Element of the General Plan under the provisions of Government Code Section 65585.1; and WHEREAS, amendments to the Housing Element are proposed to provide greater specificity and clarity regarding the discussions of: 1) Land available to meet the regional housing needs (historical rate of density of development and reuse of land and availability of infrastructure); 2) Development and processing standards for multifamily development; 3) Program for development of affordable housing opportunities outside of the Balanced Communities policy; 4) Evaluation of Article XXXIV; 5) Public participation process; and, 6) Internal consistency of all Elements of the General Plan to ensure compliance with the provisions of Article 10.6 of Division 1, Title 7 of the Government Code; and WHEREAS, the Environmental Review Coordinator has reviewed the proposed amendments for compliance with the California Environmental Quality Act and has determined that the proposed project was adequately covered in previously adopted Negative Declaration IS-00-08; and WHEREAS, the Planning Commission and the Housing Advisory Commission, upon hearing and considering all testimony, if any, of all persons desiring to be heard have recommended to the City Council that the amendments be adopted because the Commissions believe that the Housing Element, with the proposed amendments, is in compliance with the provisions of Article 10.6 of Division 1, Title 7 of the Government Code; and WHEREAS, the City Clerk set the time and place for a hearing on said Housing Element and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City at least 10 days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely May 28, 2002 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue before the City Council and said hearing was thereafter closed; and 13~S WHEREAS, at a public hearing held on May 28, 2002, the City Council considered all reports, evidence, and testimony presented finds based on substantial evidence that the attached document substantially complies with the provisions of Article 10.6 of Division 1, Title 7 of the Government Code; and NOW, THEEFORE, BE IT RESOLVED, the City Council adopts the amendments as incorporated in the attached document, entitled "City of Chula Vista Housing Element 1999- 2004" as an element of the General Plan to act as a guide to the City in addressing the housing needs of all economic segments of the City. BE IT FURTHER RESOLVED that from the facts presented to the City Council, the City will submit the Housing Element to the State Department of Housing and Community Development to review for compliance with Article 10.6 of Division 1, Title 7 of the Government Code. Presented by Approved as to form by ~t.. ~o~ Chris Salomone Director of Community Development J :\COMMDEV\RESOS\Reso CC Rev Hsg Element.doc \ 3" (¿, CI1Y OF CHULA VISTA HOUSING ELEMENT OF THE GENERAL PLAN 1999-2004 Revised: .4pri12002 (Strikeout/Underline) CITY OF CHULA VISTA GENERAL PLAN HOUSING ELEMENT 1999-2004 ID. Adopted on December 19, 2000 City Council Resolution No. 2000-480 HOUSING ELEMENT STAFF Robert A. Chris TABLE OF CONTENTS TABLE OF CONTENTS .............................................................................................................. I LIST OF FIGURES AND TABLES ......................................................................................... HI EXECUTIVE SUMMARY ........................................................................................................... BACKGROUND ]_NFORMATION ....................................................................................................... 1 NEEDS ASSESSMENT .................................................................................................................... GOALS AND POLICIES ................................................................................................................... 2 INTRODUCTION ......................................................................................................................... 5 CiTY PROFILE ............................................................................................................................... 5 HOUSING ELEMENT ...................................................................................................................... 5 STATE POLICY AND AUTHORIZATION ........................................................................................... 5 ORGANIZATION OF THE HOUSING ELEMENT ................................................................................. 5 RELATIONSHm TO OTHER GENERAL PLAN ELEMENTS ................................................................. 6 PUBLIC PART~CmATION ................................................................................................................ 7 SOURCES OF IN~OP. MATION .......................................................................................................... 8 I. NEEDS ASSESSMENT ......................................................................................................... 11 POPULATION CHARACTERISTICS ................................................................................................ 11 HOUSEHOLD CHARACTERISTICS ................................................................................................. 14 SPECIAL NEEDS GROUPS ............................................................................................................ 16 LAND USE CHARACTERiSTiCS .................................................................................................... 23 EMPLOYMENT CHARACTERISTiCS .............................................................................................. 23 HOUSING STOCK CHARACTERISTiCS .......................................................................................... 26 AT-RISK UNITS .......................................................................................................................... 30 II. CONSTRAINTS TO HOUSING PROVISION ................................................................. 33 GOVERNMENTAL CONSTRA~TS ................................................................................................. 33 NON-GOVERNMENTAL CONSTRAIbrrS ........................................................................................ 45 III. EVALUATION .................................................................................................................... 47 EVALUATION OF PREVIOUS HOUSING ELEMENT ........................................................................ 47 OBJECT, YE 1 ............................................................................................................................... 48 OBJECTWE 2 ............................................................................................................................... 49 OBJECTr~E 3 ............................................................................................................................... 51 OBJECTr~E 4 ............................................................................................................................... 52 OBJECTIVE 5 ............................................................................................................................... 53 OBJECTWE 6 ............................................................................................................................... 54 OBJECTWE 7 ............................................................................................................................... 55 OBJECTIVE 8 ............................................................................. . ................................................. 56 OBJECTIVE 9 ............................................................................................................................... 56 OBJECTXV£ 10 ............................................................................................................................. 57 OBJECTIVE 11 ............................................................................................................................. 58 crrY ov CHUrA VISTA PAGE I OF IV HOUSING ELEMENT 1999-2004 OBJECTIVE 12 ............................................................................................................................. 59 EVALUATION OF PROGRESS TOWARDS MEETING COASTAL ZONE REQUIREMENT ..................... 60 EVALUATION OF PROGRESS TOWARDS SELF-CERTIFICATION REQLrlREMENTS .......................... 63 IV. HOUSING OPPORTUNITIES .......................................................................................... 65 Av~mA~mrry OF Surr~u~t~ Srms ............................................................................................ 65 REDEVELOPMENT HOUSING OBLIGATIONS ................................................................................. 75 V. GOALS AND POLICIES ..................................................................................................... 81 HOUSING GOALS, OBJECTIVES, POLICIES, AND PROGRAMS ...................................................... 83 PAGE II OF IV / ~ /~ CITY OF CHULA VISTA " HOUSING ELEMENT 1999-2004 LIST OF FIGURES AND TABLES FIGURE 1: CITY OF CHULA VISTA BOUNDARY .................... 9 FIGURE 2: COASTAL ZONE .................................................................................................... 61 FIGURE 3: HOUSING UNITS PER JOB ................................................................................... 67 FIGURE 4: CITY OF CHULA VISTA ANNUAL CHANGE IN NUMBER OF HOUSING wits ...................................................................................................... 68 FIGL., 5: HORSING PERMITS IN CITY OF CUULA VISTA COMP i '" $ D~EGO COUNTY 1980 THROUGH 2000 .......................................................................... 69 FIGURE 6: MASTER PLANNED COMMUNITIES ................................................................. 71 FIGURE 7: REDEVELOPMENT PROJECT AREAS ................................................................ 78 TABLE 1:1999-2004 QUANTIFIED OBJECTIVES ................................................................... 3 TABLE 2: STATE HOUSING ELEMENT REQUIREMENTS CALIFORNIA, 1999 .............. 10 TABLE 3: POPULATION GROWTH CHULA VISTA AND SAN DIEGO REGION 1990- 1998 .....: ....................................................................... 1 TABLE 4: PROJECTED POPULATION GROWTH .................................. 112 TABLE 5: POPULATION BY AGE GROUP ............................................................................ 13 TABLE 6 :CHANGE IN POPULATION BY RACE 1990 - 1997 ............................................. 13 TABLE 7: HOUSEHOLD INCOME DISTRIBUTION ............................................................... 15 TABLE 8: MOBILITY AND SELF-CARE LIMITATION BY AGE ........................................ 18 TABLE 9: SHELTERS FOR THE HOMELESS SERVING SAN DIEGO - SOUTH BAY ..... 20 TABLE 10: CHULA VISTA MAJOR EMPLOYERS ................................................................ 24 TABLE lh PROJECTED EMPLOYMENT BY SECTOR CHULA VISTA 1995 - 2020 ........ 25 TABLE 12: PROJECTED HOUSING UNITS ............................................................................ 26 TABLE 13: TYPE OF HOUSING UNITS, 1998 ........................................................................ 26 TABLE 14: PROJECTED HOUSING UNIT TYPE CHULA VISTA, 1998-2o2o .................... 27 TABLE 15: AGE OF HOUSING STOCK .................................................................................. 27 TABLE 16: VACANCY RATES CHULA VISTA 1996 TO 1999 ............................................ 29 TABLE 17: HOUSING COSTS - 1998 ....................................................................................... 30 TABLE 18: AVERAGE PRODUCTION COSTS OF HOUSING ............................................. 31 TABLE 19: ESTIMATED COST OF RENT SUBSIDIES CHULA VISTA, 1999 .................... 31 TABLE 20: ZONES Al.l .OWING RESIDENTIAL DEVELOPMENT BY RIGHT ................. 35 TABLE 21: ZONES CONDITIONA!.I .y ALLOWING RESIDENTIAL USES ....................... 35 TABLE 22: RESIDENTIAL DEVELOPMENT IMPACT FEES* AS LEVIED BY JURISDICTION, PER PROTOTYPE SAN DIEGO REGION, 1999 .................................. 39 TABLE 23: DISCRETIONARY REVIEWS FOR TYPCIAL RESIDENTIAL DEVELOPMENTS ............................................................................................................... 41 TABLE 24: COMPONENT COSTS IN MULTI-FAMILy HOUSING ..................................... 46 TABLE 25: CHULA VISTA 1991-1999 FAIR SHARE AFFORDABLE HOUSING GOALS AND PERFORMANCE ...................................................... 47 TABLE 26: REGIONAL SHARE COMPARED TO ACTUAL UNIT CONSTRUCTION 1991- 1999 ............................................................................. . ....... 48 TABLE 27: AFFORDABLE HOUSING POLICY ......................................... i 49 TABLE 28: NEW RENTAL HOUSING OPPORTUNITIES .....................................................50 CITY OF CHULA VISTA PAGE III OF IV TABLE 29: HOUSING REHABILITATION 54 TABLE 30: REGIONAL SHARE - 1999 - 2004 CHULA VISTA .............................................65 TABLE 3 i: HOUSING UN1TS PER JOB .............................................................. 66 TABLE 32: RESIDENTIAL CONSTRUCTION CAPACITY EASTERN C~'~)~'k'~X ..... MASTER PLANNED PROJECTS ...................................................................... 70 TABLE 33: RESIDENTIAL CONSTRUCTION CAPACITY WESTERN CHLrLA'~i~'~ .... VAC ,rr A ,rD U ERUTn T O LAW ......................................... 72 TABLE 34: REGIONAL SHARE AND UNIT POTENTIAL IN CHULA VISTA i iiiiiiiiii ....... 73 TABLE 35: LOW/MODERATE-HOUSING FUNDS AVAILABLE SEPTEMBER 1999111111176 TABLE 36: ANNUAL HOUSING UNIT PRODUCTION REDEVELOPMENT SET-ASIDE FUNDS ............. 77 TABTuf~L~yUSING OBJECTIVES BY GOALS, POLICIES, AND mR;~i~'~ .............. PAGE IV OF IV j 3_[~ CITY OF CHULA VISTA HOUSING ELEMENT 1999-200~ EXECUTIVE SUMMARY The Housing Element for the City of Chula Vista is an element of the City's General Plan. It covers the period beginning July 1, 1999 to June 30, 2004. Background Information Chula Vista is the second largest municipality in San Diego County with a population of 166,945 residents. The City covers approximately 50 square miles along the San Diego Bay and surrounded by National City, the City of San Diego, and the unincorporated area. Two major north-south freeways, I-5 and 1-805 traverse Chula Vista. The area west of the 1-805, "western Chula Vista" is built-up and characterized by well-established neighborhoods with primarily infill and redevelopment residential construction activ!ty. The developing "eastern area" is comprised of large vacant tracts constituent to several master planned communities in various stages of approval and implementation. Needs Assessment According to SANDAG's Preliminary 2020 Cities/County Forecast, Chula Vista is expected to gain 46,000 new residents and 13,801 new households. The characteristics of the City's population, housing, and employment that affect its housing goals, policies, and programs include: Population/Household Characteristics · Chula Vista residents have household income and age characteristics that nearly match the regional median. · The population has more diversity in race/ethnicity than the region, in that 44 percent of the population is white (non-Hispanic) and 42 percent is Hispanic (all races), this compares to 61 percent and 23 percent respectively. · Household size is slightly larger than the region, at 3.0 persons per household for Chula Vista, compared to 2.83 persons per household for the region. Land Use Characteristics · A large supply of vacant developable land is planned for communities with a wide variety of densities and land use types. · The well-established neighborhoods and master planned neighborhoods create different opportunities and require a different set of policies and programs to ad&ess housing needs. CITY OF CHULA VISTA PAGE1 OF 118 HOUSING ELEMENT 1999-2004 1.~)' ~ ]~"~d Employment Characteristics · The City's diverse employment base will grow by more than 47 percent between 1995 and 2005, with the majority of growth in the retail, service, and government sectors. Housing Stock Characteristics · A high rate of new home construction is anticipated due to the many approved master planned communities in the City. · Reinvestment in the well-established neighborhoods of Western Chula Vista continues to be needed. · Approximately 13,000 units will be 50 years or older by 2004. · A home ownership rate of 53 percent is nearly the same as the region's rate of 54 percent. · The very low rental vacancy rate of 1.1 percent indicates likely increased housing costs and greater likelihood of over-crowding. · The median housing cost (resale) of $177,000 is $18,500 less than the region's median cost of $195,500. · Average rents are 10 percent to 30 percent lower than the region wide average rents. Assisted Housing Units at Risk of Converting to Market Rate Units · Two projects have at-risk units that were created through the density bonus program. These 41 units could be converted to market rate units in 2000 and 2008. Goals and Policies The primary goal of the City is to ensure that decent, safe housing is available at an affordable cost. The priority is the provision of housing for families, particularly large families, of all income levels. Goal 1. Conserve Existing Affordable Housing Opportunities Goal 2. Maintain and Enhance the Quality of Residential Neighborhoods in Chula Vista Goal 3. Ensure That an Adequate and Diverse Housing Supply Is Available to Meet the City's Existing and Future Needs. Goal4. Increase Home Ownership Opportunities for Low- and Moderate-income Households PAGE2 OF 118 CITY OF CHULA VISTA ]~/5 HOUSING ELEMENT 1999-2004 Goal 5. Enable Homeless Individuals and Families to Find Permanent Housing Goal 6. Encourage Energy and Waste Conservation as an Integral Part of Homes Goal 7. Promote Equal Opportunity for All Residents to Reside in Housing of Their Choice Goal 8. Reduction And/or Removal to the Greatest Extent Possible of Identified Constraints to the Development, Maintenance, and Improvement of Housing Each of these goals has a set of policies and programs, which include objectives for the 1999- 2004 Housing Element cycle, as summarized in the table below and as more specifically set forth in Section V. TABLE 1:1999-2004 QUANTIFIED OBJECTIVES Description I Itouseholds Assisted Preserve At-Risk 41 SF/MH Rehabilitation 250 Caring Neighbors 500 Rental Rehabilitation 120 Christmas in October 25 Affordable Housin~ Program - Low Income 460 Affordable Housing Program - Moderate Income 470 State Density Bonus i0 Mixed Use Developments 100 Shared Housing 350 First Time Home Buyer - Afl Hsg Program 130 Mortgage Credit Certificate 25 Transitional Housing 10 , Fair Housing Assistance 150 Total 2,641 The City has two sets of numerical housing goals established by SANDAG, which are also addressed in the Housing Element; the City's share of the region's future housing needs (regional share goals) and the affordable housing goal for self-certification. The total regional share goal is 10,401 new housing units and the estimated total affordable housing opportunities for self- certification in 2004 is 1,029. Both of these totals are divided into income categories which are explained in this Housing Element. CITY OF CHULA VISTA PAGE 3 OF 118 HOUSING ELEMENT 1999-2004I~ -- / ¢ The City of Chula Vista is eligible to self-certify this Housing Element update in 1999 because it created 1,796 affordable housing opportunities between 1991-1999. This means that when the City Council adopts the final Housing Element, including a resolution that makes the "self- certification findings," the Housing Element update process is completed. The Housing Element is not sent to the State Housing and Community Development Department for certification (approval). PAGE 4 OF 118 / ~,./-/ c~ OE CmA V~STA -ous~NG ELEME~ 2999-2004 INTRODUCTION The Housing Element is an important planning tool for the City of Chula Vista. It identifies the housing needs of the City and recommends ways to meet these needs while balancing other community objectives and resources. City Profile Chula Vista is the second largest municipality in San Diego County with a population of 166,945 residents. The City covers approximately 50 square miles along the San Diego Bay and surrounded by National City, the City of San Diego, and the unincorporated area. Two major north-south freeways, I-5 and 1-805 traverse Chula Vista. The area west of the 1-805, "western Chula Vista" is built-up and characterized by well-established neighborhoods with primarily infill and redevelopment residential construction activity. The developing "eastern area" is comprised of large vacant tracts constituent to several master planned communities in various stages of approval and implementation. Housing Element The Housing Element is an important planning tool for the City of Chula Vista. It identifies the housing needs of the City and recommends ways to meet these needs while balancing other community objectives and resources. As the needs and programs are discussed in this Housing Element, a distinction may be made between Western and Eastern Chula Vista. Figure 1 shows the areas covered by that reference. State Policy and Authorization The California State Legislature has identified the attainment of a decent home and suitable living environment for every Californian as the State's main housing goal. Recognizing the important part that local planning programs play in pursuit of this goal, the Legislature has mandated that all cities and counties prepare a housing element as part of their comprehensive general plans. State law requires housing elements to be updated at least every five years to reflect a community's changing housing needs. Chula Vista's Housing Element was last updated in 1991. No update of the Element was required until 1999 due to legislative extensions. This document is the 1999-2004 update required for jurisdictions within the San Diego region. Organization of the Housing Element Section 65302(c) of the Government Code sets forth the specific components to be contained in a community's housing element. Table 1 summarizes these State requirements and identifies the sections in the Chula Vista Housing Element where these requirements are addressed. CITY OF CHULA VISTA PAGE 5 OF 118 HOUSING ELEMENT 1999-2004 /:'~4 ~ Relationship to Other General Plan Elements California law requires that General Plans contain an integrated and internally consistent set of goals and policies. The City of Chula Vista's General Plan consists of ten elements: 1) Land Use; 2) Cimulation; 3) Open Space and Conservation; 4) Noise; 5) Safety; 6) Public Facilities; 7) Housing; 8) Growth Management; 9) Parks and Recreation; and I0) Childcare, and contains goals and policies for urban development, community design, housing, natural hazards, economic development, and public services and facilities. The Housine Element is most affected by development policies of the Land Use Element, which establishes the location, type, intensity, and distribution of land uses throuqhout the City. The Housing Element uses the residential goals and objectives of the City's adopted Land Use Element as a policy framework for developing more specific eoals and policies in the Housing, Element. The main themes expressed in the goals and objectives of the Land Use Element for residential development include the following: 1. Choice - The City should ensure a diversity of housing types and price levels. 2. Planned, Quality Development - The city should ensure that new developments are of high quality desi~ and planning, with coordinated mix of urban uses. open spaces. and amenities. 3. Medium and High Density Compatib ty w th Sun'oundin~s and Services - The City should provide multi-family housine in appropriate areas convenient to public services, facilities, and circulation, and limit higher densities where found to be incompatible with the conservation of single family neighborhoods. 4. Preservation - The City should preserve and reinforce existin~ neighborhoods. The Housing Element is also affected by the policies set forth in the Noise Element and Safety Element. These Elements contain policies which may limit residential development in certain areas for reasons of noise impacts, geology, and public safety. The Circulation Element also relates to the Housing Element in that major areas for housine must be served with adequate access routes and transportation systems. The Growth Management Element can also have an affect on the development of housing, although it does not impose any numerical cap or limit on new housing construction. The primary purpose and intent of this Element is to maintain the community's quality-of-life as new housin~ and other development occur by providing necessary public services and facilities concurrent with development. The City's growth management pro,am is intended to be supportive of the provision of affordable housing by guaranteeing that infrastructure and public services are provided to new residential developments when and where needed, and are paid for by new development. Should that infrastructure not be provided, the City has the right to slow or ~top development, which could have a temporary effect on the timing of providing additional affordable housin~ units. PAGE 6 OF 118 CITY OF CHULA VISTA /3 ' / !I''~ HOUSING ELEMENT 1999~2004 The content of this Housing Element is consistent with the goals and policies of all elements of the City's General Plan. As the City moves forward with an update of its General Plan in FY 2001-02 and 2002-03. the City will incorporate the general ~oals and policies established in the -' Housing Element into the framework of those affected Elements of the General Plan. Public Participation The ~eneral public was solicited for comments on the updated Housing Element in a variety of ways. The City's efforts to involve the public in the development and review of the Element included meetings through the Housing Element Advisory Committee (HEAC) of SANDAG. local public workshops, and public hearines before the Housing Advisopt Commission. Planning Commission and City Council. The HEAC meetines held at SANDAG offices were primarily focused on establishing Housing Element self-certification criteria and which housin~ programs and products would be used towards meetinv self-certification goals. The Committee was comprised of representatives from local jurisdictions, local advocacy groups, and housine providers. The diversity of the Committee assisted in developing a self-certification proeram that addressed the needs of the various public interest ~roups and providers. Therefore. the self-certification program and criteria adopted by SANDAG is a direct product of a far reaching public participation process. Early in the Housing Element update process. July 1999, one Housing Element information session was held with the Ctty Council. At that time, they discussed the draft Regional Housing Needs and provided comments on the proposed preliminary goals and policy revisions for the 1999-2004 Housing Element update. Also, as part of housing program funding discussions, the Housing Advisory Commission discussed and gave input on housing programs and needs. The draft Housing Element was subject to four public-noticed workshops to obtain the view of citizens, developers, service providers, and other interested persons on the City's housing needs, policies, and pro.ams to be im emented to address these needs. ....................... = ............. v ...... The public workshops were held on October 20th, October 27m. November Ist. and November 3, 1999 and were noticed both in the local newspaper and through direct mailings to potentially interested parties. The Planning Commission and Housing Advisory Commission hosted one workshop each, and there were two additional workshops scheduled for public convenience. The mailing list included housing advocates, special needs providers, local builders, local school districts. mobilehome communities, and affordable housing developments. Many of these ~oups received a copy of the draft Housing Element. After completing the series of public workshops, the draft Housing Element was made available for review and comment for a 30 day period. The document was available at various locations. including the Main Chula Vista Library. South Chula Vista Library, Eastlake High School Library, City Clerk's Office, the Planning and Building Department, and the Community Develoument Department. A copy of the notice was published in the local newspaper and through direct mailings to potentially interested parties. Ci'fY OF CHULA VISTA PAGE 7 OF 118 HOUSING ELEMENT 1999-2004 /~ ~;~ 0 Additionally, as a result of comments received from residential developers during the public review and comment period, City staff held a series of meetings from December 1999 to July 2000 with residential developers of the City's master planned communities and affordable -' housing developers. Discussions centered on constraints to residential development, the quantified objectives for the five year period, greater specificity and accountability of the proposed goals. All comments received regarding the draft Housing Element were considered and where appropriate~ the draft Element was revised. The City's desire to address these comments and to work cooperatively with developers~ advocacy groups and other interested persons served to further delay the schedule of adoption of the Housing Element. In November 2000, a public-noticed heating was held before the Housing Advisory Commission and Planning Commission to consider the adoption of the Housing Element and compliance with Government Code Section 655886.1 for the 1999-2004 Housing Element cycle. On December 19, 2000, the City Council held a public noticed hearing to consider the recommendation of both the Housing Advisory Commission and Planning Commission to adopt the Element Sources of Information The Regional Housing Needs Statement produced by the San Diego Association of Governments (SANDAG) in 1999 provided the majority of the background material for the preparation of the Housing Element. This dodument includes data from the 1990 Census and SANDAG's 1998 Population and Housing Estimates, among other sources. PAGE 8 OF 118 CITY OF CHULA VISTA / ~ - ~;¢ t HOUSING ELEMENT 1999-2004 FIGURE 1: CITY OF CHULA VISTA BOUNDARY Ci'I'Y OF CHULA VISTA PAGE 9 OF 118 HOUSING ELEMENT 1999-2004 [ TABLE 2~-: STATE HOUSING ELEMENT REQUIREMENTS CALIFORNIA, 1999 Required Housing Element Component I Page 1. Housing Needs Assessment a. Analysis of population trends 11 b. Analysis of employment trends 23 c. Projection and quantification of Chula Vista's existing and projected housing needs for all income groups 65 d. Analysis and documentation of Chula Vista's housing characteristics 26 e. An inventory of land suitable for residential development including vacant sites and those having redevelopment potential and an analysis of the 70 relationship of zoning, public facilities, and services to these sites f. Analysis of existing and potential govemmental constraints upon the maintenance, improvement, or development of housing for all income levels 33 g. Analysis of existing and potential non-governmental constraints upon the maintenance, improvement, or development of housing for all income levels 45 h. Analysis of special housing needs including those of handicapped, elderly, large families, single-parent households, and farm workers 16 i. Analysis of the nee. ds of homeless individuals and families in Chula Vista 19 j. Analysis of opportunities for energy conservation with respect to residential development 74 2. Goals and Policies a. Identification of Chula Vista's goals and policies relative to the maintenance, improvement, and development of housing 81 3. Implementation Program a. Ide.ntify adequate sites which will be made available through appropriate action with required public services and facilities for a variety of housing 70 types for all income levels b. Programs to assist in the development of adequate housing to meet the needs of low- and moderate-income households and other special needs 83 groups ¢. Identify, and, when appropriate and possible, remove governmental constraints to the maintenance, improvement, and development of housing 33 in Chula Vista d. Conserve and improve the condition of the existing and affordable housing stock in Chula Vista 83 PAGE 10 OF 118 CITY OF CHULA VISTA / ~'~ r? "~ HOUSING ELEMENT 1999-2004 I. NEEDS ASSESSMENT This section of the Housing Element discusses housing needs in Chula Vista. The major components of this need are the City's population, household, special needs groups, land use, employment, and housing stock characteristics. This needs assessment serves as the basis for identifying the appropriate goals, policies and programs for the City to implement during the 1999-2004 housing element cycle. ?otmlation Characteristier Population Growth Since 1990 In 1990, the population of the San Diego region was 2,498,016. It is estimated that by 1998 the region's population had grown to 2,795,780, an increase of I 1.9 percent. During this Chula ~sta s population increased by approximately 19.9 percent, same time Growth Chuta Vista and San Diego Region 1990-1998. Refer to Table 1, Population TABLE 3: POPULATION GROWTH CHULA VISTA AND SAN DIEGO REGION 1990- 1998 Year (Jan I) Chula Vista San Diego Region 1990 135,163 ~ ~ ~ 2,498,016 5.4% 1991 138,262 ~ 2,539,583 1992 ~ ~ 5.4% ~ 141,015 2,583,470 1993 ~ ~ 5.5% ~ 144,466 2,614,222 1994 ~ 5.5% 146,525 ~ 2,638,511 5.6% 1995 149,791 ~ 2,690,255 1996 ~ 5.6% ~ 153,164 2,690,255 1997 ~ 5.7% ~ 156,401 2,729,054 1998 ~ ~ 5.7% 162,106 ~ 2,795,780 ~-~ 5 9% tal Increase 9~ ~"-~ ~ ] 297,764 %o Increase ~_ ~. . . 11.9% ------------ Source: State D'~ mrtment of Finance Revised Annual January 1, 1997 estimates. CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 / 2~---~.q. PAGE 11 OF 118 Projected Population As indicated in Table 4, Chula Vista's population is expected to increase by 82.28 percent between 1995 and 2020, an increase of approximately 124,362 people. Compared with the 44 percent growth for the region. For the period approximating the housing element period (1998 to 2005), Chula Vista's population will increase by 28 percent, an increase of 46,000. This compares to a regional increase of 15 percent. TABLE 4: PROJECTED POPULATION GROWTH Year I Chula Vista I San Diego Region 1995 151,093 2,669,200 1998 162,106 2,795,780 2005 208,107 3,223,474 2010 233,313 3,437,697 2020 275,455 3,853,297 Total Increase 124,362 1,184,097 % Increase 82.3% 44.4% Source: SANDAG Preliminary 2020 Cities/County Forecast, February 1999, State DOF March 1998 Age Characteristics Housing demand within the market is often determined by the preferences of certain age groups. Traditionally, both the young adult population (20-34 years of age) and the elderly population tend to favor apartments, low- to moderate-cost condominiums, and smaller single-family units. Persons between 35 and 65 years often provide the major market for moderate- to high-cost apartments and condominiums and larger single-family units because they tend to have higher incomes and larger sized households. Chula Vista's largest population group consists of persons between the ages of 20 and 34 (22 percent of the population), compared to approximately 24 percent for the region.. The median age in Chula Vista is 32.7 years; County median is 28.8. Refer to Table 5, Population by Age Group. PAGE 12 OF 118 CITY OF CHULA VISTA / ~¢ ~'c~5" HOUSING ELEMENT 1999-2004 TABLE 5: POPULATION BY AGE GROUP Age Chula Vista Region Population ] Percent Population ] Percent Under 5 14,789 9% 234,317 8.4% 5-19 34,085 22% 588,971 21% 20-34 34,843 22% 658,568 23.6% 35-44 24,228 16% 460,224 16.5% 45-54 17,591 11% 328,180 12% 55-64 12,097 8% 204,891 7% 65 and older 18,515 12% 319,634 11.5% Total 156,148 100% 2,794,785 100% Source: SANDAG Demographic Characteristics Estimates, March 1998 Race/Ethnicity Characteristics Ethnicity tends to correlate with other characteristics such as family size. Table 6 shows that in Chula Vista, the population is diverse, with no single race/ethnic group predominating. TABLE 6 :CHANGE IN POPULATION BY RACE 1990 - 1997 Population I 1990 [ 1997 [ Percent Change White (non-Hispanic) 49.8% 44.0% -5.8% Black (non-Hispanic) 4.2% 4.6% 0.4% Hispanic (all races) 37.3% 42.0% 4.7% Asian/Other (non-Hispanic) 8.5% 9.5% 1.0% Total Population 135,163 162,047 20% o, cmn vIs'rn HOUSING ELEMENT 1999-2004 Household Characteristics In 1998, an estimated 951,818 households (also known as occupied housing units) were in the region, an increase of seven percent since 1990. In Chula Vista, there were an estimated 53,968 households, 5.7 percent of the region's total. Projected Households Between 1998 and 2005, the number of households in the San Diego region is forecasted to grow by 136,884 households, a gain of approximately 14 pement. By 2005, the number of households in Chula Vista is expected to be 67,769 households, an increase of 13,801 new households or 25.6 pement. The City will account for approximately ten percent of the region's increase in the number of households between 1998 and 2005. Household Size Household size is a significant factor in housing demand. Often household size can be used to predict the unit size that a household will select. For example, small households (one to two persons per household) traditionally can find suitable housing in units with zero to two bedrooms while larger households (three or more persons per household) can usually find suitable housing in units with three to four bedrooms. However, people's choices also reflect preference and economics. Thus, many small households prefer and obtain large units. Household size is also related to choice of locations. For example, the small household (single person/elderly) is usually not as concerned with the quality of the school system in an area. In 1998, the average number of persons per household in the San Diego region was 2.83 persons per household. Chula Vista has an average of 3.0 persons per household, representing a slight increase from the 2.8 household size in 1990. The preponderance of new single-family homes built in Chula Vista in recent years has contributed to the increase in the average number of persons per household. Single-family homes are typically larger, have more bedrooms, and therefore are able to house a larger number of people than a smaller unit. Household Income Income levels influence the range of housing prices within a community and the ability of the population to afford housing. As household income increases, the number of homeowners increases. As household income decreases, the number of households paying a disproportionate amount of their income for housing and the number of persons occupying unsound and overcrowded housing increased. The 1998 median household income of $42,516 in Chula Vista is very close to the region's median of $42,350. Table 7 shows the distribution of the household income. The income distribution in Chula Vista is very similar to that of the region as a whole. PAGE 14 OF 118 CITY OF CHULA VISTA /.~;~ ~ ~ / HOUSING ELEMENT 1999-2004 TABLE 7: HOUSEHOLD INCOME DISTRIBUTION Income Chula Vista San Diego Region No. Percent Percent Less than $10,000 3,869 7.2% 7.2% $10,000 to $14,999 3,334 6.2% 5.8% $15,000 to $24,999 7,285 13.5% 13.6% $25,000 to $34,999 7,770 14.4% 14.3% $35,000 to $49,999 9,433 17.5% 18.8% $50,000 to $74,999 11,876 22.0% 20.6% $75 000 to $99 999 5,433 10.0% 9.6% $100,000 or more 4,968 9.2% 10.1% 53,968 100% 100% Sourc~ SANDAG Population and Housing Estimates, January 1, 1998. Overcrowding According to S ' · ANDAG s revtew of overcrowding region wide, the combination of low income and high housing costs has [orced many households to live in overcrowded conditions. The term overcrowded ~s apphed to units with 1.01 or more persons per room exclusive of the kitchen arid bathroom(s)1. Identifying the extent of overcrowded problems can serve as a warning sign that the community does not have an adequate supply of affordable housing and'or housing units for large families. According to the 1990 Census, there are 5,193 overcrowded housing units in Chula Vista, representing about 10.4 percent of the 49,849 total housing units. Region wide 17.5 percent of all housing units are overcrowded indicating that there is comparatively less overcrowding in Chula Vista than region wide. Of those overcrowded units in Chula Vista 1,794 (35 percent) are owner-occupied and 3,399 (65 percent) are renter occupied. Region wide overcrowded households are 27.3 percent owner- occupied and 72.6 percent renter-occupied. IUnder state law a housing unit is not considered overcrowded if there is at least 120 square feet of liveable space for the first two people and an additional 50 square feet for each additional person. Liveable space includes all rooms except the bath, kitchen, and hallways. Note however that data are not available by this definition. CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 PAGE 15 OF 118 Overpayment Measuring the portion of a household's gross income that is used for housing can indicate the affordability of housing within a community. State and federal programs typically define housing cost burden as those lower-income households paying over 30 percent of household income for housing costs. Based upon the 1990 Census Data, 18,102 households or 38 percent of all households in Chula Vista pay more than 30 percent of their household income for housing as compared to 41 percent in the region. 6,991 of these households experience a severe housing cost burden, paying more than 50 percent of their income towards housing costs. Of the 18,102 households experiencing a housing cost burden, 58 percent are renter households and 42 percent are homeowners. Those extremely low-, very low- and low-income renter households are more greatly affected. Approximately 83 percent of extremely low-income, 87 percent of very low-income, and 56 percent of low-income renters are paying more than 30 percent of their income towards housing costs. Approximately 64 percent of extreme]y low- income, 49 percent of very Iow-income, and 39 percent of Iow-income homeowners are paying more than 30 percent of their income towards housing. ~l~ecial Needs Groups There are some population, groups that have been identified as having a need for special or alternative types of housing. These special need populations have difficulty finding appropriate housing to meet their needs due to economic, social, mental, or physical conditions. These groups are the eider/y, persons with disabilities, large families, single-parent households, the homeless, farm workers, day laborers, and students. Many of these groups overlap. For exampie, many farm workers are homeless and many e]derly people have a disability. The Elderly The limited incomes of many elderly persons often make it difficult for them to find affordable housing. In the San Diego region, the elderly spend a higher percentage of their income for food, housing, medical care, and personal care than non-elderly families. Many elderly persons need some form of housing assistance. In 1990, 6.3 percent of the San Diego re 'Oh'S resi 65 and over were living in poverty, g~ dents aged The elderly population comprises about 12 percent of the estimated population in Chula Vista or 18,515 persons according to SANDAG's March 31, 1998 Demographic Characteristics estimates. Elderly is defined as 65 years or older. The housing needs of the elderly include supportive housing, such as intermediate care facilities, group homes, and other housing that may include a planned service component. Needed services related to the elderly households include personal care, health care, housekeeping, meals, personal emergency response, and transportation. PAGE 16 OF 118 CITY OF CHULA VISTA ~. ~ e~) HOUSING ELEMENT 1999-2004 According to the 1990 Census data for the City, approximately 6,199 elderly households are low- income and a majority, (58 percent) are homeowners. Of those elderly households renting their home, 40 percent are estimated to pay more than 50 percent of their income for housing. Elderly households constitute nearly 31 percent of all Chula Vista Iow-income households (20,290 households). Of the total low-income renter households 20 'percent are elderly, and of the total Iow-income homeowners, nearly half (49 percent) are elderly. Persons with Disabilities According to the U.S. Bureau of the Census, a person is considered to have a disability if he or she has difficulty performing certain functions (seeing, heating, talking, walking, climbing stairs, and lifting and carrying), or has difficulty with certain social roles (doing school work for children or working at a job for adults). A person who is unable to perform one or more activities, uses an assistive device to get around, or who needs assistance fi.om another person to perform basic activities is considered to have a severe disability. The U.S. Bureau of the Census estimates that ten percent of the total population in the United States has a severe disability and that 20 percent has some kind of disability? Applying these rates to Chula Vista would result in a 1998 estimate of 16,000 persons with severe disabilities and 32,000 with some kind of disability. The 1990 U.S. Census lists 7,191 persons living in Chula Vista, between the ages of 16 and 64, as having a work, mobility, or self-care limitation. Four factors - affordability, design, location, and discrimination - significantly limit the supply of housing available to households of persons with disabilities. Most homes are inaccessible to people with mobility and sensory limitations. Housing is needed that is adaptable to widened doorways and hallways, access ramps, larger bathrooms, lowered counter tops, and other features necessary for accessibility. Location of housing is also an important factor for many persons with disabilities as they often rely on public transportation to travel. Group housing, shared housing, and other supportive housing options can help meet the needs of persons with disabilities. These housing options often have the advantage of social service support on-site or readily accessible. 2SANDAG Regional Housing Needs Statement, p. 42. CITY OF CHULA VISTA PAGE 17 OF 118 HOUSING ELEMENT 1999-2004 TABLE 8: MOBILITY AND SELF-CARE LIMITATION BY AGE Description I 16 to 64 years I 65 to 74 years I 75+ years I Total Mobility limitation only 1,120 509 803 2,432 Self-care limitation only 2,093 427 237 2,757 Mobility and self-care limitation only 955 349 698 2,002 Total 4,248 1,424 1,738 7,191 Source: 1990 U.S. Census (STF3), Table P69 Disabilities can hinder the ability of a person to earn adequate income. "The U.S. Bureau of the Census estimates that 70 percent of all people with severe disabilities are unemployed and rely upon fixed monthly disability incomes which are rarely adequate for the payment of market rate rent? The California Right to Housing Campaign estimates that 15 percent of persons with disabilities in the State of California were living below the poverty level in 1988. Housing advocacy groups report that people with disabilities are often the victims of discrimination in the home buying market. People with disabilities, whether they work or receive disability income, are often perceived to be a greater financial risk than persons without disabilities with identical income amounts. The nonprofit National Home of Your Own Alliance estimates that only two percent of this population own their home compared to the overall homeownership rate of 66 percent.4 Large Families Large families, defined as five or more persons, usually require units with three or more bedrooms and pay a larger part of their monthly income for housing. They often have lower incomes and frequently live in overcrowded smaller units, which can result in accelerated unit deterioration. According to 1990 census data, 6,592 (14 percent) of Chula Vista's 47,824 total households are large families of five or more persons as compared to 13 percent region wide. Of those 6,592 large-family households in Chula Vista, 4,088 (62 percent) are owners and 2,504 (38 percent) are renters. Single Parents Single parents comprise a significant portion of lower-income households "in need." Single- parent households often require special consideration and assistance because they tend to have lower incomes and a greater need for day care, health care, and related facilities. (SANDAG:RHNS:page 137) National Partners in Homeownership, KeyNotes, "Reaching People with Disabilities," 1998, Page 3. 41bid PAGE 18 OF 118 CITY OF CHULA VISTA /,~ .~/ HOUSING ELEMENT 1999-2004 1990 census data indicate that 10.31 pement of the City's total households are headed by single parents as compared to 9.3 pement region.wide. Of these 4,902 households in Chula Vista, 994 (20 pement) are headed by males and 3,908 (80 pement) by females. Of the female single-parent households, 1,411 live below the poverty level, that is three pement of the total households. Homeless Throughout the country and the San Diego region, homelessness has become an increasing problem. Factors contributing to the rise in homelessness include a lack of housing affordable to low and moderate income persons, increases in the number of persons whose incomes fall below the poverty level, reductions in subsidies to the poor, drug/alcohol abuse, and the de- institutionalization of the mentally ill. The most recent legislation governing housing elements (Section 65583111][6]) mandates that municipalities address the special needs of homeless persons within their jurisdictional boundaries. As defined by the U.S. Department of Housing and Urban Development an individual or family who is homeless: 1. Lacks a fixed, regular, and adequate nighttime residence; or 2. Has a primary nighttime residence that is: · A supervised publicly or privately operated shelter designed to provide temporary living acconhnodations (including welfare hotels, congregate shelters, and transitional housing for the mentally ill); · An institution that provides a temporary residence for individuals intended to be institutionalized; or · A public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings. This definition does not include persons living in substandard housing (unless it has been officially condemned); persons living in ovemrowded housing, or persons being discharged from mental health facilities (unless the person was homeless when entering and is considered to be homeless at discharge). A report prepared by the Regional Task Fome on the Homeless in May 1998 states that the total homeless population in San Diego County is estimated at 15,000, with approximately 47 percent or 7,000 persons being resident farm workers and day laborers. Within Chula Vista the homeless population is estimated at 500 urban homeless and 100 homeless day laborers. Approximately 158 of the total homeless population are enrolled in local transitional shelter programs each day. According to South Bay Community Services (SBCS), the homeless in Chula Vista are primarily families and many of those are the result of domestic violence. oF cm. HOUSING ELEMENT 1999-2004 The Regional Task Force on Homeless estimates that families account for approximately 25 percent of the urban homeless population in the region and probably represent the fastest growing segment of this population. Studies conclude that half are victims of domestic violence. Single adults account for approximately 70 percent of the urban homeless. The majority of single adults are young males. Approximately 40 percent of urban single-homeless men are veterans. The remaining homeless population is comprised of chronically homeless youth and elderly persons. Social service and homeless providers address the supportive service needs of the homeless, as well as housing needs. The many and various needs of the homeless include emergency shelter, transitional housing, social services (i.e., job counseling/training), mental health services, and general health services. Existing service agencies indicate that a growing need exists for limited- term shelter or transitional facilities for homeless individuals and families. Emergency Shelters and Transitional Housing Facilities Many organizations located in other cities offer shelter for the homeless population currently residing in Chula Vista. Table 9 lists the shelter locations both in and near Chula Vista that are known to serve Chula Vista's homeless population. South Bay Community Services (SBCS) is the primary social service agency that provides homeless shelter and services within Chula Vista. SBCS operates four transitional living programs in Chula Vista and participates in the FEMA and County of San Diego Hotel/Motel Voucher Program. TABLE 9: SHELTERS FORTHE HOMELESS SERVING SAN DIEGO ~ SOUTH BAY Agencies I Program NameI Target Population [ Special Needs I Bed Spaces I City Seasonal Emergency Shelter ISN Rot'l Ecumenical Shelter - South General General Council of SD Bay (mid Oct- Population Homeless 12 Regional County March) Transitional Shelter MAAC Project Nosotros Adult Men Only Abuse'SUbstance 13 VistaChUla South Bay Casa Nuesm General Chula Comm. Services Homeless Youth 8 Shelter Homeless Vista (SBCS) SBCS Casa Nueva Families General 45 Chula Vida Shelter w/Children Homeless Vista Victims of Families Chula SBCS Casa Segura w/Children Domestic 40 Vista Violence PAGE 20 OF 118 CITY OF CHULA VISTA ~,~ HOUSING ELEMENT 1999-2004 Agencies Program Name Target Bed Population Special Needs City Spaces Transitional SBCS Housing Families General Chula Program w/Children Homeless 40 Vista Winter Hotel/Motel Vouchers (November through April) MAAC Project Hotel/Motel Families At-Risk Vouchers w/Children w/disability SBCS Hotel/Motel Families At-Risk Vouchers w/Children w/disability Total Beds 158 Definitions: Seasonal Emergency A program which provides shelter and support services during a limited portion Shelter of late Fall and Winter months. Transitional Housing Temporary housing and support services to return people to independent living as soon as possible, and not longer than 24 months. Soume: Regional Task Force on the Homeless Homeless Prevention Prom'ams and Services For the last few years, the City has allocated Community Development Block Grants (CDBG) funds to SBCS for youth and family support services, housing services, and economic development opportunities. 'Located in Chula Vista, SBCS offers assistance to persons who are "near homeless" through coordination of available services and financial resources and counseling in such matters as financial management and family support. For those persons or households who may be threatened with homelessness due to financial difficulties, Consumer Credit Counselors of San Diego and Imperial County is a non-profit organization that helps persons or households in financial difficulties. Their offices are located in Chula Vista. They provide educational classes teaching the wise use of credit and money management, and using community resources, counseling, and debt management programs for those who want to avoid bankruptcy. Farm Workers and Day Laborers Farm workers and day laborers are described as those individuals who live in the area and work regularly in the fields or in causal labor situations. Due to the rapid suburbanization of Chula Vista, very little of the County's agricultural employment base is left in the area. According to SANDAG's 1995 Employment Inventory, there are only 63 agricultural workers in Chula Vista, which is only 0.2 percent of the employment base, and 0.6 percent of the workers in agriculture, forestry, fishing, and mining region wide. Chula Vista's day laborers may work on small construction jobs and odd jobs. Similar to the farm workers, day laborers are often here temporarily and may choose to be homeless in order to send their earnings home to their families rather than using their resources for housing. This was CITY OF CHULA VISTA PAGE 21 OF 118 HOUSING ELEMENT 1999-2004 · '~ ~--/ seen in 1995 when the City of San Diego met some resistance from farm workers and day laborers who were offered to be relocated from encampments into apartments. It is difficult to provide an accurate estimate of this population due to this population's -' geographical, linguistic, and cultural isolation. The Regional Task Fome on the Homeless has roughly estimated a rural homeless population of 100 day laborers in Chula Vista. Almost all are single men. Students Students can impact housing demands in areas that surround universities and colleges. Typically students are low-income and are therefore affected by a lack of affordable housing, especially within easy commuting distance from campus. They often seek shared housing situations or live with their parents to decrease expenses and can be assisted through roommate referral services offered on- and off-campus. Chula Vista is the location of Southwestern Community College with an enrollment of 17,716 for Fall 1999."Most (70 percent) are part time students and only 27 pement are new enrollees. The average age is 26.8 and 83 percent are ethnic minorities. Sixty-six percent of the students intend to continue their education at a four-year university. The majority of students are employed and 37 pement live in Chula Vista. When surveyed about their needs, none indicated a need for housing. There is no housing office on campus and the college administrators have not heard about housing problems from the students. The Olympic Training Center represents a unique student need in Chula Vista. Approximately 120 of the athletes require short-term stays of one to two months and use the four dormitories at the Center. Approximately 75 athletes require year-round housing, 25 of whom reside at the Center and 50 reside in the nearby community. The average age is 25 years and the average income is under 50 percent of the area median income. Approximately 75 percent are female and 25 percent are male. PAGE 22 OF 118 CITY OF CHULA VISTA /,:~ ff~; HOUSING ELEMENT 1999-2004 _L. and Use Characteristics In 1995, 74 percent of the land in Chula Vista was developed, leaving 3,578 developable acres. Since 1995, Chula Vista has annexed additional lands that significantly increase the development capacity in the City. Western and EaStern Chula Vista have distinctive land use character. Western Chula Vista is completely developed with opportun/.ties for minor in-fill projects, housing rehabilitation, and redevelopment. Eastern Chula Vista is a newly developing area characterized by master planned communities. In 1997, Chula Vista annexed approximately 9,089 acres of vacant land in Eastern Chula Vista, most of which was subject to a joint planning effort with the County of San Diego. Two .additional master planned areas, San Miguel Ranch and Bonita Meadows, are expected to annex tnto the City prior to 2004. In Western Chula Vista an estimated 83.89 acres are vacant, for a potential of 519 units. In Eastern Chula Vista there is capacity for approximately 29,565 units (this includes the capacity of the two areas that are expected to annex by 2004). Employment Characteristics In the San Diego region, employment growth out paced population growth between 1980 and 1990. The decade recorded a gain of more than 313,400 jobs, an increase of 47.4 percent, while population increased by 62.9,772 people, a growth rate of 34 percent. During the recession, between 1990 and 1996, employment grew only four percent (39,800) while population grew 8.1 percent (202,021 people).5 Between 1990 and 1994 more Iow paying than high paying jobs were created in the San Diego region. High paying jobs increased by 31.4 percent while low paying jobs increased by over 43 percent. In addition, the real wages of high paying jobs have decreased seven percent, while wages in low6paying jobs have decreased 15 percent over the same time period (wages adjusted for inflation). Chula Vista is forecasted to be one of the fastest growing employment centers in the region because of land available for employment center development, access to major transportation corridors such as Interstate 8 and 805, and its proximity to the U.S.-Mexico International Border. ~6 S sOUrce: SANDAG Evaluating Economic Prosperity n the San Diego Region: 1998 Update page 56 ource: SANDAG Evaluating Economic Prosperity in the San Diego Region: 1998 Update page 6 CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 ~ PAGE 23 OF 118 Table 10 indicates major employers in the City of Chula Vista and approximate number of employees. TABLE 10: CHULA VISTA MAJOR EMPLOYERS I Type Employees Business Non-Retail B.F.Goodrich Aerospace (formerly Rohr, Inc.) Manufacturing 2,344 Sharp Chula Vista Medical Center Hospital 883 Scripps Memorial Hospital Hospital 660 American Fashion, Inc. Manufacturing 388 United Parcel Service Parcel Delivery 311 Retail Wal-Mart General Merchandise 349 Costco Wholesale (2 stores) General Merchandise Warehouse 336 Sears Department Store 300 Target (2 stores) General Merchandise Warehouse 244 Albertsons ( 2 stores) Grocery Store 226 Macy's Department Store 211 K-Mart (2 stores) General Merchandise Warehouse 207 Home Depot Building Supplies 206 Source: City of Chula Vista Finance Department PAGE 24 OF 118 CITY OF CHULA VISTA / ,i~~ HOUSING ELEMENT 1999-2004 Table 11 provides a 25-year projection of employment growth by sector for Chula Vista. TABLE 11: PROJECTED EMPLOYMENT BY SECTOR CHULA VISTA 1995 - 2020 1995 - 2020 Change Employment Sector 1995 2005 2010 2020 Number I Percent Civilian Employment 45,996 67,643 73,200 87,533 41,537 90.3% Manufacturing 5,534 6,861 6,528 6,301 767 13.9% Transp., Comm., & Utilities 1,698 2,463 2,534 2,816 1,118 65.8% Wholesale Trade 2,208 4,096 4,779 6,172 3,964 179.5% Retail Trade 10,485 13,944 14,638 16,587 6,102 58.2% Finance, Ins. & Real Estate .2,318 3,418 4,050 5,541 3,223 139.0% Services ~' 11,108 18,653 20,436 25,905 14,797 133.2% Government 7,632 10,897 12,331 14,516 6,884 90.2% Other* 5,013! 7,311 7,904 9,695 4,682 93.4% Military Employment 0 0 0 0 0 0 Total Employment 45,996 67,643 73,200 87,533 41,537 90.3% Employment Housing Ratio 0.85 0.95 0.91 0.91 0.05 6% *Employment ~n agriculture, mining, and constmcuon industries, and self-employed and domestic workers. Source: SANDAG Preliminary 2020 Forecast, February 1999 Employment is projected to increase by 21,647 jobs or 47 percent between 1995 and 2005, with the greatest numeric increases occurring in the services, government, and retail sectom (7,545, 3,265, and 3,459 jobs respectively). Given that retail trade and service jobs are traditionally lower paying, the need for affordability in the local housing market for these employees may be magnified, assuming that those retail trade and service employees also reside within the community. Housing should be created to match the growth of jobs and the corresponding average wages. Should housing be unaffordable to those in these growing job sectors, these employees must seek housing in surrounding communities where housing costs are lower. Commuting Patterns Commuting patterns demonstrate the relation of housing to employment opportunities and are a component in the allocation of growth to localities. As a result of the increase in the economic base, employment levels and physical separation of housing and employment sites, the number of people commuting to work has increased. CITY OF CHULA VISTA PAGE 25 OF 118 HOUSING ELEMENT 1999-2004 ....... c~ The majority (73.6 pement) of Chula Vista residents drove alone to work as compared to 71 percent region wide, according to the 1990 census. Approximately 20 percent car-pooled or took public transportation. The remainder rode bikes, walked, or worked at home. The mean-travel time to work was 22 minutes. Housing Stock Characteristics In 1998, Chula Vista had a housing stock of 56,250 units. This is a growth of 12.8 percent from the 1990 total units of 49,849, which compares to a 7.3 percent increase region wide. Projected Housing Units Table 12 presents the housing unit projections for the City of Chula Vista and the San Diego County Region. The City's rate of increase between 1998 and 2005 in housing is more than double that of the region (31 percent vs. 13 percent). The approximately 17,000 new units will generally keep pace with the forecasted population increase of 46,000. TABLE 12: PROJECTED HOUSING UNITS Year [ Chula Vista I Region 1995 53,961 996,684 1998 53,968 1,014,859 2005 70,928 1,153,736 2010 80,775 1,245,057 2020 96,518 1,404,231 Total Increase 42,557 407,547 % Increase 79% 41% Source: SANDAG Preliminary 2020 Cities/County Forecast, Febma~ ' 1999; State DOF March 1998 Housing Type In 1998, the largest percentage (48.5 percent) of housing units in Chula Vista was single-family detached units, as compared to 50 percent region wide. Table I 1113 below presents the type of housing units in Chula Vista in 1998. TABLE 13: TYPE OF HOUSING UNITS, 1998 Total Single Single Multi- Multi- Jurisdiction Housing Family Family Family Family Mobile Units Attached Detached 2-4 Units 5+ Units Homes Chula Vista 56,250 4,353 27,320 4,113 16,732 3,732 Region 1,014,859 88,128 508,020 74,430 297,373 46,908 Source: California State Department of Finance, January, 1999 PAGE 26 OF 118 CITY OF CHULA VISTA ~,~ ,,~ ~,~ HOUSING ELEMENT 1999-2004 Table t4-214 shows that all types of housing units in Chula Vista will significantly increase between 1998 and 2020, with the exception ofmobilehomes, which is anticipated to decrease. TABLE 14: PROJECTED HOUSING UNIT TYPE CHULA VISTA, 1998-2020 Housing % of % of % of % of Type 1998 Total 2005 Total 2010 Total 2020 Total Housing Housing Honsin~ Housing Single- !Family 31,673 56.3% 40,990 57.8% 46,091 57% 54,180 56.1% Multi-Family 20,845 37.1% 26,285 37% 31,068 38.5% 38,607 40% Mobilehomes 3,732 6.6% 3,653 5.2% 3,616 4.5% 3,731 3.9% Total Housing - 56,250 100% 70,928 100% 80,775 100% 96,518 100% dnary 2020 Cities/County Forecast, Februar 1999 Housing Age Age of housing is o~en an indicator of housing conditions. Many federal and state programs use age of housing as one factor.to determine housing needs and the availability of funds for housing and/or commun/ty development. Based on the 1990 census, approximately 13,000 units in Chula Vista are now or will be 50 years of age or older by 2004, meaning that older housing comprises approximately 23 percent of the total 1998 housing stock. The older homes are primarily located in western Chula Vista. TABLE 15: AGE OF HOUSING STOCK Units Year Built No. I Percent Pre-1940 1,003 2% 1940-1949 3,474 6% 1950-1959 9,272 17% 1960-1969 11,518 21% 1970-1979 12,902 23% 1980-1989 11,680 21% 1990-1997 5,409 10% Total 55,258 100% CrlY OF CHULA VISTA PAGE 27 OF 118 HOUSING ELEMENT 1999-2004 These older units are a source of affordable housing stock for low- and moderate-income residents as rents and sales prices are usually lower the older the home. It is important for Chula Vista to preserve these units as affordable housing stock through careful monitoring, code enforcement, and rehabilitation. Housing Condition Housing condition is often defined in terms of substandard housing. Substandard housing units include those in need of repair and those in need of replacement. Indicators of the number of substandard housing units within a jurisdiction can include units built before 1940 or those lacking plumbing facilities. Age of housing or the lack of plumbing facilities is not always indicators of substandard conditions. Units may be considered substandard by the U.S. Department of Housing and Urban Development (HUD) if they were built before 1940 and have a value of less than $35,000. Only two percent of Chula Vista's housing stock was built prior to 1940 (Table I 131~). These pre- 1940 homes ale primarily located in western Chula Vista. Of the 19,838 owner occupied housing units repOrted in the 1990 Census, only 106 units or 0.5 percent were valued less than $35,000. According to the 1990 Census, 168 units lacked complete plumbing facilities. Of those units with plumbing deficiencies, 161 of the units were owner occupied and seven were rental units. Housing Tenure .. The total estimated number of occupied dwelling units for April 1990 was 47,824 according to the U.S. Bureau of the Census. Of these units, 24,487 (53 percent) were owner occupied and 22,337 (47 percent) were renter occupied. Region wide, 54 percent of the residents owned their own homes. Vacancy Rates Vacancy rates are an indication of housing supply and demand. High vacancy rates may indicate an over supply of housing and/or low demand for such housing. A prolonged high vacancy rate tends to discourage new construction, especially multi-family residential development. A low vacancy rate indicates a high demand relative to supply. A prolonged low vacancy rate tends to elevate rents in the rental stock. Vacancy rates between two to three pement are usually considered healthy for single-family housing; and five to six percent for multi-family housing. However, vacancy rates are not the sole indicator of market conditions, they must be viewed in the context of all the characteristics of the local and regional market. The region experienced low vacancy rates from 1974 to 1984. The increase in vacancy rates after 1984 was attributed to 1981 tax incentives that resulted in the construction of more rental PAGE 28 OF 118 CITY OF CHULA VISTA / ~·,, HOUSING ELEMENT1999-2004 properties. This increase in new units caused the vacancy rate for multi-family units to rise to a height of 8.9 percent in 1987. By 1990 vacancy rates had fallen to 6.2 percent. The San Diego County Apartment Association is the primary source of vacancy rate information in the San Diego region. The Apartment Association sends out surveys to its member rental property owners and managers throughout San Diego County twice a year. As this represents only a sampling of rental properties, the numbers do not represent the entire housing stock, but they assist in analyzing vacancy trends throughout the region. TABLE 16: VACANCY RATES CItULA VISTA 1996 TO 1999 Time Period Covered [ Units Surveyed Number Vacant [ Percent Vacant Fall 1996 1,953 84 4.3% Fall 1997 3,844 110 2.9% Fall 1998 5,090 69 1.4% Spring 1999 3,951 65 1.1% Fall 1999 6,040 44 0.5% Source: g~n DJ,,,,,, C',,,,.,y Apartment Association, 1996-1998. With the recession over md continued growth in the region, vacancy rates have substantially declined. This coincides with an increase in rental rotes. This trend will affect housing shortages, over-crowding and over-payment, particularly among Iow-income households. Housing Costs Housing costs are indicative of housing accessibility for all economic segments of the community. Typically, if housing supply exceeds housing demand, housing costs will fall. If housing demand exceeds housing supply, housing costs will rise. In Chula Vista, housing costs are less than the median for the entire region as shown on Table ! ! 51~7. CiTY OF CHULA VISTA PAGE 29 OF 118 HOUSING ELEMENT 1999-2004 / ~ ~ q~ TABLE 17: HOUSING COSTS - 1998 Jurisdiction Median Cost of Average Rents Resale Housing Studio I 1 bedroom I 2 bedrooms ] 3 bedrooms -, Chula Vista $177,000 $390 $542 $638 $692 Carlsbad $285,000 $480 $618 $781 $2,500 La Mesa $185,000 $487 $578 $707 $930 E1 Cajon $184,000 $405 $485 $581 $807 Imperial Beach $144,000 $440 $489 $598 $790 Oceanside $168,000 $466 $556 $697 $889 San Diego Region $195,500 $448 $543 $685 $916 g sin Needs Statement, 1999 At-Risk Units Housing elerhent law requires jurisdictions to provide an analysis and program for preserving affordability of assisted housing developments that are eligible to change fi.om low-income housing uses during the next I0 years. Currently, there are two housing developments (the Meadows of Chula Vista and Eucalyptus Parkview Apartments) which have units at risk of conversion to market rate housing within the next ten years. There are no HUD 236 contracts scheduled to expire during this period. The Meadows of Chula Vista is an 80 unit elderly-person complex, 32 units of which are low- income units. The earliest date of conversion is 2000. Eucalyptus Parkview apartments is a 53- unit complex, nine of which are low-income units. The earliest date of conversion is 2008. The units in both these complexes were created through a density bonus program at a time when the units were located in the unincorporated area of the County &San Diego. The estimated market value per unit is $45,000. Costs of New Unit or Preservation of Existing The estimated cost for producing new units to replace these 35 one bedroom and 6 two bedroom Iow-income units is $4,474,532. This estimate reflects an estimated average direct production cost as follows: PAGE 30 OF 118 CITY OF CHULA VISTA / '~ HOUSING ELEMENT 1999-2004 TABLE 18: AVERAGE PRODUCTION COSTS OF HOUSING Description Costs 1 Bedroom 2 Bedrooms (650 sq ft) (800 sq ft) Land Costs $25,000 per unit 25,000 25,000 Parking/Landscaping/Common Areas $20,000 per unit 20,000 20,000 Construction Costs $63/sq fi 40,950 50,400 Chula Vista Developer Fees $21,802 per unit 21,802 21,802 TOTAL $107,752 $117,202 This cost could increase depending on land costs and infrastructure needs to support the construction of new low-income units. The estimated cost of preserving the units by purchasing an affordability covenant is shown on Table 19 below. TABLE 19: ESTIMATED COST OF RENT SUBSIDIES CHULA VISTA, 1999 No. Annual Development Assisted Market Assisted Affordability Total Subsidy Units Rent Rent Gap Gap/month Required Meadows $497 to $446 to $1,600 (~ 1055 Granjas 32 $507 $461 $51 to $46 $19,200 $50/month) Eucalyptus Parkv/ew 9 $700 to $575 to $1,125 56 Fourth Ave $875 $725 $125 to $150 $13,500 (RS 125/month) Given the cost of new construction as compared to preservation, the City of Chula Vista will explore the option of purchasing affordability covenants for the 41 low-income units at these two apartment complexes. Subsidy payment would be made annually, and would most likely be funded with redevelopment set-aside funds or Community Development Block Grant funds. 'CITY OF CHULA VISTA PAGE 31 OF 118 HOUSING ELEMENT 1999-2004 / ~ .~ ~ This page is intentionally blank. PAGE 32 OF 118 CITY OF CHULA VISTA ~ ~, ". dd'~;' HOUSING ELEMENT 1999-2004 II. CONSTRAINTS TO HOUSING PROVISION Actual or potential constraints on the provision of housing and the cost of housing affect the _, development of new housing and the maintenance of existing units for all income levels. Governmental and non-governmental Constraints are discussed below. Governmental Constraints Governmental constraints can limit the operations of the public, private and nonprofit sectors making it difficult to meet the demand for affordable housing and limiting supply in the region. Governmental constraints include growth management measures, land use controls, building codes, processing fees, and site improvement costs. Regional Land Supply The San Diego region is growing with a population growth of nearly one million persons over the next twenty years and a need for approximately 360,000 new'homes to accommodate this growth. In accordance with SANDAG's 2020 Regionwide Forecast, b~2ed on the current collective general I ' ' ' ' pans of the region s cities and the county lack sufficient residential capacity to meet this demand.; In addition, much of that capacity is represented in lower-density tho .....· ~;""'~ single family designations in areas outlying from existing and planned employment areas and reaiona activity J .... .- -, ................ , ^c 'd ~tia! ' ' .... ,~ c~ mu!fifami!y pR ......... heme£. In response to the anticipated growth of the region and the assessment of existing land use plans, SANDAG has developed a strategy for regional growth management called Region 2020. The C'~t:,, ef Chula Vista City Council has adopted _a Resolution of Support for REGION2020 and the "smart growth" principles embodied r-e ................ ng in the L~d Use Distfih'atien of the Regional Growth Management strategy._ and .h.~ rufficient !e-".d planned fe~ Unlike some of the region's other cities~ Chula Vista also has a substantial inventory of land available for residential development~ including both single family and multi-family hemegcapacity. Land Use Controls Land use controls take a number of forms that affect the development of residential units. These controls include General Plan policies, zoning designations (and the resulting use restrictions. development standards, and permit processing requirements), development fees and local growth ~management pro,ams. The City's Growth Management Program ensures that quality of life, standards are maintained as the City ,grows. Unlike many local growth management programs~ Chula Vista's program does not place a numerical limit or cap on new dwelling units. · -These cen~e!s implement t_The General Plan, whizh establishes the overall character and development of the community. Chula Vista's General Plan designates substantial areas of vacant land for residential development at a variety of densities. Most of the vacant land i_s located within eastern Chula Vista and will be developed within master planned communities CITY OF CHULA VISTA PAGE 33 OF 118 HOUSING ELEMENT 1999-2004 under the "Planned Community (PC) Zone"~ which permits varied densities and the use of flexible development standards. The section on Housing Opportunities presents more detailed information on the availability of residentially zoned land. In summary, there is sufficient vacant land in Eastern Chula Vista to accommodate 29,56528,569 additional units. Of these units, 41 percent will be higher density multi-family (Medinrn High at 11 to 18 units/acre and High at 18 to 27+ units/acm), and aAnother 11 percent will be in the 6 to 11 units/acre range which typically generates patio homes/townhomes. The remaining 48 percent are at densities for single-family homes (mostly Lo~v Medium at 3 to6 units/acm, and some Low at 0 to 3 units/acm). The residential zoning designation controls both the use and development standards, and influences the housing to be developed. There are currently six different zones that allow residential development by right in Chula Vista. Another seven zones conditionally allow residential development. More specifically, t:l:he Zoning Ordinance includes a Mobilehome Park (MHP) zone, densi~, bem:s prev'.'s:'ens, mixed-use development zones, and the construction of residential projects in certain commercial zones. Chula Vista allows dwelling groups, two or more detached dwellings on one parcel with a common yard or court, by right in the R-2 zone and with a Conditional Use Permit (CUP) in the RE & R1 zones. All zones require site plan and architectural approval. Housing developments for seniors may be allowed in any zone except the R-l, R-2, C-V, C-T, and industrial zones. Because the residents of such developments have dwelling characteristics which differ from those of families and younger persons, it is not appropriate to apply all of the normal zoning standards. Senior housing is allowed with a CUP and the Planning Commission and City Council may make exceptions to the density, off-s~'eet parking, minimum unit size, open space, and such other requirements as may be appropriate. The Planning Commission and City Council may also adjust required setbacks, building height, and yard areas as appropriate to provide an adequate living environment both within the development and on nearby properties. Any exceptions and adjustments shall be subject to the condition that the development will be available for occupancy by seniors only. The City does not have a provision for accessory dwelling units. Accessory structures are a permitted use in any R zone, however they are not allowed to have a kitchen and are not intended as living quarters. Guest houses are permitted as accessory uses in the Agriculture and Residential Estate (RE) zones subject to provisions in the Municipal Code and not rented or otherwise conducted as a business. Table 20 and Table 2 I, below, show the allowed or conditional uses and development standards for each of the zones, as well as referencing the chapter of the Zoning Ordinance containing applicable zoning regulations. PAGE 34 OF 118 CITY OF CHULA VISTA / i~; ~ HOUSING ELEMENT 1999-2004 TABLE 20: ZONES ALLOWING RESIDENTIAL DEVELOPMENT BY RIGHT ~ zone/Applicable ~/~ ~2AIlowed Residential~,.~ ~,Minimum: ~.~,~Lot ~:-,~ ~ Bui?ing ~ ~Coverage ~ ~ He~ght~ Agriculture (19.20) ~single family dwelling, One anit per N/A 35 fee~t manufactured home or parcel or lot mobile home R-E Residential single family dwellings ~ 45% 28 feet ! Estates (19.22) ave.; 15,000 s.f. min. R-1 Single Family single family dwellings 6 000s.f. 50% 28 feet Residence (19.24) R-2 One and Two 5ingle family, duplex, 7~000s.f. 55% 28 feet Family Residence or attached SF (19.26) dwellings MHP Exclusive Mobile home parks By plan By plan By plan Mobilehome Park .. (19.27) R-3 Apartment Multiple dwellings. 7,000s.f. 50% 28 to45 feet Residential ( l 9.28) ~ownhomes or duplexes min. maxfmumBy max. building setbacks site; min. 1350s.f. per unit PC Planned By plan (see Table 32 By plan By plan By plan Comrntmity (19.48) for types & capacities ~n approved PC proiects) TABLE 21: ZONES CONDITIONALLY ALLOWING RESIDENTIAL USES ~, one/A~plicable Ordm anc~e~;~!~ ~ ~ ~ ~ .... ;~Res~d ential/Uses ~AHowed ~ ~onditiOns for Resid ential ~ C-O Administrative and R-3 residential uses Per R-3 regulations. Professional Office (I 9.30) C-~B - Central Business (19.32) R-3 residential uses Must be above ground floor commercial uses. C__-C Cenlral Conmaercial Mixed commercial-residential CLIP approval requh'ed. ~S~.36) projects I-_jR Research Industrial Single family unit as an Must be for theexclusive use ~_~.42) accessory use of caretaker. L-~.. Linfited Industrial Single family unit as an Must be for the exclusive use ~[9.44) accessory use of caretaker. I - General Industrial (19.46) Single family unit as an Must be for the exclusive usc Ci'IT OF CHULA VISTA PAGE 3~ OF 118 .o.si G E,.E.E / ~Zone/3~pphcable Ordinance ~ ~,R~sltlential~ses?~Mlowed~ ¥~conditions for~Re-side~itial ~ accessory use of caretaker. P-Q - Public/Quasi Public Single family unit as an Must be for the exclusive use (19.47) accessory use of caretaker. Some development standards, such as parking: are based upon use rather than the zoning designation. The parking standards for residential uses vary based upon thc unit type. Single family homes and duplexes require a two car garage.~ Townhouses require two parking spaces to be provided in a garage or carport. Apartment parking standards are less restrictive: One and one-half parking spaces for each studio or one bedroom unit and two parking spaces for units with two or more bedrooms. No guest parking is required. As specified in Housing Element Program 3.3.2 - Development Standards, the City will evaluate and consider, on a case-by-case basis, the possibility of waiving or modifying certain development standards to encourage the development of low and moderate-income housing. The City may provide a reduction or modification in site development standards~ zoning code or architectural design requirements for those cli,gible affordable housing projects requesting such reductions or modifications consistent with Government Code Section 65925(h). Growth Management The following growth management provisions exist in Chula Vista: a. Threshold Standards: Adopted in November 1987, the "thresholds" established performance criteria and standards for eleven public facilities and services to ensure residents' "quality- of-life" in conjunction with growth. They addressed such matters as minimum "Level of Service (LOS)" to be maintained on roadways, police and fire response times, minimum park acreage and library square footage per 1,000 persons, and guarantees for school, water, and sewer service as examples. b. The Standards included' two types of implementation measures, those for application by staff on a project-by-project basis, and those to be applied Citywide on a periodic basis. For the latter, a Growth Management Oversight Commission (GMOC) was formed and tasked with an annual review and report on Citywide compliance. c. Growth Management Element: Incorporated with the General Plan Update in April 1989, it sets forth the City's goals, objectives, and policies related to protection of residents' quality- of-life. This element established a City commitment consistent with the concept of the Threshold Standards and Controlled Residential Development Ordinance. d. Growth Management Program: Adopted in April 1991, it serves as the implementing mechanism for the Growth Management Element of the General Plan. It sets a foundation for carrying out City development policies by directing and coordinating future growth to ensure timely provision of public facilities and services. As such, its primary focus is Eastern Chula Vista where large tracts of vacant land are to be developed. The program PAGE 36 OF 118 CITY OF CHULA VISTA / ~ ~ HOUSING ELEMENT 1999-2004 document sets forth guidelines for relating development phasing to facilities master plans at the project level, and establishes requirements for facilities guarantees at various stages of project planning and review. e. Growth Management Ordinance (Chula Vista Municipal Code Chapter 19.09): Enacted in May 1991, codifies Growth Management intents, standards, requirements, and procedures related to the review and approval of development projects. The principal foundation of the City's various measures is recognition that large scale futura growth creates tremendous demands for public facilities and services, which if not adequately addressed, will result in shortages detrimental to public health, safety, and welfare. Development of the Growth Management Program involved preparation of several facilities master plans sufficient to support the land use base of the updated City General Plan consistent with adopted Threshold Standards. Preparation of those master plans included a comprehensive survey and analysis of existing conditions and levels of service. Although the Growth Management Program is targeted toward F=eastem Chula Vista where large vacant tracts ~)fland are being developed, Threshold Standards ar~ applicable Citywide. Through the Implementing Ordinance (Chula Vista Municipal Code, Chapter 19.90) discretion is reserved to exempt those projects which through their size and/or location do not possess potential to significantly impact facilities and services. This level of significance is defined through the environmental review process on each project, which specifically measures related facility and service needs, in comparison to Threshold Standards performance, and identifies if mitigating actions are necessary. In such instance that a project, due to its location and/or timing, is required to provide a facility(les) exceeding its needs, a benefit assessment is made to determine the amount and/or location of additional developments being served, and appropriate financing mechanisms and reimbursement agreements are then established. The City's ability to accommodate its Regional Share allocation is not impacted, as the measures do not establish any form of building cap. Rather than attempting to artificially limit growth, the measures are aimed at ensuring adequate and timely services and facilities for growth produced by market fomes. Building Codes and Code Enforcement The City's Planning and Building department administers and enforces the California Building Code, which ensures cons~-uction in accordance with widely adopted health and safety standards. The City does not vary fi-om these standards. The City of Chula Vista administers code enforcement programs designed to protect the health, safety, and welfare of its citizens. The City's Planning and Building department, in conjunction with the City Attorney's office, undertakes abatement proceedings for deteriorating and substandard housing or illegal housing units. The City's Code Enforcement Section of the Planning and Building Department currently detects and abates violations of/he State and City CiTY OF CHULA VISTA PAGE 37 OF 118 HOUSING ELEMENT 1999-2004 ~ .~ ~;~ ~ Housing and Health Codes as they relate to substandard housing. The Code Enforcement Section administers the Community Appearance Program in an attempt to educate and encourage corrections of Code violations fi.om reaching a point of costly remedy. On- and Off-Site Improvements The City has a variety of requirements established by both the Zoning and Subdivision Ordinances, such as development standards and off-site improvements. These requirements are those necessary to ensure adequate livability and lasting value in housing such as sewers, streets, curb-gutter-sidewalk, lighting, drainage, recreational open space, parking, etc. The City allows for the reduction of standards to help offset costs for senior housing projects. The City also considers the reduction of standards to help offset costs and financial participation in the construction of infi.astructure for those eligible housing projects as a method of "additional incentive" under the State's revised Density Bonus Provisions. Fees and Exactions According to the BIA's 1999 Development Impact Fee Survey, the City of Chula Vista ranked sixth out of the 18 jurisdictions and the County of San Diego in average total residential development impact fees as shown in Table II 122 below. Since fee values vary between and sometimes within jurisdictions, a method was needed to compare fees across jurisdictions. To accomplish this task, a prototypical structure was created for residential development. For the prototypical structure, existing fee levels by individual jurisdictions were applied. The prototypical structure'encompasses characteristics representative of development averages. The BIA created a prototypical structure for residential development based on a three-bedroom, two-bath, single-family home with a 2,000-square foot living area, 400-square foot garage, and a 240-square foot patio. The construction was Type V, wood frame construction. PAGE 38 OF 118 CITY OF CHULA VISTA / 3 ~ 5/ HOUSING ELEMENT 1999-2004 TAELE !!-!TABLE 22: RESIDENTIAL DEVELOPMENT IMPACT FEES* AS LEVIED I BY JURISDICTION, PER PROTOTYPE SAN DIEGO REGION, 1999 Solana Beach $32,458 Poway $29,974 Carlsbad $27,136 City of San Diego $26,586 San Marcos $24,267 Chula Vista $23,927 Santee $23,532 Escondido $20,999 : Oceanside $20,695 Encinitas $18,850 Vista $17,041 County of San Diego $16,564 El Cajon $12,460 *Impact fees include fees collected by non-city agencies (water, sewer, and school district fees) Source: BIA's 1999 Development Impact Fee Survey The ranking of these jurisdictions in respect to fees shows that cities with newly developing areas (where no facilities/services are now available) tend to have higher fees than those which are experiencing mostly in-fill development. Most new growth in the region will be in newly developing areas where high fees are needed to assure that new growth pays its way.7 The effect of these high fees can be partially mitigated by inclusionary programs where the affordability of the units is assured and development costs (including fees) can be spread over a large and varied mixture of housing types. In general, the City requires affordable housing projects to pay the same fees as market rate residential developments. When faced with high or increased development costs, these projects do not have the ability to pass these costs on to the project due to their budget limitations and rent restrictions. According to affordable housing developers, permit processing fees and local development impact fees are one of the major governmental roadblocks to the production of affordable housing for low-income households. Based upon information obtained from tax crcdit applications of several affordable housing developments, local permit processing fees represent ten to fifteen percent (10 to 15%) of the development budget of these developments. Affordable housing developers strongly advocate the City to waive, reduce, or at a minimum, defer fees for affordable housing. 7Proposition 13 significantly hampers a jurisdiction's ability to raise general fund revenues for facilities/services for new grov, a.h. CITY OF CHULA VISTA PAGE 39 OF 118 I OUSi E .EME T 999- 004 Affordable Housing Program Inclusionary housing programs are seen as "thc best, perhaps even the only, currently available means by which residential integration can be actively fostered" and housing affordable to a less affluent population provided,a Without thc availability of offsets and flexibility to such programs, inclusionary zorfing can become a constraint or an exaction on new development by shifting the burden of subsidizing low-income affordability fi-om government to private builders? Chula Vista has an inchisionary policy which requires all projects of 50 or more dwelling units to provide ten percent of the housing for low- and moderate-income households, with five percent affordable to Iow-income households. Thc requirements primarily affect those master planned projects in the developing eastern portion of Chula Vista. This program also provides for alternate methods of compliance including the dedication of land, off-site development, and in- lieu fee. The cost of compliance may be mitigated by regulatory concessions, waivers, bonuses, or financial assistance. The City typically participates financially in the development of affordable housing through a residual receipts loan to assist with development costs such as property acquisition and development fees. The City has also provided other regulatory concessions, such as reductions in parking and density bonuses as offsets. Processing and Permit Procedures To verify compliance with the variety of use regulations and development standards, development prqjects undergo varying degrees of discretionary review. The extent and duration of project processing varies widely by type of application. Table 23 below shows the types of discretionary review for residential development and their typical processing time and costs as of January 2001. The processing times listed below include the typical time of completing and reviewing a permit (time from the completed application date to final decision date). The costs listed are only permit processing costs and do not include any costs associated with facility impact or in-lieu fees. 8 Mallach 1984, Inclusionary Housing Programs.. Policies and Practices. New Brunswick, NJ: Center for Urban Policy Research, Rutgers University 9 Coyle, Timothy. 1994. Bathers to 'Affordable Housing. Memo for Housing Task Force Members, Department of Housing and Community Development (HCD). Sacramento, CA. November 2. PAGE 40 OF 118 CITY OF CHULA VISTA , ~'~;, ~ HOUSING ELEMENT 1999-2004 TABLE 23: DISCRETIONARY REVIEWS FOR TYPCIAL RESIDENTIAI, DEVELOPMENTS ~:~' ' Single Family NO~ House (1 ~it or Duplex Desi~ Review Zoning 6-8 wks $350 (Only in Precise Administrator Plan Dist~cts ~d Desi~ Control Modi~ng Dist~cts Small MF ~itial Study Decision 12-16 wks $1.000 Deposit Pro~ect with or M~ing Body* 'without P~ce Map (2-4 units) $1.000 Deposit Design Review Zoning 8-10 wks Adminis~ator or Dcsi~ Review Commi~ee Medium-sized Initial Study *DMB 12-16 wks $1,000 Deposit Pro~ect with Tract Map (5- Design Review Design Review $1,000 Deposit 50 ~its) Committee 10-12 wks $1,000 Deposit Tract Map Pla~ing Commission ~or City ~ Council ~,ge PrQ~cct Initial Study *DMB 12-16 wks $1~000 Deposit with Tract Map ~morc than 51 Dcsi~Rcview Dcsi~ Review $1,000-$2,000 units) Committee Deposit 10-12 wks ~ Tract Map Planning $1,000 Deposit Commission ~or City Council CITY OF CHULA VISTA PAGE 41 OF 118 HOUSING ELEMENT1999-2004 ;? - - ~--- 2~.~ '3 Notes: · Steps/permits for 2 or more units typically involve: o Environmental Clearance o Design Review · Processing times overlap and are typically from acceptance of a complete application to final discretionary action. · Costs: Includes permit processing fees, and do not include facility impact fees or in-lie. fees. ' o Small Proiect types typically is covered by the deposit o Medium to Large Projects often exceed the required deposit · Environmental Review o Initial Study typically results in a Negative Declaration or Mitieated Negative, Declaration or in some cases an Environmental Impact Report. o Projects that are determined through the Initial Study to have significant environmental impacts require an Environmental Impact Report (EIR). Typical processing time ~vould then be 12 to 14 months. For an EIR typically an additional $5.000 deposit is required Residential projects requiring subdivision of land and additional regulatory approvals such as re- zonings will require longer periods of review than those for which only ministerial approvals are needed. ~"~°'~"*;~m delays in ....... ; .......... '~ deve!epment ,~*;,~* .... '~ leads to inc:woasod~mt~-. The costs resulting from the additional review time helps determine the tree cost of housing as such costs are added to the price of housing and ultimately passed on to the consumer. The processing required, however, is necessary to comply with the law and ensure proper and thorough review without compromising environmental quality or public safety. Priority processing is utilized to reduce the processing time for the development of affordable housing. Through coordination with the Community Development Department, the Planning Division will continue to prioritize projects that provide affordable housing. The Planning and Building Department is structured to specialize staff in the various facets of planning a project (Community Planning Section, Environmental Section, Development Processing Section, etc). This enables staff with the greatest expertise on a particular aspect (such as environmental a review, design review, or site plan review) to "fast track" their review. Sections also coordinate internally to concurrently process all applications related to a single project, and in the case of large, master planned developments, staff teams are specifically assigned to process each development. Specialized staff teams and inter-division coordination results in substantial savings of time in achieving complete project approval and the start of construction. PAGE 42 OF 118 CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 Affordable housing projects are extremely sensitive to processing and permit procedures that result in time delays. Such time delays in the processing of affordable housing projects lead to higher costs for the project and jeopardize available funding sources. When faced with high or increased development costs, these projects do not have the ability to pass costs on to the project due to their budget limitations and rent restrictions. Additionally, they are time sensitive due to the established deadlines for funding sources. Affordable housing developers strongly advocate the City to continue to utilize a fast track process for affordable housing. Federal and State Environmental Protection Regulations The CEQA (California Environmental Quality Act) requires environmental review for most proposed discretionary actions and for certain projects, review under NEPA (National Environmental Policy Act) is also required. The State and Federal Endangered Species Acts and the Clean Water Act can further affect project requirements, and in southern California, have largely brought about the Multiple Species Conservation Program (MSCP) which prescribes the assembly and management of large-scale habitat preserves to protect sensitive biological resources from the potential adverse affects of development. Chula Vista has a substantial amount of environmental constraints due to its natural resources, sensitive habitats and coastal location. Environmental reviews under the above noted regulations can directly affect the processing of projects and result in higher development costs. These costs are associated with the extent of required environmental evaluations and analysis, resulting mitigations, mandated public review periods, and the fees, timelines and requirements imposed by State and Federal agencies for the processing and granting of necessary permits. Costs resulting from the environmental review process are added to the cost of housing and are subsequently passed on to the consumer. However, the presence of these regulations helps to preserve the environment and ensure environmental safety and a better quality of life for residents. In order to minimize any delays, the City, whenever possible utilizes provisions within CEQA that allow for "tiering" of environmental reviews. This approach has been used for many of the residential master planned communities in the City's developing eastern area. The first tier review includes analysis of general issues and impacts associated with the overall development in a broader Environmental Impact Report (EIR). Subsequent tiers include analysis of narrower plans and projects within later EIRs and/or Negative Declarations, focusing only on the impacts of individual projects that implement the overall development plan. Therefore, projects within subsequent phases of the development may proceed without the need for substantial additional environmental review, which can lead to relatively faster processing of these individual projects. With further regard to the MSCP, while the set-aside of land for habitat preserves can affect the location and amount of land available for housing, Chula Vista's proposed preserve configuration is largely in keeping with open space areas already established in the City's current General Plan. As a result, the City's proposed MSCP Subarea Plan does not have a substantive affect on the availability and capacity of land planned for new housing. Although the costs associated with mitigating habitat loss and assembling the preserve lead to higher costs associated with development, the MSCP's comprehensive approach to establishing permissible CITY OF CHULA VISTA PAGE 43 OF 118 HOUSING ELEMENT 1999-2004 / :~ ~ :~ ¢ development areas in relation to required preserve areas will effectively reduce the uncertainty as to mitigation requirements and costs for future development, than would have otherwise existed without the MSCP. Infrastructure Costs Proposition 13, a voter initiative which limits increases in property taxes except when there is a transfer of ownership, may have increased the cost of housing. The stream of funds received fi.om increasing property taxes had been used as source for the financing of public infrastructure. Residential development cannot occur in the absence of supporting capital infrastructure such as streets, sidewalks, schools, parks, sewer, water, and electrical service. In. the aftermath of Proposition 13, municipalities have looked to other financing mechanisms to rinse funds to pay for the necessary infi.astmcture. Public financing of infi.astmcture has turned toward revenue, lease-obligation, and other bond sources. Additionally, under California law, cities and counties have the authority to require developers to pay for infrastructure improvement through fees, the dedication of land to public use, or the construction of public improvements. The use of development fees in place of public debt accelerated rapidly in the aftermath of Proposition 13~ To the extent that cities continue to raise development fees to recover the infi.astrucmre costs associated with growth, there is a risk that such costs will result in higher housing prices that reduce housing affordability. In effect, the initiative forced local gnvemments to pass on more of the costs of housing development to new home owners. The law also increased the initial cost of purchasing a home as future tax savings are imputed into the purchase price. Construction Defect Litigation With the cost of housing rising, there is a growing need to build more affordable, for-sale, single- family attached housing as a means to increase homeownership opportunities and affordable housing options. Construction defect litigation has served as a barrier to the production of this necessary rung in the housing ladder. California Civil Code provides that any construction defect action "may be brought against any person who develops real property or who is involved in the design and/or planning of the property". This provision, combined with the ten year statute of limitations, makes developers responsible for any defect that occurs, including ones that were not apparent at the time of construction. In the past decade, the expense of construction defect litigation and threat of litigation has resulted in a decrease in the number of new attached residential units being built (i.e., condominium, townhouse). From 1995 to 2000, numerous bills have been introduced to the State Legislature to address this issue. Construction defect litigation remains a barrier to the production of single-family attached housing. PAGE 44 OF 118 CITY OF CHULA VISTA / I-IOUS NG ELEMENT 999-2004 Non-Governmental Constraints A number of private sector factors contribute to the cost of housing. In 1998, for the" construction of a single-family home costing $215,400, construction materials and labor accounted for approximately 33 percent of the total development costs. Land and site improvement costs accounted for 37 percent of costs; developer overhead marketing and profit accounted for 14 percent; fees accounted for ten percent; and financing costs accounted for six percent. The following is a discussion of these factors and their impact on affordable housing development. Land Costs Residential land prices contribute significantly to the cost of new housing. Location factors such as proximity to fi'eeway access, public facilities, coastal views, and such intangible factors as image and quality of life contributes to demand and price of land. The cost of improving the land, grading and added infrastructure are also major contributors. Land zoned for higher densities command higher market nrices In 1998~ land costs in the San Diego region ranged from $65,000 to $230,000 per lot. l°~ ' Residential land costs in Chula Vista, on average, are currently $200,000/acre, with the specific dollar/unit ratio obviously dependent upon zoning location and infrastructure. In surveying recent land purchases for several proposed single-family developments in the City, the average per lot cost for the raw land was approximately $40,000. Improved land costs can vary widely depending upon the amount of improvements necessary including the amount of site grading to create buildable lots. As an example, a recently approved master planned project with 1,900+ units, has an estimated per unit site work cost of $22,500. Construction Costs Construction costs are the second highest component of new housing. Construction costs are the total costs to developers exclusive of profit, but including fees, materials, labor, and financing. In 1998, multi-family housing construction costs in Chula Vista average about $50 per square foot, excluding fees, land costs, and parking. Single-family home construction range from $50 to $70 per square foot. The current housing recovery has le/t the region with a labor shortage that is leading to higher labor costs, t~ ~°Source: Building Industry Association, 1998 "Source: Building Industry Association, 1998 CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 / ~_~ ~ PAGE 45 OF 118 Estimates used for the sample development pm-forma followed these cost assumptions: T.~nLE !! 2TABLE 24: COMPONENT COSTS IN MULTI-FAMILY ItOUSING New Construction Unit Price $105,000 Land $ 25,000 (24%) Hard Costs (improvements, COASt.) $ 60,000 (57%) Soft Costs (arch., eng., marketing, etc.) $ 20,000 (19%) Chula Vista also participates in three programs that use volunteer labor (sweat-equity): Habitat for Humanity, Caring Neighbors, and Christmas in October. These programs have assisted in creating new or conserving existing affordable housing. Availability of Financing In 1998, interest rates in the San Diego region had fallen to their lowest levels in 30 years. Finance costs comprised approximately six pement of the total construction cost for a single- family house, a decrease of one percent since 1990.~2 Interest rates also affect homeownership opportunities. In September of 1998, the posted interest rate on resale single-family homes was 6.34 percent on a 30-year, fixed-rate loan with a 20 percent down payment. On the median-priced home in San Diego County costing $199,000, the monthly interest and princip~.l payment would be $990. In April 1989 when interest rates peaked at 11.3 percent, the comparable monthly payment on a median-priced home costing $174,000 was $1,359. According to 1998 HMDA data analysis, multi-family lending was made available in every census tract in the City for the purposes of new construction and/or purchasing of existing housing complexes and home ownership. Citywide multi-family (5+ units) lending exceeded $18,088,000 on 37 loans, and $37,339,000 on 370 non-occupant loans. Homeownership mortgage lending exceeded $293,185,000 on 1,742 loans. Capital available for development of affordable housing includes: Redevelopment Set-Aside, Community Development Block Grant (CDBG), HOME funds, Federal and State Low-Income Housing Tax Credits, lending institutions' commitment under CRA, and Multi-family Revenue Bonds. ~ZSource: Building lndusUy Association, 1998 PAGE 46 OF 118 CITY OF CHULA VISTA ,,:,,~,. ~ HOUSING ELEMENT 1999-2004 III. EVALUATION This section analyzes the City's accomplishments during the 1991-1999 housing element cycle. -' This is done by evaluating the previous housing element, the City's success in meeting its goals, City progress towards meeting its Coastal Zone requirements, and fulfillment of the fair share housing goals. The evaluation is used to formulate goals and programs to be included in the 1999-2004 housing element. Evaluation of Previous Housing Element~ The 1991-1996 Chula Vista Housing Element contained a series of goals related to new construction, rehabilitation, preservation, and housing assistance. The following section reviews progress in implementing each of these action items. Effectiveness and Progress During the ~991-1999 planning period, Chula Vista has consistently provided a variety of new housing opportunities, both single and multiple family, in seeking to ach/eve a "balanced community." The City has approved several large master planned residential communities, each offering a wide range of residential densities, commercial services/employment, industrial employment, and recreational opportunities in a coordinated living environment. In order to ensure economic integration of neighborhoods, the City's Affordable Housing Policy requires these and other residential ttevelopments over 50 units to provide a minimum of ten percent of the units to low- and moderate-income households. Two sets of goals were set forth in the 1991-1996 Chula Vista Housing Element, both of which were generated by SANDAG. The first as shown in Table /II !-25 below is the SANDAG allocation of"Fair Share" of affordable housing needed. These were'~e goals used to determine if a jurisdiction is eligible to self-certify its 1999 Housing Element Update. Chula Vista had a Fair Share goal of 1,058 additional affordable housing opportunities and actually created 1,796. A listing of those 1,796 affordable housing opportunities created is provided in Appendix A to this document. Therefore, Chula Vista is eligible to self-certify its 1999 2004 Housing Element. - T-A'BIA3-HI4TABLE_25: CHULA VISTA 1991-1999 FAIR SHARE AFFORDABLE HOUSING GOALS AND PERFORMANCE 1999 Housing E!ement I 1991- · · - Affordable Housing Fair ~ . 1999 Affort~anle Shar~si~ _ ng Performance Totals I 1,058 CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 / ~,~ ~.-~, PAGE 47 OF 118 The second set of goals related to Regional Share of new home construction needs for all income groups. These goals are set forth in Table Ig-26 below. TABLE Ili-2 TABLE 26: REGIONAL SHARE COMPARED TO ACTUAL UNIT CONSTRUCTION 1991-1999 Very Low- Moderate- Above Total Description Income Low-Income Income Moderate Units Regional Share 1,232 628 131 335 2,326 Units Built 133 261 1,013 4,803 6,210 This table shows that the City made progress towards providing its overall fair share of new construction, but fell short in the very low- and Iow-income categories. However, this is partially mitigated by the significant number of low- and very low-housing opportunities created through rental assistance. This indicates that in the 1999-2004 housing element cycle, the City should seek additional ways to work cooperatively with for-profit and non-profit corporations to meet the new housing needs of lower-income households. Specific Progress Related to Housing Objectives The following evaluates housing performance by the specific objectives set forth in the 1991- 1996 Housing Element. OBJECTIVE 1 Achievement of a balanced residential community through integration of low- and moderate- income housing throughout the City, and the adequate dispersal of such housing to preclude establishment of specific low-income enclaves. Im_~p~ementin~ A. The Affordable Housing Program (AHP) requires a minimum of ten percent of each housing development of 50 or more units to be affordable to low- and moderate-income households, with at least one half of those units (five percent of project total units) being designated for low-income households. Responsible Agencies: Planning, Community Development Department, and Housing Advisory Committee. Quantified Objective: 437 newly constructed low-income units. Cumulative Results: 53 low-income units and 111 moderate-income units were constructed under the Affordable Housing Program. No in-lieu fees were collected. ~AGE 48 OF 118 CITY OF CHULA VISTA /.~ HOUSING ELEMENT 199%2004 ~TABLE 27: AFFORDABLE HOUSING POLICY Projects Low Income Moderate Income ~___ Goal ~ Goal ~ Goal 437 0 0 0 Cordova 0 40 0 0 Sanibelle 0 0 0 72 Cabo 0 13 0 39 Total 437 53 0 111 Production of housing under this objective is directly the result of new home (market rate) construction. The Objective set in 1991 of 437 assumed a level of market rate housing construction that did not materialize. OBJECTWE 2 The provision of adequate rental housing opportunities and assistance to households with low and very low incomes, including those with special needs such as the elderly, handicapped, single-parent households, and large families. Im_~_iementi~ A. Facilitate the Use of Federal Funding as Available. B. Facilitate the Use of State Funding as Available. C. Assist Non-profit Community Development Corporations. D. Encourage and Support Federally Assisted Housing Projects E. Support a Shared Housing Program F. Assist the County Housing Authority to Produce a Minimum of 80 Public Housing Units G. Encourage Use of the Density Bonus Program. H. Investigate Need for Single-Room Occupancy Hotels. Responsible Agencies: Planning Department, Community Development Department, and City Attomey. CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 PAGE 49 OF 118 Quantified Objectives and Cumulative Results: I TA8LE !!! qTABLE 28: NEW RENTAL HOUSING OPPORTUNITIES Description I Objectives I Units Achieved ] Differeuce New Construction - Objective 2 Public Housing 80 38 (42) ] Senior Housing 75 75 0 i Non-Profit Housing 69 18 (51) Density Bonus 63 3 (60) Senior Density Bonus 50 0 ! (50) Relocation Housing 100 28 (72) Subtotal 437 162 (275) Rental Assistance - Objective 2 New Section 8 (Certificates & Vouchers) 200 693 493 Shared Housing Program 300 243 (57) Subtotal 500 936 436 Total 937 1,098 161 From 1991-1999, the City continued to work cooperatively with non-profit corporations and other governmental agencies to leverage resources to create rental housing opportunities, and in many cases housing for large families. The funding sources for new construction included tax credits and HOME. Working with the County Housing Authority and the Article 34 referendum authority (granted by voters in 1978), 38 family-sized public housing units were built. Section 8 rental assistance created the most affordable housing opportunities during this period. The City also assisted non-profit corporations such as South Bay Community Services (SBCS) with grants for capacity building as well as gap financing. Community Development Block Grant (CDBG) funds were also used for shared housing services provided by the Lutheran Social Services. Three additional rental housing projects are underway and will be completed during the 1999- 2004 housing element cycle. PAGE 50 OF 118 CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 OBJECTIVE 3 The broadening of available housing types and the increase of home ownership opportunities for low- and moderate-income households. Implementing Actions A Expand Home Ownership Opportunities through the Affordable Housing Program B. Distribute General Marketing and Home-Loan Information to the Public C. Institute First-Time Home Buyer Loan Programs D. Implement Community Reinvestment Home Loan Programs E. Explore Equity Share or Deferred Loan Programs F. Explore Participation in Sweat-Equity Projects G. Inform seniors of the Reverse Annuity Mortgage Program H. Investigate Feasibility of Applying for Mortgage Credit Certificates I. Pursue Additional T~x-Exempt Single Family Mortgage Revenue Bonds J. Encourage Educational Programs for Homeowners Responsible Agencies: Community Development Quantified Objective: There were no quantified objectives. Cumulative Results: The City was successful in its application for an allocation of Mortgage Credit Certificates (MCC) and initiated the MCC program in September 1991 and issued the first certificate in December 1991. During the planning period, the City has issued 206 MCCs, with approximately 45 percent for low-income households. A sweat-equity approach was achieved through the City's financial participation in a Habitat for Humanity project in Chula Vista. The City provided funds for rehabilitation costs. Working with a private developer, the City explored the need for Single Room Occupancy hotels and discovered a limited market and no continuing interest by the for-profit or non-profit community to build. This experience also reconfirmed the priority needed for family housing, especially large families. CITY OF CHULA VISTA PAGE 51 OF 118 HOUSING ELEMENT 1999-2004 / ~ ~ ~ The City did not implement any specific homeowner education program or information distribution on the Reverse Annuity Mortgage. These programs, although generally good ideas, never rose high enough on the pfiority list and if implemented would not have resulted in new housing opportunities. OBJECTIVE 4 Preservation ofmobilehome park living as a source of affordable housing. Im_~plementin_g Actions A. Continue to provide grants to low-income families to rehabilitate their mobile homes through the Mobile Home Rehabilitation Grant Program Trailer/Mobilehome CI-~ Program). B. Explore upgrading trailer parks to allow conversion to excluswe mobilehome park zones. C. Monitor and enforce the City's Rent Arbitration Ordinance to protect the rights of mobilehome residents in preserving this affordable housing alternative. To provide financial assistance to low-income residents requesting arbitration through the Rent Arbitration Assistance Fund. D. Monitor and enforce the City's Mobilehome/Trailer Park Conversion Ordinance to protect the rights of inobilehome residents. E. Assist mobilehome park residents to purchase their parks and convert to resident ownership by operating the City's Mobilehome Assistance Program and assisting with the application for other funding sources such as the State Mobilehome Assistance Program. F. Promote participation by referring eligible residents to the San Diego County Mobilehome Rent Assistance Program. G. Identify new programs in cooperation with the Western Mobilehome Park Owners Association to preserve the affordability ofmobilehome park residency. Responsible Agencies: Community Development Department, City Attorney, Planning Department, Building and Housing Department, and Mobilehome Issues Committee Quantified Objective: There were no quantified objectives. Cumulative Results: The City provided rehabilitation assistance to 287 low-income single-family and mobilehome owners. PAGE 52 OF 118 CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 The City revised the rent arbitration ordinance to simplify the process, eliminate the fee and generally make it more user friendly. Implementing the ordinance is on~going and two to three cases of contested rent increases are heard each year. ' The Mobilehome/Trailer Park Conversion Ordinance has been triggered only once since 1991. The Twin Palms Mobile Home Park requested conversion. After hearings and analysis, closure of the Park was approved by the City Council. ~OBJECTIVE 5 The systematic renewal, rehabilitation, conservation, and improvement of the residential neighborhoods of the Chula Vista Planning Area. Im_~_plement~ A. Preserve At-Risk Affordable Housing Units B. Implement a Pro-active Neighborhood Improvement Program. C. Implement the Multi-Family Housing Inspection Program D. Removal of Dilapidated Structures E.. Implement Rehabildation Programs F. Implement the Neighborhood Revitalization Program (NRP) G. Continue to Regulate Condominium and Stock Cooperative Conversions To Protect Existing Residents H. Encourage Educational Programs for Homeowners Responsible Agencies: Community Development Department and Planning and Building Department. CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 ~> ~ PAGE 53 OF 118 Quantified Objectives and Cumulative Results: T~iILE4II~TABLE 29: HOUSING REHABILITATION Deseri ,tion I Objectives I Unit aehievedI Differenee Rehabilitation & Conservation Objective 5 At-Risk Units 528 300 (228) Single Family & Mobilehome Rehabilitation 200 213 13 Rental Rehabilitation 65 -0- (65) Total 793 513 (280) From 1990 to 1993 the City's Neighborhood Revitalization Program was implemented in the Otay neighborhood of Castle Park. CDBG funds were used to improve and enhance the area through various community design elements, upgrading infrastructure, and rehabilitation of homes. There were no proposals to convert apartments to condominiums or cooperatives. The City's Multi-family Housing Inspection program continues to be implemented. All multi- family housing in the City is inspected approximately every three years for conformance to minimum housing standards as established by State Law. The program accounts for 554 properties that include over 15,400 dwelling units. An additional 26 hotel/motel properties with over 1,600 units are inspected as well. Om'ECT~V~ 6 To provide housing assistance to individuals and families who are homeless and enable them to move back into permanent housing. Implementing Actions A. Participate in a Regional Approach to Address Homelessness B. Facilitate Transitional Housing Programs C. Identify Non-profit Providers to Operate Emergency Shelter Programs D. Support Existing Services for the Homeless Responsible Agencies: Community Development Department and Non-Profit Social Service Providers Quantified Objeetlves: New construction or rehabilitation of 20 units of transitional housing for very low-income homeless persons. PAGE 54 OF 118 CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 Cumulative Results: The City's Redevelopment Agency provided Redevelopment Low- and Moderate-Income Housing Set-aside Funds to assist South Bay Community Services (SBCS) to acquire various properties for transitional housing programs. Casa Nueva Vida is a short-term housing development program for 25 homeless families. Additionally, Redevelopment funds and HOME funds were also provided to SBCS for two units of*p+4Xunits of transig for persons fleeing from domestic violence. The City has participated in regional approaches to addressing the needs of the homeless population. The City is represented on the San Diego County Regional Emergency and Shelter Program (FEMA) and the San Diego County Regional Continuum of Care Advisory Council. The City has provided financial assistance to the County of San Diego's Cold Weather Hotel/Motel Voucher Program since the implementation of the program in 1997. OBJECTIVE.7 Ensure the successful implementation of housing policies and programs through effective coordination, monitoring, and evaluation. Implementing Actions A. Review and Revise ^ffordable Housing Standards B. Implement an On-going Monitoring and Evaluation Program C. Establish an Affordable Housing Quality of Life Threshold Standard Responsible Agencies: Community Development, Planning and Building Department, and Housing Advisory Committee Quantified Objectives: N/A Cumulative Results: The City's Housing Advisory Committee continues to be involved with the implementation of housing policy through housing project review. The City Council becomes involved with the annual review of the Consolidated plan and periodic review of housing element implementation ' progress. Staff works with developers to implement the Affordable Housing Program, which is integral to the approval process of new developments with 50 or more units (ten percent of the units must be affordable). CITY OF CHULA VISTA PAGE 55 OF 118 HOUSING ELEMENT 1999-2004 / ,~ OBJECTIVE 8 The elimination of racial, age, religious, sexual, and economic bias and discrimination in the housing provision, and to ensure fair lending practices. I.mplementing Actions A. Continue Fair Housing Counseling Services and Referral Activities B. Conduct the Annual Fair Housing Assessment C. Require Developers of Housing Projects (20 units or more) to Submit Affirmative Fair Marketing Plans Responsible Agencies: Community Development Department Quantified Objectives: N/A Cumulative Results: The City helps fund the Fair Housing Council of San Diego. This organization responds to questions about landlord/tenant issues. In July 1995, Community Development Department staff and the Fair Housing Council of San Diego compiled data for the Assessment of Impediments to Fair Housihg Choice in the City of Chula Vista report. Additionally, the City contracts with the Fair Housing Council of San Diego to provide a fair housing education and counseling program through the City's Community Development Block Grant (CDBG) Program. The annual report for the 5-year Consolidated Plan includes information on fair housing and developers are required to submit affirmative marketing plans for their projects with more than 20 units. O~mCTIV~ 9 Reduction and/or removal to the greatest extent possible of identified constraints to the development, maintenance, and improvement of housing within the planning area. Implementing Actions A. Expedite the Processing of Affordable Housing Projects B. Designate an Affordable Housing Ombudsman C. Establish specific procedures for evaluating requests for subsidies involving fees, land write downs, and other forms of City assistance. PAGE 56 OF 118 CITY OF CHULA VISTA ~ HOUSING ELEMENT 1999-2004 D. Encourage demonstration or experimental housing projects which reduce building costs and increase affordability E. Consider the impacts to affordable housing which may result from rezonings involved with the General Plan/Zoning Consistency Study. F. Continue to encourage the use of flexible development standards through the Planned Community (PC) Zone and Precise Plan (P) Modifying District, where such are clearly identified with increased availability of affordable housing. G. Designate staff and develop resources to assist developers in availing themselves of alternative and supplemental financial assistance. Responsible Agencies: Community Development Department and Planning and Building Department Quantified Objectives: N/A Cumulative Results: Chula Vista departments work cooperatively to expedite project review and approval. The City does not typically experience complaints about project processing delays. The City's Housing Divigion staff work cooperatively with those developers providing affordable housing within the community. They review all affordable housing project proposals and provide technical assistance when required. Should financial assistance be requested, the Coordinator reviews such requests and presents recommendations to the City Council and/or Agency. Housing Division staff serves as City liaison for affordable housing projects and coordinates with other City departments to resolve any issues that may arise. OBJECTD~E 10 To encourage the development of new housing, and the retrofitting of existing housing, with features to address environmental issues such as energy and water conservation and recycling. Im~_plementing Actions A. Encourage energy and water conservation features and recycling storage areas in new housing in conjunction with the City's existing policy for the "Conservation of Energy and Water" within the City of Chula Vista. B. Continue to encourage the weatherization programs for low-income households currently sponsored by the MAAC project. CiTY OF CHULA VISTA PAGE 57 OF 118 HOUSING ELEMENT 1999-2004 C. Continue to require the installation of dual-piping systems in new projects to accommodate the use of reclaimed water for landscaping and other applications as feasible. D. Continue to require the submission of a "water management plan" and "air quality improvement plan" for large development projects at the Sectional Planning Area (SPA) Plan stage or similar level of review. E. Title 24 Compliance Review - The Planning and Building Depathnent will continue to perform residential Title 24 energy analysis as part of building plan check procedures. Responsible Agency: Planning and Building Department, and Community Development Department Quantified Objectives: N/A Cumulative Results: A consultant is currently employed by the City to develop a Water Conservation Plan. The City has also received an EPA Grant for $80,000 to create a program to assist and promote energy conservation as well as CO2 reduction. Another consultant is exploring the feasibility of greywater recycling within homes for use in yards. Om-ECTIVE 11 To fully address specific housing issues as they affect our community and to enforce applicable laws and ordinances. Implementing Actions A. The City will Encourage a Balance of Housing to Jobs B. Investigate the Need or Appropriateness of a Housing Linkage Fee C. Protect Coastal Zone Housing - Implement the Housing Demolition Rules and the Ten Percent Affordable Housing Requirement D. Provide Relocation Assistance as Required by Law Responsible Agencies: Community Development Depaxtment and Planning and Building Department Quantified Objectives: N/A PAGE 58 OF 118 {EiT¥ OF CHULA VISTA HOUSING ELEMENT 199%2004 Cumulative Results: As demonstrated in the section on needs, the City has substantial land zoned for employment growth and works with private developers to integrate employment opportunities within Master Planned Communities. The City's Affordable Housing Program has effectively integrated low and moderate income homes into newly developing areas. From 1991-1999, no homes within the coastal zone were demolished and therefore, there were no replacement requirements. O~cnv~ 12 To provide and maintain adequate public improvements, facilities, and services to support residential growth in a manner consistent with the Growth Management Element and Program. Implementing Actions A. Five-Year Capital Improvement Program (CIP) - The City will continue to implement the on-going CIP program. B. Implement the 20-ye.ar Neighborhood Revitalization Program C. Continue to Require Public Facilities Financing Plans for All Master Planned Communities and Other Facility Financing Methods D. Continue Maintenance of Public Improvements and Facilities Responsible Agencies: Engineering and Public Works Department, Planning and Building Department, and Community Development Department Quantified Objectives: N/A Cumulative Results: The City continued to update and implement its Capital Improvement Program (CIP). The vast majority &the funds must be used on specific kinds of improvements. For example, Transnet or Gas Tax Funds must go to specified types of transportation improvements. The City's CIP also includes the expenditure of development impact fees generated in conjunction with the public facilities financing plans. To date, the CIP expenditures have effectively enabled the City to invest in the infi'astructure needed to support housing growth. C,T OF CAUL* V ST* PaGE 59 OF m HOUSING ELEMENT 1999-2004 / 3 ~ V 0 EVALUATION OF PROGRESS TOWARDS MEETING COASTAL ZONE REQUIREMENT Section 65588 of the California Government Code requires that, in housing element updates, coastal jurisdictions document the number of low- and moderate-income units converted or -' demolished, and the number of replacement units provided. Section 65588 also requires that revisions of the housing element must include, for the coastal zone: A. Number of new units approved for construction after January 1, 1982. B. Number of units for low- and moderate-income households required to be provided either within the coastal zone or withha three miles of it. C. Number of units occupied by low- and moderate-income households and authorized to be demolished or converted since January 1, 1982. D. Number of units for low- and moderate-income households required either within the coaSta! zone or within three miles in order to replace those being demolished or converted. The coastal zone includes a portion of the Montgomery area that was annexed into the City in 1985. Information is not available for units either demolished or constructed in this area prior to 1985. The following information was obtained from City records: 1982-1999 A. New construction: 0 new units B. New low- and moderate-income housing: 0 approved C. Demolished/converted low- and moderate-income housing: 5 D. Replacement low/moderate-income housing: 40 Figure 2 shows the Coastal Zone in Chula Vista. PAGE 60 OF 118 CITY OF CHI/LA VISTA ~f / HOUSING ELEMENT 1999-2004 HGURE 2: COAST~ ZONE CITY OF CHULA VISTA PAGE 61 OF 118 HOUSING 'ELEMENT 1999-2004 This page is intentionally blank. PAGE 62 OF 118 CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 EVALUATION OF PROGRESS TOWARDS SELF-CERTIFICATION REQUiREMEN~i.,,; State Legislation (AB 1715) creates the opportunity for jurisdictions within the San Diego region to self-certify their updated Housing Element. The specific criteria listed below must be met in order to self-certify the Housing Element in 1999. Information documenting how the City of Chula Vista complied with each criterion is also included. The Housing Element self-certification criteria as set forth in AB 1715 (Section 65585.1 of the Government Code) are: Criterion 1: The jurisdiction's adopted Housing Element or amendment substantially complies with the provisions of this article, including addressing thc needs of all income levels. Chula Vista contracted with MacLeod Consulting Services who worked closely with City staffto update the City's Housing Element. This process will be complete when the Chula Vista City Council adopts the 1999-2004 Housing Element and passes a resolution self-certifying this updated Housing Element. The draft Housing Element addresses the needs of all income levels. Criterion 2: For the third Housing Element revision pursuant to Section 65588, the jurisdiction met its fair share of the regional housing needs for the second Housing Element revision cycle, as determined by SANDAG. Chula Vista complied with' this criterion by creating 1,796 qualifying housing opportunities, which far exceeds the assigned fair share goal of 1,058. .Criterion 3: For subsequent housing element revisions, the jurisdiction has provided the maximum number of housing units/opportunities as determ'ined pursuant to Section 65585.1 (a) within the previous planning period. Chula Vista will attempt to self-certify its housing element due in 2004. To do this, the City will need to provide an additional 1,029 affordable housing opportunities as follows: 278 extremely low-income, 329 very low-income, and 422 low~income housing opportunities. _Criterion 4: The City or County provides a statement regarding how its adopted Housing Element or amendment addresses the dispersion of lower-income housing within its jurisdiction, documenting that additional affordable housing opportunities will be developed in areas where concentrations of lower-income households do not exist, taking into account the availability of necessary public facilities and infi~astructure. It is a policy of the City of Chula Vista to ensure that lower-income housing opportunities are dispersed throughout the City. This commitment is also accomplished through the Affordable Housing Program which requires five percent of the units in projects with more than 50 units to be affordable to low-income households and five percent to moderate-income households. CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 / ';~ ' ~/4 PAGE 63 OF 118 Criterion 5: No local govemment actions or policies prevent the development of the identified sites or accommodation of the jurisdiction's share of the total regional housing need pursuant to Section 65584. The 1999~2004 Housing Element specifically provides adequate sites, removes governmental constraints, and promotes equal housing opportunities. PAGE 64 OF 118 CITY OF CHULA VISTA ~,, ~ HOUSING ELEMENT 1999-2004 IV. HOUSING OPPORTUNITIES This section evaluates the potential residential development that could occur based on Chula -. Vista's General Plan and Zoning Ordinance. AVAILABILITY OF SUITABLE SITES Housing element law mandates that a city must show that it has adequate sites with required public services and facilities for a variety of housing types for all income levels. In this section, adequate sites will be discussed in terms of the City's Regional Share Goals for 1999-2004 as established by SANDAG. Regional Share Goals According to state law, a local judsdiction's housing needs must include their share of the projected needs for housing in the region (regional share). The San Diego Association of Govemments-(SANDAG) has identified Chula Vista's share of regional housing needs for 1999- 2004. The figures are contained in the Regional Housing Needs Statement adopted in 1999. Each jurisdiction must identify the sites (capacity) to meet their share of the region's housing needs. The regional share identifies the need for new housing units for each jurisdiction and distributes the projected housing need to all income groups: very low, low, moderate, and above moderate. Table !V !3__Q0 shows Chula Vista's regional share goal and the income distribution of the goal. I Chula Vista accounts for nearly I 1 percent of the region's projected housing needs or 10,401 units. TABLE !V 1TABLE 30: REGIONAL SHARE - 1999 - 2004 CHULA VISTA Income Category I Housing Goal Very Low Income (<50% Area Median Income) 1,889 Low Income (50-80% Area Median Income) 1,535 Moderate Income (80-120% Area Median Income) 2,388 Above Moderate Income 4,589 Total 10,401 Source: SANDAG Ci'r¥ OF CHULA VISTA PAGE 65 OF 118 HOUSING ELEMENT 1999-2004 Residential Land Besides the existing housing supply, another source of housin~ is the future housing potential expressed in vacant, residentially-designated land within the City. Most of the vacant land J.,; located in eastern Chula Vista and ~vill be developed under the "Planned Community (PC) Zone", which permits varied densities and the use of flexible development standards. Given the amount of developable vacant land within :lethe master planned projects in l~eastem Chula Vista (Figure 36_) and the land use designations otrthat land, there is sufficient vacant land to accommodate i~28,569 homes in a wide range of housing densities. Of these units, 41 percent will be high density multi-family (Medium High at 11 to 18 units/acre ~ High at 18 to 27 units/acre). Another 11 percent will be in the 6 to 11 units/acre range which typically generates patio homes/townhomes. The remaining 48 percent are at densities for single-family homes (Low at 0 to 3 traits/acre and Low Medium at 3 to 6 units/acre). Thi~ capaei~, is mere than v.:';.ce the regiena! share 2!!ecat!en te ~Ze City. Refer to Table 32IV..2. Figure 4 shows the annual change in the number of housing units by tyre (single family and multi-family) in Chula Vista in past years, and presents the current forecast through 2007. This figure illustrates a dramatic increase in the number of new dwelling units, particularly in the past two years, and substantial growth in the number of multi-family units over the past year. This high level of new housing production with a large multi-family component is forecast to continue over the time frame cited. Figure 5 shows housing permits in the City of Chula Vista in comparison to San Diego County as a whole, and demonstrates the City's expanding role in meeting regional housing needs. The City of Chula Vista has a jobs/housing ratio that is significantly lower than that of the region. Alternatively stated~ Chula Vista has more housing units per job than most other local .jurisdictions and the region as a whole, further underscoring the City's critical role in meeting regional housing needs. Table 31 and Figure 3 below illustrate this relationship. TABLE 31: HOUSING UNITS PER JOB Year ChulaVista Region 1995 1.18 0.92 '2005 1.05 0.81 2010 1.10 0.85 2020 1.10 0.86 PAGE 66 OF 118 CITY OF CHULA VISTA '" :~ HOUSING ELEMENT 1999-2004 FIGURE 3: HOUSING UNITS PER JOB Source: San' Diego Association of Governments. September-October, 19 ' " 99. 2020 C~t es/County Forecast for the San Diego Region." INFO. CITY OF CHU'LA VISTA PAGE 67 OF 118 x-IOt~SiNG EL'~E~T~99~-200~ / ~ V ~ } T-ABLE-tXL4TABLE 32: RESIDENTIAL CONSTRUCTION CAPACITY EASTERN CHULA VISTA MASTER PLANNED PROJECTS Low Low Med Med Med High High Project 0-3 3-6 6-11 11-18 18-27+ Totals du/ac du/ac du/ac du/ac du/ac Rancho Del Rey SPA I 17 17 SPA II 116 116 SPA III 246 154 400 EastLake Greens 41 66 129 1,031 1,267 Trails 88 487 274 294 1,143 Woods & Vistas 746 255 260 506 1,767 Otay Ranch (Otay Valley Parcel) SPA 1 (Villages 1, 1 West, & 5) The Otay Ranch Company 1,597 704 1,402 3,703 McMill_ian 539 940 1,479 The Otay Ranch Co. (1West) 772 214 772 Village 2 1,133 586 1,719 Village 4 329 203 532 Village 6 990 1,242 2,232 Village 7 1,303 448 1,751 Village 8 1,021 436 1,457 Village 11 745 1,001 1,746 Village 12 (EUC) 2,500 2,500 Otay Ranch (Proctor Valley Parcel) Birch Patrick Estates 123 123 San Miguel Ranch 157 673 435 129 1,394 Vista Mother Miguel 43 43 Sunbow II 720 241 444 214 1,619 Rolling Hills Ranch (Salt Creek) 675 1,045 529 2,249 Bonita Meadows 250 250 Bella Lago 290 290 Totals 2,832 11,105 3,031 6,251 5,350 28,569 Sources: General [')evelc~nmont ~l~ne a~,A ........ a on a - ~s_: '~ . ~ Pt As Major Pro :cts Devel~ ~ment Status Report, August 16, 1999 PAGE 70 OF 118 CITY OF CHULA VISTA / ~ HOUSING ELEMENT 1999-2004 0 ~ &luno~) Jo lueoJed sV ~: ,-- ~ PO~l!uJJed sesnoH FIGURE 6: MASTER PLANNED COMMUNITIES I CITY OF CHULA VISTA PAGE 71 OF 118 HOUSING ELEMENT 1999-2004 Residential development capacity also exists in the older, ta gg~estern area of Chula Vista. In contrast to eastern Chula Vista, much of this capacity exists on m~derutilized parcels as discussed below, although there are ch!'.,' about 84 acres of vacant land with a capacity of 519 units. Of these vacant lands, 90 percent are at densities for single-family homes (predominantly Logy Medium at 3 to 6 units/acre). Total capacity City wide for new housing developed on vacant lands is approximately 29,088 units, with 40 percent of the units or 11,738 units anticipated at the higher density ranges to accommodate high density multifamily housing. Approximately 14,305 units are anticipated at the Low and Low Medium density ranges to accommodate single family homes. The remaining 3,044 units are at the Medium density range of 6 to 11 units/acre. This capacity for residential development on vacant lands is more than twice Chula Vista's regional share allocation of 10,401 units for the 1999-2004 housing cycle. The number of potential housing units can be further augmented through the development of underutilized properties. An underutilized residential area can be defined as an area that was developed at a lower residential density than could be accommodated with the existing public facilities, inPraStmcture, and allowable density maximums (zoning). These underutilized residential areas are pr/madly located within western Chula Vista, where they were developed with single family residences or lower density multifamily. Underutilized land has a capacity of another 1,097 units for a total of 1,616 units. Most of this capacity (1,109 potential units) is on land designated for high density development (18 to 27 du/acre). Long term residency and continuation of older single family homes as rental properties contributes to the undenttilization of the property. In these older areas of the City, there are many multifamily properties that are either owned by a family trust or by an absentee owner with no immediate plans for development. Historically, on average, the City has exper/enced residential construction levels of 25 units per year in western Chula Vista since 1980. I TABnLE !V 3TABLE 33: 'RESIDENTIAL CONSTRUCTION CAPACITY WESTERN CHULA VISTA VACANT AND UNDERUTILIZED LAND Vacant Underutilized Total General Plan Designation Acres I Potential Units Potential Units Potential I Units Low (0-3 du/ac) 15.19 37 8 45 Low Med (3-6 du/ac) 60.41 331 111 442 Medium (6-11 du/ac) 3.15 13 0 13 Medium High ( 11 - 18 du/ac) 0 0 7 7 High ( 18-27 du/ac) 5.14 138 971 1,109 Total 83.89 519 1,097 1,616 PAGE 72 OF 118 CITY OF CHULA VISTA / ~ HOUSING ELEMENT 1999-2004 Density designations often have a relationship to the cost of housing or the feasibility of using gap financing to make units affordable~ Table 34W 4 correlates the City's capacity to provide potential residential units on vacant and underu~-lized property (Up~t Potential Units), Density and Regional Share by income level. _, TABLE !V ~.TABLE 34: REGIONAL SItARE AND UNIT POTENTIAL IN CItULA VISTA Units Needed Un-~t Income Level Regional Share Appropriate Density Potential Units High (>=18 to 27 6,7556,45 Very Low- and Low- Income 3,424 du_s/ac}-- 9 Moderate-Income 2,388 Medium High (1 lt_.o-18i 6,~.©56,25 dus/ac) 8 Medium (6to I l dus/ac) 3,044 Above Moderate-Income 4,589 AnyLow Medium (3 to !8,!d~.l 1, 6 dus/ac) 547 Low (0 to 3 dus/ac) 2.877 Total 10,401 ~:~ w.~.~;~ ~.,..~ .-~;:.:.~3!,~0430, Non-Residential Land There are several non-residential zones within the City that allow for some form of housing development, as identified in Table 21. These zones, namely, Administrative and Professional Office (C-O), Central Business (C-B), and Central Commercial (C-C) have the greatest potential for future residential development. The C-O zone allows for multifamily residential development. Both the C-B' and C-C zones allow for multifamily residential development coniunction with commercial uses in a mixed-use setting. Residential development in these areas would further bolster the potential for accommodating new dwelling units in the City of Chula Vista. The Chula Vista City Council has also adopted a Resolution of Support for the San Diegu Association of Governments (SANDAG) REGION2020 Growth Management Strategy and smart growth principles. In this resolution, the City expressed its commitment, through oagoing General Plan Update and other related efforts, to evaluate and promote land distribution concepts and smart growth opportunities supportive of the regional growth management strategy. The City of Chula Vista is also providing funding for and is actively participating in a joinl South Bay "Transit First" program being conducted with the Metropolitan Transit Development Board. This effort will produce a transit plan and identify transit projects in Chula Vista and the South San Diego Bay area. The City's General Plan Update will integrate smart growth land use vis . OF distribution concepts and opportunities, where feasible, including higher residential densities and employment intensities and mixed use .areas, with the network of transit stations and corridors identified through the South Bay Transit First program. Availability of P~iblic Services and Facilities ................. ~ .... ~* ............................. acs _._ finan:ing mec~m-,iems to ...................................................... o .......... previous noted in Section II, the City has been implementing and refining a comprehensive and successful .growth management program since 1986. The program's main purpose is to support development while maintaining the community's quality-of-life by ensuring appropriate provision of eleven different public facilities and services as development occurs. Level-of-service Threshold Standards have been established for each of the eleven facilities and services and are analyzed as part of thc development review process. The City uses a number of different mechanisms to ensure funding to support required facilities and services including Development Impact Fee Programs (DIFs) for transportation and public facilities, community facilities districts (CFDs), and development exactions. Larger new master planned proiects (mainly in the developing eastern Chula Vista area) are required to prepare a Public Facilities Financing Plan (PFFP) to identi[y facility and service needs in accordance with the development's proposed phasing~ and the funding mechanisms to ensure they will be available when needed. In the older, built-up western area of the City, most of the backbone facilities and services necessary to support the infill and redevelopment capacities of adopted plans are largely in place today. In addition to PFFPs~ and as a way of monitoring and evaluating citywide facilit~ and service availability~ the City's Growth Management Oversight Commission (GMOC) conducts an annual compliance review for each of the eleven Threshold Standards. In the event that any deficiency or concern is identified, action oriented recommendations are made. Ihe City also uses the annual GMOC process as a planning tool for the City's Capital Improvement Pro.gram. Opportunities for Energy Conservation The pr/mary uses of energy in urban areas are for transportation lighting, water heating, and space heating/cooling. The high energy costs are an impetus to reduce or minimize the overall level of urban energy consumption. Title 24, Building Energy Standards for Residential Development, establishes energy budgets or maximum energy use levels. The standards of Title 24 supercede local regulations, and State requirements mandate Title 24 requirements though implementation by local jurisdictions. The City will continue strict enforcement of local and state energy regulations for new residential construction, and continue providing residents with information'on energy efficiency. As previously described the City is also using consultant assistance to create a program to reduce energy consumption and achieve other conservation goals. PAGE 74 OF 118 CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 REDEVELOPMENT HOUSING OBLIGATIONS Legislative Framework State Redevelopment Law provides thc mechanism whereby cities and counties within the State can, through adoption of an ordinance, establish a redevelopment agency. The agency's primary purpose is to provide the legal and financial mechanism necessary to address blighting conditions in the community through the formation of redevelopment project areas. State Redevelopment Law also requires the redevelopment agency to address housing issues for low- and moderate-income residents in the following ways: · Expend 20 percent of the tax increment revenue to increase and improve the supply of low- and moderate- income housing; · Replace low- and moderate-income housing which is destroyed as a result of a redevelopment project (replacement housing obligation); and · Ensure that a portion of all housing constructed or substantially rehabilitated in a redevelopment project area be affordable to low- and moderate-income housings (inclusionary housing obligatinn). Redevelopment in Chula .Vista The Chula Vista Redevelopment Agency was activated in 1974 with the adoption of the Bayfront Redevelopment Area. Since its formation, the Agency has adopted five redevelopment plans in the City (as shown on Figure 4): · Bayfront (1974) · Town Centre I (1976) · Town Centre II (1978) · Otay Valley Road (1983) · Southwest (1990) CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 ~ PAGE 75 OF 118 Redevelopment Housing Set-Aside Pursuant to State Law, the Redevelopment Agency has established a Redevelopment Housing Set-Aside Fund using 20 percent of the tax increment revenue. As part of the Agency's efforts to meet its unmct housing needs, these funds have been and will continue to be used to create affordable housing units. According to the Five-Year Redevelopment Implementation Plan for 2000-2005, the Agency estimates thc following yearly tax increment to be deposited by thc Agency by project area. TABLE 35T~%~LE D.7 5: LOW/MODERATE-HOUSING FUNDS AVAILABLE SEPTEMBER 1999 Low- and Moderate-Income 1999- 2000-2001 2001- 2002- 2003- TOTAL Housing F~und - 2000 2002 2003 2004 Starting Balance of $4,942,300 Total Annual Deposits (20% TI deposits by project area) BF/TCI 589,058 612,246 636,393 661,018 686,151 3,184,866 OTVR 232,339 239,309 246,488 253,883 261,499 1,233,518 ' TCI 211,453 217,797 224,331 231,061 237,992 1,122,634 SW 173,623 178,832 184,197 189,723 195,415 921,790 Interest & Other Income 326,000 328,760 331,548 334,365 337,209 1,657,882 TotaI Revenue 1,532,473 1,576,943 1,622,957 1,670,050 1,718,266 8,120,690 The total revenues to be deposited over the five-year period are estimated at $8,120,700. The beginning balance in the low- and moderate~income housing fund as of July 1, 1999 was approximately $4,942,300. Therefore, the estimated amount of tax increment housing set-aside projected to be available over the five-year period for the development and assistance of affordable housing projects is $13,063,000. Based on existing programs and pro-forma cost projections for new and rehabilitated units, up to 725 additional units, could be created through the leveraging of Redevelopment Housing Set- Aside Funds over the five-year period. Funds are allocated among newly constructed and rehabilitated units as follows: 700 new-housing units; and 25 substantially rehabilitated housing units. The Agency anticipates assisting 60 Iow-income homeowners each year with the minor rehabilitation of their homes through the Community Housing Improvement Program (CHIP). PAGE 76 OF 118 CITY OF CHULA VISTA ~ 7 HOUSING ELEMENT 1999 / -2004 TA-EULE IV 6TABLE 36: ANNUAL HOUSING UNIT PRODUCTION REDEVELOPMENT SET-ASIDE FUNDS PriceRestrictedHousingProduction 1200012001 2002 2003[2004 FiveYearTotal Housing Units to be developed 140 140 140 140 140 700 Housing Units to be substantially rehabilitated 5 5 5 5 5 25 Total housing units to be price restricted (acquisition of price restriction covenants for existing housing) 145 145 145 145 145 725 Housing Units to be otherwise assisted by the Agency (non-restricted) 60 60 60 60 60 300 Replacement Requirements Section 33413(a) of the Califomia Health and Safety Code requires that whenever units housing persons of low- and moderate-incomes are destroyed or removed fxom the low- and moderate- income housing market as part of a redevelopment project, the Agency shall within four years of the destruction or removal of such housing, rehabilitate, develop or construct for rental or sale, to persons of low- and moderate-income, an equal number of replacement units. At least 75 percent of these replacement units must be made available at an affordable housing cost for the same income level as the household that was displaced. Since the inception of redevelopment in Chula Vista, the Agency has incurred an obligation to replace 157 units that were demolished as a result of redevelopment activities in the various project areas. To fulfill this obligation, the Agency provided financial assistance to several residential developments throughout the City, resulting in the construction of 258 very low- and low-income housing units. Of the 258 units, 192 are for very low-income households and 66 are for lowqncome households. Ci'r¥ OF CHULA VISTA PAGE 77 OF 118 HOUSING ELEMENT 1999-2004 j FIGURE 7: REDEVELOPMENT PROJECT AREAS PAGE 78 OF 118CITY OF CHULA VISTA /:~ ~? .o~ ~m~ ~-~oo. Affordable Housing Production (Inchisionary) Requirements Section 33413Co) (1) and (2) of the California Health and Safety Code imposes inclusionary requirements for affordable housing for all residential development in Redevelopment Project Areas, whether developed by the Agency or by private entities. For the project areas adopted on or after January I, 1976, the following restrictions apply: · At least 30 percent of all new or substantially rehabilitated housing units developed by a redevelopment agency must be affordable to persons of low- and moderate-income. Not less than 50 percent of those units (15 pement of the total) must be available to very low- income persons. · For units developed by other public or private entities, at least 15 percent of the units must be affordable to low- and moderate-income persons; not less than 40 pement of these units must be made affordable to very low-income persons. · Affordable units created outside of the project areas may be counted toward this requirement on a two for one basis. Agency Assisted/Price Restricted Housing for the Next Five Years Based on low/moderate-housing funds available, it is anticipated that 700 units will be developed or substantially rehabilitated over the next five years. The following projects are anticipated to be developed within the next five years. The Agency will consider providing financial assistance to these projects. Of these units, it is estimated that 117 units will be developed/rehabilitated within the redevelopment project areas. Trolley Trestle - The Agency approved financial assistance in FY 1998-99 to a local non-profit organization for the construction of this project. Trolley Trestle, located within the Southwest Redevelopment area, is an 11-unit housing development for those extremely low-income youths completing the San Diego County Foster Care Program. It is anticipated that construction will be completed by December 2000. Villa Serena - The Agency provided assistance in FY 1998-99 to this 132-unit low-income senior housing development. It is anticipated that construction will be completed in Summer 2000. Rolling Hills Ranch - The developer has proposed construction of 32 low-income family units and 116 low-income senior units. EastLake Greens - The developer has proposed construction of 130 for sale townhomes for low- income homebuyers. Crr¥ OF CHULA VISTA PAGE 79 OF 118 HOUSING ELEMENT 1999-2004 / ~ ~, ~),~) Otay Ranch -The develope~ has an obligation to develop 10 percent of the units within this master planned community for both low-income and moderate-income households. At this point in time, the required nUmber of affordable units is estimated to be 232 units. Pear Tree Apts - The Agency approved financial assistance in FY 1999~2000 to acquire and substantially rehabilitate this 119-unit apaganent project. All units are proposed to be affordable to very low and low-income households. It is anticipated that construction will be completed by Spring 2001. Main Plaza - The Agency has approved a mixed-use development of 106 low-income affordable units with 15,000 square .feet of commercial use. This project is located within the Southwest Redevelopment area. It is anticipated that the development of these projects within the next five years will create an additional surplus of low- and moderate-income units for the Agency. PAGE 80 OF 118 CITY OF CHULA VISTA ..... ,~ j HOUSING ELEMENT 1999-2004 V. GOALS AND POLICIES This section of the Housing Element contains goals and policies the City will implement to address a number of important housing-related issues. The primary goal of the City is to ensure that decent, safe housing is available at an affordable cost. The priority remains the provision of housing for families, particularly large families, of all income levels. Table 37V ! is a sumanary listing of the objectives by Goals, Policies, and Programs: -- TABLE V !-TABLE 37: HOUSING OBJECTIVES BY GOALS, POLICIES, AND PROGRAMS SUMMARY ~ Polici~ograms ~ Five~ Goal 1 - Conserve Existing Affordable Housing Opportunities ~ Prcseryation of ~ ~ of Converting to Market Rate 41 low-income units 1.2 Condominium Conversions Monitor 1.3 Single Family and Mobilehome --~-~'-CHIP loans/grants to very low- and low- Rehabilitation income homeowners and mobilchome owners. · Minor repair and clean up of 500 homes and mobile homes. ~riorating and Substandard-~ Rc~ntal Housing 120 very Iow- and low-income rental units 1.5 Prcservatinn of Mobilchome Park Living Case by Case Mamtamand Enhance the Quality of Residential Neighbor~Chula Vista Reinvest in the CitY~ct two residential neighborhoods for a Neighborhoods. ] clean up/fix up campaign as well as a program I t..o pro. mote community pride. J' ~R,ep?r/rehabilitate 25 homes through __[ Christmas in October. Goal 3 - Ensure That an Adequate and Diverse Housi~he City's Existing and Future Needs. 3.1 Affor~ogram ~lruction ~ households, of which 130 will be for sale units as also referenced under Program 4.1, and 470 units for moderate-income 3.2 Protection of Coastal Housing ~ ~ase 3.3 Provide Incentives for Low Inc~ · Ado~ption of a density bonus ordinance. Housing Construction · Evaluate on a case by case basis acquisition of property and land write downs. · Pursue affordable housing funding sources. · 10 low income density bonus units CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 ,~ ,, (!ii ~ PAGE 81 OF 118 / Policies and Programs Five Year Objective 3.4 Pursue Housing Oppor~nities for Lower- . Assist 350 low-income persons through a Income Households shared housing program. · Work with the County Housing Authority to compete for rental assistance programs. · Work with social services' pmviders to identify lower-income elderly residents and provide housing assistance. · Adopt a second dwelling unit ordinance. Goal 4 - Increase Home Ownership Opportunities for Low- and Moderate-Income Households 4.1 Encourage the Construction of a Variety of Case by Case Housing Types 4.2 Help Low Income Households Purchase A · Assist 130 first-time homebuyers. Home · Provide 25 Mortgage Credit Certificates to low- and moderate-income households. Goal 5 - Enable Homeless Individuals and Families to Find Permanent }lousing 5.1 Participate in Regional Efforts to Address Continue to participate in regional efforts to Homeless Needs address needs of the homeless, including the Regional Task Fome for the Homeless, local FEMA Board, Regional Continuum of Care Council, and County of San Diego Hotel/Mote Voucher Program. 5.2 Facilitate Local Facilities that Respond to · Provide technical ass/stance and consider Homeless Needs financial assistance to organizations seeking to provide or expand facilities and service~ within Chula Vista. · I0 ~nsitional housing units Goal 6 - Encourage Energy and Waste Conservation as an Integral Part of Homes 6.1 Institute Conservation as Part of New On-going Construction 6.2 Promote Conservation in Existing Homes Change CHIP Guidelines Goal 7 - Promote Equal Opportunity for All Residents to Reside in Housing of Their Choice 7.1 Fair Housing Practices I Fair housing assistance to 150 persons Goal 8 - Reduction and/or Removal to the Greatest Extent Possible of Identified Constraints to the Development, Maintenance, and Improvement of ltonsing. 8.1 Streamline Development Processing Monitor development processing for streamlining opportunities. PAGE 82 OF 118 CITY OF CHULA VISTA / ~ ,~,~ HOUSING ELEMENT 1999-2004 HOUSING GOALS~ OBJECTIVES~ POLICIES~ AND PROGRAM~ Goal 1 - Conserve Existing Affordable Housing Opportunities 1.1 Preservation of Assisted Housing at Risk of.Converting to Market Rate Five Year Objective: 41 units of at-risk low-income housing Funding Source: Community Development Block Grant (CDBG), HOME, Redevelopment Low/Moderate-Housing Funds, and private sector programs Target Years: 2000 1.1.1 Preservation of, Conversion Of Density Bonus Units The Community Development department shall work with the property owner of the Meadows and Eucalyptus Parkview projects to ensure the continued affordability of the 32 and nine low-income units respectively. As identified previously in the Needs Assessment-At Risk Units, the affordability restrictions for the Meadows are scheduled to expire in the year 2000. This is the only project in Chula Vista at risk of converting to market-rate housing during 1999-2004. 1.1.2 Tenant Education of Rights and Conversion Procedures The California Legislature passed AB 1701 in 1998, requiring property owners give a nine-month notice of their intent to opt out of' low-income housing use restrictions. The Community Development department shall work with tenants of at-risk units regarding tenant rights, conversion procedures, and Sectio~ 8 availability/priority. 1.2 Condominium Conversions Five Year Objective: On-going Monitoring/Regulation Funding Source: CDBG, HOME, Redevelopment Low/Moderate-Housing Funds, and private sector programs. Target Years: 1999-2004 1.2.1 Regulation of Condominium or Stock Cooperative Conversions The Planning and Building department shall continue to regulate residential condominium and stock cooperative conversions as specified in the Chula Vista Municipal Code, Title 15, Chapter 15.56 in order to protect existing tenants and promote the orderly growth and amenity of Chula Vista. CITY OF CHULA VISTA PAGE 83 OF 118 HOUSING ELEMENT 1999-2004 -- / 1.3 Single-family and Mobilehome Rehabilitation, with Priority for Those Homeowners of Very Low- Income, Special Needs and/or Senior Households. Five Year Objective: 250 CHIP loans/grants to low-income homeowners and -, mobilehome owners. Minor repair and clean-up of 500 homes and mobilehomes. Funding Source: CDBG, HOME, Redevelopment Low/Moderate-Housing Funds, and private sector programs. Target Years: 1999-2004 1.3.1 Rehabilitation Assistance The Community Development department shall provide rehabilitation assistance, through loans and grants, to lower-income owner occupants to preserve and rehabilitate deteriorating homes. Assistance will be targeted to homeowners 'residing in blighted areas of the City and priority will be given to those single- family and mobilehome owners of very low-income, special needs and/or senior households. The Community Housing Improvement Program (CI-II~) provides favorable loans to low-income owners and also provides grants for minor repairs. 1.3.2 Caring Neighbors Program This voluntary program, is utilized occasionally by Code Enfomement to perform minor rehabilitation work for elderly and disabled homeowners. This program will depend primarily on the availability of funding fi.om CDBG flmds, which is a competitive grant provided on an annual basis. 1.3.3 Home Modification and Repair - For Senior Citizens The Community Development department shall encourage elderly persons to seek home modification and repair programs that will allow elderly persons to remain in their home and help to prevent injuries. Weatherization Programs are available through the local Welfare or Energy Department (Low Income Home Energy Assistance Program and the Weatherization Assistance Program). 1.3.4 Reverse Mortgage Program A Reverse Annuity Mortgage Program, available through private lending institutions, can help elderly homeowners gain access to their home equity. Under this program, the Federal government guarantees the loans to senior citizen homeowners which allows them to draw down a monthly stipend. pAGE 84 OF 118 CITY OF CHULA VISTA /~ ~ HOUSING ELEMENT 1999-2004 1.4 Rehabilitate Deteriorating and Substandard Rental Housing Five Year Objective: 25 very low-income and 95 low-income rental units Funding Source: CDBG, HOME, Redevelopment Low/Moderate-Housing Funds, and private sector programs. Target Years: 1999-2004 1.4.1 Rental Housing Acquisition and Rehabilitation The Community Development department shall make local funds available for both non-profit and for-profit developers to acquire rental housing that is substandard, deteriorating, or in danger of being demolished. A minimum of twenty percent of the units, once rehabilitated, will be set-aside for very low- and low-income households at affordable rents~3 for a minimum of 55 years, unless otherwise dictated by a State or Federal Law. 1.4.2 Housing Inspection The Planning and Building department shall continue to employ Code Enforcement staff to systematically inspect rental housing complexes of three or more units and report violations of current Health and Safety Codes. Where necessary work is fairly extensive, referrals to the City's Community Development Housing Division are made. 1.5 Preservation of Mobilehome Park Livin~ Five Year Objective: Case by case Funding Source: CDBG, HOME, Redevelopment Low/Moderate-Housing Funds, and private sector programs. Target Years: 1999-2004 lain such instances that affordable rents are not defined by the applicable laws or regulations, affordable rents (including a utility allowance) for low income households shall not exceed the lesser of 1) 30 percent of 60 percent of the Area Median Income as published from time to time by the U.S. Department of Housing and Urban Development (HUD), adjusted for household size; or 2) 10 percent below market rents for comparable units within the project or surrounding properties. For very low income households, affordable rents (including a utility allowance) shall not exceed 30 percent of 50 percent of the Area Median Income as published from time to time by the U.S. Department of HUD, adjusted for household size; or 2) 10 percent below market rents for comparable units within the project or surrounding properties CITY OF CHULA VISTA PAGE 85 OF 118 HOUSING ELEMENT 1999-2004 1.5.1 Community Housing Improvement Program The Community Development department shall continue to provide grants and/or loans to low-income mobilehome owners for the rehabilitation of their mobilehome through the Community Housing Improvement Program (CHIP). 1.5.2 Mobilehome Space Rent Review Ordinance The Community Development department shall monitor and enforce the City's Mobilehome Space Rent Review Ordinance to protect the rights of mobilehome residents in preserving this affordable housing alternative. 1.5.3 Mobilehome Park Conversion Ordinance The Community Development department shall monitor and enforce the City's Mobilehome/Trailer Park Conversion Ordinance to protect the rights of mobilehome residents. 1.5.4-. Resident Ownership of Mobilehome Parks The Community Development department shall assist mobilehome park residents to purchase their parks and convert to resident ownership by assisting with the application for other funding sources such as the State Mobilehome Assistance Program. Financial assistance provided by the City, Agency, State, or other funding sources may be limited to income eligible residents and require affordable housing costs. Goal 2 - Maintain and Enhance the Quality of Residential Neighborhoods in Chula Vista 2.1 Reinvest i ' ' ' n the C~ty s Well-estabhshed Neighborhoodg Five Year Objective: Identify and target two residential neighborhoods for a clean- up/fix-up campaign and initiate a program to promote community pride. Repair/rehabilitate 25 homes through Christmas in October. Funding Source: CDBG, HOME, Redevelopment Low/Moderate-Housing Funds, and private sector programs. Target Years: 1999-2004 2.1.1 Neighborhood Revitalization Programs The Community Development department shall continue to implement a pro-active program of neighborhood inspections to improve conditions and appearance primarily through the 'Neighborhood Revitalization Program' (NRP). This on-going program targets specific low- and moderate-income neighborhoods exhibiting high volumes of citizen complaints. PAGE 86 OF 118 CITY OF CHULA VISTA / ~ ,,.- HOUSING ELEMENT 1999-2004 The programs also prioritize needs for housing and infrastructure such as paving, curbs, gutters, sidewalks, and drainage facilities, and to develop a schedule to coordinate provision of improvements with available resources and the City's Capital Improvement Program (CIP) schedule, and the Community Housing Improvement Program (CHIP). The Community Development Housing Division will cooperate and assist locally based citizen groups to develop a program to improve conditions and appearance primarily through clean-up/fix-up campaigns and initiate a program to promote community pride for targeted neighborhoods. 2.1.2 Monitoring of Neighborhood Conditions The Planning and Building depat~anent shall continue to monitor neighborhood conditions for adherence to minimum standards of habitability, and appearance that lead to neighborhood deterioration by responding to service requests from concemed citizens. Goal 3 - Ensure that an Adequate and Diverse Housing Supply is Available to Meet the City's Existing and Future Needs. 3. I Affordable Housing Program - A continuing program established in 1981. Five Year Objective:. New construction of 590 units for lower-income households, of which 130 will be for sale units as also referenced under Program 4.1, and 470 units for moderate-income households. Funding Source: CDBG, HOME, Redevelopment Low/Moderate-Housing Funds, and private sector programs. Target Years: 1999-2004 3.1.1 Balanced Communities The Community Development department shall continue to achieve a balanced residential community through integration of low-income housing throughout the City, and the adequate dispersal of such housing to preclude establishn~ent of specific low-income enclaves. Assure that programs create housing for large families and accommodate the needs of seniors and disabled persons. 3.1.2 Affordable Housing Requirement - Administered by Community Development A minimum of ten pement of each residential development of 50 or more units must be restricted for occupancy by and affordable to low- and moderate-income households, with at least one half of those units (five percent of project total units) for Iow-income households. {dI'IY OF CHULA VISTA PAGE 87 OF 118 HOUSING ELEMENT 1999-2004 ......;~ In order to guarantee provision of these units, the City requires the developer to formulate, review with staff, and have adopted a specific program and agreement -' for the project delineating how and when the required affordable units will be provided, including but not limited to location of the affordable units, intended subsidies, income/rent restrictions, tenure of affordability, schedule for production of the affordable units, and methods to verify compliance. Formulation of project-level programs and agreements is handled in a tiered fashion, starting at the General Development Plan (GDP) stage, or similar level of review, and progressing in specificity and detail through the planning process. A final agreement is required prior to recordation of the final map or final project approval where land subdivision is not applicable. This requirement shall further be administered in accordance with the following: ~. A) A "residential development" shall be considered as the entire residential development proposal as set forth in the development application, whether or not the subdivision of land is involved, or the units are part of a mixed-use project. In the case of master planned communities, the "residential development" shall be that development encompassed by the Specific Plan, Precise Plan, or General Development Plan/Sectional Planning Area Plan(s). B) The location of affordable housing developments for lower-income households shall take into consideration proximity to existing or proposed mass transportation routes, and the availability of community services and facilities such as shopping, medical, child care, recreation areas, and schools. C) Developers shall ensure the timely development of affordable housing for lower-income households. Affordable housing opportunities should be provided in the earliest development phase possible taking into consideration the availability of facilities, growth management standards, the general development plan, financing, and merchant builder involvement. D) A master planned community should satisfy its lower-income affordable housing obligation through the construction of affordable housing units within the master planned community itself. Should the City determine that the unique conditions of a development provides an unreasonable hardship for the new construction of units within the project, the City, at the sole discretion of the City Council, may consider methods other than actual developer-built in-project un/t production as a means to achieving affordable housing opportunity. These alternative methods will be considered only when the City, at its discretion, has determined that such PAGE 88 OF 118 CITY OF CHULA VISTA <> HOUSING ELEMENT 1999-2004 alternatives support specific Housing Element policies and goals, assists the City in complying with the California Government Code as it relates to the planning for and provision of affordable housing and will not be significantly detrimental to achieving balanced residential communities, and will provide at a minimum the equivalent number of required affordable units and comparable rent and occupancy restrictions. Such determination shall be based on findings that the, new construction of units within the project would present an unreasonable hardship in light of such factors as, but not limited to, project size, site constraints, market competition, difficulty in integrating due to significant price and product disparity, developer capability, and financial subsidies available. Also to be considered are whether the alternative options offer preferred product type, affordability in excess of the requirements of the City's Affordable Housing Program, does not result in an undue concentration of housing for lower income households, location advantages such as proximity to jobs, schools, transportation and services, diminished impact on other existing developments, and capacity of development entity to deliver the project. Consideration of alternative methods shall be made according to the following order of priority: 1) Land Set'Asides: Where unit construction by the developer presents an unreasonable hardship, the City may consider the donation of a building site and if necessary a financial contribution adequate to provide, at a minimum, the required units as satisfying the developer's affordable housing obligation if it is determined that such contribution will be effectual in furthering the goals and policies of the Housing Element, is advantageous to the City in creating and preserving affordable housing to comply with the California Government Code as it relates to the planning for and provision of affordable housing, will not result in an undue concentration of affordable units for lower income households, and will not be significantly detrimental to the achieving a balance of housing opportunities for all economic groups provided within the residential development (required findings). The land and financial contribution, if necessary, must have a value no less than the net cost of providing the affordable units on-site and both sufficient in acreage and allowable density so as to make production of the required units feasible. Where the required affordable units are located within a master plan area, the first priority for the location of the site is within the same Sectional Planning Area, followed by other Sectional Planning Areas of the same General Development Plan. If the developer can feasibly provide a land set-aside, the City will not approve any other alternative method of compliance with the Affordable Housing Program: CITY OF CHULA VISTA PAGE 89 OF 118 HOUSING ELEMENT 1999-2004 / /~ ~ 2) Off-site Location: Where provision of land within the project has been duly proven to present an unreasonable hardship, the City may consider developer construction, either individually or in partnership, of an affordable housing project at an off-site location if it is -' determined that such off-site project will meet those same findings listed above under land set-asides. The off-site project shall satisfy, at a minimum, the original requirements placed on the developer and provides a value no less than the net cost of providing the affordable units on-site. Alternatives to providing affordable housing within the project may include, but are not limited to, acquisition and rehabilitation of affordable units, conversion of existing market units to affordable units, construction of second dwelling units, construction of special needs housing projects or programs (shelters, transitional housing, etc.). Where the required affordable units are located within a master plan area, the first priority for the location of alternative affordable housing opportunities is within the same Sectional Planning Area, followed by other Sectional Planning Areas of the same General Development Plan. If the developer can feasibly build or provide the affordable units at an off-site location, the City will not approve any other alternative method of compliance with the Affordable Housing Program. 3) In-Lieu Contributions: Where construction, the provision of land, and off-site projects have been duly proven to present an unreasonable hardship, then the City, at the sole discretion of the City Council, may consider the acceptance of in-lieu contributions to be placed in a trust fund and used to provide assistance to other identified affordable housing production or contributions to a special needs housing project or program. The level of contribution shall be evaluated to ensure its adequacy in relation to achieving assistance oppommities commensurate to the level of the original project requirement. The City shall formulate and adopt, by March 2000, Implementation Guidelines for the Affordable Housing Program to maximize the production of affordable housing, ensure an adequately balanced community, and facilitate the evaluation of financial assistance. These guidelines will outline overall Program requirements including, but not limited to, location of the affordable units, intended subsidies, income/rent restrictions, tenure of affordability, schedule for production of the affordable units, and methods to verify compliance. The guidelines will also establish allowable development incentives and criteria for their application, and define conditions under which alternative methods of compliance with the Program may be considered. PAGE 90 OF 118 CITY OF CHULA VISTA /,7",/ I OUSXNGE .E NT 999-2004 E) Unit mix by bedroom count shall reflect the appropriate community need and shall be comparable to the unit mix by bedroom count of the market rate units in the residential development, but should provide a minimum of 20 percent of the units with three or more bedrooms to meet the needs of large families. 3.2 Protection of Coastal Housing Five Year Objective: Case by case Funding Source: CDBG, HOME, Redevelopment Low/Moderate- Housing Funds, and private sector programs. Target Years: 1999-2004 3.2.1 Coastal Development Monitoring The Community Development department shall comply with State Law and local ordinances regarding the monitoring and reporting of affordable housing units and the new construction of replacement affordable housing within the Coastal Zone. 3.2.2 Replacement Housing Where convemion or demolition of housing units in the Coastal Zone occupied by low- or moderate-income households is proposed, such activity will be undertaken by the Community Development department in accordance with State Law and the City's adopted Coastal Plan. 3.3 Provide Incentives for Low Income Housing Construction Five Year Objective: Adoption of a density bonus ordinance. Construction of 10 low- income density bonus units. Evaluate waiving or modifying certain development standards. Evaluate on a case by case basis acquisition of property and land write downs. Funding Source: CDBG, HOME, Red.evelopment Low/Moderate-Housing Funds, and private sector programs. Target Years: 1999-2004 CITY OF CHULA VISTA PAGE 91 OF 118 HOUSING ELEMENT 1999-2004 ?~ cv)~,~ 3.3.1 Density Bonus By March 2000, the City, with direction from the Planning and Building department, shall adopt a density bonus ordinance consistent with State Law requirements. The density bonus ordinance is an appropriate incentive to produce lower-income affordable units and the City will encourage its use where appropriate. 3.3.2 Development Standards The Community Development department, with direction fi-om the Planning and Building department, will evaluate on a case by ease basis as requested by developers the possibility of waiving or modifying of certain development standards, such as, but not limited to, parking standards, or the revision of certain Municipal Code provisions to encourage the development of low- and moderate- income housing. The City may provide a reduction in site development standards _ or a modification of zoning code or architectural design requirements, for those eligible affordable housing projects requesting such reductions or modifications consistent with Government Code Section 65925 (h). These recommendations will be reviewed based upon a goal to reduce costs associated with overly strict or outdated standards. Although standards may be modified, the City will ensure that the projects will retain aesthetic and design criteria acceptable to the City. 3.3.3 Land Assemblage and Write Downs The City can utilize CDBG, HOME, and Redevelopment monies to write down the cost of land for the development of Iow- and moderate-income housing by private developers. As pan of the land write down program, the Community Development department may also assist in acquiring and assembling property and subsidizing on-site .and off-site improvements. 3.3.4 Pursue Affordable Housing Funding Sources The Cormuunity Development department shall examine ways to directly secure and/or leverage Federal or State funding, or encourage other agencies to do the same. The intent is to actively monitor the funds available through different and evolving housing programs to facilitate participation of eligible for-profit or non- profit corporations. 3.4 Pursue Housing Opportunities for Lower Income Households, with Attention to Those Who Have Special Needs Five Year Objective: Assist 350 very low- and low-income persons through the Shared Housing Program. Work with the County Housing Authority to compete for rental assistance programs. Work with social service providers to identify lower- income elderly or disabled residents PAGE 92 OF 118 CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 and provide housing assistance. Adopt a second dwelling unit ordinance. Construction of 100 housing units within a mixed-use development. Funding Source: CDBG, HOME, Redevelopment Low/Moderate-Housing Funds, and private sector programs. Target Years: 1999-2004 3.4.1 Section 8 Rental Assistance The Section 8 Rental Assistance Program extends rental subsidies to very low- !ncome (50 pement of AMI) households who spend more than 30 pement of their ~ncome on rent, including mobilehome park space rents. Chula Vista contracts with the San Diego County Housing Authority to administer the Section 8 Rental Assistance Certificate/Voucher Program. The Community Development · department shall continue to participate in the San Diego County Housing Authority Section 8 Rental Assistance Certificate/Voucher Program. At a minimum, the City. will strive to maintain the current level of assistance to very low-income households. 3.4.2 Shared Housing The Community Development department will consider continuing to fund a Shared Housing program operated by social service agencies based in the South Bay which facilitate matches between households with extra room and individuals seeking low-cost housing. Most matches involve senior citizens or disabled citizens. 3.4.3 Second Dwelling Units Second dwelling units provide additional low-cost housing opportunities to residents, particularly for seniors and students. By March 2000, the City, with direction fi.om the Planning and Building department, shall adopt an ordinance which permits second dwelling units under certain conditions. 3.4.4 Special Needs of the Elderly, Disabled, and Single-Parent Households The Community Development department shall encourage the development of housing suitable for the elderly and disabled persons as well as single-parent households to be in close proximity to public transportation and community services. This includes easy accessibility to special services such as day care, elder care, medical services, or recreation. CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 / ~ '~/~ ~ PAGE 93 OF 118 3.4.5 Mixed Use Developments The Planning and Building Department shall review existing zoning and land use policies to remove impediments, if appropriate, and encourage mixed-use developments. 3.4.6 City/Agency Assisted Developments The Community Development Department will continue to work with private for- profit and particularly non-profit residential developers to use local funds fi.om CDBG. HOME Program? Redevelopment Low/Ivloderate Income Housing Set- aside funds and other City originated funds and leverage them against State, Federal and private Iow interest funds to create housing opportunities for extremely low, very low and low income households. 3.4.7 Article XXXIV On April 11, 1978 under Proposition C~ the voters of Chula Vista authorized the development, constmction, or acquisition of 400 units of "low rent housing" by the Agency. Of the 400 allo~able credits, Chula Vista has utilized 293 units and has a balance of 107 units remaining. The Community Development Department will continue to assess the applicability of Article XXXIV of the California Constitution to certain housing developments where the City and/or Redevelopment Agency of the City are considering financial assistance or other incentives to assist in the development and construction of such housing. Should the City/Agency identify that Article XXXIV significantly impacts its ability to assist in the provision of affordable housing, the City would evaluate the possibility of initiating a referendum to obtain more authority for the development~ construction, or acquisition of "low rent housing" by the City/Agency. Goal 4 - Increase of Home Ownership Opportunities for Low- and Moderate-income Households 4.1 Encourage the Construction of a Variety of Housing Types Five Year Objective: Assist 130 low-income first-time buyers in fulfillment of the City's Affordable Housing Program. Provide 25 Mortgage Credit Certificates to low- and moderate-income households. Funding Source: CDBG, HOME, Redevelopment Low/Moderate-Hou~'sing Funds, and private sector programs. Target Years: 1999-2004 PAGE 94 OF 118 CITY OF CHULA VISTA ~'~...~ ! ~ ~ HOUSING ELEMENT 1999-2004 4.1.1 Affordable Housing Program The Community Development department shall continue to work closely with developers to encourage that a portion of the low/moderate-income housing required under the City's Affordable Housing Program is built for home- ownership. 4.2 Assist Low-Income Households Purchase A Home 4.2.1 First-Time Homebuyer Programs .Financial participation by the City, Redevelopment Agency, or Housing Authority in a first-time homebuyer program will target those families and individuals currently living and/or working in Chula Vista. The Community Development department shall explore setting aside a portion of its Redevelopment Low/Moderate Housing Funds or HOME Fund to assist low- and moderate-income families to purchase a home. Funds may be used for closing costs, down payment, and/or below-market interest rate. The City would expect repayment of the loans through its equity share participation to allow the City not only to recoup the loan but also to build the fund for future program activity. If using Redevelopment Low/Moderate-income Housing funds, assistance could be provided to potential homebuyers of Agency-assisted projects or for the purchase of homes within the Redevelopment area. A HOME-funded program would be available to provide assistance to low income homebuyers for the purchase of a home within Chula Vista. 4.2.2 Homebuyer Information The Community Development department shall continue to make information available to the public on the home buying process and home mortgage lending including Federal, State and local programs. 4.2.3 Homeowner Education and Counseling The Community Development department shall encourage developers, lenders, and social service organizations to provide educational programs and materials for homeowners and potential homeowners on home maintenance, improvement, and financial management. The purpose of the educational programs will be to help, especially first-time homeowners, prepare for the purchase of a home and to understand the importance of maintenance, equity and appreciation, and to budget properly to accomplish such and avoid losing their homes. CrlT OF CHLILA VISTA PAGE 95 OF 118 HOUSING ELEMENT 1999-2004 / ff6~ 4.2.4 Mortgage Credit Certificate The City is a participant in a coalition consisting of the County of San Diego and many other cities in providing Mortgage Credit Certificates (MCC) to qualified first-time homebuyers. The coalition has hired a consultant to administer and implement the program on its behalf and the City contributes to the administration costs of the program. First-time homebuyers are referred by the Conununity Development department to the consultant. 4.2.5 HUD Homes The Community Development department shall assist non-profit organizations to acquire and rehabilitate homes offered for sale through the U.S. Department of HUD with the expectation that these homes will then be sold to low-income first- time homebuyers. 4.2.6 ~ Single-Family Residential Mortgage Revenue Bonds Single-Family Residential Mortgage Revenue Bonds can be issued by the City (through the Community Development department), County, or non-profit organizations to provide mortgage loans to encourage developers to provide for- sale housing which is affordable to first-time lower-income homebuyers whose incomes do not exceed maximum Federal limits. Buyers must also intend to live in their homes as their principal residence. Mortgage loans offered under the bond program generally have lower interest rates than conventional loans. Loans are available for attached and detached single-family residences. 4.2.7 Sweat-Equity Sweat-equity projects reduce the production or rehabilitation costs of housing as the homeowners provide some or all of the labor required to construct/rehabilitate the homes. The Community Development department shall explore financial assistance for ~ low-income sweat-equity project. PAGE 96 OF 118 CITY OF CmA VISTA J~'J'~! "/C7 HOUSING ELEMENT 1999-2004 Goal $ - Enable Homeless Individuals and Families to Find Permanent Housing 5.1 Participate in Regional Efforts to Address Homeless Need~ Five Year Objective: Continue to participate in regional efforts to address needs of the homeless, including the Regional Task Force for the Homeless, local FEMA Board, Regional Continuum of Care Council, and County of San Diego Hotel/Motel Voucher Program. Construction of 10 transitional housing units. Funding Source: CDBG, Redevelopment Low/Moderate-Housing Funds, FEMA, other federal programs, and private sector programs. Target Years: 1999-2004 5.1.1 Support Existing Regional Services for the Homeless · Chula Vista encourages the coordinated efforts to address homeless issues in the area through a continuum of care model. Two non-profit agencies in the South Bay Region (South Bay Community Services [SBCS] and MAAC Project) provide assistance to the homeless or near homeless population. Both SBCS and MAAC Project distribute shelter vouchers to needy families, which allows them to stay at designated local motels. A.ssistance is provided through the County of San Diego and FEMA. During the wrater months, the Interfaith Shelter Network provides shelter for up to 12 people at local participating churches. SBCS also operates several transitional housing programs as described in Section 2 of this Housing Element. The Community Development department shall continue to encourage these efforts to provide case management services, emergency shelters, transitional housing, and will utilize CDBG funding, as appropriate, to aid in these efforts. 5.1.2 Participate in a Regional Approach to Address Homelessness The Community Development department shall continue to participate in the Regional Continuum of Care Council for San Diego County and the County of San Diego's application for funding through the Federal Supportive Housing Program for the development of new housing facilities for the homeless and the continuing funding of existing facilities. The City will continue its representation on the FEIMA Board and the Regional Task Force on Homelessness. ~lrlT OF CHULA VISTA PAGE 97 OF 118 HOUSING ELEMENT 1999-2004 / ~ ~'~' / 0 ~? 5.2 Facilitate Local Facilities that Respond to Homeless Needs Five Year Objective: Provide technical assistance and consider financial assistance to organizations seeking to provide or expand facilities and services -' within Chula Vista. Funding Source: CDBG, Redevelopment Low/Moderate-Housing Funds, FEMA, other Federal programs, and private sector programs. Target Years: 1999-2004 5.2.1 Evaluate and Identify Facilities and Services The Community Development depathnent shall evaluate support facilities and service needs of the homeless and the near homeless and identify appropriate agencies and resources. 5.2.2 Identify Non-profit Providers to Operate Emergency Shelter Programs Non-profit providers are hesitant to undertake emergency shelter and transitional housing programs because of the difficulty in securing adequate operational funds. In addition to room and board, most shelter programs provide some type of case management and other social services. Providers rely heavily on private donations and volunteers to fill funding gaps. The Community Development department can directly assist shelter providers with CDBG or Redevelopment Housing funds, and encourage them to apply for available Federal and State Funding (McKinney, E.S.P. etc). 5.2.3 Facilitate Shelters and Transitional Housing Programs The City will continue to make an effort to meet the needs of the homeless through the following: The Community Development department shall continue to consider providing financial and technical assistance to any organization or consortium of organizations seeking to establish transitional housing or shelter programs to serve the homeless population. The City will take other steps, as necessary, to facilitate these programs (such as amending zoning regulations to allow temporary church-sponsored shelters). The City's Zoning Ordinance currently allows for the development of homeless shelters or transitional housing subject to the approval of a Conditional Use Permit (CUP). Should the City receive an application or other request for siting of such a facility, the City's Planning and Building Department will work to expeditiously process the request through the identification of suitable sites, along with a set of performance criteria under which the CUP will be granted. PAGE 98 OF 118 CITY OF CHULA VISTA ~,-, f ~ HOUSING ELEMENT 1999-2004 Because site control is of paramount importance for securing State and Federal funding, the City will also consider providing assistance in the site selection and acquisition process. This may include loans, land dedications, or land cost write downs. 5.2.4 Group Homes for Six or Fewer Persons Pursuant to State Law, a residential facility for six or fewer persons may not be treated differently than family dwellings of the same type in the same zone. A residential facility is defined as any family home, group care facility, or similar facility for 24-hour non-medical care. A residential facility also includes a foster family home, small family home, social rehabilitation facility, community treatment facility, and transitional shelter care facility. Therefore, small group homes for six or fewer persons can be located in any of the City's residential districts by right. Goal 6 - EncoUrage Energy and Waste Conservation as an Integral Part of Homes 6.1 Institute Conservation as Part of New Construction Five Year Objective: On-going Funding Source: ' There will be no direct cost to the City for encouraging and promoting water and energy conservation and recycling. Target Years: 1999-2004 6.1.1 Implement Federal and State Conservation Laws The Planning and Building department shall require new developments to comply with applicable Federal, State, regional, and local policies and regulations regarding energy and water conservation and air quality improvement. 6.1.2 Resource Conservation - New Housing The Planning and Building department shall encourage energy and water conservation in materials, construction techniques, and features including recycling storage areas, in new housing in conjunction ~ith programs such as "Greenstar" and SDG&E's Comfort Wise Program. 6.1.3 Dual Piping The Engineering department shall continue to require the installation of dual-piping systems in new subdivisions to accommodate the use of reclaimed water for landscaping and other applications as feasible. CITY OF CHULA VISTA PAGE 99 OF 118 HOUSING ELEMENT 1999-2004 / ~ .... / / 0 6.1.4 Water and Air Quality The Planning and Building department shall continue to require the submission of a "water conservation plan" and "air quality improvement plan" or other substantive equivalent document for large development projects at the Sectional Planning Area (SPA) Plan stage or similar level of review. 6.1.5 Title 24 Compliance Review The Planning and Building department shall continue to perform residential Title 24 energy analysis as part of building plan check procedures. 6.2 Promote Conservation in Existing Homes Five Year Objective: Change CI-[IP Guidelines Funding Source: There will be no direct cost to the City for encouraging and promoting water and energy conservation and recycling. Target Years: 1999-2004 6.2.1 Weatherization Programs The Community Development department shall continue to encourage weatherization programs for low-income households. 6.2.2 Rehabilitation Funds for Conservation Consider and promote energy conservation as an eligible activity for the City's residential rehabilitation programs administered by the Community Development department. Goal 7 - Promote Equal Opportunity for All Residents to Reside in Housing of Their Choice 7.1 Fair Housing Practices Five Year Objective: Respond andprovide fair housing assistance to 150persons Funding Source: CDBG Target Years: 199%2004 PAGE 100 OF 118 CITY OF CHULA VISTA ,,~,.~,/ i HOUSING ELEMENT 1999-2004 7.1.1 Affirmative Fair Marketing Plans All developers of housing projects which contain more than 20 dwelling units are required to prepare an "Affirmative Fair Marketing Plan," which should be designed to attract prospective homebuyers and/or tenants within the proposed market area, regardless of gender, age, race, national origin, or religion. 7.1.2 Fair Housing Services The Community Development depa~hnent shall continue to provide fair housing services to Chula Vista residents and housing providers through the Fair Housing Council of San Diego. 7.1.3 Fair Housing Counseling and Education The Community Development department shall continue to provide fair housing -. counseling services and other referral activities which are designed to further the fair housing requirements of Title VIII of the Civil Rights Act of 1968. The City currently contracts with a fair housing consultant to respond to any requests or complaints regarding fair housing practices within the City and to provide an educational program for both residents and housing providers. 7.1.4 Fair Housing Assessment The Community Development department shall conduct an assessment of impediments to fair housing choice every five years in conjunction with the ' preparation of the Five-year Consolidated Plan for Housing and Community Development. This assessment will include an analysis of the actual level of discrimination in rental housing, for sale housing, and lending and a review of the Community Reinvestment activity of local lenders. Additionally, the City is required to Prepare an annual performance report of all housing and community development activities, including fair housing activities for the year. Goal 8 - Reduction and/or Removal to the Greatest Extent Possible of Identified Constraints to the Development, Maintenance, and Improvement of Housing. 8.1 Streamline Development Processing Five Year Objective: To monitor development process for streamlining oppommities and adhere to the prior/ties for financial assistance. Funding Source: CDBG, HOME, Redevelopment Low/Moderate-Housing Funds, and private sector programs. Target Years: 1999-2004 CIIY OF CHULA VISTA PAGE 101 OF 118. HOUSING ELEMENT 1999-2004 /~ 8.1.1 Development Fees The Planning and Building department shall continue to review development fees and facility financing to assure that they are as cost-effective as possible. The -' City will continue to consider subsidizing or deferring fees for affordable units on a case-by-case basis. 8.1.2 Expeditious Project Processing The Planning and Building and Community Development departments will continue to use a team approach to the application processing of affordabi'e low and moderate income residential developments. The Departments will continue to implement itstheir project manager system that specifically assigns an Entitlement Project Manager (project planner) and a Conununity Developmen~ Project Coordinator to shepherd projects through the review process and coordinate post-entitlement issues. Additionally, the Planning and Building ..department, in consultation with the Community Development dDepartment~ will ~sign priority processing of the necessary entitlements and plan checks for such residential development prqjects which do not require extensive engineering or environmental review. Such affordable housing prqjects are time sensitive due to deadlines established for the funding sources. 8.1.3 Evaluating Requests for Assistance The City shall consider assisting developers when necessary to enable residential projects to provide preferable product type or affordability in excess of the requirements of the City's Affordable Housing Program. Assistance will be offered to the extent that resources and programs are available and to the extent that the residential development assists the City in achieving its housing goals. The Community Development department shall establish specific procedures for evaluating requests for subsidies involving fees, land write downs, and other forms of City assistance. Evaluation of requests for assistance shall be based on, but not limited to, the effectiveness of the assistance in achieving a preferable product type and/or the affordability objectives of the Housing Element, the capability of the development team, the reasonableness of development costs and justification of subsidy needs, and the extent to which other resources are used to leverage the requested assistance. Priority for financial assistance would be for those projects that have both of the following characteristics: 1) a substantial number of the project's units have three bedrooms or more; and 2) a substantial number of the units are affordable to very low-income households (50 percent of area median income or less). PAGE 102 OF 118 CITY OF CHULA VISTA / > .~. ,~ HOUSING ELEMENT 1999-2004 8.1.4 Flexible Development Standards The Planning and Building department shall continue to encourage the use of flexible development standards through the Planned Community (PC) Zone and Precise Plan (P) Modifying District, where such are clearly identified with increased availability of affordable housing. CITY OF CHULA VISTA PAGE 103 OF 118 HOUSING ELEMENT 1999-2004 / ~ -~//i ¢ This page is intentionally blank. PAGE 104 OF 118 CITY OF CHULA VISTA f ~- / / ~ HOUSING ELEMENT 1999-2004 APPENDIX A CITY OF CHULA VISTA PAGE 105 OF 118 HOUSING ELEMENT 1999-2004 . ~,~ .This page left intentionally blank. '/'^~ ~o~ o~ m cm o~ cmJi., v~s~r. / -~¥ ~.//~/ .ous~ua,~m~ ~-2oo~ APPENDIX B ~J~'I'Y OF {dHULA VISTA PAGE 109 OF 118 HOUSING ELEMENT 1999-2004 / ~ ~./~2.0 This page left intentionally blank. PAGE 110 OF 118 CITY OF CHULA VISTA / ~.-~'-jc~ / HOUSING ELEMENT 1999-2004 SUMMARY OF MEETING WITH AFFORDABLE HOUSING DEVELOPERS The City of Chula Vista has prepared its Draft Housing Element of the General Plan for the period beginning July 1, 1999 to June 30, 2004. One of the more important policies identified within the City's Housing Element is thc Affordable Housing Program (AHP), which requires that developments of 50 or more residential units must provide a minimum of 10 percent of these units as affordable to low and moderate income households. Staff has also begun work on the Implementation Guidelines for this Program. In an effort to solicit comments from those most affected by the City's Affordable Housing Program, the City met with developers of affordable housing. It was staff's intent to receive candid input from these developers regarding their perceptions and experiences from the "other side of the counter" in processing affordable housing projects, barriers to developing and processing such projects, including but not limited to City fees and exactions, processing time, etc., and the-City's strengths and weaknesses in processing and development of affordable housing. The comments received and summarized below are generalized and do not necessarily reflect the comments of all developers nor do they represent the opinions of the City. The comments received were used to revise the constraints section of the Housing Element, to review the proposed programs and goals of the Element to ensure that the City is taking measures to aid in reducing or mitigating cohstraints and barriers and to encourage housing opportunities throughout the City, and to guide the development .of the AHP Implementation Guidelines. It is the intent of the City to provide additional follow up to these meetings by reviewing the comments received, reviewing and evaluating City processes, and taking appropriate actions, if necessary. The following is a summary of the meetings held on June 23 and July 14, 2000: Affordable Housing Program Strongly support the Affordable Housing Program and the new construction of affordable housing. The intent of the AHP is to provide a balance of housing opportunities for all economic groups throughout the City. Without a mandatory program to provide affordable housing units within the newly developing areas of the community, residential developers would not provide these affordable housing opportunities. New construction should be the first priority for the Affordable Housing Program. While acquisition and rehabilitation of residential units is needed for revitalization, it does not create new housing and will not meet the increasing demand for housing as the population grows. Rehabilitation activities do not meet the City's goals under the State requirement to provide its share of the projected need for new housing in the region (Regional Need). The City has other programs, outside of the AHP, to address the commurrity's need for preservation and maintenance of thc existing housing stock. The AH? must be clear and enforced. CI'I'I' OF CHULA VISTA PAGE 111 OF 118 HOUSING ELEMENT 1999-2004 / ~ "/~i~ ~ In Lieu Alternative Affordable housing developers support the City's position to require the new construction of affordable housing. In lieu fees can be effective in producing affordable housing, if the in-lieu fee is calculated to establish thc correct gap of what a low-income household can afford to pay for housing and the actual costs of constructing a unit. Typically, however, the revenue generated from the payment of in-lieu fees is insufficient to build the required units that are needed to meet the growing need for housing and more specifically housing that is affordable. Rehabilitation of Rental Housin.o. Where thc City/Agency is providing financial assistance for the rehabilitation of units, the City/Agency should look at projects which provide deeper affordability levels than expected from new construction activities and housing for larger families. These rehabilitation projects are typically at rents below market. Typically, those existing units in need of rehabilitation on the Westside of the community are some of the more affordable but are in substandard condition. The older de~'elopments are also typically smaller size units of one or two bedrooms. The City's/Agency's participation should involve the conversion of these small units to larger three+ bedroom units. While rehabilitation of existing housing does not add to the overall increase of available housing, the City's participation in the acquisition and rehabilitation of existing housing will convert these market rate units into affordable housing. Additionally, the rehabilitation of this housing will improve the overall quality of life of the residents by ensuring affordable rents, providing new amenities, and renovating substandard housing. Balance of Affordable Housing Activities Encourage the City to continue to implement activities/programs that provide both new construction and rehabilitation opportunities. Encourage the provision of affordable housing opportunities and activities throughout the City. While the City needs to provide new housing opportunities to meet the population growth, the City should balance this policy with the need to preserve and maintain existing housing to so as to prevent the acceleration of neglected and blighting neighborhoods. Identification of Targeted Ares~ Developers spend their own prcdevelopment monies and time analyzing projects without the clear direction from the City that the area or project is one that would be supported by the City/Agency. To better focus time and resources, developers would like the City to identify areas for revitalization and affordable housing opportunities. Design Review Committee (DRC) Thc DRC makes landscape and architectural recommendations that some members of in the development community believe they are not qualified to make. These individuals believe that PAGE 112 OF 118 CITY OF CHULA VISTA / ~. /~~3' HOUSING ELEMENT 1999-2004 at times, recommendations and comments that are made are subjective. Developers would like to see, if possible, more objective comments. DRC recommendations can add to the cost and processing time of projects. For affordable housing projects, additional design costs and delays in processing are critical. Limitations on budgets do not allow for additional costs to satisfy design considerations of the DRC. Affordable housing projects are time sensitive. The available sources of funding have critical deadlines that must be met and any delays jeopardize the project's ability to make these funding deadlines. Additional time added to the processing of projects also adds costs to project. The more time added to the timeline the more interest developers have to pay on their loans. It was noted that the City was currently reviewing the DRC process in an effort to streamline this process. As directed by the City Council, City staff is to make improvements to the existing process by having the DRC adopt procedural policies, meet with representatives of the development community, Chamber of Commerce and the DRC to identify inconsistencies and concerns, and to amend the Municipal Code regarding DRC membership and scope of responsibilities. Developers having more recently dealt with DRC have noted the changes taking place and were hopeful of the process. Plan Check Process The Planning and Building Department has contracted with an outside consultant for the plan check of large developmenfs. The use of outside consultants adds another layer of bureaucracy. Developers currently have no point of contact with the consultant. Should developers 'have questions or need to find out the status of a project, they must contact the City first, the City contacts the consultant, the consultant contacts the City and then the City responds back to the developer. There is no relationship/face with the consultant as there is with City staff. It was noted that the use of consultants for industrial or large-scale developments was intended to assist in speeding up the plan check process. To assist affordable housing developers with the processing of their time sensitive projects, the City could provide a specific contact person in the Building Division. Additionally, developers commented that there appears to be a lack of communication among the development services divisions of Engineering, Planning and Building. At times, it is their impression that staff members within the Building Department have little communication amongst themselves. Developers would encourage coordination and communication between all development services divisions. Affordable housing projects are extremely time sensitive. Such time delays in the processing of affordable housing projects lead to higher costs for the project and jeopardize the available funding sources. The City should establish a fast track process for affordable housing projects. Affordable housing projects are time sensitive due to deadlines established for the funding sources. For CITY OF CHULA VISTA PAGE 113 OF 118 HOUSING ELEMENT 1999-200~ / ~ /~ ~: example, tax credit projects are required to pull building permits within 90 days of being awarded the tax credits. Some affordable housing developers have been told that the City does implement a fast track process and an even faster process referred to as the "Red Path". Community Development staff and other developers are not aware of this fast track processing. Coordination Meetings With the processing of large affordable housing projects such as Temsina at Lomas Verdes, the developer found the "all hands" coordination meetings to be extremely helpful. These meetings, which involved Planning, Engineering, the City Manager's Office, Community Development and the development team, allowed for issues to be aired and resolved with all parties present. This allowed for a faster processing of the project and demonstrated to the development team the high level of commitment of City staff. Fees Affordable housing projects are paying the same fees as market rate residential developments. However, affordable housing projects do not have the ability to pass these costs on to the project. These projects cannot generate the same revenue sources as market projects, such as rental income. Affordable housing developers strongly advocate the City to waive, reduce, or at a minimum, defer fees for affordable housing. Fees are one of the major governmental roadblocks to the production of affordable housing for low-income households. The City can provide low interest loans to affordable housing developers to assist with the development costs, in particular the costs of fees and permits. However, this assistance does not truly help to reduce the costs of developing affordable housing. Instead of using the City's financial assistance to make the housing more affordable, developers have to use the funds to pay fees and permits. In essence, the City provides $1 million in financial assistance and then affordable housing developers turn right around and pay the $1 million back to the City for the payment of City fees. Many of the City's fees, such as sewer fees and assessment districts, are formula driven. As a result, fees are hard to pin down without having the most accurate information. Accurate estimates within the ballpark are needed. With the budget limitations of affordable housing projects, increases in costs due to wrong estimates of costs such as fees, means hard costs decisions. City staff needs to understand that these projects are not financed through conventional financing and therefore, these projects are much more sensitive to time deiays and to increased costs. There is talk of the City of Los Angeles having a user-friendly system that allows developers to get a good estimate of fees. Reference their web site. PAGE 114 OF 118 CITY OF CHULA VISTA / ~ / :~ ~ HOUSING ELEMENT 1999-2004 Otay Water District Difficult to deal with for thc processing of projects and payment of fees. School Districts Difficult to deal with for the processing of projects and payment of fees. Often times, developers are dealing with consultants and there is a lack of communication. Community Facilities Districts (CFDs)/Homeowner's Association (HOA) By the time affordable housing developers get involved with a proposal tO build an affordable housing project, the property has already been annexed into a CFD and pa_~ of the HOA. Affordable housing developers would recommend that those sites for affordable housing projects not be included witkin a CFD or HOA. CFDs destroy the value of these projects. For those affordable hot'sing projects financed with tax-exempt bonds, CFDs are problematic because they lower the net operating income to be generated from the project and therefore, lower the bond issuance. With the budget limitations and no ability to raise rents (income) for affordable housing projects, increases in costs due to CFDs and HOAs, means hard costs decisions and less financing available. 9% Tax Credit Financing . Under the currant regulations, affordable housing projects that are developed in response to inclusionary housing (balanced communities) policies are not able to compete effectively against those proposals addressing smart g~owth principals, housing for persons with AIDs or other special needs housing. Acquisition and rehabilitation projects within revitalization areas are better suited for tax credit financing. Tax Exempt Financing For those affordable housing projects developed in response to inclusionary housing (balanced communities) policies, tax exempt financing is the better financing option. As discussed earlier, CFDs are problematic. Unfortunately, in Chula Vista most of the new construction of affordable housing takes place in master planned commtmities, which are part of CFDs. At best, the lowest targeting of incomes that is financially feasible is 50 percent AMI. The City should not try to request any deeper affordability than the 50 percent AMI level. The experiences of developers working with the City for the issuance of tax-exempt bonds have been positive. The City has been reasonable in its issuer fee, reporting requirements and its regulatory agreements. The City has allowed the use ofprivate placement letters. CITY OF CHULA VISTA PAGE 115 OF 118 HOUSING ELEMENT 1999-2004 / City/Agency Loans When providing financial assistance to developers of affordable housing, the assistance is typically provided as a below market residual receipts loan. Typical terms: 6 percent simple interest and repayment from a fund equal to ninety (90%) pement of the "Residual Receipts". The 90:10 split does not work. Most cities in the region, the County and the Stat~ provide financial assistance at a 3 pement interest rate. Developers would recommend that the split of residual receipts be based upon the industry standard of 50:50 and an interest rate of 3 pement. Article XXXIV of the State Constitution Article XXXIV of the California Constitution (Article 34) requires that voter approval be obtained before any "state public body" develops, constructs or acquires a "low rent housing project". A redevelopment agency is a "state public body" for purposes of Article 34, and as a result, if a redevelopment agency participates in development of a "low rent housing project" and that participation rises to the level of development, construction, or acquisition of the project by the agency, approval by the electorate pursuant to Article 34 is required for the project. On April 11, 1978 under Proposition C, the voters of Chula Vista authorized the development, construction, or acquisition of 400 units of "low rent housing" by the Agency. Of the 400 allowable credits, Chula Vista has utilized 293 units and has a balance of 107 units remaining. Analysis of the applicability of Article 34 to affordable housing projects has added time delays and costs associated with attorney fees. Developers would like the City to initiate a referendum to obtain more authority to develop affordable housing within the community. With the majority of residents needing affordable housing and the economic health of the City, this may be the most opportune time to gain voter approval of additional affordable housing. Attorneys Due to the complicated financing of affordable housing projects, issues of relocation, and Article XXXIV, many attorneys representing the investors, developers, and the City are involved. Developers have found the City's Attorneys to be very cautious at times in their approach to relocation and Article XXXIV. This has translated in to time delays to ensure all legal bases are covered and the subsequent increasing costs to the project for legal fees. While developers understand the Attorneys' need to protect the City's interest, it is recommended that issues be identified as early as possible and some flexibility be given. General Comments Chula Vista is one of the most friendly and easiest cities to deal with for the processing of projects. PAGE 116 OF 118 CITY OF CHULA VISTA / ~i~ ~/~'~ HOUSING ELEMENT 1999-2004 MEETING WITH AFFORDABLE HOUSING DEVELOPERS ATTENDANCE June 23, 2000 July 14, 2000 Aha Baiz-Torres Ken Sauder, Executive Director MAAC Project Wakeland Housing and Community Development Chris Moxon, Community Development Director John Seymour South Bay Community Services Southern California Housing Development Corporation Wally Dieckxnann, Chief Financial Officer Chelsea Investment Corporation Chip Murphy, Project Manager -- Chelsea Investment Corporation Ruben Islas Avalon Communities Staff Present: Jim Sandoval, Assistant Planning and Building Director Juan P. Arroyo, Housing Manager Leilani Hines, Community Development Specialist ~21'FY OF CHULA VISTA PAGE 117 OF 118 HOUSING ELEMENT 1999-2004 This page is intentionally blank. PAGE 118 OF 118 CITY OF CHULA VISTA ~ ~" HOUSING ELEMENT 1999-2004 COUNCIL AGENDA STATEMENT Item tL~ Meeting Date 05/28/02 ITEM TITLE: Report on the Status of Eastern Chula Vista Development and Tral'fic Issues SUBMITTED BY: Assistant City Manager Krempl Director of Public Works /~ Ix~ Director of Buildings_ ~ and Plarming~.~ REVIEWED BY: City Manager (9 ~ (4/Sths Vote: Yes__ No x ) The purpose of this agenda statement is to present a status report on the comprehensive traffic capacity enhancement package which was outlined to the City Council on May 31, 2001. The objective of the three part program is to address ongoing transportation issues in the City of Chula Vista prior to the construction of SR-125. The focus is to reduce traffic congestion and meet the City's traffic threshold standard while accommodating needed economic growth and development. In sum, making sure that infrastructure and growth are in balance and the community's quality of life standards are sustained. RECOMMENDATION: That the City Council accept the report and direct staff as follows: · To continue to analyze the high priority transportation improvements · To complete the construction of the balance of Olympic Parkway · To develop enhanced transit service · To implement appropriate transportation demand management measures · To continue to monitor the traffic volumes and levels of service on the critical transportation segments BOARDS/COMMISSIONS RECOMMENDATION: N/A BACKGROUND: Status as to Number of Building Permits Finaled Since Januarys 2000 Traffic forecasts conducted in June, 2000, estimated that an additional 9,429 dwelling units could be finaled (from January 1, 2000) at which point there could be a traffic threshold problem on Telegraph Canyon Road approaching 1-805 in the morning peak commute period. This was predicated on computer modeling of anticipated growth with Olympic Parkway all phases being complete in the year 2003 and various phases coming on line accordingly. Page 2, Item ~ Meeting Date 5/28/02 We now have concluded 2 1/3 years of development with the total number of units finaled (occupied) amounting to 6,684 (through April 30, 2002)~ The number of units permitted, but not yet occupied, for that same period is about 400 units higher. Olympic Parkway Opening Phase I In June 2001, the first phase of Olympic Parkway was opened between Brandywine Avenue and Heritage Road (Pasco Ranchero) as w¢11 as a city project between Oleander Avenue and Brandywine Avenue, to a full six lanes. Traffic counts revealed that the average daily traffic on Telegraph Canyon Road approaching 1-805 decreased by about 5,000 trips and the 1¢v¢1 of service increased to a "level of service C" for all periods of the day following the Olympic Parkway opening. Additional traffic analysis using the same model assumptions that were used to generate the forecast 9,429 unit limit were conducted in the Fall of 2001 using actual Olympic Parkway volumes on the phase I roadway instead of projected volumes. The result was a greater than anticipated usage of Olympic Parkway than initially modeled. Based upon that change, it was estimated that 10,381 units might be finaled prior to expecting a traffic threshold problem on Telegraph Canyon Road instead of the 9,429. Thus, depending upon which figures are used, another approximately, 2,700 to 3,700 units could be accommodated in the system without further capacity or traffic demand measures. This is probably a 12- 18 month time horizon should development proceed at the same rate as has occurred recently. DISCUSSION: A. Status of Various Transportation Improvements 1. Future Phases of Olympic Parkway With the exception of the interchange improvements at Olympic Parkway and 1-805, it had been assumed that all phases of Olympic Parkway would have been completed by the end of 2003. We are still on track, however, to have all phases of the roadway completed a year sooner, that is by the end of 2002. Otay Ranch Company's second phase of Olympic Parkway, from Heritage Road (Pasco Ranchero) to La Media Road, is proceeding well. The south half is paved and the north half paving is underway. McMillin's second phase, from La Media Road to East Palomar Street, is also proceeding and should be paved by July. Phase Three, from East Palomar Street to SR-125, should be completed by August. Staff is working with Eastlake expedite the remaining portion from SR 125 to Hunte Parkway to be completed by October. At that point, Olympic Parkway will be completed to its full width extending from just east ofi-805 all the way to the Olympic Training Center. Page 3, Item t q Meeting Date 5/28/02 2. Olympic Parkway and 1-805 Interchange The timeline for the 1-805 Interchange will lag somewhat from the completion of the rest of Olympic Parkway. A refined schedule is under discussion with CALTRANS since it will be their project to administer during the construction of the interchange improvements. In an effort to expedite the schedule, the City will be advertising and awarding the contract but CALTRANS will be administering the work. Tentatively, the project is expected to go out to bid at year end. Construction is expected to take approximately 18 months. A public outreach meeting will be scheduled soon with approximately 80 property owners that are within the project limits of East Palomar Street and Main Street/Auto Park Drive. Most of these properties will have sound barriers, such as sound berms and/or sound walls constructed along the back yard adjacent to the freeway or Olympic Parkway. As Council is aware, the original project scope was to widen the Olympic Parkway overcrossing bridge deck to accommodate additional lanes and also to widen the freeway on/off ramps to increase traffic capacity. Due to the environmental review process and related traffic capacity constraints between East Palomar Street and Main Street, the project will also construct auxiliary lanes between Olympic Parkway and Main Street and will also construct the sound barriers beyond the initially contemplated project limits. The auxiliary lanes are lanes that connect the northbound Main Street on-ramp to the northbound Olympic Parkway off-ramp. A similar lane is proposed for the southbound direction between these two intemhanges, which also requires the widening of the Main Street off-ramp. The need for these additional improvements became evident once amphitheater event traffic was studied. The changes have increased the project costs from $14.4 million to $21.4 million. During the CIP process, staff funded this shortfall with a $7 million loan from the Interim SR-125 DIF. In an attempt to fund this shortfall so that Interim SR-125 funds could be repaid, staff was informed that the SANDAG Board of Directors had allocated $35 million from the 2002 State Transportation Improvement Program (ST1P) towards Regional Arterial System projects. Project evaluation criteria was developed by the Cities/County Transportation Advisory Committee (CTAC) and as of the March 28, 2002 deadline, 19 project proposals from 11 local jurisdictions were submitted, including the one for Olympic Parkway from the City of Chula Vista. At the April 25th CTAC meeting, final scores for each project were established and the final ranking completed. The City's $7 million project funding proposal was ranked sixth out of the top seven recommended for funding. The Transportation Conmaittee reviewed CTAC's recommendation on May 9, 2002 and recommended approval of staff's recommendation to the SANDAG Board of Directors. The Board is scheduled to review the Transportation Committee's recommendation at their May 24, 2002 meeting. 3. Traffic Enhancement Projects The following traffic improvement projects are being evaluated to enhance traffic capacity. The projects are as follows: Page 4, Item i ~ Meeting Date 5/28/02 a) East "H" Street - Additional westbound lane from east of Hidden Vista Drive onto the 1-805 freeway. This widening will match future on rump widening proposed by Caltrans. b) Telegraph Canyon Road - Additional westbound lane fi.om east of the shopping center entrance onto the 1-805 freeway. These improvements will be adjacent to the shopping center and the two existing gas stations. c) Modifications from eastbound East "H" Street onto northbound 1-805 freeway to create an additional through lane (south side improvements) d) Expediting the construction of the southerly extension of He~ituge Road (Paseo Ranchero) from Olympic Parkway to Main Street. e) Expediting the construction of the extension of Mt. Miguel Road to Proctor Valley Road in San Miguel Ranch and f) The construction of an interim SR-125 surface roadway within the SR 125 ROW in the event that SR-125 construction is significantly delayed Preliminary design has occurred on each project as well as traffic studies to measure the effect of each improvement on the overall system. Preliminary cost information has also been developed. Staff and consultants meet monthly with the major developers who have deposited over $500,000 for the initial work. At the preliminary design stage, it appears that of all the traffic enhancement projects, the improvements to East "H" Street, Telegraph Canyon Road and the southside East "H" Street Improvement Project appear to be the most feasible, cost effective, timely, and beneficial enhancement projects. For these reasons, they are being pursued as the highest priorities. Mt. Miguel Road, and the Heritage Road extension south to Main Street are still being analyzed. Pursuit of the Interim SR-125 improvements is on hold pending the outcome of CTV getting the toll-road financing. B. Specific Project Status The following is a sununary of the proposed project currently under analysis: 1. East "H" Street/I-805 Westbound Turn Lane Status (Northside) City staff is looking into several retaining wall design concepts in order to determine what will be used for this project. The desire is to use a type of block that allows planting within the cells of the blocks so that the landscaping material covers the wall as it grows. City staff will be completing a landscape concept plan for the project area. A number of public comments received in response to the Notice of Initial study expressed concern about the aesthetic impacts of the project and from the construction of proposed retaining walls. The draft environmental document should be competed and out for public review this month. It is anticipated that a final environmental document will be brought forward for Council consideration in August. Page 5, Item __ Meeting Date 5/28/02 2. Telegraph Canyon Road Westbound Tum Lane Status (Northside) City staff is working on a landscape concept plan for the corridor. A number of the public comments received in response to the Notice of Initial Study addressed the aesthetic impacts that would result fi~om the loss of mature eucalyptus trees in fi:ont of the Vons Shopping Center. The environmental schedule for Telegraph is the same as the East "H" Street above. 3. Southside East "H" Street Improvement Project City staff met with CALTRANS design, environmental and traffic operations staff to discuss the proposed project. The City presented a draft design concept plan for CALTRANS to review and discuss with their staff. The City is moving forward with design work and coordinating with CALTRANS staff related landscaping, striping and traffic signal work. City staff mentioned that the goal is to have this project completed as soon as possible. CALTRANS has allowed us to order the needed traffic signal equipment now due to the lengthy delivery time. They also have requested that stamped decorative concrete be added to the existing asphalt median area. Additional project meetings are contemplated with CALTRANS staff. Environmentally, the project is a Class I categorized exemption as to CEQA. A tentative schedule, assuming a 60-day Caltrans encroachment permit process, will put this project into construction sometime in August. 4. Transportation Demand Management In addition to supply side improvements, staff has also been pursuing demand management. Demand management seeks to change travel behavior through adopting travel modes other than by single occupancy vehicles, or by avoiding peak travel periods. One focus involves city employees who reside east of 1-805. A staff survey has been completed and specific proposals for vanpooling, telecommuting, and work hour shifting are being prepared. A second effort involves, households in eastern Chula Vista, determining where they are employed their commuting patterns and their potential use of TDM measures. Under the City's direction, SANDAG hired a consulting firm who completed a survey of 400 households in eastern Chula Vista and prepared a final report. This report contained a conununity profile of the acceptability and likely use of TDM among residents in eastern Chula Vista. Recommendations on which specific TDM programs have the greatest chance of success for city residents in eastern Chula Vista were outlined. Additionally, an assessment of the potential peak hour roadway capacity impacts was prepared. These TDM programs are not being assessed in regard to the best approach for implementation, and a cost benefit analysis for each proposed component. 5. Transit Endeavors In addition, it should be noted that the City has made significant progress in moving forward on preparation of a long-range transit plan for Chula Vista and the South Bay, in Page 6, Item 1 ~ Meeting Date 5/28/02 cooperation with MTDB. Since Council's action to approve funding for this program last fall, MTDB and the City jointly conducted a consultant selection process, and hired Wilbur Smith and Associates to prepare this plan, and work on the project was initiated in early January. The overall time frame for completion of the plan is 12 to 15 months, which corresponds well with the overall schedule for the City's General Plan Update. At the same time, MTDB is continuing to evaluate a project that would introduce "Red Car" bus rapid transit service on the H Street Corridor from I-5 to Otay Lakes Road (with a connection to Otay Ranch Village 1) as one of five candidate "Transit First Showcase Projects" in the MTDB service area. On April 25, the MTDB Board of Directors approved an action plan for all five candidate projects which calls for proceeding on further enviromnental and engineering studies on all five projects, with the objective to accomplish full or phased implementation of each candidate project. The Board further clarified its intent to select one "Showcase Project" later this year that would be intended to "showcase" the full customer experience package that encompasses the long range transit vision, in terms of new design vehicles, upgraded stations, 10- minute service frequency throughout most of the day, close integration of transit into land use planning around stations, and other customer amenities. At the same time, the Board's intent would be to designate the remaining four projects as "Phased Implementation Projects" which would be planned and developed in a phased manner over time, based on available financial resources. Based on the criteria set forward by the Board staff and Board members, it appears most likely that the H Street project would be designated as a phased implementation project rather than the Showcase Project. On April 25, the MTDB staff also reported to the Board on the possibility of designating another Transit First project that would link the South Bay with job centers in the UTC and Sorrento Mesa area, and which could be eligible for special federal funding. This project, which has previously received support from Congressman Bob Filner, would utilize proposed HOV lanes in 1-805 to allow bus rapid transit service between these two areas, and could also be linked to the proposed H Street Corridor project at Terra Nova Plaza. The Board agreed to have its staff perform additional evaluation of this north- south link in conjunction with its evaluation of the other five candidate "Showcase Projects". C. Financing of Traffic Enhancement Projects 1. Transportation Development Impact Fee Update (TD1F) Staff, with consultant assistance, is preparing an update to the TDIF program. A major goal is to incorporate the new traffic enhancement proposals as possible future projects to be financed by the TDIF fee program. The additional lanes turning onto the 1-805 freeway at East "H" Street and Telegraph Canyon Road for example are not projects in the current TDIF. The sooner they can be added the quicker we will be able to make sure that new growth and future development pay for these enhancements. Page 7, Item -I Meeting Date 5/28/02 Other goals of the update are to revise the cost of projects, adjust the amount of planned development at build-out by subtracting out development that has occurred and updating recent project entitlements. Also, in many instances, developers pioneer facilities or construct infrastructure in excess of their required fee payments thus acquiring future credits. The TDIF report updates thc estimated amount of credits developers have based on constructed projects. Some of the key concepts involve reducing the rates for industrial projects significantly, eliminating some improvements from the program to reduce the magnitude of the increase (ie. East Palomar Street and 1-805 Interchange, La Media Road and Alta Otay River Crossings), and returning how we charge development (using density categories instead of dwelling types since the distinction between dwelling types is becoming more blurred). A series of meetings are underway with the BIA and the developers to review the update draft TDIF report. At this juncture, the fee is proposed to change from $6,240 per EDU to approximately $8,060 per EDU. The commercial generation rate is being reduced from 25 equivalent dwelling units (EDU's) per acre to 21, however, the fee would still increase from $156,000 per acre to $169,260 per acre. The good news is with regard to the industrial rate. The generation rate is proposed to be reduced from 20 EDU's per acre to 8 EDU's per acre. The net effect is to reduce the industrial rate fi.om $93,600 per acre to $64,480 per acre. A City Council public hearing on the TDIF Update will be scheduled for next month. 2. Community Facility Districts (CFD's) A method to guarantee the financing and construction of the enhancement projects is to include them in upcoming CFD projects. New CFD's are pending for Trimark, McMillin, Eastlake, Otay Ranch and possibly Brookfield/Shea. The next CFD that will be coming forward to Council will be for San Miguel Ranch. It is proposed that the CFD include about one million dollars for the projects fair share of the improvement costs for the East "H" Street Project. Other CFD's will have similar requirements. FISCAL IMPACT: None to the City. The developers have deposited $519,580 toward processing of the traffic enhancement projects and the TDM study. It is proposed that the enhancement projects be added to the City's transportation development impact fee program. In addition, the City will be looking toward community facility districts and other funding techniques to guarantee the construction costs for the improvements. File No. 0735-10-CY-100 Yolandag/A113 Enhancement MAY 14 2002_fxr.doc 5/22/02 9:38 AM Council Agenda Statement Item Number Meeting Date May 28, 2002 ITEM TITLE: Resolution Consideration of Adoption ora Resolution Approving a Decision to Extend the Agreement with Organic Recycling West for Composting Services through October 31, 2002, and Approving a Franchise Implementation Agreement with Pacific Waste Se~ices for the Use of Green Waste as Alternative Daily Cover Commencing November 1, 2002. SUBMITTED BY: Michael T. Meacham, Special Operations Manager ~'~~ REVIEWED BY: David D. Rowlands, Jr., City Manager01/~_~ (4/Sths Vote Yes No X BACKGROUND: In 1993, Laidlaw Waste Systems (Laidlaw) began to collect green waste from Chula Vista generators as part of the City's recycling program. At that time Laidlaw contracted directly with Organic Recycling West (ORW) to process and market the material collected in Chula Vista. In 1997, at Laidlaw's request the City entered into a 60 month agreement (through April 30, 2002) with ORW for processing, marketing and composting of green waste that reduced the per ton fee to Laidlaw by approximately 18%. Pacific Waste Services (Pacific) has continued to deliver the City's green waste to ORW since they acquired the City's Solid Waste and Recycling Franchise Agreement. On April 23, 2002 Council extended the Agreement with ORW for 30 days and directed staff to work with ORW to clarify the issues regarding the City's diversion of green waste and return to Council in two weeks. Staffbegan a series of meetings with ORW and Pacific on April 24, 2002 to identify issues and develop alternatives that could potentially meet the City's, Pacific's and ORW's needs. On May 14, 2002 Council directed staffto work with ORW to attempt to develop the terms for a six month extension, after which time the City's green waste would be processed by Pacific Waste Services. RECOMMENDATION: Approve the resolution executing a decision to extend the Agreement w/th Organic Recycling West for compost processing and marketing services through October 31, 2002 and authorizing a Franchise Implementation Agreement for the use of green waste as Alternative Daily Cover with Pacific Waste Services that shall take effect on November 1, 2002. This action would provide ORW with six-months notice in the form of an extension beyond the original contract term. BOARD AND COMMISION RECOMMENDATION: The Resource Conservation Commission reviewed the recommendation on April 15, 2002. A majority of the quorum (but not the entire Commission) voted (3 to 1) to support a staff recommendation not to extend the agreement with ORW so no official action was taken. DISCUSSION: The proposal before Council extends the agreement with ORW for six months from the end of the original agreement April 30, 2002 to October 31, 2002. At that time Pacific Waste Services would take over the responsibility for processing and diverting the City's green waste. The proposed Agreements with Pacific and ORW contain a number of conditions designed to protect the City fi"om liability and to provide benefits to both the City and its ratepayers. Page 2 Item No. Meeting Date: May 28, 2002' ORW EXTENSION Staff has negotiated the following terms and conditions for a six-month extension with ORW. These terms substantially mitigate the risks identified by staff at previous Council meetings. Mitigation of Liability & Reporting · Prior to granting the extension, ORW shall prepare and certify a report that outlines the source and volume of existing materials located at the site. The report shall include an estimate of the cost for final disposition of any and all material from Chula Vista includ~g the existing material and additional materials delivered to the site during the extension period. · ORW shall prepare and submit a marketing plan that assures the timely disposition of all.. material generated in Chula Vista in a manner consistent with the California Integrated Waste Management Act of 1989 (AB 939). In the Agreement ORW shall commit to executing the marketing plan and shall have sold and removed al_~l material containing green waste from Chula Vista by June 30, 2003. · After June 30, 2003 ORW shall have the obligation to deliver any remaining Chula Vista materials on site to the Otay Landfill within 30 days for use as ADC. The full cost of final disposition of this material shall be at ORW's expense including but not limited to the loading, hauling and tipping fees for each class of material. ORW's obligation to remove and dispose of Chula Vista material shall be secured by a $150,00 performance bond, letter of credit, or cash deposit. · ORW shall prepare and submit operational standards and reporting requirements that assure compliance with all applicable laws, permits and industry standards and best management practices. That plan shall include provisions consistent with the approved marketing plan, and a four-week limitation on material that is not ground to three inches in size or less. ORW shall also provide the City with daily records (tipping receipts and summary) certifying the source and quantity of materials delivered to the site. The City shall have the right to inspect the facility during regular business hours by calling ORW at least one hour in advance, and the City shall conduct regularly scheduled monthly inspections. · ORW shall indemnify, defend and hold the City harmless from, and against, any and all claims relating to the delivery, storage, sale or other disposition of all materials at the site, and any related hazardous materials claims. This indemnity shall survive the termination of ORW's agreement with the City. ORW shall maintain general liability insurance naming the City as an additional insured until all Chula Vista source generated materials have been removed from the ORW site. · ORW shall waive and release any and all claims against the City and Pacific arising from ORW's green waste processing for the City and Pacific, under the original agreement and extension, as well as the City's decision not to extend the ORW contract. Page 3 Item No. Meeting Date: May 28, 2002 Ratepayer Protection ·ORW shall reduce its tipping fees charged to the City and Pacific for materials generated in Chula Vista by $2 per ton commencing June 1, 2002. Pacific Components of Proposal · Pacific shall continue to deliver all green waste collected in the City by Pacific to ORW until October 31, 2002. · if the ORW marketing plan fails, Pacific shall accept green waste that has been screened and ground to a consistency of 3 inch minus or less as ADC for $5 per ton. Pacific's obligation to provide the $5 tipping fee shall be limited to the remaining daily allowance for ADC at the Otay Landfill Any material delivered each day above the allowance shall have an additional $3 handling charge for a total of $8 per ton. · Pacific shall adhere to all other components of the agreement with ORW and the extension including but not limited to prompt payment. PACIYIC GREENWASTE PROGRAM · Pacific will guarantee to collect and process yard waste as alternative daily cover, or by other methods approved by the City and allowed under the California integrated Waste Management Act of 1989 (AB 939) for diversion credit, for the life of the Franchise Agreement. · Pacific will further insure diversion by giving the City's green waste material priority for use in their daily ADC allocation. · Pacific also agrees to provide the City with 20 to 30 acres of land at the landfill upon closure for use as a City compost site. The land will be provided to the City at no charge. : · Pacific will forgo any request for an extraordinary increase due to the new five year labor agreement, conversion to bio-fuel, AB 1220 or any other conditions for this fiscal year. · Pacific will accept clean dirt delivered to the Otay Landfill by City crews in City vehicles at no charge and utilize the material as ADC. ·Yard waste delivered to the Otay Landfill by City crews and sub-contractors will be accepted at no charge and will no longer be applied to the City's annual fi'ce disposal allotment. ·Pacific will arrange with the Otay Landfill Company for residents to have regular access to chipped green waste material at no charge. ·Pacific shall continue to explore alternatives to the Green Waste ADC program that result in value added products (e.g. compost and mulch) Page 4 Item No. Meeting Date: May 28, 200~ CONCLUSION ORW has provided a detailed inventory of the material on site by volume, weight and the estimated number of track trips needed to remove the material from the site. ORW and Pacific have also estimated the amount of matex/al that would be generated during a six-month extension. The current inventory has been substantiated by a recent estimate by the City of San Diego, Local Enforcement Agency (LEA), which recently conducted an estimate as part of a permit expansion. An estimate of the current material inventory was also done by a representative fi'om the Otay Landfill Company that is very famihar with loading and hauling large amounts of material, and both estimates where reviewed by City staff. ORW has provided an operation and a marketing plan designed to process the material and move it to a final end use within six to eight months of delivery. ORW has agreed to schedule monthly site inspections and provide staff access to inspect at anytime with one-hour notice. These components of the agreement allow the City to limit the liability fi'om the delivery of materials during the extension by monitoring the progress of ORW's processing and marketing plans. The City can also control future exposure through a termination clause. If the City notifies ORW that they are not in compliance with the Agreement, ORW will have seven days to cure the issue before the City terminates the Agreement. To further control those risks ORW will continue to name the City as an additional insured in their general liability coverage throughout the term of the agreement, and establish a substantial performance bond that will not be released by the City until ORW has certified that all Chula Vista material has been removed from the site and diverted in a manner acceptable under AB 939. The Otay Landfill Company has also agreed to accept any ground material not marketed by ORW as Alternative Daily Cover (ADC) for $5 to $8 per ton depending on quantity of material delivered each day. That offer provides ORW and the City with a relatively low cost option that assures final disposition of the material that qualifies for diversion. Staff recommends that the City Council extend the agreement with ORW to October 31, 2002. Staff further recommends that the City accept Pacific Waste's proposal, and make it effective November 1, 2002 and amend the proposed agreement with Pacific to include the clarification for responsibility for the disposition of green waste once it is collected by Pacific, the ADC priority for City material and add 20 to 30 acres of land for composting operations at the landfill upon closure. FISCAL IMPACT: There will be no impacts to the general fund as a result of approving the proposed resolution. When materials are diverted to the landfill for processing tree trimming crews will reduce their travel time by an average of four hours per week, which will produce some productivity gains and allow tree-trimming crews to spend more time trimming and less time traveling to and fi.om the recycling site. The estimated value of that savings or productivity is $20,000 per year. Similar benefits may be incorporated into tree trimming contracts. The Agreement also provides for free disposal of clean soil. The City does not pay to dispose of soil currently however the current disposal sites are reaching full capacity. The Public Works Department places the benefit from avoided costs for soil disposal fi.om this Agreement at between $150,000 per year to $300,000 per year depending on the amount of soil generated in a given year. RESOLUTION NO. 2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A DECISION TO EXTEND UNTIL OCTOBER 31, 2002 THE AGREEMENT WITH ORGANIC RECYCLING WEST FOR COMPOSTING SERVICES, AND APPROVING A FRANCHISE IMPLEMENTATION AGREEMENT WITH PACIFIC WASTE SERVICES FOR THE USE OF GREEN WASTE AS ALTERNATIVE DAILY COVER COMMENCING NOVEMBER 1, 2002 WHEREAS, on July 13, 1999, upon City's adoption of Ordinance No. 02792, city and Pacific Waste services ("Pacific") entered into that certain Amended and Restated Solid Waste Disposal and Recycling Franchise Agreement ("Franchise Agreement"), effective July 1, 1999, pursuant to which city granted Pacific the City's solid waste disposal and recycling franchise on the terms and conditions set forth therein; and. WHEREAS, on September 25, 2001, upon City's adoption of Ordinance No.2844, City and Pacific entered into that certain First Amendment to Amended and Restated Solid Waste Disposal and Recycling Franchise Agreement ("First Amendment"), pursuant to which City and Pacific implemented the Variable Rate Structure for collection and disposal of solid waste and recyclables contemplated by Section 7.3.3 of the Franchise Agreement; and. WHEREAS, the Franchise Agreement, as amended by the First Amendment, is referred to hereinafter as the "Franchise" . Except as otherwise expressly provided herein, all capitalized terms used herein shall have the meanings ascribed thereto in the Franchise; and WHEREAS, section 8.5.2 of the Franchise provides for the delivery of Green Waste to ORW for processing into compost under a contract with the city ("ORW Agreement"). In the event City chooses not to renew the ORW Agreement, Pacific has the opportunity to incorporate the Green Waste program into its own operations. The City has chosen not to renew the ORW Agreement; and WHEREAS, Pacific has proposed to use Green Waste collected within the City as Alternative Daily Cover ("ADC") at the Otay Landfill. Because Pacific's proposal has the potential to assist the City in meeting it's AB 939 diversion obligations, and to provide other benefits under the /5-5 Franchise, city is willing to implementation of Section 8.5.2, Green Waste program, on the terms herein; and. allow this alternative and the revision of its and conditions set forth WHEREAS, ORW has requested, and the City has agreed, on certain terms and conditions, to a transition period until October 31, 2002 under the ORW Agreement. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby: 1. Approve an extension of the ORW Agreement until October 31, 2002 on the terms presented in that certain letter agreement between City and ORW dated May 24, 2002. 2. Approve an Agreement with Pacific for the use of Green Waste as Alternative Daily Cover commencing November 1, 2002 on the terms presented in that certain Solid Waste Disposal and Recycling Franchise Implementation Agreement [Green Waste] dated May 28, 2002. BE IT FURTHER RESOLVED that the City Manager of the city of Chula Vista is hereby authorized to execute said agreements for and on behalf of the City of Chula vista in final forms approved by the city Attorney, copies of which shall be kept on file with the City Clerk. Presented by Approved as to form by Michael Meacham Special Operations Manager J:\attomey\reso\Franchise Implementation ADC /5--( 2 CHULA VISTA OFFICE OF THE CITY MANAGER May 24, 2002 Fred Alexander, Owner Organic Recycling West, Inc. 1202 La Media Road San Diego, Ca. 92154 RE: Agreement between City Of Chula Vista ("City") and Organic Recycling West, Inc. ("ORW") for Green Waste Processing, Mulching, Composting and Marketing Services dated May 27, 1997 ("Agreement"). Dear Mr. Alexander: The above-referenced Agreement was set to expire on April 30, 2002. The parties agreed to an extension of the Agreement until May 31, 2002 pursuant to that certain letter agreement dated May 2, 2002. ORW has requested that the City extend the Agreement until October 31, 2002. Although City has no obligation or duty of any kind to agree to ORW's request, City is willing to agree to ORW's request subject to and on the terms and conditions set forth below. 1. In General. The existing ORW/City contract dated May 27, 1997 ("Agreement") shall be extended from June 1, 2002 until October 31,2002 ("Extended Term") subject to the terms and conditions set forth herein ("Extension"). No additional extensions shall be granted. 2. Mitigation of Liability: a. Existing/Projected Conditions. Prior to the granting of the Extension, ORW shall prepare a certified report that sets forth (i) the source, composition and volume of existing mater/als located at the ORW operations site at 1202 La Media Road in San Diego, California ("ORW site"); and (ii) an estimate of the source, composition, volume and disposal cost of any and all Chula Vista source generated material expected to be at the ORW site at the end of the extension period ("Existing/Projected Conditions Report"). ORW shall provide back-up documentation that corrobates the report at City request. The Existing/Projected Conditions Report shall be attached hereto as Exhibit A and is incorporated herein by this reference. ORW represents and warrants that the Existing/Projected Conditions Report was prepared in accordance with industry standards based on actual observations and/or measurements of materials at the ORW site and is'a true and accurate assessment of existing site conditions. b. Marketing. Prior to the granting of any extension, ORW shall prepare and submit for City approval a compost/mulch marketing plan ("marketing 276 FOURTH AVENUE · CHULA VISTA · CALIFORNIA 91910 · (619) 691-5031 · FAX (619) 409-5884 Fred Alexander May 24, 2002 Page 2 Plan"). The Marketing Plan shall include marketing strategies that assure the continuous and timely disposition of all Chula Vista source generated material (both existing and futurej in a manner consistent with California Public Resources Code Sections 41780, et seq. ("Diversion Laws"). ORW shaI1 strictly comply with the Marketing Plan. The Marketing Plan shall be attached hereto as Exhibit A and is incorporated herein by this reference. No Chula Vista source-generated material shall be marketed as, or disposed for use as, boiler fuel or for land application other than for purposes of agricultural soil amendment of twelve inches or less. c. Operational Plan. Prior to the granting of any extension, ORW shall prepare, and submit for City approval, a program of operational standards and reporting requirements that assure compliance with all applicable laws, permits and industry, standard best management practices applicable to ORW's operations at the ORW site and tracks the source, composition and volume of mater/als arriving at and leaving the site ("Operational Plan"). The Operational Plan shall include, without limitation, provisions consistent with the approved Marketing Plan, a four week limitation on tbe accumulation of unprocessed material, delivery to the City of daily records certifying the source and quantity of any and all materials delivered to the site, and a City right to inspect operations with two-hours notice during regular business hours, plus monthly scheduled visits. ORW shalI strictly comply with the Operational Plan. ORW agrees to accept Chula Vista source generated green waste set-out for collection and delivered in plastic bags. ORW will allow Chula Vista residents to obtain up to t~vo cubic yards of finished compost or mulch per Saturday during regular business hours at no charge during the Extended Term. Residents are responsible for loading the material themselves. d. Disposal of Unsold Materials. In the event that by June 30, 2003, ORW has not properly disposed of alt Chula Vista source generated materials at the site in accordance with the Marketing Plan, by no later than 30 days after written notice fi.om City, ORW shall, at ORW's sole cost, deliver any and all such materials that remain at the site to the Otay Landfill for use as alternative daily cover ("ADC"). To the extent Chula Vista source generated materials cannot be distinguished fi'om non-Chula Vista materials, City reserves the right to require the disposal of enough co- mingled material to assure the complete disposal of Chula Vista material. City shall include in its agreement with Pacific Waste Services and Otay Landfill Inc. a provision whereby Otay Landfill Inc. agrees to charge a tipping fee of no more than $5 per ton for materials that can be used as ADC on the day of delivery; and $8 per ton for materials that must first be stored and then used as ADC on subsequent day(s) due to limited landfill ADC capacity. In order to secure its obligations under this Section 2.d., prior to the grant of this Extension, ORW shall obtain, at its sole cost, and deliver to the City a $150,000 performance bond on the City's approved form issued by a third party surety admitted to do business in California, CITY OF CHULA VISTA Fred Alexander May 24, 2002 Page 3 with a Best's rating of A-V or better. In lieu of a surety bond, ORW may post an irrevocable letter of credit issued by a bank in a form approved by City, or a cash bond in an equivalent amount. e. Indemnity. In addition to the indemnities provided in Section 7 of the Agreement, ORW shall indemnify, defend and hold the City, its elected and appointed officers and employees, harmless from and against any and all claims for damages, liability, cost and expense (including attorney's fees) relating to the delivery, storage, sale or other disposition of materials, or other operations, at or around the site, and any related hazardous materials claims or remediation costs or obligations. ORW's obligations under Section 7 of the Agreement, and this Section 2.d., shall survive the termination or expiration hereof. f. Waiver/Release. ORW hereby waives, releases, acquits, and forever discharges City, Allied Waste North America, Inc. and Otay Landfill, Inc. (collectively the "Released Parties") to the maximum extent permitted by law, of and from any claims, actions, causes of action, demands, rights, liabilities, damages, losses, costs, expenses or compensation whatsoever, direct or indirect, known or unknown, foreseen or unforeseen, that now exist or that may arise in the future on account of or in any way growing out of or connected with such parties conduct under the terms of the Agreement or the Extension, the City's decision not to renew the Agreement or the delivery of Chula Vista source generated materials to the ORW site, including, without limitation, the physical and environmental condition of the delivered materials. In connection with the foregoing release, ORW acknowledges and expressly waives any of its rights under California Civil code Section 1542, which provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which is known by him must have materially affected his settlement with the debtor." Notwithstanding the foregoing, the acknowledgment and release set forth in this Section 2.3 is not intended to, and shall not, release or discharge any duties or obligations of the Released Parties that are expressly set forth in this Agreement or the Extension. g. Insurance. ORW's obligation to maintain general liability insurance with the City named as an additional insured; pursuant to Section 1.E. of the Agreement, shall continue in effect until alt Chula Vista source generated materials have been removed from the ORW Site. /5-7 CITY OF CHULA VISTA Fred Alexander May 24, 2002 Page 4 3. Ratepayer Protection. Commencing June 1, 2002, ORW shall charge a maximum tipping fee that is $2 per ton less than the current contract prices under the Agreement to all haulers of Chula Vista source generated materials delivered to the ORW site. 4. Default. In the event of a default by ORW under the Agreement, or the terms of this Extension ("Default"), City shall give ORW a 7-day notice and opportunity to cure. In the event that (a) a Default is not subject to cure, (b) a Default is subject to cure, but ORW fails to cure such default within the 7-day cure period, or (c) ORW is in default on more than three occasions, City shall have the right to terminate the Agreement on a 3-day notice to ORW. For purposes of this Extension, "Default" shall mean a violation of any term or condition of the Agreement, the Extension, or any applicable laws, permits or agreements applicable to or required for the operations of ORW's business at the ORW site. 5. Amendment to Agreement. This Extension operates to amend the Agreement. Except as provided herein, ail other terms and condition of the A~eement shall remain in full force and effect throughout the Extended Term. 6. Corporate Authority. Each individual executing this Extension on behalf of ORW represents and warrants that he/she is duly authorized to execute and deliver this Extension on behalf of said corporation, in accordance with a duly adopted resolution of the Board of Directors of the corporation, or in accordance with the bylaws of the corporation, and that this Extension is binding upon the corporation in accordance with its terms, and that ORW is a duly qualified corporation and all steps have been taken prior to the date hereof to qualify ORW to do business in the state where the premises are situated. This Extension shall become effective upon (a) your a=oreement with its terms, ~vhich you should indicate by executing three of the enclosed copies and returning them to my attention prior to May 28, 2002 at 12:00 p.m., and (b) City Council approval hereof, in its sole discretion, by formal resolution. City Council consideration of the Extension is currently scheduled to occur on May 28, 2002 at 6:00 p.m. at City Council Chambers. CITY OF CHULA VISTA ORGANIC RECYCLING WEST, 1NC. ex-- David [57-R-owlafids, Jr. City Manager [Print Name and Title] Approved as to form by City Attorney iC-IO CiTY OF CHULA VISTA (Exhibit A) Organic Recycling West, Inc. Volume Estimates, Marketing Plan and Operational Standards for Proposed Six Month Expansion of Contract with Chula Vista On-site Volume As of May 16, 2002, when Organic Recycling West, Inc. (ORW) and Pacific Waste (PW) performed a joint site review/estimate of materials on the ORW facility, total tonnage was estimated ~ 6,206 tons (T), and total cubic yards (cy) was estimated ~ 17,900. Volume of Chula Vista (CV) material on-site is estinmted @ 70% of green waste, or 2,369T and 7,106cy (Note: 3,840T of total material on-site is not CV's material). It is important to note that of the total 2,369T of CV material on-site, less than 10% (233T) was unprocessed, 66% (1,568T) was actively composting, and 24% (569T) was finished material ready for market. Six-month Volume In the six-month period of proposed contract extension (May I - October 31, 2002), ORW estimates it will receive approximately 9,000T (27,000cy) of green waste from CV, resulting in 1,570T (3,140cy) of finished compost and 4,650T (13,950cy) of finished mulch, or a total of 6,220T (17,090cy). Marketing Plan Overview for CV Material ORW currently markets a product line of 15 various soil amendments, topsoils, and mulches. Its average monthly sales volume is between 3,000 and 6,000cy, and expected to grow to approximately 5,000-10,000cy/month by the end of 2002. Finished compost is marketed as a soil amendment in several grades and incorporated into standard and custom topsoil blends, which vary with customer specification. ORW currently sells - on an regular basis - an average of 400cy/month of soil amendment to an existing customer base of 15 small landscapers, 500 cy/month of soil amendment and topsoil to 6 large landscape companies, I00 cy/month soil amendment to nurseries, and 100 cy/month soil amendment to retail outlets. Other markets include housing developments and commercial growers. ORW is currently finalizing a partnership with a firm that has access to a 2,500cy/month demand for soil amendment by commercial growers in Mexico, is negotiat'mg two retail agreements requiring more than 3,000 cy/month, and has a commitment from a central California company to purchase up to 2,500cy/month of gypsum- amended compost. Approximately 20% of finished compost produced fi.om CV material will be marketed by January 15, 2003, and the 80% balance will be marketed by the deadline of Jnne 30, 2003. ORW's mulches are processed into several grades, and marketed to residential and commercial developments and landscapers. An average of 2,000cy/month are sold to an existing customer base of 15 small landscapers and 6 larger landscape companies and 500cy/month to retail sellers. Approximately 25% of finished mulch produced from CV material will be marketed by February 1, 2003, and the balance will be sold by the deadline of June 30, 2003. In the unlikely event any finished product created from CV material is not sold by June 30, 2003, it will be delivered to PW at ORW's cost of $5/ton up to PW's daily allotment, and $8/ton after that. I:-/I Since PW is allowed to use ADC ~ 15% of its trash intake, or approximately 600 tpd by their own estimate, it is not anticipated that material delivered by ORW for ADC will exceed their daily allotment. Operational Standards ORW will submit monthly reports to CV on received volume. ORW grants CV staff the right to inspect its facility and records on receipt of CV material on any given business day during the six- month period, but requests the courtesy ora phone call an hour or more in advance of the proposed visit. Since processes used at the facility are proprietary, ORW asks that only CV staff attend these inspections. ORW will accept green waste in bags, as long as such bags are incidental to the material volume delivered and they do not contain garbage. Although standard operating procedure, ORW affirms to CV that green material received fi.om CV will be pre-screened within a two-week period and the fraction removed for grinding will be ground within a 4 week period. ORW will continue to be inspected by the LEA and other' regulatory agencies, which shall provide additional oversight to the operation. ORW's processing operation consists of pre-screening green waste, separating the fines and brash or woody fi.action, grinding the woody fi.action, and moving the fines directly into rows for composting. Ground brush will be placed into windrows for composting or sold directly depending on market demand. Average residence for brush mulch is between 1-3 months. Fines shall be composted to meet pathogen reduction requirements, achieve consistency in particle size, color and biological stability. Composting time for fines is approximately 3-5 months, with one month for curing. Aeration and watering will be performed on a weekly basis or as necessary to achieve pathogen reduction and a marketable product. Compost may be screened again at the end of the curing process to create various grades of soil amendment. ORW remains committed to providing CV with reasonable tipping fees and the highest value markets for products produced fi.om its green waste. ORW believes it's currently providing beneficial services to CV at fair value, and intends to continue these services for the duration of the proposed contract expansion. The undersigned hereby certifies, represents and warrants that the information contained herein was prepared in accordance with industry standards, and is true and correct to the best of my knowledge. Fred Alexander Organic Recycling West, Inc. DRAFT THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALL Y SIGNED UPON APPROVAL BY THE CITY COUNCIL C~ç ( J6~ M. KÊ~~Y " ~ty Attou Dated: 5 /21-/62- ¡ / SOLID WASTE DISPOSAL AND RECYCLING FRANCHISE IMPLEMENTATION AGREEMENT [GREEN WASTEI JS-/.~, DRAFT SOLID WASTE DISPOSAL AND RECYCLING FRANCHISE IMPLEMENT A TION AGREEMENT [GREEN WASTE] This SOLID WASTE DISPOSAL AND RECYCLING FRANCHISE IMPLEMENTATION AGREEMENT [GREEN WASTE] ("Agreement") is entered into effective as of May 28, 2002 ("Effective Date") by and between the CITY OF CHULA VISTA, a chartered municipal corporation of the State of California ("City"), and ALLIED WASTE NORTH AMERICA, INC., a Delaware corporation, dba PACIFIC WASTE SERVICES ("Pacific"), with reference to the following facts: A. On July 13,1999, upon City's adoption of Ordinance No. 02792, City and Pacific entered into that certain Amended and Restated Solid Waste Disposal and Recxcling Franchise Agreement ("Franchise Agreement"), effective July I, 1999, pursuant to which City granted Pacific the City's solid waste disposal and recycling franchise on the terms and conditions set forth therein. B. On September 25,2001, upon City's adoption of Ordinance No.2844, City and Pacific entered into that certain First Amendment to Amended and Restated Solid Waste Disposal and Recycling Franchise Agreement ("First Amendment"), pursuant to which City and Pacific implemented the Variable Rate Structure for collection and disposal of solid waste and recyclables contemplated by Section 7.3.3 of the Franchise Agreement. C. The Franchise Agreement, as amended by the First Amendment, is referred to hereinafter as the "Franchise". Except as otherwise expressly provided herein, all capitalized terms used herein shall have the meanings ascribed thereto in the Franchise. D. Section 8.5.2 of the Franchise provides for the delivery of Green Waste to ORW for processing into compost under a contract with the City. In the event City chooses not to extend its contract with ORW, Pacific has the opportunity to incorporate the Green Waste program into its own operations. The City has chosen not to extend the ORW contract. E. Pacific has proposed to use Green Waste collected within the City as Alternative Daily Cover ("ADC") at the Otay Landfill. Because Pacific's proposal has the potential to assist the City in meeting it's AB 939 diversion obligations, and to provide other benefits under the Franchise, City is willing to allow this alternative implementation of Section 8.5.2, and the revision of its Green Waste program, on the terms and conditions set forth herein. / ~, / Lj I NOW, THEREFORE, in consideration of the above recitals, the covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which the parties hereby acknowledge, City and Pacific hereby agree as follows: 1. Delivery of Green Waste to the Otay Landfill and use as ADC. a. For the period commencing June 1,2002 and ending October 31,2002, Pacific shall continue to deliver Green Waste to ORW pursuant to the terms of Section 8.5.2 of the Franchise, the City's Agreement with ORW for Green Waste services ("ORW Agreement), and that certain letter agreement between the City and ORW dated May 24, 2002 ("Extension Agreement"). Pacific shall strictly comply with the ORW Agreement and the Extension Agreement. Pacific agrees to cause Otay Landfill, Inc. to charge ORW the reduced tippings set forth in Section 2.d. of the Extension Agreement. b. Commencing November I, 2002 Pacific shall deliver Green Waste collected under the Franchise to the Otay Landfill, and cause it to be used as ADC at the Otay Landfill, throughout the term of the Franchise, in a manner which qualifies, pound for pound, as waste stream diversion under the California Integrated Waste Management Act of 1989 or any equivalent Applicable Law ("Diversion Laws"). Green Waste generated in the City shall, at all times, have priority access to the Otay Landfill's ADC capacity over Green Waste generated outside the City. In the event of a Change of Law within or affecting the Diversion Laws that requires a different ADC process, or eliminates ADC as a qualified waste stream diversion, subject to City's prior written approval, Pacific shall modify its ADC process to comply with such Change of Law, or process Green Waste in a manner that does qualify for pound for pound waste strearn diversion, as the Change of Law requires. Pacific shall provide the Green Waste service and ADC processing contemplated hereby within the existing General Service Rates structure under the Franchise, subject to any and all allowed Rates increases and limitations set forth therein. 2. Additional City Benefits. In consideration for City's approval of the conversion to a Green Waste ADC program, throughout the term of the Franchise, Pacific agrees as follows: a. Tree Trimming Exemption. Pacific will cause the acceptance at the Otay Landfill of Green Waste, including, without limitation, palm fronds and clean lumber, delivered by City crews and City contractors working on City projects, free of charge. This Green Waste will not be counted as part of the City's free disposal tonnage at the Otay Landfill under Section 4.4.1 of the Franchise. b. Clean Dirt/Fill Exemption. Pacific will cause the acceptance at the Otay Landfill of clean dirt and fill delivered by City crews generated as a result of maintenance of City property or installation of City infrastructure, free of charge. This clean dirt and fill will not be counted as part of the City's Is- /E-: 2 free disposal tonnage at the Otay Landfill under Section 4.4.1 of the Franchise. For purposes of this Section "clean" dirt or fill shall be dirt or fill that is free of asphalt, concrete, trash, pipe, petroleum and chemicals that are typically not found in excavation of undisturbed ground; provided, however that processed rock products such as aggregate base, aggregate sub-base, decomposed granite, and similar materials, shall be allowed. c. Free Material For Chu1a Vista Residents. Pacific will arrange for at least three advertised events per calendar year for Chu1a Vista residents to obtain, free of charge, chipped green waste, "mulch" or, at Pacific's discretion, compost. Such events shall be held at the Otay Landfill, or at another convenient site approved by City within the City. d. Cooperation with Future Composting Opportunities. Pacific agrees to meet and confer with the City from time to time, as City may reasonably request, to explore alternatives to the Green Waste ADC program that would maximize Green Waste diversion during and beyond the operation of the Otay Landfill and would result in the creation of a value added product (e.g., compost). Upon closure of the Otay Landfill, Pacific shall cause Otay Landfill, Inc. to make available to the City, in perpetuity, at least 20, and up to 30, acres of land suitable for use as a wholesale compo sting operation. Specific site location and size shall be subject to City's reasonable approval. e. Green Waste Landfill Passes. Pacific shall give Small Quantity Generators within the City two (2) free Green Waste disposal passes per calendar year for use at the Otay Landfill for a single vehicle no greater than one ton in capacity each. Each vehicle load of Green Waste brought to the Otay landfill by a Small Quantity Generator shall be used as part of the ADC, compo sting or other program eligible for diversion credit under then applicable Diversion Laws. 3. Clarification ofIndemnity Obligation. As a clarification only, effective as of the effective date of the Franchise, Pacific acknowledges and agrees that its indemnification, defense and hold harmless obligations under Section 10 of the Franchise have always covered, and shall continue to cover "Losses" (as defined therein) arising from Pacific's collection, hauling, disposal or use of "Green Waste" and "Recyclables" (as defined in the Franchise). 4. Interrelationship Between this Agreement and the Franchise. This Agreement sets forth the terms and conditions of the City's Green Waste program, and implements the relevant provisions of Section 8.5.2 of the Franchise. This Agreement shall be attached to the Franchise and shall be incorporated therein. I~-f/.,.. 3 A default by Pacific in its obligations under this Agreement shall also be considered a default under the Franchise. To the extent of any conflict between Section 8.5.2 of the Franchise and this Agreement, the terms of this Agreement shall govern. 5. Binding on Successors and Assigns. This Agreement shall be binding on all signators hereto, and their respective successors and assigns. 6. Corporate Authority. Each individual executing this Extension on behalf of ORW represents and warrants that he/she is duly authorized to execute and deliver this Extension on behalf of said corporation, in accordance with a duly adopted resolution of the Board of Directors of the corporation, or in accordance with the bylaws of the corporation, and that this Extension is binding upon the corporation in accordance with its terms, and that ORW is a duly qualified corporation and all steps have been taken prior to the date hereof to qualify ORW to do business in the state where the premises are situated. [NEXT PAGE IS SIGNATURE PAGE] 15- /1 4 SIGNATURE PAGE TO SOLID WASTE DISPOSAL AND RECYCLING FRANCHISE IMPLEMENT A TION AGREEMENT [GREEN WASTE] IN WITNESS WHEREOF, City and Pacific have entered into this Agreement as of the Effective Date. CITY: PACIFIC: City ofChula Vista Allied Waste North America, Inc., a Delaware corporation, dba Pacific Waste Services Shirley Horton, Mayor By: Attest: James T. Ambroso District Manager City Clerk Approved as to form by City Attorney BY SIGNING BELOW OTAY LANDFILL, INC. ACKNOWLEDGES AND AGREES TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AS THEY RELATE TO THE OTAY LANDFILL OR OTHER ACTIVITIES OR PROPERTIES WITHIN ITS CONTROL AND TO COOPERATE WITH PACIFIC TO FACILITATE PACIFIC'S PERFORMANCE OF ITS OBLIGATIONS HEREUNDER Otay Landfill, Inc. By: Its: J:\Attomey\AGREE\Green Waste Agreement (3).doc /5- / J 5