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Agenda Packet 2002/12/17
CITY COUNCIL AGENDA December 17, 2002 6:00 p.m. Council Chambers Public Services Building 276 Fourth Avenue, Chula Vista CI'IY OF CHULA VISTA City Council Patty Davis John McCann Jerry R. Rindone Mary Salas Stephen C. Padilla, Mayor City Manager David D. Rowlands, Jr. City Attorney John M. Kaheny City Clerk 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 December 17, 2002 AGENDA 6:00 P.M. CALL TO ORDER ROLL CALL: Councilmembers Davis, McCann, Rindone, Salas, and Mayor Padilla. PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY PRESENTATION OF A PROCLAMATION BY MAYOR PADILLA TO ERIC BURCH AND DAVE PLATZ OF AMERICAN MEDICAL RESPONSE, RECOGNIZING THEM FOR EARNING A GOLD STANDARD FOR QUALITY SERVICES CONSENT CALENDAR (Items 1 through 15) The Council will enact the staff recommendations regarding the following items listed under the Consent Calendar by one motion, without discussion, unless a Councilmember, a member of the public, or City staff requests that an item be removed for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak"form (available in the lobby) 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. WRITTEN COMMUNICATIONS Letter of resignation from Virgil Pifia, Member of the Human Relations Conunission. Staff recommendation: Council accept the resignation and direct the City Clerk to post immediately according to Maddy Act requirements. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR THE CORRUGATED METAL PIPE (CMP) REHABILITATION PROGRAM - FISCAL YEAR 2001/2002 IN THE CITY OF CHULA VISTA (PROJECT DR-158) On November 13, 2002, the Director of Public Works received sealed bids for this project. The work to be done involves the rehabilitation of drainage facilities on Fourth Avenue and "C" Street at Third Avenue in the City. (Director of Public Works) Staffrecommendation: Council adopt the resolution. 5A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA TRANSFERRING FUNDS, ACCEPTING BIDS AND AWARD1NG CONTRACT FOR THE AMERICANS WITH DISABILITIES ACT (ADA) CURB CUTS PROGRAM - FISCAL YEAR 2002/2003 ON VARIOUS STREETS IN THE CITY OF CHULA VISTA (PROJECT STL-282) (4/5THS VOTE REQUIRED) On November 6, 2002, the Director of Public Works received sealed bids for this project. The work to be done involves the removal of curb, gutter and sidewalk, and the construction of pedestrian ramps on various streets in the City. (Director of Public Works) Staff recommendation: Council adopt the resolution. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR PHASE II OF THE SALT CREEK GRAVITY SEWER INTERCEPTOR (CIP NO. SW-219) PROJECT TO MODERN CONTINENTAL CONSTRUCTION COMPANY OF CALIFORNIA, INC. IN THE AMOUNT OF $2,447,067 On November 26, 2002, the Director of Public Works received sealed bids for this project. The work primarily includes the installation of a 42-inch diameter trunk sewer line pipe within a steel casing pipe that has a maximum diameter of up to 72 inches. The project basically extends from the Main Street and Industrial Boulevard intersection to just west of Interstate 5. (Director of Public Works) Staff recommendation: Council adopt the resolution. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL MAP FOR SAN MIGUEL RANCH PLANNING AREA "C", CHULA VISTA TRACT NO. 99-04; ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE VARIOUS EASEMENTS, ALL AS GRANTED ON SAID MAP, WITHIN SAID SUBDIVISION; VACAT1NG ON BEHALF OF THE CITY OF CHULA VISTA THE VARIOUS EASEMENTS, ALL AS SHOWN 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 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL MAP SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR SAN MIGUEL RANCH PLANNING AREA "C", 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 On February 29, 2000, the City Council approved a Tentative Subdivision Map for Chula Vista Tract 99-04, San Miguel Ranch. On August 7, 2001, Council approved San Miguel Ranch Phases 1, 2 & 4 "A" Map No. I. Adoption of the resolutions approves Planning Area "C" final map within Phase 1 of San Miguel Ranch by developer, Continental Residential Inc. (Director of Public Works) Staff reconunendation: Council adopt the resolutions. Page 2 - Council Agenda 12/17/02 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDiNG THE GENERAL FUND BUDGET OF THE PUBLIC WORKS DEPARTMENT TO ADD A NEW POSITION OF REAL PROPERTY MANAGER, AND APPROPRIATiNG FUNDS BASED ON UNANTICIPATED REVENUE (4/5THS VOTE REQUIRED) Chula Vista has grown to a population of nearly 200,000 people and is acquiring massive amounts of property, with additional needs for more property in the future. In the past, the City has used the services of consultants for acquisition of properties. Staff is proposing that the Real Property Manager be created as a permanent position in the Public Works Department. This position would also provide a valued service for other departments within the City on an as-needed basis. (Director of Public Works) StatTrecommendation: Council adopt the resolution. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH THE CITY OF IMPERIAL BEACH TO RENEW ANIMAL CARE/CONTROL SERVICES Chula Vista has provided animal control services for the City of Imperial Beach since 1999. Staff is recommending approval of the contract to continue to provide animal care and control services for the impounding, adoption, redemption, and disposition of dogs, cats, and other small animals. (Chief of Police) Staff recommendation: Council adopt the resolution. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING AND APPROPRIATING $46,623 FROM THE STATE CALIFORNIA HIGH TECHNOLOGY PROGRAM FOR POLICE TECHNOLOGY AND AUTHORIZING THE CHIEF OF POLICE TO UTILIZE (REPROGRAM) SAViNGS RESULTING FROM THE EQUIPMENT PROCUREMENT PROCESS FOR ADDITIONAL UNSPECIFIED HIGH TECHNOLOGY EQUIPMENT (4/5THS VOTE REQUIRED) As part of this year's State budget, funds were allocated to support technology improvements in local law enforcement agencies. The City of Chula Vista has been allocated $46,623. (Chief of Police) Staffrecommendation: Council adopt the resolution. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $1,037,810 FROM THE AVAILABLE FUND BALANCE OF THE TRANSPORTATION DEVELOPMENT IMPACT FEE FUND AND TRANSFERRING THOSE MONIES TO THE PUBLIC FACILITIES DEVELOPMENT 1MPACT FEE FUND FOR CONSTRUCTION OF THE EASTLAKE GYMNASILrM (4/5THS VOTE REQUIRED) A loan that was made from the Eastlake Park Development Impact Fee (DIF) portion of the Transportation DIF Fund in 1996, as part of an agreement with the Eastlake Development Corporation, was repaid in full on November 11, 2002, with the repaid Page 3 - Council Agenda 12/17/02 10. 11. 12. funds earmarked for a new Eastlake gymnasium. On November 12, 2002, Council approved the creation of a new Recreation Facilities component of the Public Facilities DIF specifically to fund construction of such facilities. Therefore, the Eastlake Park DI~ funds totaling $1,037,810 should now be transferred to the Public Facilities D~. (Assistant City Manager Powell) Staffrecommendation: Council adopt the resolution. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 8.24.180 UNDER CHAPTER 8.24, "SOLID WASTE AND LITTER" The City has utilized property liens as an effective tool for enforcing the collection of delinquent trash service accounts for the last eighteen months. This has allowed the City to collect past due charges via the owner's next property tax bill and also restricts transfer or refinancing of the property until the debt is paid. In order for this effective practice to continue, the County is requiring specific amendments pursuant to Chula Vista Municipal Code section 8.24.180, chapter 8.24, authorizing the imposition of liens and special assessments. (Assistant City Manager Powell) Staff recommendation: Council place the ordinance on first reading. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMENDMENT TO THE AGREEMENT WITH ERICKSON-HALL CONSTRUCTION COMPANY TO INCORPORATE THE GUARANTEED MAXIMUM PRICE (GMP) OF $1,120,939 FOR THE DESIGN AND CONSTRUCTION OF A 2,300 SQUARE FOOT ADDITION TO THE EXISTING FiRE STATION NO. 4, AND APPROPRIATING ADDITIONAL FUNDS THEREFORE (4/STHS VOTE REQUIRED) On November 5, 2002, Council approved the Design Build Agreement with Erickson- Hall Construction Company for the development of plans for the design and construction of a 2,300 square foot addition to the existing Fire Station No. 4. The Design Build Agreement contained a not to exceed price of $771,976, with the Guaranteed Maximum Price (GMP) to be set upon receipt of 90 percent construction drawings. The project is nearing the end of the design phase and ready to begin the construction phase in early January 2003. Adoption of the resolution sets the GMP at $1,120,939. (Director of Building and Park Construction) Staffrecommendation: Council adopt the resolution. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A MITIGATION AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND BROOKFIELD SHEA OTAY, LLC FOR THE IMPLEMENTATION OF THE VILLAGE 11 PROJECT, HUNTE PARKWAY EXTENSION PROJECT, EASTERN OTAY RANCH DRAINAGE FACILITIES PROJECT, AND THE SALT CREEK INTERCEPTOR SEWER PROJECT, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Page 4 - Council Agenda 12/17/02 13. 14. The proposed mitigation agreement between the City of Chula Vista and Brookfield Shea Otay, LLC has been prepared to identify the mitigation responsibilities of Brookfield Shea Otay, LLC and the City, for impacts to sensitive biological resources resulting from the implementation of four projects proposed by Brookfield Shea Otay, LLC and the City. These four projects include: Village 11, Hunte Parkway Extension, Eastern Otay Ranch Drainage Facilities, and Salt Creek Interceptor Sewer. (Director of Planning and Building) Staff recommendation: Council adopt the resolution. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CREATING A NEW UNCLASSIFIED AT-WILL CLASSIFICATION OF WESTERN CHULA VISTA DEVELOPMENT MANAGER, PLACING THE POSITION 1N THE SENIOR MANAGEMENT BENEFIT GROUP, AND AMENDING THE FISCAL YEAR 2003 BUDGET OF THE ADMINISTRATION DEPARTMENT (4/5THS VOTE REQUn~D) The establishment of Western Chula Vista Development Manager position within the City Manager's Office, will be responsible for the creation of a comprehensive development strategy for Western Chula Vista. (City Manager) Staff recommendation: Council adopt the resolution. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CREATING TWO NEW UNCLASSIFIED AT-WILL CLASSIFICATIONS: ONE STAFF DIRECTOR-OFFICE OF MAYOR AND COUNCIL, AND ONE SPECIAL ASSISTANT TO THE MAYOR, AND PLACING BOTH POSITIONS IN THE MID- MANAGEMENT BENEFIT GROUP, AND AMENDING THE FISCAL YEAR 2003 BUDGET OF THE CITY COUNCIL DEPARTMENT BY RECLASSIFYING THE ASSISTANT TO THE MAYOR AND CITY COUNCIL POSITION TO STAFF DIRECTOR-OFFICE OF MAYOR AND COUNCIL, AND ADDING A SPECIAL ASSISTANT TO THE MAYOR AND INCREASING THE COUNCIL ASSISTANT SUPPORT AVAILABLE TO EACH COUNCILPERSON FROM 15 TO 20 HOURS PER WEEK, AND APPROPRIATING FUNDS THEREFORE FROM THE AVAILABLE BALANCE OF THE GENERAL FUND (4/5THS VOTE REQUIRED) Permanent staffing of the Mayor and Council office has not changed since 1994. Since that time the City has grown significantly. Given these changes, staff reviewed the classifications and anticipated work load for the office and recommends making the following three changes: 1) Reclassify the Assistant to the Mayor and Council to Staff Director-Office of Mayor and Council, based on an analysis of duties and responsibilities; 2) Add a full time Special Assistant to the Mayor in lieu of the 15 hours of Council Assistant support currently provided the Mayor; and 3) Increase the Council Assistant staff support for each Councilmember from 15 to 20 hours per week. (City Manager) Staffrecommendation: Council adopt the resolution. Page 5 - Council Agenda 12/17/02 15. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA INCREASING THE ANNUAL SALARY FOR THE UNCLASSIFIED POSITION OF CITY CLERK TO $110,000 EFFECTIVE DECEMBER 13, 2002 (4/5THS VOTE REQUIRED) Based upon a salary survey of comparable City Clerk positions in other California municipalities, and a comparison with other Executive and Senior Management positions within the City structure, it is clear that the current salary assigned to the position of City Clerk is not commensurate with assigned duties and responsibilities. (City Manager) Staff recommendation: 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. 16. CONSIDERATION OF ADOPTION OF AN URGENCY ORDINANCE MODIFYING THE EXISTING TELEGRAPH CANYON SEWER PUMPED FLOWS DEVELOPMENT IMPACT FEE On October 22, 2002 and on November 19, 2002, City Council approved Urgency Ordinance No. 2884-A and Urgency Ordinance 2884-B modifying Ordinance 2582. This proposed Urgency Ordinance will enable the City to continue to collect the fee during the sixty-day waiting period before the regular Ordinance becomes effective. (Director of Public Works) Staff recommendation: Council conduct the public hearing and adopt the following urgency ordinance: URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING ORDINANCE 2582 TO ADD THE POGGI CANYON BASIN SEWER INTERCEPTOR AS ONE OF THE FACILITIES FINANCED BY THE TELEGRAPH CANYON SEWER PUMPED FLOWS DEVELOPMENT IMPACT FEE AND TO CHANGE THE NAME TO PUMPED SEWER DEVELOPMENT IMPACT FEE 17. CONSIDERATION OF ADOPTION OF A RESOLUTION ACCEPTING A REPORT BY DEVELOPMENT PLANNING AND FINANCING GROUP, FOR AN UPDATED PEDESTRIAN BRIDGE DEVELOPMENT iMPACT FEE; AND ADOPTION OF AN ORDINANCE AND AN URGENCY ORDINANCE MODIFYING THE EXISTING OTAY RANCH PEDESTRIAN BRDGE DEVELOPMENT IMPACT FEE AND AREA OF BENEFIT Page 6 - Council Agenda 12/17/02 18. The City Council established the original Otay Ranch Pedestrian Bridge Development Impact Fee (Pedestrian Bridge DIF) on January 5, 1999. The original Pedestrian Bridge DIF was set up to fund the construction of the bridge between Villages 1 and 5 over La Media Road, half of a bridge between Village 1 and 2 over Olympic Parkway and half of a bridge between Village 5 and 6 also over Olympic Parkway. The La Media Road bridge has been completed by McMillin Company and is in service. The Village 6 tentative maps for McMillin and Otay Project have similar requirements to fund the construction of the pedestrian bridge over Olympic Parkway to Village 5 and for a fourth bridge, which will be located on La Media Road between Village 6 and 2. This fourth bridge completes a continuous village pathway loop between all four Villages. Adoption of the ordinance approves an updated Pedestrian Bridge Ordinance and Development Impact Fee program that assures funding for the completion of four bridges as the villages are completed. The fee, payable at issuance of a building permit, will increase to $783 per equivalent single-family dwelling unit from $545. The Urgency Ordinance enables the City to collect the fee during the 60-day waiting period before the regular ordinance becomes effective. (Director of Public Works) Staff recommendation: Council conduct the public hearing, adopt the following resolution and urgency ordinance, and place the ordinance on first reading: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A REPORT PREPARED BY DEVELOPMENT PLANNiNG AND FINANCiNG GROUP RECOMMENDING AN UPDATED PEDESTRIAN BRIDGE DEVELOPMENT IMPACT FEE TO FUND PEDESTRIAN BRIDGE IMPROVEMENTS iN THE OTAY RANCH, VILLAGES 1, 5, AND 6 ORDiNANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE OTAY RANCH VILLAGE 1 AND 5 PEDESTRIAN BRIDGE DEVELOPMENT IMPACT FEE TO iNCLUDE VILLAGE 6 TO PAY FOR PEDESTRIAN BRIDGE IMPROVEMENTS AS A CONDITION OF iSSUANCE OF BUILDING PERMITS URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE OTAY RANCH VILLAGE 1 AND 5 PEDESTRIAN BRIDGE DEVELOPMENT IMPACT FEE TO iNCLUDE VILAGE 6 TO PAY FOR PEDESTRIAN BRIDGE IMPROVEMENTS AS A CONDITION OF ISSUANCE OF BUILDING PERMITS CONSIDERATION OF THE PROPOSED ASSESSMENT OF CERTAiN DELINQUENT SEWER SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE OWNER-OCCUPIED PARCELS OF LAND AND PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION Page 7 - Cotmcil Agenda 12/17/02 19. 20. The Chula Vista Municipal Code Section 13.14.150 allows delinquent sewer service charges to be assessed as recorded liens upon the affected properties and ultimately placed on the property tax bills for collection. (Assistant City Manager Powell) Staff recommendation: Council conduct the public hearing and adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING DELINQUENT SEWER SERVICE CHARGES AS LIENS UPON THE RESPECTIVE OWNER-OCCUPIED PARCELS OF LAND AND APPROVING PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL CONSIDERATION OF APPROVAL OF THE USE OF FISCAL YEAR 2002/2003 COPS FUNDING IN ACCORDANCE WITH THE CITIZENS OPTION FOR PUBLIC SAFETY FOR LOCAL LAW ENFORCEMENT SERVICES The Police Department received $379,186 through State COPS for Local Law Enforcement funding. State money is allocated to the Police Department for purposes stipulated by the Citizen's Option for Public Safety (COPS) Program. The Police Department proposes to use the funds to meet operational Department equipment needs as well as the local cash match requirement for the Local Law Enforcement Block Grant. (Chief of Police) Staff recommendation: Council conduct the public hearing and adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $379,186 FROM STATE CITIZEN'S OPTION FOR PUBLIC SAFETY (COPS) FOR LOCAL LAW ENFORCEMENT, AMENDING THE FISCAL YEAR 2002/2003 BUDGET TO APPROPRIATE $23,590 FOR THE LOCAL LAW ENFORCEMENT BLOCK GRANT (LLEBG) LOCAL MATCH, AUTHORIZING STAFF TO DESIGNATE THE REMAINING FUNDS FOR OPERATIONAL EQUIPMENT AND PROACTIVE OVERTIME NEEDS, AND AUTHORIZING THE CHIEF OF POLICE TO UTILIZE (REPROGRAM) SAVINGS RESULTING FROM THE EQUI]?MENT PROCUREMENT PROCESS FOR ADDITIONAL UNSPECiFIED OFFICER SAFETY EQUIPMENT AND SUPPLIES (4/5THS VOTE REQUIRED) CONSIDERATION OF APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW THE CONSTRUCTION AND OPERATION OF AN INTERIM SUBDIVISION HOME FINDING CENTER AT THE NORTHEAST CORNER OF MOUNT MIGUEL ROAD AND PROCTOR VALLEY ROAD WITHIN THE SAN MIGUEL RANCH PLANNED COMMUNITY Page 8 - Council Agenda 12/17/02 21. 22. The applicant, Trimark Pacific Homes, has submitted an application requesting approval of a Conditional Use Permit for an interim subdivision home-finding center and associated parking facility on a designated community purpose facility site. The home- finding center is a permitted interim use subject to approval by the City Council, pursuant to Section 19.48.025 (E) of the Chula Vista Municipal Code. The proposed interim subdivision home-finding center will be located at the northeast comer of Mount Mignel Road and Proctor Valley Road in the San Miguel Ranch Planned Community. (Director of Planning and Building) Staff recommendation: Council conduct the public heating and adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CONDITIONAL USE PERMIT TO ALLOW THE CONSTRUCTION AND OPERATION OF AN INTERIM SUBDIVISION HOME-FiNDING CENTER AT THE NORTHEAST CORNER OF MOUNT MIGUEL ROAD AND PROCTOR VALLEY ROAD CONSIDERATION OF APPROVAL OF A PRECISE PLAN FOR A 6,600 SQUARE- FOOT SATELLITE RETAIL BUILDING IN AN EXISTING IN-LINE RETAIL SHOPPING CENTER, LOCATED AT 1210 BROADWAY, SOUTHWEST CORNER OF OXFORD STREET (CONTINUED FROM DECEMBER 10, 2002) The applicant, John Ziebarth, is seeking approval of a Precise Plan pursuant to Municipal Code section 19.12.120, sections 19.14.570 through 19.14.580, and sections 19.56.040 through 19.56.048, which allows for deviations from Zoning Code, as well as the Montgomery Specific Plan development standards, in order to add a 6,600 square-foot satellite retail building within an existing in-line retail shopping center. The proposed satellite building will include a Starbucks Caf6 with an outdoor seating area, and two new commercial tenants. (Director of Planning and Building) Staff recommendation: Council conduct the public heating and adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING A PRECISE PLAN TO ALLOW THE DEVELOPMENT OF A 6,600 SQUARE FOOT SATELLITE RETAIL BUILDING IN AN EXISTING SHOPPING CENTER, LOCATED AT 1210 BROADWAY, SOUTHWEST CORNER OF OXFORD STREET (APPLICANT: JOHN ZIEBARTH) (PCM- 02-22) CONSIDERATION OF AMENDMENTS TO THE CITY'S GENERAL PLAN, OTAY RANCH GENERAL DEVELOPMENT (GDP) AND OTAY RANCH SECTIONAL PLANNING AREA (SPA) ONE PLAN TO ELIMINATE THE FLOATING ELEMENTARY SCHOOL SITE FROM THE OTAY RANCH VILLAGE ONE WEST PLANNING AREA AND TRANSFER OTAY RANCH GDP DWELLING UNITS FROM VILLAGE FiVE TO VILLAGE ONE WEST (APPLICANT - OTAY PROJECT, LP.) Page 9 - Council Agenda 12/17/02 The Otay Project L.P. has applied to amend the City's General Plan, Otay Ranch General Development Plan and Otay Ranch SPA One Plan to convert a vacant ten-acre elementary school site into single-family residential land uses and requests a revised tentative map to adjust the boundary of Neighborhood R-59 and create Neighborhood R- 60 by transferring 65 unused dwelling units from Village Five to Village One West. (Director of Planning and Building) Staff recommendation: Council conduct the public heating and adopt the following resolutions: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE CITY'S GENERAL PLAN AND THE OTAY RANCH GENERAL DEVELOPMENT (GDP) TO ELIMINATE THE FLOATING ELEMENTARY SCHOOL SITE FROM THE OTAY RANCH VILLAGE ONE WEST PLANNING AREA AND TRANSFER OTAY RANCH GDP DWELLING UNITS FROM VILLAGE FIVE TO VILLAGE ONE WEST RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE OTAY RANCH SECTIONAL PLANNING AREA (SPA) ONE PLAN MODIFYING NEIGHBORHOOD BOUNDARIES IN VILLAGE ONE WEST AND TRANSFERING OTAY RANCH SPA ONE DWELLING UNITS FROM VILLAGE FIVE TO VILLAGE ONE WEST RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A REVISED TENTATIVE SUBDIVISION MAP FOR VILLAGE ONE WEST OF THE OTAY RANCH, SECTIONAL PLANNING AREA ONE PLAN, CHULA VISTA TRACT 98-06B 23. CONSIDERATION OF APPROVAL OF THE MASTER PLAN FOR THE PROPOSED SUNBOW PUBLIC NEIGHBORHOOD "VETERANS PARK" In September 2001, the City Council approved a contract for Landscape Architectural Services, retaining the firm of Van Dyke LLP to provide a Master Plan for a 10-acre public neighborhood park site in the Sunbow subdivision. Adoption of the resolution approves a master plan for the development of the public neighborhood park in Sunbow, and for the park name to be "Veterans Park". (Director of Building and Park Construction) 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 MASTER PLAN FOR THE PROPOSED SUNBOW PUBLIC NEIGHBORHOOD "VETERAN'S PARK" ITEMS PULLED FROM THE CONSENT CALENDAR OTHER BUSINESS 24. CITY MANAGER'S REPORTS A. Scheduling of meetings. Page 10 - Council Agenda 12/17/02 25. MAYOR'S REPORTS A. Recommendation of reappointment to the Board of Port Commissioners - William Hall 26. COUNCIL COMMENTS CLOSED SESSION Announcements of actions taken in Closed Session shall be made available by noon on I'Vednesday following the Council Meeting at the City Clerk's office in accordance with the Ralph M. Brown Act (Government Code 54957. 7). 27. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957 · Replacement of retiring City Attorney 28. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(C) · One Case 29. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(B) · Claim No. 02-00-012 ADJOURNMENT to a Regular Meeting of January 7, 2003, at 4:00 p.m. in the Council Chambers. Page 11 - Council Agenda 12/17/02 Susan Bigelow Page 1 of I From: VIRGIL PINA[vpina7@msn.com] Sent: Friday, December 06, 2002 11:11 PM To: sbigelow@ci.chula-vista.ca.us Subject: From Virgil Hi Susan, I hope you are doing gmat. I will be leaving the Human Relations Commission right after our next Commission meeting Wednesday December llth 2002. So please accept December 12th 2002 as my resignation date, Thank your so very much for all your good work and help. Sincerely Virgil Pina / 11/25/02 COUNCIL AGENDA STATEMENT lte~n ~- Meeting Date: 12/17/02 ITEM TITLE: SUBMITTED BY: REVIEWED BY: Resolution Accepting Bids and Awarding Contract for the "CMP Rehabilitation Program FY 01/02 in the City of Chula Vista, CA (DR-158)" Project. Director el'Public Works~¥, City Manager ~"~'~' (4/5ths Vote: Yes No X) On November 13, 2002, the Director of Public Works received sealed bids for the "CMP Rehabilitation Program FY 01/02 in the City of Chula Vista, CA (DR-158)" Project. The work to be done involves the rehabilitation of drainage facilities on Fern-th Avenue and "C" Street/Third Avenue in the City el' Cbula Vista, Ca. The work also includes all labor, material, equipment, tools, transportation, mobilization, tral'fic control, removal and disposal of existing improvements, protection and restoration of existing improvements, and other miscellaneous work necessary to construcl tire project in accordance with City standards. The location and size of CMP pipes to be rehabilitated is summarized in Table I (Attachment A). RECOMMENDATION: That Council Accept Bids and Award the Contract lbr the "CMP Rehabilitation Program FY 01/02 in the City of Chula Vista, CA (DR-158)" Project to Insitutbrm Tecbnologies, Inc., itl the amount o1'5188,578.00. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: This project provides for the rehabilitation of existing 50"x 31 ", 22"x 13" and 43"x 27" corrugated metal pipes. The existing corrugated metal pipes are corroding and in need ofrehahilitation. Funds for this project were budgeted in the FY 2001-2002 Capital Improvements Program (CIP) Budget ('or the CMP rehabilitation on the intersection of Fourth Avenue and "C" Street/Third Avenue. From thc existing Iisi o C co~Tugated metal pipes which are in need o f rehabilitation, staff prepared a list et'pipes in the same area as this project which are ready to go forward in the event that adclitional funding becomes available or the City received very competitive bids. This could enable thc City to inchlde additional pipes ill Ibis project. The general scope o£the project involves the rehabilitation of existing corrugated metal pipes in tile interseclion of Fourth Avctme and ~C" Street/Third Avenue using an inflatable epoxy impregnated liner. The work also includes all labor, material, equipment, tools, transportation, mobilization, traffic control, removal and disposal of existing improvements, protection and restoration of existing improvcments, and other miscellaneons work necessary for the project. Page 2, ~ Meeting Date 12/17/02 Engineering staff' prepared plats, specifications, and advertised the project. Staff received and opened bids on November 13, 2002. The City received bid from one contractor as follows: CONTRACTOR BID AMOUNT 1. lnsitolbrm Technologies, Inc. Benicia, California. $188,578.00 The Iow bid by insitufonn Teclmologies, lnc.is below the Engineer's estimate of $192,100.00 by $3,522.00 or approximately 2%. Staffs bid estimate was based on average prices for similar type of work completed during the last two years. Engineering staffchecked the rel'erences provided by the contractor. All rel'erences xvere verified and the Contractor's work has been satisfactory. Staff'has reviewed the Iow bid and recommends awarding the contract to Insituform Technologies, Inc.of Benicia, California. Disclosure Statement Attached is a copy of the contractor's Disclosure Statement as Attachment B. Environmental Status The Environmental Review Coordinator has reviewed the proposed project lbr compliance with the Califbrnia Euvironmental Quality Act and has determined that the project qualifies for a Class 1 categorical exemption pursuant to Section 15301 of the State CEQA Guidelines. Wage Statenlent Contractors bidding this project were not required to pay prevailing wages to persons employed by them for the work under this project. No special minority or women owned business requirements were necessary as part of the bid documents. Disadvantaged businesses were encouraged to bid through tiao sending of the Notice to Contractors to varioos trade publications. FISCAL IMPACT: FUNDS REQUIRED FOR CONSTRUCTION A. Contract Amount $188,578.00 B. Contingencies (10%) $19,000.00 C. Staff' Costs (Design & Inspection) $19,422.00 TOTAL FUNDS REQUIRED FOR CONSTRUCTION $227,000.00 FUNDS AVAILABLE FOR CONSTRUCTION A. Trail'tic Cougcstion Reliel' Fund (AB 2928) $227,000.00 TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $227,000.00 Page 3, _% Meeting Date 12/17/02 Upon completion of the project, the improvements will require only routine City drainage maintenance. Attac hnlents: A - Table 1 B - Contractor's Disclosure Statement File No. 0735-[0 [)R 15,3 J:\EngmeerA(HNDA\DRI58-A113('M doc 2r:3 o~<_~ ATTACHMEN'~ ~ ATTACHIVl E N i ~ '~,'~ TILE, CII¥ OF cHULA VISTA DISCLOSURE STATEMENT Pursuant to Council Policy 101-01, prior to any action upon matters wh/ch will require discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following information must be disclosed: List the names of all persons having a financial interest in the property that is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. NONE If any person* identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with a $ 1000 investment in the business (corporation/partnership) entity. If any person* identified pursuant to (1) above is a non-profit organization or txust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or tmstor of the tmst. Please identify every person, including any agents, employees, consultants, or independent contractors you have assigned to represent you before the City in this matter. N/A J:XEngineerXDES1GN~DR 158~DR 158 Contract.doc 14 Has any person* associated with this contract had any financial dealings with an official** of the City of Chula Vista as it relates to this contract within the past 12 months? Yes No x N/A If Yes, briefly describe thc nature of the financial interest the official* * may have in this conl~act. N/n Have you made a contribution of more than $250 within the past twelve (12) months to a current member oft. he Chula Vista City Council? Yes __ No x If Yes, which Council member? Have you or any member of your governing beard (i.e. Corporate Board of Directors/Executives, non-pro fit Board of Direct ors made contributions totaling more than $1,000 over the past four (4) years to a current member of the Chula Vista City Council? Yes No X If Yes, which Council member? Have you provided more than $300 (or an item of equivalent value) to an official** of the City of Chula Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes __ No X If Yes, which official** and what was the nature of item provided? N/A Date:.____lj./~_3_~O 2 Signature of Co~tll~ctor/Appliolmt H. Douglas Tnomas~ v~ce President Project Support Print or type name of Contractor/Applicant * Person is defined as: any individual, firm, co~partnership, joint venture, association, social club, fraternal organization, cmporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, -or any other group or combination acting as a unit. ** Official includes, but is not limited to: Mayor, Council member, plaunmg Commissioner, Member of a board, commission, or committee of the City, employee, or staffmembers. J:kEngineer~DESIGN~R 158XDR 158 Contract.doc 15 [llSi!Ff!);!i~" , , - ..... ~ ,Lq!eS, ]~lC. 7U2 ,~:.,',,, -,, ,~ 9r. Chesterfidd, [v,O u,~bus RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR THE "CMP REHABILITATION PROGRAM FY 01/02 IN THE CITY OF CHULA VISTA, CALIFORNIA (DR-158)" PROJECT WHEREAS, on November 13, 2002, the Director of Public Works received sealed bids for the "CMP Rehabilitation Program FY 01/02 in the City of Chula Vista, California (DR-158)" project: WHEREAS, the low bid by Instituform Technologies, Inc. - Benicia, California, is below the Engineer's estimate of $192,100.00 by $3,522.00 or approximately 2 %; and WHEREAS, Engineering staff has verified the references provided by the contractor and their work has been satisfactory and staff has reviewed the low bid and is recommending awarding the contract to Instituform Technologies, Inc. - Benicia, California; and WHEREAS, the Environmental Review Coordinator has reviewed the proposed project and has determined that the project will not have a significant adverse effect on the environment and wildlife resources as defined in Section 711.2 of the Fish and Game Code and a Filing of Notice of Determination has been filed and recorded with the Office of the County Clerk, San Diego; and WHEREAS, the Contractors bidding this project were not required to pay prevailing wages for the work under this project and no special minority or women owned business requirements were necessary and disadvantaged businesses were encouraged to bid through the sending of the Notice to Contractors to various trade publications. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby accept the bids and award the contract to Instituform Technologies, Inc. - Benicia, California in the amount of $188,578.00 for the "CMP Rehabilitation Program FY 01/02 in the City of Chula Vista, California (DR-158)" Project. Presented by Approved as to form by John P. Lippitt Director of Public Works J~f M' Kaheny /flL~ty Attorney J:\AttorneyXRESO',CMP Rehab Program Bid doc 2-7 COUNCIL AGENDA STATEMENT Item Meeting Date: 12/17/02 ITEM TITLE: Resolution Transferring funds, Accepting bids and awarding contract for the "ADA Curb Cuts Program, FY 02/03 on Various Streets in the City of Chula Vista, California (STL-282)" Project. SUBMITTED BY: Director of Public Work~ REVIEWED BY: City Manager ~;~?' (4/5ths Vote: Yes X No ~) On November 6, 2002, the Director of Public Works received sealed bids for the "ADA Curb Cuts Program, FY 02/03 on Various Streets in the City of Chula Vista, California (STL-282)" Project. The work to be done, involves the removal of curb, gutter and sidewalk and the construction of pedestrian ramps on various streets in the City of Chula Vista. The work also includes all labor, material, equipment, transportation, protection of existing improvements and traffic control necessary for the project. The location and type of sidewalk ramp to be constructed is summarized in Table I (Attachment A). RECOMMENDATION: That Council transfer $25,000 from DR-152 to STL-282, accept bids and award the contract for the "ADA Curb Cuts Program, FY 02/03 on Various Streets in the City of Chula Vista, California (STL-282)" to Jimenez Inc. DBA MJC Construction of Chula Vista, California, in the amount of $41,600.00. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Funds for this project were budgeted in the FY 2002-03 Capital Improvements Program (CIP) budget. This is an annual program funded with Community Development Block Grant funds (CDBG). lts purpose is to construct as many sidewalk ramps as possible with the allocated funds at various locations throughout the City. The locations are generally near schools, shopping areas, bus routes or in many cases where we have had specific requests by property owners to install the sidewalk ramps. Given the annual, on-going nature of the project, there is some blending of staff time charges. As staff reviews the various locations of sidewalk ramps necessary throughout the City, it is frequently the case that design work may be performed on certain ramps in one phase, yet those ramps may not be constructed until a later phase. This indicates that some of the design work for the current phase was actually undertaken in earlier phases. It is difficult to differentiate those design activities among the various phases as staff endeavors to have a sufficient number of locations ready for improvement to maximize the utilization of CDBG funds, which is the sole funding source of these projects. Staff attempts to have not only a sufficient number of locations prepared for improvement but to have a "surplus" of locations ready to go forward in the event that additional CDBG funding becomes available, other CDBG funded projects experience delays or problems that could jeopardize those funds or the City receives very competitive bids which could enable the City to include additional locations in the project. Page 2, Item ~ Meeting Date: 12/17/02 In previous years, staff maximized the number of ramps installed for prior ramp projects by rolling over staff costs to the next year's project. This has resulted in the accumulation of a total of around $18,000.00 in rolled over staff cost. Staff therefore recommends transferring funds from DR-152 which has been completed under budget, to replace funds spent for STL-282 to reimburse staff time. The City received bids from two contractors as follows: CONTRACTOR BID AMOUNT 1. Jimenez Inc. DBA MJC Construction, Chula Vista, California $41,600.00 2. Portillo Concrete Inc., Chula Vista, California $49,425.00 The low bid by Jimenez Inc. DBA MJC Construction, is below the Engineer's estimate of $43,120.00 by $1,520.00 or approximately 4%. Staff's bid estimate was based on average prices for similar type of work completed during the last three years. Based on the low bid, thirty nine (39) sidewalk ramps will be constructed. Engineering staff has verified the references provided by the contractor and their work has been satisfactory. The Contractor's License No. 754128 is current and active. Jimenez Inc. DBA MJC Construction has also done several C1P projects for the City and its work has been satisfactory. Staff has reviewed the low bid and recommends awarding the contract for $41,600.00 to Jimenez Inc. DBA MJC Construction of Chula Vista, California. Contract Amount Revision The contract documents allow the City to decrease or increase the unit quantity for the construction of additional sidewalk ramps without a change in the contract unit price bid by the Contractor. Disadvantaged Business Enterprise Goal The bid documents set forth participation requirements per Federal Regulation for meeting the disadvantaged and ~vomen-owned business goals. Judith Atwood, Community Development Specialist, has reviewed the bid documents submitted by the two (2) bidders. Her conclusion is that DBE review is not required since the lowest bidder, Jimenez Inc. DBA MJC Construction, did not list any subcontractor's for this project (See Attachment B). Staff also reviewed Jimenez Inc. DBA MJC Construction eligibility status with regard to federal procurement programs and the status of the State contractor's licenses. Jimenez Inc. DBA MJC Construction is not listed as excluded from Federal Procurement Programs (list of parties excluded from Federal procurement or non-procurement programs as of November 14, 2002). Disclosure Statement J :\EngineerL&genda\STL282-A 113CM.doc Page 3, Item ~ Meeting Date: 12/17/02 Attached is a copy of the contractor's Disclosure Statement as Attachment C. Environmental Status The Environmental Review Coordinator has reviewed the work involved in this project and has determined that the project is exempt under Section 15301, Class 1 (c) (Existing Facilities) of the California Environmental Quality Act (Minor Alterations of Existing Public Improvements or Public Structures). Prevailing Wage Statement The source of funding for this project is Community Development Block Grant funds (CDBG). Based on the current project funding guidelines, the Contractor is obligated to meet the prevailing wage requirements which were included as part of the bid documents for this project. Prevailing wage scales are those determined by the Federal Department of Labor. Fiscal Impact FUNDS REQUIRED FOR CONSTRUCTION A. Contract Award Amount (Jimenez Inc. DBA MJC Construction) $41,600.00 B. Contingencies (approximately 15%) $6,200.00 C. Staff Costs (Design & Inspection) $8,200.00 TOTAL FUNDS REQUIRED FOR CONSTRUCTION $56,000.00 FUNDS AVAILABLE FOR CONSTRUCTION A. FY 2002-03 ADA Curb Cut Annual Program (CDBG) $31,000.00 B. Transfer of funds (2651152333) DR-152 to (2413282333) STL-282 $25,000.00 TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $56,000.00 Upon completion of the project, only routine maintenance will be required. Attachments: A Table 1 B Memorandum from Community Development C Contractor's Disclosure Statement J :~Engineer~X. genda\STL282 -A 113CM.doc I-- ' Ill 0 0 ~n a~ ' 0 r~ W CHULA VISTA Communi~ Development Depadment City Of Chula Vista 276 Four[h Avenue Chula Vista, Ca 91910 619.585.5722 - 619.585.5698 Fax jatwood@ci.chula-vista.ca.us ME Monday, November 18, 2002 TO: FROM: RE: JIM HOLMES, CIVIL ENGINEER, DESIGN SECTION JUDITH ATWOOD, SENIOR COMMUNITY DEVELOPMENT SPECIALIST MBE/WBE for STL 282 (ADA CURB CUTS PROGRAM - FY 02-03) I have reviewed the bid proposal from Jimenez Inc. DBA MJC Construction for the ADA Curb Cuts program. Since MJC is not using any subcontractors, I have determined that MBE/WBE certification is not required. Please call me at extension 5036 if you have any questions. ~,TTACHMEN¥ ~ THE CITY OF CHULA VISTA DISCLOSURE STATE1VIENT Pursuant to Council Policy 101-01, prior to any action upon matters which will require discretionary action by the Council, Planning Conurdssion and all other official bodies of the City, a statement of disclosure ofc, ertain ownership or financial interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following information must be disclosed: 1. List 'th~ names of all persons having a financial interest in the property that is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. 2. If any person* identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with a $1000 investment in.the business (corpomtiordpartnership) entity. 3. If any person* identified pursuant to (1) above is a non-profit organization or trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or tmstor of the trust. 4. Please identify every person, including any agents, employees, consultants, or independent contractors you have assigned to represent you before the City in this matter. J:~Engineer~DESIGN~STL282',STL282 Contract.doc 46 5. Has any person* associated with this contract had any financial dealings with an official** of the City of Chula Vista as it relates to this contract within the past 12 months? Yes No/~ If Yes, briefly describe the nature of the financial interest the official** may have in this contract. 6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? Yes No X If Yes, which Council member? 7. Have you or any member of your governing board (i.e. Corporate Board of Directors/Executives, non-profit Board of Directors made contributions totaling more than $1,000 over the past four (4) years to a current member of the Chula Vista City Council? Yes __ No y If Yes, which Council member? 8. Have you provided more than $300 (or an item of equivalent value) to an official** of the City of Chula Vista in the past twelve (12) month~s?fllais includes being a source of income, money to retire a legal debt, girl, loan, etc.) Yes No ilK, If Yes, which official** and what was the nature of item provided? ~gnature of Contractor/Applicant.-9 Print or type name of ConWactor/Applicant * Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, -or any other group or combination acting as a unit. Offimal includes, but ~s not lumted to: Mayor, Council member, Planning Commissioner, Member of a board, commission, or committee of the City, employee, or staff members. 47 J:~Engineer~DESIGN~TL282~STL282 Contract.doc RESOLUTION NO RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA TRANSFERRING FUNDS, ACCEPTiNG BIDS AND AWARDiNG CONTRACT FOR THE "ADA CURB CUTS PROGRAM FY 02/03 ON VARIOUS STREETS iN CITY OF CHULA VISTA, CALIFORNIA (STL-282)" PROJECT. WHEREAS, on November 6, 2002, the Director of Public Works received sealed bids for the "ADA Curb Cuts Program, FY 02/03 on various streets in the City of Chula Vista, California (STL 282)" Project; and WHEREAS, the low bid by Jimenez lnc DBA MJC Construction of Chula Vista, California, is below the Engineer's estimate of $43,120 by$1,520.00 or approximately 4%; and WHEREAS, Engineering staff has verified the references provided by the contractor and their work has been satisfactory and staffhas reviewed the low bid and is recommending awarding the contract to Jimenez lnc DBA MJC Construction, Chula Vista, California; and WHEREAS, the Environmental Review Coordinator has reviewed the proposed project and has determined that the project is exempt under Section 15301, Class 1 (c) (Existing Facilities) of the California Environmental Quality Act (Minor Alterations of Existing Public Improvements or Public Structures); and WHEREAS, the source of funding for this project is Community Development Block Grant funds (CDBG). Based on the current project funding guidelines, the Contractor is obligated to meet the prevailing wage requirements which were included as part of the bid documents for this project. Prevailing wage scales are those determined by the Federal Department of Labor; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby accept the bids and awards the contract to Jimenez Inc. DBA MJC Construction, Chula Vista, California in the amount of $ 41,600.00 for the "ADA Curb Cuts Program, FY 02/03 on the Various Streets in the City of Chula Vista, California (STL-282)" Project. Presented by Approved as to form by John P. Lippitt Director of Public Works (~'lt y Attorney ITEM TITLE: SUBMITTED BY: REVIEWED BY: COUNCIL AGENDA STATEMENT Item ~ Meeting Date: 12/17/02 Resolution Accepting bids and awarding contract for the "Phase II of the Salt Creek Gravity Sewer Interceptor (CIP No. SW-219)" project to Modem Continental Construction Company of California, Inc. in the amount of $2,447,067.00. Director of Public Works/ ~ 63 City Manager j~j ~.~ (4/5tbs Vote: Yes__No X .) On Tuesday, November 26, 2002 at 2:00 p.m., the Director of Public Works received sealed bids for the "Phase 1I of the Salt Creek Gravity Sewer Interceptor (CIP No. SW-219)" project. The work for this project primarily includes the installation of a 42-inch diameter trunk sewer line pipe within a steel casing pipe that has a maximum diameter of up to 72-inches. The project basically extends from the Main Street and Industrial Boulevard intersection to just west of Interstate 5. The installation of the trunk sewer line segment beneath the Interstate 5 freeway will utilize microtunneling methods (trenchless technology). "Phase II of the Salt Creek Gravity Sewer Intemeptor (CIP No. SW-219)" project is the downstream segment and is the last of four construction phases that will ultimately complete the construction of the overall Salt Creek Gravity Sewer Intemeptor project. The approval of the resolution tonight before Council will award the contract to Modem Continental Construction Company of California, Inc. for construction of the "Phase II of the Salt Creek Gravity Sewer Interceptor" project. RECOMMENDATION: That Council accept bids and award the contract for the "Phase II of the Salt Creek Gravity Sewer Interceptor (CIP No. SW-219)" project to Modem Continental Construction Company of California, Inc. in the amount of $2,447,067.00. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Phase I1 of the Salt Creek Gravity Sewer Interceptor The "Phase II of the Salt Creek Gravity Sewer Interceptor" project is the downstream segment and the last of four construction phases that will ultimately complete the construction of a trunk sewer line from the Eastlake and Rolling Hills Ranch subdivisions to the City of San Diego Metro Interceptor located west of Interstate 5 (See Exhibit "1" for details). Phase I of the Salt Creek project (from Industrial Boulevard to just west of Interstate 805) is the first construction phase and is complete. Page 2 of 5, Item -4- Meeting Date 12/17/02 Phase I1/of the project (which basically extends along Main Street from immediately west of Interstate 805 to Heritage Road, then heads easterly and northerly along a dirt road and finally terminates at the downstream end of the existing Salt Creek Sewer line that was installed as a joint project with SDG&E's Pipeline 2000 project) has begun construction and is scheduled to be completed by February 2003. Phase IV of the Salt Creek sewer project (which includes the segment from the upstream end of the existing Salt Creek sewer line installed as a joint project with SDG&E's Pipeline 2000 project to the existing Olympic Parkway Sewage Pump Station) is currently under construction and scheduled for completion by February 2003. The segment of the Salt Creek Gravity Trunk Sewer designated as Phase 1I, which is before Council tonight, includes the segment from the intersection of Main Street and Industrial Boulevard (downstream end of Phase I of the project) to just west of Interstate 5 at a junction structure where the trunk line connects to the City of San Diego Metro Interceptor on West Frontage Road. The approximate length of this segment of the trunk line is 1,300 feet and primarily includes the installation of a 42-inch diameter trunk sewer line pipe within a steel casing pipe that has a maximum diameter of up to 72-inches. The installation of the trunk sewer line segment that traverses beneath the Interstate 5 freeway will utilize microtunneling methods (trenchless technology). The sewer system was also designed to include the installation of a SCADA (Supervisory Control and Data Acquisition) system that will allow City staff to remotely monitor the flow in the system. Construction is scheduled for completion by July 2003. Proiect Advertisement and Bid Results Dudek and Associates, Inc. of Encinitas, California, prepared the plans and technical specifications for the "Phase II of the Salt Creek Gravity Sewer Interceptor" project. In addition, the City also retained the services of Jacobs Associates of San Diego as sub-consultants to Dudek and Associates to provide specialized tunneling consultant services required to prepare the plans and specifications for the project. Jacobs Associates will also provide inspection services to be certain that the work is being done in accordance with the plans during construction. The City's Infrastructure Design section prepared and advertised the project for bidding. A mandatory pre-bid meeting was held for the project on November 8, 2002 to review the requirements of the project and to receive any questions or concerns regarding the plans and specifications from the prospective contractors bidding on the project. Attendance by said contractors at this meeting was required in order to be eligible to submit a bid for the project. A site visit was also held after the pre-bid meeting to familiarize the contractors with the project site and location. At the mandatory pre-bid meeting held, several contractors present raised several concerns during the meeting and also afterwards through phone calls and faxes; all the issues that City staff felt required clarification were consequently addressed through three (3) addendums for the project. Staff received and opened bids on Tuesday, November 26, 2002 at 2:00 p.m. The lowest responsive bidder for the project was based on the contractor who submitted all required Page 3 of 5, Item ~- Meeting Date 12/17/02 documents detailed in the contract documents and who submitted the lowest base bid for the project construction. Bids from eight (8) Contractors were received as follows (Bids sorted by the base bid amount): CONTRACTOR BASE BID (Salt Creek Sewer, Phase 1I) 1. Modem Continental Construction Company of California, Inc. $2,447,067.00 2. Elmore Pipe Jacking, Inc. $2,794,202.00 3. Vadnais Corporation $3,082,090.00 4. Orion Construction Corporation $3,372,564.00 5. Nada Pacific Corporation $3,421,288.00 6. James W. Fowler Co. $3,533,588.00 7. BRH-Garver, Inc. $3,645,769.00 8. Westcon Microtunneling $4,161,550.00 Staff received excellent bids for the project. The total Iow bid from Modem Continental Construction Company of California, Inc. is below the Engineer's estimate of $3,313,212.00 by $866,145.00 or approximately 26.1%. The Engineer's estimate was prepared by Dudek and Associates, Inc. and was based on average unit prices for similar types of work completed recently. City staff has seen a recent trend with bids coming in below the Engineer's estimate, which seems to indicate that the construction industry is once again becoming more competitive. Staff will incorporate the unit price bid results into our database for future project cost estimates. Jacobs Associates checked the references required by the project specifications that the contractor submitted. All references checked were verified and their work has been satisfactory. The Contractor's License Number for Modem Continental Construction Company of California, Inc. is 805269 and it is clear and current. Staff has reviewed the low bid and is recommending awarding the contract to Modem Continental Construction Company of California, Inc. in the amount of $2,447,067.00. Right of Way The City of Chula Vista currently has legal and physical possession of all right of way, permits and agreements needed for construction of Phase II of the Salt Creek Gravity Sewer Interceptor (CIP No. SW-219). Environmental Status The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the proposed project was adequately covered in the following previously adopted CEQA documents: Environmental Impact Report EIR 01-03; Addendum to EIR 01-03, dated June 1, 2001; and Second Addendum Page 4 of 5, Item ~ Meeting Date 12/17/02 to E1R 01-03, dated May 22, 2002. Thus, no further environmental review or documentation is necessary. Disclosure Statement Attachment "A" is a copy of the contractor's Disclosure Statement. Prevailing Wage Statement The project is currently funded utilizing the Trunk Sewer Capital Reserve Funds. Based on the funding source utilized, no special Disadvantage Business Enterprise (DBE) and/or minority or women owned business requirements were necessary as part of the bid documents. Disadvantaged businesses were encouraged to bid through the sending of the Notice to Contractors to various trade publications. Based on the current project funding guidelines, the contractors bidding this project were not required to pay prevailing wages to persons employed by them for the work under this project. Financial Statement FUNDS REQUIRED FOR CONSTRUCTION A. Contract Amount (Modem Continental Construction Company of $2,447,067.00 California, Inc.) B. Contingencies (10%) $244,700.00 C. Staff Costs (Administration and Inspection) $100,000.00 D. Consultant Costs (Soils, Materials & Storm Water Testing) $50,000.00 TOTAL FUNDS REQUIRED FOR CONSTRUCTION $2,841,767.00 FUNDS AVAILABLE FOR CONSTRUCTION A. Salt Creek Gravity Sewer Project Account (SW219) - Trunk Sewer $2,841,767.00 Capital Reserve Fund TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $2,841,767.00 Fiscal Impact: This project was originally budgeted to utilize two funding sources; the Trunk Sewer Capital Reserve Fund and the Salt Creek Gravity Sewer Development Impact Fee. At the inception of the project, since the project was still being developed, the project was not budgeted adequately. With the completion of the design and the award of the first phase of the project, the project cost estimate was revised. Based on the revised estimates, on August 13, 2002 Council by Resolution No. 2002-297, approved the appropriation of additional $10,182,824.00 from the available fund balance of the Trunk Sewer Capital Reserve Fund to the Salt Creek Gravity Sewer Project (SW219) account to facilitate the completion of all the phases of the project that the City is obligated to construct (i.e. All of Phases 1 and 2 and a small portion of Phase 3). The other phases are being funded through the Salt Creek DIF. The above action of awarding the contract for Phase II of the project will authorize a total expenditure of $2,841,767.00 from the budgeted C1P project account, therefore, no additional appropriation will be required. The completion of Page 5 of 5, Item Meeting Date 12/17/02 this phase will represent the completion of the City's obligation for the construction of the Salt Creek Trunk Sewer. Maintenance The City will be solely responsible for the maintenance of the trunk sewer line. Any maintenance or future replacement of the pipe will be achieved utilizing the Sewer Facilities Replacement Fund. There are currently adequate funds to finance the maintenance of the trunk line. Exhibit: 1 - Salt Creek Sewer Interceptor - Delineation of Construction Phases Attachment: A - Contractor's Disclosure Statement COPY TO FILE: 0735~10-SW219 JSEngineer~AGENDA\Salt-Creek-PhaseII-Award.get.doc 12/6/02 9:33:16 AM 'I'HE CI'I'Y OF CHULA VISTA DISCLOSURE STATEMENT Pursuant to Council Policy 1014)1, prior to any action upon matters which will require discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The folloWmg information must be disclosed: 1. List the names of all persons having a financial interest in the property that is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. If any person* identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with a $1000 investment in the business (corporation/partnership) entity. If any person* identified pUrsuant to (1) above is a non-profit organization or trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. Please identify every person, including any agents, employees, consultants, or independent contractors you have assigned to represent you before the City in this matter. 16 J:~Engincer~ADMlN\CONTRACT~SW219Phll_Contract Main doc L~ ~7 5. Has any person* associated with this contract had any financial dealings with an official** of the City of Chula Vista as it relates to this contract within the past 12 months? Yes No Vr If Yes, briefly describe the nature of the financial interest the official** may have in this contract. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? Yes __ No V' If Yes, which Council member.'? Have you or any member of your governing board (i.e. Corporate Board of Directors/Executives, non-profit Board of Directors made contributions totaling more than $1,000 over the past four (4) years to a current member of the Chula Vista City Council? Yes No I/ If Yes, which Council member? Have you provided more than $300 (or an item of equivalent value) to an official** of the City of Chula Vista in the past twelve (12) months? (This in,~;ludes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes No I/ If Yes, which official** and what was the nature of item provided? Date: g~O~ Z~',OZ Sig!,ir~pplicant~/~ Print or type name of Conla~aetor/Applicant * Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, in,st, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, -or any other group or combination acting as a unit. ** Official includes, but is not limited to: Mayor, Council member, planmng Commissioner, Member of a board, commission, or committee of the City, employee, or staff members. 17 J \EngmeerXADMIN'~CONTRAC%SW2 19Phil-Contract Main doc L.~ ~;~ RESOLUTION NO RESOLUTION OF THE CITY COUNCIL OF THE CiTY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR "PHASE II OF THE SALT CREEK GRAVITY SEWER iNTERCEPTOR (CIP NO. SW-219)" PROJECT TO MODERN CONTINENTAL CONSTRUCTION COMPANY OF CALIFORNIA, INC. IN THE AMOUNT OF $2,447,067.00. WHEREAS, on November 26, 2002, the Director of Public Works received sealed bids for the "Phase II of the Salt Creek Gravity Sewer Interceptor (CIP No. SW 219) Project: WHEREAS, the low bid from Modem Contipental Constmction Company of California, Inc. is below the Engineer's estimate of $3,313,212.00 by $866,145.00 or approximately 26.1%; and WHEREAS, Engineering staff has verified the references provided by the contractor and their work has been satisfactory and staff has reviewed the low bid and is recommending awarding the contract to Modem Continental Construction Company of California, Inc.; and WHEREAS, the Environmental Review Coordinator has revie~ved the proposed project and has determined that the project is will not have a significant adverse effect on the environment; and WHEREAS, the Contractors bidding this project were not required to pay prevailing wages for thc work under this project and no special minority or women owned business requirements were necessary and disadvantaged businesses were encouraged to bid through the sending of the Notice of Contractors to various trade publications. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby accept the bids and awards the contract to Modem Continental Construction Company of Califomia, Inc. in the amount ors 2,447,067.00 for the construction of the "Phase II of the Salt Creek Gravity Sewer Interceptor" Project. Presented by Approved as to form by John P. Lippitt Director of Public Works ~,Sty Attorney ITEM TITLE: COUNCIL AGENDA STATEMENT Item ~ Meeting Date 12/17/02 Resolution Approving the Final Map for San Miguel Ranch Planning Area "C", Chula Vista Tract No. 99-04. Accepting on behalf of the City of Chula Vista, the various easements, all as granted on said map, within said subdivision; vacating on behalf of the City of Chula Vista, the various easements, all as shown 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"C", 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 SUBMITTED BY: Director of Public Works/~ REVIEWED BY: City Manager (4/Sths Vote: Yes No X ) On February 29, 2000, by Resolution No. 2000-068, the City Council approved a Tentative Subdivision Map for Chula Vista Tract 99-04, San Miguel Ranch. On August 7,2001 by Resolution No. 2001-259, Council approved San Miguel Ranch Phases 1, 2 & 4 "A" Map No. 1. Tonight, City Council will consider the approval Planning Area "C" final map within Phase 1 of San Miguel Ranch by developer Continental Residential Inc. RECOMMENDATION: That Council adopt the following: 1. Resolution approving the Final Map for Planning Area "C" & Subdivision Improvement Agreement (Attachment 1). 2. Resolution approving the Supplemental Subdivision Improvement Agreement for Planning Area "C" (Attaclmnent 2). BOARDS/COMMISSIONS RECOMMENDATION: Not applicable DISCUSSION: The project is generally located northerly adjacent to Calle la Marina, south and southwesterly of Mount Miguel Road and east of an existing 120 feet wide SDGE easement, within the area of San Miguel Ranch Phase 1. The total number of dwelling units is 110. The total number of lots is 2, one (1) lettered lot and one (1) numbered lot, totaling a gross area of 13.174 acres (Exhibit 1). Page 2, Item -~ Meeting Date 12/17/02 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 maps constitutes acceptance by the City of all assignable and irrevocable general utility and access easements, sewer easement, tree planting and maintenance easements, sight visibility easements and emergency access easement within the subdivision. Continental Residential, Inc., a California Corporation, has executed a Supplemental Subdivision hnprovement Agreement, which addresses several outstanding conditions of the tentative map (Attachment 2). Continental Residential, Inc., a California Corporation has also executed the appropriate Subdivision Improvement Agreement, providing bonds to secure the construction ofonsite facilities within the subdivision. An advanced permit has been issued to Continental Residential, Inc., a California Corporation to construct improvements prior to approval of the Final Map. The Master Developer (NNP Trimark San Miguel Ranch, LLC) has provided an Irrevocable Offer of Dedication of Fee Interest 1bt its portion of'the land acquisition obligation for community parks within San Miguel Ranch Phases 1, 2, & 4 "A" Map No. 14216. All PAD fees have been paid. Continental Residential, Inc., a California Corporation has bonded for and agrees to complete all on and off-site street improvements required for the approval of this Final Map within two years following map approval, or sooner if construction permits for the required improvements have been issued. Continental Residential has also submitted a completed developer's disclosure statement (Exhibit 2). Environmental The City's Environmental Review Coordinator has reviewed the Final Map and has determined that it is in conformance with the Final Subsequent EIR for San Miguel Ranch SPA and TM (E1R 97-02), and other related environmental documents. The Final Map will not result in any new environmental effects that were not previously identified, nor would the Final Map result in a substantial increase in severity in any impacts previously identified. Traffic Cap The approval of Planning Area "C" will bring San Miguel Ranch to 762 mapped units (including Planning Area A, B, H, I and Eq). The total number of building permits issued as of 7/23/02 is 83. This number of permits is below the established development cap of 892 permits. FISCAL IMPACT: None to the City. Developer has paid all costs associated with the proposed Final Map and agreement. Attachnlents: Exhibit 1: San Miguel Ranch Planning Area "C", Chula Vista Tract 99-04, location map Exhibit 2: Developer's Disclosure Statements Auachrnent 1: Subdivision hnprovement Agreement Attachment 2: Supplemental Subdivision Improvement Agreement J:%Engineer~LANDDEV[Projects~San Miguel Ranch~N C~All3_SanMiguelRanch c Final.doc SM 008 F 0---2_ SAN MIGUEL RANCH -' PLANNING AREA "C" LoT "M~ NO SCALE covl~ LOT / ChJ.,LE LA MARINA EAST iHUNSAKER & ASSOCIATES SAN DIE~O, PLANNING ~ Huemeke~s Street EXHIBIT THE CITY OF CHULA VISTA DISCLOSURE STATEMENT Pursuant to Council Policy 101-01, prior to uny action upon matters which will require discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following information must be disclosed: 1. List the names of all persons having a finuncial interest in the property that is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. 2. If uny person* identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with a $1000 investment in the business (corporation/partnership) entity. 3. If any person* identified pursuant to (1) above is a non-profit organization or trust, list the names of uny person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. 4. Please identify every person, including any agents, employees, consultants, or independent contractors you have assigned to represent you before the City in this matter. 5. Has any person* associated with this conlract had any financial dealings with an official** of the City of Chula Vista as it relates to this contract within the past 12 months? Yes No ~ If Yes, briefly describe the nature of the financial interest the official** may have in this contract. 6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? Yes No )< If Yes, which Council member? 7. Have you or any member of your governing board (i.e. Corporate Board of Directors/Executives, non-profit Board of Directors made contributions totaling more ~ $1,000 over the past four (4) years to a current member of the Chula Vista City Council? Yes No ,~ _ If Yes, which Council member? 8. Have you provided more than $300 (or an item of equivalent value) to an official** of the City of Chula Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal debt, girl, loan, etc.) Yes No Y" ~ If Yes, which official** and what was the nature of item provided? Date: ~Ax-~ ~c, ocw .' ~.i~, Print O~r type nar~---'fff ~ontmctor/Applicant * Person is defined as: any individual, finn, co-partnership, joint venture, association, social club, fi'atemal organization, corporation, estate, m~st, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, -or any other group or combination acting as a unit. ** Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board, commission, or cormnittee of the City, employee, or staff members. H:Xlt OMEkENG INEER~ADMII~C ONTR~CTXDIS CLOS E, DOC RESOLUTION NO. 2002- RESOLUTION OF THE CITY OF CHULA VISTA APPROVING THE FINAL MAP FOR SAN MIGUEL RANCH PLANNING AREA "C', CHULA VISTA TRACT NO. 99-04. ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA, THE VARIOUS EASEMENTS, ALL AS GRANTED ON SAID MAP, WITH1N SAD SUBDIVISION; VACATING ON BEHALF OF THE CITY OF CHULA VISTA, THE VARIOUS EASEMENTS, ALL AS SHOWN ON SAID MAP, WITHIN SAD 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 that certain map survey entitled Chula Vista Tract No. 99-04, San Miguel Ranch Planning Area "C", particularly described as follows: Lot 6 of Chula Vista Tract NO. 99-04, San Miguel Ranch, Phases 1, 2, & 4, "A" Map No. I, 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 County Recorder of San Diego County, August 21,200l. Area: 13.174 Acres Numbered Lots: 1 No. of Lots: 2 Lettered Lots: 1 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 the sewer easement, sight visibility, tree planting and maintenance, general utility and access, and emergency access easements, all as shown on San Miguel Ranch Planning Area "C" map within said subdivision. BE IT FURTHER RESOLVED that said Council hereby acknowledges on behalf of the City of Chula Vista the Irrevocable Offer of Dedication of Fee Interest of Lot "A for open space and other public purposes all as shown on San Miguel Ranch Planning Area "C" map within said 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 the Irrevocable Offer of Dedication of the fee interest of said lots be acknowledged, and that those certain easements as granted San Miguel Ranch Planning Area "C" within said subdivision are accepted on behalf of the City of Chula Vista as hereinabove stated. BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement dated December 17, 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 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 the Mayor of the City of Chula Vista is hereby authorized and directed to execute said agreement for and on behalf of the City o£Chula Vista. Presented by Approved as to form by John P. Lippitt Director of Public Works John ' City Attorney J:\Engineer\LANDDEV~Projects~San Miguel Ranch\N-C\Resolution final. DOC 2 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL (J Uq~t/~n M. Kaheny City Attorney SUBDIVISION IMPROVEMENT AGREEMENT BY AND BETWEEN THE CITY OF CHULA VISTA AND CONTINENTAL RESIDENTIAL, INC. FOR SAN MIGUEL RANCH PLANNING AREA "C' Recording Requested by: CITY CLERK When Recorded, Mail to: CITY OF CHUI2t 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 CONTINENTAL RESIDENTIAL, INC., 5927 Priestly Drive, Suite 200, Carlsbad, CA 92008, 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 PIJtNNING AREA "C" 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 tiling, 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 l1- 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. 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 Engineer, as shown on Drawings Nos. 02070-01 through 02070-10 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 EIGHT HUNDRED EIGHTY-THREE THOUSAND TWO HUNDRED NINETY-TWO DOLLARS AND NO CENTS ($883,292.00). 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 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 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 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 FOUR HUNDRED FORTY-ONE THOUSAND SIX HUNDRED FORTY-SIX DOLLARS AND NO CENTS ($441,646.00) Which security shall guarantee the faithful performance of this contract by Subdivider and is attached hereto, marked Exhibit "A" and made a part hereof. 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 FOUR HUNDRED FORTY-ONE THOUSAND SIX HLrNDRED FORTY-SIX DOLLARS AND NO CENTS ($441,646.00) 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 THREE THOUSAND FOUR HUNDRED FIFTY DOLLARS ~ NO CENTS ($3,450.00) 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- 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 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 inderanitee, 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 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. SIGNATURE PAGE SUBDIVISION IMPROVEMENT AGREEMENT SAN MIGUEL RANCH PLANNING AREA '~C" IN WITNESS agreement to be forth. WHEREOF, the parties hereto have caused this executed the day and year first hereinabove set THE CITY OF CHULA VISTA Mayor of the City of Chula Vista ATTEST City Clerk CONTINENTAL RESIDENTIAL, INC. Gary Crouch, ~Vi~e-P~eside'fr~-Ut% Operations Approved as to form by City Attorney (Attach Notary Acknowledgment) -7- State of California ) ) SS. County of San Diego ) On November 5, 2002 before me, Michele A. Kittinger, Notary Public, personally appeared Gary Crouch of Continental Residential, Inc. 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. Michele A. Kittinger, Nohm~Public LIST OF EXHIBITS Exhibit "A" Exhibit "B" Exhibit "C" Improvement Security - Faithful Performance Form: Bond Amount: $441,646.00 Improvement Security - Material and Labor: Form: Bond Amount: $441,646.00 Improvement Security - Monuments: Form: Bond Amount: $3,450.00 Securities approved as to form and amount by City Attorney Improvement Completion Date: Two (2) years from date of Council approval of the Subdivision Improvement Agreement. Clty J:~Attorney\SIA~SMR Planning Area C -8l 5-17 RESOLUTION NO. 2002- RESOLUTION OF THE CITY OF CHULA VISTA APPROVING THE FINAL MAP SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR SAN MIGUEL RANCH PLANNING AREA "C", 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 developer has executed a Supplemental Subdivision Improvement Agreement addressing on-going conditions of approval that will remain in effect and run with the land for the map. 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. 99-04, San Miguel Ranch Planning Area "C", 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 John Igf. t~a~cgt~y City Attorney J:\Engineer\LANDDEV\Projects\San Miguel Ranch\N-C\Rcsolution SSIA final DOC THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL ~',/~'~J~Tn M. Kaheny ~ City Attorney Dated: SAN MIGUEL RANCH PLANNING AREA "C" FINAL MAP SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT BY AND BETWEEN THE CITY OF CHULA VISTA AND CONTINENTAL RESIDENTIAL, INC. RECORDING REQUEST BY: City Clerk WHEN RECORJDED 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 "C" FINAL MAP SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT (Conditions 1,10, 12,15,40,57, 90,103,109, 178, 179,187 and 194) This Supplemental Subdivision Improvement Agreement ("Agreement") is made this day of , 2002, by and between THE CITY OF CHULA VISTA, California ("C--ity" or "Grantee" for recording purposes only) and Continental Residential, Inc., a California Corporation ("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 "C" 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 29, 2000 the "Resolution" and Resolution No. 2001-453 on December 17). For purposes of this Agreement the term "Project" shall also mean "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 Continental Residential, Inc., a California Corporation and any and all owners of real property within the boundaries of the Property, and all signatories to this Agreement. b. "Guest Builder" means those entities obtaining any interest in the Property or a portion of the Property, after the final map has been recorded. c. "PFFP" means the Public Facilities Financing Plan adopted by Resolution No. 19631 on October 19, 1999, amended by Resolution No. 2001-453 and as may be amended from time to time. 2 J:~Engineer~LANDDEV~Projects~San Miguel RanchkN C\PA C SSIA 3.doc NOW, THEREFORE, in exchange for the mutual covenants, terms and conditions herein contained, the parties agree as set forth below. 2. 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 Attachment UA" 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 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 Quest 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 3 J:~Engineer[L~NDDEV\Projects\San Miguel Ranch\N C[PA C SSIA 3.doc 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 conveyance of a lot to a Homeowner's Association; 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. 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. 3. Condition No. 1 (General Preliminary) In satisfaction of Condition No. 1 of the Resolution The Developer shall comply with all requirements and guidelines of the San Miguel Ranch SPA Plan, Planned Community (PC) District Regulations, Design Guidelines, Public Facilities Financing Plan, Affordable Housing Plan, Air Quality Improvement Plan and Water Conservation Plan, as may be amended from time to time, unless specifically modified by the appropriate department head, with the approval of the City Manager. These plans may be subject to minor modifications by the appropriate department head, with the approval of the City Manager, however, any material modifications shall be subject to approval by the City Council. Developer acknowledges that issuance of any building permit for 4 J:\Engineer~LANDDEV[Projects~San Miguel Ranch\N C\PA C- SSIA 3.doc this project is contingent upon satisfaction of all applicable requirements of the San Miguel Ranch Affordable Housing Agreement (dated 8/7/01), by the Master Developer NNP-Trimark Pacific, to the satisfaction of the Director of Housing and Community Development. 4. 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 5. Condition No. 12 (General Preliminary) In 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. 6. Condition No. 15 - (General Preliminary) In satisfaction of Condition No. 15 of the Resolution, the Developer agrees to implement, to the satisfaction of the Director of Planning and Building, all applicable mitigation measures identified in FSEIR 97 02, the CEQA Findings of Fact and the Mitigation Monitoring and Reporting Program for the San Miguel Ranch Project in accordance with the requirements, provisions and schedules contained therein, and as further specified in the 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. Developer acknowledges and agrees that pursuant to item 23 of DRC 02-19 San Miguel Ranch Alicante Design Review Committee Conditions of Approval dated February 22, 2002 that final inspection of the first dwelling unit shall not be issued until the six-foot block masonry sound wall required has been installed. 5 J:~Engineer~LANDDEV~Projects[San Miguel Ranch~N-C~PA-C- SSIA-3,doc 7. 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 Disabilities 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. 8. 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 (S) and water (W} lateral locations prior to the construction of curbs so that the curb face can be stamped with an "S" and "W", for the sewer and water laterals, respectively, and the Developer shall propagate all curb face markings ih order to assure that the locations of the said utilities are identifiable. 9. Condition No. 90 - (Building Permits). In partial satisfaction of Condition No. 90, the Developer agrees to the following: That the City may withhold building permits for the Property if any one 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 improvements affected. In such case, the PFFP may be amended as approved by the City's Director of Planning and Building 6 J:\Engineer\I~DDEV~Projects~San Miguel Ranch[N C~PA C SSIA 3.doc and the Public Works Director. 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 Council or 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. 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 within the Project. 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. 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. 10. Condition No. 103 (DG Walkways free from obstacles). In partial satisfaction of Condition No. 103 of the resolution, 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.) 7 J:~Engineer~LANDDEV~Projects~San Miguel Ranch~N C~PA C- SSIA 3.doc 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. 11. 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. 12. Condition No. 178 (Noise Levels) In partial satisfaction of Condition No. 178 of the Resolution, the Developer shall design all dwelling units to preclude interior noise levels over 45 dBA and shield all exterior private open space to limit noise exposure to 65 dBA. 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 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 pollution control measures and shall identify funding mechanisms for post-construction control measures. Developer further agrees that prior to issuance of the first building permit for the project developer shall: 1. Incorporate in the project design water quality and watershed protection principal and all post construction Best Management Practices (BMPs) selected for the project, in compliance with the National Pollutant Discharge Elimination System (NPDES) Permit, and the Standard Urban Storm Water Mitigation Plans (SUSMP) and Numeric Sizing Criteria requirements. Applicant shall provide all necessary studies and reports to the satisfaction of the 8 J:~Engineer~L~DDEVkProjects~San Miguel Ranch~N C~PA C SSIA 3.doc City Engineer demonstrating compliance with the said requirements; and 2. Obtain the approval of the City Engineer of a maintenance program for the proposed post construction BMPs. The maintenance program shall include but not limited to: 1) a manual describing the maintenance activities and requirements of said facilities, 2) an estimate of cost of such maintenance activities, and 3) a funding mechanism for financing the maintenance program. In addition, prior to issuance of the building permits for production units (non- model homes), developer shall enter into a Maintenance Agreement with the City to ensure the maintenance and operation of said facilities to the satisfaction of the City Engineer. 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. Condition No. 194 - (Withhold Building Permits). In partial satisfaction of Condition No. 194 of the Resolution, the Developer acknowledges that issuance of any building permit for this project is contingent upon satisfaction of all applicable requirements of the San Miguel Ranch Affordable Housing Agreement (dated 8/7/01), by the Master Developer NNP-Trimark Pacific, to the satisfaction of the Director of Housing and Community Development. 16. Satisfaction of Conditions. City agrees that the execution of this Agreement constitutes satisfaction or partial satisfaction of Developer's obligation of Condition Nos.l, 10, 12, 15,40, 57, 90, 103, 109, 178, 179, 187 and 194 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. 17. Previous Agreement. It is the intent of the parties that the San Miguel Ranch Planning Area nC" Supplemental Subdivision Improvement Agreement - with Continental Residential, Inc., a California Corporation shall not supersede the Previous Agreement. The terms and conditions of the Previous Agreement remain in full force and effect concerning the Project. 9 J:\Engineer~LANDDEV~Projects~San Miguel Ranch~N C~PA C- SSIA-3.doc 18. Design Review Compliance. Developer agrees to comply with all terms and conditions of DRC 02-19 San Miguel Ranch Alicante Design Review Committee Conditions of Approval dated February 22, 2002. 19. Recording. This Agreement, or an abstract hereof shall be recorded simultaneously with the recordation of the Final Map. 20. 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. 21. Assignablity. 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. 22. Implement Previously Adopted Conditions of Approval Pertinent to Project. The Project 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. 23. 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 10 J:~Engineer\LANDDEV~Projects~San Miguel Ranch~N C~PA C SSIA~3.doc 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: CONTINENTAL RESIDENTIAL, INC., A CALIFORNIA CORPORATION 5927 PRIESTLY DR. SUITE 200 CARLSBAD CA 92008 Attn.: JOHN D~AN 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. 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] 11 J:kEngineer~LA/qDDEV~Projects~San Miguel Ranch~N C~PA C SSIA-3.doc [PAGE ONE OF TWO SIGNATURE PAGES TO SUPPLEMENTAL.SUBDIVISION IMPROVEMENT AGREEMENT FOR SAN MIGUEL RANCH PLANNING AREA "C" 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 12 J:~Engineer~LANDDEV~Projects\San Miguel Ranch[N-C[PA-C SSIA-3.doc [NEXT PAGE IS PAGE TWO OF SIGNATURE PAGES] [PAGE TWO OF TWO SIGNATURE PAGES TO SUPPLEME1TTAL SO-BDIVISION IMPROVEMENT AGREEMENT FOR SAN MIGUEL RANCH PLANNING AREA."C" FINAL MAP] DEVELOPERS/OWNERS: CONTINENTAL RESIDENTIAL, INC., A CALIFORNIA CORPORATION 5927 PRIESTLY DR. SUITE 200 CARLSBAD CA 92008 Attn.: JOHN DAiTNAN By: r-ou~, Vzc~'President of Operations By: 13 J:\Engimeer\L~ODEV[ProlectslSau Miguel Ranch~N-C\PA C SSIA 2.doc State of California ) ) SS. County of San Diego ) On November 5, 2002 before me, Michele A. Kittinger, Notary Public, personally appeared Gary Crouch of Continental Residential, Inc. 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 signatnre on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. M]c~e]~ A. Kittinger, Not3t34~blic 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 6 OF CHULA VISTA TRACT NO. 99-04, SAN MIGUEL RANCH PHASES 1,2 & 4 "A" MAP NO.1 IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14261, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 21, 2001. ITEM TITI, E: SUBMITTED BY: REVIEWED BY: COUNCIL AGENDA STATEMENT Item ~ Meeting Date 12/17/02 Resolution Amending the General Fund budget of the Public Works Department to add a new position of Real Property Manager and appropriating funds based on unanticipated revenue Director of Public Works t/~/~,/ /, City Manager~v~9" (4/Sths Vote: X No__) Chula Vista bas grown to a population of nearly 200,000 people and is acquiring massive amounts of' properly. In addition, tine City needs to acquire more properly in the fim~re for infrastructure and other City buildings and parks. The City has used tbe services of consultants ira the pas! for acquisitions of' properties, but stall' is proposing that the function be created as permanent stal't' position ia thc Public Works Department. This position would also serve other departments such as Community Development and Buildings and Parks Development. RECOMMENDATION: That Council approve the resolution adding a new position of Real Property Manager and appropriating ftmds.. BOARDS/COMMISSION: Not applicable DISCUSSION: Chala Vista is doing a large amount of developing and redevelopir, g. Other Cities in Sau Diego County (Occanside and Escondido) bavc created the position of"Real Property Manager" to deal with the acquisition and management of real estate. Without a specialized position such as this, each department or project manager has to manage and hire appropriate consultants to buy and sell real estate. Most City staff aren't aware of all the State and Federal regulations iu buying and condemning property lbr public projects. This position would provide a valued service for several departments on an as needed basis. It is proposed to locate this unclassified (middle) management position in the Engineering Department. However, the person would also provide services lbr any other city department that needed thegn, lhc departments that wotlld usc this person the most are Engineering, Comniunity Development and Building and Parks Constraction. Thc qualifications lbr thc ideal candidate would be a person with several years experience in tine negotiation and acquisition of property and easements for- pablic agencies. This person would set up all Real Property Mauagemcnt Unit which would: · handle acquisition of property and easements for public projects · be knowledgeable of State and Federal regulations tbr baying and condemning real property. · set t~p a centralized record system coordinated wit}] GIS for all City owned real property. · Consult and advise city departments on real estate negotiations they are pursuing. · ;lire consultants for appraising properly Page 2, Item ~ Meeting Date 12/17/02 · Work w/th other divisions in Engineering and the Attorneys Office to prepare legal descriptions and documents. · Work with risk Management to ensure that all city properties are adequately insured. · Maintain all leases and real property agreements and associated insurance and ensure leases are negotiated on a timely basis. This position should be an unclassified "at will" middle manager position due to the confidential nature of the dulies. Time spent by this position would be charged to d projects for the services rendered, thus rcquiring nfinimai funding from the General Fund. Hmnan resources has determined that the salary should be $87,500 per year. FISCAL IMPACT: It is estimated that this position would cost approximately $100,000 per year for salary and benefits. Costs would be offset by charges to CIP funds. RESOLUTION NO. 2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE GENERAL FUND BUDGET OF THE PUBLIC WORKS DEPARTMENT TO ADD A NEW POSITION OF REAL PROPERTY MANAGER AND APPROPRIATiNG FUNDS BASED ON UNANTICIPATED REVENUE WHEREAS, Chula Vista has grown to a population of nearly 200,000 people and is acquiring massive amounts of property; and WHEREAS, the City needs to acquire more property in the future for infrastructure and other City buildings and parks; and WHEREAS, the City has used the services of consultants in the past for acquisitions of properties, but staff is proposing that the function be created as permanent staff position in the Public Works Department; and WHEREAS, it is proposed to locate this unclassified (middle) management position in the Engineering Department, the position would also serve other departments such as Community Development and Buildings and Parks Development; WHEREAS, this position would be an unclassified "at ~vill" middle manager position with the title of Real Property Manager; and WHEREAS, the estimated cost of this position would be approximately $I00,000 per year for salary and benefits, which costs ~vould be offset by charges to CIP funds. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the addition of a new position of Real Property Manager and appropriate funds. PREPARED BY: APPROVED AS TO FORM BY: John P. Lippitt Director of Public Works City Attorney J:\At~orney\RESO\New Rea[ Prop Mgr Position doc COUNCIL AGENDA STATEMENT Item No 7 Meeting Date 12/17/02 ITEM TITLE: SUBMITTED BY: REVIEWED BY: RESOLUTION APPROVING AGREEMENT WITH THE CITY OF IMPERIAL BEACH TO RENEW ANIMAL CARE/CONTR~. SERVICES. Chief of Police~ City Manager(~f~g~'' (4/5ths Vote: Yes No x ) Chula Vista has provided animal control services for the City of Imperial Beach since 1999. Staff is recommending approval of the contract to continue to provide animal care and control services for the impounding, adoption, redemption, and disposition of dogs, cats, and other small animals. RECOMMENDATION: That the City Council approve the resolution to enter into a three-year agreement with the City of Imperial Beach for animal care/control services. BOARDS/COMMISSIONS RECOMMENDATIONS: Not Applicable DISCUSSION: Chula Vista provided animal care/control services to the City of Imperial Beach from 1993 to 1998. In January of 1998, Imperial Beach elected to contract with the County of San Diego for one year; however, in May of 1999, the City of Imperial Beach awarded the contract to Chula Vista. Staff is recommending approval of the contract to continue to provide animal care/control services to Imperial Beach. Services to be Rendered Services provided to Imperial Beach will encompass all sheltering services for lost and abandoned animals found in Imperial Beach, which will include holding, feeding, veterinarian care, adoption, redemption, collection of fees, selling of licenses, euthanasia and disposal Monday through Saturday. Full animal care/ control patrol services will be provided Monday through Friday, 9:00 to 5:00 P.M. and emergencies will be handled on an overtime basis after hours and on Page 2, Item 7 Meeting Date 12/17/02 weekends. Imperial Beach will pay for all overtime worked in the City of Imperial Beach. Animal control patrol services include emergency transportation of injured and sick animals found without owners, issuance of citations for violations of animal related laws, investigation of biting and vicious dogs, beach patrol, impounding of strays, and picking up dead animals on public property. Excluded Services Services that are excluded from the agreement are the trapping and nuisance control of wildlife, the trapping or capture of non-biter stray cats and the removal of dead animals on private property. Staffing Currently, the Police Department has one Animal Control Officer (ACO) assigned to Imperial Beach and .25 FTE kennel attendant to facilitate the provision of shelter services. No additional ACO's or kennel attendants are necessary to staff this contract. In addition, the City of Imperial Beach will reimburse all overtime for Animal Control Officers to provide emergency service after hours, weekends and planned special events. Imperial Beach has agreed to pay for all direct costs associated with staffing. Payments will be automatically adjusted for future salary and benefit increases associated with these positions. Services & Supplies No additional funds are requested to be appropriated for services and supplies. Staff anticipates that the existing animal control budget is sufficient. The services and supply costs are included in the contract amount. Services and supply increases may be adjusted annually up to 5% of the total contract. Based on a historical review of animal care/control service and supply account increases, staff believes the 5% cap on services and supplies will not negatively impact the contract. Equipment The City of Imperial Beach will provide an animal control vehicle and vehicle insurance. Future replacement for the vehicle will also be the responsibility of Imperial Beach. The vehicle will be maintained and replaced by Imperial Beach in accordance with the City of Chula Vista's vehicle maintenance and replacement schedules. Terms The terms of the agreement are that the City of Chula Vista provide these services for three years. Either party may terminate this agreement for any Page 3, Item 7 Meeting Date 12/17/02 reason giving specific written notice at least ninety (90) days before the effective date of such termination. If the City of Imperial Beach terminates the Agreement, the City of Chula Vista shall be entitled to just and equitable compensation for all services performed prior to the termination date. Each year the City of Chula Vista may review the cost for these services and adjust the fee structure up to 5% of the total cost of the contract to cover services and supply increases. Payments will be automatically adjusted for salary and benefit increases associated with the Animal Control Officer and the .25 Kennel Attendant. Method of Payment Beginning August 1, 2002, Imperial Beach will pay the City of Chula Vista $10,606.06 per month for the first year of the agreement for a total of $127,272.72. Chula Vista will submit the billing to Imperial Beach on or before the 10th day of the month following the billing period, and is payable upon receipt but no later than the last day of the billing month. Chula Vista will credit Imperial Beach with the amount of monies received as redemption fees during the previous month. Redemption fees are anticipated to average approximately $200 per month. Reimbursement is appropriate since the service is included in the cost of the contract with the City of Imperial Beach. FISCAL IMPACT: Total revenue anticipated from this contract for the three subsequent years is $127,272.69 per year (see attachment A). This represents an $18,490 per year increase in revenues from the previous years contract. The City of Imperial Beach will pay for all staff salary and benefit increases including overtime and call-outs. Additionally, the total cost of the contract may increase up to 5% of the total contract a year for services and supply increases. RESOLUTION NO. 2002 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, APPROVING AGREEMENT WITH THE CITY OF IMPERIAL BEACH TO RENEW ANIMAL CARE/CONTROL SERVICES WHEREAS, the City of Chula Vista has provided animal control services for the City of Imperial Beach since 1999; and, WHEREAS, staff is recommending approval of the contract to continue to provide animal care and control services for the impounding, adoption, redemption, and disposition of dogs, cats, and other small animals; and, WHEREAS, services that are excluded from the agreement are the trapping and nuisance control of wildlife, the trapping or capture of non-biter stray cats and the removal of dead animals on private property; and, WHEREAS, the City of Imperial Beach will reimburse all overtime for Animal Control Officers to provide emergency service after hours, weekends, and planned special events; and, WHEREAS, the City of Imperial Beach will provide an animal control vehicle and vehicle insurance; and, WHEREAS, the City of Imperial Beach will pay for all staff salary and benefit increases including overtime and call-outs. Additionally, the total cost of the contract may increase up to 5% of the total contract per year for services and supply increases: NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby approve the agreement with the City of Imperial Beach to renew animal care/control services. Present ~,~ . ~ard P. Emerson Police Chief Approved as to form by: John M. Kaheny~.. City Attorney THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL City Attorney Pertains to: AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE CiTY OF IMPERIAL BEACH PROVIDING FULL ANIMAL CONTROL SERVICES AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE CITY OF IMPERIAL BEACH PROVIDING FULL ANIMAL CONTROL SERVICES. WHEREAS, Chula Vista has an animal shelter and provides animal control services to the citizens of Chula Vista; and, WHEREAS, Imperial Beach desires to enter an agreement with Chula Vista for FY 2003-2005 to provide animal shelter and control services for the impounding, adoption, redemption, and disposition of dogs, cats, and other small animals; NOW, THEREFORE, IT IS AGREED by and between Chula Vista and Imperial Beach as follows: I. SERVICES Chula Vista agrees to provide animal control services to residents of Imperial Beach in the form of shelter services, animal control patrol services and administrative services. SHELTER SERVICES: Chula Vista agrees to permit the City of Imperial Beach the use of animal shelter facilities owned and operated by the City of Chula Vista for the impounding, adoption, redemption, and disposition of dogs, cats and other small animals subject to the provisions of the Imperial Beach Animal Ordinances. The facility is located in the City of Chula Vista at 130 Beyer Way. Chula Vista agrees to provide shelter services for residents of Imperial Beach during normal shelter hours, currently Monday through Friday 10:00 to 5:00 and Saturday 10:00 to 4:00. The shelter will be closed on Sunday and all major holidays. Chula Vista agrees to notify Imperial Beach of changes in shelter hours in advance. Chula Vista agrees to accept all stray animals from Imperial Beach residents at no charge. Appropriate fees, in accordance with Chula Vista's master fee schedule, will be charged for Imperial Beach residents wishing to relinquish owned animals to the shelter for euthanasia or adoption, or to redeem animals. Animal Control Services Agreement Page I of 11 Chula Vista agrees to hold all dogs and cats for the minimum holding period pursuant to the California Food and Agriculture Code and other applicable State Law. As per applicable State code sections, animals with communicable diseases and severe injuries or illness may be euthanized prior to the normal holding period. Veterinary medical care will be provided for all impounded animals for the duration of their hold period as needed. Chula Vista will attempt to notify owners of identified animals as to the whereabouts of the animal and the holding period. Imperial Beach shall relinquish all animals not claimed or adopted to the City of Chula Vista for disposition in accordance with all applicable laws, policy or procedure as deemed appropriate by the Chula Vista Shelter Manager. Upon payment of redemption fees, Chula Vista will release to the legal owner, any impounded domestic animal. Chula Vista will have discretion without recourse to Imperial Beach to release animals under special circumstances regardless of payment of fees. Chula Vista will conduct all impound and administrative hearings as required by law. Imperial Beach will provide a hearing officer if Chula Vista is unable due to conflict of interest or prejudice or if the Imperial Beach Municipal Code specifies that the hearing officer will be an official from Imperial Beach. Chula Vista shall not be responsible to any resident of Imperial Beach, or to the City of Imperial Beach, because of the destruction of any animal delivered to and accepted by the shelter pursuant to this agreement, and the City of Imperial Beach agrees to hold harmless the City of Chula Vista from any claims arising from damage or injury to animals belonging to residents of the City of Imperial Beach and accepted by the Chula Vista Animal Shelter. Chula Vista shall maintain its shelter in a humane manner and shall keep its shelter in a sanitary condition at all times. All services furnished by Chula Vista shall be provided in accordance with local laws and the laws of the State of California. Chula Vista shall use humane methods in the care, euthanizing, and disposition of any animal coming under its jurisdiction. Chula Vista will not sell or give any live or dead animal to a medical research facility at any time or from any jurisdiction. Animal Control Services Agreement Page 2ofll Chula Vista will ensure all dogs, cats and rabbits adopted from the shelter are spayed or neutered at the time of adoption or a spay/neuter deposit will be collected in accordance with state law. Additionally, Chula Vista Animal Shelter will provide the public with Iow-cost spay/neuter information and assistance. PATROL SERVICES: 10. Chula Vista agrees to provide a uniformed Animal Control Officer to patrol Imperial Beach Monday through Friday 9:00 a.m. to 5:00 p.m. in the manner and to the extent that Chula Vista deems appropriate. 11. Patrol services shall be conducted five (5) days a week Monday through Friday 9:00 a.m. to 5:00 p.m. and shall include emergency transportation of injured or sick animals, the issuance of citations for violations of state and local laws and ordinances, beach patrol, impounding of strays, investigation of biting and vicious or dangerous animals, trapping of animals (except as noted below), investigating humane complaints, investigating barking dog or animal noise complaints, picking up dead animals and educating the public about pet responsibility. Chula Vista may alter the patrol hours to include Saturdays on a rotating basis as is deemed necessary by both parties. Imperial Beach will pay for the overtime cost associated with emergency responses after normal business hours at the full cost recovery rate approved by the Chula Vista City Manager. 12. All requests for service will be handled in a reasonable time and manner and based on a priority system (see priority response chart). Chula Vista will employ staff as needed in emergency situations to assure reasonable response times. Chula Vista is excused from timely performance during equipment failures, strikes, labor disputes, personnel shortages, severe weather road impediments, disasters and Other forces outside the control of Chula Vista. 13. 14. Animal Control Livestock will be removed under contract with a separate agency, chosen by the Chula Vista Animal Shelter capable of removing livestock. Trailering, board and other fees will be paid by Imperial Beach. Chula Vista agrees to conduct special enforcement animal control patrols as needed or requested by Imperial Beach, Services Agreement Page 3 of 11 provided there are no conflicts with the City of Chula Vista's needs. This will include special animal control patrol hours, sweeps and beach enforcement. All overtime will be paid by Imperial Beach. 15. Chula Vista will provide Animal Control personnel for scheduled special events as requested, provided there are no conflicts with Chula Vista's needs. These events will be performed on an overtime basis and all overtime will be paid by Imperial Beach. ADMINISTRATIVE SERVICES: 16. Chula Vista may, if requested in writing by the City of Imperial Beach, issue dog or other animal licenses to Imperial Beach residents at the shelter and collect fees for same. Imperial Beach may revoke Chula Vista's licensing authority at any time for any reason by providing fifteen (15) calendar days' notice. 17. Imperial Beach will implement and administer its own licensing program. If Imperial Beach requests and Chula Vista agrees to provide licensing services to Imperial Beach and maintain a Dog License Data Base System of Imperial Beach's licensed and delinquent dogs and owners, the cost for Chula Vista to administer a license program will be $4.25 per license. Chula Vista will assist Imperial Beach with the implementation of a Rabies/Licensing clinic program. 18. Chula Vista will provide a representative to attend any Imperial Beach meetings that involve animal control issues upon request and with reasonable notice. 19. A Chula Vista representative will meet and confer in good faith with an Imperial Beach administrator over operational issues associated with the administration of this contract. 20. Chula Vista will provide monthly reports to the City of Imperial Beach. These reports will include the number of impounds, redeems, euthanizations, licenses sold, service, responses, and adoptions. 21. Chula Vista shall establish a notification policy for its officers with the assistance of Imperial Beach officials. The policy shall identify the types of incidents for which Chula Vista Animal Animal Control Services Agreement Page 4 of l l Control will be required to notify designated Imperial Beach officials. Notification shall include the nature, circumstances, and status of the event. Chula Vista will also supply, if requested, copies of all supporting documents and information involving the event. Imperial Beach will supply a list of designated city officials to Chula Vista and the methods of desired contacts. II. EXCLUDED SERVICES Chula Vista will not trap skunks, opossums or other indigenous small animals for the purpose of nuisance control. Wildlife will only be handled for purposes of public safety or for humane reasons. Cats, feral or tame, will only be trapped when a bite has occurred or to protect the public health or safety. Cats in traps will be removed from the bird sanctuary at Imperial Beach's request when staffing is available. Cat traps will be provided by Imperial Beach. Only dangerous snakes will be removed from private property. Dead animals on private property are the responsibility of the property owner. Owned sick or injured animals are the responsibility of the animal owner. III. IMPERIAL BEACH RESPONSIBILITY PAYMENT OFSERVICES: Imperial Beach will pay the Actual Cost for providing all services provided for under this agreement. Actual Cost means all Customary charges including, without limitation, labor and indirect overhead charges, overtime, benefits, paid time off, administrative cost, supply and food costs, and clerical support as described in Attachment 1. Chula Vista will credit Imperial Beach's account for Redemption Fees collected under this Agreement. Imperial Beach agrees to provide Chula Vista with a 4WD (four-wheel drive) animal control vehicle that is white in color and is substantially similar to Chula Vista's existing animal control fleet. Vehicle replacement, maintenance, fuel, and oil are the responsibility of Imperial Beach. The vehicle will be Animal Control Services Agreement Page 5 of 11 ?-1t maintained at the same level of service as Chula Vista vehicles. Any variances of this maintenance schedule Will be approved by the Chula Vista Fleet Manager. If Imperial Beach and Chula Vista agree to extend or not extend services beyond this Agreement, the animal control vehicle remains the property of Imperial Beach. Vehicle will be identified with appropriate lettering spelling out "Imperial Beach Animal Control" and appropriate Imperial Beach city seal placed on the left and right doore and Chula Vista Animal Control phone number clearly displayed. Chula Vista will automatically adjust Imperial Beach payments for future salary and benefits increases. In addition services and supplies may be adjusted annually up to 5% of the total contract. Overtime will be fully reimbursed by Imperial Beach. Commencing on August 1, 2002, and extending through July 30, 2005, Imperial Beach agrees to pay the City of Chula Vista the sum of $10,606.06 per month for the aforementioned services and facilities. At the end of FY 02-03, a review of this contract will be made and appropriate adjustments for salary increases, and other services and supplies will be determined. The City of Chula Vista shall, as of the first day of each month, credit Imperial Beach with the amount of monies received during the previous month from Imperial Beach residents as fees for redemption of Imperial Beach animals. The Finance Office shall submit the billing to Imperial Beach on or before the 10th day of the month following the billing period and that amount shall be due and payable within thirty (30) days of the invoice date. A penalty of ten percent (10%) will be assessed on late payments as well as on a one and one half (1~%) finance charge per month on the original delinquent charge. Should Chula Vista terminate or default in this agreement: Prior to an installment payment being due, Imperial Beach shall not be required to pay the outstanding installment; however, Imperial Beach shall not be entitled to a refund of any installment made for the prior year. SUPPORT SERVICES Imperial Beach will provide Chula Vista with a current listing of all animal licenses issued, including permits or licenses for dogs, cats, dangerous dogs or animals, exotic animals, kennels, pet shops, ranches or farms, dog shows, obedience trials and circuses. Animal Control Services Agreement Page 6 of11 Imperial Beach will notify Chula Vista of any animal-related issues which are or anticipated to be scheduled on an agenda for the City Council or any legislative or administrative body of Imperial Beach. Imperial Beach agrees to provide all police services necessary for Chula Vista to carry out its duties including police backup upon request of the Chula Vista Animal Control Officer. Imperial Beach agrees to permit Chula Vista Animal Control Officers to use tasers within the City of Imperial Beach. Chula Vista Animal Control Officers are employees of the Chula Vista Police department and are required to carry tasers while on duty in their animal control uniform, Chula Vista Animal Control Officers also carry in their vehicles tranquilizer guns and equipment. Imperial Beach agrees to adopt and/or follow the fee schedule established by Chula Vista. Both parties agree to meet and confer in good faith with Chula Vista's Administrator regarding operational matters upon request. Imperial Beach will provide legal representation in cases of public nuisance, dangerous and potentially dangerous animal cases, and for lawsuits, claims, or litigation pertaining to these cases. IV. Animal TERMS AND CANCELLATION RIGHTS TERMINATION OF AGREEMENT FOR CONVENIENCE Either party may terminate this Agreement at any time and for any reason, by giving specific written notice of such termination and specifying the effective date thereof, at least ninety (90) days before the effective date of such termination. If the Agreement is terminated by Imperial Beach as provided for in this paragraph, Chula Vista shall be entitled to receive just and equitable compensation for all services performed prior to the effective date of such termination. TERMINATION OF AGREEMENT FOR CAUSE. If, through any cause, either party shall substantially fail to fulfill in a timely and proper manner any obligation under this Agreement, or Control Services Agreement Page 7ofll violate any of its covenants, agreements or conditions, the parties shall have the right to terminate this Agreement by giving written notification of such termination and specifying the effective date thereof at least five (5) days before termination. If the Agreement is terminated by Imperial Beach as provided for in this paragraph, Chula Vista shall be entitled to receive just and equitable compensation for all services performed prior to the effective date of such termination. NOTICES AND DESIGNATION OF ADMINISTRATOR All notices and demands shall be given in writing by personal delivery or first-class mail, postage prepaid. Notices shall be addressed to the Administrator, or his/her designee, designated below for the respective Party; provided that, if any Party gives notice of a change of name or address, notices to the giver of that notice shall thereafter be given as demanded in that notice. Notices shall be deemed received seventy-two (72) hours after deposit in the United States mail. The following, including their respective addresses, are hereby designated as Administrators for the purposes of this Agreement only: City of Chula Vista: Chief of Police, and/or his/her designee 276 Fourth Avenue Chula Vista, CA 91910 City of Imperial Beach Director of Public Safety, and/or his/her designee 865 Imperial Beach Boulevard Imperial Beach, CA 92132 WAIVER The waiver by one party of the performance of any covenant, condition or promise shall not invalidate this Agreement, nor shall it be considered a waiver by him of any other covenant, condition, or promise. The waiver by either or both parties of the time for performing any act shall not constitute a waiver of the time for performing any other act or an identical act required to be performed at a later time. The exercise of any remedy provided in this Agreement shall not be a waiver of any consistent remedy provided Animal Control Services Agreement Page 8 of 11 Animal by law, and any provision of this Agreement for any remedy shall not exclude the consistent remedies unless they are expressly excluded. CONSTRUCTION Entire Agreement. This Agreement supersedes any prior agreement and contains the entire agreement of the parties on the matters covered. No other agreement, statement, or promise made by any party or by any employee, officer or agent of any party that is not in writing and signed by all parties shall be binding. Amendment. This Agreement may only be amended by the written consent of all the parties at the time of such amendment. Governing Law. This Agreement has been executed in and shall be governed by the laws of the State of California. Invalidity. If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired, or invalidated thereby. Interpretation of Agreement. This Agreement shall be construed as a whole and in accordance with its fair meaning. Captions and organizations are for convenience and shall not be used in construing meaning. No Strict Construction. This Agreement shall not be strictly construed against any party hereto. Authority. Individuals signing this Agreement have full right and authority to bind their respective Parties to this Agreement. Best Efforts and Cooperation. The parties promise to use their best efforts to satisfy all conditions to this Agreement and to take all further steps and execute all further documents reasonably necessary to put this Agreement into effect. Unless otherwise stated in this Agreement, all persons employed in the performance of services and functions for the City of Imperial Beach under this Agreement shall be Chula Vista employees. No Imperial Beach employee shall perform services or functions that Chula Vista is obligated to provide under this agreement. All persons employed by Chula Vista to perform the services pursuant to Control Services Agreement Page 9 of 11 this agreement shall be entitled solely to the rights and privileges given to Chula Vista employees and shall not be entitled, as a result of providing services pursuant to this agreement, to any additional rights and privileges given to Imperial Beach employees. Imperial Beach shall not be liable for the direct payment of any salaries, wages, or the compensation to any Chula Vista personnel performing services hereunder for Chula Vista or any liability other than that provided for in this agreement. Unless specified otherwise, Imperial Beach shall not be liable for compensation or indemnity to any Chula Vista employee for injury or sickness or any other claims arising out of his or her employment. Chula Vista is an independent contractor, and no agency relationship, either expressed or implied, is created by the execution of this Agreement. CITY OF CHULA VISTA Date: Approved as to form: Shirley Horton, Mayor Attest: John Kaheny City Attorney Susan Bigelow City Clerk CITY OF IMPERIAL BEACH Matt Rodriguez, City Manager Attest: Cl~rk Animal Control Services Agreement Page 10 of 11 ANIMAL CONTROL SERVICES FOR IMPERIAL BEACH Chula Vista Animal Control Response Levels Type of Service In Progress Not in Progress Dangerous Animal Threatening Human I 3 Possible Rabid/Biter Animal At Large 1 3 Major Injury to Animal 1 3 Cruelty to Animal 1 3 Animal Inside Vehicle 1 3 Fighting Animals 1 3 Dogs Harassing Livestock 1 3 Sick or Minor Injury to Animal 2 3 Animal Welfare Investigation 2 3 Quarantine Biter Animal 3 N/A Confined Stay Animal 3 N/A Field Relinquished Animal 3 N/A Dog Running at Large 3* 4* Patrol Service 3* 4* Priority Level Response Guidelines Level 1 First priority, Officer will respond ASAP Level 2 Second priority, Officer make every effort to respond within 12 hours of receipt Level 3 Third priority, Officer will make every effort to respond within 24 hours of receipt Level 4 Fourth priority, Officer will make every effort to respond within 72 hours of receipt * During normal business hours and officer will respond ASAP Animal Control Services Agreement Page 11 of 11 ITEM TITLE: SUBMITTED BY: REVIEWED BY: COUNCIL AGENDA STATEMENT Item: ~ Meeting Date: 12/17/02 RESOLUTION - ACCEPTING AND APPROPRIATING $46,623 FROM THE STATE CALIFORNIA HIGH TECHNOLOGY PROGRAM FOR POLICE TECHNOLOGY AND AUTHORIZING THE CHIEF OF POLICE TO UTILIZE (REPROGRAM) SAVINGS RESULTING FROM THE EQUIPMENT PROCUREMENT PROCESS FOR ADDITIONAL UNSPECIFIED HIGH TECHNOLOGY EQUIPMENT. Chief of Polic~,~' City ~anager ,¢" ~ (4/5thsVote: Yes X No ) As part of this year's State budget funds were allocated to support technology improvements in local law enforcement agencies. The City of Chula Vista has been allocated $46,623. RECOMMENDATION: That the City Council accept and appropriate $46,623 from the State California High Technology Program for police technology. BOARDS/COMMISSIONS RECOMMENDATIONS: N/A DISCUSSION: As part of this year's State budget funds were allocated to support technology improvements in local law enforcement agencies. The City of Chula Vista has been allocated $46,623, which will be used for the following purposes: Digital Darkroom - "Digital Darkroom" is the computer version of the traditional wet process, chemical style darkroom used for film media. Digital photography is now recognized and accepted in courtrooms throughout the country. As a result law enforcement agencies everywhere are realizing the value of this form of image capturing for their unique needs and varied applications. Digital Darkroom includes the computer hardware and a specialized software program. These items together are designed specifically for the needs of the forensic photographer. The system is dedicated to a failsafe method of archiving, managing and printing the thousands of invaluable Page 2, Item (~ Meeting Date: 12/17/02 crime scene and evidence photographs that must be warehoused securely in the Police Crime Lab. The digital darkroom will result in a seamless and automated means of managing all of CVPD's forensic crime scene photography. The new system will assure efficient warehousing of these confidential photo images; it will significantly reduce the considerable cost of film and film processing; eliminate the need to deal with caustic darkroom chemicals; and speed up enormously the process of getting crime photos to the case investigators and the members of the district attorney's office who depend on this visual information usually on a rush basis. Mobile Data Computer (MDC) - Staff recommends the purchase of a MDC for the Investigative Services Vehicle recently approved by Council. Digital Cameras - Staff recommends the purchase of additional digital cameras for Patrol officers. The department has begun to transition from the use of Polaroid cameras to digital cameras; digital cameras provide a fast and easy way for officers to take photographs that can be easily stored. Digital cameras have the added benefit of being able to immediately evaluate the quality of the captured images. FISCAL IMPACT: The $46,623 High Technology Program allocation will be used for the purchase of digital darkroom software, MDC and digital cameras. There is no impact to the general fund. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING AND APPROPRIATING $46,623 FROM THE STATE CALIFORNIA HIGH TECHNOLOGY PROGRAM FOR POLICE TECHNOLOGY AND AUTHORIZING THE CHIEF OF POLICE TO UTILIZE (REPROGRAM) SAVINGS RESULTING FROM THE EQUIPMENT PROCUREMENT PROCESS FOR ADDITIONAL UNSPECIFIED HIGH TECHNOLOGY EQUIPMENT. WHEREAS, the Police Department was allocated $46,623 from the State's budget to support technology improvements; and WHEREAS, acceptance of the grant will allow the Department to purchase a Digital Darkroom software system, one additional MDC and digital cameras; NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby accept $46,623 from the State California High Technology program for Police technology and amend the FY 2002-03 budget therefore. Richard P. Emerson Police Chief Approved as to form by: John M. Kahen~~, ' City Attorney ~)u v ~ COUNCIL AGENDA STATEMENT Page 1, Item ~ Meeting Date: 12/17/02 ITEM TITLE: SUBMITTED BY: REVIEWED BY: RESOLUTION NO. OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $1,037,810 FROM THE AVAILABLE FUND BALANCE OF THE TRANSPORTATION DIF FUND AND TRANSFERRING THOSE MONIES TO THE PUBLIC FACILITIES DIF FUND FOR CONSTRUCTION OF THE EASTLAKE GYMNASIUM. Assistant City Manager Powell~ City Manager~.'~2~ (4/5'"' Vote: Yes X No ) BACKGROUND: A loan which was made from the Eastlake Park DIF portion of the Transportation DIF Fund in 1996 as part of an agreement with the Eastlake Development Corporation, was repaid in full on November 11, 2002, with the repaid funds earmarked for a new Eastlake gymnasium. On November 12, 2002, Council approved the creation of a new Recreation Facilities component of the Public Facilities DIF specifically to fund construction of such facilities. Therefore, the Eastlake Park DIF funds totaling $1,037,810 should now be transferred to the Public Facilities DIF. RECOMMENDATION: That City Council adopt a resolution appropriating $1,037,810 from the available fund balance of the Transportation DIF Fund and transferring those monies to the Recreation Facilities component of the Public Facilities DIF Fund. BOARDS AND COMMISSIONS: N/A DISCUSSION: In 1996, an $880,738 loan was made from the Eastlake Park DIF portion of the Transportation DIF Fund as part of an agreement with the Eastlake Development Corporation. As per the terms of the agreement, the loan was repaid by The Eastlake Company on November 11, 2002 with the express intention of applying those monies toward construction of a new gymnasium to be situated within the planned Eastlake Community Park. On November 12, 2002, City Council approved the creation of a new Recreation Facilities component of the Public Facilities DIF Fund. The new component was specifically created in order to fund the construction of major recreation facilities such as the planned Eastlake gymnasium. It is therefore appropriate that the repaid Eastlake DIF funds plus accrued interest, together totaling $1,037,810, be transferred from the Transportation DIF Fund to the Public Facilities DIF Fund (Recreation Facilities component) in order for the City to properly expedite the Eastlake gymnasium project. FISCAL IMPACT: Although the proposed transfer of $1,037,810 between funds reduces the total available fund balance to the Transportation DIF, it is important to note that these funds were dedicated for a specific project - construction of the Eastlake gymnasium - which is now the purview of the Public Facilities DIF. The transfer generates no net fiscal impact to the city's overall fund balances. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $1,037,810 FROM THE AVAILABLE FUND BALANCE OF THE TRANSPORTATION DIF FUND AND TRANSFERRING THOSE MONIES TO THE PUBLIC FACILITIES DIF FUND FOR CONSTRUCTION OF THE EASTLAKE GYMNASIUM. WHEREAS in 1996, an $880,738 loan was made from the Eastlake Park DIF portion of the Transportation DIF Fund as part of an agreement with the Eastlake Development Corporation; and WHEREAS, the loan was repaid by the Eastlake Company on November 11, 2002 with the intention of applying those funds toward building the Eastlake gymnasium; and WHEREAS, on November 12, 2002, City Council approved the creation of a new Recreation Facilities component of the Public Facilities DIF in order to fund the construction of major recreation facilities such as the Eastlake gymnasium; and WHEREAS, it is now appropriate for the repaid loan funds plus accrued interest to be transferred to the Public Facilities DIF Fund; NOW, THEREFORE, BE tT RESOLVED the City Council of the City of Chula Vista does hereby adopt a resolution appropriating $1,037,810 from the available fund balance of the Transportation DIF Fund and transferring those monies to the Recreation Facilities component of the Public Facilities DIF Fund. Presented by Approved as to form by Robert Powell Assistant City Manager John M. Kaheny City Attorney COUNCILAGENDA STATEMENT ITEM TITLE: ITEM MEETING DATE 12/17/2002 Ordinance of the City of Chula Vista amending Chula Vista Municipal Code section 8.24.180 under Chapter 8.24 "Solid Waste And Litter" SUBMITTED BY: REVIEWED BY: Assistant City Manager Pow.e, ll/¢x (4/5ths Vote: City Manager~'lC Yes __ No X_ ) SUMMARY: The City has utilized property liens as an effect tool for enforcing the collection of delinquent trash service accounts for the last eighteen months. This has allowed the City to collect past due charges via the owner's next property tax bill and also restricts transfer or refinancing of the property until the debt is paid. In order for this effective practice to continue, the County is requiring specific amendments to the Municipal Code authorizing the imposition of liens and special assessments. RECOMMENDATION: That the City Council adopts the proposed amendments to Chula Vista Municipal Code section 8.24.180 under Chapter 8.24 "Solid Waste And Litter". BOARD/COMMISSION RECOMMENDATION: N/A DISCUSSION: The City Council has determined that the regular collection and disposal of solid waste and recyclables is an important part of the City's integrated solid waste management service provided to the citizens of Chula Vista. Of course, collection and recycling of that waste could not be accomplished without the payment of service charges that compensate the franchisee for performing its contractual duties. It is a fundamental notion that everyone using solid waste disposal services has a duty to pay for the services rendered. If such payment does not occur, certain penalties for delinquency must be exacted on the person who fails to pay. One effective penalty and method of collection is the filing of a lien against the offending property. This allows the City to collect past due charges via the owner's next property tax bill and also restricts transfer or refinancing of the property until the debt is paid. Furthermore, failure to satisfy the lien or pay the full tax bill (with the delinquent charges attached) could result in foreclosure proceedings being initiated against the property owner. Recently, the County of San Diego, on advice from legal counsel, began requesting cities and other local agencies to include additional language in their ordinances authorizing the imposition of liens and special assessments. This additional language can be found in subsection 8.24.180 (F)(1) of the attached ordinance. If such language is not adopted, the County has stated that it may block the City from using its lien recordation system, thereby allowing some individuals who sell or refinance their home between March and August to thwart the City's collection efforts. Finally, it is worth noting that other technical amendments were incorporated into this ordinance update to improve overall readability. None of these technical changes would result in a substantive change in the current law regarding collection of solid waste fees. Because this collection tool is extremely useful in collecting past due solid waste service charges and discourages accounts from becoming delinquent in the first place, staff recommends that the City Council adopt the proposed amendments. FISCAL IMPACT: This ordinance clarification would allow the City to continue its collection efforts on delinquent trash accounts which have generated over $293,000 since the inception of this program in FY00-01. Of this amount, the City has received $26,500 in Franchise Fees, $5,300 in AB939 fees, and $9,100 in late fees. Without the use of the property tax bill for collections, much of this revenue would not likely have been realized. ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 8.24.180 UNDER CHAPTER 8.24 "SOLID WASTE AND LITTER" WHEREAS, everyone using solid waste disposal services must pay for the services rendered; and WHEREAS, if a person using solid waste disposal services does not pay for these services and his or her account becomes delinquent, certain means must be used to recover the amount in arrears and also discourage future delinquencies; and WHEREAS, an effective tool for recovering the monies owed on delinquent accounts is by filing a lien against the offending property, which allows the City to collect past due charges via the owner's next property tax bill and also restricts transfer or refinancing of the property until the debt to the City is paid; and WHEREAS, the County may block the City from using its lien recordation system if certain amendments to the Municipal Code are not adopted, thereby allowing some individuals to thwart the City's collection efforts; and NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain: SECTION I. That Section 8.24.180 of the Chula Vista Municipal Code is amended to read as follows: (Redlined text is deleted; underlined is added) 8.24.180 Payment of solid waste collection charges - penalty for delinquency. A. Payment obligation. The city council finds and determines that the regular collection of Solid Waste, Yard Waste and Designated Recyclables and the disposal or processing thereof by the contract or franchise agent of the city from all places in the city is a part of the integrated solid waste management service to the premises from which it is collected. All owners and occupants of premises within the city shall be responsible for paying the monthly collection service rate charged by the city. or its contract or franchise agent, or shall comply with the provisions of this Chapter for an exemption from mandatory service as set forth in Section 8.24.180.H. No person that has not previously applied for and Solid Waste and Litter Amendment Text Underlined is Added Page 2 of 8 Text Redlined is Deleted received an exemption shall willfully fail, neglect or refuse, after demand by the city or its contract or franchise agent to pay the service fees. B. Billing and payment. All Solid Waste service charges shall be billed upon a monthly or bi-monthly basis as determined by the city council, and shall be due and payable by the owner/occupant at the time indicated in the billing statement. The city's solid waste contract or franchise agent will provide solid waste billing services, and subject to the provisions of this Chapter, be primarily responsible for the collection of payments. The due date for each class of generator shall be clearly indicated on the bill/invoice. If the due date falls on a Saturday, Sunday or legal holiday, the customer will have until the end of the next regular business day to make payment. Payments made by mail must be post-marked no later than midnight of the due date on the invoice. Payments may be made in person on or before the due date between 8 a.m. and 5 p.m., Monday through Friday excluding holidays at the contract or franchise agent's Chula Vista office. C. Billing cycles, classifications and due dates. All Solid Waste service charges for Small Generators (residential dwellings and businesses with curb service) shall be billed bi-monthly in advance. The due date for Small Generator invoices shall be the last day of the bi-monthly billing cycle. Solid Waste service charges for Large Generators (residences and businesses with bin, compactor or roll-off service) shall be billed monthly in arrears. The due date for Large Generator invoices shall be 15 days after the last day of the monthly billing cycle, The cost of temporary services such as industrial roll-off boxes may be applied to the monthly or bi-monthly billing statements of existing customers, secured by a line of credit or paid for as "Cash On Delivery" (COD) as mutually agreed by the city contract or franchise agent and the customer. The city will direct the contract or franchise agent to deliver invoices to the Postal Service in a manner that will provide a customer no less than 15 days for delivery and payment of their invoice without penalty. D. Service rates. The contract or franchise agent shall set service rates subject to a Maximum Rate established by the city council. A complete schedule of Maximum Rates, shall be kept on file with the city clerk and the city conservation coordinator and is available for public review. Maximum Rates may be subject to increase pursuant to the terms of the city's contract or franchise with the contract or franchise agent(s). Subject to the terms of the then in effect contract or franchise, the council may from time to time establish such rates by resolution, including the establishment of rates for different classifications of generators (residential, commercial, industrial or sub-classifications thereof) or types of materials generated, including preferential or discounted rates for senior citizens or Iow income families or other classifications which are deemed to be in the public interest. E. Penalties for delinquency- notification. Solid Waste and Litter Amendment Text Underlined is Added Page 3 of 8 Text Redlined is Deleted 1. Delinquent accounts - ,qenerally. A bill shall be considered delinquent if payment in full is not received by the close of business or, postmarked before midnight, of the due date as shown on the bill. However, when the final day falls on a Saturday, Sunday or legal holiday payment may be made without penalty on the next regular business day. If payments for Small Generator invoices have not been received by the city's contract or franchise agent ten days before the due date, the city's contract or franchise agent shall send notification ("First Warning'_') outlining potential late fees and penalties to the resident or business. 2. Late notice. In the event the owner or occupant of any premises or business shall be delinquent in payment of any part or all of the Solid Waste fees and the delinquency continues for a period of ten days after the due date shown on the bill, the city's contract or franchise agent shall send notification ("Late Notice") to the owner and occupant informing both of the amount owed and the schedule of penalties and costs accrued at each stage of delinquency as defined below. The notification to the owner shall be mailed to the name and address listed on the last available property tax assessment roll and shall melude-indicate the-that.~the delinquenc_ty amount may to be assessed as a lien and collected on the owner's property tax bill. If payment in full is not received by the due date on the bill/invoice, the city or its contract or franchise agent may impose a one time late/processing fee equal to 10 percent of the charges owed or ten $10.00, whichever is .qreater. In addition, for each 30 days the delinquent bill remains unpaid the city orr its contract or franchise agent may impose additional late/processing fees equal to 1~,/, percent of the outstanding debt. In addition to any late fee(s) imposed pursuant to the paragraph above, if payment in full is received more than 15 days after the due date on the bill/invoice!f thc ~'~'~ ~° ""* ""~,4 '"~"'"' !5,4 .... cf the ~ .... ~.... ,4.... ,4..+,. the city or its contract or franchise agent may charge an additional "restart fee" of $10.00. in thc master fee ......... ). The city~- or its contract or franchise agent must at minimum send one bill/invoice at least ten days before the due date and one notification letter by first class mail to the owner or occupant prior to assessing a penalty. 3. Final late notice. In the event that the owner or occupant of any premises or business is delinquent in payment of all or any part of the Solid Waste bill, other than for which they have applied for and received an exemption from the city, for a period of 90 days after the due date, of the invoice the city or its contract or franchise agent shall assign the delinquent account to the city for collection. Upon mutual agreement the city contract or franchise agent may assign delinquent accounts to the city before ninety days. At least ten days prior to assigning an account to the city for collection the city contract or franchise agent shall send a second notification ('_'Final Late Notice") to the owner. The Solid Waste and Litter Amendment Text Underlined is Added Page 4 of 8 Text Redlined is Deleted notification shall include the total current amount due, a description of the potential penalties for delinquent amounts and a description of the potential lien process ~ .... '*~ .... ,4 ~ ...... ,4-'~'-'-"+'-,4 for ,.,4,-..~,.~o,~o+~ .......... ; ...... ,,, ,,,;- *~'.,,.. .... ,,,-.....,*-'- ¢,.... .... ....,,......,..~,~'~,4"~-~ the location where the bill may be paid in person during regular business hours and a self_-addressed return envelope for payment by mail. 4. Final nNotice of dDelinquency. Upon assignment of the delinquent account to the city for collection, the delinquent charges, penalties and fees may be collected by the city: a. pursuant to a lien imposition and property tax bill process provided below; b. by suit in any court of competent jurisdiction: or ¢. any other manner permitted by law or equity at the city's discretion. Prior to setting a hearing to consider a lien the city will send notification ("Final Notice of Delinquency") to the property owner with a detailed description of the amount owed, penalty schedule, lien procedure and associated costs and tio fe (th administra n es e p ........................ ~ .......................... F. Lien process for solid waste services. 1. Lien process - generally. The entire amount due for Solid Waste services, includinq all penalties, interest, reasonable attorney's fees, and administrative fees that have accrued a.qainst the account plus any county fees for processing and collectinq the lien (hereinafter collectively referred to as "Char.qes") shall be a charge on the property served and shall be a continuing lien upon the property served, the lien to become effective upon recordation of a Notice of Delinquent Solid Waste Service Charge (hereinafter "Notice of Delinquency"). Any Charges imposed in accordance with this ordinance shall be a debt of the owner of property served from the time the Charqes are levied. At any time after an account has become delinquent and a hearing has been held, the Finance Director may file for record in the office of the San Diego County Recorder, a Notice of Delinquency as to such property served, which notice shall state the amount of the Charges. The notice also shall contain the street address and assessors parcel number of the property served, the name of the record or reputed record owner of such property, and the name and address of the city or the name and address of the trustee authorized by the city to enforce the lien (if by nomiudicial foreclosure as provided below). Immediately upon recording of any Notice of Delinquency pursuant to the foregoing provisions of this section, the amount of the Charges shall be and become a lien upon the property served described therein. In the event the Solid Waste and Litter Amendment Text Underlined is Added Page 5 of 8 Text Redlined is Deleted Charges are paid fully or otherwise satisfied prior to the completion of any sale held to foreclose the lien provided for in this ordinance, the Finance Director shall record a further notice stating th.e satisfaction and release of such lien. Each lien may be foreclosed as and in the same manner as the foreclosure of a mortqa~e upon real property under the laws of the State of California, or may be enforced by sale pursuant to California Civil Code sections 2920 et seq. and 1367, or any successor statute or law, and to that end, the right to enforce the lien by sale is hereby conferred upon the city and its trustee designated in the Notice of Delinquency, or a trustee substituted pursuant to California Civil Code section 2934a. The city shall have the power to bid for the property served at a foreclosure sale, and to acquire and hold, lease, mortgage and convey the same. A suit to recover a money iud.qment for Charges shall be maintainable without foreclosing or waivin.q the lien securing the same. In any action by the city to collect Charges the prevailing party shall be entitled to recovery of its costs and reasonable attorney's fees. ~-2. Hearing and lien - notice. When the full amount for said Solid Waste service charge is not paid within fifteen days after the Final Notice of Delinquency, the city clerk may set said delinquent account for hearing by the city council at a regular or adjourned regular meeting which will be held at least seven calendar days after such fifteen-day period has expired. The owner of the property shall be mailed notice of the time and place of the hearing. The notice shall also inform the property owner that failure to pay said delinquent account will result in a lien upon the property, and the amount owed will be charged to the property owner on the next regular tax bill. Notice of the public hearing shall also be published once at least ten days in advance thereof in a newspaper of general circulation published in the city of Chula Vista. The city clerk shall post a copy of such notice of the time and place of hearing, in a conspicuous place at or near the entrance of the council chambers in the city hall. 23. Delinquent accounts - hearing and assessment. The city council shall consider said delinquent accounts at the time set for hearing together with any objections or protests by interested parties. Any owner of land or person affected by the charges may present a written or oral protest or objection to the delinquency of said account or the amount owed thereon. At the conclusion of the hearing, the city council shall either approve the delinquency and amount owed on the account as submitted or as modified or corrected by the city council. The decision of the city council on the charges and on all protests or objections shall be final and conclusive. The amounts so approved shall reflect the entire amount due, including all penalties, interest and administrative fees that have accrued against the account as of the date of the hearing plus any county fees (for processing and collecting the lien). The amount shall be charged to the property owner on the next regular tax bill and shall be a lien upon the property involved. The city council shall confirm such assessment and cause the same to be recorded on the assessment roll and, thereafter, such assessment shall Solid Waste and Litter Amendment Text Underlined is Added Page 6 of 8 Text Redlined is Deleted constitute a special assessment and lien upon the property. The city council shall adopt a resolution assessing such amounts as liens upon the respective parcels of land as they are shown upon the last available assessment roll. 34. Delinquent accounts - administrative fee. All delinquent accounts that are not paid within ten days after the Final Delinquency Notice has been posted may be charged an administrative processing fee to offset the costs incurred by the city in administering the provisions of this chapter. The administrative processing fee (designated for administrative convenience only in the Master Fee Schedule) shall be added to the amount due as collected by the city under Section E.43, above. G. Solid waste service deposits required when - amount. The city or its contract or franchise agent have the right to require deposits from the owner or occupant of any premises who has allowed his/her bill for Solid Waste service charge to become delinquent or who does not have an acceptable credit rating. Deposits shall be equal to the estimated amount of the Solid Waste service charges for two billing cycles, but in no event shall the deposit be less than twenty-five dollars. H. Request for exemption from fees - city approved exception. 1. Terms for an exemption. All exemptions and extensions will be granted for a period of not more than 180 days and shall be at the discretion of the director of public works or his/her designee. Applicants which have been sited with a notice of violation or administrative citation and those that are late on sewer or Solid Waste fee payment within the past six months will not be qualified for an exemption. 2. Process for request. Requests for an exemption for mandatory solid waste services and payment shall be made on a form provided by the director of public works. Requests on the required form shall be completed by the applicant and submitted to the city as outlined on the form at least five working days before the next applicable solid waste billing cycle. An extension of an approved exemption may be requested by submitting the request in writing at least ten days before the end of the current extension period. 3. Conditions of an approved application. Applicants shall agree to an inspection of their premises to verify compliance with solid waste diversion and pay an inspection fee to the director of public works or his designee per exemption period of fifteen dollars. The inspection fee shall be waived if the premises are in compliance. If the premises are found to not be in compliance subsequent re-inspection fees shall also be charged. Failure to notify the city conservation coordinator or the city's contract or franchise agent in writing prior to re-occupying the premises or otherwise altering compliance with the exemption Solid Waste and Litter Amendment Text Underlined is Added Page 7 of 8 Text Redlined is Deleted conditions, shall constitute delinquency of payment for collection charges and charges and penalties shall be retroactive to the first day of the exemption period. In all cases, property owners and or their agents will be expected to maintain sanitary premises pursuant to Section 8.24.060 including but not limited to litter abatement, clean side walks and gutters, and yard waste recycling (as appropriate) throughout the exemption period. 4. Special terms. Exemptions will not apply retroactively except as stated in a Class 1, vacancy exemption below. All exemptions requested by tenants shall also be signed by the property owner. a. Vacancy exemption for unoccupied premises. In the event that the premises are unoccupied and all water, sewer, electricity and gas are also disconnected, an owner or occupant of a residence or business may request a Vacancy Exemption. Should the premises be unoccupied due to a death or similar hardship, the executor, beneficiary or county probate administrator may request a retro-active exemption. It is the responsibility of the occupant and/or the property owner to cancel an exemption for vacancy and restart service if the property is to be occupied before the end of the exemption period. The request for service shall be made to the city contract or franchise agent at least two regular business days before the next regular collection service day. b. Self-haul. Occupant or tenants of premises may apply for an exemption from fees for all or part of the solid waste, yard waste and recycling services and remove or convey waste and/or recyclables for processing and disposal which they generate themselves. Such persons must provide weekly receipts for disposal at a state permitted landfill or transfer station and/or appropriate recycling facility at the end of each billing cycle or upon demand by the city or its contract or franchise agent. Persons provided an exemption are still subject to state mandated waste diversion goals and may not: (1) dispose of their waste in the waste receptacle of another generator in Chula Vista or another jurisdiction, in a park or street litter bin, (2) contract with a third party to remove and convey their waste, (3) burn their waste in their fireplace or other means, (4) dispose of designated recyclables, or otherwise improperly dispose of waste or recyclables as established in section 8.24.040, 8.24.045 and 8.24.050. A self- hauler exemption is not a permit to haul waste generated by a second party. c. Source reduction, recycling and composting exemption. The occupant/owner of any premises may apply for an exemption from all or part of the Solid Waste, Yard Waste and Recycling fees for 100 percent diversion (no disposal of any kind, anywhere). Such persons must provide a written description of their solid waste management plans to comply with the state mandated landfill diversion goal and the city's integrated solid waste management plan. Solid Waste and Litter Amendment Text Underlined is Added Page 8 of 8 Text Redlined is Deleted d. Newly annexed areas. Property owners and occupants within an area newly annexed to the city, that was not currently using the city's contract or franchise agent may use the service of a private refuse collection service other than the city's franchise agent for a period not to exceed one billing cycle. If the owner or occupant was under a pre-existing franchise agreement with a private refuse collection service other than the city's contract or franchise agent they may remain with that service to the extent required by law until the end of the agreement period less any extensions in that agreement for a period not to exceed 180 days. e. Franchisee's right to suspend service. The city contractor or franchise agent may suspend collection service and/or charges from a Large Generator for: i. Vacancy; ii. Delinquency of payment subsequent to implementation of Section 8.24.180.E; or iii. Mutual agreement by the city and contract or franchise agent. The contractor shall notify the City quarterly of all suspended accounts that did not result in payment. SECTION II. This Ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Submitted by: Finance Director Assistant City Manager Approved as to form by: John M. Kaheny City Attorney COUNCIL AGENDA STATEMENT Item: Meeting Date: 12/17/02 ITEM TITLE: SUBMITTED BY: REVIEWED BY: Resolution approving the amendment to the agreement with Erickson-Hall Construction Co. to incorporate the Guaranteed Maximum Price (GMP) of $1,120,939 for the design and construction of a 2,300 square foot addition to the existing Fire Station No. 4 and appropriating additional funds therefore. Andy Campbell, Director of Building and Park Constmction~ City Manager (4/5ths Vote: Yes ~_ No. ) During the Fiscal Year 2002-2003 CIP Budget process, staff informed Council that is was developing plans for the design and construction of a 2,300 square foot addition to the existing Fire Station No. 4 that serves as the Fire Training Facility located at the northeast comer of East H Street and Paseo Ranchero in Rancho Del Rey. On November 5, 2002, Council approved the Design Build Agreement with Erickson-Hall Construction Co. The Design Build Agreement contained a not to exceed price of $771,976, with the GMP to be set upon receipt of 90% construction drawings. The project is nearing the end of the design phase and ready to start the construction phase in early January. This resolution will set the Guaranteed Maximum Price (GMP) at $1,120,939. RECOMMENDATION: That the City Council approve the amendment of the Design Build Agreement incorporating the GMP at $1,120,939 for design and construction the 2,300 square foot addition to Fire Station No. 4; and Appropriate an additional $84,079 from the available balance of the Public Facilities Development Impact Fee Fund and $265,721 from the General Fund to fully fund the project. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. Page 2, Item: I ~ Meeting Date: 12/17/02 BACKGROUND: On November 5, 2002, City Council approved the Design Build Agreement with Erickson-HalI Construction Co. for design and construction the 2,300 square foot addition to Fire Station No. 4. As part of that agreement, a Guaranteed Maximum Price (GMP) is to be established at 90% construction documents, which would include, but not be limited to, the cost for all labor, equipment, and material to design and build a fully functional addition to the existing'structure at Fire Station No. 4 in accordance with all applicable building codes. A not to exceed amount of $771,976 was established, based upon rough schematic drawings, in the Design Build agreement. As the design progressed and some of the complexities of this renovation project became known, the actual GMP as determined at the 90% construction drawing stage exceeded the not to exceed amount in the original agreement. PROJECT SCOPE AND CONTRACTUAL REQUIREMENTS The Design-Build Agreement with Erickson-Hall Construction provides the City with a fully functional addition to the existing structure at Fire Station No. 4 that provides service to the eastern portion of the City. The scope of work includes but is not limited to the following: Design and construct a completed and fully functional 2,300 square foot addition to Fire Station No. 4 including all the facilities and site-work required. The addition shall include restroom and training facilities, offices and a fire engine bay expansion. CHANGE ORDERS Under the design/build process, change orders are handled differently than under the design/bid/build process. Change orders are only returned for Council approval if they exceed the approved GMP, or are for additional work requested by City, which results in a significant change to the original scope. Otherwise, change orders are reviewed/approved by staff and the design builder. This practice is commonplace when using the design/build construction technique. FISCAL IMPACT: Erickson-Hall Construction has set the GMP at $1,120,939. The GMP includes, but is not limited to, design services, general conditions, insurance, bonds, construction management, the cost for all labor, equipment, and material to design and build a fully functional 2,300 square foot addition to the existing Fire Station No. 4 in accordance with all applicable building codes. The total project costs are $1,573,629. An appropriation of $1,223,829 ($849,439 Public Facilities Development Impact Fee Fund and $374,390 General Fund) was approved by Council on November 11, 2002. The appropriation must be increased by $349,800 ($84,079 from the Public Facilities Development Impact Fee and $265,721 from the General Fund). Attachment A Amendment to the Design Build Agreement J:\BPC\BPC Administration\Agenda\Fire Station GMP #4 At 13.doc THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL ....../ John M. I~eny City Attorney Dated: FIRST AMENDMENT TO the Design Build Agreement Between the City of Chula Vista and Ericson Hall Construction Co. for Design and Construction of the Addition to Fire Station 4 · i1,2U82 14:~7 7607967750 ERICKSON_HALL CONST PAGE 02 i~/ii/200~ os:i7 Fax i~19~97~,0 FIRST AMENDMENT TO tile D'esign Build Agreement Between the City of Chula Vista and Erick~on UAl! Constru~lon Co. for Design und Construction of the AxMifion to Fire Station 4 ReeRals This First Amendment is entered/nto effective as of , by and between the City of Chula Vista ("Civf') and Erick~on Iisi] Co~waction Co. ('~Dcsi~n Builder or D ' ' /B ~ w~th reference to the following facts: WHf~REA8, City and D/B ~ntered rote an agreeroe~t ( Ofig/nal Agreement'). dat~ November 5, 2002 and approved by CRy Council Rc~olution , whereby D/B providas dasign and eomtnlct/on services to the City for the con~truct/'on of the 2300 square foot ~rlilJon to l~ire ,~tat~on 4; and WHEREAS, the Original Agre~roent contained a gu~'aat~l romrimmn price not to ox~eed amount of $771,996 which had been based upon very pr¢limlnary drawinl~; and WHERBAS, during thc preparation of the d~sign and comtmction document, staff dotermln~l that the not to ~xceed remount of $771, 996 would be insuffidont to aecoroplimh thc re~m~;ations ami additions necessary for the project; and Whereas, DZB and City staffhavo value eng/neer~d tho project to provide the be~t product at the roost cost effe~ve pr/ce; and Wheress the parties now dm/re to amend the Agreement to increasc thc contract mount to incorporate the guaranteed maximum pdcc of $1,120,P39 for the complete de~iin and construction of the addition to Fir~ Station.4. NOW, THEREFORe, in consideration of the r~citals and the mutual obl/gation of thc p~c/as set forth her*in, tho City and Design Builcl~r agree as/ollows: Se~'tion 1.3 of the Ori~dual Agre~n~mt, entitled General Scope of Work to be Performed by D/B, is h~reb¥ amended as follows: 1.3.1 Perform ~I1 services, work and obligation~ as described herein for the C-~mm~teed Maximum Price t"G ,,'~ a,,..--.* ...... .. ~ MP i a,.~u=~pm~antto ,.oo~om 11 o£thi$ agreeraellt. The GMP sh~l! not exceed the alllOlm~ of $1,120,939 which ~hall include all Hard Coustmofion Cost~ n~ce~ary to pwv/d, a fully completed and fend/onal PDr/~ ~.t, in,~l~uding .b~t ,no~ limited to, the cost for all labor, equiproertt, material and thc mx~a Fee which includes fees and enses of an exp y type, includh~g all expenses under this Agrecanent, a~ociated with eomplet/ng thc project, whether on-site or off'- 12/il/2002 14:47 760?96?750 ERICKSON_HALL CONST PAGE 83 i2/ii/~oo~ o8:i~ ~ l~l~97~s~ CITY O~ CV ~o~ site, any ~ehnbursable cost (as defined in S~tion 11.2), and the D~ Con~n~ F~d. ~y ~t ~c~ed by D~ ~css a ~ o~ is ~ov~ by~c ~ to S~ 7 ~d 12 oftMs ~t. ~ ~& ~ning ~ ~e G~ at complefi~ of~e pmje~ ~ bclo~ to ~c ~. Section 11 of thc Original Agreement, ~0tled D/B GMP for S~vices and Reimbu~cments, is hereby amended to re, ad as follows: 11.1.1 The Olv~ zball not ~c¢¢d $1,120,939. 11.2 Except as otherwise exprassly provided in this Agreeme~, as full and complete compensation for performance of all services and obligations und~ this Agreement, D/B shall be compensated C'D/B GMP") by a aim of $1,120,939. Exlu'bit~ 2 sod 5 of the Original Agreement ab. ali be substituted with the Revised Ey2u'bita 2 and 5 as attached hereto. Except as expressly provided l~r~in all other provi6ons of the original Agreement shall r~naln in full force and cff~c ~, ±l~z~z i4~4,,' 7607967750 ERICKSON_HALL CDNST PAGE 84 i~/ii/z~u~ o~;l~ ~A~ i619397§2~0 CITY OF CV ~004 SIGNATURE PAGB TO THE FIRST AMENDMENT TO DESION }~UILD AG~ BETWEEN THig Ci, l~r OF CHULA VISTA AND BRICICSON ~ CONSTRUCTION CO. FOR DBSIGN AND CONSTRUCTION OF THE ADDITION TO FIRE STATION 4 City of Chula Vista by S~ew Padilla, Mayor EricSon Hall Comtruet/on Co. by¸ F. I-Iall '- Chief Operating O~cer Da:c ATTEST: Susan Bigelow, City Clerk Approvod in fo~m by:. ~-ohn M. Kaheny, City Attorney 1~,'11/2002 14~47 7607967750 ERICKSON_HALL CONST PAGE 05 EXHIBIT 2 GMP SUMMARY FIRE STATION NO. 4 ADDITION PRECONSTRUC'FION & CONTRACT ADMINISTRATION GMP Cost of Construction Estimate (~} 90% Design: 1. Building, Site Work & Prop. Work estimate. 2. General Conditions - estimated GC requirements to manage construction phase based on 6 month duration and unit pdces for required general conditions pursuant to Attachment D of the RFP. 4. Subtotal - Hard Construction Costs 5. D/B Fixed Fee - calculated per paragraph 1.3.1. $100,000 for the first $1,000,000 of construction cost 6% on the next $500,000 of construction cost over $1,000,000 5 1/2% on the next $500,000 of construction cost over $1,500,000 5% on the next $1,000,000 of construction cost over $2,000,000 6. Total - Preliminary Cost of Construction Estimate 7. Cost of bond premium - $6,000 base plus $8.00 per $1,000 of construction cost over $500,000 $ 742,813.00 $ 116,800.00 $ 859,613.00 100,000.00 - 959,613.00 $ 10,880.00 Design and Pre-Construction Fees: 8. A/E Design fees at 12% of Construction Costs (line item 6) to be no less than $79440.00. 9. Civil Engineering fees - reimbursed at cost (estimate). 10. Pre-Construction fee at 2% of Construction Cost (line item 6). 11. Geotechnical Investigation $ 115,154.00 $ 15,100.00 $ 19,192.00 $ 1,000.00 Total Design & Build Cost $ 1,120,939.00 14:47 7687967750 ERICKSON_HALL CONST PAGE 86 .EXHIBIT 5 ERICKSON. HALL Standard Estimate Report ~a#on 4 Gen~ Req~ f~flN2 ~fSPM Partial Totals 47.070 f 16,8~0 43,020 116,800 RESOLUTION NO. 2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMENDMENT TO THE AGREEMENT WITH ERICKSON HALL CONSTRUCTION CO. TO INCORPORATE THE GUARANTEED MAXIMUM PRICE (GMP) OF $1,120,939 FOR THE DESIGN AND CONSTRUCTION OF A 2,300 SQUARE FOOT ADDITION TO THE EXISTING FIRE STATION NO. 4 AND APPROPRIATING ADDITIONAL FUNDS THEREFORE WHEREAS, staff has developed plans for an addition to the existing Fire Station No. 4 that serves as the Fire Training Facility located at the corner of H Street and Paseo Ranchero in Rancho Del Rey; and WHEREAS, on November 5, 2002, City Council approved an Agreement with Erickson-Hall Construction Co. ("Erickson-Hall") for the services required to design and construct the 2,300 square foot addition to the existing Fire Station No. 4.; and WHEREAS, the Agreement contains a "not to exceed" price of $771,976, with the Guaranteed Maximum Price (GMP) to be set upon receipt of 90% construction drawings; and WHEREAS, staff has received 90% construction drawings and a GMP from Erickson-Hall of $1,120,939; and WHEREAS, the increase from the not to exceed amount reflects a more complete understanding of the renovation and addition to be completed. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the amendment of the Design Build Agreement incorporating the GMP at $I,120,939 for design and construction the 2,300 square foot addition to Fire Station No. 4; and BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby appropriate an additional $84,079 from the available balance of the Public Facilities Development Impact Fee Fund and $265,721 from the General Fund to fully fund the project. Presented by Andy Campbell Director of Building and Park Construction Approved as to form by C,4Ty Attorney J:',Attorncy',RESO\Fire Station #4 approwng GMP doc COUNCIL AGENDA STATEMENT Item: !2 Meeting Date: 12/17/02 ITEM TITLE: Resolution of the City of Chula Vista Council approving a mitigation agreement between the City of Chula Vista and Brookfield Shea Otay, LLC (BSO) for the implementation of the Village 11 Project, Hunte Parkway Extension Project, Eastern Otay Ranch Drainage Facilities Project and the Salt Creek Interceptor Sewer Project; and authorizing the Mayor to execute said agreement. SUBMITTED BY: Director of Planning and Buildin,~ REVIEWED BY: City Managen/~l?~."7~''/ - 0 (4/5ths Vote: Yes No X ) / The proposed mitigation agreement between the City of Chula Vista and Brookfield Shea Otay, LLC (BSO) has been prepared to identify the mitigation responsibilities of BSO and the City for impacts to sensitive biological resources resulting from the implementation of four projects proposed by BSO and the City. These four projects include the following: the Village 11 Project, Hunte Parkway Extension Project, Eastern Otay Ranch Drainage Facilities Project and the Salt Creek Interceptor Sewer Project. RECOMMENDATION: That the City Council adopt a Resolution approving a mitigation agreement between the City of Chula Vista and BSO for the implementation of the Village 11 Project, Hunte Parkway Extension Project, Eastern Otay Ranch Drainage Facilities Project and the Salt Creek Interceptor Sewer Project; and authorize the Mayor to execute said agreement· BO.aBRDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: Back_oround The Village 11 project area is located within the eastern portion of the Otay Valley Parcel of Otay Ranch in the City of Chula Vista and is generally bordered on the west by the proposed alignment for SR-125 and on the north by Olympic Parkway. The future extension of Hunte Parkwvay extends south from Olympic Parkway along the western border of Village 11. The project will be served by the Salt Creek Sewer Interceptor trunk sewer, which will be constructed east of the Village 11 project site within Salt Creek. The Village 11 Sectional Planning Area (SPA) plan was evaluated in the Final Second Tier Environmental Impact Report (EIR 01-02). The SPA plan was approved and the Village 11 EIR was certified by the City Council on October 23, 2001. The Salt Creek Sewer Interceptor project Page 2, Item No.: ~- Meeting Date: 12/17/02 was evaluated in the Final Program EIR for the entire Salt Creek Interceptor Sewer alignment and Wolf Canyon Trunk Sewer (EIR 01-03). EIR 01-03 was approved July 17, 2001. The Phase IV Salt Creek Interceptor Sewer Project was approved on June 4, 2002. The purpose of the mitigation agreement is to identify the responsibilities of BSO and the City for the mitigation of impacts to sensitive biological resources that will result from the implementation of four (4) separate projects proposed by BSO and the City. These four projects are required for the development of Village 11 m~d include the following: 1) Village 11 Proiect: Project includes onsite development associated with Village 11 SPA Plan area (Resource Agencies permits applicant: BSO); 2) Hunte Parkway Extension Proiect: Project includes construction of Hunte Parkway from Olympic to Eastlake Parkway (Resource Agencies permits applicant: City); Eastern Ota¥ Ranch Drainage Facilities Proiect: Project includes construction of three drainage facilities which are necessary to serve Village 11 and the future University site (Resource Agencies permits applicant: BSO); and 4) Salt Creek Interceptor Sewer Project: Project includes the construction of the Salt Creek Sewer Interceptor from Interstate 5 through Salt Creek to Olympic Parkway (Resource Agencies permits applicant: City). Although these four projects received individual permits from the Resource Agencies they were reviewed as one project due to their proximity to each other. At the request of the Resource Agencies mitigation for the four projects has been combined into one plan called the Wetland Mitigation and Monitoring Plan for the Lower Salt Creek Mitigation Area. Implementation of these four development projects will result in temporary and permanent impacts to wetland and upland habitat within the Village 11 project area and Salt Creek. The U.S. Army Corps of Engineers, California Department of Fish and Game, U.S. Fish and Wildlife Service and the State Regional Water Quality Control Board have issued permits authorizing commencement of work within these four areas. These permits require a variety of habitat restoration and re-creation conditions to be satisfied, including pre-construction vegetation and topsoil salvaging, post-construction upland and wetland habitat enhancement, creation and restoration installation, and approximately five years of maintenance and monitoring. The mitigation areas are all located within the general vicinity of the Salt Creek Stream Valley and adjacent upland slopes. The City is the Applicant for the Hunte Parkway Extension project given that the roadway is proposed as a regional facility within the Otay Ranch. However, BSO has agreed to assume all funding responsibilities associated with construction of Hunte Parkway Extension, as well as Page 3, Item No.: "7~- Meeting Date: 12/17/02 associated costs related to implementing all mitigation measures and permit requirements for the roadway. Agreement Terms and Conditions The mitigation agreement specifies that BSO will be responsible for implementing all of the mitigation requirements, as well as associated funding of all costs for the Village 11 Project, Hunte Parkway Extension Project, and the Eastern Otay Ranch Drainage Facilities Project. BSO will also be responsible for implementing long-term maintenance of the mitigation and creation/enhancement efforts as specified in the applicable regulatory permits. The mitigation agreement also stipulates that the City shall be solely responsible for implementing all of the mitigation measures, terms and conditions, and any other requirements for the Salt Creek Interceptor Sewer Project. The Phase IV Salt Creek Interceptor Sewer Project was approved as a Capital Improvement Project (CIP) by the City Council on June 4, 2002 and as specified in the proposed mitigation agreement, the City will assume all costs for construction and mitigation of the sewer line project. FISCAL IMPACT BSO shall be responsible for all funding obligations related to the Village 11 Project, Hunte Parkway Extension Project, and the Eastern Otay Ranch Drainage Facilities Project. The Salt Creek Interceptor Sewer Project has been approved as a Capital Improvement Project (CIP) in the 2002 CIP budget and is being funded from the Trunk Sewer Capital Reserve Fund and the Salt Creek Gravity Basin Development Impact Fee (DIF). The amount of funding needed to implement the permit mitigation requirements for the Salt Creek Sewer Interceptor project has been included in the budget for the Salt Creek Interceptor Sewer project. Attachments 1. Mitigation Agreement 2. Vicinity Map RESOLUTION NO. RESOLUTION OF THE CITY OF CHULA VISTA COUqNCIL APPROVING A MITIGATION AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND BROOKFIELD SHEA OTAY, LLC (BSO) FOR THE IMPLEMENTATION OF THE VILLAGE 11 PROJECT, HUNTE PARKWAY EXTENSION PROJECT, EASTERN OTAY RANCH DRAINAGE FACILITIES PROJECT AND THE SALT CREEK INTERCEPTOR SEWER PROJECT AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. WHEREAS, sensitive biological resources shall be impacted as a result of the implementation of four (4) separate projects proposed by BSO and the City; and WHEREAS, the four projects are referred to as follows: (1) Village 11 Project, as described in the U.S. Army Corps of Engineers ("ACOE") Section 404 Nationwide Permit Authorization (referred to as the "Village 11 Project") (Applicant: BSO); (2) Hunte Parkway Extension Project (Applicant: City); (3) Eastern Otay Ranch Drainage Facilities Project (Applicant: BSO); (4) Salt Creek Interceptor Sewer Project (Applicant: City); and WHEREAS, implementation of the four projects will result in impacts to jurisdictional waters of the United States (wetlands) and upland habitat; and WHEREAS, the U.S. Army Corps of Engineers, California Department ofFish and Game, U.S. Fish and Wildlife Service and the State Regional Water Quality Control Board (Resource Agencies) have issued permits authorizing commencement of work within these four areas; and WHEREAS, the parties intend that BSO shall be solely responsible for implementing all mitigation and funding obligations arising from the Village 11 Project, Hunte Parkway Extension Project, and the Eastern Otay Ranch Drainage Facilities Project; and WHEREAS, the parties further intend that the City be solely responsible for implementing all mitigation and funding obligations arising from the Salt Creek Interceptor Sewer Project; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve a mitigation agreement, in substantially the form attached with minor amendments approved by the City Attorney and the Director of the Building and Planning Department, bctwccn the City of Chu]a Vista and BSO, for the implementation of the Village I 1 Project, Hunte Parkway Extension Project, Eastern Otay Ranch Drainage Facilities Project and the Salt Creek Interceptor Sewer a copy of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED fi]at 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 Robert A. Leiter Director of Planning and Building John M. Kaheny City Attorney 12- THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL John M. Kaheny City Attorney Dated: .,/~ .?,.OV?O ::~ Mitigation Agreement ("Agreement") is entered into between the City of Chula Vista ("City") and Brookfield Shea Otay, LLC ("BSO"), effective November 26, 2002 /2 MITIGATION AGREEMENT This Mitigation Agreement ( Agreement ) is entered into between the City of Chula Vista ("City") and Brookfield Shea Otay, LLC ("BSO"), effective November 26, 2002, with reference to the following recitals, and in consideration of the terms and conditions set forth below. 1.0 Recitals 1.1 The purpose of this Agreement is to identify the responsibilities of BSO and the City for the mitigation of impacts to sensitive biological resources that will result from the implementation of four (4) separate projects proposed by BSO and the City. The four projects are referred to as follows: (1) Village 11 Project, as described in the U.S. Army Corps of Engineers ("ACOE") Section 404 Nationwide Permit Authorization (referred to as the "Village 11 Project") (Applicant: BSO); (2) Hunte Parkway Extension Project (Applicant: City); (3) Eastern Otay Ranch Drainage Facilities Project (Applicant: BSO); and (4) Salt Creek Interceptor Sewer Project ( Applicant: City). As explained further below, the intent of the parties is for BSO to be solely responsible for implementing all mitigation and funding obligations arising from the Hunte Parkway Extension Project, the Eastern Otay Ranch Drainage Facilities Project and the Village 11 Project, and for the City to have no mitigation or funding responsibilities of any kind for those three projects. By this Agreement, the parties further intend that the City be solely responsible for implementing ail mitigation and funding obligations arising from the Salt Creek Interceptor Sewer Project and that BSO have no mitigation or funding responsibilities of any kind for that project. 1.2 Implementation of the four projects will result in impacts to jurisdictional waters ("wetlands"). Total impacts (permanent and temporary) amount to 1.72 acres. The lower Salt Creek mitigation area is the proposed location for mitigation of the wetland impacts resulting from the four projects. The proposed mitigation for wetland impacts includes creation/ enhancement/restoration. As mitigation for impacts related to all four projects, 0.74 acres of wetland habitat will be created, 2.18 acres of wetland habitat will be enhanced, and 0.58 acres of wetland habitat will be restored. 1.3 The four projects are all located in the southeastern portion of the City. 1.4 The mitigation areas for the four projects are delineated on Exhibit 1 to this A~eement. Exhibit 1, entitled "Salt Creek Sewer, Hunte Parkway, Eastern Otay Ranch 1 /2-7 Drainage Facilities & Otay Ranch Village 11 Conservations Areas," is attached and incorporated b.x this refcrence. 1.5 The following regulatory documents contain the mitigation responsibilities of BSO for the Village 1I Project, the Hunte Parkway Extension Project and the Eastern Otay Ranch Drainage Facilities Project: (1) The Final Wetland Mitigation and Monitoring Plan for the Lower Salt Creek Mitigation Area, Chula Vista, California, October 2002; (2) The Biological and Conference Opinion for the Hunte Parkway Project, City of Chula Vista, San Diego County, California (1-6-02-F-2870.2) by the U.S. Fish and Wildlife Service ("USFWS"); (3) The Biological and Conference Opinion for the Eastern Otay Ranch Drainage Facilities, City of Chula Vista, San Diego County, California (1- 6-02-F-3004.2) by USFWS; (4) Department of the Army Nationwide Permit Authorization for the Hunte Parkway Extension (File No. 200200127-TCD); (5) Department of the Army Nationwide Permit Authorization for the Eastern Otay Ranch Drainage Facilities (Fi!~ No. 200200124-TCD); (6) Department of the Army Nationwide Permit Authorization for the Village 11 Project (File No. 200101505-TCD); (7) California Department of Fish and Game ("CDFG") Streambed Alteration Agreement for the Hunte Parkway Extension (Notification No. R5-2001- 0348); (8) CDFG Streambed Alteration Agreement for the Eastern Otay Ranch Drainage Facilities (Notification No. R5-2001-0347); (9) California Regional Water Quality Control Board Section 401 Water Quality Certification for the Village 11 Project (File 01C-170); 0o) California Regional Water Quality Control Board Section 401 Water Quality Certification for the Hunte Parkway Extension (File 01C-171); and (11) California Regional Water Quality Control Board Section 401 Water Quality Certification for the Eastern Otay Ranch Drainage Facilities (File 01C-172). 2 (12) CDFG Streambed Alteration Agreement for Otay Ranch Village Eleven (Notification No. R5-2001-0346) 1.6 A summary of the mitigation for lhe impacts to wetlands resulting from the four projects is set forth in Table I below. Table 1 Mitigation Summary for Impacts to Wetlands for the following Projects: Village 11, Salt Creek Sewer, Eastern Otay Ranch Drainage Facilities and Hunte Parkway Extension ACOE and CDFG Otay Ranch Salt Creek Eastern Hunte Total Wetlands/Habitat Types Village 11 Intercept Otay Ranch Parkway (Acres) Development Sewer Drainage Extension Project Project Facilities Project (Acres) (Acres) Project (Acres) (Acres) Southern willow scrnb/Cismontane 0.36 0.32 0.14 0.42 1.24 Alkali Marsh (Creation) Cismontane Alkali Marsh (Enhancement) 0.72 0.34 0.285 0.84 2.18 Various Habitats~ (Restoration) --- 0.58 ...... 0.58 Total (Acres) 1.08 1.24 0.42 1.26 4.00 ~ Temporary impacts to 0.56 acre of various habitats will be restored. Additionally, 0.02 acre of permanent impacts to the culverted charmel will be restored. NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, BSO and the City agree as follows: 2.0 Terms and Conditions 2.1 Recitals. The Recitals set forth above are true and correct. 2.2 BSO Mitigation Responsibilities. BSO shall be solely responsible for implementing all of the mitigation measures, terms and conditions, conservation recommendations, special conditions and any other requirements ("Mitigation Responsibilities") for the Hunte Parkway Extension Project, the Eastern Otay Ranch Drainage Facilities Project and the Village 11 Project, as specified in the pertinent regulatory documents described in Section 1.5 above. BSO shall also perform the Mitigation Responsibilities in accordance with the pertinent regulatory documents described in Section 1.5 above. BSO shall be responsible for the costs associated with implementing the Mitigation Responsibilities, including, but not limited to, long-term maintenance of the mitigation and creation/enhancement efforts for the Hunte Parkway Extension Project, the Eastern Otay Ranch Drainage Facilities Project and the Village 11 Project. The term "maintenance" shall mean to fumish, or the furnishing of, services and 3 materials for the ordinary and usual maintenance required to implement the Mitigation Responsibilities required by this Agreement. The work required to implement the Mitigation Responsibilities occurs within both the BSO ownership and the City ownership; therefore, the City shall be allowed access to areas within the BSO ownership as necessary to monitor BSO's compliance with said Mitigation Responsibilities. BSO shall remain responsible for said Mitigation Responsibilities through the required maintenance period in accordance with resource agency permits, regardless of whether fee title to the land within City ownership is transferred to the Otay Ranch Preserve Owner/Manager ("POM"). BSO shall be responsible for obtaining a right-of-entry permit from the City as necessary for work to be performed within City-owned property. 2.3 City Mitigation Responsibilities. The City shall be solely responsible for implementing all of the mitigation measures, terms and conditions, conservation recommendations, special conditions and any other requirements ("Mitigation Responsibilities") for the Salt Creek Interceptor Sewer Project. The City shall also perform the Mitigation Responsibilities in accordance with the regulatory documents issued by the resource agencies (e.g., USFWS, CDFG, Army Corps of Engineers ("ACOE")) for that project. The City shall be solely responsible for the costs associated with implementing the Mitigation Responsibilities, including, but not limited to, long-term maintenance of the mitigation and creation/enhancement/restoration efforts for the Salt Creek Interceptor Sewer Project. 2.4 POM Responsibilities. It is the parties' intent that the POM will accept maintenance/monitoring of these mitigation areas after the resource agencies (USFWS, CDFG and ACOE) acknowledge that the work authorized by the regulatory documents has been completed in accordance with the terms and conditions of those documents, and after the funding mechanism is established for the maintenance obligations hereinafter referred to as "post- permit". The parties to this Agreement acknowledge that the mechanism for funding the post-permit maintenance obligations of the mitigation areas is likely to be either an existing or a newly created Con'rmunity Facilities District ("CFD"). The mitigation areas for the four projects shall be managed in perpetuity and consistent with the Otay Ranch Resource Management Plans I and 1I ("RMP") and the City of Chula Vista Multiple Species Conservation Program ("MSCP") Subarea Plan ("Subarea Plan"). It is the parties' intent that the POM will conduct all post-permit maintenance and monitoring of the mitigation areas for the four projects, consistent with the RMP and Subarea Plan. 2.5 Additional Measures. In the event that the resource agencies (USFWS, CDFG and ACOE) impose additional management or monitoring measures, BSO shall be solely responsible for implementing and funding such additional measures which were not included in the pertinent regulatory documents specifying the Mitigation Responsibilities for the Hunte 4 Parkway Extension Project, the Eastern Otay Ranch Drainage Facilities Project and the Village 11 Project, and which have not been contemplated by the RMP. Notwithstanding this provision, the City shall be solely responsible for ail additional measures, if any, relating to the Salt Creek lntemeptor Sewer Project. 2.6 Conveyance Credit. The City acknowledges that none of the mitigation areas for the four projects listed in Section 1.I, above, shall reduce the amount of conveyance credit due to BSO under the RMP or Phase 2 of the RMP. 2.7 Mitigation Responsibilities Bonding. (i) Prior to December 31, 2002, BSO agrees to furnish and deliver to the City, and to thereafter maintain until or unless City's acceptance of the Mitigation Responsibilities, improvement securities from a sufficient surety, in the form of either, a rider on behalf of the City to the existing bond that had been issued to the ACOE, or bonds issued to the City, or other form of security, whose sufficiency and form has been approved by the City Engineer and City Attorney, to guarantee the implementation and faithful performance of the Mitigation Responsibilities, and to secure the payment of material and labor in connection with such implementation. BSO agrees that the City may issue stop work orders for any grading permits until the bonds or other form of acceptable security have been delivered and approved as to form by the City Engineer and City Attorney by the date set forth herein. (ii) BSO agrees that if the Mitigation Responsibilities are not implemented within the time limitations set forth in the pertinent regulatory documents described in Section 1.5, above, the sums provided by said improvement securities may be used by City for the completion of the Mitigation Responsibilities in accordance with the regulatory documents described in Section 1.5 above, or at the option of the City, for such mitigation measures that are less than, but not greater than, the sums provided by said improvement securities. BSO also agrees that the City may take any and all actions necessary, in order to obtain the funds necessary for completion of the Mitigation Responsibilities. Upon certification of completion by the City Engineer and acceptance of said work by the City, and after certification by the Director of Public Works that all costs hereof are fully paid, the whole amount, or any part thereof not required for payment thereof, may be released to BSO or any other parties or any successors in interest), pursuant to the terms of said improvement securities. BSO agrees to pay to the City any difference between the total costs incurred by the City or its agents to perform the work, including but not limited to reasonable design and administration of construction in substantial conformance with the regulatory documents (including a reasonable allocation of overhead), and any proceeds fi'om the improvement security. (iii) BSO's Costs and Expenses. It is also expressly agreed by the parties that in no case will the City or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall the City or the City's officer, sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefore. 5 I (iv) Guarantee Construction. BSO understands and agrees that until such time as the mitigation responsibilities are fully completed and accepted by the City or the POM, BSO shall be responsible for the care and any damage to said mitigation measures. It is further understood and agreed that should the City accept them, BSO shall guarantee the mitigation measures for a period of one year from the date of the City's final acceptance of the mitigation measures and BSO shall correct during this one year period any and all defects and/or deficiencies arising during this period as a result of the acts or omission of BSO, its agents or employees in the performance of this Agreement. Upon acceptance of the work by the City, BSO shall grant to City, by appropriate conveyance, the mitigation measures constructed pursuant to this Agreement; provided, however, that said acceptance shall not constitute a waiver of defects by the City as set forth hereinabove. Prior to acceptance of the mitigation measures, BSO shall provide the City with warranty security, from a sufficient surety, approved by the City, in a sufficient amount to guarantee the mitigation measures from all defects and/or deficiencies for a six (6) year period. BSO agrees that if any defects or deficiencies arising during this period are not cured within the time agreed herein, the sums provided by said security may be used by the City for the completion of such work. BSO agrees to pay to the City any difference between the total costs incurred to perform the work, and any proceeds from the warranty security. 2.8 Bonds. In the event that bonds are used as the security referenced in Section 2.7 of this Agreement, BSO shall provide City with bonds approved by the City Attorney in order to guarantee BSO's Mitigation Responsibilities, as described in this Agreement. The Bond(s) shall be issued by a surety with a Bests A-V rating or better and shall be in a form approved by the City Attorney. At all times while BSO has outstanding obligations under this Agreement, the bonds as required herein shall be in full force and effect. BSO may request that another form of equivalent security, such as a letter of credit or cash, acceptable to the City in its sole discretion, be substituted for the bonds described herein. BSO agrees that such substitution is in the sole discretion of the City. 2.9 Reduction of Security Deposit or Bonds. In the event that the maintenance costs are reduced, the City Engineer shall review at BSO's request, a reduction of the amount of any security deposit and/or maintenance bond required by this Agreement. The City shall not unreasonably withhold approval of such request provided however BSO's obligations are adequately secured as determined by the City Engineer in his sole discretion. 2.10 Security for Performance of Maintenance Obligations "Project Area." BSO agrees to furnish and deliver to the City, no later than December 31, 2002, and to thereafter keep in full force and effect for the full term of BSO's maintenance obligations as set forth in this Agreement, maintenance securities as specified in Section 2.7 of this Agreement to guarantee faithful performance in connection with BSO's maintenance obligations for Hunte Parkway ,E, xtension Proj,e,,ct, the Eastern Otay Ranch Drainage Facilities Project and the Village 11 Project ('P~-oject Area ), and to secure the payment of material and labor in connection with such mmntenance of said Project Area. BSO agrees that if Project Area is not maintained to City's satisfaction, the sums provided by said maintenance securities may be used by City for the maintenance of Project Area or at the option of City, for maintenance that is less than the sum provided by said 6 12 maintenance securities. BSO agrees to pay to City any difference between the total costs incurred to perform the work, including, but not limited to, reasonable design and administration of the maintenance (including a reasonable allocation of overhead), and any proceeds from the maintenance security. 3.0 Miscellaneous Provisions 3.1 Term. The term of this Agreement and the rights, duties and obligations of the parties under this Agreement, shall continue until all of the work authorized by the above- referenced regulatory documents, including the mitigation responsibilities, have been completed in accordance with the terms and conditions of those documents, and accepted by the resource agencies. However, in no event shall this Agreement extend beyond the completion of permit obligations as specified in same, unless the parties mutually agree in writing to extend the term. 3.2 Land Offer Agreement. Notwithstanding any provision in this Agreement, BSO and the City acknowledge that the Land Offer Agreement, effective as of March 7, 2000, and recorded May 12,.2000, as Document No. 2000-0248234 ("Land Offer Agreement"), and the First Amendment to Land Offer Agreement, effective as of August 7, 2001, and recorded August 28, 2001, as Document No. 2001-0611967 ("First Amendment"), shall remain valid, unmodified and continue in full force and effect. In the event of any conflict between the terms of this Agreement and the terms of the Land Offer Agreement/First Amendment, the terms of the Land Offer Agreement/First Amendment shall control. 3.3 Conservation Easements. The regulatory documents listed in Section 1.5 above, require that conservation easements be recorded in favor of the ACOE, over the property upon which mitigation is performed ("Mitigation Lands"). BSO shall use their best efforts to ensure that at such time as the POM accepts fee title to the Mitigation Lands, the easements will be extinguished. 3.4 Indemnity. BSO shall defend, indemnify and hold harmless the City, its agents, officers and employees, from and against any and all claims, actions, liability or proceedings for damages or injuries to any person or property, including injury to BSO's employees, invitees, guests, agents or officers, which arise out of or are in any manner directly or indirectly connected with the work to be performed for the Hunte Parkway Extension Project, the Eastern Otay Ranch Drainage Facilities Project and the Village 11 Project, as specified in the pertinent regulatory documents described in Section 1.5, above, and all expenses of investigating and defending against same; provided, however, that the BSO's duty to indemnify and hold harmless shall not include any claims, actions, liability or proceedings arising from the sole negligence or sole willful misconduct of the City, its agents, officers or employees. BSO's indemnification obligation also applies io any and all claims, actions or liability arising from any enforcement actions brought by the resource agencies for the work performed in connection with the Hunte Parkway Extension Project, the Eastern Otay Ranch Drainage Facilities Project and the Village 11 Project, as specified in the pertinent regulatory documents described in Section 1.5, above. 3.5 Recommended Measures. The Biological Opinion for Hunte Parkway, page 35, recommends that the manufactured/revegetated slopes along Hunte Parkway be added to the 7 /:Z -/3 Preserve. The parties agree that this item is still under consideration and no final decision has been rendered regarding this issue. 3.6 Entire Agreement. This Agreement sets forth and contains the entire understanding and agreement of the parties, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements, which are not contained or expressly referred to as an Exhibit herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement. 3.7 Severability. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, then this Agreement shall terminate in its entirety, unless the parties otherwise agree in writing. 3.8 Interpretation and Governing Law. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of Califomia. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement, all parties having been represented by counsel in the negotiation and preparation hereof. 3.9 Time of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element. 3.10 Waiver. Failure of a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, or the failure by a party to exemise its rights upon the default of the other party, shall not constitute a waiver of such party's fight to insist and demand strict compliance by the other party with the terms of this Agreement thereafter. 3.11 No Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the parties and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement. 3.12 Force Majeure. Neither party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by earthquakes, other Acts of God, fires, wars, riots or similar hostilities, strikes and other labor difficulties beyond the party's control (including the party's employment force), government regulations, court actions (such as restraining orders or injunctions) or other causes beyond the party's control. If any such event shall occur, the term of this Agreement and the time for performance shall be extended for the duration of each such event, provided that the term of this Agreement shaI1 not be extended under any circumstances for more than five (5) years. 3~13 Successors In Interest. This Agreement shall be binding upon and inure to the benefit of the successors, assigns and interests of the parties to this Agreement. /2_ 3.14 Counterparts. This Agreement may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effects as if all the parties had executed the same instrument. 3.15 Jurisdiction and Venue. Any action at law or in equity arising under this Agreement or brought by any party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be fi]ed and tried in the Superior Court of the County of San Diego, State of California, and the parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other court. 3.16 Further Actions and Instruments. Each of the parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement. Upon the request of either party at any time, the other party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or consummate the transactions contemplated by this Agreement. 3.17 Amendments in Writing/Cooperation. This Agreement may be amended only by written consent of both parties specifically approving the amendment. The parties shall cooperate in good faith with respect to any amendment proposed in order to clarify the intent and application of this Agreement, and shall treat any such proposal on its own merits, and not as a basis for the introduction of unrelated matters. 3.18 Notices. Any notice called for in this Agreement shall be sent by hand delivery, ovemight courier service, or by registered or certified mail as follows: To City at: City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Attn: Senior Assistant City Attorney To BSO at: Brookfield Homes 12865 Pointe Del Mar, Suite 200 Del Mar, CA 92014-3859 Attn: John Norman With a copy to: Gatzke Dillon & Ballance LLP 1921 Palomar Oaks Way, Suite 200 Carlsbad, CA 92008 Attn: Mark J. Dillon or such other address as a party may inform the others of from time to time. Any such notices sent by registered or certified mail, return receipt requested, shall be deemed to have been duly given and received seventy-two (72) hours after the same is so addressed and mailed with 9 /s -/5' postage pre-paid. Notices delivered by overnight service shall be deemed to have been given twenty-four (24) hours after delivery of the same, charges pre-paid to the U.S. Postal Service or private courier. Any notice or other document sent by any other matter shall be effective only upon actual receipt thereof. 3.19 Authority to Execute. The person or persons executing this Agreement warrants and represents that he/they have the authority to execute this Agreement on behalf of his/their corporation, partnership or business entity and warrants and represents that he/they has/have the authority to bind owners to the performance of its obligations hereunder. 3.20 Exhibits and Attachments. All Exhibits referenced within the Agreement are incorporated and made a part of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first set forth above. City of Chula Vista APPROVED AS TO FORM By: City Manager By: Ann Moore Senior Assistant City Attorney for John M. Kaheny, City Attorney Brookfield Shea Otay LLC, a California limited liability company By: Shea Otay Village 11 LLC, a California limited liability company, Member By: Shea Homes Limited Partnership, a California Limited partnership, its Sole Member By: J.F. Shea Co., Inc., a Nevada Corporation, its General Partner Nar~e: Its: Nme: P~ul L~rnes Its: Assistant Secretary By: Brookfield Otay LLC, a Delaware limited liability company, Member Its: k"-~ V, ~( Name: E~' Da~_e G~eed Its: 'k{, ~ /2 /2- -12 Vicinity Map A~A;~E., ITEM TITLE: SUBMITTED BY: REVIEWED BY: COUNCIL AGENDA STATEMENT Item: I~ Meeting Date: 12/17/02 Resolution Creating a new unclassified at-will classification of Western Chula Vista Development Manager placing the position in the Senior Management benefit group, and amending the FY 03 budget of the Administration Department George Krempl, Assistant City Manager ~ ~ City Manager,~) (4/5tbs Vote: Yes~X No .) The purpose of this memo is to establish a new position of "Western Chula Vista Development Manager" within the City Manager's Office. The position will be responsible for the development of a comprehensive development strategy for Western Chula Vista. RECOMMENDATION: That Council adopt the Resolution creating the new position with a salary equivalent to the Special Planning Projects Manager and amending the FY 03 budget for thc Administrative Department. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable DISCUSSION: The historic beginnings and heart of Chula Vista are located in Western Chula Vista west of 1- 805. The area includes the main arteries including I-5, Broadway, and Main Street, the 3rd Avenue Downtown Corridor, the Civic Center, the Chula Vista Center, Goodrich and the area along San Diego Bay including Western Salt, the San Diego Country Club and the residential neighborhoods, commercial and industrial areas that were formerly part of the Montgomery Area that was annexed in 1986. Many of the city's parks and recreation facilities such as Eucalyptus and Memorial, the main library, and a myriad of public and private facilities are located in the area as well. The area is home to some 119,000 residents representing a mix of life styles, diversity and income levels. The health and stability of the City are dependent upon maintaining a vibrant Western Chula Vista. There are a number of challenges and opportunities facing the area. These include the following: · preservation, rehabilitation, and renewal of older residential neighborhoods. · the replacement and upgrade of aging infrastructure · the completion of missing infrastructure including paving, curb, gutter and sidewalk · sustaining and enhancing downtown Chula Vista as a commercial specialty retail, restaurant and entertainment core for the South Bay · revitalizing the Chula Vista Center · enhancing the city's entryways /B Page 2 of 2 Meeting Date: 12/17/02 · redeveloping the Broadway, Fourth Avenue, Third Avenue, and Main Street Confdors · creating new recreation and cultural opportunities · improving the linkages between Western and Eastern Chula Vista · redeveloping the Chula Vista Waterfront · analyzing new concepts such as "smart growth" and "urban development" standards where appropriate to create new residential, service and employment opportunities · developing improved area accessibility and exploring new mass transit opportunities A more concentrated focus is needed to address these and other opportunities, to be more effective in influencing regional issues involving Western Chula Vista (such as with MTDB and CALTRANS) and to be able to identify and tap State and Federal funding sources, thus the recommendation for the creation of this position. These and other activities will be combined into an action plan, the Western Chula Vista Development Strategy. This document would provide a framework for knowledgeable decision-making in a dynamic process. The position will be given a broad latitude of decision-making authority, at a senior level, under the auspices of the City Manager's Office. The mission will be to plan, organize, prioritize, fund, and implement a comprehensive development strategy for Western Chula Vista. The effort will be undertaken with the support of an interdepartmental task force(s) that will be formed to address particular planning and implementation issues. In addition, all of the various ongoing city department initiatives in Westem Chula Vista will be coordinated via this position. (see attachment A for an additional description of the position's duties). In addition, there appears to be a heightened interest in a central city development as the city matures, increases in size, becomes a more dominant regional player and is recognized as an attractive location for new major investment. As an example, plans are underway for projects such as new regional transit facilities, the mid-Bayfront and Port Properties, West Fairfield, the former city corporation yard, and several projects along downtown Third Avenue. The timing of reconunending the creation of the position is ideal. The City General Plan Update is underway. The development of an action plan will be able to closely parallel and build off of the output of a General Plan vision for Western Chula Vista. FISCAL IMPACT: The fiscal impact of adding this position is $70,930 for the remainder of this fiscal year. No appropriations are needed as the Administration Department has sufficient salary savings to cover this cost. The fiscal impact in future years, including salary and benefits, is $152,326, a portion of which will be offset by reimbursements from other funds. The remaining funds needed for this position have yet to be identified. Attachments: Attachment A - Position Description and Organizational Chart ATTACHMENT A WESTERN CHULA VISTA DEVELOPMENT MANAGER GENERAL DESCRIPTION Under general direction of the Assistant City Manager/Development Services, the Western Chula Vista Development Manager will be responsible for the development and implementation of a comprehensive Western Chula Vista Development Strategy that will identify and address existing planning and infrastructure impediments to allow for the orderly development, densification and revitalization of western Chula Vista. The senior-level position will reside in Administration and lead an inter-departmental task force of representatives from the Development Services Departments to develop the Strategy in an orderly and coordinated manner that will complement and support current and future development implementation efforts in the Development Services Departments. The position will also take a leadership role in coordinating with Federal, State, regional and local agencies, to plan for and address infrastructure funding needs, and related issues. WESTERN CHULA VISTA DEVELOPMENT STRATEGY The end product envisioned is a document or action plan which comprehensively organizes the array of issues impinging upon development in Western~Chula Vista. The goal is to coordinate and prioritize the multiple activities necessary for orderly development. This would include: · Analysis of infrastructure capacity and requirements to accommodate growth (i.e. preparation of Public Facilities Financing Plan (PFFP) for Western Chula Vista). · Prioritization of Capital Improvements. · Investigation and recommendation of funding sources. · Timing and negotiation of regional facilities necessary for development. · Recommendations for orderly implementation of major projects. · Incorporation of east/west recommendations from Economic Development Strategy. The strategy would provide a framework for knowledgeable decision-making in a dynamic process. It would create an understandable base for departments and decision-makers to generate consensus. It would be a living product which could be updated regularly and could employ computer modeling, maps, statistical and demographic information, and regional impacts. Recommended work items: Work with General Plan team to define land use opportunities in Western Chula Vista. Establish cross-departmental task force to address Western Chula Vista development. Negotiate with. SANDAG and MTDB to accelerate grade separation priority with trolley line Negotiate with CalTrans for a comprehensive plan for I-5 corridor, including analysis of facility costs and timing. Negotiate with CalTrans for beautification/landscaping of all entry points. Initiate analysis, with staff and consultant support, of infrastructure requirements for anticipated development. · Develop comprehensive list of current Capital Improvements funded, proposed and required in Western Chula Vista. Investigate multiple funding sources for capital projects. Recommend priority of Capital improvements. Develop process for consideration of Growth Management threshold standards adaptation/revision to accommodate Western Chula Vista development. Create a context for prioritization of major activities: infrastructure, image, development projects, Bayfront and Downtown development. Create a process for inter-departmental ad hoc decision-making on significant development projects, capital programs, and regional issues. Utilize a decision process that incorporates an Executive committee, inter- departmental task force (Technical Committee) supported by staff and consultants as required. Provide regular "status" reports of Western Chula Vista development in an understandable format. Investigate urban development processing procedures used in other cities for incorporation into the strategy. PROCESS The process for issue identification and decision-making will be similar to that used by the Community Planning Division for Eastern Chula Vista. Basically, viewing ,/~ ¢.~ Page2 Western Chula Vista as a large Master Planning area with many of the same challenges: parks, schools, infrastructure, land use, circulation, etc. The Development Strategy Task Force could serve the role of Technical Committee for issue determination and recommendations. These would be forwarded to an Executive Committee for policy decisions and direction. Where appropriate, sub- areas of Western Chula Vista could be separated and processed similarly. CONTEXT The western part of the City is poised for positive development opportunities that will necessarily include increases in density and intensification of land uses. There is a need for the development of a strategy to accommodate this situation in an understandable and orderly fashion. This tool will assist the City in making decisions to take maximum advantage of opportunities and avoid costly delays or potential misjudgments. Western Chula Vista has an array of significant work items to accomplish in order to comprehensively accommodate future growth. These include General Plan land use designations, infrastructure upgrades, zoning code updates, regional traffic and transit issues, funding source identification, among others. While these issues are being addressed in varying degrees by the City departments, there is a need to coordinate the activities and develop a priority and comprehensive CityWide strategy to help bridge the gap between urban planning and development implementation. RESPONSIBILITIES The position will have direct responsibility for leading the Western Chula Vista Development Strategy Task Force to the completion and adoption of the Western Chula Vista Development Management Strategy. The Task Force will be composed of Department heads and key staff members selected to provide expertise to the strategy. The position will have responsibility for ensuring that the Strategy complements and supports planning and development implementation efforts for the respective Development Services departments, including but not limited to efforts underway for the General Plan Update, Economio Development Strategy, City's Capital Improvement Program, and the Redevelopment Agency's Redevelopment Plans and associated Specific Plans. In order to do so, the position will work directly with Executive and Senior Management personnel in the Development Services Departments as well as their respective staff members that may be assigned to the task force and related committees and work tasks. The position will be a member of the Development Services Management Team and will attend regular on-going Development Services Page 3 Management coordination meetings such as DOTS, BRT, and the General Plan Update Management Team. The position will also have responsibility to work with all related and necessary governmental agencies and authorities such as the San Diego Port District, SANDAG, MTDB, CaITrans, LAFCO, Coastal Commission, and Sweetwater Authority, on matters related to the development of the Plan, to identify, define, and plan for the necessary public infrastructure needs in western Chula Vista. As such, the position will be expected to establish and maintain a process for orderly coordination, planning and decision-making between the City and respective outside agencies to ensure development and implementation of the Strategy. BUDGET The Senior level position will be a part of the Administration Department reporting to the Assistant City Manager - Development Services. Support and clerical services will be provided by Administration staff. It is anti'cipated that the position will require staff support in the areas of planning and engineering as well as consultant services. As these requirements are not fully known at this time, future staffing and resource requests will be generated, if required, in the work program for the position. A potential resource for assistance is our current retiring Public Works Director who will be available on a part-time basis for consulting. Page 4 '-'mO CFi'Y OF CHUL~ VISTA Organization Cha~ CITIZENS ~ CHULA VISTA Mayor City Council Attorney Asst. City Mn§r. l Services Informstion Systems O,fflce of Budget and Analysis Affairs Asst. City Mngr. Special Projects Other Projects · CV Muni. Golf * Duke Energy Env./Ene~y Franchises *Recycting Fire Asst. Cl~y Mngr. Dev. & Mamt. Communlty Development Planning and Building .-~ PuNic Works Urban Development Strategy I[ C'tyCleri Depu~, City Library ,~..Comm.unication s - Nature Center . RESOLUTION NO. 2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CREATING A NEW UNCLASSIFIED AT-WILL CLASSIFICATION OF WESTERN CHULA VISTA DEVELOPMENT MANAGER PLACING THE POSITION IN THE SENIOR MANAGEMENT BENEFIT GROUP, AND AMENDING THE FY 03 BUDGET OF THE ADMINISTRATION DEPARTMENT WHEREAS, in December, 2002, the City Council approved the creation of a new unclassified at-will classification of Westem Chula Vista Development Manager placing the position in the Senior Management benefit group with a salary equivalent to the Special Planning Projects Manager; and WHEREAS, this position will be responsible for the development of a comprehensive development strategy for Western Chula Vista; and WHEREAS, the health and stability of the City are dependent upon maintaining a vibrant Western Chula Vista where there are a number of challenges and opportunities facing the area; and WHEREAS, a more concentrated focus is needed to address these and other opportunities, to be more effective in influencing regional issues involving Western Chula Vista (such as with MTDB and CALTRANS) and to be able to identify and tap State and Federal fi~nding sources, NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Chula Vista does hereby approve the addition of one Western Chula Vista Development Manager to the Administration Department with no impact to the current FY-03 budget due to salary savings. Presented by Approved as to form by George Krempl Assistant City Manager J:\Atlo~ney\RESO',Western Dev Mgr.doc COUNCIL AGENDA STATEMENT ITEM t qL MEETING DATE: December 17, 2002 ITEM TITLE: SUBMITTED BY: Resolution Creating two new unclassified at-will classifications: Staff Director-Office of Mayor & Council and Special Assistant to the Mayor, placing both positions in the mid-management benefit group, and amending the FY03 budget of the City Council department by reclassifying the Assistant to the Mayor and City Council position to StaffDirector-Office of Mayor & Council and adding a new position of Special Assistant to the Mayor and increasing the Council Assistant support available to each Councilperson from 15 to 20 hours per week and appropriating funds therefore from the available balance of the General Fund. City Manage~/(~j (4/Sth Vote: Yes X__No__) Staffing levels in the Mayor and Council Offices have not changed since 1994, with 3 full time staff positions. Since that time the City has grown significantly in population, businesses, employees, and as a regional leader. The beginning of a new Mayor's term combined and the recent departure of the Assistant to the Mayor and Council, offered a good opportunity to review the staffing of the Mayor and Council Office in light of the changes in the City, the Office's workload and the new Mayor and the Council's staff needs. The classification and salary range of the recently vacated Assistant to the Mayor and Council position were reviewed by the Human Resources Department. Based on the responsibilities and duties the Mayor intends to assign to this key staff position, Human Resources is recommending a reclassification of the position to Staff Director - Office of Mayor & Council with a salary equivalent to a Principal Management Assistant. This agenda statement also recommends adding a new position of Special Assistant to the Mayor and setting the salary and benefits equivalent to a Senior Management Assistant, in lieu of the 15 hours of Council Assistant support currently provided to the Mayor. Adding this position would provide a full-time position to assist the Mayor in achieving his vision as well as address the increased work load generated by a growing populous and the City's continued emphasis on expanding citizen involvement. It is also recommended that each Council member's allocation of Council Assistant staff support be increased from 15 to 20 hours per week to address the increasing workload. RECOMMENDATION: That the City Council adopt the resolution creating two new unclassified at- will classifications: Staff Director-Office of Mayor & Council and Special Assistant to the Mayor, placing both positions in the mid-management benefit group, and amending the FY03 budget of the City Council department by reclassifying the Assistant to the Mayor and City Council position to Staff Director-Office of Mayor & Council and adding a new position of Special Assistant to the Mayor and increasing the Council Assistant hours for Council members from 15 to 20 per week and appropriating $36,880 from the available balance of the General Fund. BOARD/COMMISSION RECOMMENDATION: N/A 1 DISCUSSION: Permanent staffing of the Mayor and Council office has not changed since 1994. Since that time the City has grown in terms of population, businesses, complexity, programs and staffing. The City's population of 200,000 is expected to grow to 238,000 by 2007. These changes, coupled with an increased emphasis on outreach and responsiveness to residents and businesses within our community and improved community access to elected officials via the intemet, warrant a reassessment of staffing in the Mayor and Council office. In light of the responsibilities that the Mayor intends to assign to the key staff position within the Mayor and Council offices and a comparison of these responsibilities and duties with other City positions, the Human Resources Department is recommending reclassifying the "Assistant to the Mayor and Council" to "Staff Director-Office of Mayor & Council", with a salary equivalent to that of a Principal Management Assistant. The Staff Director will take the lead in responding to community inquiries and concerns as well as further develop community outreach efforts and programs. The StaffDirector will also be responsible for supervising the office support staff and managing office operations and the budget. The Staff Director will work with the Mayor and Council to assess office operations and recommend and implement changes, utilizing automation to enhance responsiveness. Currently the full time Mayor and each part time Council member are provided for up to 15 hours per week of Council Assistant staff support within the Council budget. These positions are temporary hourly positions that report directly to the appointing Council member. This agenda item proposes increasing the Council Assistant staff support for each Council member from 15 to 20 hours per week and converting the Mayor's hourly Council Assistant position to a full-time at-will position of Special Assistant to the Mayor. The Special Assistant to the Mayor would assist the Mayor in "taking City Hall to the people." This position would be responsible for assisting the Mayor in communicating and working with residents and the community, directly coordinating with other jurisdictions' elected officials, and assisting with policy research and development. The addition of this position would also provide continuity of service to the public as, having two professional staff in the office would increase the ability to address citizen and business concerns in a timely and consistent manner. FISCAL IMPACT: The fiscal impact of reclassifying the Assistant to the Mayor and City Council to StaffDirector- Office of Mayor and Council is $1,959 for the remainder of the current fiscal year and $5,924 in future fiscal years. The fiscal impact of adding a Special Assistant to the Mayor is $34,921 (the difference between the cost of adding the new position and deleting the hourly wages for the Mayor's 0.375 Council Assistant) for the remainder of the current fiscal year and $66,009 in future fiscal years. No appropriations are needed this fiscal year to increase staff support for the Council from 15 to 20 hours, as there are sufficient salary savings in the budget. The fiscal impact for the additional hours in future fiscal years is estimated at $26,221. 2 RESOLUTION NO. 2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CREATING TWO NEW UNCLASSIFIED AT-WILL CLASSIFICATIONS: ONE STAFF DIRECTOR-OFFICE OF MAYOR & COUNCIL AND ONE SPECIAL ASSISTANT TO THE MAYOR AND PLACING BOTH POSITIONS IN THE MID-MANAGEMENT BENEFIT GROUP, AND AMENDING THE FY03 BUDGET OF THE CITY COUNCIL DEPARTMENT BY RECLASSIFYING THE ASSISTANT TO THE MAYOR AND CITY COUNCIL POSITION TO STAFF DIRECTOR-OFFICE OF MAYOR & COUNCIL AND ADDING A SPECIAL ASSISTANT TO THE MAYOR AND INCREASING THE COUNCIL ASSISTANT SUPPORT AVAILABLE TO EACH COUNCILPERSON FROM 15 TO 20 HOURS PER WEEK AND APPROPRIATING FUNDS THEREFORE FROM THE AVAILABLE BALANCE OF THE GENERAL FUND WHEREAS, staffing levels in the Mayor and Council Offices have not changed since 1994, with 3 full time staff positions and since that time the City has grown significantly in population, businesses, employees, and as a regional leader; and WHEREAS, based on the responsibilities and duties the Mayor intends to assign to this key staff position, Human Resources is recommending a reclassification of the position of Assistant to the Mayor & Council to Staff Director Office of Mayor & Council with a salary equivalent to a Principal Management Assistant, and WHEREAS, a new position of Special Assistant to the Mayor will provide a full-time position to assist the Mayor in achieving his vision as well as address the increased work load generated by a growing populous and the City's continued emphasis on expanding citizen involvement and setting the salary and benefits equivalent to a Senior Management Assistant; WHEREAS, the City of Chula Vista will appropriate $36,880 from the available balance of the General Fund; and NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Chula Vista does hereby approve the addition of one Staff Director-Office of Mayor & Council and one Special Assistant to the Mayor and amend the Fiscal Year 2002/2003 budget for salary, benefits, and related expenses in the amount of $36,880 from the available balance of the General Fund. Presented by Approved as to form by David D. Rowlands, Jr. City Manager Jo yC~At. Kaheny tomey J: Attorney',R ESO\Mayor Assts doc COUNCIL AGENDA STATEMENT ITEM I ~ MEETING DATE 12/17/02 ITEM TITLE: Resolution Increasing the Annual Salary for the Unclassified Position of City Clerk to $110,000 effective December 13, 2002. SUBMITTED BY: Candy Emerson, Director of Human Resources REVIEWED BY: City Manager C~"~Ch~q../'/ (4/5th Vote: Yes X No ) SUMMARY: Based on a salary survey of comparable City Clerk positions in other California municipalities and a comparison with other Executive and Senior Management positions within the City structure it is clear that the current salary assigned to the position of City Clerk is not commensurate with assigned duties and responsibilities. RECOMMENDATION: Adopt resolution increasing the annual salary for the position of City Clerk by 14.36% to $110,000 effective 12/13/02. BOARD/COMMISSION RECOMMENDATION: N/A DISCUSSION: In November, Senior Classification Analysts conducted a comprehensive salary survey of a number of Executive classifications. The survey agencies contacted were ofcomparable size and/or had positions with very similar duties and responsibilities. The results of that survey indicated that the position of City Clerk in Chula Vista is well below the mean of those agencies. A further analysis of other positions ~vithin the City structure point to a similar conclusion. The current annual salary of this Executive level position ($96,190) is not consistent with the assigned level of responsibility, nor appropriate from an internal equity standpoint. The recommended adjustment will place the position in reasonable proximity to other managers with comparable duties. FISCAL IMPACT: The fiscal impact of adjusting the City Clerk's salary is $8,321 for the remainder of this fiscal year. No appropriation is needed this fiscal year, as there are sufficient savings in the City Clerk's budget to absorb this increase. There is no funding identified to cover the $16, 686 cost of this increase in future fiscal years. Future funding will be identified during the next budget process. 1 /5--/ RESOLUTION NO. 2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA INCREASING THE ANNUAL SALARY FOR THE UNCLASSIFIED POSITION OF CITY CLERK TO $110,000 EFFECTIVE DECEMBER 13, 2002. WHEREAS, in November, 2002, Senior Classification Analysts conducted a comprehensive salary survey of a number of Executive classifications; and WHEREAS, the survey agencies contacted were of comparable size and/or had positions with very similar duties and responsibilities; and WHEREAS, the results of that survey indicate that the position of City Clerk in Chula Vista is well below the mean of those agencies. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby increase the annual salary of the City Clerk by 14.36% to $110,000 effective December 13, 2002. Presented by Approved as to form by Candy Emerson Director of Human Resources John M. Kaheny // ~/ v _ City Attorney J:\Attorney\RESO\Salary Increase.doc mY OF CHUIA VISTA December 17, 2002 FROM: The Honorable Mayor and City Council David D. Rowlands~ City Manager TO: SUBJECT: City Clerk's Salary Councilmember Rindone, who made the motion for the City Clerk's salary adjustment, has requested that the agenda item be changed to the following: 1. That the salary adjustment to $110,000 be phased over six months--raising the current salary of $96,190 to $106,190, effective January 1, 2003, and raising the $106,190 to $110,000 effective July 1, 2003. The reasoning for this requested change is that he believes the 14.3%, or $13,810, is too high of a one-time adjustment. While I told the Council I thought the City Clerk's salary was around "$100,000", my being off by $3,810, actually made the increase more than his intended $10,000 increase. 2. That the effective date be changed from December 13, 2002 to January 1, 2003. The initial date was set for payroll purposes--he wants the date to reflect his motion of January 1, 2003. I have spoken with the City Clerk and she concurs with his requested changes. cc. City Clerk Candy Emerson COUNCIL AGENDA STATEMENT ITEM MEETING DATE 12/17/02 ITEM TITLE: Resolution Increasing the Annual Salary for the Unclassified Position of City Clerk to $106,190 effective January 1, 2003 and to $110,000 effective July 1, 2003. SUBMITTED BY: Candy Emerson, Director of Human Resources C8-- REVIEWED BY: City Manager (4/5th Vote: Yes x... NO~ SUMMARY: Based on a salary survey of comparable City Clerk positions in other California municipalities and a comparison with other Executive and Senior Management positions within the City structure it is clear that the current salary assigned to the position of City Clerk is not commensurate with assigned duties and responsibilities. RECOMMENDATION: Adopt resolution increasing the annual salary for the position of City Clerk by 10.3% to $106,190 effective 1/1/03 and 3.5% to $110,000 effective July 1, 2003. BOARD/COMMISSION RECOMMENDATION: N/A DISCUSSION: In November, Senior Classification Analysts conducted a comprehensive salary survey of a number of Executive classifications. The survey agencies contacted were of comparable size and/or had positions with very similar duties and responsibilities. The results ofthat survey indicated that the position of City Clerk in Chula Vista is well below the mean of those agencies. A further analysis of other positions within the City structure point to a similar conclusion. The current annual salary of this Executive level position ($96,190) is not consistent with the assigned level of responsibility, nor appropriate from an internal equity standpoint. The recommended adjustment will place the position in reasonable proximity to other managers with comparable duties. FISCAL IMPACT: The fiscal impact of adjusting the City Clerk's salary is $6,000 for the remainder ofthis fiscal year. No appropriation is needed this fiscal year, as there are sufficient savings in the City Clerk's budget to absorb this increase. There is no funding identified to cover the $16, 686 cost of this increase in future fiscal years. Future funding will be identified during the next budget process. 1 RESOLUTION NO. 2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA INCREASING THE ANNUAL SALARY FOR THE UNCLASSIFIED POSITION OF CITY CLERK TO $106,190 EFFECTIVE JANUARY I, 2003, AND TO $110,000 EFFECTIVE JULY 1, 2003. WHEREAS, in November, 2002, Senior Classification Analysts conducted a comprehensive salary survey of a number of Executive classifications; and WHEREAS, the survey agencies contacted were of comparable size and/or had positions with very similar duties and responsibilities; and WHEREAS, the results ofthat survey indicate that the position of City Clerk in Chula Vista is well below the mean of those agencies. NOW, THEREFORE, BE IT RESOLVED that the City Council ofthe City ofChula Vista does hereby increase the annual salary of the City Clerk by 10.3% to $106,190 effective January 1, 2003, and to $110,000 effective July I, 2003. Presented by Approved as to form by f1E~ fc: Director of Human Resources :l1~nY~ þv City Attorney J: \Attorney\RESO\Salary Increase rev. doc COUNCIL AGENDA STATEMENT ITEM TITLE: Item ~(~ Meeting Date 12/17/02 Public Hearing to consider the adoption of an Urgency Ordinance modifying the existing Telegraph Canyon Sewer Pumped Flows Development Impact Fee. Urgency Ordinance Amending Ordinance 2582 to add the Poggi Canyon Basin Sewer Interceptor as one of the facilities financed by the Telegraph Canyon Sewer Pumped Flows Development Impact Fee and to change the name to Pumped Sewer Development Impact Fee. SUBMITTED BY: REVIEWED BY: Director of Public Works/j~/ City Manager~[~ 0~ ~r (4/5tbs Vote: Yes X No _) On October 22, 2002 and on November 19, 2002, City Council approved Urgency Ordinance No. 2884-A and Urgency Ordinance 2884-B modifying Ordinance 2582. This proposed Urgency Ordinance will enable the City to continue to collect the fee during the sixty (60) day waiting period before the regular Ordinance becomes effective. The public hearing has been duly noticed. RECOMMENDATION: That City Council conduct the public hearing and approve the Urgency Ordinance amending Ordinance 2582. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The amendment to Ordinance 2582 adding the Poggi Canyon Basin Sewer Interceptor as one of the facilities financed by the Telegraph Canyon Pumped Flows DIF and changing the name of the DIF to Pumped Sewer Development Impact Fee (PSDIF) was introduced on October 22, 2002 and approved on November 5, 2002 by Ordinance 2884. It will become effective sixty (60) days after its adoption. Urgency Ordinance 2884-A, which was also adopted on October 22, 2002, expires thirty (30) days after its adoption. Urgency Ordinance 2884-B, approved by Council on November 19, 2002, will expire thirty (30) days after its adoption. Tonight's Ordinance, if approved, will extend the Urgency Ordinance for an additional thirty (30) days. lb-! Page 2 Item ~/o Meeting Date 12/17/02 The PSDIF, approved by Council on October 22, 2002, included the Poggi Canyon Basin Sewer Interceptor as one of the facilities financed by the DIF and recalculated the fee to be $180 per Equivalent Dwelling Unit (EDU). The same topics were discussed and adopted by the Urgency Ordinance approved on the same date. The PSDIF is fully explained in the October 22, 2002 Agenda Statement, attached hereto. Table 2 presents the calculation of the fee (Table 1 is omitted). TABLE 2 Pumped Sewer Development Impact Fee (DIF) ITEM ESTIMATED COST Interceptor Improvements - attributable to pumped flows only $686,700 Pumped Flow Analysis Study $57,500 Pumped Flow DIF Engineering Study $13,500 Oversize of 2,522 linear feet of Poggi Canyon Basin Sewer Interceptor (15 to $10,000 18-inch) Poggi Canyon Basin Sewer Interceptor Flow Monitoring Program $60,000 Telegraph Canyon Trunk Sewer Flow Monitoring Program $60,000 Purchase of Equipment to Implement the Metering Programs $15,000 This fee will be payable at the time a building permit is issued and will be in addition to the existing sewer capacity charge of $2,220 per EDU and the Salt Creek Sewer Development Impact Fee of $284 per EDU. The Fee will be adjusted annually to reflect the varying cost of construction, inflation and any changes in proposed development within the basin. FINDINGS Staff recommends that the Pumped Sewer Development Impact Fee go into effect immediately by adopting the Urgency Ordinance in order that the City have the option of using either the Telegraph Canyon Trunk Sewer or the Poggi Canyon Basin Sewer Interceptor to provide sewer service to developments within the Pumped Flow Basin. Immediate implementation of this Fee is necessary due to the current and immediate threat to public safety which could arise from the pumped flows remaining in the Telegraph Canyon Trunk Sewer beyond the threshold capacity of the trunk sewer system causing sewage spills and failure of the sewer system. The prospect of sewage spills, failure of the sewer system and concerns about an increased charge to remaining property owners constitutes a current immediate threat to the public health, welfare and safety Page 3 Item Meeting Date 12/17/02 justifying the immediate imposition of this Fee. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed project for compliance with the Calilbmia Environmental Quality Act and has determined that the project qualifies for a statutory exemption pursuant to Section 15282(1) of the Statc CEQA Guidelines. Thtts, no fm'ther environmental review is necessary. FISCAL IMPACT: ?assage of these Ordinances will result in revenues of approximately $902,700. The fee will be adjusted annually to reflect the varying cost construction, inflation and any changes in proposed development within the Basin. These revenues would be used for the construction and other related costs of the improvements needed to thc Telegraph Canyon Trunk Sewer and the Poggi Canyon Basin Sewer Interceptor as a consequence ol'the additional conveyance of pumped flows. Exhibit 1: Council Agenda Statement for October 22, 2002 Exhibit 2: Council Agenda Statement for November 19, 2002 COUNCIL AGENDA STATEMENT ITEM TITLE: Item r~ Meeting Date 10/22/02 Public ltearing to consider the adoption of an Ordinance and an Urgency Ordinance modifying the existing Telegraph Canyon Sewer Pumped Flows Development Impact Fee and a Resolution to accept the Ptunped Sewer Development Impact Fee Engineering Study prepared by PBS&J. Reso_lution Accepting a report prepared by PBS&J recommending the update of the Telegraph Canyon Sewer Pumped Flows Development Impact I~'ec to address capacity constraints on the Telegraph Canyon Trunk Sewer. SUBMITTED BY: REVIEWED BY: Ordinance Amending Ordinance 2582 to add the Poggi Canyon Basin Sewer Interceptor as one of the facilities financed by the Telegraph Canyon Sewer Pumped Flows Development Impact Fee and to change the name to Pumped Sewer Development Impact Fee. Urgency Ordinance 'Amending Ordinance 2582 to add the Poggi Canyon Basin Sewer Interceptor as one of the facilities financed by the Telegrat.~h Canyon Sewer Pumped Flows Development Impact Fee and to change the name to Pumped Sewer Development Impact F~e. Director of Public Works ~ City Manager ~'~/~ (4/5thsVote:Yes: X No:__) On March 15, 1994 by Ordinance 2582, the City established the Telegraph Canyon Sewer Basin Pumped Flows Development lmpact Fee Fund (TCSBPF DIF Fund) and set the DIF fee at $560 per EDU (See Exhibit I for Ordinance 2582). The purpose of this Fund was to finance future sewer improvements on the Telegr.~ph Canyon Trunk Sewer Facility that would be triggered by the pumping of sewage generated within the "Pumping Flow Basin" (that area to the East of the Telegraph Canyon Sewer Basin, within the Salt Creek and Poggi Canyon Basins) into the Telegraph Canyon Trunk Sewer. At the time the DIF was established, the Poggi Canyon Trunk Sewer was still under construction and the Salt Creek Trunk Sewer was being contemplated. Since then, the construction of the Poggi Canyon Trunk Sewer has been completed. Tonight, Council will consider the approval of the modification to the Telegraph Canyon Sewer Pumped Flows DIF to include the addition of the Poggi Canyon Basin Sewer Interceptor to the list of approved Facilities in Ordinance 2582. These modifications will allow the City to use either the Telegraph Canyon Trunk Sewer or the Poggi Canyon Basin Sewer Interceptor to provide sewer service to developments within the Pumped Flow Basin until the completion of the Salt Creek Gravity Sewer Interceptor. It would also result in the decrease of th.:: DIF from $560 to $180 per Equivalent Dwelling Unit (EDU). Furthermore, Council is also being asked to change the name of the DIF from "Telegraph Canyon Page 2, Item Meeting Date 10/22/02 Sewer Pumped Flows Development Impact Fee" to "Pumped Sewer Development Impact Fee". The proposed Urgency Ordinance will enable the City to collect the Fee during the 60-day waiting period before the regular Ordinance becomes effective. RECOMMENDATION: That Council: 1. Conduct the Public Heating. 2. Approve the Resolution accepting the engineering study prepared by PBS&J. 3. Approve the Ordinance amending Ordinance No. 2582 (first reading). 4. Approve the Urgency Ordinance amending Ordinance No. 2582. BOARDS/COMMISSION RECOMMENDATION: Not applicable. DISCUSSION: TELEGRAPH CANYON BASIN Telegraph Canyon Gravity Basin & Pumped Flows Development Impact Fee In 1992, Willdan Associates prepared the "Telegraph Canyon Sewer Basin Improvement and Financing Plan" that analyzed the ability of the Telegraph Canyon Trunk Sewer to support development under buildout conditions. The study determined that the Trunk Sewer did not have adequate capacity to support the basin buildout and identified reaches within the system that would have to be upgraded. Based on the findings of that study, the City established the "Telegraph Canyon Gravity Basin Development Impact Fee" to fund the required improvements. Subsequently, in 1993, Willdan Associates prepared the report titled, "Telegraph Canyon Sewer Basin Improvement and Financing Plan Amendment Incorporating Pumped Flows", to further analyze the impacts of pumped flows on the Trunk Sewer System. The goal of this study was to determine the incremental impact of pumped flows on the system beyond what was identified for the gravity basin flows. This net incremental cost was the basis of the establishment of the "Telegraph Canyon Sewer Pumped Flows Development Impact Fee". It was intended at that time that the funds collected in this DIF would be used to construct the required improvements, if the Salt Creek Trunk Sewer line was never built and pumped flows temporarily being pumped into the basin had to remain there permanently. At that time, there were no immediate plans to construct the Salt Creek Gravity Sewer Interceptor since development activity within the basin was progressing at a relatively average pace. Staff was directed to monitor the flow in the system to determine when improvements or the Salt Creek line may be needed. In 1999 as development activity began accelerating, the need for the Salt Creek Gravity Sewer Interceptor became imminent, and the City retained Dudek & Associates to plan and prepare design plans required for the construction of the Interceptor. To date, the first phase of the construction of the Salt Creek Gravity Sewer Interceptor is underway and it is anticipated that all the four phases of the Salt Creek project will be completed by the summer of 2003. While the construction of Salt Creek is underway, recent projections in the Telegraph Canyon Trunk Sewer Study, completed by PBS&J on behalf of EastLake Company as part of development Page 3, Item Meeting Date 10/22/02 processing for EastLake III, indicated that the Telegraph Canyon Trunk Sewer would not have adequate capacity to support additional flows from gravity basin development and pumped flows prior to the completion of the Salt Creek Trunk Sewer. Based on the various analysis conducted as part of that study, it was determined that the most economically viable solution was to maintain only the gravity flows in the Telegraph Canyon Sewer and divert the pumped flows to the Poggi Canyon Trunk Sewer. Telegraph Canyon Trunk Sewer Improvements When the Willdan Study was prepared in 1992, prior to the formation of the Telegraph Canyon Gravity Basin DIF, the study and its recommendations were based on certain assumptions of rate of development and land uses within the basin. It was decided at that time that the timing of the construction of the required improvements, which formed the basis of the DIF, would be dependent upon the results of the City's monitoring of the trunk line. Since then, StalThas been monitoring the flow in the system. In December 1999, the City retained PBS&J to re-evaluate the findings of the Willdan Study and determine what capacity existed within the system and when improvements will be required. Based on the results of that study ("Telegraph Canyon Trunk Sewer Study dated September 2000) the City initiated the first phase of improvements on the Telegraph Canyon Trunk Sewer system. The construction project is currently underway and is scheduled to be completed by October 2002. The project will improve approximately 7,300 lineal feet of the trunk line and was sized to convey ultimate gravity basin flows. Since these improvements were sized for gravity basin buildout only, the improvements were financed utilizing "Telegraph Canyon Sewer Development Impact Fee" and Trunk Sewer Capital Reserve Funds only. While the construction of these improvements was underway, EastLake retained PBS&J to prepare the "Offsite Sewer Study for EastLake III"; a technical appendix to the Environmental Impact Report (EIR) that EastLake had to prepare for its EastLake III project. Since the EastLake III project is within the Salt Creek Sewer Basin and since the Salt Creek project was not yet completed, the purpose of the sewer study was to show how the EastLake III project would be served if the Salt Creek Trunk Sewer was not completed on time to serve the project. As part of that study, EastLake had to analyze various alternatives for providing sewer service to its project in lieu of the Salt Creek Gravity Sewer. The study determined that if the flows were pumped into the Telegraph Canyon Trunk Sewer line, in addition to the flows already being pumped into the line, the line would have to be significantly upsized well beyond the scope of the current improvements. Furthermore, recent flow monitoring also indicated that the Telegraph Trunk Sewer is very rapidly approaching threshold capacity within certain reaches of the pipeline that were not within the scope of the current improvements. Based on these constraints, the study determined that since the tnmk line was located in a highly traveled roadway, it would be extremely expensive and disruptive to try to complete the required improvements in time to avoid the system becoming overburdened. As a result of that study, Eastlake Company and the City, determined that it was more cost-effective and efficient to divert the pumped sewage flows to the Poggi Canyon Basin Sewer Interceptor while staff continues to maintain and monitor the Telegraph Canyon Sewer. The diversion of pumped Page 4, Item Meeting Date 10/22/02 flows will be accomplished through the construction of interim facilities via the recently completed Poggi Canyon Tnmk Sewer to the Date-Faivre Trunk Sewer line. The pump stations at Olympic Parkway and Otay Lakes Road will be retrofitted to pump the flows in a different direction as shown on Exhibit 2. This configuration will remain operational until the completion of the Salt Creek Trunk Sewer by the summer of 2003. This alternative has the added benefit of reducing the DIF from $560 to $180 per EDU. Also, the time to complete the needed improvements in the Poggi Canyon Basin Sewer Int_erceptor is significantly less than the time that would be required to do improvements in the Telegraph Canyon Trunk Sewer. It is estimated that the construction needed to divert the pumped flows to the Poggi Canyon Basin Sewer Interceptor can be completed by November 2002. POGGI CANYON The Poggi Canyon Sewer Basin is located in eastern Chula Vista and extends from west of Interstate 805 to EastLake. The basin includes a significant portion of the Otay Ranch General Planning Area situated north of the Wolf Canyon, west of Salt Creek Sewer Basins and south of the Telegraph Canyon Sewer Basin. The western portion of the Poggi Canyon Sewer Basin is principally built-out. The Poggi Canyon Trunk Sewer line was designed and constructed to convey sewage generated within the Poggi Canyon Sewer Basin to a planned connection to the Salt Creek Gravity Sewer Interceptor. However, since the Salt Creek Trunk Sewer is still under construction, the Poggi Canyon Trunk Sewer has been temporarily connected to the existing Date-Faivre Tnmk S~wer. To facilitate the removal of pumped flows from the Telegraph Canyon Trunk Sewer to the Poggi Canyon Sewer, the Poggi Canyon Sewer Line will be temporarily disconnected from the Date-Faivre Tnmk Sewer and connected to the City of San Diego Otay Valley Trunk Line until the Salt Creek Tnmk Sewer is completed by the summer of 2003, should Council approve an agreement reached with the City of San Diego which staff is bringing to Council at a later date. PROPOSED MODIFICATIONS TO THE TELEGRAPH CANYON SEWER PUMPED FLOWS DIF Background When the Telegraph Canyon Pumped Flow DIF was originally established in 1994, the DIF was based on the cost of the improvements on Telegraph Canyon Trunk Sewer alone. Based on the results of that study, the DIF was determined to be $560/EDU. However, since the City now proposes to use the Poggi Canyon Trunk Sewer line to convey the same pumped flows, the impacts resulting from the conveyance of the pumped flows in addition to gravity basin flows generated within the Poggi Canyon Basin, need to be determined and incorporated into the DIF calculation. Page 5, Item Meeting Date 10/22/02 Poggi Canyon Trunk Sewer Improvements (Pumped Flow) In February 2002, the City retained PBS&J to prepare an update to the Poggi Canyon Basin Plan that was prepared by Wilson Engineering in 1997 which was the basis for sizing the Poggi Canyon Trunk Sewer. The goal of this study by PBS&J was to analyze the ability of the system to sustain the gravity basin to buildout. The study was also intended to analyze the ability of the Poggi Canyon Trunk line to support pumped flows from other basins if for some reason the Salt Creek Trunk Sewer was not completed by 2005. The study determined that approximately 661 lineal feet of the Poggi Canyon Trunk Sewer would need to be replaced in order to support gravity basin bulldout. The fmdings were consistent with the earlier findings of the Wilson Study. The cost of these improvements will be funded through the existing Poggi Canyon Gravity Sewer Basin DIF. Shortly after completing that study, the Eastlake Company retained PBS&J to prepare a study termed "Pumped Sewer Development Impact Fee-Engineering Study" (Exhibit 3). The goal of the study was to determine the cost of the improvements required to support pumped flows from only those properties within the current "Tributary Basin" of the Telegraph Canyon Sewer Pumped Flows DIF. The study determined that there would be future constraints in the Interceptor caused by the conveyance of both gravity and pumped flows. A hydraulic simulation was performed with both the projected ultimate gravity basin and end-of-year 2005 Pumped Flow Basin sewage flows. It was determined that 11 segments of the Interceptor exceeded the City of Chula Vista's criteria for safely conveying sewage. Table 1 shows the total cost for the improvements needed to convey both gravity and pumped flows. TABLE 1 Estimated Cost of Improvements in the Poggi Canyon Basin Sewer Interceptor POGGI CANYON IMPROVMENTS EXISTING REPLACEMENT DIAMETER DIAMETER Gravity Basin Impacts ~ 18 Combined Gravity Basin and Pumped Flow Impacts 2 18 18 LENGTH I TOTAL (L. F.) COST $198,000 $884, 1. Improvements requked to support gravity basin to buildout. 2. Improvements required to support both ultimate gravity basin flows and year 2005 pumped flows. Page 6, Item Meeting Date 10/22/02 Tributary Basin Section 3, of Ordinance 2582 shows the "Territory" (area of benefit to which the Fee is applicable) (See Exhibit 4). With the proposed modifications to the DIF, the "Territory" will remain tmchanged as show in Exhibit 4. List of Facilities The list of facilities in the 1993 Willdan study was incorporated into Ordinance 2582. Therefore, the list of facilities shown on Ordinance 2582 will need to be revised to include the Poggi Canyon Trunk Sewer. Staff also recommends that the name of the DIF be changed to "Pumped Sewer Development Impact Fee" since the DIF now has two facilities (Telegraph Canyon Trunk Sewer and Poggi Canyon Tnmk Sewer) either of which can be used to provide the same sewer service. With the approval of these modifications, the fee will be based on the cost of improvements to the Poggi Canyon Basin Sewer Interceptor. Fee Determination Consistent with the 1993 Willdan Report, the 2002, PBS&J Engineering Study also recommends dividing the total estimated cost of improvements by the number of EDU's projected to be completed within the Pumped Flow Basin (by 2005) as the methodology for determining the DIF. Table 2 presents the revised DIF calculation. TABLE 2 Pumped Sewer Development Impact Fee (DIF) ITEM Interceptor Improvements - attributable to pumped flows only ESTIMATED COST Purchase of Equipment to Implement the Metering Programs $686,700 Pumped Flow Analysis Study $57,500 Pumped Flow DIF Engineering Study $13,500 Oversize of 2,522 linear feet of Poggi Canyon Basin Sewer Interceptor (15 to 18-inch) $10,000 Poggi Canyon Basin Sewer Interceptor Flow Monitoring Program $60,000 Telegraph Canyon Trunk Sewer Flow Monitoring Program $60,000 $15,000 This fee will be payable at the time a building permit is issued and will be in addition to the existing sewer capacity charge of $2,220 per EDU and the Salt Creek Sewer Development Impact Fee of $284 per EDU. The Fee will be adjusted annually to reflect the varying cost of construction, inflation and any changes in proposed development within the basin. COORDINATION VqITH THE DEVELOPMENT COMMUNITY Page 7, Item Meeting Date 10/22/02 Staff has coordinated with developers impacted by the modification of the DIF (EastLake Company and McMillin Companies) to present the plan for the modification of the Telegraph Canyon Sewer Pumped Flows DIF. The developers concur with the City's stated approach for modifying the DIF. PROPOSED ORDINANCES By adopting the proposed Ordinances, the Council would accomplish the following: 1. Add the Poggi Canyon Basin Sewer Intemeptor as one of the "Facilities" financed by the Telegraph Canyon Sewer Pumped Flows Development Impact Fee. 2. Decrease the DIF from $560 to $180 per EDU. 3. Change the name of the Telegraph Canyon Sewer Pumped Flows Development Impact Fee to Pumped Sewer Development Impact Fee. Authorize the Ordinance to become effective 60 days after the second reading. 4. Authorize the DIF change to become effective immediately through adoption of the Urgency Ordinance. 5. Authorize the expenditure of funds collected with the established Telegraph Canyon Sewer Pumped Flows DIF, in conjunction with the furore fees, to be used to financelhe improvements, engineering studies and monitoring of the Telegraph Canyon Trunk Sewer and the Poggi Canyon Basin Sewer Interceptor. Urgency Ordinance The Urgency Ordinance will enable the City to collect the Fee during the 60-day waiting period for the regular Ordinance to become effective. This Urgency Ordinance is only valid for 30 days and therefore, it will be necessary to notice and hold a second and third hearing in order to extend the Urgency Ordinance in 30-day increments until the permanent Ordinance becomes effective. Approval of 4/5th's vote will be needed for all Urgency Ordinances. Staff recommends that the Pumped Sewer Development Impact Fee go into effect immediately by adopting the Urgency Ordinance in order that the City have the option of using either the Telegraph Canyon Trunk Sewer or the Poggi Canyon Basin Sewer Interceptor to provide sewer service to developments within the Pumped Flow Basin. Immediate implementation of this Fee is necessary due to the current and immediate threat to public safety, which could arise from the pumped flows remaining in the Telegraph Canyon Trunk Sewer beyond the threshold capacity of the trunk sewer system. Exceeding the threshold capacity could result in overflow of the sewer line, and failure of the sewer system. The prospect of a sewage spill, and the resulting impacts constitutes a current and immediate threat to public health, welfare and safety that justifies the immediate imposition of this Fee and amendment of Ordinance 2582. /b Page 8, Item Meeting Date 10/22/02 ENVIRONMENTAL IMPACT The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the project qualifies for a statutory exemption pursuant to Section 15282(1) of the State CEQA Guidelines. Thus, no further environmental review is necessary. FISCAL IMPACT: Passage of these Ordinances will result in revenues of approximately $902,700. The fee will be adjusted annually to reflect the varying cost of construction, inflation and any changes in proposed development within the Basin. These revenues would be used for the construction and other related costs of the improvements needed to the Telegraph Canyon Trunk Sewer and the Poggi Canyon Basin Sewer Interceptor as a consequence of the additional conveyance of pumped flows. Attachments: Exhibit 1: Ordinance 2582, establishing the Telegraph Canyon Sewer Pumped Flows Development Impact Fee. Exhibit 2: Plan showing the Proposed Re-routing of Pumped Flows to the Poggi Canyon Basin Sewer Interceptor. Exhibit 3: Pumped Sewer Development Impact Fee-Engineering Study Exhibit 4: Pumped Flow Basin for the Poggi Canyon Basin Sewer Interceptor. J:~Engineer~AGENDA~umped Flow Agenda Statement. sh.doc Last printed 10/22/02 1:33 PM COUNCIL AGENDA STATEMENT EXHIBIT _? Item ]9 Meeting D~ii~ ½1n9/o2 ITEM TITLE: Public Hearing to consider the adoption of an Urgency Ordinance modifying the existing Telegraph Canyon Sewer Pumped Flows Development Impact Fee. Urgency Ordinance Amending Ordinance 2582 to add the P0ggi Canyon Basin Sewer Interceptor as one of the facilities financed by the Tele~aph Canyon Sewer Pumped Flows Development Impact Fee and to change the name to Pumped Sewer Development Impact Fee/ SUBMITTED BY: Director of Public Works~ REVIEWED BY: City Manager ~.,~' (4/5thsVote: Yes X No ) On October 22, 2002, City Council approved Urgency Ordinance No. 2885-A, modifying Ordinance 2582. This proposed Urgency Ordinance will enable the City to continue to collect the fee during the sixty (60) day waiting period before the regular Ordinance becomes effective. The public hearing has been duly noticed. RECOMMENDATION: That City Council conduct the public hearing and approve the Urgency Ordinance amending Ordinance 2582. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The amendment to Ordinance 2582 adding the Poggi Canyon Basin Sewer Interceptor as one of the facilities financed by the Telegraph Canyon Pumped Flows DIF and ~hanging the name of the DIF to Pumped Sewer Development Impact Fee (PSDIF) was introduced on Qctober 22, 2002 and approved on November 5, 2005 by Ordinance 2885.: I~ will become effective sixty (60) days after its adoption. Urgency Ordinance 2885-A, Which was also adopted on O~,tober 22, 2002, expires thirty (30) days after its adoption. Tonight's Ordinance, if approved, will extend the Urgency Ordinance for an additional thirty (30) days. A second, extension of the Urgency Ordinance will be brought to Council on December 17, 2002 to prolong the collection of the fee until the regular Ordinanc~bec0mes effective. - .. . . The PSDIFd ~Pprox)ed [~Y C0Uncil on October 22, 2002, included the eoggi Canyon Basin Sewer Interceptor as one of the facilities financed by the DIF and recalculated the fee to be $180 per Equivalent Dwelling Unit (EDU). The same topics were discussed and Item P~ 2 Meeting Date 11/1~/02 adopted by the Urgency Ordinance 'approved on the same date. The PSDIF is fully explained in the October 22, 2002 Agenda Statement, attached hereto. Table 2 presents the chlculati6n'bfthe fee (Table 1 is omitted). TABLE 2 i,-. Pumped Sewer Development Impaci Fee (DIF) ITEM ;: Interceptor Improvements - attributable to pumped flows only · Pumped Flow Analysis Study Pumped Flow DIF Engineering Study Oversize of 2,522 linear feet of Poggi Canyon Basin Sewer Interceptor (15 to 18-inch) Poggi Canyon Basin Sewer Intemeptor Flow Monitoring Program Telegraph Canyon Trunk Sewer Flow Monitoring Program Purchase of Equipment to Implement the Metering Programs TOTAL : :-: :: ~:~-~. :: rumpeTd~Flow Basra EBIJs:.£~ff,~ · a ear:2005 : ~' D~ FEE PER EDU ._ :: ~ ,~ - ESTIMATED COST $686 $57,500 $13 $I0,000 II $60,000 $60. $15,000 $902 $18f This fee will be payable at the time a building permit is issued and will be in addition to the existing sewer capacity charge of $2,220 per EDU and the Salt Creek Sewer Development Impact Fee of $284 per EDU. The Fee will be adjusted annually to reflect the varying cost of construction, inflation and any changes in proposed development within the basin. FINDINGS Staff recommends that the-Pumped Sewer Development Impact Fee go into effect immediately by adopting the Urgency Ordinance in order that the City have the option of using either the Telegraph Canyon-Trunk. Sewer or the Poggi, Canyon Basin Sewer Interceptor to provide sewer service to deyelopments within the Pumped Flow Basin. Immediate implementation of this Fee is necessary due to the currem and immediate threat to public safety which could arise from the pumped flows' remaining in the '~elegraph Canyon Trunk Sewer beyond the threshold capacity of the trunk sewer system causing sewage spills and failure of the sewer system: ' The prospect of sewage spills, failure of the sewer system and concerns about an increased charge to remaining property owners constitutes a current immediate threat to the public health, welfare and safety justifying the immediate imposition oftfiis Fee.-`3 ~;'" ~ ~ '-' Page 3 Item I~' Meeting Date 11/19/02 · ENVIRONMENTAL REVIEW -The Environmental Review Coordinator has reviewed the-proposed project for compliance with the California Environmental Quality Act and has determined that the project qualifies for a statutory exemption pursuant to Section 15282(1) of the State CEQA Guidelines. Thus, no further environmental review is necessary. FISCAL IMPACT: Passage of these Ordinances will result in revenues of approximately $902,700. The fee will be adjusted annually to reflect the varying cost of construction, inflation and any changes in proposed development within the Basin. These revenues would be used for the construction and other related costs of the improvements needed to the Telegraph Canyon Trunk Sewer and the Poggi Canyon Basin Sewer Interceptor as a consequence of the additional conveyance of pumped flo~vs. Exhibit 1: Council Agenda Statement for October 22, 2002 J:\engineeP,aGENDA\Pumped Flox~ DiF-Agenda Statement lbr 2nd Urgency Ord sh.doc Last printed I 1,13:02 12:14 PM ORDINANCE NO. AN URGENCY ORDINANCE OF THE CITY OF CHULA VISTA, CALIFORNIA AMEND1NG ORDINANCE 2582 TO ADD THE POGGI CANYON BASIN SEWER INTERCEPTOR AS ONE OF THE FACILITIES FINANCED BY THE TELEGRAPH CANYON SEWER PUMPED FLOWS DEVELOPMENT IMPACT FEE AND TO CHANGE THE NAME TO PUMPED SEWER DEVELOPMENT iMPACT FEE WHEREAS, the City Council placed Ordinance No. 2884 on first reading on October 22, 2002 amending Ordinance No 2582, adding the Poggi Canyon Basin Sewer Interceptor as one of the facilities financed by the Telegraph Canyon Sewer Pumped Flows DIF and changing the name of the DIF to Pumped Sewer Development Impact Fee; and, WHEREAS, pursuant to Government Code Section 66017(a), the fees modified by that Ordinance will not become effective until sixty (60) days after its second reading; and, WHEREAS, development in the City located within the Pumped Flow Basin will be applying for building permits during the interim period before the develo_pment impact fee modification becomes effective; and, WHEREAS, Government Code Section 66017(b) authorizes the City to adopt an interim fee as an urgency measure upon making a finding describing the current and immediate threat to the public health, welfare and safety; and, WHEREAS, said interim measure will be effective for thirty (30) days and may be extended twice for additional thirty (30) day periods upon subsequent action by the City Council; and, WHEREAS, the City adopted Urgency Ordinance No. 2884-A, amending the Telegraph Canyon Sewer Pumped Flows Development Impact Fee, which will expire thirty (30) days after its adoption; and, WHEREAS, the City adopted Urgency Ordinance No. 2884-B, amending the Telegraph Canyon Sewer Pumped Flows Development Impact Fee, which will expire thirty (30) days after its adoption; and, WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the project qualifies for a statutory exemption pursuant to Section 15282(1) of the State CEQA Guidelines. Thus, no further environmental review is necessary; and, Ordinance Page 2 WHEREAS, State Law requires said Urgency Ordinance to be adopted by a four- fifths vote. NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows: SECTION 1: Finding of Urgency That the City Council of the City of Chula Vista finds that it is necessary that its Telegraph Canyon Sewer Pumped Flows Development Impact Fee be changed to Pumped Sewer Development Impact Fee and go into effect immediately in order to avoid sewage spills as a consequence of not having the option to use the Poggi Canyon Basin Sewer Interceptor to pumped sewage flows. Immediate implementation of this Fee is necessary due to the current and immediate threat to public safety which could arise from the pumped flows remaining in the Telegraph Canyon Trunk Sewer beyond the threshold capacity of the trunk sewer system causing sewage spills and failure of the sewer system. The City Council finds that the prospect of sewage spills, failure of the sewer system and concerns about an increased charge to remaining property owners constitutes a current immediate threat to the public, welfare and safety justifying the immediate imposition of this Fee. SECTION 2: That the Approval of Backup Plan set forth in Section 1 of Ordinance 2582, shall be amended to read as follows: "SECTION 1. Approval of Backup Plan. The City Council has independently reviewed the proposed Backup Plan herewith presented, finds that it is fair, reasonable and equitable to all parties, and herewith adopts same in the fom~ on file with the City Clerk, and on file in the Office of the City Engineer. A15o,.l_he Cit~ Council has independently _revi_e~ed the "2002~ p~mped Sewer Development Impact Fee Engineering StudT~i, herewith presented~ finds that it is fair, reasonable and equitable to al! parties, and herewith adopts same in the form on file with the City Clerk and on file in the Office of the City Enginee__r." SECTION 3: That the list of Facilities set forth in Section 2 of Ordinance 2582, shall be amended to read as follows: "SECTION 2: "Facilities" Ordinance Page 3 The facilities which are the subject matter of the fee herein established are fully described in the 1993, "Backup Plan" at page 24 thereof, and the locations at which they will be constructed are more fully described on Plates I through 14 under the section thereof entitled "Improvement Locations"; and in the 2002, ~pumped Sewer Developmem Impact Fee Engineering Study", Figure~.6_ Po~gi Canyon Inter~pior Improvements and Table 4~ ~P~eei Canyon Interceptor Improvements - Required Due to Year 2005 Area of Benefit Pumped Flows~ all of which facilities may be modified by the City Council from time to time by resolution ("Facilities"). The City Council may modify or amend the list of projects herein considered to be part of the Facilities by written resolution in order to maintain compliance with the City's Capital Improvement Program or to reflect changes in land development and estimated and actual wastewater flow." SECTION 4: That the Territory to Which Fee is Applicable set forth in Section 3 of Ordinance 2582, shall be amended to read as follows: "SECTION 3. Territory to Which Fee Is Applicable. The area of the City of Chula Vista to which the Fee herein established shall be applicable is set forth as an Exhibit to the Backup Plan, entitled "Developments Subject to Pumping (Pumped Flows Basin), Telegraph Canyon Sewer Basin, Improvement and Financing Plan Amendment, Incorporating Pumped Flows," shown as being "Prepared: June 23, 1993" not yet revised, shall be referred to herein as the "Territory" or alternatively "Pumped Flows Basin" and is generally described as that area to the East of the Telegraph Canyon Sewer Basin, within the Salt Creek and Poggi Canyon Basins. This same area is also shown in the_ 2002~ _"p ~u~ped Sewer Development Impact Fee E_ n~ineering Study"." SECTION 5: That the Purpose set forth in Section 4 of Ordinance 2582, shall be amended to read as follows: "SECTION 4. Purpose. By Ordinance No. 2533, the City Council approved a plan ("Gravity Basin Plan") for the financing and construction of the sewer-related facilities necessary to serve only the sewage transmission demands for the EDU's in the Gravity Basin. The purpose of Ordinance No. 2582 and this ordinance is to provide the necessary financing to oversize~stu_dy and monitor such sewer- Ordinance Page 4 related facilities in the Telegraph Canyon Sewer Gravity Basin, as defined in Ordinance No. 2533, Section 2, Territory ("Gravity Basin"); and in the Poggi C~anvon Sewer Basin, as defined in the 2_0~02, "Pumped Sewer Development Impact Fee Engineering Study", to accommodate sewage flows pumped into the _Teleg~a_12h and Poggi Canyon Gravity Basins from the Pumped Flows Basin." SECTION 6: That the Determination of Equivalent Dwelling Units set forth in Section 7 of Ordinance 2582, shall be amended to read as follows: "SECTION 7. Determination of Equivalent Development Units. Each single-family detached dwelling or single-family attached dwelling shall be considered one EDU for purposes of this Fee. Each unit within a multi- family dwelling shall be considered 0.75 EDU. Every other commercial, industrial, non-profit, public or quasi-public, or other usage shall be charged at a rate calculated in accordance with Table I of the 2002~ "Pumped_ Sewer Development Impact Fee Engineering Study"~ ~:;~,-. ..... 5, .r~"'~e,~ 9 er. SECTION 7: That the Purpose and Use set forth in Section 9 of Ordinance 2582, shall be amended to read as follows: "SECTION 9. Purpose and Use of Fee. The purpose of the Fee is to pay for the planning (including preparation of the _19~93_, "Backup Plan" and the 2002, "Pumped Sewer Develop¢_e_n_t_ Impact Fee Engineering Studv")~ design, ~tu_dy, construction, repair, maintenance, and/or financing (including the cost of interest and other financing costs as appropriate) of the Facilities, or reimbursement to the City or, at the discretion of the City if approved in advance in writing, other third parties for advancing costs actually incurred for planning, designing, constructing, or financing the Facilities." SECTION 8: That the Amount of Fee; Amendment of Master Fee Schedule set forth in Section 10 of Ordinance 2582, shall be amended to readas follows: "SECTION 10. Amount of Fee; Amendment of Master Fee Schedule. The Fee shall be calculated at the rate of $180 $560 per EDU. Chapter XV of the Master Fee Schedule is hereby amended to add Section B, which shall read as follows: Ordinance Page 5 "B. Pump_ed Sewer w~, ..... h t- ......e ...... ~ .....a Flows Development Impact Fee. This section is intended to memorialize the key provisions of Ordinance No. 2547, but said Ordinance governs over the provisions of the Master Fee Schedule. For example, in the event of a conflict in interpretation between the Master Fee Schedule and the Ordinance, or in the event those additional rules applicable to the imposition of the Fee, the language of the Ordinance governs. a. Territory to which Fee applicable. The area of the City of Chula Vista to which the Fee herein established shall be applicable is set forth as an Exhibit to the 1993, "Backup Plan'_', entitled "Developments Subject to Pumping Pumped Flows Basin", Telegraph Canyon Sewer Basin, Improvement and Financing Plan Amendment, Incorporating Pumped Flows", shown as being "Prepared: June 23, 1993" not yet revised, shall be referred to herein as the "Territory or alternatively "Pumped Flows Basin" and is generally described as that area to the East of the Telegraph Canyon Sewer Basin, within the Salt Creek and Poggi Canyon Basins. This same area is also shown in t_he 2002_~ ?_u_rnped Sewer Development Impact Fee Engineering Study"~ b. Rateper EDU. The Fee shall be calculated at the rate of $560 $180 per EDU, which rate shall be adjusted from time to time by the City Council. c. EDU calculation Each single-family detached dwelling or single-family attached dwelling shall be considered one EDU for purposes of this Fee. Each unit within a multi-family dwelling shall be considered 0.75 EDU. Every other commercial, industrial, non-profit, public or quasi-public, or other usage shall be charged at a rate calculated in accordance with Table 1 of the 2002. "_Pumped Sewer Development Impact Fee Engineering Study' ~: ..... 5, d. When Payable. Ordinance Page 6 The Fee shall be paid in cash not later than immediately prior to the issuance of a building permit, except that a Letter of Credit Procedure is permitted for this Fee in the adopting Ordinance, as same may, from time to time, be amended. The City Council intends to review the amount of the Fee annually or from time to time. The City Council may, at such reviews, adjust the amount of this Fee as necessary to assure construction and operation of the Facilities, the reasons for which adjustments may include, but are limited to, the following: changes in the costs of the Facilities as may be reflected by such index as the Council deems appropriate, such as the Engineering-News Record Construction Index; changes in the type, size, location or cost of the Facilities to be financed by the Fee; changes in land use on approved tentative maps or Specific Plan Amendments; other sound engineering, financing and planning information. Adjustments to the above Fee may be made by resolution amending the Master Fee Schedule." SECTION 9: That the Authority for Accounting and Expenditures set forth in Section 11 of Ordinance 2582, shall be amended to read as follows: - "SECTION 11. Authority for Accounting and Expenditures. The Tele rgr~h_~anyon Sewer Basin Pumped Flows Development Impact Fee Fund (TCSBPF DIF) will be henceforth referred to as Pu_mpcd_ Sewer Development Impact Fee (PS DIF( The proceeds collected from the imposition of the Fee (PS DIF) shall be deposited into a public facility financing fund ("Telegraph r~ ...... Sewer Developm_eot~ I__ mpact Fee Fund" or alternatively herein "Fund" or ,,~rr~cr~rm PS DIF Fund") ,,th:,h '~S ha~a~ ...... *~'~ and such proceeds shall be expended only for the purposes set forth in this ordinance. The Director of Finance is authorized to establish various accounts within the Fund for the Facilities identified in this ordinance and to periodically make expenditures from the Fund for the purposes set forth herein in accordance with the facilities phasing plan or capital improvement plan adopted by the City Council." SECTION 10: That the Findings set forth in Section 13 of Ordinance 2582, shall be amended to read as follows: /Lo 20 Ordinance Page 7 "SECTION 13. Findings. The City Council finds that collection of the Fees established by this ordinance at the time of the building permit is necessary to ensure that funds will be available for the construction of facilities concurrent with the need for these facilities and to ensure certainty in the capital facilities budgeting for growth impacted public facilities. The City Council finds that developers of land within the City should be required to mitigate the burden created by development through the construction or improvement of sewer facilities within the boundaries of the development and either the construction or improvement of sewer facilities outside the boundaries of the develo£ment which are needed to provide service to the development in accordance with City standards or the payment of a fee to finance a development's appropriate portion of the total cost of the sewer facilities; and_, The City Council finds that the legislative findings and determinations set forth in Ordinance 2582 continue to be true and correct; and, The City Council finds, after consideration of the evidence presented to it, including_ the 2002, Pumped Sewer Development Impact Fee Engineering Study, prepared by PBS&J, that the inclusion of the Poggi Canyon Basin Sewer Interceptor as one of the facilities to be financed by the development impact fee and the change of the Telegraph CanD'on Sewer Pumped Flows Development Impact Fee to Pumped Sewer Development Impact Fee are necessary in order to assure adequate sewer service to the P_gmped Flow Basin; an~d, The City Council finds~ based on the evidence presented at the meeting and the various reports and information received by thc City Council in the ordinatw course of its business, that the imposition of the Pumped Sewer Development Impact Fee on all develo_pment in the Pumped Flow Basin for which building permits have not been issued is necessary in order to protect the publ._ic health.safety and welfare;_~a_n_d~ The City Council finds that the amount of the amended fees levied b2t this Ordinance does not exceed the estimated cost of p~vi_ding the sewer s_er¥i~eto the developments within the Pumped Flow Basin; and~ Ordinance Page 8 The City Council finds that it is appropriate to re-evaluate the development impact fee to reflect the findings of the 2002, _Pumped Sewer Development Impact Fee Engineering Studz_and the inclusion of [bg Po~gi Canyon Basin Sewer Interceptor as another alternative to diversion of the pumped flows from the _Pumped Flow Basin; an& The City Council finds it is necessary to ensure the option to pumped flows to the Poggi Canyon Basin Sewer Interceptor before the threshold capaci~ limits are exceeded in the Telegraph Canyon Trunk Sewer and to ensure the timely payment to adequately fund_ o~going and future sewer improvements, flow monitoring and studies r~e_quired in_the Te_[egraph C~on Trunk Sewer and Poggi Canyon Basin Sewer I_nter~e~_tor trig~e_r_ed&.y_ ~the pumped sewer flOWS." SECTION 11: That the Mandatory Oversizing of Facility; Duty to Tender Reimbursement Offer set forth in Section 15 of Ordinance 2582, shall be amended to read as follows: "SECTION 15. Mandatory Oversizing of Facility; Duty to Tender Reimbursement Offer. Whenever a developer of a development project in the Territory of the Pumped Flows Basin is required as a condition of approval of an entitlement (e.g., General Plan Amendment, Pre-zoning, General Development Plan, SPA Plan, etc.) to cause a portion of the sewer system which is the subject matter of a Facilities enhancement planned for improvement under the Gravity Basin Plan to be oversized under the_~w~vn~ .... .m~"l~ 2002 "Pumped Sewer Development Impact Fee Engineering S_tudv", the City may require the developer to install the Facilities according to design specifications approved by the City, that being with the supplemental size or capacity in order to accommodate estimated ultimate flow as indicated in the Basin Plan and subsequent amendments. If such a requirement is imposed, the City shall first grant credits against the developer's obligation to pay the Fee, and, as to any excess, offer to reimburse the developer from the Fund either in cash or over time as Fees are collected, at the option of the City, for costs incurred by the developer for the design and construction of the Facility not to exceed the estimated cost of that particular Facility as included in the calculation and updating of the Fee, and in an amount agreed to in advance of their expenditure in writing by the City. The City may update the Fee calculation, as Ordinance Page 9 City deems appropriate prior to making such offer. This duty to extend credits or offer reimbursement shall be independent of the developer's obligation to pay the Fee." SECTION 12: That the Assessment District set forth in Section 20 of Ordinance 2582, shall be amended to read as follows: "SECTION 20. Assessment District. If any assessment or special taxing district is established to design, construct and pay for any or all of the Facilities ("Work Alternatively Financed"), the owner or developer of a project may apply to the City Council for reimbursement from the Fund in an amount equal to that portion of the cost included in the calculation of the Fee attributable to the Work Alternatively Financed. In this regard, the amount of the reimbursement shall be based on the costs included in theu~.,~vn~''v'''~ .m~-~.. __2002, "Pumped_ Sewer Development Impact Fee Engineering Stud¥"~, as amended from time to time, and therefore, will not include any portion of the financing costs associated with the formation of the assessment or other special taxing district." SECTION 13: That the Time Limit for Judicial Action set forth in Section 22 of Ordinance 2582, shall be amended to read as follows: "SECTION 22. Time Limit for Judicial Action. Any judicial action or proceeding to attack, review, set aside, void or annul this ordinance shall be brought within the time period as established by Government Cede Section 5q995 law after the effective date of this ordinance. In accordance with Government Code Section 66020 (d) (1), the ninety-day approval period to which par2t_i_e8 may protest begin5 upon the effective date of this Ordinance." SECTION 14: That the CEQA Findings for Statutory Exemption set forth in Section 23 of Ordinance 2582, shall be amended to read as follows: "SECTION 23. CEQA Findings for Statutory Exemption. The City Council does hereby find that the Fee herein imposed is for the purpose of obtaining funds for capital projects necessary to maintain service within existing service areas. The Council finds that the proposed Facilities are in existing rights-of-way parallel to or replacing existing sewer lines. Therefore, the City finds that the Ordinance Page 10 adoption of this Ordinance is statutorily exempt under the provisions of P'a't;c o ......... c.^a~ ~....,;~. '~n~n ~ r~ ~..a CEQA Guidelines Section 15273 15282 (1)." SECTION ltl: Expiration of this Ordinance. This Ordinance shall be of no further force and effect thirty (30) days a~ter its adoption. SECTION 16: Time Limit for Protest and 3udicial Action. Any judicial action or proceeding to attack, review, set aside, void or annul this Ordinance shall be brought with the time period as established by law. In accordance with Government Code Section 66020(d)(1), the ninety-day approval period in which parties may protest begins upon the effective date of this Ordinance. SECTION 17: Effective Date. This Ordinance shall become effective immediately upon four-fifths vote. Presented by: Approved as to Form by: John P. Lippitt Director of Public Works Joh~ ~v~. ~I{aheny City Attorney J:\Engineer\AGENDA\pumped flo~ 3rd urgency ordinance sh.doc Last printed 12/5/02 12:30 PM COUNCIL AGENDA STATEMENT Item ~7 Meeting Date 12/17/02 ITEM TITLE: Public Hearing to consider the adoption of an Ordinance and an Urgency Ordinance modifying the existing Otay Ranch Pedestrian Bridge Development Impact Fee and Area of Benefit. Resolution Accepting a report prepared by Development Planning and Financing Group recommending an updated Pedestrian Br/dge Development Impact Fee to fund pedestrian bridge improvements in the Olay Ranch Villages I, 5 and 6. Ordinance Amending the Otay Ranch Village l and 5 Pedestrian Bridge Development Impact Fee to include Village 6 to pay for pedestrian bridge improvements as a condition of issuance of building permits. Urgency Ordinance Amending the Otay Ranch Village 1 and 5 Pedestrian Bridge Development Impact Fee to include Village 6 to pay for pedestrian bridge improvements as a condition of issuance of building permits. SUBMITTED BY: Director o['Public Works REVIEWED BY: City Manager~/~T/~¢ O~''~ (4/5ths Vote: Yes X No ) The City Council established the original Otay Ranch Pedestrian Bridge Development Impact Fee (Ped Bridge DIF) on January 5, 1999 by Ordinance 2767. The original Ped. Bridge DIF was set up to fund the construction of the bridge between Villages 1 and 5 over La Media Road, halfofa bridge between Village 1 and 2 over Olympic Parkway and half ora bridge between Village 5 and 6 also over Olympic Parkway. Tine La Media Road bridge has been completed by McMillin Co. and is in service. The Village 6 tentative maps Ibc McMillin and Olay Project have similar requirements to fund the construction of their fifir shares of the pedestrian bridge over OlYmpic Parkway to Village 5 and for a fourth bridge, which will be located on La Media Road between Village 6 and 2. This fourth bridge completes a continuous Village Pathway loop between all four Villages. Tonight, Council will consider the adoption of an updated Ped. Bridge Ordinance and DIF program that assures fitnding for the completion of four bridges as the Villages buildout. The fee, payable at issuance ora building permit, will increase to $783 per equivalent single family dwelling unit (EDU) from $545 currently. The proposed Urgency Ordinance will enable the City to collect the fee during the 00-day waiting period before thc regular ordinance becomes effective. The public hearing l~as been duly uoticcct. RECOMMENDATION: That Council: 1. Conduct tile Public Hearing; 2. Approve the Resolution accepting the report prepared by Development Planning and Financing Group (Ped Bridge Report); /'7 Page 2, Item [7 Meeting Date 12/17/02 Adopt the Ordinance amending the Otay Ranch Village I and 5 Pedestrian Bridge Development Impact Fee to include Village 6 to pay for pedestrian bridge improvements as a condition of issuance of building permits(first reading); Adopt the Urgency Ordinance Amending the Otay Ranch Village 1 and 5 Pedestrian Bridge Developlnent Impact Fee to include Village 6 to pay for pedestrian bridge improvements. BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable DISCUSSION: A condition or' approval of both McMillin's and Otay Project's Village 6 tentative maps is the establishment ora Development Impact Fee (DIF) or other funding mechanism for Village 6's fair share of the halves of two pedestrian bridges: one over La Media Road from Village 6 to Village 2 and the other over Olympic Parkway near East Palomar Street (please see the attached Exhibit l showing these bridges). The other halves of these bridges have been or will be funded by the adjacent projects: The South La Media Road bridge by Village 2 and both Olympic Parkway bridges by SPA 1 (Villages l and 5) for the. The existing Ped Bridge DIF Ordinance covers Villages 1 and 5. It was established to fund one full bridge (the now completed North La Media Road Bridge) and two half bridges, one being the north half of the bridge over Olympic Parkway at East Palomar and the other between Village 1 and the High School in Village 2. The existing Ped Bridge DIF has paid for the North La Media Road bridge in SPA I and, after setting aside funds estimated to be needed to construct the remaining two half bridges, Staff projects a remaining balance in the DIF o17 about $547,000. Staff; together with McMillin and Otay Project, is proposing to revise the existing DIF by expanding the Area of Benefit to include Village 6. Funds collected at issuance of building permits in Village 6 xvould be added to the balance and would contribute to the construction of all remaining bridges mclading the South La Media Road Bridge, which was not identified in the original DIF ordinance. Alternatively, a separate Village 6 DIF could be established that would not have access to the SPA I DIF funds. A standalone Village 6 DIF would substantially increase the amount that Village 6 would have to pay because of its high bridge cost relative to the number of dwelling units. Comparison of Proposed Fees Expanding the Current DIF v. Two Separate DIF's Expanded DIF ' Separate DiF's Single Family Villages 1 and 5 $783 $545 (existing DIF) Detached Village 6 $783 $1031 Multi-Family Villages I and 5 $580 $374 (existing DIF) Village 6 $580 $763 Pedestrian Bridge Report The original Pedestrian Bridge Development Impact Fee Report (Report) has been updated to: include Village 6 and construction of the South La Media Bridge; to revise the construction cost estimates l}w the other remaining bridges and establish the new fee. Development Planning and Financing Grottp, who also wrote the original report, prepared the updated Report, dated December l 7, 2002. The Report was prepared at the expense of the developers and as been reviewed by the City Attorney and the Engineering Division. The Report is attached as Exhibit 3. Page 3, Item ~7 Meeting Date 12/17/02 Area of Benefit The Area of Benefit of the updated Ped Bridge DIF will include all of Villages I, 5 m~d 6 (sec Exhibit 2). There are approximately 730 building permits remaining to be issued in Village 1 and 5 that would be subject to the new fees. At such time as the Village 2 tentative map is approved and prior to the first final map therein the Ped Bridge DIF may be further expanded to include Village 2, so that the development in Village 2 will not only pay its fair share of the t~vo bridges directly connecting the Village 2 area but xvill, in effect, also participate in the cost of the entire bridge system. Pedestrian Bridges and Village Connectivity The planned pedestrian bridges of Otay Ranch SPA 1, Villages 2 and 6 are an integral part of the Village Pathway that forms a loop tlu'ough these Villages. Tl~e Village Pathway provides pedestrians, bicyc les and carts with a route that is separated from the major roadways of this part of Otay Ranch. The bridges and the Path~vay support the pedestrian orientation of these Villages and tie them togclher with a contii~uotls and safe way to cross the six lanes of Olympic Parkway and Media Road. Due to each individual bridge being part ora whole system, each Village derives a benefit from all the bridges in proportion to the number of units in that Village. Therefore, by expanding the Ped Bridge DIF to include Village 6, and, in the future, Village 2, one overall bridge funding mechanism is created that spreads the cost more equitably and reflects the proportional benefit derived by cach Village. Change in Fee Allocation Among Land Uses The original fee was based on the persons per dwelling unit rates found in Municipal Code Section 17.10.040. These rates, which are used to calculate parkland dedication requirements, were modified by Ordinance No. 2886. There are now only two residential land use categories in Sec 17.10.040: single family and multiple-family. The single family rate is now 3.572 persons per dwelling anit (3.21 originally) the multiple family rate is 2.61 persons per dwelling unit (2.21 originally). The new Ped. Bridge DIF will be based on the new ratio of single family to multiple family persons per dwelling unit, which sets the multiple family rate at 74% of the single family rate. For purposes of the Ped Bridge DIF, a single unit is defined as a residential unit within a planning area or neighborhood that has a net tentative map density of 8 units or less per acre. A multiple fa~nily unit is within a planning area or neighborhood with a density of more that 8 units per acre. Meetings with the Master Developers Staff has had meetings with both master developers of Village 1,5 and 6. The developers funded the Report and concur with thc findings therein and the proposed mechanism for funding the pcclestrian bridges. Urgency Ordinance This Ordinance will become effective 60 days after the second reading. If adopted, this Urgency Ordinance would go into effect immediately (on December 18, 2002) and will enable the City to collect the flee during the 60-day waiting period for the regular ordinance to become effective. This ordinance is only valid for 30 days, and therefore, it will be necessary to notice and hold a second and third heafing in order to extend the urgency ordinance in 30-day increments until the permanent ordinancc bccomes effective. An approval of 4/5'h's vote will be needed for all urgency Ordinances. Page4, Item 17 Meeting Date 12/17/02 Staff recommends that the Ped Bridge DIF go into effect immediately by adopting the Urgency Ordinance in order that all developments pay their fair share of the cost of the pedestrian bridge improvements in accordance with the Tentative Map conditions of approval and at the rates set forth in Report. Immediate implementation of this fee is necessary due to permits that are pending throughout the Area of Benefit, including Village 6 where presently no fee exists. The developers have agrced, via Supplemcntal Subdivision Improvement Agreements, that no building pemaits shall be issued until this fee goes into effect. Therefore, rather than hold up issuance ofbuilding permits the developers are also requesting that the Urgency Ordinance be adopted. The prospect of a shortfalI, fidlure of the street system and concerns about an increased charge to remaining propcrty owners constitutes a current immediate threat to the public health, welfare and safety justifying the immediate imposition of this fee. Environmental Review The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has detemfined that the activity is not a "Project" as defined nnder Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Although environmental review is not necessary at this time, environmental review xvill be required prior to the approval of final design plans and the awarding of construction contracts for facilities funded through Pedestrian Bridge Development Impact Fee. FISCAL IMPACT: The Ped Bridge Development Impact Fee, as for all of the City's Development Impact Fees, is maintained separately from the general fund. The developers have paid for ail costs related to update including the preparation of the Report. The fair-sham maintenance costs associated with all Otay Ranch pedestrian bridges are fimded by the Community Facilities Districts in which they located. Exhibits: 1. Pedest~-ian Bridge Facility Map 2. Area of Benefit 3. Pedestrian Bridge DIF Report J:\Engineer'AGEN DA\CAS OR Ped bridge Ordinance 12~ 17-02.doc 1 VILLAGE 2 HIGH SCHOOL RIDGE ~~ , OTAY RANCH PEDESTRIAN BRIDGES U.I LU Z I-- 0 CITY OF CHULA VISTA PEDESTRIAN BRIDGE DEVELOPMENT IMPACT FEE REPORT FOR OTAY RANCH VILLAGE 6 DECEMBER 17, 2002 Prepared by: Development Planning & Financing Group 27127 Calle Arroyo, Suite 1910 San Juan Capistrano, CA 92675 /7 7 CITY OF CHULA VISTA PEDESTRIAN BRIDGE DEVELOPMENT IMPACT FEE REPORT INDEX DESCRIPTION PAGE 1. Background and Purpose of Report 2 2. Description of Pedestrian Bridges and Cost Estimates 3 3. Area of Benefit 4 4. Development within the Area of Benefit 5 5. Pedestrian Bridge Development Impact Fee Methodology 7 6. Implementation of Pedestrian Bridge Development Impact Fee 8 Map of Pedestrian Bridge Locations Map of General Development Plan Summary of Pedestrian Bridge Development Impact Fee Pedestrian Bridge Planning Study Pedestrian Bridge Development Impact Fee Ordinance Exhibit l Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Village 6 December 17, 2002 Pedestrian Bridge Development Impact Fee Report Page 1 /-7 1. Background and Purpose of. Report The Pedestrian Bridge Development Impact Fee Report ("Report") is being prepared at the request of Otay Project, LLC ("Otay Ranch Company"), and McMillin Otay Ranch, LLC ("McMillin"). In connection with developing residential and non-residential property in Village 6, the Otay Ranch Company and McMillin are currently conditioned or will be conditioned through the mapping process to construct two pedestrian bridges, and may seek, with the City of Chula Vista's ("City") concurrence, repayment from other benefiting property owners through a reimbursement district. The enactment of a pedestrian bridge development impact fee is one method of securing a reimbursement process for landowners that construct facilities in excess of their fee obligations. It is the City's intent that Village 6 be annexed into the existing Pedestrian Bridge Development Impact Fee District ("PBDIFD") adopted on January 5, 1999 for Villages 1 and 5 and that the cost of the additional two pedestrian bridges be shared among the various beneficiaries of such bridges. The purpose of the Report is to determifie an appropriate pedestrian bridge development impact fee based on the cost of the pedestrian bridges, the area of benefit, the type of land use and its corresponding benefit. The bridges described in this Report are considered an additional facility need of the City arising as a result of new development. Government Code Section 66000 requires that a City establish a reasonable relationship or "nexus" between a development project or class of development projects, and the public improvements for which a development impact fee is charged. To meet the requirements of Government Code 66000, the Report must demonstrate compliance with the following items: [] Identify the purpose of the fee; Identify the use to which the fee will be put; Determine how there is a reasonable relationship between the fee's use and the type of development project on which the fee is imposed (i.e., a "type" nexus); and Determine how there is a reasonable relationship between the need for the public facility and the type of development project on which the fee is imposed (i.e., a "burden" nexus). In addition, when a city imposes a fee as a condition of development approval, it must determine how there is a reasonable relationship between the amount of the fee and the cost of the public facility or portion of that facility attributable to the development on which the fee is imposed. Government Code Section 66000 also requires that a public agency segregate and account for the fees received separate from the general fund. Additionally, if a public agency has had possession of a developer fee for five years or more and has not committed or expended the funds for a public facility, then the public agency must make Village 6 Pedestrian Bridge Development Impact Fee Report December 17, 2002 Page 2 a fmding describing the continuing need for the fees each fiscal year after the five year period has expired. 2. Description of Pedestrian Bridges and Cost Estimates The pedestrian bridges included within this Report are described as follows: (i) South La Media, (ii) West Olympic Parkway (iii) East Olympic Parkway. The North La Media which is part of the existing PBDIFD has been completed and fully funded. The location of each bridge is depicted on the map attached to this Report as Exhibit 1. Also, included on the map in Exhibit 1 is the Village 6 and Village 1 and 5 pathway systems and its linkage with the pedestrian bridges described in this Report. A summary of the total estimated cost of constructing each bridge remaining to be constructed, including soft cost are summarized as follows: South La West Olympic East Olympic Media Bridge Pk},. Bridge Pk,y. Bridge Hard Cost: Construction Cost $ 974,179 $ 1,062,210 $ 929,500 Approach Ramps 101,467 100,000 100,000 Contingency ~ 25% 268,912 i 290,552 257,375 Total Hard Cost 1,333,026 ' 1,452,762 1,286,875 Soft Cost: Design Cost ~ 15% 199,954 217,914 193,031 Conslraction & Special Inspection Cost ~ 15% 199,954 217,914 193,031 Project Admin. (Audit) ~ 2% 26,661 2%055 25,738 Program Administration ~ 5% 66,651 72,638 64,344 Contingency ~ 10% 49.322 53,752 47~614 Total Soft Cost 542,542 591,274 523,758 Total Hard & Soft Cost $1.875.568 $2.044.035 I $1.810_633 I The hard construction cost estimate for each bridge was prepared by Simon Wong Engineering, and the details of such estimate are described in Exhibit 4. The three bridges will be constructed using cast-in-place reinforced concrete. Aesthetic features include columns and abutments with simulated stone fascia, rectangular colunms with a 2-way taper, walkway accent lighting and concrete stain on exposed concrete surfaces. The South La Media Bridge is planned to be 13 feet wide with a 10 foot wide walkway, a total vertical clearance of 18 feet 6 inches, and 474 feet in length. The West Olympic Parkway Bridge is planned to be 17 feet wide and 450 feet in length. The East Olympic Parkway Bridge is planned to be 17 feet wide with a 15 foot wide walkway, a total vertical clearance of 18 feet 6 inches, and 414 feet in length. A hard cost contingency factor of 25% has been applied to all three bridges. The design cost includes the cost of preparing design-related plans, including the cost associated with checking and reviewing such plans. The construction and special inspection cost includes the City inspection cost and the cost of retaining an outside firm with special experience in bridge inspections. The project administration cost includes the City's cost associated with verifying and auditing bridge expenditures and related documentation. The program administration cost includes the City's cost associated with Village 6 December 17, 2002 Pedestrian Bridge Development Impact Fee Report Page 3 / 7 --/o monitoring and updating this fee program including, but not limited to, tracking building permits and changes in land use, collecting the fee, and revising cost estimates to ensure the adequacy of this fee program. 3. Area of Benefit The Otay Ranch Villages 1 and 5 and Village 6 Sectional Planning Areas ("SPA's") Plan - Parks, Recreation, Open Space, and Trails Master Plan has been designed, in part, to promote the use of transit (bus and light rail), pedestrian and bicycle trials as alternatives to using an automobile to access the village core and to neighboring SPA's which will serve as the commercial hub for Villages land 5 and Village 6. Village 1 and 5 have been developed with a village core and Village 2 is planned to contain village core land use components similar to Village 6. A map depicting the General Development Plan land uses, including the village core of Villages 1 and 5, Village 2 and Village 6 is enclosed in Exhibit 2. Pedestrian trails have also been designed to provide access to schools, parks, residential neighborhoods, and open space within villages, as well as between SPA's. The pedestrian bridges described in this Report are an integral part of the pedestrian trail system for the system to operate as designed. The South La Media Bridge crosses La Media Road about equal distance between Olympic Parkway and Bimh Road. This bridge serves to connect the pedestrian trail system in Village 6 to the planned pedestrian trail system in Village 2. Village 2 is also planned to have its own pedestrian trail system serving its village core, schools, parks, neighborhoods, and open space. Land within Villages 2 and 6 will benefit from the installation of this bridge primarily due to: (i) its location and proximity to the bridge, and (ii) its ease of access to the bridge based on the trail configuration. It is anticipated that one-half of the South La Media Bridge cost will be included in a furore pedestrian bridge development impact fee program to be prepared for Village 2 prior to developing this area. The West Olympic Parkway Bridge crosses Olympic Parkway between Paseo Ranchero and La Media Road and serves to connect the existing pedestrian trail system within Village I to the planned pedestrian trail system within Village 2. Land within Village 1 and Village 2 will benefit from the installation of this bridge primarily due to: (i) its location and proximity to the bridge, and (ii) its ease of access to the bridge based on the trail configuration. It is anticipated that one-half of the West Olympic Parkway Bridge cost will be included in a future pedestrian bridge development impact fee program to be prepared for Village 2 prior to developing this area. The East Olympic Parkway Bridge crosses Olympic Parkway between La Media Road and East Palomar Street and serves to connect the existing pedestrian trail system within Village 5 to the planned pedestrian trail system within Village 6. Land within Village 5 and Village 6 will benefit from the installation of this bridge primarily due to: (i) its location and proximity to the bridge, and (ii) its ease of access to the bridge based on the trail configuration. Village 6 December 17, 2002 Pedestrian Bridge Development Impact Fee Report Page 4 /? A summary of the two pedestrian bridges and the three areas of benefit ("AOB") based on the discussion above are as follows. South La West Olympic East Olympic Media Brid[~e Pky. Bridge Pky. Bridge Village 2 AOB(a) AOB(a) Village 1 and 5 AOB AOB AOB and Villa[~e 6 (a) This Village will be included in a future pedestrian bridge impact fee program to fund ½ of the cost of the applicable bridge. 4. Development within the Area of Benefit The property within the AOB described in this Report is in various stages of the entitlement process. Property within the AOB has development approvals ranging from General Plan Designation to completed homes. An "A" Map allows the transfer of ownership of individual neighborhood areas. A "B" Map functions as a final map and allows property owners to obtain building permits and create individual lots. The current entitlement status and land use for property within the AOB by ownership, is as follows: Otay Ranch Company: )~ Village 1: This area is near completion and consists of 2,790 residential units, with approximately 32 for sale units remaining to be completed and 423 apartment units currently under construction. )~ Village 5: This area is under development and consists of 1,524 residential units, 5.3 acres of community purpose facility and 3.2 acres of parks. Final maps have been recorded for all planning areas which require a final map. Additionally, approximately 790 units have closed escrow. ~ Village 6: This area has an approved SPA plan which essentially serves as a specific plan for the area. This area also has an approved tentative tract map. An "A" Map is anticipated to go to City Council in the near future. The land uses in the tentative tract map consist of 1,353 residential units, 2.95 acres of commercial, 5.3 acres of community purpose facility, 4.3 park acres and a 10.5 acre school. > Village 2: Has General Development Plan approval which is currently in the process of being amended. McMillin: Village 5: The development of this area is near completion and consists o£ 1,474 residential units, 2.8 acres of commercial, 13.5 acres of parks and a 10 acre school site. All but approximately 72 of the 1472 residential units are complete and have been closed to homebuyers. Village 6: This area has an approved SPA plan which serves as a specific plan for the area. This area also has an approved tentative tract map. An "A" Village 6 December 17, 2002 Pedestrian Bridge Development Impact Fee Report Page 5 Map is anticipated to go to City Council in the near future. The land uses in the tentative tract map consist of 694 residential units, 13.1 acres of community purpose facility, and a 37.6 acre school site. The approved tentative tract map land uses for Village 6 for residential dwelling units and non-residential acres and the remaining units to be issued and building permit in Village I and 5 are described in greater detail in Exhibit 3. The land use assumptions in Exhibit 3 will serve as the basis for allocating the benefit of the remaining pedestrian bridges in determining the pedestrian bridge development impact fee in this Report. The residential land uses within Village 1 and 5 and Village 6 will have different degrees of benefit from the installation of the pedestrian bridges. Residential units containing larger square footage will typically hold more people per household than the residential units containing smaller square footage. As such, residential units with a larger number of people per household will inure greater benefit from using the pedestrian trail system and its two bridges than residential units with a smaller number of people per household. The City utilizes people per household factors ("PPHF") in determining the amount of parkland dedication required by new development projects pursuant to City Ordinance, Chapter 17.10, as modified and approved on November 12, 2002. The PPHF used in Chapter 17.10 can serve as a reasonable method of allocating the bridge benefit to different residential uses. Chapter 17.10.040 applies PPHF to the following residential uses: I Single Family Detached ("SFD") I Multi Family {"MF") 3.52 people per household I 2.61 people per household For purposes of clarification and the ease of program administration, we have developed the following definitions for the above mentioned residential land use categories: "SFD" means a single residential unit on a single assessor's parcel in within a tract with a density of less than or equal to 8 residential units per acre. "MF" means any residential unit within a tract with a density greater than 8 residential units per acre. For purposes of allocating the bridge benefit to different types of residential uses, the ?PHF's described in the preceding table were used in this Report. The Otay Ranch Company and McMillin have provided, as noted in Exhibit 3, the estimated residential product types anticipated to be developed for each planning area. The non-residential property consisting of mixed use, community purpose facility, schools, and parks is considered to inure insignificant benefit from the installation of the two bridges. A small number of employees related to the mixed use and community purpose facility uses may utilize the pedestrian trail system and its two bridges for fitness and recreation purposes during and after work hours, however the degree of this use and benefit inured to these types of properties is considered immaterial and insignificant. The school and park uses are designed to serve and accommodate the residential users in the villages. These land uses do not generate pedestrian trail users, instead their purpose is to Village 6 Pedestrian Bridge Development Impact Fee Report December 17, 2002 Page 6 serve or accommodate the residential users in the villages. As such, mixed use, community purpose facility, school and park uses within Village 6 are considered exempt from the pedestrian bridge fee obligation described in this Report. 5. Pedestrian Bridge Development Impact Fee Methodology The Steps or methodology used to develop the pedestrian bridge development impact fee applicable to residential units within Village 6 and the remaining residential units to be issued a building permit in Villages 1 and 5 is as follows: Step 1: Determine the total construction cost estimate for each of the remaining bridges. Step 2: Multiply the total construction cost estimate of the West Olympic Parkway Bridge from Step 1 by 50 % to account for costs allocable to Village 2 in connection with an future development impact fee program. Multiply the total construction cost estimate of the South La Media Bridge from Step 1 by 50% to account for costs allocable to Village 2 in connection with a future development impact fee program. Step 3: Determine the amount of available funds from the existing PBDIFR after reserving funds to complete 50% of the West Olympic Parkway Bridge to determine the net cost of the East Olympic Parkway Bridge. Step 4: Subtract from the total construction cost estimate in Step 1 the cost estimate in Step 2 and the available funds from Step 3 to determine for each bridge the net bridge cost estimate allocable to Villages 1 and 5 and Village 6. Step 5: For each bridge and corresponding AOB, determine the total number of people per planning area by multiplying the actual and/or planned residential units within the planning area by the applicable PPHF. Step 6i For each bridge and corresponding AOB, determine the total number of people within the AOB by summing the results of each planning area from Step 5. Step 7: For each bridge and corresponding AOB, determine the bridge cost allocable to a planning area by multiplying the applicable bridge cost in Step 4 by the fraction obtained by dividing the total number of people per planning area as determined in Step 4 by the total number of people within the AOB as determined in Step 6. Step 8: For each bridge and corresponding AOB, determine the applicable bridge cost per residential unit by dividing the bridge cost allocable to the planning area as determined in Step 7 by the actual and/or planned residential units within each planning area. Step 9: For each bridge and corresponding AOB, determine the combined cost of all bridges per residential unit by aggregating the results of Step 8 for all bridges and related AOB. Village 6 December 17, 2002 Pedestrian Bridge Development Impact Fee Report Page 7 /? ,¥¥ Exhibit 3 outlines on a detailed basis the methodology used to calculate the pedestrian bridge development impact fee applicable to residential units within Village 6 and the remaining residential units to be issued a building permit in Villages 1 and 5. 6. Implementation of Pedestrian Bridge Development Impact Fee The City Council may periodically review the adequacy of the pedestrian bridge development impact fee established in this Report and the attached Ordinance. The City Council, by resolution, may adjust the amount of this pedestrian bridge development impact fee, as necessary, to reflect changes in: (i) the Engineering News Record Construction Cost Index, (ii) the cost of the pedestrian bridges, and (iii) the land use assumptions used in this Report. The pedestrian bridge development impact fee is required to be paid upon the issuance of a building permit. A developer may request authorization from the City to construct one or more of the pedestrian bridges. Upon application by a developer to construct a pedestrian bridge, an agreement shall be prepared for City Council action which contains at least the following information and requirements: a) A detailed description of the project, including a preliminary cost estimate; b) The developer shall: (i) prepare plans and specifications for approval by the City, (ii) secure and dedicate any right-of-way required for the project, (iii) secure all required permits, environmental clearances necessary for the construction of the project, (iv) provide performance bonds, and (v) pay all City fees and costs; c) The developer shall advance all necessary funds to construct the project. The City will not be responsible for any construction costs beyond those agreed to in advance by the City; d) The developer shall secure at least three (3) qualified bids for the construction. Any extra work charges during construction shall be justified and documented; e) When all work has been completed to the satisfaction of the City, the developer shall submit verification to the City of payments made for the construction. The City Manager shall make the final determination on expenditures eligible for credit or cash reimbursement; The City shall inspect all construction and verify quantities, in accordance with the City and state code, to ensure the final improvement complies with all applicable standards and is constructed to the satisfaction of the City Engineer; Village 6 December 17, 2002 Pedestrian Bridge Development Impact Fee Report Page 8 / ? g) The developer will receive a credit against the required development impact fees during the issuance of building permits for the proposed development. If the total construction cost amounts to more than the total required development impact fees, the developer will be paid the excess cash when funds are available as determined by the City Manager. The revised ordinance attached herein as Exhibit 5 addresses, among other things, the developer construction of the pedestrian bridge(s), the pedestrian bridge development impact fee, the procedure for waiver or reduction of the development impact fee, and exemptions. With the adoption of the pedestrian bridge development impact fee, the following development impact fees identified in Exhibit 5 would apply. Village 6 December 17, 2002 Pedestrian Bridge Development Impact Fee Report Page 9 VILLAGE 2 HIGH SCHOOL __~NCH PEDESTRIAN BRI.DGES.~ ,,~ OTAY RANCH PEDESTRIAN BRIDGES EXHIBIT 2 PEDESTRIAN BRIDGE DEVELOPMENT FEE IMPACT REPORT MAP OF GENERAL DEVELOPMENT PLAN AND AREA OF BENEFIT AREA OF BENEFIT BOUNDARY~ VILLAGE 5 VILLAGE 1 VILLAGE 6 ' VILLAGE 2 EXHIBIT 3 SUMMARY OF PEDESTRIAN BRIDGE DEVELOPMENT IMPACT FEE PER UNIT Village Five and Six: SFD - Fee per Unit MF - Fee per Unit East South Olympic La Media Parkway Bridge Bridge $415 $367 $308 __ $272 Total L $7831 F ~5801 Date: 12/17/2002 EXHIBIT 3 City of Chula Vista Pedistrian Bridge Cost Estimate South La Media East Olympic West Olympic Bridge Pkwy Bridge Pkwy Bridge Hard Costs: Construction Cost Approach Ramps Mobilization @ 10% Contingency @ 25% Total Hard Costs $885,617 $929,500 $965,645 92,242 100,000 100,000 88,562 0 96,565 266,605 257,375 290,552 1,333,026 1,286,875 1,452,762 Soft Costs: Design Cost @ 15% Construction & Special Inspection Cost @ 15% Project Admin. (Audit) @ 2% Program Admin. @ 5% Contingency @ 10% Total Soft Costs 199,954 193,031 217,914 199,954 193,031 217,914 26,661 25,738 29,055 66,651 64,344 72,638 49,322 47,614 53,752 542,542 523,758 591,274 Total Hard & Soft Cost $1,875,568 $1,810,633 _ $2,044,035 One-Half of Bridge Cost $937,784 (a) $1,022,018 (a) Funds Available for East Olympic Parkway Bridge 981,053 $829,580 Remaining East Olympic Parkway Cost Net Estimated Bridge Funds After Payment for the North La Media Bridge Less: Costs for One-half of West Olympic Pkwy Available funds for East Olympic Parkway $2,003,071 1,022,018 $981,053 (a) Remaining one-half of bridge cost to be funded through future pedestrian bridge fee program for Village 2. Date: 12/17/2002 EXHIBIT 3 CALCULATION OF PEDESTRIAN BRIDGE DEVELOPMENT IMPACT FEE EAST OLYMPIC PARKVVAY BRIDGE Planning Area Total Persons No. of per Persons per Cost per Product Household Household Planning Cost per Type Density Units Acres Factor (1) * (2) Area Unit (1) (2) (4) Village Five: Otay Ranch Company R-30A MF 30.9 R-30B MF 31.0 R-39 SFD 5.8 Sub-total - Otay Ranch Company McMillin Companies R-I-45 MF 25.7 247 8.0 2.61 644.7 67,291 $272 326 10.5 2.61 850.9 88,813 272 86 14.8 3.52 302.7 31,598 367 659 33.3 1,798.3 187,703 72 2.8 2.61 187.9 19,615 272 Village Six: McMillin Companies R-1 SFD 3.9 101 26.2 3.52 R-3 SFD 4.6 163 35.6 3.52 R-4 SFD 4.5 92 20.4 3.52 R-6 SFD 6.2 126 20.4 3.52 R-10 MF 17.5 212 12.1 2.61 CPF-2/3 CPF 44.0 S-1 School 10.0 Sub-total - McMillin Village Six Otay Ranch Company 694 168.7 355.5 $37,109 $367 573.8 59,889 367 323.8 33,803 367 443.5 46,295 367 553.3 57,756 272 2,250.0 234,852 R-2A SFD 7.0 92 13.1 3.52 323.8 33,803 367 R-2B SFD 8.0 106 13.2 3.52 373.1 38,947 367 R-5 MF 10.7 106 10.0 2.61 276.7 28,878 272 R-9A MF 8.5 139 16.4 2.61 362.8 37,868 272 R-9B2 MF 12.2 73 6.0 2.61 190.5 19,888 272 R-9D/7A MF 13.1 141 10.7 2.61 368.0 38,413 272 R-7B MF 14.8 201 13.6 2.61 524.6 54,759 272 R-9B1 MF 24.1 159 6.6 2.61 415.0 43,317 272 R-8 MF 22.9 336 14.7 2.61 877.0 91,538 272 CPF-1 CPF 4.4 P-1 Park 7.7 MU - I Comm. 2.9 Sub-total - Otay Ranch Village Six 1,353 119.3 2,778 324.1 3,711.5 387,410 Grand Total __7,947.6 _ $829,580 Date: 12/17/2002 EXHIBIT 3 CALCULATION OF PEDESTRIAN BRIDGE DEVELOPMENT IMPACT FEE SOUTH LA MEDIA BRIDGE Total Persons No. of per Persons per Planning Product Household Household Area Type Density Units Acres Factor (1) * (2) (1) (2) Cost per Planning Cost per Area Unit (3) Village Five: Otay Ranch Company R-30A MF 30.9 R-30B MF 31.0 R-39 SFD 5.8 Sub-total - Otay Ranch Company McMillin Companies R-I-45 MF 25.7 Village Six: McMillin Companies 247 8.0 2.61 644.7 76,068 $308 326 10.5 2.61 850.9 100,397 308 86 14.8 3.52 302.7 35,720 415 659 33.3 72 2.8 2.61 1,798.3 212,185 187.9 22,174 308 R-1 SFD 3.9 101 26.2 3.52 355.5 $41,950 $415 R-3 SFD 4.6 163 35.6 3.52 573.8 67,701 415 R-4 SFD 4.5 92 20.4 3.52 323.8 38,212 415 R-6 SFD 6.2 126 20.4 3.52 443.5 52,333 415 R-10 MF 17.5 212 12.1 2.61 553.3 65,289 308 CPF-2/3 CPF 44.0 S-1 School 10.0 694 168.7 2,250.0 265,485 Sub-total - McMillin Village Six Otay Ranch Company R-2A SFD 7.0 92 13.1 3.52 323.8 38,212 415 R-2B SFD 8.0 106 13.2 3.52 373.1 44,026 415 R-5 MF 10.7 106 10.0 2.61 276.7 32,645 308 R-9A MF 8.5 139 16.4 2.61 362.8 42,808 308 R-9B2 MF 12.2 73 6.0 2.61 190.5 22,482 308 R-9D/TA MF 13.1 141 10.7 2.61 368.0 43,423 308 R-TB MF 14.8 20t 13.6 2.61 524.6 61,901 308 R-9B1 MF 24.1 159 6.6 2.61 415.0 48,967 308 R-8 MF 22.9 336 14.7 2.61 877.0 103,477 308 CPF-1 CPF 4.4 P-1 Park 7.7 MU - 1 Comm. 2.9 Sub-total - Otay Ranch Village Six 3,711.5 437,941 7,947.6 $937,784 1,353 119.3 2,778 324.1 Grand Total Date: 12/17/2002 EXHIBIT 4 PEDESTRIAN BRIDGE PLANNING STUDY S~udy 9968 ttibert ~vtreet, S~e 202 ~ l)i~g~, CA 92131 SIMON WONG ENGINEERING October 9, 2001 McMillin Companies 2727 Hoover Avenue National City, CA 91950 Attention: SUBJECT: Bob Pletcher OTAY RANCH VILLAGE 6 PEDESTRIAN BRIDGE PLANNING STUDY Dear Mr. Pletcher: Simon Wong Engineering has revised the Otay Ranch Village 6 Pedestrian Bridge Planning Study, as per your request. Included in this study are recommended design features, cost estimates, and elevation views for the following structures: · La Media Road POC #2 · Olympic Parkway POC A cost estimate for the civil portion of the approach trails, located on the east side of the La Media POC #2, was developed with the assistance of Rick Engineering Company and is included in the revised Planning Study. Additional information regarding the lighting on the approach trails and bddge has been included as well. Due to the preliminary nature of the project grading plans, plan views of the structures are not included in the planning study at this time. Revisions to La Media Road POC #2 were performed with updated elevations and estimates included in this planning document. If we can be of further assistance, please call. Andrew N. Sanford, P.E. Simon Wong Engineering Attachments G:\Bddge Division~Job Files~500-300 through 500-399\500-369 Otay Ranch Village 6, SPA Il\Correspondence\Letter McMillin planning study 4.doc 9968 Hibert Street, Suite 202 · San Diego, CA 92131 · (858) 566-3113 · FAX (858) 566-6844 OTAY RANCH VII,I,AGE 6 PLANNING STUDY EXECUTIVE SUMMARY Two bridges are proposed for Otay Ranch Village 6. In order to define the bddge configuration, material types, architectural features, and approximate costs, Simon Wong Engineering has prepared this Planning Study. The results are summarized below: Bridge Geometrics The two bridges are on a tangent alignment, 0° skew, with La Media Road assumed to be 13' wide with a 10' walkway, and Olympic Parkway assumed to be),E~'wide, with a~O~'~/ walkway. The anticipated bridge lengths are as follows: /7~ /3 · La Media Road POC #2 - 474' long · Olympic Parkway POC -~=3' long Structure Type and Estimates In order to maintain uniformity throughout the Otay Ranch Villages, the selected superstructure material type for both structures is Cast-in-Place Reinforced Concrete. This material will match the existing Pedestrian Ovemrossing at La Media Road (LMR1), which is scheduled to finish construction in October 2001. The total project cost for both bridges is as follows: Bridge Olympic La Media Parkway POC #2 Bridge Construction Estimate $874,000 $1,218,000 Approach Trail Construction Estimate N/A $127,000 Construction Total: $874,000 $1,345,000 Add-on Costs $150,000 $150,000 Avera~le cost per lineal foot bridcje ($/LF) $ 2,900 $ 3,154 Design Features A number of design features were included in the costs noted above. These features are intended to match LMR1 and provide uniformity throughout the Villages of Otay Ranch. · Simulated stone fascia on columns and abutments · Rectangular columns with a 2-way taper · Walkway accent lighting · Concrete stain on exposed concrete surfaces Simml Wong ~ Engineering Page 1 OTAY RANCH Vfl,L&GE 6 PLAI~ll~G STUDY OTAY RANCH VILLAGE 6 POC BRIDGE REPORT A. INTRODUCTION Simon Wong Engineering is pleased to present this Planning Study for the Otay Ranch Village 6 Pedestrian Overcrossings. Our scope of work for this phase of the project includes a study of possible bridge matedal types, span arrangements, and alternative aesthetic features. Based upon comments from Bob Pletcher of the McMillin Companies, selected features have been included in this study. There are two Pedestrian Overcrossings (POC) proposed for the Otay Ranch Village 6: · La Media Road POC · Olympic Parkway POC For this study, the Olympic Parkway POC superstructure is comprised of a box girder. The La Media Road POC proposes a system with the walkway located between two extedor girders./'~J~ The Olympic Parkway PO..C/~SSes Olympic Parkway, a Prime Arterial / Ranch Theme street, is located approxiF~ately 200' west of East Palomar Street, and has an , approximate length of..35~. The La Media Road POC is located approximately 200 north of Santa Venetia, and has a total length of approximately 474'. It crosses La Media Road, a Prime Arterial / Ranch Theme street. B. Bridge Geometrics The bridge layouts are based on information provided by P&D Consultants, Rick Engineering Company, and assumed characteristics of adjacent developments. Both bridges are assumed to be on tangent alignments and cross the roadways at a 90° angle (0° skew). It is anticipated that the Olympic Parkway structure will have long pathways leading up to the structure on both sides. At the La Media Road structure, right-of-way and access restrictions required altemate geometrics for the approach path on the West Side of the bridge and resulted in a different structure type for this location. Due to the preliminary nature of the project grading plans, the bridge locations and lengths are approximate. Assumptions have been made for the grading, which may result in an overestimation of the bridge lengths and project costs. Adjustments to the grading at the northem end of the Olympic Parkway POC and the western end of La Media POC will shorten the bridges. The construction of fill embankments, where space is available, is usually less expensive than the building of a bridge structure. The horizontal clearance at each bridge was based on requirements found in the Caltrans Hiqhway Design Manual and the Caltrans Brid.qe Desi.qn Aids Manual. Columns adjacent to the roadway shoulders and within the median will require Metal Beam Guard Railing (MBGR) or equivalent protection for the traveling public. In order to minimize the main span lengths, columns are proposed adjacent to the outside shoulders for both bridges. For the Olympic Parkway POCs, a main span of approximately 132' will provide a clear span over the roadway (See Diagram 1). This is our selected span arrangement for both superstructure types. Simon Wong ~ Engineerin~l OTAY RANCH V~.~.&GE 6 PLANNING STUDY The vertical clearance at each bddge was also based on requirements found in the Caltrans Hi.qhway Design Manual and the Caltrens Bridge Desi,qn Aids Manual. The standard minimum vertical clearance from the traveled way below a freeway or expressway is 16'-6". W~h an assumed posted speed of 45 MPH, La Media Road and Olympic Parkway should both be considered expressways. For pedestrian overcrossings, the standard of practice is to add 2' to the minimum required height for a total vertical clearance in this case of 18'-6' (See Diagram 1). The additional vertical clearance is justified by the higher probability of significant structural damage to the bddge in the event of an impact with an oversized vehicle. The bddge profile grades define the elevation change along the length of the structure and provide for drainage of the walkway surface. The maximum acceptable slope of the walkway surface is 8.33% (or 1' in 12') with landings provided for eve~/30= change in elevation. In addition, a handrail for use by the disabled must be provided where the slope is greater than 5%. For Olympic Parkway, the assumed grading plans do not require a large change in elevation to meet the vertical clearance over the roadway, and therefore can be designed with relatively fiat profiles. In order to minimize the embankment heights and to provide for drainage of the walkway surface, the proposed profile grade includes a maximum of 2%% slope on either side of the main bridge span and a parabolic curve transition between. At La Media Road, a ramp system is proposed for the West Side of the structure with a maximum grade of 8.333% with intermediate landings to accommodate access to the structure. Determination of the walkway width for a pedestrian overcrossing requires a site-specific analysis. The width is not mandated by code except as required for disabled accessibility. However, the standard of practice is to provide a minimum dear width of 8' for all overcrossing structures. LMR1 has a clear walkway width of 15'. For the two bddges included in this planning study, cost estimates are provided for 10' clear walkway widths for both Olympic Parkway and La Media Road. Simo~ Wo~g ~ Engineering Page 3 OTAY RANCH VILLAGE ~ PLANNING STUDY In summary for the two structures, the following assumptions were made: · Tangent alignment with 0° skew · Main span of 132' maximum over roadway · Minimum 18'-6" vertical ciearanca · Maximum 2%% profile grade without landings (Olympic Parkway POC) · Maximum 8.333% profile grade with Landings (La Media POC) · Walkway widths of 10'-0' C. Superstructure Type The most important type selection decision for a bridge project is the superstructure material type and configuration. It is also the decision that will define the character of the bridge. There are many possible material types and construction methods available for this project. The following table is a list of some optional types: PEDESTRIAN OVERCROSSING STRUCTURE TYPES TYPE COST COMMENTS $/SF Concrete 70-140 Details and form work simplest of any type. Best Slab for short spans less than 60' for POCs. Concrete 80-140 More complicated form work but economical for T-Beam spans of 50' - 80' for POCs. Concrete 90-165 Best suited for spans of 50' - 120'. Clean lines Box Girder and good appearance. Usually more economical than steel or precast concrete girders. Post- 100-180 Similar to non-post-tensioned option but can be Tension used for spans up to 600'. Box Girder Precast 110-190 Good for areas where falsework is difrmuit to I-Girders place for widenings with Iow vertical clearance. Span range from 50'-120'. Steel 120-220 Similar to precast I-Girdere for use, but initial cost Girder is generally higher and requires periodic painting. Steel 120-500 Prefabricated bddges available for POCs. Tress Optional self-weathering finish has 'rural' appearance and does not require periodic painting. Falsework not required for installation. Timber 120-500 Glu-lam members allow for longer span and Truss economical structures. Can achieve "rural' look. Based on previous comments by McMillin Companies, the selected superstructure type for Olympic Parkway POC is the cast-in-place reinforced concrete box girder. It may be necessary to post-tension the box girder for the span length necessary at Olympic Parkway. At La Media Road POC, accessibility constraints lend themselves to an alternate superstructure type. This superstructure is also cast-in-place, but utilizes a center walkway supported on either side by exterior girders. At the supports Olympic Parkway is supported on single-column bents while La Media Road requires two columns per bent. s .o. wo. Engineering P~e4 OTAY RANCH VILLAGE 6 PLANNING STUDY The matedal type and superstructure configurations for Olympic Parkway matches LMRI. The La Media Road structure will appear different due to the alternate superstructure type. However coloration and use of the rock fascia on the column will remain consistent throughout all of the structures and will provide uniformity throughout the Villages of Otay Ranch. The concrete bddge type is typically the lowest in initial cost, has a design life span of over 75 years, and is relatively Iow in maintenance costs. Concrete can be colored or stained to achieve a weathered look or to meet other aesthetic goals. Architectural treatment can also be added to the vertical faces. The walkway surface for the two structures is a concrete deck. Examples of concrete pedestrian overcrossings are shown in Figures 1, 2, and 3. Leucadia Boulevard POC Figure l Calle Barcelona POC Figure 2 La Media Road POC #1 Figure 3 Simon Wong Engineering Page 5 OTAY RANCB VILLAGE 6 PLANNING STUDY Cost estimates for the bddges are as follows: OTAY RANCH PEDESTRIAN OVERCROSSING BRIDGE PLANNING STUDY Bridge Olympic La Media Parkway POC ~q2 Bridge Construction Estimate $874,000 $1,218,000 Approach Trail Construction Estimate N/A $127,000 Construction Total: $ 874,000 $1,345,000 Add-on Costs $150,000 $150,000 Avera~le cost per lineal foot brid~le ($/LF) $ 2,900 $ 3,154 Individual General Plan Estimates are included in Appendix A and include a 25% contingency. Costs for the approach trails located on the eastside of the La Media Road structure have been included in the cost estimate and take into account necessary walls, railings, and lighting that is anticipated. The add-on costs have been estimated at approximately $150,000 each and include bridge design, construction engineering, and inspection. The actual add-on costs will be based on the final bddge type selection and an approved consultant's cost proposal. Agency review and permit fees are not included in the cost estimates. Although shallow spread footings were used for LMR1, deep foundations are assumed for all options in Village 6. Further refinement of the foundation system estimate will proceed after detailed field investigations of the subsurface conditions are completed. The foundations make up approximately 20% of the total bddge construction cost. D. Column Type The selected column type for the two bridges is a rectangular column with a 2-way taper and a rock fascia. This column type was used on LMR1. Single column bents are proposed for Olympic Parkway, while two columns per bent are recommended for La Media Road. The cost estimates from Section C include the column type mentioned above with the rock fascia. E. Bridge Railing and Lighting The general requirements for the bridge handrailing are based on the Caltrans Highway Design Manual and Bridge Design Aids Manual. Railings are necessary to prevent pedestrians and bicyclists from accidentally failing from the structure. In the case of overorossings, protective railing is necessary to prevent objects from being thrown, dropped or discharged onto the roadway below. While it is not possible to completely eliminate this serious problem, installing a protective mesh on the portions of the bridge over the roadway can significantly reduce the dsk. A vinyl coated wire mesh with 1" maximum size openings and an overall height of approximately 8' has been adopted by Caltrans as the standard for this situation. Wire mesh altematives include vinyl coated steel chain-link and vinyl coated crimped wire mesh. Simofl WOllg Engineering Page 6 OTAY RANCH V~,L&GE 6 PLANNING STUDY The minimum railing height assumed for these two structures is as follows: · For bicycle and pedestrian railings: 4'-6" · Over roadways: 8'-0" with protective screening The selected bddge railing is similar to that on LMR1. This metal railing will be colored to match existing railing found throughout the Otay Ranch Villages. The bddge lighting options are anticipated to be similar to those on LMR1 and include walkway lighting along the approach trails and on the bddge, along with soffi lighting to provide light underneath the bddge. Walkway lights are similar to streetlights but on a reduced scale. Sofl'~ and walkway lighting, similar to LMR1, is recommended with the Soff~ lights mounted flush with the bottom of the structure. Final decision of the style and location of the lighting will take place during the design of the bddge. Maintenance of the lights consisting of replacing light bulbs will require the use of a ladder for the walkway lights on the approach trails and bddge. While replacement of the soffit mounted lights will require a lift, and a temporary lane closure to assure safety of the maintenance workers. Bddge walkway surface lighting costs are generally between $75 - $170 per lineal foot of bddge, with a project total of approximately $112,000 for the bddge portion of this project. Page 7 OTAY RANCH VILLAGE 6 PLANNING STUDY APPENDIX A PLANNING STUDY ESTIMATES OTAY RANCH VILLAGE 6 PLANNING STUDY OTAY RANCH VILLAGE 6 PEDESTRIAN OVER(~ROSSING PLANNING STI~DY Bridge ' Olymip~ La Media ~arlo~y POC#2 Bridge Construction Estimate $~,74/000 $1,218,000 Approach Trail Estimate]~lfA $127,000 Construction Total: $8~000 $1,345,0000 Add-on Costs $~50,1~00 $150,000 Average cost per lineal foot bdd~le ($/LF) /$2,901~, $3,154 Total Project: ~1,024,0~0 $1,495,000 Individual General Plan Estimates are included in Appendix A a~o include a 25% contingency. The add-on costs have been estimated at approxi~nately $150,000 for each bridge, and include bridge design, construction engineering, and inspection. The actual add-on costs w.,ill be based on the final b~'idge type selection and an approved consultant s cost proposal. Agency~ review and permit fees are not included in the cost estimator. PLANNING STUDY ESTIMATE ENGINEER: REVIEWED BY: STRUCTURE: A. SANFORD COMPANY: DATE: OLYMPIC PARKWAy PEDESTRIAN OVER CROSSING SIMON WONG ENGINEERING ~./24/01 LENGTH: 353'-0' WIDTH: 12'-0' DECK AREA (SF): 3530 ITEM NO, ~ CONTRACT ITEMS I UNiT ~ QUANTITY ~ PRICE ~ AMOUNT I ;TRUCTURE EXCAVATION (BRIDGE) CY 290 $55.00 $15,950.00 2 ;TRUCTURE BACKFILL (BRIDGE) CY 154 $50.00 $7,700,00 3 ;TRUCTURAL CONCRETE, BRIDGE CY 316 $550.00 $173,800.00 4 ;TRUCTURAL CONCRETE, BRIDGE FOOTING CY 103 $375.00 $38,625.00 5 ~AR REINFORCING STEEL (BRIDGE) LB 118,000 $0.75 $88,500.00 6 METAL BRIDGE RAILING 4'-6' LF 486 $100.00 $48,600.00 7 METAL BRIDGE RAILING 8'-0' LF 272 $165.00 $44,880.00 8 OINT SEALS LF 34 $50.00 $1,700.00 9 ARCHITECTURAL TREATMENT SF 1237 $20.00 $24,740,00 10 ;TAIN CONCRETE SF 9451 $2.00 $18,902.00 11 PILES DRIVE (CLASS 70C) EA 46 $2,000.00 $92,000.00 12 PIL~ES FURNISH (CLASS 70C) LF 14E,0 $20.00 $29,600.00 13 IRIDGE LIGHTING LS I $50,000.00 $50,000.00 SUBTOTAL $634,997.00 MOBILIZATION (10%) $63,499.70 SUBTOTAL $698,496.70 CONTINGENCIES (25%) $174,624.18 TOTAL $873,120.88 FOR BUDGET PURPOSE USE $874,000.00 SQ FT COST 197.87 COMMENTS: Pile foundations assume with depth of piles and number of piles estimated. Actual foundation will be detan~ined during design once Soils Report has been provided. Ir,~udes onty bridge items of ~,axk, Site grading, Bridge embankment construction and metal beam guardrall not Inciuded in this estimate. Legend: CY -Cubic Ya~s EA- Each LB - Pounds LF - Linear Feet ENGINEER: REVIEWED BY: STRUCTURE: PLANNING STUDY ESTIMATE (BRIDGE ITEMS) A. SANFORD COMPANY: SIMON WONG ENGINEERING DATE: 4/19/01 LA MEDIA ROAD PEDESTRIAN OVER CROSSING 474'.0' WIDTH: 10'*0' DECK AREA (SE): 4740 iTEM NO. CONTRACT ITEMS UNIT I QUANTITY ~ PRICE AMOUNT i STRUCTURE EXCAVATION (BRIDGE) CY 265 $55.00 $14,575.00 2 STRUCTURE BACKFILL (BRIDGE) CY 150 $45.00 $6,750.00 3 STRUCTURE EXCAVATION (RET WALL) CY 67 $40.00 $2,680.00 4 STRUCTURE BACKFILL (RET WALL) CY 64 $4.5.00 $2,880.00 ~ 5 STRUCTURAL CONCRETE, BRIDGE CY 387 $650.00 $251,550.00 6 STRUCTURAL CONCRETE, BRIDGE FOOTING CY lt6 $375.00 $43,500.00 7 ;TRUCTURAL CONCRETE, RET WALL CY 21 $350.00 $7,350.00 8 ~TRUCTURAL CONCRETE, RET WALL FOOTING CY 23 $250.00 $5,750.00 9 AR REINFORCING STEEL (BRIDGE) LB 137,920 $0.70 $96,544.00 10 AR REINFORCING STEEL (RET WALL) LB 3,300 $0.70 $2,310.00 11 blETAL BRIDGE RAILING (4'-6') LF 224 $110.00 $24,640.00 12 METAL BRIDGE RAILING ( 1'-6") LF 416 $70.00 $29,120.00 13 METAL WALL RAIMNG (4'-6') LF 150 $110.00 $16,500,00 14 JOINT SEALS LF 32 SBO.O0 $1,600.0( 15 ARCHITECTURAL TREATMENT SF 3100 $20.00 $62,000.00 16 STAIN CONCRETE SF 9034 $2.00 $18,068.00 17 PILES DRIVE (CLASS 70C) EA 88 $2,000.00 $176,000.00 18 PILES FURNISH (CLASS 70C) LF 2690 $20.00 $53,800.00 19 IRIDGE LIGHTING LS 1 $62,000.00 $62,000.00 20 MINOR CONRETE (RAMPS) LS 1 $8,000.00 $8,000.00 SUBTOTAL $885,617,00; MOBiLIZATiON (10~) $88,561.70 SUBTOTAL $974,178.70 CONTINGENCIES (25%) $243,544.68 TOTAL $1,217,723.38 FOR BUDGET PURPOSE USE $1,218,000.00 PLANNING STUDY ESTIMATE (CIVIL ITEMS) ENGINEER: REVIEWED BY: STRUCTURE: A. SANFORD COMPANY: DATE: LA MEDIA ROAD PEDESTRIAN OVER CROSSING SIMON WONG ENGINEERING 10/4/01 LENGTH: WIDTH: 10'-O" DECK AREA (SF): iTEM NO. CONTRACT ITEMS ~ UNIT ~ QUANTITY ~ PRICE AMOUNT 21 4' PCC SIDEWALK SF 1960 $4.00 $7,840.00 22 POST & RAIL FENCE LF 580 $17.40 $10,092,00 23 RETAINING WALL O' - 5' SF 450 $35.00 $15,750.00 24 3ROWDITCH LF 580 $20,OO $11,600.00 25 PEDESTRIAN LIGHTS EA 7 $5,0OO.OO $35,000.00 26 SUBGRADE PREPARATION SF 3600 $1.50 $5,4OO.00 27 )RAINAGE GRATE - CI (NEENAH R-2525-A) EA 2 $500.00 $1,000.00 28 NEIGHBORHOOD TRAIL MIN 6' D.G. AND REDWOOD HEADERS SF 24-00 $2,15 $5.160.00 29 8' PVC PiPE LF 40 $10.00 $400.00 SUBTOTAL $92,242.00 MOBILIZATION (10°/o) $9.224.20 SUBTOTAL $101,466.20 CONTINGENCIES (25%) $25,366.55 TOTAL $126,832.75 FOR BUDGET PURPOSE USE $127,000.00 COMMENTS: The Civil items were based on the following assumptions: 1. Pedestrian pathway lighting is similar to La Media Road and East Palomar. 2. Sidewalk/path is natural colored concrete 3. Drainage grate has locking lid 4. Retaining wall footing will be buried 1foot 5. Portion of parkway shall be graded at 5:1 on Santa Venetia to accommodate pathway transition 6. Natural / Native soil shall be on either side of walk 7. Grading shall be done with McMillin Otay Ranch Village 6 Grading 8. No electrical or landscape irrigation is included. 9. Neighborhood trail cross-section is same as one used for McMillin Otay Ranch Spa 1 Phase 1 10. Civil estimate is for eastside of bridge only Legend: SF -Square Foot EA- Each LB - pffJnds LF - Unear Feet OLYMPIC PARKWAY WEST PEDE~'RJAN OVERCRO$SING r LF 967 111~.~0 $Itt~5 ~ Fl' 1 649 $20.00 EXHIBIT 5 Pedestrian Bridge Development Impact Fee Ordinance (To be Attached) ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF CHULA VISTA AMENDING THE OTAY RANCH VILLAGE 1 AND 5 PEDESTRIAN BRIDGE DEVELOPMENT IMPACT FEE TO INCLUDE VILLAGE 6 TO PAY FOR PEDESTRIAN BRIDGE IMPROVEMENTS AS A CONDITION OF ISSUANCE OF BUILDING PERMITS WHEREAS, the City's General Plan Land Use and Public Facilities Elements require that adequate public facilities be available to accommodate increased population created by new development; and WHEREAS, the City Council has determined that new development within certain areas within the City of Chula Vista as identified in this ordinance, will create adverse impacts on certain existing public facilities which must be mitigated by the financing and construction of those facilities identified in this ordinance; and WHEREAS, developers of land within the City are required to mitigate the burden created by their development by the construction or improvement of those facilities needed to provide service to their respective developments or by the payment of a fee to finance their portion of the total cost of such facilities; and WHEREAS, development within the City contributes to the cumulative burden on pedestrian facilities in direct relationship to the amount of population generated by the development or the gross acreage of the commercial or industrial land in the development; and WHEREAS, the goal of the Otay Ranch General Development Plan is to organize land uses based upon a village concept to produce a cohesive, pedestrian friendly community, encourage non vehicular trips and foster interaction amongst residents; and WHEREAS, a component of the Otay Ranch circulation system is a comprehensive trail system to provide for non-vehicular alternative modes of transportation; and WHEREAS, the Otay Ranch GDP requires a non-auto circulation system, such as pedestrian walkways and bike paths, shall be provided between villages. And, where appropriate and feasible, a grade separated arterial crossing should be provided to encourage pedestrian activity between villages; and WHEREAS, the City Council adopted the Otay Ranch Village 1 and 5 Pedestrian Bridge Development Impact Fee ("Impact Fee") by Ordinance 2767 in order to pay for pedestrian bridge facilities that will serve Otay Ranch Villages 1, 5 and 6; and Ordinance Page 2 WHEREAS, the Sectional Planning Area Plan for Otay Ranch Village 6 identifies two potential pedestrian bridges on its Trails Plan; including one pedestrian bridge that is partially funded by the original Otay Ranch Village 1 and 5 Pedestrian Bridge Development Impact Fee; and WHEREAS, the Conditions of Approval for Otay Ranch Village 6 tentative maps require that a funding mechanism be established to pay for one-half of each of the two Village 6 bridges; and WHEREAS, pedestrian facilities have been built, or are proposed to be built, that will directly connect Villages 1, 5 and 6, including a continuous Village Pathway and cartpath system. The pedestrian facilities cross major streets and their use would be encouraged and facilitated by the provision of over-crossings of these major streets; and WHEREAS, the completion of the pedestrian bridges in Village 6 that will complete the linkage of the pedestrian facilities in Village 1, 5 and 6, serving to enhance overall pedestrian access in and among these Villages would be facilitated by including the funding for the construction of the bridges required by the Village 6 tentative maps in the current Impact Fee program by: 1) amending the per unit fees payable at issuance of a building permit; 2) revising the facilities to be financed by the Impact Fee; and 3) revising the territory to which the Impact Fee is applicable to include Village 6; and WHEREAS, the original Pedestrian Bridge Development Ordinance used the persons per dwelling unit rates established in Section 17.10.040 of the Chula Vista Municipal Code for the various residential land use categories in deriving the Equivalent Dwelling Unit ratio upon which the Impact Fee is based; and WHEREAS, the persons per dwelling unit rates for Parkland Dedication in Sec. 17.10.040 were modified by Ordinance No. 2886. The rates for single family went from 3.22 persons per unit to 3.52 persons per unit and the multiple-family rates went from 2.21 persons per dwelling units to 2.61 persons per unit. The attached, cluster housing or planned unit development and the duplex categories were deleted from Sec 17.10.040; and WHEREAS, Otay Ranch, Villages 1, 5 and 6 is that area of land within the City of Chula Vista surrounded by Telegraph Canyon Road, Otay Lakes Road, Heritage Road, Olympic Parkway, La Media Road Birch Road and SR-125. This area is shown on the map marked Exhibit "2," and included as an attachment to the City of Chula Vista Pedestrian Bridge Development Impact Fee Report, dated November 6, 1998, and the updated Pedestrian Bridge Development Impact Fee Report dated December 17, 2002 on file in the Office of the City Engineer; and WHEREAS, City Engineering Staff has approved the City of Chula Vista Pedestrian Bridge Development Impact Fee Report dated November 6, 1998; and the updated Pedestrian Bridge Development Impact Fee Report, dated December 17, 2002 ("Report"); and Ordinance Page 3 WHEREAS, said Report, recommends pedestrian over-crossing facilities needed for pedestrian access, and establishes a fee payable by persons obtaining building permits for developments within Otay Ranch Villages 1, 5 and 6 benefiting from the construction of these facilities; and WHEREAS, a series of meetings have been held with the owners and developers of properties located within Otay Ranch Villages 1, 5 and 6 to discuss the Report and city staff recommendations establishing the Otay Ranch Village 1, 5 and 6 Pedestrian Bridge Development Impact Fee; and WHEREAS, the Environmental Impact Reports 95-01 and 98-01 adequately addressed the issue of pedestrian safety and design features of the pedestrian bridges; and WHEREAS, on, December 17, 2002 a Public Heating was held before the City Council to provide an opportunity for interested persons to be heard on the approval of the Report and establishment of the Impact Fee; and WHEREAS, the City Council determined, based upon the evidence presented at the Public Hearing, including, but not limited to, the Report and other information received by the City Council in the course of its business, that imposition of the Impact Fee on all developments within Otay Ranch Villages 1, 5 and 6 in the City of Chula Vista is necessary in order to protect the public safety and welfare and to ensure effective implementation of the City's General Plan; and WHEREAS, the City Council has determined that the amount of the Impact Fee levied by this ordinance does not exceed the estimated cost of providing the public facilities identified by the Report. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS FOLLOWS: SECTION l. Environmental Review The Environmental Impact Reports 95-01 and 98-01 adequately addressed environmental concerns associated with the construction of pedestrian facilities. SECTION 2. Approval of Report The City Council has reviewed the proposed Pedestrian Bridge Development Impact Fee Report dated December 17, 2002 and has adopted the same, by Resolution No.2002- , in the form on file in the Office of the City Clerk. SECTION 3. "Facilities" Ordinance Page 4 The facilities to be financed by the Impact Fee are fully described in the Pedestrian Bridge Development Impact Fee Report and incorporated herein by this reference, ("Facilities"), all of which Facilities may be modified by the City Council from time to time by resolution. The locations at which the Facilities will be constructed are shown on Exhibit "1 ," of the approved City of Chula Vista Pedestrian Bridge Development Impact Fee Report, which is included in the Report. The City Council may modify or amend the list of projects herein considered to be part of the Facilities by written resolution in order to maintain compliance with the City's Capital Improvement Program or to reflect changes in land development and estimated and actual pedestrian generation. SECTION 4. Territory to Which Fee Is Applicable The area of the City of Chula Vista to which the Impact Fee herein established shall be applicable is set forth on Exhibit "2" of the Report and is generally described herein as the "Territory." SECTION 5. Purpose The purpose of this ordinance is to establish the Impact Fee in order to provide the necessary financing to construct the Facilities within the areas shown in Exhibit "2" of the Report, in accordance with the City's General Plan. SECTION 6. Establishment of Fee The Impact Fee, to be based on a per Equivalent Dwelling Unit ("EDU") basis, and payable prior to the issuance of building permits for residential development projects within the Territory, is hereby established to pay for the Facilities. SECTION 7. Due on Issuance of Building Permit The Impact Fee shall be paid in cash upon the issuance of a residential building permit. Early payment is not permitted. No building permit shall be issued for residential development projects subject to this Ordinance unless the developer has paid the Impact Fee imposed by this Ordinance. SECTION 8. Determination of Equivalent Dwelling Units Residential land uses shall be converted to Equivalent Dwelling Units on the basis of persons per dwelling unit for the purpose of this fee based on the following table: EDU by Land Use Land Use Persons per dwelling unit EDUs Single Family ("SF") 3.52 I Ordinance Page 5 Multi Family ("MF") 2.61 0.74 "Single Family" shall mean a residential unit within a subdivision, planning area or neighborhood with a net density of 8 units per acre or less as shown on the approved tentative map for said subdivision, planning area or neighborhood. "Multi-Family" shall mean a residential unit within a subdivision, planning area or neighborhood with a net density of greater than 8 units per acre as shown on the approved tentative map for said subdivision, planning area or neighborhood. SECTION 9. Time to Determine Amount Due; Advance Payment Prohibited. The Impact Fee for each development shall be calculated at the time of building permit issuance and shall be the amount as indicated at that time and not when the tentative map or final map was granted or applied for, or when the building permit plan check was conducted, or when application was made for the building permit. SECTION ! 0. Purpose and Use of Fee The purpose of the Impact Fee is to pay for the planning, design, construction and/or financing (including the cost of interest and other financing costs as appropriate) of the Facilities, or reimbursement to the City or, at the discretion of the City if approved in advance in writing, to other third parties for advancing costs actually incurred for planning, designing, constructing, or financing the Facilities. Any use of the Impact Fee shall receive the advance consent of the City Council and be used in a manner consistent with the purpose of the Impact Fee. SECTION 11. Amount of Fee; Amendment to the Master Fee Schedule The initial Impact Fee shall be calculated at the rate of $783 per EDU. Chapter XVI, Other Fees, of the Master Fee Schedule is hereby amended to add Section E, which shall read as follows: "E." Otay Ranch Village 1, 5 and 6 Pedestrian Bridge Development Impact Fee. This section is intended to memorialize the key provisions of Ordinance No. but said ordinance governs over the provisions of the Master Fee Schedule. For example, in the event of a conflict in interpretation between the Master Fee Schedule and this ordinance, or in the event that there are additional rules applicable to the imposition of the Impact Fee, the language of this ordinance governs. a. Territory to which Fee Applicable. The area of the City of Chula Vista to which the Impact Fee herein established shall be applicable is set forth in Exhibit "2" of the City of Chula Vista Pedestrian Bridge Ordinance Page 6 Development Impact Fee Report dated December 17, 2002, and is generally described as the area surrounded by Telegraph Canyon Road, Otay Lakes Road, Heritage Road, Olympic Parkway, La Media Road, Birch Road and SR-125, b. Rate per Residential Land Use and Fee The Impact Fee shall be calculated at the rate of $605 per EDU and translated into a fee per land use based on the EDU factors given below, which rate shall be adjusted from time to time by the City Council. Residential Land use EDU's Single Family ("SF") 1 Multi Family("MF") 0.74 Fee $783 $580 c. When Payable. The Impact Fee shall be paid in cash not later than immediately prior to the issuance of a building permit. The City Council shall review the amount of the Impact Fee annually or from time to time. The City Council may, at such reviews, adjust the amount of this Impact Fee as necessary to assure construction and operation of the Facilities. The reasons for which adjustments may be made include, but are not limited to, the following: changes in the costs of the Facilities as may be reflected by such index as the Council deems appropriate, such as the Engineering-News Record Construction Cost Index (ENR-CCI); changes in the type, size, location or cost of the Facilities to be financed by the Impact Fee; changes in land use in the City's General Plan; other sound engineering, financing and planning information. Adjustments to the above Impact Fee may be made by resolution amending the Master Fee Schedule. SECTION 12. Authority for Accounting and Expenditures. The proceeds collected from the imposition of the Impact Fee shall be deposited into a public facility financing fund ("Otay Ranch Village 1, 5 and 6 Pedestrian Bridge Development Impact Fee Fund," or alternatively herein "Fund") which is hereby created and shall be expended only for the purposes set forth in this ordinance, The Director of Finance is authorized to establish various accounts within the Fund for the Facilities identified in this ordinance and to periodically make expenditures from the Fund for the purposes set forth herein in accordance with the facilities phasing plan or capital improvement plan adopted by the City Council. SECTION 13. Findings. The City Council hereby finds the following: Ordinance Page 7 The establishment of the Impact Fee is necessary to protect the public safety and welfare and to ensure the effective implementation of the City's General Plan. B The Impact Fee is necessary to ensure that funds will be available for the construction of the Facilities concurrent with the need for these Facilities and to ensure certainty in the capital facilities budgeting for growth impacted public facilities. The amount of the fee levied by this ordinance does not exceed the estimated cost of providing the Facilities for which the fee is collected. New development projects within the Territory will generate a significant amount of pedestrian traffic that current pedestrian facilities cannot service, therefore construction of the Facilities will be needed to service new development projects. That the legislative finding and determination set forth in Ordinance 2767 continue to be true and correct. SECTION 14. Impact Fee Additional to other Fees and Charges. The Impact Fee established by this section is in addition to the requirements imposed by other City laws, policies or regulations relating to the construction or the financing of the construction of public improvements within subdivisions or developments. SECTION 15. Mandatory Construction of a Portion of the Facilities; Duty to Tender Reimbursement Offer. Whenever a developer is required as a condition of approval of a development permit to construct or cause the construction of the Facilities or a portion thereof, the City may require the developer to install the Facilities according to design specifications approved by the City and in the size or capacity necessary to accommodate estimated pedestrian traffic as indicated in the Report and subsequent amendments. If such a requirement is imposed, the City shall offer, at the City's option, to reimburse the developer from the Fund either in cash or over time as Fees are collected, or give a credit against the Impact Fee levied by this ordinance or some combination thereof, in the amount of the costs incurred by the developer that exceeds their contribution to such Facilities as required by this ordinance, for the design and construction of the Facility not to exceed the estimated cost of that particular Facility as included in the calculation and updating of the Impact Fee. The City may update the Impact Fee calculation, as City deems appropriate prior to making such offer. This duty to offer to give credit or reimbursement shall be independent of the developer's obligation to pay the Impact Fee. SECTION 16. Voluntary Construction of a Portion of the Facilities; Duty of City to Tender Reimbursement Offer. Ordinance Page 8 If a developer is willing and agrees in writing to design and construct a portion of the Facilities in conjunction with the prosecution of a development project within the Territory, the City may, as part of a written agreement, reimburse the developer from the Fund either in cash or over time as Fees are collected, or give a credit against the Impact Fee levied by this ordinance or some combination thereof, in the amount of the costs incurred by the developer that exceeds their contribution to such Facilities as required by this ordinance, for the design and construction of the Facility not to exceed the estimated cost of that particular Facility as included in the calculation and updating of the Impact Fee and in an amount agreed to in advance of their expenditure in writing by the City. The City may update the Impact Fee calculation, as City deems appropriate prior to making such offer. This duty to extend credits or offer reimbursement shall be independent of the developer's obligation to pay the Impact Fee. SECTION 17. Procedure for Entitlement to Reimbursement Offer. The City's duty to extend a reimbursement offer to a developer pursuant to Section 15 or 16 above shall be conditioned on the developer complying with the terms and conditions of this section: Written authorization shall be requested by the developer from the City and issued by the City Council by written resolution before developer may incur any costs eligible for reimbursement relating to the construction of the Facilities, excluding any work attributable to a specific subdivision project. The request for authorization shall contain the following information, and the City may from time to time request such other information as: (1) Detailed descriptions of the work to be conducted by the developer with the preliminary cost estimate. If the Council grants authorization, it shall be by written agreement with the Developer, and on the following conditions among such other conditions as the Council may from time to time impose: Developer shall prepare all plans and specifications and submit same to the City for approval; (2) Developer shall secure and dedicate any right-of-way required for the improvement work; (3) Developer shall secure all required permits and environmental clearances necessary for construction of the improvements; (4) Developer shall provide performance bonds in a form and amount, and with a surety satisfactory to the City; Ordinance Page 9 (5) (6) (7) (8) (9) (lO) (11) (12) Developer shall pay all City fees and costs. The City shall be held harmless and indemnified, and upon demand by the City, defended by the developer for any of the costs and liabilities associated with the improvements. The developer shall advance all necessary funds for the improvements, including design and construction. The City will not be responsible for any of the costs of constructing the facilities. The developer shall secure at least three (3) qualified bids for work to be done. The construction contract shall be granted to the lowest qualified bidder. Any claims for additional payment for extra work or charges during construction shall be justified and shall be documented to the satisfaction of the Director of Public Works. The developer shall provide a detailed cost estimate, which itemizes those costs of the construction attributable to the improvements. Soils Engineering shall be limited to 7.5 percent of the project cost, Civil Engineering shall be limited to 7.5 percent of the hard cost and landscape architecture shall be limited to 2 percent of the landscaping cost. The estimate is preliminary and subject to final determination by the Director of Public Works upon completion of the Public Facility Project. The agreement may provide that upon determination of satisfactory incremental completion of the public facility project, as approved and certified by the Director of Public Works, the City may pay the developer progress payments in an amount not to exceed 75 percent of the estimated cost of the construction completed to the time of the progress payment but shall provide in such case for the retention of 25 percent of such costs until issuance by the City of a Notice of Completion. The agreement may provide that any funds owed to the developer as reimbursements may be applied to the developer's obligations to pay the impact Fee for building permits to be applied for in the future. When all work has been completed to the satisfaction of the City, the developer shall submit verification of payments made for the construction of the project to the City. The Director of Public Works shall make the final determination on expenditures, which are eligible for reimbursement. Ordinance Page 10 (13) After final determination of expenditures eligible for reimbursement has been made by the Public Works Director, the parties may agree to offset the developer's duty to pay Impact Fees required by this ordinance against the City's duty to reimburse the developer. (14) After offset, if any funds are due the developer under this section, the City may at its option, reimburse the developer from the Fund either in cash or over time as Fees are collected, or give a credit against the Impact Fee levied by this ordinance or some combination thereof, in the amount of the costs incurred by the developer that exceeds their required contribution to such Facilities as required by this ordinance, for the design and construction of the Facility not to exceed the estimated cost of that particular Facility as included in the calculation and updating of the Impact Fee and in an amount agreed to in advance of their expenditure in writing by the City. (15) A developer may transfer a credit against the Impact Fee to another developer with the written approval of the Director of Public Works in the Director's sole discretion. SECTION 18. Procedure for Fee Modification. Any developer who, because of the nature or type of uses proposed for a development project, contends that application of the Impact Fee imposed by this ordinance is unconstitutional or unrelated to mitigation of the burdens of the development, may apply to the City Council for a waiver or modification of the Impact Fee or the manner in which it is calculated. The application shall be made in writing and filed with the City Clerk not later than ten days after notice is given of the public hearing on the development permit application for the project, or if no development permit is required, at the time of the filing of the building permit application. The application shall state in detail the factual basis for the claim of waiver or modification, and shall provide an engineering and accounting report showing the overall impact on the DIF and the ability of the City to complete construction of the Facilities by making the modification requested by the applicant. The City Council shall make reasonable efforts to consider the application within sixty days after its filing. The decision of the City Council shall be final. The procedure provided by this section is additional to any other procedure authorized by law for protection or challenging the Impact Fee imposed by this ordinance. SECTION 19. Fee Applicable to Public Agencies. Development projects by public agencies, including schools, shall not be exempt from the provisions of the Impact Fee. Ordinance Page 11 SECTION 20. Assessment District. If any assessment, community facilities district or special taxing district is established to design, construct and pay for any or all of the Facilities ("Work Alternatively Financed"), the owner or developer of a project may apply to the City Council for reimbursement from the Fund or a credit in an amount equal to that portion of the cost included in the calculation of the Impact Fee attributable to the Work Altematively Financed. In this regard, the amount of the reimbursement shall be based on the costs included in the Report, as amended from time to time, and therefore, will not include any portion of the financing costs associated with the formation of the assessment or other special taxing district. SECTION 21. Expiration of this Ordinance. This ordinance shall be of no further force and effect when the City Council determines that the amount of Impact Fees which have been collected reaches an amount equal to the cost of the Facilities. SECTION 22. Time Limit for Judicial Action. Any judicial action or proceeding to attack, review, set aside, void or annul this ordinance shall be brought within the time period as established by law. In accordance with Government Code Section 66020(d)(1), the ninety-day approval period in which parties may protest begins upon the effective date of this ordinance. SECTION 23. Other Not Previously Defined Terms. For the purposes of this ordinance, the following words or phrases shall be construed as defined in this Section, unless from the context it appears that a different meaning is intended. (a) "Building Permit" means a permit required by and issued pursuant to the Uniform Building Code as adopted by reference by this City. (b) "Developer" means the owner or developer of a development. (c) "Development Permit" means any discretionary permit, entitlement or approval for a development project issued under any zoning or subdivision ordinance of the City. (d) "Development Project" or "Development" means any activity described in Section 66000 of the State Government Code. SECTION 24. Effective Date. Ordinance Page 12 This ordinance shall become effective sixty days after its second reading and adoption. Presented by John P. Lippitt Public Works Director Approved as to form by Jo..9~'. Kaheny ,~ty A~omey RESOLUTION NO. 2002- RESOLUTION OF THE CITY OF CHULA VISTA ACCEPTING A REPORT PREPARED BY DEVELOPMENT PLANNING AND FINANCING GROUP RECOMMENDING AN UPDATED PEDESTRIAN BRIDGE DEVELOPMENT IMPACT FEE TO FUND PEDESTRIAN BRIDGE IMPROVEMENTS IN THE OTAY RANCH VILLAGES 1, 5, AND 6. WHEREAS, the City retained Development Planning and Financing Group to update the Pedestrian Bridge Development impact Fee (Ped Bridge DIF); and WHEREAS, the City Council established the original Otay Ranch Pedestrian Bridge Development Impact Fee on January 5, 1999, by Ordinance 2767, which set up to fund the construction of the bridge between Otay Ranch Villages; and WHEREAS, that Council will consider the approval of an updated Ped. Bridge Ordinance and DIF program that assures funding for the completion of four bridges as the Otay Ranch Villages build out; and WHEREAS, the December, 2002, update incorporates the following changes: · Expands the Area of Benefit to include Village 6 Funds collected at issuance of building permits in Village 6 will contribute to the construction of all remaining bridges including the southerly La Media Road Bridge, which was not identified in the original DIF ordinance A single unit is defined as a residential unit within a planning area or neighborhood that has a net tentative map density of 8 units or less per acre and a multiple family unit is within a planning area or neighborhood with a density of more that 8 units per acre WHEREAS, the December 2002 update recommends a Ped Bridge DIF of $605 per EDU; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby accept a report prepared by Development Planning and Financing Group recommending an updated Pedestrian Bridge Development Impact Fee to fund Pedestrian Bridge Improvements in the Otay Ranch Villages 1, 5, and 6, a copy of which shall be kept on file in the City Clerk's Office. Prcsented by Approved as to form by John T. Lippett Director of Public Works John lx~f.°Kt~heny City Attorney J:/attmllcy/rcso/Otay Ranch Village ped b~idge2 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF CHULA VISTA AMENDING THE OTAY RANCH VILLAGE 1 AND 5 PEDESTRIAN BRIDGE DEVELOPMENT IMPACT FEE TO INCLUDE VILLAGE 6 TO PAY FOR PEDESTRIAN BRIDGE IMPROVEMENTS AS A CONDITION OF ISSUANCE OF BUILDING PERMITS WHEREAS, the City's General Plan Land Use and Public Facilities Elements require that adequate public facilities be available to accommodate increased population created by new development; and WHEREAS, the City Council has determined that new development within certain areas within the City of Chula Vista as identified in this ordinance, will create adverse impacts on certain existing public facilities which must be mitigated by the financing and construction of those facilities identified in this ordinance; and WHEREAS, developers of land within the City are required to mitigate the burden created by their development by the construction or improvement of those facilities needed to provide service to their respective developments or by the payment of a fee to finance their portion of the total cost of such facilities; and WHEREAS, development within the City contributes to the cumulative burden on pedestrian facilities in direct relationship to the amount of population generated by the development or the gross acreage of the commercial or industrial land in the development; and WHEREAS, the goal of the Otay Ranch General Development Plan is to organize land uses based upon a village concept to produce a cohesive, pedestrian friendly community, encourage non vehicular trips and foster interaction amongst residents; and WHEREAS, comprehensive trail transportation; and a component of the Otay Ranch circulation system is a system to provide for non-vehicular alternative modes of WHEREAS, the Otay Ranch GDP requires a non-auto circulation system, such as pedestrian walkways and bike paths, shall be provided between villages. And, where appropriate and feasible, a grade separated arterial crossing should be provided to encourage pedestrian activity between villages; and WHEREAS, the City Council adopted the Otay Ranch Village 1 and 5 Pedestrian Bridge Development Impact Fee ("Impact Fee") by Ordinance 2767 in order to pay for pedestrian bridge facilities that will serve Otay Ranch Villages 1, 5 and 6; and Ordinance Page 2 WHEREAS, the Sectional Planning Area Plan for Otay Ranch Villag~ 6 identifies two potential pedestrian bridges on its Trails Plan; including one pedestrian bridge that is partially funded by the original Otay Ranch Village t and 5 Pedestrian Bridge Development Impact Fee; and WHEREAS, the Conditions of Approval for Otay Ranch Village 6 tentative maps require that a funding mechanism be established to pay for one-half of each of the two Village 6 bridges; and WHEREAS, pedestrian facilities have been built, or are proposed to be built, that will directly connect Villages 1, 5 and 6, including a continuous Village Pathway and cartpath system. The pedestrian facilities cross major streets and their use would be encouraged and facilitated by the provision of over-crossings of these major streets; and WHEREAS, the completion of the pedestrian bridges in Village 6 that will complete the linkage of the pedestrian facilities in Village 1, 5 and 6, serving to enhance overall pedestrian access in and among these Villages would be facilitated by including the funding for the construction of the bridges required by the Village 6 tentative maps in the current Impact Fee program by: 1) amending the per unit fees payable at issuance ora building permit; 2) revising the facilities to be financed by the Impact Fee; and 3) revising the territory to which the Impact Fee is applicable to include Village 6; and WHEREAS, the original Pedestrian Bridge Development Ordinance used the persons per dwelling unit rates established in Section 17.10.040 of the Chula Vista Municipal Code for the various residential land use categories in deriving the Equivalent Dwelling Unit ratio upon which the Impact Fee is based; and WHEREAS, the persons per dwelling unit rates for Parkland Dedication in Sec. 17.10.040 were modified by Ordinance No. 2886. The rates for single family went from 3.22 persons per unit to 3.52 persons per unit and the multiple-family rates went from 2.21 persons per dwelling units to 2.61 persons per unit. The attached, cluster housing or planned unit development and the duplex categories were deleted from Sec 17.10.040; and WHEREAS, Otay Ranch, Villages 1, 5 and 6 is that area of land within the City of Chula Vista surrounded by Telegraph Canyon Road, Otay Lakes Road, Heritage Road, Olympic Parkway, La Media Road Birch Road and SR-125. This area is shown on the map marked Exhibit "1," and included as an attachment to the City of Chula Vista Pedestrian Bridge Development Impact Fee Report, dated November 6, 1998, and the updated Pedestrian Bridge Development Impact Fee Report dated December ___, 2002 on file in the Office of the City Engineer; and WHEREAS, City Engineering Staff has approved the City of Chula Vista Pedestrian Bridge Development Impact Fee Report dated November 6, 1998; and the updated Pedestrian Bridge Development Impact Fee Report, dated December ___, 2002 ("Report"); and Ordinance Page 3 WHEREAS, said Report, recommends pedestrian over-crossing facilities needed for pedestrian access, and establishes a fee payable by persons obtaining building permits for developments within Otay Ranch Villages 1, 5 and 6 benefiting from the construction of these facilities; and WHEREAS, a series of meetings have been held with the owners and developers of properties located within Otay Ranch Villages 1, 5 and 6 to discuss the Report and city staff recommendations establishing the Otay Ranch Village 1, 5 and 6 Pedestrian Bridge Development Impact Fee; and WHEREAS, the Environmental Impact Reports 95-01~ and 98-01 adequately addressed the issue of pedestrian safety and design features of the pedestrian bridges; and WHEREAS, on, December 17, 2002 a Public Hearing was held before the City Council to provide an opportunity for interested persons to be heard on the approval of the Report and establishment of the Impact Fee; and WHEREAS, the City Council determined, based upon the evidence presented at the Public Hearing, including, but not limited to, the Report and other information received by the City Council in the course of its business, that imposition of the Impact Fee on all developments within Otay Ranch Villages 1, 5 and 6 in the City of Chula Vista is necessary in order to protect the public safety and welfare and to ensure effective implementation of the City's General Plan; and WHEREAS, the City Council has determined that the amount of the Impact Fee levied by this ordinance does not exceed the estimated cost of providing the public facilities identified by the Report. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS FOLLOWS: SECTION 1. Environmental Review The Environmental hnpact Reports 95-01 and 98-01 adequately addressed environmental concerns associated with the construction of pedestrian facilities. SECTION 2. Approval of Report The City Council has reviewed the proposed Pedestrian Bridge Development Impact Fee Report dated December ,2002 and has adopted the same, by Resolution No.2002- , in the form on file in the Office of the City Clerk. SECTION 3. "Facilities" Ordinance Page 4 The facilities to be financed by the Impact Fee are fully described in the Pedestrian Bridge Development Impact Fee Report and incorporated herein by this reference, ("Facilities"), all of which Facilities may be modified by the City Council from time to time by resolution. The locations at which the Facilities will be constructed are shown on Exhibit "4," of the approved City of Chula Vista Pedestrian Bridge Development Impact Fee Report, which is included in the Report. The City Council may modify or amend the list of projects herein considered to be part of the Facilities by written resolution in order to maintain compliance with the City's Capital Improvement Program or to reflect changes in land development and estimated and actual pedestrian generation. SECTION 4. Territory to Which Fee Is Applicable The area of the City of Chula Vista to which the Impact Fee herein established shall be applicable is set forth on Exhibit "4" of the Report and is generally described herein as the "Territory." SECTION 5. Purpose The purpose of this ordinance is to establish the Impact Fee in order to provide the necessary financing to construct the Facilities within the areas shown in Exhibit "1" of the Report, in accordance with the City's General Plan. SECTION 6. Establishment of Fee The Impact Fee, to be based on a per Equivalent Dwelling Unit ("EDU") basis, and payable prior to the issuance of building permits for residential development projects within the Territory, is hereby established to pay for the Facilities. SECTION 7. Due on Issuance of Building Permit The Impact Fee shall be paid in cash upon the issuance of a residential building permit. Early payment is not permitted. No building permit shall be issued for residential development projects subject to this Ordinance unless the developer has paid the Impact Fee imposed by this Ordinance. SECTION 8. Determination of Equivalent Dwelling Units Residential land uses shall be converted to Equivalent Dwelling Units on the basis of persons per dwelling unit for the purpose of this fee based onthe following table: EDU by Land Use Land Use Persons per dwelling unit EDUs Single Family ("SF") 3.52 1 Ordinance Page 5 Multi Family ("MF") 2.61 0.74 "Single Family" shall mean a residential unit within a subdivision, planning area or neighborhood with a net density of 8 units per acre or less as shown on the approved tentative map for said subdivision, planning area or neighborhood. "Multi-Family" shall mean a residential unit within a subdivision, planning area or neighborhood with a net density of greater than 8 units per acre as shown on the approved tentative map for said subdivision, planning area or neighborhood. SECTION 9. Time to Determine Amount Due; Advance Payment Prohibited. The Impact Fee for each development shall be calculated at the time of building permit issuance and shall be the amount as indicated at that time and not when the tentative map or final map was granted or applied for, or when the building permit plan check was conducted, or when application was made for the building permit. SECTION 10. Purpose and Use of Fee The purpose of the Impact Fee is to pay for the planning, design, construction and/or financing (including the cost of interest and other financing costs as appropriate) of the Facilities, or reimbursement to the City or, at the discretion of the City if approved in advance in writing, to other third parties for advancing costs actually incurred for planning, designing, constructing, or financing the Facilities. Any use of the Impact Fee shall receive the advance consent of the City Council and be used in a manner consistent with the purpose of the Impact Fee. SECTION 11. Amount of Fee; Amendment to the Master Fee Schedule The initial Impact Fee shall be calculated at the rate of $605 per EDU. Chapter XVI, Other Fees, of the Master Fee Schedule is hereby amended to add Section E, which shall read as follows: "E." Otay Ranch Village 1, 5 and 6 Pedestrian Bridge Development Impact Fee. This section is intended to memorialize the key provisions of Ordinance No. , but said ordinance governs over the provisions of the Master Fee Schedule. For example, in the event of a conflict in interpretation between the Master Fee Schedule and this ordinance, or in the event that there are additional rules applicable to the imposition of the Impact Fee, the language of this ordinance governs. a. Territory to which Fee Applicable. The area of the City of Chula Vista to which the Impact Fee herein established shall be applicable is set forth in Exhibit "1" of the City of Chula Vista Pedestrian Bridge Ordinance Page 6 Development Impact Fee Report dated December , 2002, and is generally described as the area surrounded by Telegraph Canyon Road, Otay Lakes Road, Heritage Road, Olympic Parkway, La Media Road, Bimh Road and SR-125, b. Rate per Residential Land Use and Fee The Impact Fee shall be calculated at the rate of $605 per EDU and translated into a fee per land use based on the EDU factors given below, which rate shall be adjusted from time to time by the City Council. Residential Land use EDU's Fee Single Family ("SF") 1 $605 Multi Family("MF") 0.74 $447 c. When Payable. The Impact Fee shall be paid in cash not later than immediately prior to the issuance of a building permit. The City Council shall review the amount of the Impact Fee annually or from time to time. The City Council may, at such reviews, adjust the amount of this Impact Fee as necessary to assure construction and operation of the Facilities. The reasons for which adjustments may be made include, but are not limited to, the following: changes in the costs of the Facilities as may be reflected by such index as the Council deems appropriate, such as the Engineering-News Record Construction Cost Index (ENR-CCI); changes in the type, size, location or cost of the Facilities to be financed by the Impact Fee; changes in land use in the City's General Plan; other sound engineering, financing and planning information. Adjustments to the above Impact Fee may be made by resolution amending the Master Fee Schedule. SECTION 12. Authority for Accounting and Expenditures. The proceeds collected from the imposition of the Impact Fee shall be deposited into a public facility financing fund ("Otay Ranch Village 1, 5 and 6 Pedestrian Bridge Development Impact Fee Fund," or alternatively herein "Fund") which is hereby created and shall be expended only for the purposes set forth in this ordinance, The Director of Finance is authorized to establish various accounts within the Fund for the Facilities identified in this ordinance and to periodically make expenditures from the Fund for the purposes set forth herein in accordance with the facilities phasing plan or capital improvement plan adopted by the City Council. SECTION 13. Findings. The City Council hereby finds the following: Ordinance Page 7 The establishment of the Impact Fee is necessary to protect the public safety and welfare and to ensure the effective implementation of the City's General Plan. B The Impact Fee is necessary to ensure that funds will be available for the construction of the Facilities concurrent with the need for these Facilities and to ensure certainty in the capital facilities budgeting for growth impacted public facilities. The amount of the fee levied by this ordinance does not exceed the estimated cost of providing the Facilities for which the fee is collected. New development projects within the Territory will generate a significant amount of pedestrian traffic that current pedestrian facilities cannot service, therefore construction of the Facilities will be needed to service new development projects. That the legislative finding and determination set forth in Ordinance 2767 continue to be true and correct. SECTION 14. Impact Fee Additional to other Fees and Charges. The Impact Fee established by this section is in addition to the requirements imposed by other City laws, policies or regulations relating to the construction or the financing of the construction of public improvements within subdivisions or developments. SECTION 15. Mandatory Construction of a Portion of the Facilities; Duty to Tender Reimbursement Offer. Whenever a developer is required as a condition of approval of a development permit to construct or cause the construction of the Facilities or a portion thereof, the City may require the developer to install the Facilities according to design specifications approved by the City and in the size or capacity necessary to accommodate estimated pedestrian traffic as indicated in the Report and subsequent amendments. If such a requirement is imposed, the City shall offer, at the City's option, to reimburse the developer from the Fund either in cash or over time as Fees are collected, or give a credit against the Impact Fee levied by this ordinance or some combination thereof, in the amount of the costs incurred by the developer that exceeds their contribution to such Facilities as required by this ordinance, for the design and construction of the Facility not to exceed the estimated cost of that particular Facility as included in the calculation and updating of the Impact Fee. The City may update the Impact Fee calculation, as City deems appropriate prior to making such offer. This duty to offer to give credit or reimbursement shall be independent of the developer's obligation to pay the Impact Fee. SECTION 16. Voluntary Construction of a Portion of the Facilities; Duty of City to Tender Reimbursement Offer. Ordinance Page 8 If a developer is willing and agrees in writing to design and construct a portion of the Facilities in conjunction with the prosecution of a development project within the Territory, the City may, as part of a written agreement, reimburse the developer from the Fund either in cash or over time as Fees are collected, or give a credit against the Impact Fee levied by this ordinance or some combination thereof, in the amount of the costs incurred by the developer that exceeds their contribution to such Facilities as required by this ordinance, for the design and construction of the Facility not to exceed the estimated cost of that particular Facility as included in the calculation and updating of the Impact Fee and in an amount agreed to in advance of their expenditure in writing by the City. The City may update the Impact Fee calculation, as City deems appropriate prior to making such offer. This duty to extend credits or offer reimbursement shall be independent of the developer's obligation to pay the Impact Fee. SECTION 17. Procedure for Entitlement to Reimbursement Offer. The City's duty to extend a reimbursement offer to a developer pursuant to Section 15 or 16 above shall be conditioned on the developer complying with the terms and conditions of this section: Written authorization shall be requested by the developer from the City and issued by the City Council by written resolution before developer may incur any costs eligible for reimbursement relating to the construction of the Facilities, excluding any work attributable to a specific subdivision project. The request for authorization shall contain the following information, and the City may from time to time request such other information as: (1) Detailed descriptions of the work to be conducted by the developer with the preliminary cost estimate. If the Council grants authorization, it shall be by written agreement with the Developer, and on the following conditions among such other conditions as the Council may from time to time impose: (1) Developer shall prepare all plans and specifications and submit same to the City for approval; (2) Developer shall secure and dedicate any right-of-way required for the improvement work; (3) Developer shall secure all required permits and environmental clearances necessary for construction of the improvements; (4) Developer shall provide performance bonds in a form and amount, and with a surety satisfactory to the City; Ordinance Page 9 (5) (6) (7) (8) (9) (10) (11) (12) Developer shall pay all City fees and costs. The City shall be held harmless and indemnified, and upon demand by the City, defended by the developer for any of the costs and liabilities associated with the improvements. The developer shall advance all necessary funds for the improvements, including design and construction. The City will not be responsible for any of the costs of constructing the facilities. The developer shall secure at least three (3) qualified bids for work to be done. The construction contract shall be granted to the lowest qualified bidder. Any claims for additional payment for extra work or charges during construction shall be justified and shall be documented to the satisfaction of the Director of Public Works. The developer shall provide a detailed cost estimate, which itemizes those costs of the construction attributable to the improvements. Soils Engineering shall be limited to 7.5 percent of the project cost, Civil Engineering shall be limited to 7.5 percent of the hard cost and landscape architecture shall be limited to 2 percent of the landscaping cost. The estimate is preliminary and subject to final determination by the Director of Public Works upon completion of the Public Facility Project. The agreement may provide that upon determination of satisfactory incremental completion of the public facility project, as approved and certified by the Director of Public Works, the City may pay the developer progress payments in an amount not to exceed 75 percent of the estimated cost of the construction completed to the time of the progress payment but shall provide in such case for the retention of 25 percent of such costs until issuance by the City of a Notice of Completion. The agreement may provide that any funds owed to the developer as reimbursements may be applied to the developer's obligations to pay the impact Fee for building permits to be applied for in the future. When all work has been completed to the satisfaction of the City, the developer shall submit verification of payments made for the construction of the project to the City. The Director of Public Works shall make the final determination on expenditures, which are eligible for reimbursement. Ordinance Page 10 (13) After final determination of expenditures eligible for reimbursement has been made by the Public Works Director, the parties may agree to offset the developer's duty to pay Impact Fees required by this ordinance against the City's duty to reimburse the developer. (14) After offset, if any funds are due the developer under this section, the City may at its option, reimburse the developer from the Fund either in cash or over time as Fees are collected, or give a credit against the Impact Fee levied by this ordinance or some combination thereof, in the amount of the costs incurred by the developer that exceeds their required contribution to such Facilities as required by this ordinance, for the design and construction of the Facility not to exceed the estimated cost of that particular Facility as included in the calculation and updating of the Impact Fee and in an amount agreed to in advance of their expenditure in writing by the City. (15) A developer may transfer a credit against the Impact Fee to another developer with the written approval of the Director of Public Works in the Director's sole discretion. SECTION 18. Procedure for Fee Modification. Any developer who, because of t, he nature or type of uses proposed for a development project, contends that application of the Impact Fee imposed by this ordinance is unconstitutional or unrelated to mitigation of the burdens of the development, may apply to the City Council for a waiver or modification of the Impact Fee or the manner in which it is calculated. The application shall be made in writing and filed with the City Clerk not later than ten days after notice is given of the public hearing on the development permit application for the project, or if no development permit is required, at the time of the filing of the building permit application. The application shall state in detail the factual basis for the claim of waiver or modification, and shall provide an engineering and accounting report showing the overall impact on the DIF and the ability of the City to complete construction of the Facilities by making the modification requested by the applicant. The City Council shall make reasonable efforts to consider the application within sixty days after its filing. The decision of the City Council shall be final. The procedure provided by this section is additional to any other procedure authorized by law for protection or challenging the Impact Fee imposed by this ordinance. SECTION 19. Fee Applicable to Public Agencies. Development projects by public agencies, including schools, shall not be exempt from the provisions of the Impact Fee. Ordinance Page 11 SECTION 20. Assessment District. If any assessment, community facilities district or special taxing district is established to design, construct and pay for any or all of the Facilities ("Work Alternatively Financed"), the owner or developer of a project may apply to the City Council for reimbursement from the Fund or a credit in an amount equal to that portion of the cost included in the calculation of the Impact Fee attributable to the Work Alternatively Financed. In this regard, the amount of the reimbursement shall be based on the costs included in the Report, as amended from time to time, and therefore, will not include any portion of the financing costs associated with the formation of the assessment or other special taxing district. SECTION 21. Expiration of this Ordinance. This ordinance shall be of no further force and effect when the City Council determines that the amount of Impact Fees which have been collected reaches an amount equal to the cost of the Facilities. SECTION 22. Time Limit for Judicial Action. Any judicial action or proceeding to attack, review, set aside, void or annul this ordinance shall be brought within the time period as established by law. In accordance with Government Code Section 66020(d)(l), the ninety-day approval period in which parties may protest begins upon the effective date of this ordinance. SECTION 23. Other Not Previously Defined Terms. For the pm-poses of this ordinance, the following words or phrases shall be construed as defined in this Section, unless from the context it appears that a different meaning is intended. (a) "Building Permit" means a permit required by and issued pursuant to the Uniform Building Code as adopted by reference by this City. (b) "Developer" means the owner or developer of a development. (c) "Development Permit" means any discretionary permit, entitlement or approval for a development project issued under any zoning or subdivision ordinance of the City. (d) "Development Project" or "Development" means any activity described in Section 66000 of the State Government Code. SECTION 24. Effective Date. Ordinance Page 12 This ordinance shall become effective sixty days after its second reading and adoption. Presented by John P. Lippitt Public Works Director Approved as to form by Joh~eny City Attorney ORDiNANCE NO. A AN URGENCY ORDINANCE OF THE CITY COUNCIL OF CHULA VISTA AMENDING THE OTAY RANCH VILLAGE 1 AND 5 PEDESTRIAN BRIDGE DEVELOPMENT IMPACT FEE TO iNCLUDE VILLAGE 6 TO PAY FOR PEDESTRIAN BRIDGE IMPROVEMENTS AS A CONDITION OF ISSUANCE OF BUILDING PERMITS WHEREAS, the City Council is placing an ordinance on its first reading which will amend the Otay Ranch Village 1 and 5 pedestrian bridge development impact fee to include financing of pedestrian bridge facilities within Otay Ranch Village 6; and WHEREAS, pursuant to Government Code Section 66017(a), the fees increased by that ordinance will not become effective until sixty days after its second reading; and WHEREAS, developments in the City which will are required to install pedestrian bridge facilities will be applying for building permits during the interim period before the pedestrian bridge development impact fee increase becomes effective; and WHEREAS, Government Code Section 66017(b) authorizes the City to adopt an interim fee as an urgency measure upon making a finding describing the current and immediate threat to the public health, welfare, and safety; and WHEREAS, state taw requires said urgency ordinance to be adopted by a four- fifths vote; and WHEREAS, the City's General Plan Land Use and Public Facilities Elements require that adequate public facilities be available to accommodate increased population created by new development; and WHEREAS, the City Council has determined that new development within certain areas within the City of Chula Vista as identified in this ordinance, will create adverse impacts on certain existing public facilities which must be mitigated by the financing and construction of those facilities identified in this ordinance; and WHEREAS, developers of land within the City are required to mitigate the burden created by their development by the construction or improvement of those facilities needed to provide service to their respective developments or by the payment of a fee to finance their portion of the total cost of such facilities; and WHEREAS, development within the City contributes to the cumulative burden on pedestrian facilities in direct relationship to the amount of population generated by the Urgency Ordinance Page 2 development or the gross acreage of the commercial or industrial land in the development; and WHEREAS, the goal of the Otay Ranch General Development Plan is to organize land uses based upon a village concept to produce a cohesive, pedestrian friendly community, encourage non vehicular trips and foster interaction amongst residents; and WHEREAS, comprehensive trail transportation; and a component of the Otay Ranch circulation system is a system to provide for non-vehicular alternative modes of WHEREAS, the Otay Ranch GDP requires a non-auto circulation system, such as pedestrian walkways and bike paths, shall be provided between villages. And, where appropriate and feasible, a grade separated arterial crossing should be provided to encourage pedestrian activity between villages; and WHEREAS, the City Council adopted the Otay Ranch Village 1 and 5 Pedestrian Bridge Development Impact Fee ("Impact Fee") by Ordinance 2767 in order to pay for pedestrian bridge facilities that will serve Otay Ranch Villages 1, 5 and 6; and WHEREAS, the Sectional Planning Area Plan for Otay Ranch Village 6 identifies two potential pedestrian bridges on its Trails Plan; including one pedestrian bridge that is partially funded by the original Otay Ranch Village 1 and 5 Pedestrian Bridge Development Impact Fee; and WHEREAS, the Conditions of Approval for Otay Ranch Village 6 tentative maps require that a funding mechanism be established to pay for one-half of each of the two Village 6 bridges; and WHEREAS, pedestrian facilities have been built, or are proposed to be built, that will directly connect Villages 1, 5 and 6, including a continuous Village Pathway and cartpath system. The pedestrian facilities cross major streets and their use would be encouraged and facilitated by the provision of over-crossings of these major streets; and WHEREAS, the completion of the pedestrian bridges in Village 6 that will complete the linkage of the pedestrian facilities in Village 1, 5 and 6, serving to enhance overall pedestrian access in and among these Villages would be facilitated by including the funding for the construction of the bridges required by the Village 6 tentative maps in the current Impact Fee program by: 1) amending the per unit fees payable at issuance ora building permit; 2) revising the facilities to be financed by the Impact Fee; and 3) revising the territory to which the Impact Fee is applicable to include Village 6; and WHEREAS, the original Pedestrian Bridge Development Ordinance used the persons per dwelling unit rates established in Section 17.10.040 of the Chula Vista Municipal Code for the various residential land use categories in deriving the Equivalent Dwelling Unit ratio upon which the Impact Fee is based; and Urgency Ordinance Page 3 WHEREAS, the persons per dwelling unit rates for Parkland Dedication in Sec. 17.10.040 were modified by Ordinance No. 2886. The rates for single family went from 3.22 persons per unit to 3.52 persons per unit and the multiple-family rates went from 2.21 persons per dwelling units to 2.61 persons per unit. The attached, cluster housing or plarmed unit development and the duplex categories were deleted from Sec 17.10.040; and WHEREAS, Otay Ranch, Villages 1, 5 and 6 is that area of land within the City of Chula Vista surrounded by Telegraph Canyon Road, Otay Lakes Road, Heritage Road, Olympic Parkway, La Media Road Birch Road and SR-125. This area is shown on the map marked Exhibit "1," and included as an attachment to the City of Chula Vista Pedestrian Bridge Development Impact Fee Report, dated November 6, 1998, and the updated Pedestrian Bridge Development Impact Fee Report dated December ___, 2002 on file in the Office of the City Engineer; and WHEREAS, City Engineering Staff has approved the City of Chula Vista Pedestrian Bridge Development Impact Fee Report dated November 6, 1998; and the updated Pedestrian Bridge Development Impact Fee Report, dated December __, 2002 ("Report"); and WHEREAS, said Report, recommends pedestrian over-crossing facilities needed for pedestrian access, and establishes a fee payable by persons obtaining building permits for developments within Otay Ranch Villages 1, 5 and 6 benefiting from the construction of these facilities; and WHEREAS, a series of meetings have been held with the owners and developers of properties located within Otay Ranch Villages 1, 5 and 6 to discuss the Report and city staff recommendations establishing the Otay Ranch Village 1, 5 and 6 Pedestrian Bridge Development Impact Fee; and WHEREAS, the Environmental Impact Reports 95-01 and 98-01 adequately addressed the issue of pedestrian safety and design features of the pedestrian bridges; and WHEREAS, on, December 17, 2002 a Public Hearing was held before the City Council to provide an opportunity for interested persons to be heard on the approval of the Report and establishment of the Impact Fee; and WHEREAS, the City Council determined, based upon the evidence presented at the Public Hearing, including, but not limited to, the Report and other information received by the City Council in the course of its business, that imposition of the Impact Fee on all developments within Otay Ranch Villages 1, 5 and 6 in the City of Chula Vista is necessary in order to protect the public safety and welfare and to ensure effective implementation of the City's General Plan; and Urgency Ordinance Page 4 WHEREAS, the City Council has determined that the amount of the Impact Fee levied by this ordinance does not exceed the estimated cost of providing the public facilities identified by the Report. NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows: SECTION 1: Finding of Urgency That the City Council of the City of Chula Vista finds that it is necessary that its Otay Ranch Pedestrian Bridge development impact fee for public facilities go into effect immediately in order that all developers of properties in the Otay Ranch Villages 1, 5 and 6 pay their fair share of the cost of pedestrian bridge facilities relating to the impacts caused by their development. Immediate implementation of this fee is necessary due to the current and immediate threat to public safety that will result should there be a shortfall in the amount of money necessary to pay for the various pedestrian bridges facilities. The City Council finds that the prospect of a shortfall and concerns about an increased charge to remaining property owners constitutes a current immediate threat to the public health, welfare and safety justifying the immediate imposition of this fee. SECTION 2. Environmental Review The Environmental Impact Reports 95-01 and 98-01 adequately addressed environmental concerns associated with the construction of pedestrian facilities. SECTION 3. Approval of Report The City Council has reviewed the proposed Pedestrian Bridge Development Impact Fee Report dated December ,2002 and has adopted the same, by Resolution No.2002- , in the form on file in the Office of the City Clerk. SECTION 4. "Facilities" The facilities to be financed by the Impact Fee are fully described in the Pedestrian Bridge Development Impact Fee Report and incorporated herein by this reference, ("Facilities"), all of which Facilities may be modified by the City Council from time to time by resolution. The locations at which the Facilities will be constructed are shown on Exhibit "4," of the approved City of Chula Vista Pedestrian Bridge Development Impact Fee Report, which is included in the Report. The City Council may modify or amend the list of projects herein considered to be part of the Facilities by written resolution in order to maintain compliance with the City's Capital Improvement Program or to reflect changes in land development and estimated and actual pedestrian generation. SECTION 5. Territory to Which Fee Is Applicable Urgency Ordinance Page 5 The area of the City of Chula Vista to which the Impact Fee herein established shall be applicable is set forth on Exhibit "4" of the Report and is generally described herein as the "Territory." SECTION 6. Purpose The purpose of this ordinance is to establish the Impact Fee in order to provide the necessary financing to construct the Facilities within the areas shown in Exhibit "1" of the Report, in accordance with the City's General Plan. SECTION 7. Establishment of Fee The Impact Fee, to be based on a per Equivalent Dwelling Unit ("EDU") basis, and payable prior to the issuance of building permits for residential development projects w/thin the Territory, is hereby established to pay for the Facilities. SECTION 8. Due on Issuance of Building Permit The Impact Fee shall be paid in cash upon the issuance of a residential building permit. Early payment is not permitted. No building permit shall be issued for residential development projects subject to this Ordinance unless the developer has paid the Impact Fee imposed by this Ordinance. SECTION 9. Determination of Equivalent Dwelling Units Residential land uses shall be converted to Equivalent Dwelling Units on the basis of persons per dwelling unit for the purpose of this fee based on the following table: EDU by Land Use Land Use Persons per dwelling unit EDUs Single Family ("SF") 3.52 1 Multi Family ("MF") 2.61 0.74 "Single Family" shall mean a residential unit within a subdivision, planning area or neighborhood with a net density of 8 units per acre or less as shown on the approved tentative map for said subdivision, planning area or neighborhood. "Multi-Family" shall mean a residential unit within a subdivision, planning area or neighborhood with a net density of greater than 8 units per acre as shown on the approved tentative map for said subdivision, planning area or neighborhood. SECTION 10. Time to Determine Amount Due; Advance Payment Prohibited. Urgency Ordinance Page 6 The Impact Fee for each development shall be calculated at the time of building permit issuance and shall be the amount as indicated at that time and not when the tentative map or final map was granted or applied for, or when the building permit plan check was conducted, or when application was made for the building permit. SECTION 11. Purpose and Use of Fee The purpose of the Impact Fee is to pay for the planning, design, construction and/or financing (including the cost of interest and other financing costs as appropriate) of the Facilities, or reimbursement to the City or, at the discretion of the City if approved in advance in writing, to other third parties for advancing costs actually incurred for planning, designing, constructing, or financing the Facilities. Any use of the Impact Fee shall receive the advance consent of the City Council and be used in a manner consistent with the purpose of the Impact Fee. SECTION 12. Amount of Fee; Amendment to the Master Fee Schedule The initial Impact Fee shall be calculated at the rate of $605 per EDU. Chapter XVI, Other Fees, of the Master Fee Schedule is hereby amended to add Section E, which shall read as follows: "E." Otay Ranch Village 1, 5 and 6 Pedestrian Bridge Development Impact Fee. This section is intended to memorialize the key provisions of Ordinance No. but said ordinance governs over the provisions of the Master Fee Schedule. For example, in the event of a conflict in interpretation between the Master Fee Schedule and this ordinance, or in the event that there are additional rules applicable to the imposition of the Impact Fee, the language of this ordinance governs. a. Territory to which Fee Applicable. The area of the City of Chula Vista to which the Impact Fee herein established shall be applicable is set forth in Exhibit 'T' of the City of Chula Vista Pedestrian Bridge Development Impact Fee Report dated December __, 2002, and is generally described as the area surrounded by Telegraph Canyon Road, Otay Lakes Road, Heritage Road, Olympic Parkway, La Media Road, Birch Road and SR-125, b. Rate per Residential Land Use and Fee The Impact Fee shall be calculated at the rate of $605 per EDU and translated into a fee per land use based on the EDU factors given below, which rate shall be adjusted from time to time by the City Council. Residential Land use EDU's Single Family ("SF") Fee $605 Urgency Ordinance Page 7 Multi Family("MF") [ 0.74 [ $447 J c. When Payable. The Impact Fee shall be paid in cash not later than immediately prior to the issuance of a building permit. The City Council shall review the amount of the Impact Fee annually or from time to time. The City Council may, at such reviews, adjust the amount of this Impact Fee as necessary to assure construction and operation of the Facilities. The reasons for which adjustments may be made include, but are not limited to, the following: changes in the costs of the Facilities as may be reflected by such index as the Council deems appropriate, such as the Engineering-News Record Construction Cost Index (ENR-CCI); changes in the type, size, location or cost of the Facilities to be financed by the Impact Fee; changes in land use in the City's General Plan; other sound engineering, financing and planning information. Adjustments to the above Impact Fee may be made by resolution amending the Master Fee Schedule. SECTION 13. Authority for Accounting and Expenditures. The proceeds collected from the imposition of the Impact Fee shall be deposited into a public facility financing fund ("Otay Ranch Village 1, 5 and 6 Pedestrian Bridge Development Impact Fee Fund," or alternatively herein "Fund") which is hereby created and shall be expended only for the purposes set forth in this ordinance, The Director of Finance is authorized to establish various accounts within the Fund for the Facilities identified in this ordinance and to periodically make expenditures from the Fund for the purposes set forth herein in accordance with the facilities phasing plan or capital improvement plan adopted by the City Council. SECTION 14. Findings. The City Council hereby finds the following: The establishment of the Impact Fee is necessary to protect the public safety and welfare and to ensure the effective implementation of the City's General Plan. B The Impact Fee is necessary to ensure that funds will be available for the construction of the Facilities concurrent with the need for these Facilities and to ensure certainty in the capital facilities budgeting for growth impacted public facilities. The amount of the fee levied by this ordinance does not exceed the estimated cost of providing the Facilities for which the fee is collected. Urgency Ordinance Page 8 New development projects within the Territory will generate a significant amount of pedestrian traffic that current pedestrian facilities cannot service, therefore construction of the Facilities will be needed to service new development projects. That the legislative finding and determination set forth in Ordinance 2767 continue to be true and correct. SECTION 15. Impact Fee Additional to other Fees and Charges. The Impact Fee established by this section is in addition to the requirements imposed by other City laws, policies or regulations relating to the construction or the financing of the construction of public improvements within subdivisions or developments. SECTION 16. Mandatory Construction of a Portion of the Facilities; Duty to Tender Reimbursement Offer. Whenever a developer is required as a condition of approval of a development permit to construct or cause the construction of the Facilities or a portion thereof, the City may require the developer to install the Facilities according to design specifications approved by the City and in the size or capacity necessary to accommodate estimated pedestrian traffic as indicated in the Report and subsequent amendments. If such a requirement is imposed, the City shall offer, at the City's option, to reimburse the developer from the Fund either in cash or over time as Fees are collected, or give a credit against the Impact Fee levied by this ordinance or some combination thereof, in the amount of the costs incurred by the developer that exceeds their contribution to such Facilities as required by this ordinance, for the design and construction of the Facility not to exceed the estimated cost of that particular Facility as included in the calculation and updating of the Impact Fee. The City may update the Impact Fee calculation, as City deems appropriate prior to making such offer. This duty to offer to give credit or reimbursement shall be independent of the developer's obligation to pay the Impact Fee. SECTION 17. Voluntary Construction of a Portion of the Facilities; Duty of City to Tender Reimbursement Offer. if a developer is willing and agrees in writing to design and construct a portion of the Facilities in conjunction with the prosecution of a development project within the Territory, the City may, as part of a written agreement, reimburse the developer from the Fund either in cash or over time as Fees are collected, or give a credit against the Impact Fee levied by this ordinance or some combination thereof, in the amount of the costs incurred by the developer that exceeds their contribution to such Facilities as required by this ordinance, for the design and construction of the Facility not to exceed the estimated cost of that particular Facility as included in the calculation and updating of the Impact Fee and in an amount agreed to in advance of their expenditure in writing by the City. The City may update the Impact Fee calculation, as City deems appropriate prior to Urgency Ordinance Page 9 making such offer. This duty to extend credits or offer reimbursement shall be independent of the developer's obligation to pay the Impact Fee. SECTION 18. Procedure for Entitlement to Reimbursement Offer. The City's duty to extend a reimbursement offer to a developer pursuant to Section 15 or 16 above shall be conditioned on the developer complying with the terms and conditions of this section: Written authorization shall be requested by the developer from the City and issued by the City Council by written resolution before developer may incur any costs eligible for reimbursement relating to the construction of the Facilities, excluding any work attributable to a specific subdivision project. The request for authorization shall contain the following information, and the City may from time to time request such other information as: (1) Detailed descriptions of the work to be conducted by the developer with the preliminary cost estimate. If the Council grants authorization, it shall be by written agreement with the Developer, and on the following conditions among such other conditions as the Council may from time to time impose: (1) Developer shall prepare all plans and specifications and submit same to the City for approval; (2) Developer shall secure and dedicate any right-of-way required for the improvement work; (3) Developer shall secure all required permits and environmental clearances necessary for construction of the improvements; (4) Developer shall provide performance bonds in a form and amount, and with a surety satisfactory to the City; (5) Developer shall pay all City fees and costs. (6) The City shall be held harmless and indemnified, and upon demand by the City, defended by the developer for any of the costs and liabilities associated with the improvements. (7) The developer shall advance all necessary funds for the improvements, including design and construction. The City will not be responsible for any of the costs of constructing the facilities. Urgency Ordinance Page 10 (8) (9) (10) (11) (12) (13) (14) The developer shall secure at least three (3) qualified bids for work to be done. The construction contract shall be granted to the lowest qualified bidder. Any claims for additional payment for extra work or charges during construction shall be justified and shall be documented to the satisfaction of the Director of Public Works. The developer shall provide a detailed cost estimate, which itemizes those costs of the construction attributable to the improvements. Soils Engineering shall be limited to 7.5 percent of the project cost, Civil Engineering shall be limited to 7.5 percent of the hard cost and landscape architecture shall be limited to 2 pement of the landscaping cost. The estimate is preliminary and subject to final determination by the Director of Public Works upon completion of the Public Facility Project. The agreement may provide that upon determination of satisfactory incremental completion of the public facility project, as approved and certified by the Director of Public Works, the City may pay the developer progress payments in an amount not to exceed 75 percent of the estimated cost of the construction completed to the time of the progress payment but shall provide in such case for the retention of 25 percent of such costs until issuance by the City of a Notice of Completion. The agreement may provide that any funds owed to the developer as reimbursements may be applied to the developer's obligations to pay the impact Fee for building permits to be applied for in the future. When all work has been completed to the satisfaction of the City, the developer shall submit verification of payments made for the construction of the project to the City. The Director of Public Works shall make the final determination on expenditures, which are eligible for reimbursement. After final determination of expenditures eligible for reimbursement has been made by the Public Works Director, the parties may agree to offset the developer's duty to pay Impact Fees required by this ordinance against the City's duty to reimburse the developer. After offset, if any funds are due the developer under this section, the City may at its option, reimburse the developer from the Fund either in cash or over time as Fees are collected, or give a credit against the Impact Fee levied by this ordinance or some Urgency Ordinance Page 11 combination thereof, in the amount of the costs incurred by the developer that exceeds their required contribution to such Facilities as required by this ordinance, for the design and construction of the Facility not to exceed the estimated cost of that particular Facility as included in the calculation and updating of the Impact Fee and in an amount agreed to in advance of their expenditure in writing by the City. (15) A developer may transfer a credit against the Impact Fee to another developer with the written approval of the Director of Public Works in the Director's sole discretion. SECTION 19. Procedure for Fee Modification. Any developer who, because of the nature or type of uses proposed for a development project, contends that application of the Impact Fee imposed by this ordinance is unconstitutional or unrelated to mitigation of the burdens of the development, may apply to the City Council for a waiver or modification of the Impact Fee or the manner in which it is calculated. The application shall be made in writing and filed with the City Clerk not later than ten days after notice is given of the public hearing on the development permit application for the project, or if no development permit is required, at the time of the filing of the building permit application. The application shall state in detail the factual basis for the claim of waiver or modification, and shall provide an engineering and accounting report showing the overall impact on the DIF and the ability of the City to complete construction of the Facilities by making the modification requested by the applicant. The City Council shall make reasonable efforts to consider the application within sixty days after its filing. The decision of the City Council shall be final. The procedure provided by this section is additional to any other procedure authorized by law for protection or challenging the Impact Fee imposed by this ordinance. SECTION 20. Fee Applicable to Public Agencies. Development projects by public agencies, including schools, shall not be exempt from the provisions of the Impact Fee. SECTION 21. Assessment District. If any assessment, community thcilities district or special taxing district is established to design, construct and pay for any or all of the Facilities ("Work Alternatively Financed"), the owner or developer of a project may apply to the City Council for reimbursement from the Fund or a credit in an amount equal to that portion of the cost included in the calculation of the Impact Fee attributable to the Work Alternatively Financed. In this regard, the amount of the reimbursement shall be based on the costs included in the Report, as amended from time to time, and therefore, will not Urgency Ordinance Page 12 include any portion of the financing costs associated with the formation of the assessment or other special taxing district. SECTION 22. Time Limit for Judicial Action. Any judicial action or proceeding to attack, review, set aside, void or annul this ordinance shall be brought within the time period as established by law. In accordance with Government Code Section 66020(d)(1), the ninety-day approval period in which parties may protest begins upon the effective date of this ordinance. SECTION 23. Other Not Previously Defined Terms. For the purposes of this ordinance, the following words or phrases shall be construed as defined in this Section, unless from the context it appears that a different meaning is intended. (a) "Building Permit" means a permit required by and issued pursuant to the Uniform Building Code as adopted by reference by this City. (b) "Developer" means the owner or developer of a development. (c) "Development Permit" means any discretionary permit, entitlement or approval for a development project issued under any zoning or subdivision ordinance of the City. (d) "Development Project" or "Development" means any activity described in Section 66000 of the State Government Code. SECTION 24: Expiration of this ordinance This ordinance shall be of no further force and effect 30 days after its adoption. SECTION 25: Effective Date John P. Lippitt Public Works Director This Ordinance shall become effective immediately upon four-fifths vote. Presented by Approved as to form by John~l~. ~['~heny f City Attorney COUNCIL AGENDA STATEMENT Item ~ Meeting Date rJ~nem~l, 1 7. ~ ITEM TITLE: SUBMITTED BY: REVIEWED BY: PUBLIC HEARING: Regarding the Proposed Assessment of Certain Delinquent Sewer Service Charges as Recorded Liens Upon the Respective Owner Occupied Parcels of Land and Placement of Delinquent Charges on the Next Regular Tax Bill for Collection RESOLUTION No. Assessing Delinquent Sewer Service Charges as Recorded Liens Upon the Respective Owner Occupied Parcels of Land and Approving Placement of Delinquent Charges on the Next Regular Tax Bill Assistant City Manager Powell I~ Mana~er~,P~,~' City u ,.~ (4/5ths Vote: Yes No X ) In order to adequately protect the City's interest in delinquent sewe~ service charges and insure that collection efforts are directed towards the responsible property owner in the event of a change in ownership, staff is recommending approval for liens against affected properties as a preliminary action to placing the delinquencies on the property tax rolls if they remain unpaid. Adoption of this resolution will enhance the collection process for delinquent sewer service charges by ensuring that the correct property owners are charged and that payment is received on a more timely basis. This is the identical process approved by City Council since August 1998. RECOMMENDATION: That Council open the public hearing to consider assessing delinquent sewer service charges as recorded liens on the affected properties, consider all testimony, and adopt the resolution overruling all protests and assessing these charges as liens upon the respective owner occupied parcels of land. BOARDS/COMMISSIONS RECOMMENDATIONS: Not applicable. DISCUSSION: The Chula Vista Municipal Code Section 13.14.150 allows delinquent sewer service charges to be assessed as recorded liens upon the affected properties and ultimately placed on the property tax bills for collection. The ordinance states that upon Page 2, Item_ Meeting Date I')~n~mh~r notification of the property owners, a public hearing is set for sewer service accounts which are over sixty days delinquent. At the hearing the City Council considers the delinquent accounts together with any objections or protests by interested parties. At the conclusion of the hearing, the City Council, may either approve the delinquency and amount owed on the accounts as submitted or as modified or corrected by the City Council. Lastly, the City Council adopts a resolution assessing such amounts as liens upon the respective parcels of land, and the amounts are charged to the property owners on the next regular property tax bill. Because charges can only be submitted for placement on the property tax bills once a year in August, staff is recommending assessing liens on the affected properties midyear as to better ensure the City's chances for collection. If the City were to address these delinquent charges only once a year in August, the effectiveness of using the property tax bill as a means of collection would be significantly reduced as the owners of record in August would not necessarily be the people responsible for the delinquent charges. In cases where properties are sold or transferred, assessing liens midyear holds the correct property owners responsible. In cases where property owners choose to refinance their mortgages, the midyear liens will ensure that the City would receive payment on a more timely manner as the delinquent sewer service charges would be paid through escrow during the refinancing process. In July 2002, City Council approved 201 delinquent sewer service accounts valued at 981,829 to be placed on the current property tax bill. These delinquent accounts were removed form the City's bimonthly sewer bills once they were transferred to the property tax bills. Staff has currently identified 113 owner occupied accounts totaling 942,823 as being over 60 days delinquent (listing available at the City Clerk's office). Many of these property owners have gone through this lien process previously as they continue to leave their sewer service accounts unpaid. These property owners have been notified of their delinquencies, and three weeks ago, they were notified of the public hearing and were asked to pay their delinquent sewer service charges prior to this public hearing to avoid a lien being placed on their property. Payment arrangements will be set up as needed, and staff will continue to update this list as payments are received and accounts are cleared. A final list will be submitted to the City Council for consideration as soon as all payments are recorded. Staff is recommending that the City Council approve the final list of delinquent sewer accounts as submitted, and that these charges be forwarded to the County and assessed as recorded liens on the respective owner occupied parcels of land and ultimately placed on the next regular tax bill for collection. Page 3, Item_ t~ Meeting Date I~t'~mhe? 17. _~1(12 FISCAL IMPACT: By placing delinquent sewer service charges on the property owner's regular tax bill, over $56,000 in additional sewer fund revenues have been recovered for FY 01-02. For FY 02-03, an estimated $75,000 in additional sewer fund revenues should be recognized from these collection methods. RESOLUTION NO RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA FOR ASSESSING DELINQUENT SEWER SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE OWNER OCCUPIED PARCELS OF LAND AND APPROVING PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION WHEREAS, in order to adequately protect the City's interest in delinquent sewer service charges and insure that collection eflbrts are directed towards the responsible property owner in the event of a change in ownership, staff is recommending approval for liens against affected properties as a preliminary action to placing the delinquencies on the property tax rolls if they remain unpaid. WHEREAS, In July 2002, City Council approved 201 delinquent sewer service accounts valued at $81,829 to be placed on the current property tax bill. Staff has currently identified 113 owner occupied accounts totaling $42,823 as being over 60 days delinquent; and WHEREAS, the Staff is recommending that the City Council approve the final list of delinquent sewer accounts as submitted, and that these charges be forwarded to the County and assessed as recorded liens on the respective owner occupied parcels of land and ultimately placed on the next regular tax bill for collection; and WHEREAS, the City Council of Chula Vista opened the public hearing tS consider assessing delinquent server service charges as recorded liens on the affected properties, considered all testimony; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby adopt the resolution overruling all protests and assessing these charges as Iiens upon the respective owner occupied parcels of land. Presented by Approved as to form by Robert Powell Director of Finance ~eny £~y Attorney J:',attorncy\reso',deliq sewc~ srvc chgs -=t -KW\ i!. I P 196tad COUNCIL AGENDA STATEMENT Item: Meeting Date: 12/17/02 ITEM TITLE: SUBMITTED BY: REVIEWED BY: PUBLIC HEARING: TO NOTICE THE USE OF FY 02 - 03 COPS FUNDING PER THE CITIZENS OPTION FOR PUBLIC SAFETY FOR LOCAL LAW ENFORCEMENT SERVICES RESOLUTION ACCEPTING $379,186 FROM STATE COPS FOR LOCAL LAW ENFORCEMENT AND AMENDING THE FY 02 03 BUDGET TO APPROPRIATE $23,590 FOR THE LOCAL LAW ENFORCEMENT BLOCK GRANT (LLEBG) LOCAL MATCH AND AUTHORIZING STAFF TO DESIGNATE THE REMAINING FUNDS $355,596 FOR OPERATIONAL EQUIPMENT AND PROACTIVE OVERTIME NEEDS AND AUTHORIZING THE CHIEF OF POLICE TO UTILIZE (REPROGRAM) SAVINGS RESULTING FROM THE EQUIPMENT PROCUREMENT PROCESS FOR ADDITIONAL UNSPECIFIED OFFICER SAFETY EQUIPMENT AND SUPPLIES. Chief of Polic~ [" 9~ (4/5ths Vote: Yes X No .) City Manage ~ __ The Police Department received $379,186 through State COPS for Local Law Enforcement funding. State money is allocated to the Police Department for purposes stipulated by the Citizen's Option for Public Safety (COPS) Program. The Police Department proposes to use the funds to meet operational Department equipment needs as well as the local cash match requirement for the Local Law Enforcement Block Grant. RECOMMENDATION: 1. That Council hold a public hearing to notice the use of COPS funding to pay for police equipment; and, That Council adopt the Resolution accepting $379,186 from the State COPS and appropriate $23,590 for the Local Law Enforcement Block Grant (LLEBG) local match and authorize staff to designate the remaining $355,596 for operational equipment and 3roactive overtime needs; and, Page 2, Item ~ Meeting Date: 12/17/02 3. That the Council authorize the Chief of Police to reprogram savings resulting from the equipment procurement process for additional officer safety equipment and resources. BOARDS/COMMISSIONS RECOMMENDATIONS: The State appropriation requires a Regional Oversight Committees' approval of the funds prior to disbursement. In accordance, an Oversight Committee was established in San Diego County. The Committee recommends approval of the State Local Law Enforcement funds as proposed. The San Diego County Oversight Committee is comprised of the following: Municipal Police Chief County Sheriff District Attorney County Administrative Officer City Manager Richard P. Emerson William B. Kolender Paul Pfingst Walter Ekard Michael T. Uberuaga BACKGROUND: During FY 96 - 97 the State appropriated funds for local law enforcement services per AB 3229, Chapter 134, Statutes of 1996. In accordance with this legislation, the State has appropriated funds annually to local law enforcement agencies. The City of Chula Vista's proportionate share of these funds for FY 2002 is $379,186. These funds are to be deposited in the City's Supplemental Law Enforcement Fund and used for law enforcement personnel and equipment needs as prescribed by the original legislation (AB 3229). Use of these funds must supplement and not supplant. These funds have a twenty-five percent (25%) in kind contribution requirement. In kind funds will be staff time associated with procurement, automation, and training of personnel. The allocation of future funds is subject to annual state budget deliberations. DISCUSSION The Police Department recommends that the City Council accept the State allocation and approve use of the funds for equipment costs related to the expansion of police services as stipulated by the Citizens' Option for Public Safety (COPS) Program. The Department proposes to use the funds to purchase necessary equipment to enhance service delivery and improve the effectiveness of the department. Staff recommends that these funds be used for necessary operational equipment. After reviewing equipment needs staff identified a list of necessary equipment; in general these items fall into two major categories - technology and equipment. With a few exceptions none of this Page 3, Item I c~ Meeting Date: 12/17/02 equipment is significantly expensive and is mostly operational equipment. The exceptions include a firearms training simulator (FATS), which is estimated at $100,000, that will allow for better firearms training of sworn personnel. Other equipment needs include an additional Patrol vehicle ($40,000) for Traffic as well as a replacement undercover vehicle ($20,000) for the Special Investigations Unit. The Department will also continue its efforts with problem oriented policing (POP) projects by designating $15,000 for proactive overtime and $28,000 to implement recommendations from current POP projects. Further Staff recommends meeting the local match requirement of $23,590 for the Local Law Enforcement Block Grant, which was accepted earlier this year, with SLESF funding. The match will be used to purchase additional equipment for the Crime Lab. FISCAL IMPACT: Acceptance of the State COPS funding would make $379,186 available for local law enforcement needs. These funds are proposed to be used for operational equipment, overtime, and to meet the local match requirement for the Local Law Enforcement Block Grant. In general the equipment to be purchased are one- time expenditures and result in no impact to the General Fund. State COPS funds have a 25% in kind contribution requirement. The in kind contribution will be staff time associated with automation, hiring and training of new personnel. Consistent with grant requirements, the funds are recommended to be used to supplement local law enforcement and not supplant existing funds. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $379,186 FROM STATE COPS FOR LOCAL LAW ENFORCEMENT AND AMENDING THE FY 02 - 03 BUDGET TO APPROPRIATE $23,590 FOR THE LOCAL LAW ENFORCEMENT BLOCK GRANT (LLEBG) LOCAL MATCH AND AUTHORIZING STAFF TO DESIGNATE THE REMAINING FUNDS $355,596 FOR OPERATIONAL EQUIPMENT AND PROACTIVE OVERIME NEEDS AND AUTHORIZING THE CHIEF OF POLICE TO UTILIZE (REPROGRAM) SAVINGS RESULTING FROM THE EQUIPMENT PROCUREMENT PROCESS FOR ADDITIONAL UNSPECIFIED OFFICER SAFETY EQUIPMENT AND SUPPLIES. WHEREAS, the Fiscal Year 2002/2003 State of California Budget was adopted appropriating $379,186 to the City of Chula Vista Police Department through the Citizens' Option for Public Safety (COPS) Program; and WHEREAS, said program allocates state money to the Police Department for purposes stipulated by the COPS Program; and WHEREAS, the City Council held a public hearing to discuss use of COPS funding to pay for police services; and WHEREAS, $23,590 will be used to meet the Local Law Enforcement Block Grant (LLEBG) local match and $355,596 will be designated for operational equipment and proactive overtime; and WHEREAS, if savings result from the equipment procurement process, it is recommended that the Chief of Police be authorized to utilize savings for additional unspecified officer safety equipment and supplies. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby accept $379,186 from State COPS for local law enforcement and amends the FY 02 - 03 budget to appropriate $23,590 for the Local Law Enforcement Block Grant (LLEBG)local match and authorizing staff to designate the remaining funds, $355,596, for operational equipment and proactive overtime needs and authorizing the Chief of Police to utilize (reprogram) savings resulting from the equipment procurement process for additional unspecified officer safety equipment and supplies. ~Pr y: ~c ard . Emerson Police Chief John M. Kah~ City Attorney CITY COUNCIL AGENDA STATEMENT Item: ~ ~3 Meeting Date: 12/17/02 ITEM TITLED: Public Hearing: Consideration of a Conditional Use Permit to allow the construction and operation of an interim subdivision home finding center at the northeast comer of Mt. Miguel Road and Proctor Valley Road within the San Miguel Ranch Planned Community. Resolution approving a Conditional Use Permit to allow the construction and operation of an interim subdivision home finding center at the northeast comer of Mt. Miguel Road and Pro~lley Road. SUBMITTED BY: Director of Planning and Building~ BY: City Manage~-~ ~~(4/5ths Vote: Yes No X~ REVIEWED The applicant, Trimark Pacific Homes, has submitted an application requesting approval of a Conditional Use Permit for an interim subdivision home-finding center and associated parking facility on a designated community purpose facility site. The home-finding center is a permitted interim use subject to approval by the City Council (Section 19.48.025 (E) of the Chula Vista Municipal Code). The proposed interim subdivision home-finding center will be located at the north_east comer of Mt. Miguel Road and Proctor Valley Road in the San Miguel Ranch Planned Community (see Locator Map). The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the project will not have a significant effect on the environment because the development of the site with the type of project proposed has been addressed by the San Miguel Ranch Final Subsequent Environmental Impact Report (FSEIR) 97-02. RECOMMENDATION: Adopt the attached Resolution approving the proposed Conditional Use Permit in accordance with the findings and subject to the conditions contained therein. BOARDS AND COMMISSION RECOMMENDATION: On November 20, 2002, the Planning Commission voted 6-0 (1 seat vacant) to recommend that the City Council approve the Conditional Use Permit subject to the conditions contained therein. DISCUSSION: 1. Background: Page No. 2, Item: ~.~C~ Meeting Date: 12/17/02 In 1991, the City Council adopted an ordinance which requires that planned communities provide and designate a minimum of 1.39 acres of land per thousand population for Community Purpose Facilities (CPF). The ordinance provides that several community purpose land uses, as listed in CVMC Section 19.48.025 (C), may be permitted by conditional use permit (CVMC Section 19.48 was revised in July 2002). The ordinance also contains other provisions allowing interim uses, subject to certain findings and approval ora conditional use permit by the City Council. The findings for interim uses are established to ensure that the community purpose facility sites are available for non-profit organizations and ensure compatibility of the project with land uses in the surrounding area. 2. Site Characteristics The proposed San Miguel Ranch home-finding center building will be located at the north-east comer of Mt. Miguel Road and Proctor Valley Road on the northwest portion of the 3.1 acre, CPF Lot "M" of the San Miguel Ranch Planned Community. The site currently contains a temporary home-finding center operating out of a trailer, and a 12-space parking lot, which has been permitted pursuant to Temporary Use Permit PCC 02-88. Adjacent land uses include a future commercial shopping center which will be located to the south across Proctor Valley Road; an open space preserve located to the north and east of the site; and an existing residential neighborhood is located to the west, across Mt. Miguel Road. 3. Proiect Description The home-finding center will be 1,495 square feet in size, 1-story, and 22-feet high. The project will utilize the existing 12-space parking lot. The facility also includes large outdoor landscaped plazas in the front and rear (see Figure 2). The home-finding center will be designed in the Spanish/Mediterranean Style (see Figure 4). The project is also required to obtain Design Review approval by the Zoning Administrator. The home-finding center will operate from 9:00 am to 6:00 pm, 7 days a week. There will be a maximum of 3 employees working at one time. The facility will be in operation for a maximum of 5 years, or until the San Miguel Ranch project is built out, whichever occurs first. However, the City Council may provide a one-year notice of intent to terminate said conditional use permit at any time during this five year period. 4. Analysis: A request for approval of a Conditional Use Permit for the interim use ora CPF site is subject to compliance with the criteria specified in CVMC Section 19.48.025 (E). Staff has analyzed the project's consistency with the criteria and determined that the project is in substantial compliance with all of them. The following is a summary of the criteria and findings: The first finding requires that the CPF land use district be established a minimum of 3 years prior to Page No. 3, Item: ~.~-~ Meeting Date: 12/17/02 consideration of an interim use permit. The CPF land use designation on this site was established on October 19, 1999. Since then, the site has been graded and is available for non-profit organizations, but them is no such use on the site at this time. The project has been conditioned to continue marketing the site for a permanent CPF use concurrent with the interim use. The second finding is that the interim use is not residential. This finding can be made because the interim use is a home-finding center, and not a residential use. The third finding requires that the interim use be compatible with the surrounding land uses. The project site is surrounded by streets on two sides( Proctor Valley Road to the south and Mount Miguel Road to the west). The nearest residential development is approximately 250 feet from the proposed home-finding center, and about 20 feet above Mt. Miguel Road and Proctor Valley Road. In addition, the interim subdivision home-finding center design uses colors and materials which are consistent with the residential development. The fourth finding, that a CPF use is not imminent at the time the application is filed because staffis not aware of any non-profit organizations interested in the site at this time. The fifth finding, that the use will terminate within five years of issuance of the permit unless the Council provides one years notice of intent to terminate the permit, can be made because the applicant has agreed to this requirement, and a condition of approval has been included in the resolution. The sixth finding, that the denial of the interim use would constitute a hardship to the landowner, can be made because the applicant and City staff have reviewed altemative sites for the home-finding center, and have concluded that there are no feasible alternative locations. Denial of this request would therefore create a hardship for the applicant. The seventh finding, requiring that the design of the site and permanent structures be a conceptual component ora permanent CPF use, can be made because the project has been designed to locate the interim subdivision home-finding center on a small portion of the site. In staff's opinion, the building and parking arrangement within the overall site, and the interior design of the building, provides ample opportunity to integrate the home-finding center structure into a permanent CPF land use project. Conclusion: For the reasons stated above, staff recommends that the City Council approve the proposed Conditional Use Permit in accordance with the findings and subject to the conditions contained in the attached resolution. FISCAL IMPACT: There is no fiscal impact to the City because the cost of processing this amendment has been paid by the applicant, Trimark Pacific Homes. Attachment: B. C Planning Commission Resolution and Minutes Figures (I) Site Plan (2) Concept Landscape Plan (3) Elevation (4) Floor Plan Ownership Disclosure Form (h:\planning\rlchardz\pcc03 -37ccreport.doc ) Page No. 4, Item: Meeting Date: 12/17/02 SAN MIGUEL RANCH PROJECT ROLLING HILLS RANCH CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT PROJECT DESCRIPTION: APPLICANI~ TRIM^RK PACIFIC HOMES (~ CONDITIONAL USE PERMIT PROJECT ADDRESS: 491 MOUNT MIGUEL ROAD Request: Proposed 1,500 square feet information center for San Miguel Ranch. SCALE: FILE NUMBER: Related Case: IS-03-011, DRC-03-28, NORTH No Scale PCC-03-37 CSDAlFILE\[ocators\PCC0337.cdr 11/18/02 2-~)- ~ ATTACHMENT A RESOLUTION NO. PCC-03-37 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMlVIISSION RECOIVIMENDING THAT THE CITY COUNCIL APPROVE CONDITIONAL USE PERMIT PCC 03-37 FOR THE SAN MIGUEL RANCH HOME-FINDING CENTER WHEREAS, on October 21, 2002, a duly verified application was filed with the City of Chula Vista Planning Depashuent by Trimark Pacific Homes ("Developer"), requesting approval of a Conditional Use Permit for the San Miguel Ranch Home-Finding center as an interim use of a community purpose facility site pursuant to the Chula Vista Municipal Code Section 19.48.025 (e); and, WHEREAS, the area of land which is the subject matter of this Resolution is diagrammatically represented on Exhibit "A" and commonly known as San Miguel Ranch Home- Finding Center for the general description herein consists of approximately 3.1 acres planned for community purpose facility development; and, WHEREAS, the Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity will not have a significant effect on the environment because the development of the site with the type of project proposed has been addressed by the San Miguel Ranch Final Subsequent Environmental Impact Report (FSEIR) 97-02. WHEREAS, the Planning Commissionhaving received certain evidence on November 20, 2002, as set forth in the record of its proceedings herein by reference as is set forth in full, made certain findings, as set forth in their recommending Resolution PCC-03-37 herein, and recommended that the City Council approve the Project based on certain terms and conditions; and, WHEREAS, the Planning Director set the time and place for a heating on the Project, and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general cimulation in the city and its mailing to property owners 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., November 20, 200.2; 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 recommends that the City Council adopt the attached Draft City Council Resolution approving the Project in accordance with the findings and subject to the conditions contained therein. 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 20th day of November, 2002, by the following vote, to-wit: AYES: Hall, Madrid, O'Neill, Cortes', Castaneda, Hom NOES: ABSENT: ATTEST: Russ ~Iall, Chairperson Diana Vargas, Secretary .... INFORt~TION OEN1ER FIGURE 1 LANDSCAPE CONCEPT SAN MIGUEL CHULA VISTA, CALIFOKNL~ 009 .... ~ 009: CONCEPTUAL PLANT FIGURE 2 I~Z ccc ~z zz zzi~p_- z z z~l i ' 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: List the names of all persons having financial interest in the property which is the subject of the application or the cgntra~ct, e;g., owner applicant, contractor, subcontractor, matedal supplier. 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. 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, Have you had more than $250 worth of business transacted with any member of the City s, ta)ff, Boards, Commissions, Committees, and Council within the past twelve months? Yes No If yes, please indicate person(s): 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. / Date: 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): (NOTE: ATTACH ADDITIONAL PAGES AS NECESSARY) ~plicant Print or type name of co~/actor/applicant * Person is defined as' "Any individual, firm, co-partnership, joint venture, association, social ciub, freaternal organization, corporation, estate, trust, receiver, ryndlcate, this and any other county, city and country, city municipali~_', d~strict, or other political subdivision, or an), other group or combination acting, as a unit" ~2-~ -- ~ ATT 3, CIAMFNIT RESOLUTION NO. RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW THE CONSTRUCTION AND OPERATION OF AN INTERIM SUBDIVISION HOMEFINDING CENTER AT THE NORTHEAST CORNER OF MOUNT MIGUEL ROAD AND PROCTOR VALLEY ROAD. I. RECITALS A. Project Site WHEREAS, the area of land which is the subject matter of this Resolution is diagrammatically represented in Exhibit "A" and commonly known as Planning Area M designated CPF, Community Purpose Facility, and for the purpose of general description, herein consists of 4.6 acres at the northeast comer of Mount Miguel Road and Proctor Valley Road, within the San Miguel Ranch Planned Community ("Project Site"); and, B. Project; Application for Discretionary Approval WHEREAS, on October 21, 2002 a duly verified application was filed with the City of Chula Vista Planning and Building Department by Trimark Pacific Homes; requesting approval of a conditional use permit to allow the construction and operation of an interim subdivision home- finding center ("Project") and, C. Prior Discretionary Approvals WHEREAS, the development of the Project Site has been the subject matter of a prior Sectional Planning Area (SPA) plan including Planned Community (PC) District Regulations previously approved by City Council Resolution 19631 and Ordinance No. 2799 on October 19, 1999; and, WHEREAS, the development of the Project Site has been the subject matter ora Third-tier, Final Subsequent Environmental Impact Report (FSEIR) EIR-97-02 previously certified by City Council Resolution 19630 on October 19, 1999; and WHEREAS, this Third-tier FSEIR incorporates by reference two prior EIRs: the original Rancho San Miguel Ranch General Development Plan FE1R-90-02, certified by the City Council on March 23, 1993; and the San Miguel Ranch General Plan Amendment / General Development Plan Amendment FSEIR-95-04, certified by the City Council on December 17, 1996; as well as their associated Findings of Fact, and Mitigation Monitoring and Reporting Programs; and, D. Planning Commission Record on Applications Resolution Page 2 WHEREAS, the Planning Commission held an advertised public heating on the Project on November 20, 2002, and after staff presentation and public testimony, voted 6-0 (1 seat vacant) to recommend that the City Council approve the Project, in accordance with the findings and subject to the conditions listed below; and, E. City Council Record of Applications WHEREAS, the City Clerk set the time and place for a hearing on said Conditional Use Permit 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 and residents 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 December 10, 2002 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter closed; and, WHEREAS, the City Council considered all reports, evidence, and testimony presented at the public hearing with respect to subject application. II. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing on the Project held on November 20, 2002, and the minutes and resolutions resulting there from are hereby incorporated into the record of this proceeding. IlL PREVIOUS FSELR#97-02 REVIEWED AND CONSIDERED; FINDINGS; APPROVALS The City Council of the City of Chula Vista has previously reviewed, analyzed, considered, and certified FSE1R#97-02 (San Miguel Ranch SPA Plan/Tentative Map). IV. COMPLIANCE WITH CEQA The Environmental Review Coordinator prepared an Initial Study (IS 03-011) and has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the project will not have a significant effect on the environment because the development of the site with the type of development proposed has been addressed by the San Miguel Ranch Final Subsequent Environmental Impact Report (FSEIR) 97-02; and V. INDEPENDENT JUDGMENT OF CITY COUNCIL The City Council finds that the proposed project has been reviewed in accordance with the California Environn~ental Quality Act, and the Environmental Review Procedures of the City of Chula Vista, and that the City Council finds that the project will not have a significant Resolution Page 3 effect on the environment because the development of the site with the type of development proposed has been addressed by the San Miguel Ranch Final Subsequent Environmental Impact Report (FSE1R) 97-02, and as such reflects the independent judgment of the City Council of the City of Chula Vista; and VI. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL FINDS AS FOLLOWS: That the proposed use at this location is necessary or desirable to provide a service or facility which will contribute to the general well being of the neighborhood or the community. The project will allow the applicant to provide information to the public regarding the San Miguel Ranch Planned Community. In the long term, the facility can be adapted to use as a Community Purpose Facility such as a church, daycare or community meeting facility. That such use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. The project contains adequate parking and landscaping, and the architectural design complies with the San Miguel Ranch Design Guidelines. In addition, the site is separated from residential uses by streets and open space. The number of employees, hours of operation, and general public visiting the site will not be detrimental to the health, safety, and general welfare of the persons residing and working in the vicinity. Thus, the project will be compatible with the surrounding neighborhood. That the use will comply with the regulations and conditions specified in the code for such use. o VII. The project conditions require the operation to be in continuing compliance with all codes and regulations, as applicable. That the granting of the Conditional Use Permit will not adversely affect the General Plan of the City or the adopted ,olan of any governmental agency. The project implements the General Plan, and San Migue! Ranch GDP and SPA Plan by providing an interim use facility, and therefore it will not alter the land use patterns or in any way adversely effect the implementation of the General Plan. BE IT FURTHER RESOLVED THAT THE CITY COUNCIL FINDS PURSUANT TO C.V.M.C 19.48.025(E), AS FOLLOWS: Resolution Page 4 That the CPF land use designation was established at least three years prior to the consideration of any interim use, and the applicant agrees to continue marketing the site for a permanent CPF use concurrent with the interim use. The CPF land use designation on this site was established on October l 9, 1999. Since then, the site has been graded and is available for non-profit organizations. The project has been conditioned to continue marketing the site for a permanent CPF use concurrent with the interim use. 2. That the interim use is not a residential use. The home-finding center is not a residential use. 3. That the interim use is compatible with surrounding land uses. The project site is surrounded by streets on two sides( Proctor Valley Road to the south and Mount Miguel Road to the west). The nearest residential development is approximately 250 feet from the proposed home-finding center, and about 20 feet above Mt. Miguel Road and Proctor Valley Road. In addition, the interim subdivision home-finding center design uses colors and materials consistent with the residential development, and staffis not aware of any non-profit organizations interested in the site at this time. However, as prescribed in the Chula Vista Municipal Code, one of the conditions of approval requires that the applicant continue marketing the site during the five year period of the interim use. That a community purpose facility (CPF) use ia' not imminent at the time the application for the conditional use permit is filed. No community purpose facility use of the site has been proposed as of the date of this resolution. That the interim use will terminate within five years of issuance of said permit unless the City Council provides one years notice of intent to terminate said conditional use permit. The applicant has agreed to this requirement, and a condition of approval has been included in the Conditional Use Permit. 6. That the denial of the interim use would constitute a hardship to the landowner. The applicant and staff have discussed alternative sites for the home-finding center, and have concluded that there are no feasible alternative locations. Denial of this request would create a hardship for the applicant. Resolution Page 5 That if the interim use structure is designed as a permanent building, the site design, floor plan and building design is planned as a conceptual component of a permanent, permitted CPF use complex. The project has been designed to locate the interim subdivision home-finding center on a small portion of the site, In staff's opinion, the building and parking arrangement within the overall site provides ample opportunity to integrate the home-finding center structure into a permanent CPF land use project. VIII. BE IT FURTHER RESOLVED THAT THE CITY COUNCiL IN LIGHT OF THE FINDiNGS ABOVE, hereby grants approval of the Conditional Use Permit subject to compliance with the following conditions prior to the issuance of the building permit for the project, unless otherwise specified below: Comply with all City ordinances, standards, and policies except as otherwise provided in this Resolution. Any violation of City ordinances, standards, and policies, or any condition of approval of this Conditional Use Permit, or any provision of the Municipal Code, as determined by the Director of Planning, shall be sufficient grounds for revocation or modification of this Conditional Use Permit by the City of Chula Vista. This document shall be recorded with the County Clerk of the County of San Diego, at the sole expense of the property owner and/or applicant, and a signed stamped copy returned to the Planning and Building Department. Failure to return a signed copy and stamped copy of this recorded document within thirty days of recordation to the Planning and Building Department shall indicate the property Owner's/Applicant's desire that the Project be held in abeyance without approval. The property owner shall continue to market the site as a Community Purpose Facility site concurrent with operation of the home-finding center. This interim use shall be terminated, and all signs and flags shall be removed, after the issuance of the last residential building permit in the San Miguel Ranch Project (CVT 9%04, approved by City Council 2/29/00 by Resolution 2000-068), or 5 years from the date of issuance of this permit, unless the City Council provides one year notice of intent to terminate this conditional use permit, whichever occurs first. Obtain City approval of detailed landscaping and irrigation plans and a water management plan prior to issuance of the building permit. Maintenance of the landscaping shall continue until the subject property is transferred to a new owner and landscape maintenance is assumed by the new owner. 7. Hours of operation shall be limited to 9 am to 6 pin, seven days a week. Resolution Page 6 Comply with the applicable mitigation measures contained in the San Miguel Ranch FSEIR 97-02 Mitigation Monitoring Program and the approved Wetland Mitigation Plan dated December 2000. Site lighting shall be directed downward and away from adjacent residential and biological preserve areas, to the satisfaction of the City. Permitted external site lighting is limited to lighting attached to structures and landscape lighting. Relocate the parking lot sign 5 feet from the edge of the driveway. Signs shall comply with the City's vehicle sight visibility standards. 11. Comply with City-Wide National Pollutant Discharge Elimination System CNPDES) permit requirements, to the satisfaction of the City Engineer. 12. Payment of the following fees is required prior to issuance of the building permit for the facility: a. Sewer Connection and Capacities Fees b. Development Impact Fees c. Traffic Signal Fees 13. This permit shall be subject to any and all new, modified, or deleted conditions imposed after approval of this permit to advance a legitimate governmental interest related to health, safety or welfare which City shall impose after advance written notice to the permittee and after the City has given to the permittee the right to be heard with regard thereto. However, the City, in exercising this reserved right/condition, may not impose a substantial expense or deprive permittee of a substantial revenue source, which the permittee can not, in the normal operation of the use permitted, be expected to economically recover. 14. This Conditional Use Permit shall become void and ineffective if not utilized within one year from the effective date thereof, in accordance with Section 19.14.260 of the Municipal Code. 15. The property owner shall sign this document indicating that they have each read, understood and agreed to the conditions contained herein, and will implement same. Upon execution, the original document with original signatures shall be returned to the Planning & Building Department. No building permits will be issued or other entitlements approved until the signed original has been received. Property Owner: Trimark Pacific Homes By: Resolution Page 7 Its: VIII. 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 all certificates or 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 of this Resolution. IX. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enfomeability of each and every term, provision, and condition herein stated; and that in the event that any one or more terms, provision, or conditions are determined by a Court of competent jurisdiction to 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 · ' ~"~"~ Z~~ Robert ~. Leiter Director of Pla~ing ~d Building Approved as to form by City Attorney (H 5PlanningLRichardZ~?cc03 -37CupResolution.doc) ~(I) i : ~ ~ IP'," ... ... ,,!~ -¡ ..... ..... o.~o ". ~. ''':; '" j.~...' ~ J ~ ~~~[¡" - .1'· d¡ ..... ... u' I-àt¡it ill qg ;" .". 'j! '~1· !H ~~iÍ ([) ~~¡- f¡j~ /-I :<~ î~'" ,.' ~o~[ < f1 !!. <> .g.., ì!.!l ~~ ~ Z .~, ii~ ,.. ". ô .OJ :. ~ ~ H~ !¡ i h:i d if~~ ~; fl. '< '-;1 h '. [' h.! 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" P.- ~ ð N W ¡.:, W COUNCIL AGENDA STATEMENT Item: _if ff. } Meeting Date: 12/17/02 ITEM TITLE: Public Hearing: Pre~ise Plan for a 6,600-sq. ft. satellite retail building in an existing in-line retail shopping center, located at 1210 Broadway, southwest comer of Oxford Street. SUBMITTED BY: REVIEWED BY: Resolution Of the City Council of the City of Chula Vista granting a Precise Plan to allow the development of a 6,600-sq. ft. satellite retail building in an existing shopping center, located at 1210 Broadway, southwest comer of Oxford Street. Applicant: John Ziebarth (PCM-02-22). Director of Planning and Buildin~[ CityManager~¢ ,~¥ I'- (4/SthsVote: Yes NoX) The Applicant is seeking approval of a Precise Plan pursuant to Municipal Code [Section 19.12.120, Sections 19.14.570 - 580 and Sections 19.56.040 - 048], which allows for deviations from Zoning Code as well as the Montgomery Specific Plan development standards in order to add a 6,600-sq. ft. satellite retail building within an existing in-line retail shopping center. The proposed satellite building will include a Starbuck's Caf6 with an outdoor seating area, and two new commercial tenants. Pursuant to compliance with the California Environmental Quality Act (CEQA), the Environmental Division has reviewed the proposal and found that the Precise Plan to add the satellite building is exempt per Section 15303 (c) for small new structures, and that the Planned Sign Program is also exempt per Section 15311 (a) for on-premise signs. RECOMMENDATION: Plan Zoning Permit. That the City Council approve the attached resolution for the Precise BOARDS/COMMISSIONS RECOMMENDATION: On August 19, 2002, the Design Review Committee voted (3 0 - 1 - 1 ) to recommended approval of the Precise Plan and the Planned Sign Program with the modification that a single 32-1/2-ft. multi-tenant pylon sign replace the two non- conforming 50-ft. and 30-ft. freestanding pole signs as noted in the Notice of Decision. The Applicant appealed the decision of the Design Review Committee concerning the sign program, requesting that the Planning Commission overturn the Design Review Committee's decision in order to allow for the retention of the two non-conforming pole signs. On October 23, 2002, the Planning Commission voted (5 0 0 - 2) to adopt Planning Commission Resolution PCM-02-22 and PSP-03-01, recommending the City Council approve the Precise Plan and Planned Sign Program based on the recommended findings and conditions contained in the attached draft City Council Resolution. Page2, Item: ~ Meeting Date: 12/17/02 DISCUSSION: Background The Applicant is seeking approval of a Precise Plan because of the need for some exceptions or deviations from the Design Manual, Zoning Code, and Montgomery Specific Plan in order to add a 6,600-sq. fi. commercial building to an existing shopping center. The Design Review Committee and Planning Commission review, and the City Council must approve all Precise Plans. Since the project is also located within the Montgomery Specific Plan area, the deviations allowed through the Precise Plan must be countered or compensated for by a finding that the proposed project would be "characterized by outstanding planning or urban design." On June 3, 2002 the Design Review Committee entertained a preliminary review of the proposal, xvberein it was recommended and that (1) the proposed satellite building and the existing in-line building possess similar architectural features, materials, and colors; (2) that the parking space aisles include more landscape elements, and (3) that the non-conlbrming pole signs be removed. On August 19, 2002, the Design Review Committee recommended approval of the Precise Plan based on the Applicant's response to providing improved architecture, but also required revisions to the Planned Sign Program to replace the two non-conforming 50-ft. and 30-ft. freestanding pole signs with a single 32-1/2-ft. multi-tenant pylon sign. On September 25, 2002, the Planning Connnission held the first public hearing regarding the proposal, wherein the Applicant appealed the Design Review Comnfittee's decision to replace the two non-conforming pole signs with a single multi-tenant pylon sign. Specifically, the Applicant raised concerns that the tenant utilizing the 50-ft. pole sign (Big! Lots) might raise objections to any changes to their existing signage under the terms of their lease. The Planning Commission continued to the public hearing to October 23, 2002 to allow the Applicant to confer ~vith staff'about this issue. In communications between the owner and the tenant (Big! Lots) it was discovered that they were not opposed to the proposed changes to their existing signage nor were they a party to the owner willing to withdraw the application as a result of the pylon signage proposed. As a result, the property owner indicated that it is likely that the pole sign would be removed as part of satellite building construction to be completed in mid-summer, 2003; however, the owner requested that a three-year time frame be granted to remove the pole sign in case of unanticipated delays occurring in the process of redeveloping the shopping center. As a condition of approval, a performance bond to remove the pole sign in three years would be provided to the City in the event that it was not removed prior to occupancy. The Planning Commission was presented with this proposal at the continued public hearing, and the Planning Commission subsequently recommended approval of the Precise Plan and Planned Sign Program on October 23, 2002. Page 3, ltem: ~ 1 Meeting Date: 12/17/02 Site Characteristics The project site is a portion of a parking lot in front of an existing shopping center located between two larger big box shopping centers (Target and Costco). The Brake Depot is a satellite building immediately adjacent south. A Pizza Hut is located on an out parcel at the corner of Broadway and Oxford Street. There are smaller shopping centers and apartment buildings to the east along the Broadway corridor. Further south, there is the Palomar Trolley Shopping Center. To the west there is a variety of distribution center industrial uses, mixed with some incidental commercial retail. Further west, there is the recently constructed San Diego County Health Services building, the MTDB trolley/railroad right-of-way, Industrial Boulevard, and Interstate 5 corridors. General Plan, Zoning and Land Use The General Plan and Montgomery Specific Plan designate the site as Commercial Retail and/or Mercantile and Office Commercial. The Zoning is Central Commercial with a Precise Plan modifying district. The current surrounding land use designations, zoning and existing land uses are: General Plan Land Use Designation & Montgomery Specific Plan: Zoning: Existing Land Use: North: Commercial Retail CC Costco/Price Club South: Commercial Retail CCP Target/Michael's Mercantile & Office Commercial Brake Depot East: Commercial Retail CCP Shopping Center Mercantile & Office Commercial Ritmo Latino West: Research & Limited Manufacturing ILP Distribution Center Proposal The Applicant proposes to construct a 6,600-sq. ft. satellite building in the existing parking lot, realign the existing parking configuration including landscaped planters at the ends of the parking aisles, provide a 10-ft. landscape buffer along Broadway and Oxford Streets, and provide faqade improvements to the existing in-line building. The utilization of a Precise Plan will allow for the following deviations from the Zoning Code, Page 4, Item: 31 Meeting Date: 12/17/02 Montgomery Specific Plan, and Design Manual, as long as the Precise Plan findings and Montgomery Specific Plan finding for outstanding planning and urban design can be made: 1. A reduction in the parking space requirement, so that the outdoors seating for the Starbucks is not included in the parking space evaluation. The total number of parking spaces, including a request to allow up to 20 percent to be compact space dimensioned spaces, is 307, and will meet the minimum one parking space per 200-sq. ft. retail floor ama ratio and one parking space per 2.5 seat ratio for the two restaurants (Starbucks and Pizza Hut) in the center; 2. A reduction in the Montgomery Specific Plan required 15-ft. landscape buffer along Broadway and Oxford Street to a 10-ft. landscape buffer on both streets; 3. No intermediate landscape tree wells, medians or fingers between the proposed landscape islands at the end of the parking space aisles as required by the Design Manual. In addition, the Applicant requests certain exceptions as part of the Planned Sign Program. The shopping center has two legal non-contbrming freestanding pole signs, consisting of a 50-ft. freestanding single pole sign along Broadway and a 30-ft. double pole sign along Oxford Street. The pole signs are non-conforming due to the 35-ft. height limit for poles signs and the number of pole signs, where the Zoning Code allows for only one pylon sign for parcels less than 5-acres. Non- conforming pole signs were to be removed by 1990 as part of a 15-year amortization program beginning in 1974 and extended for one year. In the Montgomery Annexation, the period would have begun in January, 1986 and ended in 2001. ANALYSIS: Zoning Code, Montgomery Specific Plan, and Design Manual The following table demonstrates the project's conformance with the development standards of the Central Commercial (CCP) Zone and the Montgomery Specific Plan (MSP). The highlighted portions of the table represent the deviations being requested through the Precise Plan: STANDARDS REQUIRED Front Building Setback: 25 feet Exterior Side Setback: 25 feet Interior Side Setback: 0 feet Rear yard setback: 0 feet MSP Landscape Buffer/Setback: 15 feet Lot Coverage: 50 percent PROPOSED 85 feet 250 feet 5 feet 30 feet 10 feet 28 percent Parking Spaces: 330 spaces 307 parking spaces (not including 23 spaces for the outdoor seating) Page 5, Item: ~1 Meeting Date: 12/17/02 Maximum Building Height: 45 feet 25 feet The Design Review Committee and Planning Commission recommended approval of the reduction from the required 15-ft. landscape buffer along Broadway and Oxford Street to 1 O-ft., as well as the reduction in the parking space requirements in order to allow the outdoor patio seating for the proposed Starbucks caf& There are 14 tables with 4 seats each, for a total of 56 seats designated for outdoor seating. Typically all fixed seating is included in the parking space evaluation, whether it is indoors or outdoors, and the requirement is 1 parking space per 2-1/2 seats. In addition, although not listed in the table, the Design Manual recommends that intermediate landscaping or tree wells within parking space areas be provided, and the Applicant proposed not to include any intermediate landscaping. The Design Review Committee and Planning Commission concurred to allow for this deviation as part of the Precise Plan. Parking Lot The site plan represents a dramatic improvement to the existing circulation system for vehicles, which currently has a non-conforming layout with regards to driveway aisles and parking space dimensions. For example, the existing two-way drive aisles access single and double loaded parking spaces from the left instead of the right, creating a haphazard condition and the potential for poor traffic circulation. The angled parking aisles will now be uniform and conform to City standards for right-turn in only circulation within two-way driveway aisles shared with perpendicular parking spaces or one-way driveway aisles for two-sided angled parking. Site Plan The revised parking lot layout will include landscaped aisle ends but no intermediate tree wells. Staff originally recommended the inclusion of intermediate tree wells, stating that tree wells would not adversely affect the layout or number of parking spaces anymore than the existing parking light poles to be retained, and would make the project more consistent with the adjacent TargeffMichael's shopping center parking lot. However, the Applicant's request to not include intermediate tree wells, due to the additional cost, was upheld by the Design Review Committee and the Planning Commission concurred. Landscaping It appears that the reduction from Montgomery Specific Plan landscape buffer along Broadway and Oxford Street from 15-ft. to 10-ft. would be acceptable. The 10-ft. depth of the landscape buffer along Broadway would match the existing Target/Michael's shopping center, to be provided as part of their current renovation plans within the shopping center along the remaining portion of Broadway. Staff believes that a reduction in the street landscaping requirement can be acceptable in instances Page 6, Item: ~I Meeting Date: 12/17/02 such as this where existing shopping centers are upgrading and have limited opportunities to provide the full width landscape buffer without impacting some other requirement such as parking. In addition, there is currently a row of palm trees within the Broadway right-of-way that will help to enhance the 1 O-ft. proposed. There is also a 15-ft. landscape buffer in from of Pizza Hut on the corner, and 1 O-fi. of right-of-way along Oxford Street to add to the 1 O-ft. proposed along Oxford Street. Therelbre the buffer will appear to satisfy the intent of the Montgomery Specific Plan. Of note, the proposed on-site landscaping is less than 10 pement required for all parking areas and less than the 15 percent required for the overall site as recommended by the Design Manual. However, if the existing landscaping in front of the Pizza Hut and the 1 O-ft. depth located within the public right-of-way were included, the landscaping quantities would be met. In this case, the existing palm trees on Broadway and existing shrubbery within the Oxford Street right-of-way will compliment the proposed 1 O-ft. landscape buffers. In addition, the Applicant has agreed to provide a revised conceptual landscape plan in conformance with the Landscape Planner's comments that included consideration within the overall concept to include some elements of the planting that will be provided for in the Target/Michaels shopping center, as well as the existing Pizza Hut parcel's existing landscaping. Architecture The Applicant provided substantial revisions to the elevations of the new satellite building and the existing in-line building in response to the Design Review Committee's preliminary review concerns about the architecture of both shopping center buildings being able to complement each other. New stucco trcatmcnt will be provided on thc existing wooden signboard canopy of the "Big! Lots" portion and a squared arch element over the "Everything $5" entrance will be introduced to mimic the same elements being provided on the new satellite building. In addition, the split-face block on the existing in-line building will be introduced on the new satellite building, and the metal canopy proposed for the new satellite building will be introduced on the existing in-line building. The color and materials will also be shared between the buildings contextually. As a result, Design Review Committee and the Planning Commission concurred with the staff recommendation for approval of the new satellite building design and the proposed facade treatment of the existing in-line building as part of the Precise Plan. Planned Sign Program The Design Review Committee recommended that a single 32-1/2-fl. multi-tenant pylon sign be provided on Broadway to replace the two non-conforming pole signs. The Planning Commission recommended that the Applicant be given up to three years to provide the multi-tenant pole sign on Broadway, and be allowed a monument sign to replace the secondary pole sign on Oxford Street. The Planned Sign Program also provides for the retention of the existing walls signs for Big! Lots and Payless Shoe Source. New walls signs would be allowed for the Everything $5 Store, the Page 7, Item: ~-~t Meeting Date: 12/17/02 Starbucks Coffee, and the two new tenants of the satellite building. In addition, new signboard areas would be allowed for additional tenants of the in-line shopping center building in the event that the building is further subdivided into smaller suites in between Payless Shoe Source and the southern edge of the building up to 70 percent of the fagade area, at 1- sq. fl. per lineal foot of street frontage. The Planning Commission hearing of September 25, 2002 centered on the handling of the two pole signs on the site that are nonconforming to the City's current sign regulations. The Applicant insisted that, if forced to abide by the requirements of the Planned Sign Program approved by the Design Review Committee, they could not incur the legal costs associated with abating the signs if the tenants sued them over the issue. They would therefore not proceed with the project. The Planning Commission referred the matter back to staff to see if an agreement could be worked out that would allow the project to proceed. Staff met with the Applicant on October 2, 2002 and sent them a letter on October 9, 2002 outlining the City's position on the status of the signage (see Attachment 4). The Applicant then discussed the sign issues with their tenants and reached an agreement with them that would allow the Oxford Street pole sign to be removed if it could be replaced with a monument sign. The Broadway pole sign might be replaced with the construction of the new satellite commercial building, but the Applicant would still like to receive a three-year grace period in the event that there are any complications in final negotiations or construction scheduling. In addition, the Applicant would be willing to post a bond prior to the occupancy of the new building if the non-conforming 50-ft. Broadway pole sign is not removed by then as stated in their letter to the Planning Commission dated October 22, 2002 (see Attachment 5). The Planning Commission approved the modifications to the Planned Sign Program as appealed to them after Design Review Committee's action. CONCLUSION: Staff believes that the proposed improvement to this existing shopping center represents another step in the incremental upgrade of the commercial properties in the Montgomery Specific Plan area. The deviations from certain development standards are warranted given the overall improvements to the parking layout, landscaping, and architectural consistency of the new and existing buildings. The Precise Plan requires findings be made for the deviations or exceptions listed under the proposal as stated in the attached draft City Council Resolution, and staff believes the architectural and landscape improvements of the project meet the required finding of a project "characterized by outstanding planning or urban design" noted in the Montgomery Specific Plan. FISCAL IMPACT: The Applicant has paid all processing fees. Page 8, Item: ~1 Meeting Date: 12/17/02 ATTACHMENTS 1. Locator Map 2. Planning Commission Resolution and Minutes of 9.25.02 and 10.23.02 meetings. 3. Design Review Committee Notice of Decision and Minutes of 8.19.02 meeting. 4. Letter from staff to Applicant RE: Signs for 1210 Broadway 5. Letter from Applicant to Planning Commission RE: Planned Sign Program 6. Application documents with Disclosure Statement 7. Site Plans and Elevations J:\Planning\HAROLDXPCM-02-22CCrepor t. DOC )ATTACHMENT I MULti FAMILY UNITS HARBOr~IDE ELEMENTARY SCHOOL PRICE BAZAAR HOME CLUB CENTER PRICE CLUB PALOMAR COMMERCE CENTER SHOPPING CENTER MULti FAMILY UNITS VISTA DEL CORONADO APAR1MENTS PAl. OMAR TROLLEY CENTER I CHULA VISTA PLANNING LOCATOR I PROJECT APPUCA~ RANCHO BROADWAY, LTD. [ NO~RTu ~o%~: ,2~0~o.~w~,y AND BUILDING DEPARTMENT PROJECT DESCRIPTION: PRECISE PLAN Request: Proposal to add a 6,600 sq.ff, freestanding commercial building at Pic 'N Save Center. RESOLUTION NO. PCM-02-22 & PSP-03-01 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL GRANT PRECISE PLAN PCM-02-22 FOR A 6,600-SQ. FT. SATELLITE RETAIL BUILDING IN AN EXISTING RETAIl, SHOPPING CENTER LOCATED AT 1210 BROADWAY, AND APPROVING A MODIFIED PLANNED SIGN PROGRAM, PSP-03- 01 FOR SAID SHOPPING CENTER. WHEREAS, duly verified applications for a Precise Plan and a Plaimed Sign Program were filed with the City of Chula Vista Planning Department on April 15, 2002 and August 12, 2002 respectively by John Ziebarth and Associates, "(Applicant)"; and WHEREAS, said applicant requests permission to develop a 6,600-sq. ft. satellite retail building in an existing in-line shopping center located at i210 Broadway; and WHEREAS, the Environmental Review Coordinator determined that the proposals are exempt from the California Environmental Quality Act as Class 3 and Class 11 exemptions for small new structures and on-premise signs respectively; and WHEREAS, the Design Review Committee considered these applications at a public hearing held on August 19, 2002, and recommended conditional approval of both, and WHEREAS the applicant appealed the Design Review Committee's decision that the two existing pole signs must be removed and replaced with only one pylon sign on Broadway, and WHEREAS, the Planning Director set the time and place for a Planning Cormnission public hearing on said Precise Plan, and an appeal of the Design Review Cormnittee's decision on the Planned Sign Program, 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 residents within 500-ft. of the exterior boundaries of the property at least 10 days prior to the hearing; and WHEREAS, the heating was held at the time and place advertised, September 25, 2002 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was continued until October 23 and thereafter closed; and WHEREAS, the Planning Commission considered all reports, evidence, and testimony presented at the public hearing with respect to subject application. NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNiNG COMMISSION does hereby recommend that the City Council approve Precise Plan PCM-02-22 in accordance with the findings and subject to the conditions contained in the attached draft City Council Resolution. BE IT FURTHER RESOLVED THAT Planned Sign Program PSP-03-01 is approved subject to the approval of Precise Plan PCM-02-22 and submittal of revised exhibits that will reflect the removal of the two existing pole signs, and details on the location and design of a new 32 ½ foot high pylon sign on Broadway and a new monument sign on Oxford Street. BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the City Council. PASSED AND APPROVED BY THE VISTA, CALIFORNIA, this 23rd day of October, 2002, by the following vote, to-wit: AYES: NOES: ABSTAIN: ABSENT: PLANNING COMMISSION OF CHULA ATTEST: Madrid, O'Neill, Cortes, Hall, Castaneda Hom Russ Hall, Chair Diana Vargas, St~retary J:\PL^NNING\HA ROLD\RE$OLiJTIONSh°CRESOPCM-02-22&PSP-03-01 .DOC Planning Commission Minutes - 3 - September 25, 2002 3. PUBLIC HEARING: PCM 02-22; Precise Plan and a Planned Sign Program fora 6,600 sf satellite retail building in an existing in-line retail shopping center, located at 1210 Broadway, southwest corner of Oxford Street. Background: Harold Phelps, Associate Planner reported that the proposal is for a Precise Plan and an appeal to the Planned Sign Program for the addition of a new 6,600 sf satellite retail building to be located within and as part of a modernization of the existing shopping center, which includes the Target department store. On August 19, 2002 the Design Review Committee recommended approval of the Precise Plan. In addition, the DRC approved a Planned Sign Program that would require a single pylon sign in lieu of an existing free-standing pole sign. The Design Review Committee recommended approval of the reduction from the required 15 ft. landscape buffer to 10 ft. along Broadway and Oxford Street and recommended approval to reduce the parking space requirements in order to allow the outdoor patio seating for the proposed Starbucks Cafe. The revised elevations address the Design Review Committee's concerns with respect to having the new satellite building complimenting the existing in-line building. The applicant is also requesting that the Planning Commission overturn the Design Review Committee's decision on the Planned Sign Program in order to retain the existing 50 ft. free-standing pole sign on Broadway as well as the 30 ft. double pole sign on Oxford Street. The Planned Sign Program will allow the existing Big Lots and Payless Shoe Source sign board to be retained. Staff recommends that the DRC's decision be upheld for the following reasons: The proposed pylon sign would be similar to the one that will be installed at Target, which will replace the existing three-sided pole sign. This would enable the landlord to include additional tenants of the shopping center. There have been numerous sign code violations and signage installed without permits. The Precise Plan request provides the most appropriate time to implement the Planned Sign Program as the value of the requested addition and improvements are much greater than the cost of removing or replacing the existing pole signs. The 70 ft. three-sided Target sign will be replaced by two 35 ft. pylon signboards before the end of the year, making the 50 ft. high "lollypop" sign the tallest pole sign within the vicinity of the south Broadway corridor. Non-conforming pole signs are being removed on a regular basis as part of a City policy to rely more heavily on the Design Manual guidelines. Planning Commission Minutes - ,~ - September 25, 2002 Staff Recommendation: That the Planning Commission uphold the Design Review Committee's Notice of Decision being appealed by the applicant with regards to the Planned Sign Program, and approve Resolution PCM 02-22 that recommends the City Council approve the Precise Plan and Planned Sign Program, subject to the conditions and findings contained in the City Council Resolution. Public Hearing Opened 6:30. Dan Malcolm, 1206 Seacoast Drive, Imperial Beach, applicant's representative, stated that initially the project started out as the development of a 6,600 sf building, which later turned into a redevelopment of the entire shopping center, increasing substantially the cost of the project. Mr. Malcolm explained that the problem with the sign program is that the property owner has a contractual lease obligations to the two tenants, which prohibit the landlord from modifying the signage in any way; to do so would be to open himself to litigation. Therefore, the Design Review Committee has placed a condition on this project that the applicant cannot legally comply with. Mr. Malcolm suggested that perhaps a way to accomplish this might be to have the City require the tenants to remove the non-conforming signs. Mr. Malcolm urged the Commission to reach a compromise on the sign issue taking into account the overall benefit that will be derived to the entire shopping center with the enhancements that are proposed. He further stated that if a compromise on the signage issue cannot be reached, then the project will not move forward because the applicant/landlord will not subject himself to a law suit. Commissioner O'Neill asked how many years are left on the Pic N Save lease. Mr. Malcolm responded that they have three more years left with two five-year options. Elizabeth Hull, Deputy City Attorney clarified that at this time the signs are legal non- conforming, therefore, they only become an issue when you add to the site, at which time it is required that the site be brought up to code, however, without the project, the signs remain legal non-conforming. John Ziebarth, 800 W. Ivy Street, San Diego, CA, architect gave a brief overview of the project's design. Public Hearing Closed 6:55. Planning Commission Minutes - 5 - September 25, 2002 Commission Discussion: Commissioner Castaneda reminded the Commission that in a recent workshop staff presented the Broadway revitalization program, which at its crux involves the removal of the legal non-conforming signs along this commercial corridor. He further stated that the issue he struggles with is how to achieve one of the core strategies of the revitalization program and at the same time balance it with being able to be flexible enough to work with an applicant such as this who is proposing substantial improvements and redevelopment to a commercial center. Cmr. Castaneda proposed that the project be condition to require the removal of the "Everything $5" sign and to sunset the Pic N Save lollypop sign to go concurrently with the life of the existing lease, which expires in approximately 3 years. Commissioner Cortes stated that as a resident of the southwest area he is committed to keeping at the forefront the revitalization of this area and believes that the enhancements that the applicant is proposing, along with the establishment of a Starbucks will create synergy, which is vital to the success of any commercial center, therefore, he is supportive of a compromise as it relates to the signage issue surrounding this project. Commissioner O'Neill stressed the need to stay focused on the vision planned for the revitalization along Broadway. He expressed concern with the precedence that would be set for this project, however, recognizing the overall benefit of redeveloping the center, he reluctantly would support conditioning the project to include a sunset clause stating that at the end of the present lease (approximately 3 years) the Broadway pole sign will be removed and brought into compliance. MSC (Castaneda/Cortes) (5-0-'1-'1) that the Planning Commission continue this item to October 9th directing staff to revise the sign requirements to specify the removal of the Oxford pole sign now, and allow the Broadway pole sign to remain for a period not to exceed three years. Motion carried with Commission Hom abstaining. Planning Commission Minutes - 3 - October 23, 2002 2. PUBLIC HEARING: Precise Plan and a Planned Sign Program for a 6,600-sf satellite retail building in an existing in-line retail shoping center, located at 1210 Broadway, southwest corner of Oxford Street. Background: John Schmitz reported that the Planning Commission held a public hearing on September 25, 2002 to consider this proposal. The Commission was supportive of the project because of the revitalization of an existing older commercial center. The evening's discussion centered around two legal non-conforming pole signs. The applicant discussed the sign issues with their tenants and reach agreement with them that will allow the Oxford Street pole sign to be removed if it can be replaced with a monument sign. The Broadway pole sign may be replaced with the construction of the new satellite commercial building, but the applicant would like to receive a three-year grace period and is willing to post a bond prior to the occupancy of the new building if the sign is not removed by then. Staff Recommendation: That the Planning Commission approve Resolution PCM 02-22 and PSP 03-01 that: 1. Recommends that the City Council approve the Precise Plan, subject to the conditions and findings contained in the City Council Resolution; and 2. Modified the DRC action on the Notice of Decision with regards to the Planned Sign Program to allow the applicant a 3 year time frame to replace the existing pole sign on Broadway with a new pylon sign designed to match the style of the shopping center, and immediately replace the existing pole sign on Oxford with a monument sign. Public Hearing Opened 6:20. Dan Malcolm, 1206 Seacoast Drive, Imperial Beach, CA commended stafffor their support in helping them resolve some of the issues surrounding the project and thanked the Commission for their direction and willingness to work with the applicant to ensure that the project comes to fruition. MSC (Castaneda/Cortes) that the Planning Commission approve Resolution PCM 02-22 and PSP 03-01 that: 1. Recommends that the City Council approve the Precise Plan, subject to the conditions and findings contained in the City Council Resolution; and 2. Modified the DRC action on the Notice of Decision with regards to the Planned Sign Program to allow the applicant a 3 year time frame to replace the existing pole sign on Broadway with a new pylon sign designed to match the style of the shopping center, and immediately replace the existing pole sign on Oxford with a monument sign. CIIY Ch* CHUIA VISTA Design Review Committee NOTICE OF DECISION On PCM-02-22 & PSP-03-01 Notice is hereby given that the City of Chula Vista Design Review Committee has considered PCM-02-22 and PSP-03-01, a Precise Plan and a Planned Sign Program for a new 6,600-sq. ft. satellite retail building and the existing in-line retail shopping center. The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the Precise Plan project qualifies for an exemption per Section 15303 (c) for small new structures, and the Planned Sign Program qualifies for an exemption per Section 1531 l(a) for on-premise signs per State CEQA Guidelines. Thus, no further environmental review is necessary. The Design Review Committee approved said request based upon the following findings of facts: That the proposed development is consistent with the development regulations of the CCP (Central Commercial within a Precise Plan Modifying District) Zone, the Montgomery Specific Plan, and the Environmental Review. The project is not consistent with the parking and landscaping requirements of the CCP Zone and the Montgomery Specific Plan; however, the precise plan will enable the development to provide an outdoor seating area without increasing the required parking spaces beyond what would be required for the entire shopping center retail floor area and indoor restaurant seating. The precise plan will also allow for a reduction in the 15-ft. landscape buffer along Broadway and Oxford Street as required in the Montgomery Specific Plan to a 10-ft. landscape buffer. In addition, the redevelopment of the shopping center can be considered as one "characterized by outstanding planning or urban design" in that the site plan and architecture will of the shopping center will be significantly improved, and will enhance and benefit the surrounding community and general vicinity. The project is exempt from environmental review as a Class 3 and Class 11 exemption from CEQA. Therefore, the project will be in substantial conformance with the Zoning Montgomery Specific Plan and the Environmental Review. o The design features of the proposed renovations are consistent with, and are a cost effective method of satisfying, the City of Chula Vista Design Manual and Landscape Manual. The design features are consistent with, and are a cost effective method of satisfying, the City of Chula Vista Design Manual and Landscape Manual. There will be improved vehicular and pedestrian circulation, landscape elements, and architectural elements and features shared between the new satellite building and the existing in-line shopping center building. The in-line shopping center building will receive revised fagade treatment and wall signage. A more modern and subdued pole sign will be required if desired as a condition of approval. The Design Review Committee approved the draft City Council Resolution for Precise Plan PCM-02-22 and Planned Sign Program PSP-03-01 as presented to them with the following modifications: Prior to the issuance of any permits required by the City of Chula Vista for the use of the subject property in reliance on this approval, the applicant shall satisfy the following requirements: b. Provide planting and irrigation plans incorporating all conditions of approval. The planting and irrigation shall be revised in conformance with the revised conceptual landscape plan, subject to review and approval by the City Landscape Architect prior to issuance of building permit. d. Provide revisions to the planned sign program. A revised sign program shall be provided incorporating one new pylon not to exceed 32-~ ft. in height, or a monument sign to replace the existing freestanding pole signs. The comprehensive signage program shall be revised to include a note to the effect that each potential future tenant signage shall be limited to 70% of the linear frontage of their space. PASSED AND APPROVED BY THE DESIGN REVIEW COMMITTEE OF THE CITY OF CHULA VISTA, CALIFORNIA, the 19th day of August, 2002, by the following vote, to-wit: AYES: AGUILAR, ARAIZA, ALBERDI NOES: ABSTAIN: MESTLER ABSENT: MORLON ATTEST: ~~ministrator Rosemarie Rice, Design Review Committee Secretary J:\PLANN1N¢¢\IL&ROLD~PCM412-22DECISlON.DOC 2t-17 2 ACTION August 19, 2002 4:30 p.m. AGENDA DESIGN REVIEW COMMITTEE Chula Vista, California Council Chambers Public Service Building 246 Fourth Avenue, Chula Vista ROLL CALL: Chair Aguilar P Vice Chair Araiza P Members: Alberdi P Mestler P and Morion E INTRODUCTORY REMARKS: Read into the record. APPROVAL OF MINUTES: June 17, 2002, and July 15, 2002 MSC (Araiza/Alberdi) (3-0-1-1) to approve the minutes of June 17, 2002. Motion carried, Member Mestler abstained. MSC (Aguilar/Araiza) (3-0-1-1) to approve the minutes of July 15, 2002. Motion carried, Member Alberdi abstained. ORAL COMMUNICATIONS: PUBLIC HEARING: lA. PCM-02-22 lB. PSP-03-01 1210 Broadway, southwest corner of Oxford Street Precise Plan and a planned sign pro,qram for a new 6,600-sq. ft. satellite retail building and the existinq in-line retail shopping center. Staff Contact: Harold Phelps, Associate Planner Action: Approve (3-0-1~I) project with the conditions stated in the staff report with the following modifications: Condition Flb. to read: Provide planting and irrigation plans incorporating all conditions of approval The planting and irrigation shall be revised in conformance with the revised conceptual landscape plan, subject to review and approval by the City Landscape Architect prior to issuance of building permit. Condition Fld. to read: Provide revisions to the planned sign program. A revised sign program shall be provided incorporating one new pylon not to exceed 32-~ ft. in height, or a monument sign to replace the existing freestanding pole signs. The comprehensive signage program shall be revised to include a note to the effect that each potential future tenant signage shall be limited to 70% of the linear frontage of their space. Motion carried, Member Mestier abstained. Design Review Action A9 Zta August 19, 2002 Page 2 2. DRC-02-45 Neighborhood R-30A, Village Five San Sebastian Avenue at Geyersville Street, east of Santa Rosa in Otay Ranch, Chula Vista, CA Approve a site plan and architecture for 141 multi-family condominium units on approximately 7.7 acres in Otay Ranch Village Five. Staff Contact: Ann Pease, Associate Planner Action: Approved (4-0-0-1) PRELIMINARY REVIEW: 37 BUSINESS: ADJOURNMENT: Southwestern College Commercial Project Staff Contact: Kim Vander Bie, Associate Planner Action: Discussion item no action taken Appointment of representative to Historic Preservation Task Force Election of Chair and Vice Chair At 8:20 p.m. to a Special Meeting on Monday, September 9, 2002 at 4:30 p.m. in Council Chambers. J:\Planning\Rosemarie\DRC~Action Agenda08-19-02 Design Review Commiff "~ -6- ATT~ "~IlMENT 3 Minutes June 3.200? The Design Review Committee was uncertain about the location of the proposed freeway tower sign and recommended that the applicant reduce the amount of text and reevaluate the height proportionality of the tower sign to the commercial center. Staff stated the city's municipal code currently allows for a freestanding pylon sign at 35 feet high and a maximum of five tenants as depicted by this sign along Broadway at the west entrance of the Walmart shopping center west of Fourth Avenue, south of Freeway 54 and north of C Street. STAFF RECOMMENDATION: Staff recommends endorsement of the revised freeway tower sign. COMMITTEE DISCUSSIONS: Vice Chair Araiza stated that he was part of the subcommittee that met with the developer at the meeting for the proposed revised freeway pylon sign. Because the applicant has responded to their initial concerns he would move to informally endorse the tower sign. MSC (A.raiza/AIberdi) (3-0-0-2) to informally endorse PSP-02-10 revised freeway pylon sign as recommended by staff. Motion carried. PRELIMINARY REVIEW: 4. PCM-02-22 Broadway Pic n Save/Big Lots 1210 Broadway, Chula Vista Preliminary review of a proposed 6,600 scl. ff. satellite buildinq to be located in the parking lot of the existin¢l shoppinq center. Staff Presentation: Mr. Harold Phelps, Associate Planner stated the applicant wishes to obtain some preliminary review and design comments regarding the proposed 6,600 sq. ft. satellite building that will be located in the parking lot of the existing in-line shopping center, where there is currently a Big Lots (formerly Pic"N"Save), Payless Shoe Source, Everything $5 Store, and Pizza Hut. Staff stated the proposed plans submitted show that there are some much needed improvements to the center, that will be provided, such as a 10-ft. landscape setback buffer along Broadway, a revised parking lot aisle and parking space alignment, and landscape aisle ends. However, there are some potential deviations from the Zoning Code and the Montgomery Specific Plan and it is anticipated that this project will be processed through a precise plan process. Some of the potential deviations could be: 1. The potential elimination of 13 required parking spaces, based on the square footage and seating. J:\HOME\P LAN NIN G\R OS EMARIE\DR C\MIN6-3-02 Design Review Committ Minutes June 3, 2007 The reduction in the required 15-ft. landscape buffer along Broadway and Oxford Street for properties within the Montgomery Specific Plan area fronting Broadway (along with Main Street or Third Avenue) to a lO-ft, landscape buffer along Broadway and Oxford Streets. 3. The potential lack of intermediate landscape tree wells, medians or fingers between the proposed landscape islands at the end of the parking space aisles. The retention of the existing 40-ff. plus freestanding single pole sign along Broadway and the 20-ft. plus double pole sign along Oxford Street, in lieu of more modem signage such as a monument sign or pylon sign indicating individual tenants of the shopping center. The potential lack of facade or elevation improvements, as well as revised signage being proposed for the in-line shopping center building to compliment the elevation and colors for the proposed satellite building. Staff has attempted to resolve these issues with the applicant without success. It was agreed that the project should be presented to the Design Review Committee for guidance. Applicant Presentation: Mr. Dan Malcom, representing the property owner, stated they were here today to get the Committee's feedback on some the of the issues regarding the project so they could come up with a plan that would be acceptable to the City. They were looking forward to bringing back a project that would be more pedestrian orientated and would enhance the area from Costco to Target. Mr. John Ziebarth, with Ziebarth Associates Architecture, proceeded to review the plans for the existing center. The center was currently devoid of any landscaping. In order to remedy this situation, the applicant was proposing to add additional landscaping along Oxford and Broadway. The requisite setback requirement in the Montgomery Specific Plan called for a 15-ft. landscape buffer along Broadway and Oxford Street. The applicant was requesting that it be reduced to 10-ft. in order to accommodate the proposed new building and the additional parking that would be required in order to support the new building. Mr. Ziebarth further stated that Target was also in the process of doing a remodel and that Target was going to modify their landscape setback on Broadway to 10 feet. Mr. Ziebarth stated they were also looking at providing landscaping in the parking lot, which currently had none. Out of 4,298 square feet of proposed new landscaping for the center, 3,500 square feet would be allotted just for the parking lot. The applicant stated what they were trying to accomplish was to target the landscaping at the end of the aisles to protect the rows of parking. The difficulties lie in finding the balance between upgrading the center and the economics. In order to cut down on some of the expense, the applicant stated they would not be saw cutting up all of the parking lot or running irrigation lines all over. They would run their rows of irrigation straight down the ends of the aisle and loop it back around in order to make it more economically feasible. They are also maintaining the light standards in the parking lot so they would not have to relocate lights as part of the whole parking lot configuration. J:\HOME\PLANNING\F~OSEMARIE\DRC\MIN6-3 02 Design Review Commi~ "~ -8- Minutes ' June 3~ 2007 In addition, the applicant stated there would also be an outdoor patio amenity, which would promote pedestrian activity by creating a pedestrian linkage from the street and back to the rest of the building. The new building would only be served with wall signs. The applicant indicated they were not proposing to modify the existing 40 ft. freestanding pole sign along Broadway nor the double pole sign along Oxford Street. Mr. Ziebarth stated the tenant had a lease obligation with Big Lots regarding the signage along Broadway that was legally binding, and they did not believe they could legally request that the applicant modify their sign. Mr. Ziebarth further stated they were working with the tenants in order to develop a cohesive sign program throughout the center, which would consist of individual channel letters on the wall signs. Mr. Ziebarth reviewed the elevations of the proposed new building. The existing building behind the proposed new building consisted of horizontal planes. Even though the new building would be more modern, they were trying use that same element to tie the two separate buildings together. In the new building there would be space for potentially three tenants. The building materials would consist of stucco working with colors to offset and create a definition of the planes and also creating a different hierarchy. The older existing building would be rid of all the banner signs. The applicant was working with the tenants in order to get them to use all individual channel letters on their signs so there would be a consistent sign concept throughout the center. The applicant would then paint the horizontal planes on the existing structure to match with the new building. COMMITTEE DISCUSSION: The Committee Members discussed the landscaping setback requirements and agreed that they would be in favor of reducing the 15-fl. landscape buffer along Broadway and Oxford to 10-ft., especially since Target was also reducing their landscape buffer to 10 ft. along Broadway. Member Alberdi did have concerns with the landscape in the parking lot. He felt it was not enough to have only landscape end aisles. He believed that the shopping center would be more enhanced if there were additional landscaping in the middle of the parking lot. He emphasized that the applicant consider placing tree wells within the parking lot The Committee Members discussed the elevations of the new proposed building, and all concurred that the design could use some revisions. The problem seemed to lie in that the new and old building did not appear very integrated. The design of the new building consisted of horizontal planes, stucco and wood painted fascia, while the existing building was long and horizontal looking and was constructed of masonry and glass material. Vice Chair Araiza asked that the applicant consider using some of the masonry elements from the existing building on to the new structure in order to give it a more integrated appearance. He liked the stainless steel elements on the new building, the green bands on the fascia, the way the signs were being handled, and the massing to a degree. Vice Chair Araiza felt if they cleaned up the existing building and left the masonry alone and painted some of the building to tie in with the new structure it would be less of an expense to the applicant. J:\H OME\PLAN NiN G\R OS EMARIE\DR C\MIN6-3.02 Design Review Commitl -9- Minutes ") June 3~ 2002 Member Alberdi suggested that the applicant consider changing the spice rum color and matching it to the existing masonry color in order to tone down the color of the new building. If the applicant cleaned up the existing building he would not have a problem with leaving the building as is, as long as the new building complemented the building in the back. Member AIberdi also stated that he did not approve of the existing pole sign and would hope that when the Big Lot's lease has expired that the developer would take measures to removed the pole sign and replace it with a more appropriate sign that was more in compliance with the City's Design Guidelines. Member Morion stated he concurred with his colleagues about the building and the pole sign. He believed when the lease for the old PicNSave building expires the applicant should consider modernizing the structure with the new one. Mr. Malcom thanked the Committee Members for their time and input and stated that when they came before the DRC again, they hoped to have a design that would be pleasing for both the City and the Design Review Committee. STAFF COMMENTS: None H. MEMBER COMMENTS: Member Morion stated he had worked out his schedule so he could attend Monday's Design Review Meetings and he was tentatively withdrawing his earlier resignation. Mr. Schmitz stated he was trying to find out how far Member Morlon's resignation letter had worked through the system in order to see if he could be reinstated. ADJOURNMENT: The meeting was adjourned at 5:45 p.m. to a regular meeting on Monday, June 17, 2002 at 4:30 p.m. in Council Chambers. Prepared by: Rosemarie Rice, Recorder J:\H OME\P LA N NING\ROS EMARIE\DR C\MIN6-3-02 October 9, 2002 CHULAVISTA PLANNING AND BUILDING DEPARTMENT Rancho Broadway, Ltd. Michele Kucinski 149003 Via la Senda Del Mar, CA 92014 Subject: Signs for 1210 Broadway Dear Mr. Kucinski: This is a follow up to our meeting on October 2 at which time City staffdiscussed the issues involved with abating the existing nonconforming signs at your shopping center at 1210 Broadway with you and your representatives. One of the key points in that discussion was how the 15 year abatement period for nonconforming signs specified in the City's Sign Ordinance would apply to your property since it annexed in 1986 after the time line for abatement was established for the rest of the City. The amortization period appears to have been adopted in 1974 in an amendment to Section 33.950 (the predecessor to 19.60.110). In 1989, when the amortization period was due to expire, the Council adopted Ordinance Number 2366 which extended the nonconforming sign amortization period. At that time, the Council determined that those nonconforming signs subject to immediate removal and abatement atSer December 5, 1989, under the provisions of Section l 9.60.1 I0, were to be accepted as conforming signs until December 31, 1990. In cases of undue hardskip an extension for a period not to exceed 12 months could be granted. Pursuant to the ordinance nonconforming signs were subject to immediate abatement and removal after December 31, 1991 at the latest. The subject property was annexed into the City on January 1, 1986. Looking at the facts in the light most favorable to the property owner and commencing the 15-year amortization period on the date of annexation, the 15 years would have expired on January 1, 2001. As we have told you and your representatives, John Ziebarth and Dan Malcolm, both of the pole sigms violate the City of Chula Vista Sign Ordinance because of size (the Broadway sign is too high) and number (your sized lot is only entitled to one pole sign). From the legislative history on Section I9.60A 10, you can see that the two pole signs at your shopping center are legally subject to abatement at this time. You should be aware of thef, act that the C'ty s Commumty' Development Department has nntiated a Broadway Revitalization Program designed to make Broadway a more attractive commercial and 276 FOURTH AVENUE · CHULA VISTA · CALIFORNIA 91910 mixed-use environment for new businesses. Presentations have been made to both the Plannin~ Commission and the City Council on this program with encouragement given by both bodie~. Members of both the Commission and the Council were consistent in their comments about the appearance of Broadway and the negative impacts of signs along this main street. 1 mention this because, even if you were to abandon this application for the expansion of this shopping center in an effort to avoid bringing your si=mas into compliance, it is very possible that pending City efforts aimed at revitalizing the Broadway corridor will soon lead to a formal abatement notice and the signs will have to be removed or replaced. As you know from the last public hearing on your precise plan application, the Planning Commission seemed to be in favor of the removal of the Oxford Street si~m~, and allowing a three year abatement period for the Broadway sign. We were directed to meet and try. and work out an a~reement on this issue.. At.our meeting we discussed the option of replacing the Oxford Street simon xThth a monument sign to g~ve your tenant sufficient identification from the street. Staff would not oppose such a replacement with the understanding that this would have to be approved as part of the planned sign progrnm for the center. Staffwould also support an extended abatement for the Broadway sign only if you were to post a bond or cash deposit sufficient to cover the cost of removing the sign if you do not. Please let us know' in writing as soon as possible whether you will agree to this solution so we can return this matter to the planmng comrmssion. Associate Planner Harold Phelps or I can be contacted should you have any question about this letter. Harold's number is (619) 409-5872, and mine is (619) 476-5367. ~'-~/'~'/"Z/Sincerely, ~ l°ih~ 'Sp~lhI~p ita~ln er JCS Cc: Elizabeth Hall, City Attorney , J ,ames Sandovak AICP, Assistant Director of planning :HarOld PhelpsT'ASsociate Planner John Zeibarth_ 800 W. I~7- Suite E, S.D. 92101 Dan Malcolm, J: kPlarmmgUohnSkL~llers ~2002 kKu cinski - sig~sl210 Broadway.doc Rancho Broadway, Ltd.~ October 22, 2002 Planning Commission City of Chula Vista 246 Fourth Avenue Chula Vista, CA 91910 Re: PCM-02-022 and Comprehensive Sign Plan to allow for a New 6,600-SF Satellite Retail Building Within the Existing In-line Retail Shopping Center at 1210 Broadway Dear Chairman and Fellow Planning Commissioners: This letter is to acknowledge our agreement with the compromised reached with staff based the discussion by the Planning Commission on September 25, 2002. This agreement is articulated in the Resolution for the Precise Plan in Section F. 1 .d. on page 4, Section F.2.f., and Section F.3.c. As stated in the Planning Commission Agenda Statement, we met with the staff and discussed the signage with the tenants. We agree to remove the pylon sign on Oxford prior to Certificate of Occupancy of the 6,600 sf building. The pylon sign on Broadway will be removed within 3 years from the £mal approval of the precise plan. If the pylon sign on Broadway is not removed prior to the certificate of Occupancy of the 6,600 sf retail building, we agree to post a sign removal bond with the city for the demolition costs of the sign. We currently anticipate completion of the 6,600 sf building in mid-summer of 2003. We appreciate the city's willingness to work with us to achieve the redevelopment of this center. This will be a major improvement in the area. Michel Kucinski ~ Rancho Broadway Ltd. 14903 Via La Senda, Del Mar, CA 92014 te1(858)764-5316 fax(858)794-5317 [] Variance r-i Desi MiSCellaneOus: Applicant Name Interest in Propedy. :.~-~ n ~Opfion to purchase '~cbitect/Agent Phon~ No;. i GENE~PROJEC~,~DESI was the:'date?~/'~;/~:~: :,?,~:~': :,~' ~D NO' CHUIA VISTA CITY OF CHULA VISTA Planning & Building Department 276 Fourth Avenue (619)691-5101 PROPOSED PROJECT (all types) Development Processing Application Form Page lwo Jf~taft use only) Case No.: /pe of Use Proposed E] Residential J~Comm. E31nd. E]Other Landscape Coverage (% et Lot) Building Coverage (% o! Lot) RESIDENTIAL PROJECT SUMMARY I'ype of Dwelling Unit(s) Number of Lots Existing No. of Dwelling Units Proposed 1BR 2BR 3+BR Total Densi~ (DUs/acre) Maximum Building Height Parkina SPaces Required by Code: !Minimum Lot Size jProvided: Total Off-street l /Type Open Space Description (Acres each of private, common, and landscaping) NON-RESIDENTIAL PROJECT SUMMARY l Average Lot Size of Paridng [size: v/nether covered) Gross Floor Area {st) Proposed Hours of Operation {Days & Hours) Anticipated Total # Employees Existing Building Height Max. # of Employees at any one time Parking Spaces Required -3o # of Students/Children {~ aD~icable) Age et students/children~//~ {if clpplJoabte] Pdnt Applicant or Agent Name Applicant or Agent Signature Date Print Owner Name Owner Signature* (Required If Applicant is not Owner) etter of owner consent mc~, be used In heu of signature. FORM A-PAGE 2 OF 2 ~-I ~ CHUEA VISTA Planning & Building Depaffment Planning Division - Development Processing 276 Fourth Avenue, Chub Vista, CA 91910 (619) 691-5101 PROJECT NAME: APPLICANT NAME: Application Appendix "A" PROJECT DESCRIPTION AND JUSTIFICATION and Oxford ~n~hn ~=~,~=~, LTD Y Please describe fully the proposed project, any and all construction that may be accomplished as a result of approval of this project and the project's benefits to yourself, the property, the neighborhood and the City of Chula Vista. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. For all Conditional Use Permits or Variances, please address the required "Findings" as listed in listed in the Application Procedural Guide. Description & Justification. See Attached Project Description and Justification: 6,600 sf Pad Bldg ~ Pic 'N Save Center--Broadway & Oxford The proposed project is to add a 6,600 sf freestanding pad building to the existing Pic'N Save Center, which is at the southwest corner of Broadway and Oxford. Currently there is a main building of 39,062 sfalong the west side of the center and a free standing Pizza Hut of 4,464 sf at the corner of Broadway and Oxford. The new building will be located in the parking lot at the southeast corner. The two reciprocal access with the adjacent Target center will be maintained at the building and out by Broadway. The building will provide a fresh look to the center. As a part of this project, landscaping will be added along the street frontages and in the parking lot. As part of the precise plan, the Applicant requests deviations from the Montgomery Specific Plan and the zoning ordinance. The Montgomery Specific Plan calls for 15 feet of landscaping and building setback along Broadway and Oxford. Currently there is nothing. In fact the buildings are currently in the setback on Oxford. The project proposes to comply with the intent of the landscape setback by expanding the existing 9 feet of landscaping on the city right-of-way on Oxford with an additional 9 feet on site. This will create an effective 18 feet of landscape buffer at the parking lot. On Broadway, the project proposes a 10 feet landscape buffer where none currently exist. In addition there is an existing row of palm trees along Broadway in the public right-of-way. This would slightly exceed the landscape buffer in front of Target. (10 feet on this project versus 8 to 9 feet at Target.) It would allow for the entire block to have a cohesive landscape concept along Broadway. The project also proposes an outdoor landscaped patio on the north side of the building as an amenity. Landscape planters are being added at the end of the parking rows to protect the parked vehicles and soften the harsh asphalt parking field that has no existing trees. There is 4,298 sfofnew planters in the parking lot where none exist today. Though the landscaping does not meet the strict code requirements, we justify the amount of landscaping as follows: I This is an existing center and the cost of the improvements must be feasible with the scope of the additional building area. The building area is being increased by 14 %. The amount of landscaping being added is 350%. Additional Iandscaping will create an economic hardship on the project. 2. Additional perimeter landscaping along Broadway and Oxford would require reduction in the parking and thus the parking would not support the project and there would be no upgrade of the center. 3. The parking lot planting does not include tree wells in the parking rows. The parking lot is increasing the amount of landscaping by 4,298% over what is existing. The cost of saw cutting, installing irrigation and patching the asphalt to create a network of irrigation through out the parking lot is not economically feasible for this small project. The applicant feels that the proposed landscaping is a vast improvement over the existing condition and is reasonable in order to accommodate such a small project. 4. Granting of this deviation will be harmony with the general purpose and intent of the regulations to create landscape buffers at the perimeter streets and soften the visual impacts of parking lots with planters distributed throughout. There is no detriment to the public health, safety, or welfare. 5. The proposed quantity oflandscapingwill have a tremendous impact on the visual upgrade of this center. The parking lot configuration is designed to offer maximum capacity and to work with the existing light fixtures. The ninety-degree parking occurs at the perimeters while the angled parking occurs towards the inner field. The angle parking with one-way drive aisles optimize the space savings of the herringbone pat~ern~ We believe that this project is a good solution for the upgrading of this corner and the center. The city will benefit as follows: 1. The city will obtain a landscape buffer along Broadway where currently there is none. 2. The landscape buffer along Oxford will be increased. 3. The harsh visual character of the parking lot will be softened by introducing landscaping. 4 Additional goods and services will be provided to the neighborhood. 5. An outdoor patio will be added as an amenity. 6. The architectural character of the new building will enhance the streetscape along Broadway. By placing a building closer to the street, the visual impact of the parking lot from Broadway will be reduced. This project will be a great addition and benefit to the city. 04/11/02 TaU 11:18 FA~ 85S5878912 you had more zhafl $?50 wt~lh of I~Jsifl~s transa~ed ~ any ml~r of 5 p~.~ idenjify e~h ami MW Implore. inciafmg any agents, emldoya~, consuliams, or :3] 04/11zo2 THU 11:18 FAX 8585878912 No~, '~-,fom. l~m Ironies do ~ agn~. in ~m:lmange f~r ~ inulin.mi ~ he,,min 04/11/02 T~U 11:18 FAX 8585878912 D3.N ~kLCOL~ ~]003 04/11/02 THU 11:19 FAX 8585878912 DA~ MALCOL~ [~004 H~-1~-2002 NED 01:06 ?H Fh× NO, ?, I]4 .......... lo--3.'t3.75~= ...... OZD33927-,'/N DeSCT~pfion: San Diego, CA Document-¥ea/'.DoclD 1992. I f 14~8 Page: 1 of 4-- Order: CB-05-13-2002 0~-10-38 PM Comment: FRANK ~AR-13-2002 ~ED Ol:OB P~ 03/13/2002 SAN DIEGO COUNTY Prepared for: Sales U .mJa?d Through: Property Information Owner Name: Sifts Address: Mailing Addre~:~.~ Legal Oesc; Par=el Number:. Zoning: ci~ Coda: Ownm-ahlp Type: Year E~ulJt: Units: Use Code: Features: Sales Information O3f06~002 FAX NO, STEWART TITLE OF CA~, INC. Origlnat~n 14-S01-3724 RANCHO BROADWAY LTD 1210 BROADWAY 18 00GO0 4895 AL.BERSON CT;SAN DIEGO, CA 92130-2701 RANCHO DE LA NACION MORRILL MAP, PM03634 618-280-21-00 6 1972 NONE 21 -1-3 STORY MISC, STORE BLDGS. Requeated by: Rep: P, 0:3 Pagc 1 of l Page 1 of 1 La=t Sale Date: 02./28J1~92 Sale Pfico: $3,165,000F Doc. #ffype: 111488/ 1st Prey. Sale; Square Feet: 41750 Let Size: A 3.8g Lo[ SqFt: A 3,899 Bedrooms: 0 Baths (F+H): 0 To~al Rooms: 0 OtherLoans: Priceper Sqfl: 575,80 ExempUon: NONE Improvement Value: $1,777,945 LafldValue: $1,995,053 As-sensed Val~te; 9,772,998 Annual Tax; S43,607.68 Improvement %: 47 Tax Ra~e Area: 001172 THE INFORMATION PROVIDED IS DEEMED RELIABLE, BUT IS NOT GUARANTEED COPYRIGHT~1986-1998, DATA TRACE INFORMATION SERVICES LLC, ALL RIGHTS RESERVED El~://C:kProgram Fi les\BackWebkNcwST$~tml\l ~reportg200.h~al 3/13/2002 2002 WED 01:08 PM FAX NO. 03/1312002 SAN DI~GO COUNt' Prepped for: Sales Up,~atud Through: Property Information STEWART TITLE OF CA., INC. Or;gioa~o~ 14.-$01-37'24 [Requested by: Rep: Owner Name: Situs Address: Mailing Address: L~gal Desc~ RANCHO BROADWAY LTD 1206 BROADWAY CHULA VISTA B 1911 30~0 6TH AVE ~27:~AN DIEGO CA g210~-5~54 RANCHO DE LA NACION MORRILL MAP, PM03634 Parcel Num be~. Zoning: City Code: Dwnerehlp Type: Year Built: Pool: 618-280-20-~0 6 CHULA VISTA 19&0 4 NONE 21 -1-3 STORY MISC. STORE BLDGS. SqUare Feet: 3500 Lot Sl~e: A .$1 Lot SqFt; 22215 Bedrooms: 0 laaths IF+H); 0 Tolal Rooms: 0 Sales Information Last Sale Date~ 02/28/1992 Sale Price: $3,165,000F Lender: BANK OF SOUTHERN C First T~ust Deed: S2,100,000 Other Loans: Price perSqft: 587915 1st Prey, Sale: Amount:. P, 02 Page 1 ofl Tax Information Exemption: NONE Impro~ment Value: $170.163 Anrlual Tax: $9,005.54 Improvement %: 59 Tax RateArea: 001152 THE INFORMATION PROVIDED IS DEEMED RELIABLE, 8UT I$ NOT GUARANTEED COPYRIGHT(~1986-1998, DATA TR~CE INFORMATION SERVICES LLC. ALL RIGHTS RESERVED file://C:\h'ogram Files\BackWebkNcwSTS~tml\lkrcportg100.html 3/13,"2002 Descr~p~ien: San D/ego, CA DocUment- Year, DoclD 1992.111488 Page; 2 of 4 Order: 0B-0.3-13-2002 01-10-38 PM Comment: PRANK lt~R-13-2002 NED 01:06 PM F~N NO, P, 06 F~ Description: San D/ego, CA Document-Year. DoclD 1992.1 ~ 1488 Page: 3 Of 4 Order: CB*03-13.2002 0~~ I0-38 PM Comment: I=RAIVK ~R-13-2002 WED 01:07 P~ FhX NO, P, 08 Z Description: San Diego, CA As~essor Map 618.28 Page: ~ of 1 Order: CB-O3- f 3-2002 0f-i9-18 PM Commenf: ALFRED · MAR-]3-~O02 WED 0]:07 PM FAX NO, P, 07 Descripl~O~l: San Diego, CA Document-¥ear. DoclD 1~92.111488 Page: 4 of 4 Order: CB-05.13.2002 01-10-38 PM Comment: FRANK BROADWAY T ___T___T _r__T___2ZI_LI I L211J_I_LI_I_I I L! I I I I I RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING A PRECISE PLAN TO ALLOW THE DEVELOPMENT OF A 6,600-SQ. FT. SATELLITE RETAIL BUILDING IN AN EXISTING SHOPPING CENTER, LOCATED AT 1210 BROADWAY, SOUTHWEST CORNER OF OXFORD STREET. APPLICANT: JOHN ZIEBARTH (PCM-02-22). RECITALS I. Project Site WHEREAS, the parcel which is the subject matter of this resolution is represented in Exhibit A attached hereto and incorporated herein by this reference, and for the purpose of general description is located at 1210 Broadway ("Project Site"); and 2. Project Applicant WHEREAS, on April 15, 2002 a duly verified application for a precise plan zoning permit (PCM-02-22) was filed with the City of Chula Vista Planning Department by John Ziebarth for Rancho Broadway LTD ("Applicant"); and 3. Project Description; Application for Precise Plan Zoning Permit WHEREAS, said Applicant requests to develop a 6,600-sq. fl. satellite retail building within an existing in-line shopping center with some deviations from the CCP zoning and the Montgomery Specific Plan, which can be provided as part of a Precise Plan for the subject property and which may be given to development projects "characterized by outstanding planning or urban design" if approved by the Planning Commission and City Council on the site ("Project"); and 4. Design Review Committee Record of Application WHEREAS, the Design Review Committee held an advertised public hearing on the project on August 19, 2002 and voted 3 - 0 1 - 1 recommending that the Planning Commission approve the project; and 5. Planning Commission Record of Application WHEREAS, the Planning Commission held an advertised public hearing on the project on September 25, 2002 and continued to October 23, 2002 and voted 5 0 - 0 2 recommending that the City Council approve the project in accordance with Resolution PCM-02-22; and 6. City Council Record of Application Rcsolution No. Page 2 WHEREAS, a duly called and noticed public hearing on the project was held before the City Council of the City of Chula Vista on December I0, 2002, and continued to December 17, 2002; to receive the recommendation of the Planning Commission, and to hear public testimony with regard to the same. NOW, THEREFORE BE IT RESOLVED that the City Council does hereby find, determine, and resolve as follows: PLANNING COMMISSION RECORD The proceedings and all evidence on the Project introduced before the Planning Commission at their public hearings on this project held on September 25, 2002 and October 23, 2002 and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding. ENVIRONMENTAL DETERMINATION The Environmental Review Coordinator determined that the Project was exempt from the California Environmental Quality Act (CEQA) as a Class 3 exemption for small new structures. The Planning Commission adopted the attached Resolution PCM-02-22 including the exemption from CEQA on October 23, 2002 recommending that the City Council approve the Project. CERTIFICATION OF COMPLIANCE WITH CEQA The .City Council does hereby find that the environmental determination of the Environmental Review Coordinator and the Planning Commission was reached in accordance with requirements of the California Environmental Quality Act, the State EIR Guidelines, and the Environmental Review Procedures of the City of Chula Vista. PRECISE PLAN ZONING PERMIT FINDINGS The City Council of the City of Chula Vista does hereby make the findings required by the City's rules and regulations for the issuance of a precise plan zoning permit, as hereinbelow set forth, and sets forth, thereunder, the evidentiary basis that permits the stated finding to be made. That such plan will not, under the circumstances of the particular case, be detrimental to the health, safety or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity. The modifications proposed as part of the precise plan zoning permit will not be detrimentaI to the health, safety or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity. The allowance for modified parking and landscaping within the precise plan will Resolution No. __ Page 3 enable the development to provide an outdoor seating area without increasing the required parking spaces beyond what would be required for the entire shopping center retail floor area and indoor restaurant seating. The precise plan will also allow for a reduction in the 15-ft. landscape buffer along Broadway and Oxford Street as required in the Montgomery Specific Plan to a 1 O-ft. landscape buffer. The redevelopment of the shopping center can be considered as one "characterized by outstanding planning or urban design" in that the site plan and architecture will of the shopping center will be significantly improved, and will enhance and benefit the surrounding community and general vicinity. There will be improved vehicular and pedestrian circulation, landscape elements, and architectural elements and features shared between the new satellite building and the existing in-line shopping center building. The in-line shopping center building will receive revised facade treatment and wall signage. A more modem and subdued pole sign will be required if desired as a condition of approval. That such plan satisfies the principle for the application of the P modifying district as set forth in Section 19.56.041. Section 19.56.041 sets out four principles, one of which must be applicable to the proposed project before the Precise Plan modifying district may be applied. Based upon the facts presented, Section 19.56.041(C) would apply. This states that the basic or underlying zone regulations do not allow the property owner and/or the city appropriate control or flexibility needed to achieve an efficient and proper relationship among the uses allowed in the adjacent zones. By strict interpretation, additional parking would be required for the outdoor seating area per the Zoning Code, and a 15-ft. landscape buffer along Broadway and Oxford Street would be required as set forth in the Montgomery Specific Plan. In order to provide some flexibility to these requirements, a precise plan as set forth in the Zoning Code is the zoning pen,nit mechanism being utilized to provide the required review and approval by the Planning Commission and City Council. That any exceptions granted which deviate from the underlying zoning requirements shall be warranted only when necessary to meet the purpose and application of the P precise plan modifying district. The only exceptions to be granted which would deviate from the underlying zoning requirements is the discounting of the outdoor seating against the typical parking requirements, and the reduction in the required landscape buffer along Broadway and Oxford Street from 15-ft. to 10-ft. These deviation are appropriate because a high parking standard is already being utilized for retail floor area (1:200-sq. ft. ratio) and for restaurants (1:2.5 seat ratio), and the amount of outdoor seating request is not exorbitant as part of a smaller use and could be considered negligible. The impact of allowing for a reduction in the landscape buffer from 15-ft. to 10-ft. is lessened by the fact that it will match with the 10-ft. landscape buffer of the adjacent shopping center (Target), and that there exist 2__t-q0 Resolution No. __ Page 4 significant landscaping within the adjacent right-of-ways, such as palm trees along Broadway, and a 10-f~. planter area along Oxford Street. The landscape planter on the comer is 15-ft. surrounding the Pizza Hut. On site, the parking lot will possess landscape aisle ends that will be required as a condition of approval. That approval of this plan will conform to the general plan and the adopted policies of the city. Approval of the Precise Plan-Zoning Permit will be in substantial conformance with the General Plan Land Use Designation of Commercial Retail and the Montgomery Specific Plan Land Use Designation of Mercantile and Office Commercial. The flexibility requested with regards to parking and landscaping can be provided for within the Precise Plan and is allowed for by the Montgomery Specific Plan for developments "characterized by outstanding planning or urban design," as de'~ermined by the Design Review Committee, Planning Commission and City Council. TERMS OF GRANT OF PERMIT The City Council hereby grants Precise Plan Zoning Permit PCM-02-22 subject to the following conditions whereby the Applicant and/or property owners shall: Prior to the issuance of any permits required by the City of Chula Vista for the use of the subject property in reliance on this approval, the Applicant shall satisfy thc following requirements: Planning and Building Department Conditions: Provide revised plans and elevations incorporating all conditions of approval. The revised plans and elevations shall be submitted for review and approval by the Director of Planning and Building prior to issuance of building permit. Provide planting and irrigation plans incorporating all conditions of approval. The planting and irrigation shall be revised in conformance with the revised conceptual landscape plan, subject to review and approval by the City Landscape Architect prior to issuance of building permit. A water management plan shall be prepared and submitted with the conceptual landscape plan for review and approval by the Landscape Planner prior to issuance of building permit. Obtain sign re-face permits for all existing signage to be retained that has been installed without benefit of sign permits, including the existing Big! Lots pole sign, the Wells Fargo ATM kiosk, and permanent wall signage for Everything $5. In addition, provide a revised sign program showing the removal of the two existing pole signs on the site and replacing them as follows: 1) The pole sign on Broadway l - 5-0 .Resolution No. __ Page 5 shall be replaced with a new pylon not to exceed 32-½ f. in height and matching in style and colors the drcor of the shopping center, and 2) The pole sign on Oxford Street shall be replaced with a monument sign not to exceed 8 feet in height and also matching the drcor of the shopping center. The comprehensive signage program shall be revised to include a note to the effect that wall signs for- each potential future tenant shall be limited to 70% of the linear frontage of their space. Lighting for the facility shown on the site plan shall be in conformance with Section 17.28.020 of the Municipal Code. A lighting plan shall be provided that in~ludes details showing that the existing and any proposed lighting shall be shielded to remove any glare from adjacent properties, and shall be reviewed and approved to the satisfaction of the Planning and Building Director. A graffiti resistant treatment shall be specified for all wall and building surfaces. This shall be noted on any building and wall plans and shall be reviewed and approved by the Planning Director prior to issuance of building permits. Additionally, the project shall conform to Sections 9.20.055 and 9.20.035 of the Chula Vista Municipal Code regarding graffiti control. All building permit plans shall be reviewed for conformance with this Precise Plan Zoning Permit. Building Plans shall comply with 2001 Building, Mechanical, Plumbing, and National Electrical Code article 500. Building shall comply with handicapped accessibility requirements and 2001 Title 24 energy requirements. Openings are required to be fire protected if less than 10-ft. from a property line. One hour rated walls are required when less than 20-ft. from a property line. Resource Recycling and Conservation Coordinator Conditions: Commercial properties shall have trash enclosures, bins, or carts that meet the design specifications of the City Conservation Coordinator. The locations and orientation of storage bins and dumpsters must be pre-approved by the City franchise trash hauling company. Provide sufficient space for designated recyclables. The applicant shall contact the City Conservation Coordinator at 691-5122. Fire Department Conditions: Obtain the necessary permits from the Fire Department. Provide the address on the satellite building visible from Broadway. Provide a minimum rated fire extinguisher (2A-10BC) per 75-ft. of travel distance. A fire hydrant may be required as part of the building permit review requirements. If a fire sprinkler system is desired, the plans must be provided prior to issuance of building permit. Public Works Department Conditions: j. Ail requirements of the Public Works Department shall be met prior to issuance of building permits. Applicant shall pay all Engineering Division fees including but not Resolution No. __ Page 6 limited to sewer capacity and connections, development impact for public facilities, and traffic signal fees prior to issuance of building permits. The proposed freestanding pylon or monument signs shall require review and approval by traffic engineering to ensure that sight visibility entering and exiting the property is maintained. The location of signs shall be reviewed prior to issuance of building permits. The satellite building and reconfiguration of the parking lot and landscape islands shall be designed such that drainage flows away from the satellite building and away from neighboring structures. The drainage patterns shall be reviewed prior to issuance of building permits. A geotechnical investigation/soils study will be required along with the improvement plans to provide information addressing the erosion potential of the site as well as foundation recommendations prior to issuance of building permits. The parking lot design shall be for two-way traffic flow. Show the typical dimensions for aisle width, stall to curb, stall width, and parking stall angle. Appropriate markings and signage shall be added to direct traffic flow at each aisle. The design shall incorporate ADA requirements for parking and accessibility. The parking plan shall be reviewed prior to issuance of building permits. According to the NPDES Permit, Order No. 2001-01, the project is a priority development project, and it is required to comply with the Standard Urban Storm Water Mitigation Plans (SUSMPs) and Numeric Sizing Criteria of the Permit. In addition, the project is required to implement Best Management Practices (BMPs) to prevent pollution of the storm drainage systems, both during and after construction. Adjacent storm drain inlets shall be protected at all times during construction of the new building and improvements. A drainage study will be required along with the improvement plans and include information addressing the measures that will be implemented to reduce storm water runoff to pre-development flow rates at the outlet of the site. The drainage study shall be provided for review prior to issuance of building permits. Identify and clearly label the existing sewer and the proposed sewer lines that will serve the project, and show the connection to the existing sewer line on the required improvement plans to be provided for review prior to issuance of building permits. Police Department Conditions: The security lighting fixtures shall use low wattage bulbs. The lighting for the signage and interior nightlights shall be independently wired so that they can be independently used. This will aid in complying with the Governor's Executive Order D-19~01. r. Obtain a security survey from the Crime Prevention Unit of the Police Department for Resolution No. Page 7 specific recommendations on access control, surveillance detection, and police response. In addition, training of management and employees in security procedures and crime prevention shall COincide with the commencement of operations. The Crime Prevention Unit should be contacted at 691-5127 for more information. Other Conditions: Applicant shall contact the Chula Vista Fire Department about required fire flow requirements and submit a letter to the Sweetwater Authority stating the requirements. The Authority will determine if there is a need for new or substantial alteration to the existing water systems, as well as the availability of water for operational and fire protection purposes. t. Applicant shall pay all required fees of the Sweetwater Union High School District and the Chula Vista Elementary School District prior to issuance of building permit. 2. Prior to use or occupancy of the property in reliance on this approval, the following requirements shall be met: The site shall be developed and maintained in accordance with the approved plans which include site plans, architectural elevations, exterior materials and colors, landscaping, sign program and grading on file in the Planning Division, the conditions contained herein, Title 19, and the Montgomery Specific Plan. Prior to any use of the project site and/or business activity being commenced thereon, all Conditions of Approval shall be completed to the satisfaction of the Planning Director. c. All landscape and hardscape improvements shall be installed in accordance with the approved landscape plan and the comments of the City Landscape Planner. All ground-mounted utility appurtenances such as transformers, AC condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berming, and/or landscaping to the satisfaction of the Planning Director. All roof appurtenances, including air conditioners and other roof mounted equipment and/or projections, shall be shielded from view and the sound buffered from adjacent properties and streets as required by the Planning Director. Such screening shall be architecturally integrated with the building design and constructed to the satisfaction of the Planning Director. Details shall be included in building plans. The freestanding pole signs on Oxford Street and Broadway shall be removed. However, if the pole sign on Broadway is not removed, the applicant shall post a bond or cash deposit with the Planning Director sufficient to cover the cost of removal of said pole sign no later than three years from the date of this approval. ?esolution No. __ Page 8 A fire flow of 2,500 gallons per minute for duration of two (2) hours must be provided. The back flow preventor shall be screened from view, and the Fire Department connection shall not be located with the back flow preventor. Applicant shall obtain a security survey from the Crime Prevention Unit of the Police Department for specific recommendations on access control, surveillance detection, and police response prior to issuance of certificate of occupancy. The Precise Plan approval shall expire if building permits are not issued or the approved use has not commenced within one year from the date of this approval, unless a written request for an extension is received prior to the expiration date. 3. The following on-going condition shall apply to the subject property as long as it relies upon this approval. Approval of this request shall not waive compliance with all sections of Title 19 of the Municipal Code, and all other applicable City Ordinances in effect at the time of building permit issuance. The shopping center tenants shall be required to obtain temporary sign and special event permits for all existing or proposed banners, flags or pennant arrangements. In addition, the shopping center owner and all tenants shall immediately cease and heretofore are prohibited from parking the moving billboard trucks and utilizing inflatable whirligigs or dirigibles that have been used as advertisements in the parking lot areas. Any violations of this condition shall be referred to Code Enforcement and may be grounds for revocation of the Precise Plan Zoning Permit. b. Buildings and Landscaping shall be maintained according to the approved plans unless modifications are approved by the City of Chula Vista. c. The non-conforming 50-ft. pole sign on Broadway shall be removed within three years of the date of the approval of this Precise Plan Zoning Permit. This Precise Plan permit shall be subject to any and all new, modified or deleted conditions imposed after approval of this permit to advance a legitimate governmental interest related to health, safety or welfare which the City shall impose after advance written notice to the Permittee and after the City has given to the Permittee the right to be heard with regard thereto. However, the City, in exercising this reserved right/condition, may not impose a substantial expense or deprive Permittee of a substantial revenue source which the Permittee cannot, in the normal operation of the use permitted, be expected to economically recover. Applicant/operator shall and does hereby agree to indemnify, protect, defend and hold harmless City, its Council members, officers, employees, agents and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorneys' fees (collectively, "liabilities") incurred by tlie City arising, directly or indirectly, from (a) City's approval and issuance of this Resolution No. __ Page 9 precise plan, (b) City's approval or issuance of any other permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein. Applicant/operator shall acknowledge their agreement to this provision by executing a copy of this precise plan where indicated, below. Applicant's/operator's compliance with this provision is an express condition of this -precise plan and this provision shall be binding on any and all of Applicant?s/operator's successors and assigns. G. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL The property owner and the applicant shall execute this document by signing the lines provided below, said execution indicating that the property owner and applicant have each read, understood, and agreed to the conditions contained herein. Upon execution, this document shall be recorded with the County Clerk of the County of San Diego, at the sole expense of the property owner and/or applicant, and a signed, stamped copy of this recorded document shall be returned within ten days of recordation to the Agency's secretary. Failure to return said document to the Agency's secretary shall indicate the property owners/applicant's desire that the project, and the corresponding application for building permits and/or a business license, be held in abeyance without approval. Said document will also be on file in the Agency's office and known as document No. Signature of Property Owner Date Signature of Representative Date H. NOTICE OF EXEMPTION The City Council directs the Environmental Review Coordinator to post a Notice of Exemption and file the same with the County Clerk. I. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision, and condition herein stated; and that in the event that any one or more terms, provisions, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, this resolution and the permit shall be deemed to be automatically revoked and of no further force and effect ab initio. Resolution No. Page 10 Presented by: Approved as to form by: ú Robert A Leiter Director of Planning & Building PASSED, APPROVED and ADOPTED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA this 10th day of December, 2002 by the following vote: AYES: NOES: ABSENT: ABSTENTIONS: Steve Padilla Mayor ATTEST: Robert A Leiter Director of Planning & Building STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss CITY OF CHULA VISTA) I, Robert A Leiter, Director of Planning & Building Department of the City of Chula Vista, California DO HEREBY CERTIFY that the foregoing is a full, true and correct copy of Resolution No. _ and that the same has not been amended or repealed. Dated: December 10, 2002 Robert A Leiter Director of Planning & Building J :\Planning\HAROLD\Resolutions\CCRESOpçm-02- 22.doç -:2--1-01:, .... -= ... ... Z Z n .... ... -- c. rn :a -2 -.... .." . n ..,,"'- . ... = ns;::;ï = ..." = cp=rn:aiil!!i _s;: = = ... " ...=... ... 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N '-0 1_ 'õ:~ ¡;¡m ~~ ~ >olD N ~ t:~ '" JJ ~, ~-I ¡gŠ æ:J: n ¡.... <' ø ~~ C'n 'Õì~ 0 ~IJ 0 ~~ ~ :;; m ~~ CD CITY COUNCIL AGENDA STATEMENT Item: _D~.~ Meeting Date: 12/17/02 ITEM TITLE: Public Hearing: Request to amend the City's General Plan, Otay Ranch General Development (GDP) and Olay Ranch Sectional Planning Area (SPA) One Plan to eliminate the floating elementary school site from the Otay Ranch Village One West Planning Area and transfer Otay Ranch GDP dwelling units from Village Five to Village One West. Applicant -Otay Project, L.P. Resolution of the City Council of the City of Chula Vista approving an amendment to the City's General Plan and the Otay Ranch General Development (GDP) to eliminate the floating elementary school site from the Otay Ranch Village One West Planning Area and transfer Otay Ranch GDP dwelling units from Village Five to Village One West. Resolution of the City Council of the City of Chula Vista approving a request to amend the Otay Ranch Sectional Planning Area (SPA) One Plan modifying neighborhood boundaries in Village One West and transferring Olay Ranch SPA One dwelling units from Village Five to_Village One West. Resolution of the City Council of the City of Chula Vista approving a Revised Tentative Subdivision Map for Village One West of the Otay Ranch, Sectional Planning Area One Plan, ,C,hu~sta Tract 98-06B. SUBMITTED BY: Director of Planning and Building--~ REVIEWED BY: City Manager(Y~ ~'~ [ (4/Sths Vote: Yes No X) Otay Project, L.P. has applied to amend the City's General Plan, Otay Ranch General Development Plan and Otay Ranch SPA One Plan to convert a vacant 1 O-acre elementary school site into single- family residential land uses and requests a Revised Tentative Map to adjust the boundary of Neighborhood R-59 and create Neighborhood R-60 by transferring 65 unused dwelling units from Village Five to Village One West. The City's Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the project was covered in previously adopted FEIR 95-01and FEIR 97-03. The Environmental Review Coordinator has determined that only minor technical changes or additions to these documents are necessary and that none of the conditions described in Section 15162 and 15163 of the State CEQA Guidelines calling for the preparation of a subsequent document have occurred; therefore, the Enviromnental Review Coordinator has prepared an addendum to FEIR 95-01 and FEIR 97-03. Page 2, Item ~;;2~ Meeting Date 12/17/02 RECOMMENDATION: That the City Council adopt: A resolution approving an amendment to the City's General Plan and Otay Ranch General Development Plan to eliminate the floating elementary school site from the Otay Ranch Village One West Planning Area and transfer Otay Ranch GDP dwelling units from Village Five to Village One West; and, A resolution approving an amendment to the Otay Ranch Sectional Planning Area (SPA) One Plan modifying neighborhood boundaries in Village One West and transferring SPA One dwelling units from Village Five to Village One West; and, · A resolution approving the Revised Tentative Subdivision Map for Village One West of the Otay Ranch, Sectional Planning Area (SPA) One Plan, Chula Vista Tract 98-06B. BOARDS/COMMISSIONS RECOMMENDATION: The Planning Commission held a public hearing on December 11, 2002 to consider the Project. The Planning Commission's recommendations will be reported at the City Council meeting. DISCUSSION: 1. Site Characteristics Village One West is the western-most development area in Otay Ranch SPA One, and is currently being developed with single-family homes. This portion of Village One West is located west of Heritage Road (formerly Paseo Ranchero), south of East Palomar Street, north of Olympic Parkway and east of the existing Sunbow II Planned Community (See Attachment #1). The balance of the Village One West project area is north of East Palomar Street. East Palomar Street extends through Village One West, and connects Otay Ranch to the Sunbow Planned Community. 2. General Plan, Zoning and Land Use General Plan In 1999, the City's General Plan, Otay Ranch GDP and SPA One Plan were amended to add Village One West to the SPA One project area. This amendment also added an elementary school site to the Village One West area on the General Plan and Otay Ranch GDP. The addition of the elementary school site was coordinated by the City, the Chula Vista Elementary School District (CVESD) and Otay Project, L.P. and was in response to the uncertainty of the district's ability to Page 3, Item Meeting Date 12/17/02 utilize a school site in the nearby Sunbow Planned Community. The district believed that if they were unable to secure a school site in Sunbow, they would be able to utilize a "secondary" site in Village One West of Otay Ranch. Although both of the elementary school sites on the City's General Plan were "floating", they were generally one-quarter mile away from each other. Because of the locations of other elementary schools that surround the Sunbow Planned Conununity (i.e. Greg Rogers Elementary, Casillas Elementary and Heritage Elementary), the CVESD had always indicated that they would only develop one school in either Sunbow or Village One West, not both. In the event that the 10-acre school site in Village One West was not utilized, the underlying land use designation was Low-Medium single-family residential, consistent with the rest of the Village One West. Zoning Otay Ranch is zoned Planned Community (PC) as are the other master planned communities such as Sunbow and Eastlake. Land development regulations are contained in the Planned Community District Regulations within each master planned community SPA plan. Current LandUse The project site has been graded and is currently vacant. The northern portion of Village One West is currently under development for single-family residences, totaling 400 homes at build-out. The south portion (project area) is also currently under development and allows 445 homes at build-out. The eastern portion of the Sunbow II development lies directly adjacent to Village One West and is also under development. Village Two and Village Two West, located to the south, are still used for agricultural purposes. 3. Proposed Plan The proposed amendments to the City's General Plan and Otay Ranch General Development Plan would eliminate the floating elementary school site from Otay Ranch Village One West. This application is in response to the CVESD's decision to develop a 1 O-acre school site in the eastern portion of the Sunbow Planned Community and not utilize the site designated in Village One West (See Attachment #2). The district had always intended to utilize only one of the sites. The school district determined it will serve the area with the elementary school site located adjacent to the western boundary of Otay Ranch within the Sunbow Planned Community (See Attachment #3). Recently, the C.V.E.S.D. has finalized the purchase of the 1 O-acre elementary school on the eastern edge of the Sunbow Planned Community on the south side of East Palomar Street. The school district plans to begin construction of the school facility in the next several weeks and open the school in the fall of 2003. 22 -B Page 4, Item -,~ Meeting Date 12/17/02 With the knowledge that the district was finalizing the pumhase of the Sunbow site, the applicant (Otay Project, L.P.) submitted the proposal to eliminate the 1 O-acre elementary school site in Village One West by amending the City's General Plan, Otay Ranch General Development Plan and Otay Ranch SPA One Plan to convert the school site into single-family residential land uses (See Attachment #4). The application proposes to amend the Otay Ranch GDP and SPA One plan by increasing the single-family residential dwelling units in Village One West with a corresponding decrease in multi-family units in Village Five. The proposal includes the reduction of allowable Otay Ranch GDP multi-family dwelling units in Village Five from 1,615 to 1,550, and increasing the GDP single-family unit count in Village One West from 845 to 910, thus, the 65-unit transfer from Village Five to Village One West. The applicant proposes to transfer the dwelling units from Village Five, Neighborhood R-30B, and utilize them in Village One West by adding 16 of the 65 to the expanded R-59 neighborhood and creating Neighborhood R-60 with 49 lots. The applicant is authorized by the Otay Ranch GDP policies to utilize an underlying residential land use ifa public facility such as a school is relocated out of a village. The SPA One document also authorizes the transfer of dwelling units between villages if they are within the same Sectional Planning Area. Table #1 below details the changes in dwelling units between the villages in SPA One. After the redistribution, there are a total o f 56 unused dwelling units in SPA One authorized by the Otay Ranch GDP. Table #1 EXISTING DWELLING UNITS GDP SPA SF MF SF MF ~/[llage One 1,544 1,522 1,544 1,521 Village Five 1,263 1,615 1,217 1,605 Village One West 845 0 845 0 Subtotal 3,652 3,137 3,606 3,126 Dverall Total 6,789 6,732 PROPOSED DWELLING UNITS GDP SPA SF MF SF MF ¢illage One 1,544 1,522 1,544 t ,521 Village Five 1,263 1,550 1,217 1540 ¢illage One West 910 0 910 0 Subtotal 3,717 3,072 3,671 3,061 Overall Total 6,789 6,732 The Applicant also requests a Revised Tentative Map (See Attachment #5) to increase the boundary of Neighborhood R-59 and create Neighborhood R-60 by accommodating the transferred dwelling Page 5, Item ~x Meeting Date 12/17/02 units. The new subdivision involves the 10 acres from the school site and a minor reconfiguration of Neighborhood R-59 on approximately 15.3 acres of total land area. As a result, the proposed Revised Tentative Map has modified the neighborhood boundaries south of East Palomar Street as depicted on the proposed Otay Ranch SPA One Land Use Plan, Village One West Land Use Plan and SPA One Zoning District Map (See Attachment//2). The boundary changes to the Zoning District Map require an ordinance change to the SPA One Planned Community District Regulations. The applicant proposes all of the residential lots in the project be located on private streets with access from Santa Sierra Drive off of the south side of East Palomar Street. The reconfiguration of Neighborhood R-59 is required in order to provide acceptable circulation of residential streets to Neighborhood R-60 to the north. Tenaya Lake Road provides the vehicular access to both neighborhoods from Santa Sierra Drive. One attended Entry Cottages (guard houses), of the same design to those currently used in Village One, has been previously approved just south of East Palomar Street. This entry will be designed as "Secondary Village Entry Streets" as described in the SPA One Plan, utilizing wider 8-foot parkways for street trees and a 6-foot sidewalk on one side. This design encourages pedestrian-friendly movement and an inviting streetscape. The Revised Tentative Map is consistent with the General Plan and Otay Ranch GDP policies for landform grading. The landform grading approved on the original Tentative Map has also been included on the Revised Tentative Map. The slope edges have been pulled back from East Palomar Street and Heritage Road to create undulation along the north and east slope of the project. The Revised Tentative Map proposes modifying the configuration of Neighborhood R-59 and creating Neighborhood R-60. The neighborhood in Village One West provide for varying densities of single-family residential land use. Lot sizes on the Village One West Revised Tentative Map have not changed from the previous approval from this project. Neighborhood R-59 will have 50-feet by 100-feet lots that will average 5,000 square-foot and Neighborhood R-60 will contain 4,250 square- foot (average) lot sizes that are an average of 50-feet wide by 85-feet long. The Tentative Map conditions previously approved and applied to Village One West will also be applied to the Revised Tentative Map for Neighborhoods R-59 and R-60. 4. Analysis The proposed amendments to the City's General Plan, Otay Ranch General Development Plan and Otay Ranch SPA One Plan along with a Revised Tentative Map application for Village One West remain consistent with prior approvals including the GDP amendment approved by City Council on November 10, 1998. The school district's decision to eliminate the elementary school location in Village One West provides the applicant the opportunity to utilize the underlying land use of single- family residential as authorized by the Otay Ranch GDP. Page 6, Item Meeting Date 12/17/02 The design of the new single-family neighborhood (R-60) is consistent with the landform grading and circulation policies of the City's General Plan and the Otay Ranch GDP. The new subdivision design has improved the development edge of Village One Wes and complies with the General Plan landform grading policies and is consistent with the SPA One Plan for Village One West. The vehicular circulation provided for the subdivision allows for multiple-access to the subdivision for emergency responses. The Otay Ranch GDP and SPA Plan allows for the transfer of dwelling units from village to village within a SPA area. The dwelling unit transfer from Village Five to Village One West, which are both located in SPA One, involves a decrease in the Village Five units and an increase in the Village One West units. As illustrated in Table #1 on Page 4, the dwelling unit total will not change with the dwelling unit transfer. The GDP authorization remains 6,789 units, while the SPA Units allocated remains 6,732 units. 5. Conclusion Staff believes that the subject amendments and Revised Tentative Map application for Village One West are consistent with the approved Otay Ranch SPA One Plan and the Otay Ranch GDP policies and recommends approval of the amendments and Revised Tentative Map subject to the Revised Tentative Map (C.V.T. 98-06B) Conditions of Approval (see Council Resolution, Exhibit 'B'). FISCAL IMPACT: The cost associated with processing the project is covered by the applicant's deposit account. Attachments 2. 3. 4. 5. 6. 7. 8. Locator Map Chula Vista Elementary School District Letter (08/28/02) Proposed Village One West Land Use Plan and Village Five Land Use Plan Revised Tentative Subdivision Map (C.V.T. 98-06B) Planning Commission Resolution (GPA-03-01) Planning Conmfission Resolution (PCM-03-01) Planning Commission Resolution (PCS-02-09) Disclosure Statement RANCHO DEl_ REY POINTE RIDGE ~SUNBOW II /R 59 CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT PROJECT DE SCR1PTION: APPLICANT: OTAY PROJECT, L.R PROJECT OTAY RANCH VILLAGE ONE, WEST MISCELLANEOUS ADDRESS R59/RC0; South of East Palomar St 37A & GDP Amendment: ~ROPOSE to conved the West of Paseo Ranchero existing school site into sfngle family neighborhood ,.. NORTH No Scale PCM-03-01 Related Case(s) j~horne\pTanning\cherrylc\locators\pcm0301 cdr 07 10 02 CHULA VISTA ELEMENTARY SCHOOL DISTRICT EAST J STREEF · CtIULA VISTA, CALIFORNIA 91910 , 619 425-9600 EACH CHILD IS AN INDIVIDUAL OF GREAT WORTH BOARD OF EDUCATION August 28, 2002 CHERY[ S. COX, EdD LARRY CUNNINGHAM PATRICKA JUDD BERTHA I. LOPEZ PAMELA B SMITH SUPERINTENDENT LIBIA S GIL, Ph D Mr. Rich Whipple Associate Planner City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Dear Mr. Whipple: Re: Construction of Elementary School in Sunbow vs, Otay Ranch Village 1 West S-3 School Site Chula Vista Elementary School District (CVESD), like other districts in the State, is facing challenging school facility demands: Construction in Southern California is 70 percent higher than projected state figures and few resources are coming out of Sacramento to support growth needs. Hardship and priority points for other districts have redirected approved funding from CVESD. Other district applications are given 2765 priority points while CVESD was only given 76; hence the district's projects (ovC~r $18 million) remain on the unfunded approval list until such time monies become available. Promise of a new State bond in November is encouraging. The challenge is a statewide issue as much as it is a local Chula Vista issue. Fortunately all major area developers have agreed to mitigate through formation of CFDs. Smaller infill projects that pay basic fees cover less than half the cost of student housing needs. We are also trying to be creative where possible. By partnering with Ayres Land Company we are able to apply for Qualified Zone Academy Bonds, a federal zero-interest loan program (using tax credits) to augment our capital facility program. This will help finance construction of the Sunbow school (school No. 40). The Division of the State Architect is reviewing plans for this school, which will be located in the Sunbow development. This site will have a master capacity of 900 students (750 with class size reduction), which will accommodate the student population from both Sunbow and Otay Ranch Village 1 West. Construction of School No. 40 is scheduled to begin approximately March 2003 with plans of opening July 2004 on a year round calendar. 8~28~02 Mr. Rich Whipple Re: Construction of Sunbow School Page 2 of 2 Relocation of the Sunbow site several years ago made the need for the nearby Otay Ranch SPA One S-3 site unnecessary as both sites are within a quarter of a mile of each other. Additionally other elementary schools are slated for future Villages in the Otay Ranch area. If additional information is needed, please give me a call. Sincerely, ~ (.~L"owell Billings,~.D. Assistant Superintendent for Business Services and Support LB:dp cc: Richard Rosaler Martin Miller Ranie Hunter ~ 0 E x LU RESOLUTION NO. GPA-03-01 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA RECOMMENDING THAT THE CITY COUNCIL APPROVE AN AMENDMENT TO THE CITY'S GENERAL PLAN AND THE OTAY RANCH GENERAL DEVELOPMENT (GDP) TO ELIMINATE THE FLOATING ELEMENTARY SCHOOL SITE FROM THE OTAY RANCH VILLAGE ONE WEST PLANNING AREA AND TRANSFER OTAY RANCH GDP DWELLING UNITS FROM VILLAGE FIVE TO VILLAGE ONE WEST. WHEREAS, the property which is the subject matter of this resolution is identified as Exhibit "A" attached to City Council Resolution No. __ and described on Chula Vista Tract 98-06B, and is commonly known as Village One West (South), ("Property"); and, WHEREAS, a duly verified application to amend the City's General Plan and Otay Ranch General Development Plan portion of Otay Ranch Village One West (South) was filed with the City of Chula Vista Planning and Building Department on July 1, 2002 by Otay Project, L. P., ("Applicant"); and, WHEREAS, the application requests to amend the City's General Plan and the Otay Ranch General Development (GDP) to eliminate the floating elementary school site from the Otay Ranch Village One West Planning Area and transfer Otay Ranch GDP dwelling units from Village Five to Village One West; and, WHEREAS, the development of the Property has been the subject matter of the Otay Ranch General Development Plan ("GDP") previously approved by the City Council on October 28, 1993 by Resolution No. 17298, and as amended on November 10, 1998 by Resolution No. 19253 ("GDP Resolution") wherein the City Council, in the environmental evaluation of said GDP, relied in part on the Otay Ranch General Development Plan, Final Environmental Impact Report No. 90-01, SCH #9010154 ("Program FEIR 90-01"); and, WHEREAS, the development of the Property has been the subject matter of a Sectional Planning Area One Plan ("SPA One Plan") previously approved by the City Council on June 4, 1996 by Resolution No. 18286, and as amended on February 16, 1999 by Resolution No. 19375, wherein the City Council, in the environmental evaluation of said SPA One Plan, relied in part on the original Otay Ranch SPA One Plan Final Environmental Impact Report No. 95-01, SCH #94101046 ("FEIR 95-01"), and the amended Otay Ranch SPA One Plan Final Environmental Impact Report No. 97-03, SCH #97091079 ("FEIR 97-03"); and, WHEREAS, the City's Environmental Review Coordinator has reviewed the Project for compliance with the California Enviromnental Quality Act and has determined that the project was covered in previously adopted FEIR 95-01 and FEIR 97-03. The Environmental Review Coordinator has determined that only minor technical changes or additions to this document are necessary and that none of the conditions described in Section 15162 and 15163 of the State CEQA Guidelines calling for the preparation of a subsequent document have occurred; therefore, the Environmental Review Coordinator has prepared an addendum to FEIR 95-01 and FEIR 97-03 in accordance with State CEQA Guidelines Section 15164 and adopted pursuant to Resolution No. (GPA-03-01); and, WHEREAS, the Planning Commission set the time and place for a hearing on said General Plan and Otay Ranch GDP amendment (GPA-03-01) and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 feet of the exterior boundaries of the Project site at least ten days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. on December 11,2002, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED THAT, from the facts presented to the Planning Commission, the Commission has determined that the approval of an amendment to the City's General Plan and Otay Ranch General Development Plan (GPA-03-01) is consistent with the City of Chula Vista General Plan, the Otay Ranch General Development Plan, Otay Ranch SPA One Plan, and all other applicable Plans, and that the public necessity, convenience, general welfare and good planning practice support the approval. BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION recommends that the City Council adopt a resolution approving an amendment o the City's General Plan and Otay Ranch General Development Plan (GPA-03-01) in accordance with the findings contained in the attached City Council Resolution No. And that a copy of this resolution be transmitted to the owners of the property and the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 1 lth day of December, 2002 by the following vote, to-wit: AYES: NOES: ABSENT: ABSTENTIONS: Kevin O'Neil, Chair ATTEST: Diana Vargas, Secretary RESOLUTION NO. PCM-03-01 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA RECOMMENDING THAT THE CITY COUNCIL APPROVE AN AMENDMENT TO THE OTAY RANCH SECTIONAL PLANNING AREA (SPA) ONE PLAN MODIFYING NEIGHBORHOOD BOUNDARIES IN VILLAGE ONE WEST AND TRANSFERRING SPA ONE DWELLING UNITS FROM VILLAGE FIVE TO VILLAGE ONE WEST. WHEREAS, the property which is the subject matter of this resolution is identified as Exhibit "A" attached to City Council Resolution No. __ and described on Chula Vista Tract 98-06B, and is commonly known as Village One West (South), ("Property"); and, WHEREAS, a duly verified application to amend the Otay Ranch Sectional Planning Area (SPA) One Plan portion of Otay Ranch Village One West (South) was filed with the City of Chula Vista Planning and Building Department on July 1, 2002 by Otay Project, L. P., ("Applicant"); and, WHEREAS, the application requests to amend the Otay Ranch Sectional Planning Area (SPA) One Plan portion of Otay Ranch Village One West modifying neighborhood boundaries in Village One West and transferring SPA One dwelling units from Village Five to_Village One West; and, WHEREAS, the development of the Property has been the subject matter of the Otay Ranch General Development Plan ("GDP") previously approved by the City Council on October 28, 1993 by Resolution No. 17298, and as amended on November 10, 1998 by Resolution No. 19253 ("GDP Resolution") wherein the City Council, in the environmental evaluation of said GDP, relied in part on the Otay Ranch General Development Plan, Final Environmental Impact Report No. 90-01, SCH #9010154 ("Program FEIR 90-01"); and, WHEREAS, the development of the Property has been the subject matter of a Sectional Planning Area One Plan ("SPA One Plan") previously approved by the City Council on June 4, 1996 by Resolution No. 18286, and as amended on February 16, 1999 by Resolution No. 19375, wherein the City Council, in the environmental evaluation of said SPA One Plan, relied in part on the original Otay Ranch SPA One Plan Final Environmental Impact Report No. 95-01, SCH #94101046 ("FEIR 95-01"), and the amended Otay Ranch SPA One Plan Final Environmental Impact Report No. 97-03, SCH #97091079 ("FEIR 97-03"); and, WHEREAS, the City's Environnmntal Review Coordinator has reviewed the Project for compliance with the California Environmental Quality Act and has determined that the project was covered in previously adopted FEIR 95-01 and FEIR 97-03. The Environmental Review Coordinator has determined that only minor technical changes or additions to this document are necessary and that none of the conditions described in Section 15162 and 15163 of the State CEQA Guidelines calling for the preparation of a subsequent document have occurred; therefore, the Environmental Review Coordinator has prepared an addendum to FEIR 95-01 and FEIR 97-03 in accordance with State CEQA Guidelines Section 15164 and adopted pursuant to Resolution No. (GPA-03-01); and, WHEREAS, the Planning Commission set the time and place for a hearing on said Otay Ranch Sectional Planning Area (SPA) One Plan amendment (PCM-03-01) and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 feet of the exterior boundaries of the Project site at least ten days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. on December 11, 2002, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED THAT, from the facts presented to the Planning Commission, the Commission has determined that the approval of an amendment to the Otay Ranch Sectional Planning Area (SPA) One Plan (PCM-03-01) is consistent with the City of Chula Vista General Plan, the Otay Ranch General Development Plan, Otay Ranch SPA One Plan, and all other applicable Plans, and that the public necessity, convenience, general welfare and good planning practice support the approval. BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION recommends that the City Council adopt a resolution approving an amendment to the Otay Ranch Sectional Planning Area (SPA) One Plan (PCM-03-01) in accordance with the findings contained in the attached City Council Resolution No. And that a copy of this resolution be transmitted to the owners of the property and the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 11 th day o£ December, 2002 by the £ollowing vote, to-wit: AYES: NOES: ABSENT: ABSTENTIONS: Kevin O'Neil, Chair ATTEST: Diana Vargas, Secretary RESOLUTION NO. PCS-02-09 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA RECOMMENDING THAT THE CITY COUNCIL APPROVE A REVISED TENTATIVE SUBDIVISION MAP FOR VILLAGE ONE WEST OF THE OTAY RANCH, SECTIONAL PLANNING AREA ONE PLAN, CHULA VISTA TRACT 98-06B. WHEREAS, the property which is the subject matter of this resolution is identified as Exhibit "A" attached to City Council Resolution No. and described on Chula Vista Tract 98-06B, and is commonly known as Village One West (South), ("Property"); and, WHEREAS, a duly verified application for the subdivision of the Property in the form ora tentative subdivision map known as "Tentative Map, Otay Ranch Village One West R-59 & R-60, Chula Vista Tract 98-06B", ("Project"), was filed with the City of Chula Vista Planning and Building Department on April 11,2002 by Otay Project, L. P., ("Applicant"); and, WHEREAS, the application requests the approval for the subdivision of approximately 15.26 acres located west of Heritage Road, north o f Olympic Parkway, south of East Palomar Street, and east of the Santa Sierra Drive in the area known as Otay Ranch Village One West (South) into 92 residential lots, 2 private street lots and 10 private open space lots for a total of 104 lots; and, WHEREAS, the development of the Property has been the subject matter of the Otay Ranch General Development Plan ("GDP") previously approved by the City Council on October 28, 1993 by Resolution No. 17298, and as amended on November l 0, 1998 by Resolution No. 19253 ("GDP Resolution") wherein the City Council, in the environmental evaluation of said GDP, relied in part on the Otay Ranch General Development Plan, Final Environmental Impact Report No. 90-01, SCH #9010154 ("Program FEIR 90-01"); and, WHEREAS, the development of the Property has been the subject matter of a Sectional Planning Area One Plan ("SPA One Plan") previously approved by the City Council on June 4, 1996 by Resolution No. 18286, and as amended on February 16, 1999 by Resolution No. 19375, wherein the City Council, in the environmental evaluation of said SPA One Plan, relied in part on the original Otay Ranch SPA One Plan Final Environmental Impact Report No. 95-01, SCH #94101046 ("FEIR 95-01"), and subsequent Otay Ranch SPA One Plan Final Environmental Impact Report No. 97-03, SCH #97091079 ("FEIR 97-03'); and, WHEREAS, the Applicant filed an amendment to the Otay Ranch SPA One Plan, (PCM-03- 01 ), and said amendment was adopted by the City Council on December 17, 2002 by Resolution No. ; and, WHEREAS, the City's Environmental Review Coordinator has reviewed the Project for compliance with the California Environmental Quality Act and has determined that the project was covered in previously adopted FEIR 95-01 and FEIR 97-03. The Environmental Review Coordinator determined that only minor technical changes or additions to this document are necessary and that none of the conditions described in Section 15162 and 15 ! 63 of the State CEQA Guidelines calling for the preparation of a subsequent document have occurred; therefore, the Environmental Review Coordinator prepared an addendum to FEIR 95-01and FEIR 97-03 in accordance with State CEQA Guidelines Section 15164 and adopted pursuant to Resolution No. (GPA-03-01); and, WHEREAS, the Planning Commission set the time and place for a hearing on said "Tentative Map, Otay Ranch Village One West R-59 & R-60, Chula Vista Tract 98-06B", (PCS-02- 09) and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 feet of the exterior boundaries of the Project site at least ten days prior to the hearing; and, WHEREAS, the heating was held at the time and place as advertised, namely 6:00 p.m. on December 11,2002, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED THAT, from the facts presented to the Planning Commission, the Commission has determined that the approval of "Tentative Map, Otay Ranch Village One West R-59 & R-60, Chula Vista Tract 98-06B", (PCS-02-09) is consistent with the City of Chula Vista General Plan, the Otay Ranch General Development Plan, Otay Ranch SPA One Plan, and all other applicable Plans, and that the public necessity, convenience, general welfare and good plarming practice support the approval. BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION recommends that the City Council adopt a resolution approving "Tentative Map, Otay Ranch Village One West R- 59 & R-60, Chula Vista Tract 98-06B", (PCS-02-09) in accordance with the findings contained in the attached City Council Resolution No. And that a copy of this resolution be transmitted to the owners of the property and the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA~ CALIFORNIA, this 1 lth day o£December, 2002 by the £ollowing vote, to-wit: AYES: NOES: ABSENT: ABSTENTIONS: Kevin O'Neil, Chair ATTEST: Diana Vargas, Secretary 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: 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. Otay Project L.P. 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. James Baldwin Alfred Baldwin 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. 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): Please Identi~ each and eve~ person, including any agents, employees, consultants, independent contractom who you have assigned to represent you before the City in this matter. James Baldwin Kent Aden, Rob Cameron A1 Baldwin Ranie Hunter Kim Kilkenny Chuck Cater or 6, Have you and/or your officers or agents, in the aggregate, contributedm.g..e than $1,000 to a Councilmember in the current or preceding election period? Yes No ~x, If yes, state which Councilmember(s): Date: 6/21/02 (NO TE: A TTA CH ADDITIONAL PAGES 'A~ - ' Signature of contractor/applicant Ranie Hunter Print or type name of contrac[or/applicant · Person ts defined as "An)/individual. firm. co-partnershtp j'otnt venture, association. ~ocia! club, fret~terna/organization, corporation, estate, trust, recelwr, syndtcate, this and any o ]~r coun~ city and country, c~l~ municipall'ty, district, or other polttical subdtw~ton, or any RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE CITY'S GENERAL PLAN AND THE OTAY RANCH GENERAL DEVELOPMENT (GDP) TO ELIMINATE THE FLOATING ELEMENTARY SCHOOL SITE FROM THE OTAY RANCH VILLAGE ONE WEST PLANNING AREA AND TRANSFER OTAY RANCH GDP DWELLING UNITS FROM VILLAGE FIVE TO VILLAGE ONE WEST. WHEREAS, the property which is the subject matter of this resolution is identified as Exhibit "A" attached hereto and described on Chula Vista Tract 98-06B, and is commonly known as Village One West (South), ("Property"); and, WHEREAS, a duly verified application to amend the City's General Plan and Otay Ranch General Development Plan portion of Otay Ranch Village One West (South) was filed with the City of Chula Vista Planning and Building Department on July 1, 2002 by Otay Project, L. P., ("Applicant"); and, WHEREAS, the application requests to amend the City's General Plan and the Otay Ranch General Development (GDP) to eliminate the floating elementary school site from the Otay Ranch Village One West Planning Area and transfer Ot~.y Ranch GDP dwelling units from Village Five to Village One West; and, WHEREAS, the development of the Property has been the subject matter of the Otay Ranch General Development Plan ("GDP") previously approved by the City Council on October 28, 1993 by Resolution No. 17298, and as amended on November 10, 1998 by Resolution No. 19253 ("GDP Resolution") wherein the City Council, in the environmental evaluation of said GDP, relied in part on the Otay Ranch General Development Plan, Final Environmental Impact Report No. 90-01, SCH #9010154 ("Program FE1R 90-01"); and, WHEREAS, the development of the Property has been the subject matter of a Sectional Planning Area One Plan ("SPA One Plan") previously approved by the City Council on June 4, 1996 by Resolution No. 18286, and as amended on February 16, 1999 by Resolution No. 19375, wherein the City Council, in the environmental evaluation of said SPA One Plan, relied in part on the original Otay Ranch SPA One Plan Final Environmental Impact Report No. 95-01, SCH #94101046 ("FEIR 95-01"), and the amended Otay Ranch SPA One Plan Final Environmental Impact Report No. 97-03, SCH #97091079 ("FEIR 97-03"); and, WHEREAS, the City's Environmental Review Coordinator has reviewed the Project for compliance with the California Environmental Quality Act and has determined that the project was covered in previously adopted FEIR 95-01 and FEIR 97- 03. The Environmental Review Coordinator has determined that only minor technical changes or additions to this document are necessary and that none of the conditions described in Section 15162 and 15163 of the State CEQA Guidelines calling for the preparation of a subsequent document have occurred; therefore, the Environmental Review Coordinator has prepared an Addendum to FEIR 95-01 and FEIR 97-03 in accordance with State CEQA Guidelines Section 15164, attached hereto as Exhibit "B"; and, WHEREAS, the Planning Commission set the time and place for a hearing on said General Plan and Otay Ranch GDP amendment (GPA-03-01) and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 feet of the exterior boundaries of the Project site at least ten days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. on December 11, 2002, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and, WHEREAS, by a vote of project; and, the Planning Commission approved the WHEREAS, a public hearing was scheduled before the City Council of the City of Chula Vista on said General Plan and Otay Ranch GDP amendment (GPA-03-01); and, 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 December 11, 2002, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. These documents, along with any documents submitted to the decision makers, shall comprise the entire record of the proceedings for any California Environmental Quality Act (CEQA) claims. II. ACTION The City Council approves an amendment to the General Plan and Otay Ranch GDP (GPA~03-01) eliminating the floating elementary school site from the Otay Ranch Village One West Planning Area, attached hereto as Exhibit "C". The City Council also hereby transfers 65 Otay Ranch GDP dwelling units from Village Five to Village One West, as shown on attachments hereto as Exhibits "D" and "E", finding such transfer is consistent with the City of Chula Vista General Plan, the Otay Ranch General Development Plan, and all other applicable Plans, and that the public necessity, convenience, general welfare and good planning and zoning practice support their approval and implementation. II1. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council hereby finds that the Project, as described and analyzed in the Program FEIR 90-01, FEIR 95-01, and subsequent FEIR 97-03, would have no IV. VI. new effects that were not examined in the preceding Program FEIR 90-01, FEIR 95-01, and subsequent FE1R 97-03 [Guideline 15168 (c)(2)]; and, CEQA FINDING REGARDING PROJECT WITHIN SCOPE OF PRIOR EIR The City Council hereby finds that: (1) there were no changes in the Project fi.om the Program FEIR 90-01, FEIR 95-01 and FEIR's 97-03 which would require revisions of said reports; (2) no substantial changes have occurred with respect to the circumstances under which the Project is undertaken since the previous reports; (3) and no new information of substantial importance to the Project has become available since the issuance and approval of the prior reports; 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 Program FEIR 90-01, FEIR 95- 01 and subsequent FEIR-97-03, and Addendum attached hereto [Guideline 15168 (c)(2) and 15162 (a)]. INDEPENDENT JUDGMENT OF CITY COUNCIL The City Council finds that the Addendum prepared to FEIR-95-01 and FEIR 97- 03, attached hereto as Exhibit "B" reflects the independent judgment of the City Council of the City of Chula Vista and hereby adopts the Addendum. INCORPORATION OF ALL MITIGATION MEASURES AND ALTERNATIVES The City Council does hereby re-adopt and incorporate herein as conditions for this approval all applicable mitigation measures and alternatives, as set forth in the findings adopted in the Otay Ranch GDP Program FEIR 90~01, Otay Ranch SPA One FEIR 95-01, and subsequent Otay Ranch SPA One FEIR 97-03. VII. 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 is within the scope of the Otay Ranch GDP FEIR 90-01, SPA One Plan FEIR 95-01 and subsequent SPA One Plan FEIR 97-03 adequately describes and analyzes this project for the purposes of CEQA [Guideline 15168 (e)]. VIII. OTAY RANCH GENERAL DEVELOPMENT PLAN FINDINGS The proposed Project is consistent with the Otay Ranch General Development plan for the following reasons: THE PROPOSED DEVELOPMENT AS DESCRIBED BY THE GENERAL DEVELOPMENT PLAN IS 1N CONFORMITY WITH THE PROVISION OF THE CHULA VISTA GENERAL PLAN. The General Plan and Otay Ranch General Development Plan Amendment reflects the land uses, circulation system, open space and recreational uses, and public facility uses consistent with the Otay Ranch General Development Plan and Chula Vista General Plan. The elementary school site in Village One West was added to the City's General Plan and Otay Ranch General Development Plan in the event that the primary school site identified in the nearby Sunbow Planned Community was unavailable. The Chula Vista Elementary School District (C.V.E.S.D.) has purchased the Sunbow site and determined that the Village One West site is no longer needed. A PLANNED COMMUNITY DEVELOPMENT CAN BE INITIATED BY ESTABLISHMENT OF SPECIFIC USES OR SECTIONAL PLANNING AREA PLANS WITHiN TWO YEARS OF THE ESTABLISHMENT OF THE PLANNED COMMUNITY ZONE. The Otay Ranch Sectional Planning Area (SPA) One Plan was adopted within two years of the establishment of the Planned Community Zone District in Otay Ranch IN THE CASE OF THE PROPOSED RESIDENTIAL DEVELOPMENT, THAT SUCH DEVELOPMENT WILL CONSTITUTE A RESIDENTIAL ENVIRONMENT OF SUSTAINED DESIREABLILITY AND STABILITY; AND THAT IT WILL BE IN HARMONY WITH OR PROVIDE COMPATIBLE VARIETY TO THE CHARACTER OF THE SURROUNDiNG AREA, AND THAT THE SITES PROPOSED FOR PUBLIC FACILITIES SUCH AS SCHOOLS, PLAYGROUNDS ANT) PARKS, ARE ADEQUATE TO SERVE THE ANTICIPATED POPULATION AND APPEAR ACCEPTABLE TO THE PUBLIC AUTHORITIES HAVING JURISDICIN THEREOF. The planned single-family residential development for the project is designed to be compatible with the existing residential neighborhoods in Otay Ranch Village One West. The amendment contains provisions and requirements to ensure the orderly, phased development of the project. IN THE CASE OF PROPOSED iNDUSTRIAL AND RESEARCH USES, THAT SUCH DEVELOPMENT WILL BE APPROPRIATE IN AREA, LOCATION, AND OVER-ALL DESIGN TO THE PURPOSE INTENDED; THAT THE DESIGN AND DEVELOPMENT STANDARDS ARE SUCH AS TO CREATE A RESEARCH OR INDUSTRIAL ENVIRONMENT OF SUSTAINED DESIREABILITY AND STABILITY; AND, THAT SUCH DEVELOPMENT WILL MEET PERFORMANCE STANDARDS ESTABLISHED BY THIS TITLE. The Project does not involve Industrial or Research land uses. IN THE CASE OF INSTITUTIONAL, RECREATIONAL AND OTHER SIMILAR NONRESiDENTIAL USES, THAT SUCH DEVELOPMENT WILL BE APPROPRIATE IN AREA, LOCATION AND OVER-ALL PLANNING TO THE PURPOSE PROPOSED, AND THAT SURROUNDING AREAS PROTECTED FROM ANY ADVERSE EFFECTS FROM SUCH DEVELOPMENT. The Project does not involve Institutional, Recreational or Nonresidential uses. THE STREETS AND THOROUGHFARES PROPOSED ARE SUITABLE AND ADEQUATE TO CARRY THAT ANTICIPATED TRAFFIC THEREON. The Project's street circulation provides for sufficient access for the single-family residences in the development. A comprehensive street network serves the project and provides for access to off-site adjacent properties. The design of the subdivision development utilizes a loop-road design within the development to provide multiple points of access to Santa Sierra Drive. ANY PROPOSED COMMERCIAL DEVELOPMENT CAN BE JUSTIFIED ECONOMICALLY AT THE LOCATION(S) PROPOSED AND WILL PROVIDE ADEQUATE COMMERCIAL FACILITIES OF THE TYPES NEEDED AT SUCH PROPOSED LOCATION(S). The Project does not involve Commemial development uses. THE AREA SURROUNDING SAID DEVELOPMENT CAN BE PLANNED AND ZONED 1N COORDINATION AND SUBSTANTIAL COMPATIBILITY WITH SAID DEVELOPMENT. The land uses within Otay Ranch are designated with an underlying land use in place in the event of the relocation or deletion of public facilities such as schools. The underlying land use in the project is single-family residential and has been appropriately zoned and planned in coordination with surrounding development consistent with the policies described in the General Plan and Otay Ranch General Development Plan. Presented by Approved as to form by Robert Leiter Planning and Building Director John M. Kaheny City Attorney RANCHO DEL REY ~.c.o \ } /' / DEL REY ~/' /'/ FUTURE SCHOOL SITE RIDGE SUNBOW II LOCATION CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT PROJECT DESCRIPTION: APPLICANT: OTAY PFL~:UECT, EFt FROJECT OTAY RANCH VILLAGE ONE, WEST MISCELLANEOUS ADDRESS R59/R60; South of East Palomar St. .;PA & GDP Amendment: 'lpR0~OSE ~ to convert the West of Paseo Ranchero existin9 school site into single family nei§hborhood SCALE: FILE NUMBER: NORTH No Scale PCM-03-01 Related Case(s): ~'u~-uz-uu · :\home\planning\ch errylc\locators\pcm0301 .cdr 0710.02 EXHIBIT "A" ADDENDUM TO ENVIRONMENTAL IMPACT REPORTS EIR 95-01 and EIR 97-03 PROJECT NAME: PROJECT LOCATION: PROJECT APPLICANT: CASE NO: DATE: Otay Ranch Village One West South, Future Elementary School Site (S-3) conversion to Single-Family Residential; Revised Tentative Tract No. 98-06B South side of Fast Palomar Street at Heritage Road Otay Project LP IS-03-001 December 5, 2002 I. BACKGROUND The Otay Ranch Sectional Planning Area (SPA) One Final Enviromnen~al Impact Report (EIR 95-01) evaluated the environmental impacts associated with the development of Villages One and Five. The SPA One plan was approved and the EIR was certified on June_4, 1996. The Otay Ranch SPA One plan was amended in 1998 to include an approximately 308-acre area known as Village One West. A Final Second Tier Environmental Impact Report (EIR-97-03) for the Otay Ranch SPA One and GDP/SRP Amendments was certified at the same time. The currently adopted Village One West tentative map delineates an elementary school on the south side of East Palomar Street at Heritage Road. In response to the Chula Vista Elementary School District's decision not to utilize this site within Village One West, the Otay Project proposes to amend the City's General Plan, Otay Ranch General Development Plan and Otay Ranch SPA One Plan in order to convert the current elementary school land use (S-3) in Village One West to single-family residential. The applicant has also proposed a revised Tentative Map to subdivide the 1 O-acre school site into 65 single-family lots. II. PROPOSED SPA ONE AMENDMENT Otay Project has applied to amend the City's General Plan, Otay Ranch General Development Plan and Otay Ranch SPA One Plan to convert a vacant 10-acre elementary school site into single-family residential land uses and requests a Revised Tentative Map to transfer 65 dwelling units from Village Five, R-30B, and utilize them in Village One West by adding 16 of the 65 to the expanded R-59 neighborhood and creating Neighborhood R-60 with 49 lots. The proposed discretionary actions associated with the project include the following: Village One West South Addendum to EIR 95-01 and EIR 97-03 1 EXHIBIT "B" 12/05/02 1) 2) 3) 4) 5) 6) Chula Vista General Plan Amendment to eliminate the floating elementary school site from Otay Ranch Village One. Otay Ranch General Development Plan Amendment to eliminate the floating elementary school site from Otay Ranch Village One. Otay Ranch General Development Plan Amendment to modify the Otay Ranch GDP dwelling unit allocations within Village Five and Village One West SPA One Plan Amendments to Village One West Site Utilization Plan and Land Use neighborhood R-60 (7.3 acres and 49 single-family units), modify R-59 neighborhood to include 18.5 acres and 106 single-family units, modify the boundary between R-59 and R-60, modify SPA One Zoning Exhibit to reflect new neighborhood boundaries. SPA One Amendments to Village Five Land Use Summary Table to reallocate 65 units from neighborhood R-30b to neighborhoods R-59 and R-60. Revised Tentative Map 96-06B for neighborhoods R-59 and R-60. The California Environmental Quality Act Guidelines (§ 15162) establishes the conditions under which a subsequent EIR shall be prepared. A. When an EIR has been prepared for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in light of the whole record, one or more of the following: Substantial changes are proposed in the project which will require major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; Substantial changes occur with respect to the circumstances under which the project is undertaken which xvill require major revisions to the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the EIR was prepared. B. If changes to a project or its circumstances occur or new information becomes available after preparation of an EIR, the lead agency shall prepare a subsequent EIR if required under subsection A. Otherwise the lead agency shall determine whether to prepare a subsequent Negative Declaration, an addendum or no further documentation (Guidelines § 15162). Village One West South Addendum to EIR 95-01 and EIR 97-03 2 12/04/02 Section 15164 of the State CEQA Guidelines provides that: The lead agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred. B. An addendum need not be circulated for public review but can be included in or attached to the final EIR. C. The decision-making body shall consider the addendum with the final EIR prior to making a decision on the project. A brief explanation of the decision not to prepare a subsequent EIR pursuant to Section 15162 should be included in an addendum to an EIR, the lead agency's required findings on the project, or elsewhere in the record. The explanation must be supported by substantial evidence. This addendum has been prepared to pursuant to the requirements of Section 15164 of the State CEQA Guidelines. Converting the elementary school land use designation (S-3) in Village One West to single-family residential does not constitute a substantial change to the previously approved project, nor would there be a substantial change in circumstances under which the project would be constructed, and no new information of substantial importance has been presented. The modifications proposed for Village One West South would not result in any environmental effects that were not considered in EIR 95-01 and EIR 97-03, nor would the changes increase the severity of any of the impacts identified in EIR 95-01 and EIR 97-03. The mitigation measures identified in these documents would be equally applicable to the revised project. Therefore, in accordance with Section 15164 of the State CEQA Guidelines, the City has prepared the following addendum to EIR 95-01 and EIR-97-03. IlL ANALYSIS An Environmental Checklist Form was completed to determine if the modifications to the project would change any of the analyses contained in EIR 95-01 and EIR 97-03. The conclusion is that previously identified environment impacts would not be intensified as a result of the changes, nor would any new impacts result. A copy of the checklist is attached. Land Use: The Otay Project proposes to eliminate the 10-acre elementary school site in Village One West by amending the City's General Plan, Otay Ranch General Development Plan and Otay Ranch SPA One Plan to convert the school site into single-family residential land uses. The application proposes to amend the Otay Ranch GDP and SPA One plan by increasing the single-family residential dwelling units in Village One West with a corresponding decrease in multi-family units in Village Five. The proposal includes the reduction of allowable Otay Ranch GDP multi- Village One West South Addendum to EIR 95 01 and EIR 97-03 3 12/04/02 family dwelling units in Village Five from 1,615 to 1,550, and increasing the GDP single-family unit count in Village One West from 845 to 910. The applicant proposes to transfer 65 dwelling units from Village Five, R-30B, and utilize them in Village One West by adding 16 of the 65 to the expanded R-59 neighborhood and creating Neighborhood R-60 xvith 49 lots. Tables 1 and 2 below detail the changes in d~velling units between the villages in SPA One. Table 1 SPA One Dwelling Unit Breakdowns Existing Dwelling Units GDP SPA SF MF SF MF Village One 1,544 1,522 1,544 1,521 Village Five 1,263 1,615 1,217 1,605 Village One West 845 0 845 0 ~ubtotal 3,652 3,137 3,606 3,126 FOTAL 6,789 6,732 Proposed Dwelling Units GDP SPA SF MF SF MF Village One 1,544 1,522 1,544 t ,521 Village Five 1,263 1,550 1,217 1540 Village One West 910 0 910 Subtotal 3,717 3,072 3,671 3,061 TOTAL 6,789 6,732 Table 2 Overall Comparison of Existing and Proposed Dwelling Units GDP SPA SF MF SF MF Overall Existing Total 3,652 3,137 3,606 3,126 Overall Proposed Total 3,717 3,072 3,671 3,061 Difference +65 -65 +65 -65 The applicant is authorized by the Otay Ranch GDP policies to utilize an underlying residential land use if a public facility such as a school is relocated out of a village. The SPA One document also authorizes the transfer of dwelling units between villages if they are within the same SPA. The proposed amendments would not conflict with surrounding land uses, since the overall residential character of the proposed uses xvould be similar to existing surrounding uses. No impacts to land use are anticipated. Village One West South Addendum to EIR 95-01 and EIR 97-O3 4 12/04/02 Transportation, Circulation and Access As illustrated in Table 3, the proposed project would result in approximately 1,365 less daily traffic trips within the project area as compared to the adopted land use plan evaluated in EIR 95- 01 and EIR 97-03. Table 3: Estimated Project Traffic Generation Estimated Daily Trip Ends Traffic Land Use Existing Proposed Difference (ADT) t Generation Single-Family 3,606 3,671 +65 du 8 +520 Multi-Family 3,126 3,061 -65 du 6.7 -435.5 School 10 ac 0 ~ 10ac 145 - 1,450 Difference -1,365 ADT generation rates based on EIR 97-03 Traffic Impact Analysis Olay Ranch SPA One Amendment, 1998 The proposed amendments would not canse any additional impacts to the surrounding roadway circulation system, and would not require additional mitigation beyond that required in EIR 95- 01 and EIR 97-03. No impacts to traffic and circulation are anticipated. Water Quality and Drainage A revised hydrology study, dated May 31, 2002, was prepared by Hunsaker ~and Associates to evaluate the change in drainage patterns and runoff rates for the proposed project. The hydrology study indicates that the proposed residential uses will result in a 24 percent decrease in peak runoff rates than those generated from the planned school site. On-site drainage facilities for the project would be constructed as part of the site development. Modifications to the SPA Plan and Tentative Map for Village One West South would not result in any previously unidentified water impacts, and the mitigation measures identified in EIR 95-01 and EIR 97-03 would be equally applicable to the revised configuration of land uses. Public Services and Facilities Water and Sewer: Tables 4 and 5 depict the estimated sewage generation and water demand for the proposed project. As illustrated below, the overall estimated sewer generation and water demand for the proposed project would be less than previously anticipated in EIR 95-01 and EIR 97-03. Village One West South Addendum to EIR 95 01 and EIR 97-03 5 12/04/02 Table 4: Estimated Sewage Generation Estimated Average Unit Sewage Land Use Existing Proposed Difference Flow Generation Single-Family 3,606 3,671 +65 280 gpd/tmit + 18,200 Multi-Family 3,126 3,061 -65 210 gpd/unit - 13,650 School 10 ac 0 - 10ac 9000 gpd/acre -9000 Difference -4,450 gpd Table 5: Estimated Water Demand Annual Unit Demand Demand Land Use Existing Proposed Difference ac-ft/yr ac-ft/yr Single-Family 3,606 3,671 +65 2.0 ac-ft/yr + 130 Multi-Family 3,126 3,061 -65 2.5 ac-ft/yr -162.5 School 10 ac 0 - 10ac 2.0 ac-ft/yr -20 Difference -52.5 ac-ft/yr The regional sewer and water facilities planned and approved within Village One have been sized to accommodate peak hour and maximum flow rates for the proposed amendments. The proposed amendments ~vould not affect the analysis previously provided in these documents. No impacts to water and sewer are anticipated. Parks: The proposed amendments would result in a minor increase in parkland demand within Village One. The project applicant would be required to compensate for any changes to the park acreage elsewhere in Otay Ranch and would be subject to park acquisition and development fees in effect prior the approval of final maps. No impacts to park lands are anticipated. School: The proposed project includes an amendment to the City's General Plan and Otay Ranch General Development Plan to eliminate the floating elementary school site from Otay Ranch Village One West. This application is in response to the Chula Vista Elementary School District's (CVESD) decision to develop a 10-acre school site in the eastern portion of the Sunbow Plaimed Community and not utilize the "secondary" site once designated for Village One West. Recently, the CVESD has finalized the purchase of the I O-acre elementary school on the eastern edge of the Sunbow Planned Community on the south side of East Palomar Street. The school district plans to begin construction of the school facility in the next several weeks and open the school in the fall of 2003. CVESD has indicated that the proposed Sunbow site located adjacent to the western boundary of Otay Ranch will adequately meet the local student generation demands for the SPA One area. No impacts to school facilities are anticipated. Village One West South Addendum to EIR 95 01 and EIR 97-O3 6 12/04/02 IV. CONCLUSION Pursuant to Section 15164 of the State CEQA Guidelines, and based upon the above discussion, I hereby find that the project revisions to the proposed project will result in only minor technical changes or additions which are necessary to make the Environmental Impact Reports adequate under CEQA. Marilyn R. F. Ponseggi Environmental Review Coordinator References: General Plan, City of Chula Vista Title 19, Chula Vista Municipal Code City of Chula Vista Environmental Review Procedures Otay Ranch General Development Plan Otay Ranch SPA One Plan Otay Ranch SPA One Plan Amendments Village One West South Addendum to EIR 95-01. and EIR 97-O3 7 12/04/02 Case No. IS-03-001 ENVIRONMENTAL CHECKLIST FORM 1. Name of Proponent: Otay Project LP Lead Agency Name and Address: Address and Phone Number of Proponent: Name of Proposal: City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 350 W. Ash St. Ste 730 San Diego, CA 92101 (619) 234-4088 (619) 234-4050 (fax) Otay Ranch SPA One Amendment and Village One West South Revised Tentative Tract No. 98-06B 5. Date of Checklist: December 4, 2002 Potenfiatly Potentially Significant Less than Significant Unle~ Significant No Impact Mitigated -- Impact Impact d) LAND USE AND PLANNING. WouM the proposal: a) Conflict with general plan designation or [] [] tn [] zoning? b) Conflict with applicable environmental plans or [] [] [] [] policies adopted by agencies with jurisdiction over the project? c) Affect agricultural resources or operations [] [] [] [] (e.g., impacts to soils or farmlands, or impacts from incoinpatible land uses)? Disrupt or divide the physical arrangement of [] [] [] [] an established community (including a Iow- income or minority connnunity)? Comments: Development of Village One West and Village Five was evaluated in the Otay Ranch Sectional Planning Area One Plan and Annexation Final Second-Tier Environmental Impact Report (EIR 95-01) and the Final Second Tier E1R for the Otay Ranch SPA One Plan (EIR 9~03) that was certified on June 4, 1996 and November 10, 1998, respectively. Development of Village One West and Village Five was evaluated in the Otay Ranch Sectional Planning Area One Plan and Annexation Final Second-Tier Environmental Impact Report (EIR 95-01) and the Final Second Tier EIR for the Otay Page 12 Ranch SPA One Plan (EIR 97-03) that was certified on June 4, 1996 and November 10, 1998, respectively. The Otay Project proposes to eliminate the 1 O-acre elementary school site in Village One West by amending the City's General Plan, Otay Ranch General Development Plan and Otay Ranch SPA One Plan to convert the school site into single-family residential land uses. The application proposes to amend the Otay Ranch GDP and SPA One plan by increasing the single-family residential dwelling units in Village One West with a corresponding decrease in multi-family units in Village Five. The proposal includes the reduction of allowable Otay Ranch GDP multi-family dwelling units in Village Five from 1,615 to 1,550, and increasing the GDP single-family unit count in Village One West from 845 to 910. The applicant proposes to transfer 65 dwelling units from Village Five, R-30B, and utilize them in Village One West by adding 16 of the 65 to the expanded R-59 neighborhood and creating Neighborhood R-60 with 49 lots. The applicant is authorized by the Otay Ranch GDP policies to utilize an underlying residential land use ifa public facility such as a school is relocated out of a village. The SPA One document also authorizes the transfer of dwelling units between villages if they are within the same SPA. The proposed amendments ~vould not conflict with surrounding land uses, since the overall residential character of the proposed uses would be similar to existing surrounding uses. The reconfiguration of land uses would not change the overall mix of land uses evaluated in EIR 95-01 and EIR 97-03, nor would it result in any new or changed land use compatibility issues. II. Potentially POPULATION AND HOUSING. Would the Potentially Significant Les4 than Significant Unless Significant No proposal: Impact Mitigated Impact Impact a) Cumulatively exceed official regional or local u [] [] [] population projections'? b) Induce substantial growth in an area either [] [] [] [] directly or indirectly (e.g., through projects in an undeveloped area or extension of major infrastructure)? c) Displace existing housing, especially affordable [] [] [] [] housing? Comments: The proposed amendments would not substantially change the overall level of development proposed for Village One West South, from what was evaluated and approved for the SPA One Plan. Additionally, the proposed amendments would not induce growth into the area, cause population projections to be exceeded, or displace housing. No impacts to population and housing are anticipated. III. Potentially GEOPHYSICAL. Would the proposal result in or PotentiallySignificant Less than expose people to potential impacts involving: Impact Mitigated Impact a) Unstable earth conditions or changes in geo ogc substructures? b) Disruptions, displacements, co~npaction or overcovering of the soil'? No Impact [] [] [] [] Page 13 c) Change in topography or ground surface relief [] [] [] [] features? d) The destruction, covering or modification of r3 [] [] [] any unique geologic or physical features? e) Any increase in wind or water erosion of soils, [] [] [] [] either on or off the site? f) Changes in deposition or erosion of beach [] [] [] [] sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay inlet or lake? g) Exposure of people or property to geologic [] [] [] [] hazards such as earthquakes, landslides, mud slides, ground failure, or similar hazards? Comments: EIR 95-01 and EIR 97-03 identified specific mitigation measures for ground shaking, soils, and slope stability that would reduce potential geologic and seismic hazards to a less than significant level. The mitigation measures required the submittal of site- specific geotechnical analysis prepared by a licensed geotechnical consultant. Concurrent with the mass grading of the site, these mitigation measures have been satisfied. As the area of potential effect for the proposed SPA One Plan amendment will not change, and with compliance with the Final EIR mitigation measures, the proposed amendments would not result in any additional impacts than were previously analyzed in Final EIR 95-01. - a) b) c) d) e) Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? Exposure of people or property to water related hazards such as flooding or tidal waves? Discharge into surface waters or other alteration of surface water quality (e.g., temperature, dissolved oxygen or turbidity)? [] [] [] [] [] [] [] [] Changes in the amount of surface water in any [] [] [] [] ~vater body? [] [] [] [] Changes in currents, or the course of direction of water movements, in either marine or fresh waters? Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? [] [] [] [] Page 14 g) h) i) J) Comments: Altered direction or rate of fiow of groundwater? hnpacts to groundwater quality? Alterations to the course or flow of flood waters? [] [] [] [] [] [] [] [] [] D [] [] Substantial reduction in the amount of water [] [] [] [] otherwise available for public water supplies? A revised hydrology study, dated May 31, 2002, ,,vas prepared by Hunsaker and Associates to evaluate the change in drainage patterns and runoffrates for the proposed project. The hydrology study indicates that the proposed residential uses will result in a 24 percent decrease in peak runoff rates than those generated from the planned school site. On-site drainage facilities for the project would be constructed as part of the site development. Modifications to the SPA Plan and Tentative Map for Village One West South would not result in any previously unidentified water impacts, and the mitigation measures identified in EIR 95-01 and EIR 97-03 would be equally applicable to the revised configuration of land uses. IV. AIR QUALITY. WouM the proposal: Comments: a) Violate any air quality standard or contribute to an existing or projected air quality violation? b) Expose sensitive receptors to pollutants? c) Alter air movement, moisture, or temperature, or cause any change in climate, either locally or regionally? d) Create objectionable odors? [] [] D [] e) Create a substantial increase in stationary or [] [] [] [] non-stationary sources of air emissions or the deterioration of ambient air quality? The analysis provided in EIR 95-01 and EIR 97-03 stated that significant, unmitigated air quality impacts would occur as a result of implexnenting the entire SPA One and SPA One Amendments. Proposed modifications to the SPA Plan and Tentative Map for Village One West South would not result in any substantial additional air quality impacts. Short-term construction and long-term traffic impacts would not be exacerbated by the proposed changes. A Statement of Overriding Considerations was adopted at the time both EIRs were certified. The proposed amendments would not result in any additional impacts to air quality than were previously analyzed in E1R 95-01 and E1R 97- 03. Potentially TRANSPORTATION/CIRCULATION. Would ~tentlany Significant Less than Significant Unless Significant the proposal result irt: ~mpact Mitigated Impact a) Increased vehicle trips or traffic congestion? [] [] [] b) Hazards to safety from design features (e.g., rn [] [] Page 15 sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? c) Inadequate emergency access or access to nearby uses? d) Insufficient parking capacity on-site or off-site? e) Hazards or barriers for pedestrians or bicyclists? f) Conflicts with adopted policies supporting alternative transportation (e.g. bus turnOuts, bicycle racks)? g) Rail, waterborne or air traffic impacts? h) A "large project" under the Congestion Management Program? (An equivalent of 2400 or more average daily vehicle trips or 200 or more peak-hour vehicle trips.) Comments: The proposed project would result in approximately 1,365 less daily traffic trips within the project area as compared to the adopted land use plan evaluated in EIR 95-01 and EIR 97-03. The proposed amendments would not cause any additional impacts to the surrounding roadway circulation system, and would not require additional mitigation beyond that required in EIR 95-01 and EIR 97-03. No impacts to traffic and circulation are anticipated. VI. BIOLOGICAL RESOURCES. Would the eoten¢i~ny Significant - Lessthan proposal result in impacts to: Impact Mitigated Impact lml~act Endangered, sensitive species, species of [] [] [] [] concern or species that are candidates for listing? b) Locally designated species (e.g., heritage [] [] [] [] trees)? c) Locally designated natural cmmnunities (e.g., [] [] [] [] oak forest, coastal habitat, etc.)? d) Wetland habitat (e.g., marsh, riparian and [] [] [] [] vernal pool)? e) Wildlife dispersal or migration corridors? [] u [] [] 1) Affect regional habitat preservation planning [] t~ [] [] efforts? Comments: The proposed revisions to the project are entirely within the footprint of the previously analyzed and approved SPA One plan. The project area has been previously graded and is devoid of any native plant or animal species or habitats. The proposed amendments would not result in any additional impacts to biological resources than were previously analyzed in EIR 95-01 and EIR 97-03. Page 16 VII. ENERGY AND MINERAL RESOURCES. Si~ificant ualess Si~mca,~t Would the proposal: Impact Mitigated Impact a)Conflict with adopted energy conservation plans? b)Use non-renewable resources in a wasteful and inefficient manner? [] [] [] [] c) If the site is designated for mineral resource [] ri D ~ protection, will this project impact this protection? Comments: There were no impacts identified in EIR 95-01 and EIR 97-03 associated with energy and mineral resources. The proposed amendments would not change the conclusions of the Final EIR 95-01. VIII. HAZARDS. Would the proposal involve: Potentially SigaHicant L~s Ihan Significant Unless Significant No Impact Mitigated Impact lmpac~ a) A risk of accidental explosion or release of [] [] [] [] hazardous substances (including, but not limited to: petroleum products, pesticides, chemicals or radiation)? b) Possible interference with an emergency [] [] [] [] response plan or emergency evacuation plan? c) The creation of any health hazard or potential [] [] [] [] health hazard? d) Exposure of people to existing sources of potential~ health hazards? [] [] [] [] e) Increased fire hazard in areas with flamlnable [] [] o [] brush, grass, or trees? Comments: The analysis provided in EIR 95-01 and EIR 97-03 did not identify any public safety (hazards) impacts associated with the proposed development of the Village One West South area. The proposed amendments would not result in any additional hazards impacts than were previously analyzed in EIR 95-01 and EIR 97-03. IX. NOISE. Would the proposal result in: Po'~"'~a">r S~"in~"' ~ 'ha" Significant Unless Significant Impart l~$itigated Impact a) Increases in existing noise levels'? b) Exposure of people to severe noise levels? Comments: [] [] O [] [] [] [] [] The SPA One EIR determined that residential development within the SPA One area would be exposed to significant impacts from roadway noise and requires mitigation measures to reduce this impact to a less than significant level. The proposed reconfiguration of land uses within Village One West South would not substantially change the relationship of sensitive noise receptors to noise sources. Therefore, Page 17 application of the noise mitigation measures required in the EIR would be required for the modified project, and would reduce noise impacts to less than significant levels. Construction noise would have potentially significant impacts on surrounding residential areas. Construction noise impacts for the modified plan for Village One West South would be the same as those analyzed in the EIR 95-01 and 97-03. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? [] [] [] [] b) Police protection? [] [] [] [] c) Schools? [] D c~ [] d) Maintenance of public facilities, including roads? [] [] [] [] e) Other governmental services'? [] [] [] [] Comments: The proposed reconfiguration of land uses and deletion of the planned elementary site would not affect the provision of fire or police services, public facilities, or other services. EIR 95-01 and EIR 97-03 identify the need for police and fire service in the project area with future development of the SPA One Plan area. The project is within the boundaries of the public facilities Development Impact Fee program, and therefore will be subject to the payment of the police and fire/EMS fee rates in_effect at the time building permits are issued. Therefore, no ne~v impacts to law enforcement, fire, or EMS will occur with implementation of the proposed amendments. The proposed project includes an amendment to the City's General Plan and Otay Ranch General Development Plan to eliminate the floating elementary school site from Otay Ranch Village One West. This application is in response to the Chula Vista Elementary School District's (CVESD) decision to develop a 10-acre school site in the eastern portion of the Sunbow Planned Community and not utilize the "secondary" site once designated fbr Village One West. Recently, the CVESD has finalized the purchase of the 1 O-acre elementary school on the eastern edge of the Sunbow Planned Community on the south side of East Palomar Street. The schooI district plans to begin construction of the school facility in the next several weeks and open the school in the fall of 2003. CVESD has indicated that the proposed Sunbow site located adjacent to the western boundary of Otay Ranch will adequately meet the local student generation demands for the SPA One area. No impacts to school facilities are anticipated. XI. Potentially Potentially Significant L~ss than Significant Unless Significant No Impact Mitigated lmpacl Impact Thresholds. Will the proposal adversely impact the City's Threshold Standards ? [] 0 cl [] As described below, the proposed project does not adversely impact any of the seven Threshold Standards. Page 18 a) Fire/EMS [] [] [] [] The City's Threshold Standards requires that fire and medical units must be able to respond to calls within 7 minutes or less in 85% of the cases and within 5 minutes or less in 75% of the cases. The City of Chula Vista has determined that this threshold standard will be met because fire services would be provided in accord with the Otay Ranch Fire Master Plan and EMS Master Plan. Comments: The SPA One EIR 95-01 and EIR 97-03 state that potential impacts to fire protection and emergency medical services would be mitigated by compliance with the Master Plan and payment of fees. The proposed modifications to land use configurations and the deletion of the planned school site would not result in substantial changes in the ability to deliver adequate services to the project area. Therefore, no significant impacts to fire protection and emergency medical services are anticipated with the proposed changes. Potentially Potentially SiguiF~ant Less than Significant Unless Significant No Impact Mitigated Impact Impact b) Police [] rn ri [] Comments: The City's Threshold Standards require that police units must respond to 84% of Priority 1 calls within 7 minutes or less and maintain an average response time to all Priority 1 calls of 4.5 minutes or less. Police units must respond to 62.10% of Priority 2 calls within 7 minutes or less and maintain an average response time to all P~iority 2 calls of 7 minutes or less. The proposed project will comply with this Threshold Standard. The SPA One EIR 95-01 and EIR 9%03 state that potential impacts to law enforcement services would be mitigated by compliance with the Law Enforcement Services Master Plan for Otay Ranch and payment of mitigation fees. The proposed modifications to land use configurations and the deletion of the planned school site would not result in substantial changes in the ability to deliver adequate services to the project area. Therefore, no significant impacts to law enforcement services are anticipated with the proposed changes. c) Traffic [] [] [] [] The City's Threshold Standards require that all intersections must operate at a Level of Service (LOS) "C" or better, with the exception that Level of Service (LOS) "D" may occur during the peak two hours of the day at signalized intersections. Intersections west of 1-805 are not to operate at a LOS below their 1987 LOS. No intersection may reach LOS "E" or "F" during the average weekday peak hour. Intersections of arterials with freeway ramps are exempted from this Standard. The proposed project will comply with this Threshold Standard. The proposed project would result in approximately 1,365 less daily traffic trips within the project area as compared to the adopted land use plan evaluated in EIR 95-01 and EIR Page 19 97-03. The proposed amendments would not cause any additional impacts to the surrounding roadway circulation system, and would not require additional mitigation beyond that required in EIR 95-01 and EIR 97-03. No impacts to traffic and circulation are anticipated. d) Parks/Recreation The City's Threshold Standard for Parks and Recreation is 3 acres/I,000 population. The proposed project will comply with this Threshold Standard. Comments: The proposed amendments would result in a minor increase in parkland demand within Village One. The project applicant would be required to compensate for any changes to the park acreage elsewhere in Otay Ranch and would be subject to park acquisition and development fees in effect prior the approval of final maps. No impacts to park lands are anticipated. PotentiaBy Potentially Significant Lessthan Significant Unless Significant No Impact Mitigated Impact Impact e) Drainage [] [] [] The City's Threshold Standards require that storm water flows and volumes not exceed City Engineering Standards. Individual projects will provide necessary improvements consistent with the Drainage Master Plan(s) and City _ Engineering Standards. The proposed project will comply with this Threshold Standard. Comments: The proposed amendments would not impede the project applicant's ability to comply with City Engineering Standards. The proposed project will result in a 24 percent decrease in peak runoff rates than those generated from the planned school site. On-site drainage facilities for the project would be constructed as part of the site development. No new impacts to drainage facilities are anticipated. PotentiaBy PotentiaBy Significant Less than Significant Unless Significant No Impact Mitigated · Impact Impact f) Sewer Comments: The Threshold Standards require that sewage flows and volumes not exceed City Engineering Standards. Individual projects will provide necessary improvements consistent with Sewer Master Plan(s) and City Engineering Standards. The proposed project will comply with this Threshold Standard. The overall estimated sewer generation for the proposed project would be approximately 4,450 gallons per day (gpd) less than previously anticipated in EIR 95-01 and EIR 97-03. The project site would be served by sewer infrastructure to be provided through the development of Village One West South. No new impacts to sewer facilities are anticipated. Page 20 22 -qUr g) Water [] [] [] [] The Threshold Standards require that adequate storage, treatment, and transmission facilities are constructed concurrently with planned growth and that water quality standards are not jeopardized during gro~vth and construction. The proposed project will comply with this Threshold Standard. Comments: The overall estimated water demand for the proposed project would be approximately 52.5 acre-feet per year less than previously anticipated in EIR 95-01 and EIR 9%03. The project site would be served by water infrastructure to be provided through the development of Village One West South. No new impacts to water demand are anticipated. Xll. UTILITIES AND SERVICE SYSTEMS. Would PotentiallySignificant Less than the proposal result in a need for new systems, or Impact Mitigated Impact Impact substantial alterations to the following utilities: a) Power or natural gas? [] r] ~n [] b) Communications systems'? [] [] [] [] c) Local or regional water treatment or [] [] [] [] distribution facilities? d) Sewer or septic tanks? e) Storm water drainage'? [] [] [] [] f) Solid waste disposal? [] [] [] [] Comments: The proposed amendments would not require new systems or substantial alterations to any of the planned service systems. The project site would be served by utility and service system infrastructure to be provided through the development of Village One West South. The proposed project would not result in any additional impacts to utilities and service systems than were previously analyzed in EIR 95-01 and EIR 97-03. XIII. AESTHETICS. Would the proposal: a) Obstruct any scenic vista or view open to the public or will the proposal result in the creation of an aesthetically offensive site open to public view? b) Cause the destruction or modification of a scenic route? Significant Unless Significant No Impact Mitigated Impact Impact [] [] [] [] [] [] [] [] Page 21 c) d) c) Comments: Have a demonstrable negative aesthetic effect? [] [] [] ~ Create added light or glare sources that could [] [] [] [] increase the level of sky glow in an area or cause this project to fail to comply with Section 19.66.100 of the Chula Vista Municipal Code, Title 197 Produce an additional amount of spill light? [] [] [] [] The reconfiguration of uses would not substantially change the visual character of the proposed development from that previously analyzed in for the proposed Otay Ranch SPA One project. The location of the proposed single-family units and its orientation to existing and planned residential land uses would not result in any land use compatibility impacts. Lighting impacts would be reduced with the deletion of the proposed elementary school. The proposed amendments would not result in any impacts not previously considered and the mitigation measures would be equally applicable to the new configuration of uses. XIV. CULTURAL RESOURCES. Would the proposal: Polentially Significant Less Ihan Significant Unless SignW}eant NO Impact Mitigated Impact Impact a) Will the proposal result in the alteration of or the destruction or a prehistoric or historic archaeological site? b) Will the proposal result in adverse physical or aesthetic effects to a prehistoric or historic building, structure or object? c) Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? d) Will the proposal restrict existing religious or sacred uses within the potential impact area? e) ls the area identified on the City's General Plan EIR as an area of high potential for archeological resources? Comments: The proposed SPA One Plan amendments would not involve grading beyond the area previously analyzed in EIR 95-01 and EIR 97-03. Applicable mitigation measures have been implemented during mass grading of the site and any potential impacts to cultural resources have been mitigated. The proposed amendments would not result in any additional impacts than xvere previously analyzed in EIR 95-01 and EIR 97-03. Page 22 XV. PALEONTOLOGICAL RESOURCES. Will the [] [] [] [] proposal result in the alteration of or the destruction of paleontological resources ? Comments: The Village One West South site is underlain by alluvium (Qal), Otay Formation (Oo), and San Diego Formation (Tsd). Both Oo and Tsd formations are likely to contain fossil resources. Applicable mitigation measures have been implemented during mass grading of the site and any potential impacts to paleontological resources have been mitigated. The proposed amendments would not result in any additional impacts than were previously analyzed in EIR 95-01 and EIR 97-03. XVI. RECREATION. Would the proposal: a) Increase the de~nand for neighborhood or [] [] [] [] regional parks or other recreational facilities? b) Affect existing recreational opportunities? [] [] [] [] c) Interfere with recreation parks & recreation [] [] [] [] plans or programs? Comments: The proposed amendments would result in a minor increase in parkland demand within Village One.' The project applicant would be required to compensate for any changes to the park acreage elsewhere in Otay Ranch and would be subject to park acquisition and development fees in effect prior the approval of final maps. No impacts to park lands are anticipated. XVII. MANDATORY FINDINGS OF SIGNIFICANCE: See Negative Declaration for mandatory findings of significance, lf an EIR is needed, this section shouM be completed. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods or California history or prehistory? Comments: [] [] [] [] The proposed amendments would not degrade the quality of the environment because the changes are consistent with the existing land use types, quantities and intensities of within SPA One. No impacts are anticipated. Page 23 b) Does the project have the potential to achieve [] [] [] [] short-term goals to the disadvantage of long- term, environmental goals? Comments: The proposed amendments do not have the potential to achieve short-term goals to the disadvantage of long-term, environmental goals. Overall impacts to traffic, public services and drainage will be reduced with the proposed project. No impacts area anticipated. Significant Unless Significant No Impact Mitigated Impact Impact c) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) [] [] [] [] Comments: Cumulative effects related to the development of Village One West South were considered in EIR 95-01 and EIR 97~03. The proposed amendments would not result in any cumulative effects that were not considered in these documents. Potentially Potentially Significant Less than Significant Unless Signil'~cant No Impact Mitigated Impact Impact d) Does the project have environmental effects, [] [] o [] which will cause substantial adverse effects on human beings, either directly or indirectly? Comments: The proposed amendments would not result in any adverse effects on human beings that were not considered in EIR 95-01 and EIR 97-03. Page 24 XIX. PROJECT REVISIONS OR MITIGATION MEASURES: No additional mitigation measures beyond those previously identified in E1R 95-01 and EIR 97-03 are required for the proposed amendments. XX. AGREEMENT TO IMPLEMENT MITIGATION MEASURES By signing the line(s) provided below, the Applicant(s) and/or Operator(s) stipulate that they have each read, understood and have their respective company's authority to and do agree to the mitigation measures contained herein, and will implement same to the satisfaction of the Environmental Review Coordinator. Failure to sign the line(s) provided below prior to adoption of the Addendum shall indicate the Applicants' and/or Operator's desire that the Project be held in abeyance without approval. N/A Printed Name and Title of Authorized Representative of [Property Owner's Name] N/A Signature of Authorized Representative of [Property Owncr's Name] Date N/A Printed Name and Title of [Operator if different from Property Owner] N/A Signature of Authorized Representative of [Operator if different from Property Owner] Date Page 25 XXi. ENVIRONMENTAL FACTORS POTENTIALLY AIq,'~CTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact' or "Potentially Significant Unless Mitigated,' as indicated by the checklist on the previous pages. [] Land Use and Planning [] Population and Housing U] Geophysical [] Water [] Air Quality [] Paleontological Resources [] Transportation/Circulation [] Biological Resources [] Energy and Mineral Resources [] Hazards [] Noise [] Public Services [] Utilities and Service Systems [] Aesthetics [] Cultural Resources [] Recreation [] Mandatory Findings of Significance XXII. DETERMINATION: On the basis of this initial evaluation: I f'md that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I l-md that the proposed project MAY have a significant effect(s) on the environment, but at least one effect: 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impacts" or "potentially significant unless mitigated. ' An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effecta that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effecta (a) have been analyzed adequately in an. earlier EIR pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier E1R, including revisions or mitigation measures that are imposed upon the proposed project_ An addendum has been prepared to provide a record of this determination. Enviromnenml Review Coordinator City of Chula Vista Page 26 Exhibit I-x City of ChulaVista General Plan Villages One, OneWest andVillage Five EXHIBIT "C" Village One Dwelling Units Acreage Use SF MF Total Dens Res. Park** CPF Sch. C'ml. Ind. Sp. Art. Total Pop. Open Approx. LMV 1,544 1,544 4.0 386.0 9.7* 386.0 4,941 MU 10.0 13.4 11.4 34.8 Mit 1,522 1,522 18.0 84.6 10.0 94.6 3,881 OI'HER 264.8 46.5 311.3 *~eighborhood park land included in **P~ of park acreage requirement have been allocated to communiw parks Actual park size to be detem~[ned by Parks Master plan al lhe SpA level. Exhibit 38 Village One Land Use Table EXHIBIT "D" ¥iila~e Five Dwelling Units Acreage Use SF MF Total Dens Res. Park** CPF $ch. C'ml. Ind. Opensp. Art. Total Approx. Pop. LMV 1263 1,263 4.5 280~6 6.6* 280.6 4,042 MU 10.0 11.3 6.0 27.3 i~ f~o~ i~6f ~ ~:~:~ :. ::: :::: ~ :: ~: ?~.~::~ ~::~ orn~ 70.4 m4 8s.8 *Neighborhood park land included in residential acreage. **Pall of park acreage requirement have been allocated to commumly parks. Actual park size to be dete~ined by Parks Master Plan at the SPA level. Exhibit 47 Village Seven Land Use Table EXHIBIT "E" RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE OTAY RANCH SECTIONAL PLANNING AREA (SPA) ONE PLAN MODIFYING NEIGHBORHOOD BOUNDARIES IN VILLAGE ONE WEST AND TRANSFERING OTAY RANCH SPA ONE DWELLING UNITS FROM VILLAGE FIVE TO VILLAGE ONE WEST. WHEREAS, the property which is the subject matter of this resolution is identified as Exhibit "A" attached hereto and described on Chula Vista Tract 98-06B, and is commonly known as Village One West (South), ("Property"); and, WHEREAS, a duly verified application to amend the Otay Ranch Sectional Planning Area (SPA) One Plan portion of Otay Ranch Village One West (South) was filed with the City of Chula Vista Planning and Building Department on July 1, 2002 by Otay Project, L. P., ("Applicant"); and, WHEREAS, the application requests to amend the Otay Ranch Sectional Planning Area (SPA) One Plan portion of Otay Ranch Village One West modifying neighborhood boundaries in Village One West and transferring Otay Ranch SPA One dwelling units from Village Five to Village One West; and, WHEREAS, the development of the Property has been the subject matter of the Otay Ranch General Development Plan ("GDP') previously approved by the City Council on October 28, 1993 by Resolution No. 17298, and as amended on November 10, 1998 by Resolution No. 19253 ("GDP Resolution") wherein the City Council, in the environmental evaluation of said GDP, relied in part on the Otay Ranch General Development Plan, Final Environmental Impact Report No. 90-01, SCH #9010154 ("Program FEIR 90-01"); and, WHEREAS, the development of the Property has been the subject matter of a Sectional Planning Area One Plan ("SPA One Plan") previously approved by the City Council on June 4, 1996 by Resolution No. 18286, and as amended on February 16, 1999 by Resolution No. 19375, wherein the City Council, in the environmental evaluation of said SPA One Plan, relied in part on the original Otay Ranch SPA One Plan Final Environmental Impact Report No. 95-01, SCH #94101046 ("FEIR 95-01"), and the amended Otay Ranch SPA One Plan Final Environmental Impact Report No. 97-03, SCH #97091079 ("FEIR 97-03"); and, WHEREAS, the Property is also the subject matter of an amendment to the Otay Ranch General Development Plan (GDP) adopted by City Council by Resolution No. ; and, WHEREAS, the City's Environmental Review Coordinator has reviewed the Project for compliance with the California Environmental Quality Act and has determined that the project was covered in previously adopted FEIR 95-01 and FEIR 97- 03. The Environmental Review Coordinator has determined that only minor technical changes or additions to this document are necessary and that none of the conditions described in Section 15162 and 15163 of the State CEQA Guidelines calling for the preparation of a subsequent document have occurred; therefore, the Environmental Review Coordinator has prepared an addendum to FEIR 95-01 and FEIR 97-03 in accordance with State CEQA Guidelines Section 15164 and adopted pursuant to Resolution No. (GPA-03-01); and, WHEREAS, the Planning Commission set the time and place for a heating on said Otay Ranch Sectional Planning Area (SPA) One Plan amendment (PCM-03-01) and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 feet of the exterior boundaries of the Project site at least ten days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. on December 11, 2002, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed. WHEREAS, by a vote of project; and, the Planning Commission approved the WHEREAS, a public hearing was scheduled before the City Council of the City of Chula Vista on the Otay Ranch SPA One Amendment modifying the neighborhood boundaries in Village One West, and transferring Otay Ranch SPA One dwelling units from Village Five to Village One West; and, 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 heating held on December 11, 2002, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. These documents, along with any documents submitted to the decision makers, shall comprise the entire record of the proceedings for any California Environmental Quality Act (CEQA) claims. 11. ACTION The City Council hereby adopts an amendment to the Otay Ranch SPA One Plan modifying neighborhood boundaries in Village One West and transferring 65 Otay Ranch SPA One dwelling units from Village Five to Village One West, as set forth on Exhibit "B" and Exhibit "C", attached hereto, finding it is consistent with the City of Chula Vista General Plan, the Otay Ranch General Development Plan, and all other applicable plans, and that the public necessity, convenience, general welfare and good planning and zoning practice support their approval and implementation. III. CERTIFICATION OF COMPLIANCE WITH CEQA IV. The City Council hereby finds that the Project, as described and analyzed in the Otay Ranch Program FEIR 90-01, original Otay Ranch SPA One FE1R 95-01 and subsequent Otay Ranch SPA One FEIR 97-03, would have no new effects that were not examined in the preceding Program FEIR 90-01, SPA One FEIR 95-01, and subsequent SPA One FEIR 97-03 [Guideline 15168 (c)(2)]; and, CEQA FINDING REGARDING PROJECT WITHIN SCOPE OF PRIOR EIR The City Council hereby finds that: (1) there were no changes in the Project from the Program FEIR and the FEIR which would require revisions of said reports; (2) no substantial changes have occurred with respect to the circumstances under which the Project is undertaken since the previous reports; (3) and no new information of substantial importance to the Project has become available since the issuance and approval of the prior reports; 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 Program EIR and FEIR, and an Addendum has been adopted pursuant to Resolution No. (GPA-03-01) [Guideline 15168 (c)(2) and 15162 (a)]. IV. INDEPENDENT JUDGMENT OF CITY COUNCIL VI. The City Council found that the Addendum prepared to Otay Ranch SPA One FEIR 95-01 and FEiR 97-03, identified as Exhibit "B", attached to Resolution No. (GPA-03-01), and adopted thereto, reflects the independent judgment of the City Council of the City of Chula Vista. INCORPORATION OF ALL MITIGATION MEASURES AND ALTERNATIVES The City Council re-adopted and incorporated herein as conditions for this approval all applicable mitigation measures and alternatives, as set forth in the findings adopted in the Otay Ranch GDP Program FEIR 90-01, Otay Ranch SPA One FE1R ~5-01, and subsequent Otay Ranch SPA One FEIR 97-03. VII. NOTICE WITH LATER ACTIVITIES The City Council gave notice, to the extent required by law, that this Project was fully described and analyzed and is within the scope of the Otay Ranch GDP FEIR-90-01, the original SPA One Plan FEIR-95-01, subsequent SPA One Plan FEIR-97-03, and Addendum adopted thereto, adequately describes and analyzes this project for the purposes of CEQA [Guideline 15168 (e)]. VIII. SECTIONAL PLANNING AREA (SPA) PLAN FINDINGS The proposed Project is consistent with the Otay Ranch Sectional Planning Area One Plan for the following reasons: THE PROPSED SECTIONAL PLANNING AREA PLAN iS IN CONFORMITY WITH THE GENERAL DEVELOPMENT PLAN OF THE P-C ZONE, ANY ADOPTED SPECIFIC PLANS, AND THE CITY OF CHULA VISTA GENERAL PLAN AND ITS SEVERAL ELEMENTS. The SPA One area of Otay Ranch Village One West that modifies neighborhood boundaries in Village One West and transfers dwelling units from Village Five to Village One West reflects the land uses, circulation system, open space and recreational uses, and public facility uses consistent with the Otay Ranch General Development Plan and Chula Vista General Plan. The el.ementary school site in Village One West was added to the City's General Plan and Otay Ranch General Development Plan in the event that the primary school site identified in the nearby Sunbow Planned Community was unavailable. The Chula Vista Elementary School District (C.V.E.S.D.) has purchased the Sunbow site and determined that the Village One West site is no longer needed. THE PROPOSED SETIONAL PLANNING AREA PLAN WOULD PROMOTE THE ORDERLY, SEQUENTIALIZED DEVELOPMENT OF THE iNVOLVED SECTIONAL PLANNING AREA. The Otay Ranch SPA One amendment contains provisions and requirements to ensure the orderly, phased development of the project. The underlying land use in Village One West is identified as single-family residential as described in the Otay Ranch SPA One document. THE PROPOSED SET1ONAL PLANNING AREA PLAN WOULD NOT ADVERSELY AFFECT ADJACENT LAND USE, RESDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY. The land uses within Otay Ranch are designed with an underlying land use in place in the event of the relocation or deletion of public facilities such as schools. The elementary school site in nearby Sunbow will serve the project residents, as required by the General Plan and Otay Ranch General Development Plan. A comprehensive street network serves the project and provides for access to off-site adjacent properties. The proposed plan closely follows all existing environmental protection guidelines and will avoid unacceptable off-site impacts through the provision of mitigation measures specified in the Otay Ranch Final Environmental Impact Reports FEIR-95-01 and FE1R-97-03. Presented by Approved as to form by Robert A. Leiter Director of Planning and Building John M. Kaheny City Attorney RANCHO DEL REY '\ RANCHO DEL REY MIODLE SCHOOL FUTURE SCHOOL SITE SUNBOW II j.~;R 59 LOCATION CHULA VISTA PLANNING AND BUILDING DEPARTMENT PROJECT DESCRIPTION: LOCATOR PROJECT APPLICANT: OTAY PROJECT, L.R PROJECT OTAY RANCH VILLAGE ONE, WES¥ MISCELLANEOUS ADDRESS R59/R60; South of East Palomar St. ~?A & GDP Amendment: ~ROPOSE ' to conved the West of Paseo Ranchero existing school site into single family neighborhood SCALE FILE NUMBER: NORTH No Scale PCM-03 01 Related Case(s): vu,~-uz-gd · j:\home\planning\cherrylc\locators\pcm0301 cdr 07 t002 EXHIBIT "A" m n- OC EXHIBIT "B" RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A REVISED TENTATIVE SUBDIVISION MAP FOR VILLAGE ONE WEST OF THE OTAY RANCH, SECTIONAL PLANNING AREA ONE PLAN, CHULA VISTA TRACT 98-06B. WHEREAS, the property which is the subject matter of this resolution is identified as Exhibit "A" attached hereto and described on Chula Vista Tract 98-06B, and is commonly known as Village One West (South), ("Property"); and, WHEREAS, a duly verified application for the subdivision of the Property in the form of a tentative subdivision map known as "Tentative Map, Otay Ranch Village One West R-59 & R- 60, Chula Vista Tract 98-06B" was filed with the City of Chula Vista Planning and Building Department on April 11, 2002 by Otay Project, L. P., ("Applicant"); and, ;VHEREAS, the application requests the approval for the subdivision of approximately 15.26 acres located west of Heritage Road, north of Olympic Parkway, south of East Palomar Street, and east of the Santa Sierra Drive in the area known as Otay Ranch Village One West (South) into 92 residential lots, 2 private street lots and 10 private open space lots for a total of 104 lots; and, WHEREAS, the development of the Property has been the subject matter of the Otay Ranch General Development Plan ("GDP") previously approved by the City Council on October 28, 1993 by Resolution No. 17298, and as amended on November 10, I998 by Resolution No. 19253 ("GDP Resolution") wherein the City Council, in the environmental evaluation of said GDP, relied in part on the Otay Ranch General Development Plan, Final Environmental Impact Report No. 90-01, SCH #9010154 ("Program FEIR 90-01"); and, WHEREAS, the development of the Property has been the subject matter of a Sectional Planning Area One Plan ("SPA One Plan") previously approved by_ the City Council on June 4, 1996 by Resolution No. 18286, and as amended on February 16, 1999 by Resolution No. 19375, wherein the City Council, in the environmental evaluation of said SPA One Plan, relied in part on the original Otay Ranch SPA One Plan Final Environmental Impact Report No. 95-01, SCH //94101046 ("FEIR 95-01"), and the amended Otay Ranch SPA One Plan Final Environmental Impact Report No. 97-03, SCH #97091079 ("FEIR 97-03"); and, WHEREAS, the Applicant filed an amendment to the Otay Ranch SPA One Plan, (PCM-03-01), and said amendment was approved by the City Council on December 17, 2002 by Resolution No. __5 and, WHEREAS, the City's Environmental Review Coordinator has reviewed the Project for compl!ance with the California Environmental Quality Act and has determined that the project was covered in previously adopted FEIR 95-01 and FEIR 97-03. The Environmental Review Coordinator determined that only minor technical changes or additions to this document are necessary and that none of the conditions described in Section 15162 and 15163 of the State CEQA Guidelines calling for the preparation of a subsequent document have occurred; therefore, the Environmental Review Coordinator has prepared an addendum to FEIR 95-01and FEIR 97- 03 in accordance with State CEQA Guidelines Section 15164 and adopted adopted pursuant to Resolution No. (GPA-03-01); and, WHEREAS, the Planning Commission set the time and place for a hearing on said "Tentative Map, Otay Ranch Village One West R-59 & R-60, Chula Vista Tract 98-06B", (PCS- 02-09) and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 feet of the exterior boundaries of the Project site at least ten days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. on December 11, 2002, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed. WHEREAS, by a vote of and, the Planning Commission approved the project; WHEREAS, a public hearing was scheduled before the City Council of the City of Chula Vista on proposed "Tentative Map, Otay Ranch Village One West R-59 & R-60, Chula Vista Tract 98-06B", (PCS-02-09); and, 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 December 11, 2002, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. These documents, along with any documents submitted to the decision makers, shall comprise the entire record of the proceedings for any California Environmental Quality Act (CEQA) claims. II. ACTION The City Council hereby adopts the "Tentative Map, Otay Ranch Village One West R-59 & R-60, Chula Vista Tract 98-06B", (PCS-02-09) identified as Exhibit "C", in this resolution, finding it is consistent with the City of Chula Vista General Plan, the Otay Ranch General Development Plan, Otay Ranch SPA One Plan and all other applicable Plans, and that the public necessity, convenience, general welfare and good planning and zoning practice support their approval and implementation. IlL CERTIFICATION OF COMPLIANCE WITH CEQA The City Council hereby found that the Project, as described and analyzed in the Otay Ranch GDP Program FEIR-90-01, original Otay Ranch SPA One FEIR 95-01, subsequent Otay Ranch SPA One FEIR 97-03, and Addendmn thereto, would have no new effects that were not examined in the preceding Otay Ranch GDP Program FEIR-90- 01, Otay Ranch SPA One FEIR-95-01, and subsequent SPA One FEIR-97-03 [Guideline 15168 (c)(2)]; and, IV. CEQA FINDING REGARDING PROJECT WITHIN SCOPE OF PRIOR EIR The City Council hereby found that: (1) there were no changes in the Project from the GDP Program EIR-90-01, original SPA One Plan FEIR-95-01 and subsequent SPA One Plan FEIR-97-03 which would require revisions of said reports; (2) no substantial changes have occurred with respect to the cimumstances under which the Project is undertaken since the previous reports; (3) and no new information of substantial importance to the Project has become available since the issuance and approval of the prior reports; 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 Program EIR and FEIR's, and adopted Addendum thereto [Guideline 15168 (c)(2) and 15162 (a)]. V. INDEPENDENT JUDGMENT OF CITY COUNCIL The City Council found that the Addendum prepared to Otay Ranch SPA One FEIR-95- 01 and FEIR-97-03, identified as Exhibit "B" attached to Resolution No. (GPA- 03-01) reflected the independent judgment of the City Council of the City of Chula Vista. VI. INCORPORATION OF ALL MITIGATION MEASURES AND ALTERNATIVES The City Council re-adopted and incorporated as conditions for this approval all applicable mitigation measures and alternatives, as set forth in the findings adopted in the Otay Ranch GDP Program FEiR 90-01, Otay Ranch SPA One FEIR 95-01, and amended Otay Ranch SPA One FEIR 97-03. VII. 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 is within the scope of the GDP FEIR (90-01), the original SPA One Plan FEIR (95-01), and the subsequent SPA One Plan FEIR (97-03) adequately describes and analyzes this project for the purposes of CEQA [Guideline 15168 (e)]. VIII. TENTATIVE SUBDIVISION MAP FINDINGS Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City Council finds that the Otay Ranch Village One West (South) "Tentative Map, Otay Ranch Village One West R-59 & R-60, Chula Vista Tract 98-06B", (PCS-02-09) as conditioned, attached as Exhibit "B", herein for Applicant, is in conformance with all the various elements of the City's General Plan, the Otay Ranch General Development Plan and Sectional Planning Area One Plan as amended, based on the following: 1. Land Use The Project is in a planned community that provides single-family residential uses, parkland uses, school uses, and open space. The Project is also consistent with General Plan, Otay Ranch GDP, and Otay Ranch SPA One Plan policies related to grading and landforms. 2. Circulation All of the on-site and off-site public and private improvements required to serve the subdivision are part of the project description or are conditioned consistent with the Otay Ranch General Development Plan, and the Otay Ranch SPA One Plan. The Applicant shall construct those facilities in accordance with City and Otay Ranch SPA One Plan standards. 3. Housing An affordable housing agreement between the City and The Otay Ranch Company (Master Developer) has been executed and is applicable to subject Project providing for low and moderate-income households. 4. Parks, Recreation and Open Space Parks, recreation and open space obligations will be conditioned under said Tentative Map conditions. Construction of Park and open space and programmable recreation facilities are the responsibility of the Applicant. 5. Conservation The Program EIR and FEIR's addressed the goals and policies of the Conservation Element of the General Plan and found development of this site to be consistent with these goals and policies. The Otay Ranch Phase Two Resource Management Plan requires conveyance of 1.18 acres of 10. 11. land to the Otay Ranch Preserve for every one-acre of developed land prior to approval of any Final Map. Seismic Safety The proposed subdivision is in conformance with the goals and policies of the Seismic Element of the General Plan for this site. No seismic faults have been identified in the vicinity of the Project according to the Otay Ranch SPA One Geotechnical Reconnaissance Report. Public Safety All public and private facilities are expected to be reachable within the threshold response times for fire and police services. Public Facilities The Applicant will provide all on-site and off-site streets, sewers and water facilities necessary to serve this Project. The developer will also contribute to the Otay Water District's improvement requirements to provide terminal water storage for this Project as w_ell as other major projects in the eastern territories. Noise The Project may include noise attenuation walls under review in an acoustic study currently being prepared for the Project. In addition, all units are required to meet the standards of the Uniform Building Code with regard to acceptable interior noise levels. Scenic Highway The roadway design provides wide landscaped buffers along Olympic Parkway (formerly Orange Avenue) the only General Plan, GDP/SRP scenic highways adjacent to the Project. Bicycle Routes The Project is required to provide on-site bicycle routes on East Palomar Street, Heritage Road, and Olympic Parkway as indicated in the regional circulation system of the General Plan and the Otay Ranch GDP. IX. 12. Public Buildings Public buildings are not proposed on the Project site as part of the community purpose facility locations. The Project is subject to appropriate residential fees prior to issuance of building permits. The conditions herein imposed on the grant of permit or other entitlement herein contained is approximately proportional both in nature and extent to the impact. created by the proposed development. CONSISTENCY WITH THE GENERAL PLAN The proposed Project is consistent with the General Plan for the following reasons: THE PROPOSED AMENDMENT iS 1N CONFORMITY WITH THE CHULA VISTA GENERAL PLAN. The Otay Ranch SPA One portion of Otay Ranch Village One West approving "Tentative Map, Otay Ranch Village One West R-59 & R-60, Chula Vista Tract 98-06B", (PCS-02-09) reflects the land uses, cimulation system, open space and recreational uses, and public facility uses consistent with the Chula Vista General Plan, Otay Ranch General Development Plan and Otay Ranch SPA One Plan. The elementary school site in Village One West was added to the City's General Plan and Otay Ranch General Development Plan in the event that the primary school site identified in the nearby Sunbow Planned Community was unavailable. The Chula Vista Elementary School District (C.V.E.S.D.) has purchased the Sunbow site and determined that the Village One West site is no longer needed. THE PROPOSED AMENDMENT WILL PROMOTE THE ORDERLY SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREA. The proposed Tentative Map, "Tentative Map, Otay Ranch Village One West R-59 & R-60, Chula Vista Tract 98-06B", (PCS-02-09) implements the Otay Ranch SPA One requirements and maintains provisions and requirements to ensure the orderly, phased development of the project. The underlying land use in Village One West is identified as single-family residential as described in the Otay Ranch SPA One document. THE PROPOSED AMENDMENTS WILL NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY. The land uses within Otay Ranch are designed with an underlying land use in place in the event of the relocation or deletion of pubtic facilities such as schools. The elementary school site in nearby Sunbow will serve the project residents, as required by the General Plan and Otay Ranch General Development Plan. A comprehensive street network serves the project and provides for access to off-site adjacent properties. The proposed plan closely follows all existing environmental protection guidelines &nd will avoid unacceptable off-site impacts through the provision of mitigation measures specified in the Otay Ranch Final Environmental Impact Report (FEIR-95-01) and (FEIR-97-03). X. CONDITIONS OF APPROVAL The City Council hereby approves the Project subject to the conditions set forth in Exhibit "B", attached hereto. XI. APPROVAL OF TENTATIVE SUBDIVISION MAP The City Council does hereby approve the Project subject to the conditions set forth in Section VI and Section X listed above and based upon the findings and determinations on the record for this Project. XII. 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 conditiorfs 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 approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. XIlI. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that any one or more terms, provisions, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further fome and effect ab initio. Presented by Approved as to form by Robert A. Leiter Director of Planning and Building VVUu' ' ~7 John M. Kaheny City Attorney R~NCHO DEL REY ILCNCHO DEL REY MIDDLE SCHOOL POINTE PINNACLE APARTMENTS HERITAGE PARK RIDGE ~SUNBOW II FUTURE SCHOOL SITE R 57 LOCATION CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT PROJECT DESCRIPTION: APPLICANT:OTAYPF{OJECT, L.R TENTATIVE SUBDIVISION MAP PROJECT OTAY RANCH VILLAGE ONE, WEST Request: Proposal to revise tentative map and SPA ADDRESS: R59/R60 amendment to develop 92 single family residential SCALE: FILE NUMBER: lots on 1 5.2acres. NORTH No Scale PCS-02-09 Related Case(s): IS-03-001, PCS-98-06A j:\home\planning\cherrylc\locators\pcsO209.cdr 0709.02 EXHIBIT "A" Exhibit "B" Village One West (South) Revised Tentative Subdivision Map (C.V.T. 98-06B) CONDITIONS OF APPROVAL Unless otherwise specified or required by law: (a) the conditions and Code requirements set forth below shall be completed prior to the related final map as determined by the 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 applicant shall be required to provide subordination of any prior lien and easement holders in order to ensure that the City has a first priority interest and rights in such land unless otherwise excused by the City. Where fee title is granted or dedicated to the City, said fee title shall be free and clear of all encumbrances, unless otherwise excused by the City. Should conflicting wording or standards occur between these conditions of approval, any conflict shall be resolved by the City Manager or designee. GENERAL/PRELIMINARY Comply with all requirements and guidelines of the SPA One Parks, Recreation Open Space and Trails Plan, Public Facilities Finance Plan, Ranch Wide Affordable Housing Plan, SPA One Affordable Housing Plan, and the Non-Renewable Energy Conservation Plan, as amended from time to time, unless specifically modified by the appropriate department head, with the approval of the City Manager. These plans may be subject to minor modifications by the appropriate department head, with the approval of the City Manager, however, any materiaI modifications, shall be subject to approval by the City Council. 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. For purposes of this document the term "Developer" shall also mean "Applicant". 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 applicant shall be notified 10 days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City. Applicant shall indemnify, protect, defend and hold the City harmless from and against any and all claims, liabilities and costs, including attorney's fees, arising from challenges to the 1 EXHIBIT "B" Environmental Impact Report and subsequent enviromnental review for the Project and any or all entitlements and approvals issued by the City in connection with the Project. The applicant shall comply with all applicable SPA One conditions of approval, as may be amended from time to time. Any and all agreements that the applicant is required to enter in hereunder, shall be in a form approved by the City Attorney. The terms, conditions and time limits associated with this tentative map shall be consistent with the Development Agreement approved by Ordinance No. 2679 by the City Council on July 16, 1996 ("Development Agreement") and as amended on October 22, 1996. The applicant shall comply with the temps of the Conveyance Agreement, as may be amended from time to time, adopted by Resolution No. 18416 by the City Council on October 22, 1996 ("Conveyance Agreement"). ENVIRONMENTAL The applicant shall implement all applicable mitigation measures identified in EIR 95-01, subsequent EIR 97-03, the CEQA Findings of Fact for this Project (on file in the City Clerk's Office) and the Mitigation Monitoring and Reporting Program (on file in the City Clerk's Office). 10. Prior to the approval of each final "B" Map, the applicant shall comply with all applicable requirements of the Phase 2 Resource Management Plan (RMP) as approved by the City Council on June 4, 1996 and as may be amended from time to time by the City. 11. Prior to the approval of each final "B" Map, the applicant shall comply with the Otay Ranch Resource Preserve Conveyance Plan. 12. The Applicant shall comply with any applicable requirements of the California Department ofFish and Game, the U.S. Department ofFish and Wildlife and the U.S. Army Corps of Engineers. 13. All on-site locations of vernal pools and Otay Tarplant shall be depicted on all grading plans as sensitive areas, and if to be preserved, shall be preserved in perpetuity, and shall be appropriately fenced and buffered. The location and preservation of these resources shall be verified by a qualified biologist to the satisfaction of the Environmental Review Coordinator. The applicant shall not "take" the Otay Tarplant or disturb the vernal pools until such time as authorization for such action, if necessary, is obtained from the appropriate resource agency. SPECIAL CONDITIONS OF APPROVAL 14. The following conditions of approval are based upon the project having multiple Final Maps for the entire subdivision, which shall be referenced hereinafter as "Final 'B' Maps". Unless otherwise specified, all conditions and code requirements listed below shall be fully completed to the City's reasonable satisfaction prior to approval of the first Final 'B' Map. 15. The subsequent development of a multi-family lot which does not require the filing ofa "B" map shall meet, prior to issuance of a building permit for that lot, all the applicable conditions of approval of the tentative map, as determined by the City Engineer. Construction of non-backbone streets adjacent to multiple-family lots will not need to be bonded for with the final "A" map, which created such lot. However, such improvements will be required to be constructed under the Municipal Code provisions requiring construction of street improvements under the design review and building issuance permit processes. 16. In the event of a filing of a final 'B' map which requires oversizing of the improvements necessary to serve other properties, said final map shall be required to install all necessary improvements to serve the project plus the necessary oversizing of facilities required to serve such other properties (in accordance with the restrictions of state law and City ordinances). DESIGN 17. Any proposed monumentation/signage shall be consistent ;vith the SPA One Village Design Plan and shall be reviewed and approved by the Director of Planning and Building prior to approval of the appropriate final map. 18. In addition to the requirements outlined in the City of Chula Vista Landscape Manual, privately maintained slopes in excess of 25 feet in height shall be landscaped and irrigated to soften their appearance as follo;vs: one 5-gallon or larger size tree per each 150 square feet of slope area, one 1-gallon or larger size shrub per each 100 square feet of slope area, and appropriate groundcover. Trees and shrubs shall be planted in staggered clusters to soften and vary the slope plane. Landscape and irrigation plans for private slopes shall be reviewed and approved by the Director of Planning and Building prior to approval of the appropriate final map. 19. A comprehensive ;vail plan for the Project indicating color, materials, height and location shall be reviexved and approved by the Director of Planning and Building prior to approval of the first final "B" Map for the Project. 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. A revised acoustical analysis indicating if view fencing, such as a combination of masonry and wrought iron, is allowable at the ends of cul-de-sacs and other lots backing up to Telegraph Canyon Road, East Palomar Street, Olympic Parkway, and Heritage Road (formerly Paseo Ranchero)~ shall be prepared prior to submittal of the ;vall plan indicated above. If such 3 fencing is allowable per the final acoustical analysis it shall be provided at the ends of such streets as determined by the Directors of Public Works and Planning and Building. View fencing shall be provided at the ends of all other open cul-de-sacs where a sound wall is not required. Any combination free standing/retaining walls shall not exceed 8.5 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 free standing walls. Said detail shall be reviewed and approved by the Director of Planning and Building prior to the approval of the first final "B" map. The maximum height of all retaining walls shall be 2.5 feet in height when combined xvith freestanding walls, which are six feet in height. A 2-3 foot separation shall be provided between free standing and retaining walls where the combined height would otherwise exceed 8.5 feet. 20. Prior to the approval of the final 'B' map for Neighborhood R-60, the applicant shall submit and obtain approval of the site plan, and such approval shall be at the discretion of the Zoning Administrator. 21. A minimum of thirty percent of all 60x 110 feet lots in each final map shall be provided with Hollywood driveways, and comply with the requirements of the Otay Ranch SPA One Planned Community District Regulations as may be amended from time to time. 22. The developer shall install public facilities in accordance with the Otay Ranch SPA One, Public Facilities Finance Plan (PFFP) 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 and Building may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such a revision. STREETS, RIGHT-OF-~VAY AND PUBLIC IMPROVEMENTS 23. Developer shall dedicate for public use all the public streets shown on the tentative map withiu the subdivision boundary. Prior to the approval of the first "A" map, the applicant shall construct or enter into an agreement to construct and secure of all street improvements as required by the PFFP, for each particular phase, as may be amended from time to time. The Developer shall construct the public improvements and provide security satisfactory to the City Engineer and City Attorney, as set forth in Table "A" below. The City Engineer and Director of Planning and Building may, at their discretion, modify the sequence, schedule, alignment and design ofimprovcment construction should conditions change to warrant such a revision. TABLE A FACILITY/ AGREE TO CONSTRUCT LIMITS AND GUARANTEE STREET NAME CONSTRUCTION BY Existing Improvements (in Sunbow) Per PFFP & East Palomar St. to Heritage Road (formerly Paseo Ranchero) Olympic Parkway Agreement 4 Open Space Landscape and Irrigation Improvements All Open Space Lots in Village One West 2 Prior to the first Final "B" Map 24. 25. 26. 27. 28~ Olympic Parkway Financing and Construction Agreement approved by Council Resolution 19410. 2 For any open space lot within the project for which a rough grading permit has been issued prior to the approved Landscape and Irrigation plans for such lot, security shall be provided prior to the fzrst Final "B" Map, and to the satisfaction of the Director of Planning and Building, City Engineer, and the City Attorney. Secure in accordance with Section 18.16.220 of the Municipal Code, as necessary, the construction and/or construct full street improvements for all on-site and off-site streets as identified in the Otay Ranch SPA One PFFP, as may be amended from time to time deemed necessary to provide service to the subject subdivision. Said improvements shall include, but not be limited to, asphalt concrete pavement, base, concrete curb, gutter and side~valk, sewer, reclaimed water and water utilities, drainage facilities, street lights, traffic signals, signs, landscaping, irrigation, fencing and fire hydrants. Street light locations shall be approved by the City Engineer. Street cross sections shall conform to the cross sections shown on the tentative map, unless other~vise conditioned or approved herein. All other design criteria shall comply with the current Chula Vista Design Standards, Chula Vista Street Design Standards, and the Chula Vista Subdivision Manual unless otherwise conditioned or approved herein. As part of the improvement plans associated with the final "B" Map which triggers the installation of the related street improvements, install a fully activated traffic signal including interconnect wiring at East Palomar Street and Santa Sierra Drive. Developer shall also install underground improvements, standards and luminaries with construction of street improvements, and install mast arms, signal heads and associated equipment as determined by the City Engineer. Submit to and obtain approval by the City Engineer of striping plaus for all collector or higher classification streets simultaneously with the associated improvement plans. Construct a temporary turnaround or street improvements, upon the request of and as determined necessary by the City Engineer and Fire Marshal, at the end of temporarily stubbed streets greater than 150 ft. in length (as measured from the nearest street centerline intersection). Design all vertical and horizontal curves and intersection sight distances to conform to the Caltrans Highway Design Manual. All streets, which intersect other streets at or near horizontal or vertical curves must meet intersection design sight distance requirements in accordance with City standards. Sight visibility easements shall be granted as necessary to comply with the requirements in the Caltrans Highway Design Manual and City of Chula Vista policies, where a conflict exists, the City of Chula Vista policies shall prevail. Lighted SAG vertical curves will be permitted, with the approval of the City Engineer, at intersections per AASHTO standards. 29. Enter into an agreement with the City, prior to the approval of the first final map where the developer agrees to the following: Fund and install Chula Vista transit stop facilities within the tentative map boundary when directed by the Director of Public Works. The improvement plans for said stops shall be prepared in accordance with the transit stop details described in the Village Design Plans and approved by the Directors of Planning and Building and Public Works. Not protest the formation of any future regional benefit assessment district to finance the MTDB San Diego Trolley LRT System. 30. The applicant shall install all street trees 'in accordance with Section 18.28.10 of the Chula Vista Municipal Code. All street trees shall be planted in parkways, or as otherwise approved by the Director of Planning and Building. Street trees, which have been selected from the revised list of appropriate tree species described in the Village Design Plan, shall be approved by the Director of Planning and Building and Director of Public Works. The applicant shall provide root control methods per the requirements of the Director of Planning and Building, and provide a deep watering irrigation system for the trees. A street tree improvement plan shall be submitted for approval by t,he Director of Planning and Building and the City Engineer prior to or concurrent with the second submittal of street improvement plans within the subdivision. Approval of the street tree improvement plans shall constitute final approval of the selection of street trees for the street parkways. 31. The developer shall construct sidewalks and construct pedestrian ramps on all walkways to meet "Americans with Disabilities Act" standards and as approved by the City Engineer. In the event the Federal Government adopts 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 by federal law, City ADA standards may be considered vested, as determined by Federal regulations, only after construction has commenced. 32. Prior to the issuance of any rough grading permit for the Project, the applicant shall submit a study showing that all curb returns for any intersections in excess of 4% located within the permit boundaries comply with all "Americans with Disabilities Act" standards at the front and back of sidewalks. 33. On streets where cul-de-sacs arc 150 feet or less in length, the applicant shall provide a twenty-foot setback on driveways from property line to garage and sectional roll-up type garage doors except as provided for in the Planned Community District Regulations or approved by the City Engineer and the Director of Planning and Building. 34. Residential Street Condition 'A' as denoted on the cover page of the tentative map is the preferred section and shall be implemented on all residential streets, unless otherwise approved by the City Engineer and Director of Planning and Building. Except that Santa Sierra Drive betxveen East Palomar Street and Mount Whitney, and Santa Sierra Drive, bet~veen East Palomar and Mount Whitney, shall be a Secondary Village Entry Street as defined in the Otay Ranch SPA One Plan. 35. The developer shall not install privately owned water, reclaimed water, or other utilities crossing any public street. This shall include the prohibition of the installation of sleeves for future construction of privately owned facilities. The City Engineer may waive this requirement if the following is accomplished: The developer enters into an agreement with the City where the developer agrees to the following: (i) Apply for an encroachment permit for installation of the private facilities within the public right-of-way. (ii) Maintain membership in an advance notice such as the USA Dig Alert Service. (iii) Mark out any private facilities o~vned by the developer whenever work is performed in the area. The terms of this agreement shall be binding upon the successors and assigns of the developer. Shutoff devices as determined by the City Engineer are provided at those locations xvhere private facilities traverse public streets. 36. Street names shall be as on the approved tentative map. GRADING AND DRAINAGE 37. Storm drain syste~ns that collect water from private property shall be designated private on grading and drainage and/or improvement plans to the point of connection with a public system or to the point at which storm water that is collected from public street fight-of-way, public park or open space areas is first introduced into the system. Downstream from that point, the storm drain system shall be public. An encroachment permit shall be processed and approved by the City for private storm drains within the public right-of-way or within C.F.D. maintained Open Space lots. 38. Submit with grading and drainage and/or improvement plans, as applicable, hydrologic and hydraulic studies and calculations, including dry lane calculations for all public streets. Calculations shall also be provided to demonstrate the adequacy of downstream drainage structures, pipes and inlets. 39. Prior to the issuance of any grading permit which impacts off-site property, the applicant shall deliver to the City, a notarized letter of permission to grade and drain for all off-site grading. 40. Stonn drain design shall conform to the requirements of the Subdivision Manual and the Grading Ordinance as may be amended from time to time. 41. Provide improved all-weather access with H-20 loading to all storm drain clean-outs or as otherwise approved by the City Engineer. 42. Provide a setback, as determined by the City Engineer, between the property lines of the proposed lots and the top or toe of any slope to be constructed where the proposed grading adjoins undeveloped property or property owned by others. The City Engineer will not approve the creation of any lot that does not meet the required setback. 43. All grading and pad elevations shall be within 2 feet of the gTades and elevations shown on the approved tentative map or as otherwise approved by the City Engineer and Director of Planning and Building. 44. Submit a list of proposed lots with the appropriate grading plan indicating whether the structure xvill be located on fill, cut or a transition between the two situations unless otherwise approved by the City Engineer. 45. Grant on the appropriate final "B" map a 15 feet minimum drainage and access easement for storm drain lines located between residential units unless otherwise directed by the City Engineer. All other easements shall meet City standards for required width. 46. Provide runoff detention basins or other facilities approved by the City Engineer to reduce the quantity of runoff from the development to an amount equal to or less that the present 100-year frequency runoff. 47. Development of the subdivision 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 applicant shall file a 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 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 48. 49. 50. 51. 52. 53. provisions of the N.P.D.E.S. 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 applicant shall 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. The San Diego Regional Water Quality Control Board has issued a new Municipal Storm Water Permit (Order No. 2001-01). The permit includes regulations such as implementation of Standard Urban Storm Water Mitigation Plans (SUSMPS) and Numeric Sizing Criteria for new residential development. The applicant shall comply with all relevant City regulations, when they become effective, including but not limited to incorporation into the design and implementation of the 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. The Project, during construction and post construction, shall comply with non-structural permanent BMP's, and provide for long-term maintenance of structural BMP's. Future tenants or owners shall comply with the standard Urban Storm Water Mitigation Plans (SUSMP) and Numeric Sizing Criteria of the Municipal Permit Order No. 2001-01. Storm drain clean outs shall not be located on slopes or in inaccessible areas for maintenance equipment. Public storu~ drains shall be installed as close to perpendicular to the slope contours as possible but in no case greater than 15 degrees from perpendicular to the contours. Brow ditches that cross over slopes greater than 10 feet in height and steeper than 3:1 gradient shall not be allowed. Drainage shall be collected in an inlet and carried via underground storm drain to the bottom of the slope or a drain inlet connected to an underground storm drain. The applicant shall ensure that brow channels and ditches emanating from and/or running through City Open Space are not routed through private property. Brow ditches and channels from private property shall not be routed through City open space unless approved by the City Engineer. Designate all drainage facilities draining private property to the point of connection with public facilities as private. Obtain a Letter of Map Revision (LOMR) from the Federal Emergency Management Agency revising the current National Flood Insurance Program maps of the downstream end of Poggi Canyon Chaxmel east of Brandywine Avenue to reflect the effect of the proposed drainage improvements. The LOMR shall be completed prior to acceptance by the City of the proposed detention facility. Obtain, prior to approval of the first final "B" Map, the approval of the Director of Public Works of any amendment necessary to make the Master Drainage plan consistent with the approved Tentative Map. Prior to issuance of each grading permit for the Project, prepare and obtain approval by the City Engineer, Director of Planning and Building of an erosion and sedimentation control plan. 54. Indicate on all affected grading plans that all walls, which are to be maintained by open space district's shall be constructed entirely within open space lots dedicated to the City. SEWER 55. All sewcr access points (manholes) shall be located at the centerline of streets or cul-de-sacs unless otherwise approved by the City Engineer and Director of Public Works. 56. Provide sewer access points at all changes of alignment of grade unless otherwise approved by the City Engineer. Sewers serving 10 or less equivalent dwelling units shall have a minimum grade of 1%. 57. Design and construct all sewers ending in a cul-de-sac with a sewer access points placed in the center of the cul-de-sac, unless otherwise approved by the City Engineer. Provide an access road ~vith a minimum width of 12 feet to ail sanitary sewer access points using such construction material as approved by the Director of Public Works. The roadway shall be designed for an H-20 wheel load or other loading as approved by the City Engineer. Sewer lines shall be installed as close to perpendicular to the slope contours as possible but in no case greater than 15 degrees from perpendicular_to the contours. 59. Grant on the appropriate final "B" Map a 20 feet minimum sewer and access easement for sewer lines located between residential units unless otherwise directed by the City Engineer. All other easements shall meet City standards for required width. 60. No diversion from the natural boundaries of the Poggi Canyon Sewer Basin will be allowed unless approved by the City Engineer. Only temporary diversion may be approved and only in the event of lack of capacity for the Project in the Poggi Canyon trunk server or sewer facilities farther downstream. Prior to the approval of any diversion by pumping to the Telegraph Canyon Basin, the applicant shall enter into an agreement with the City to finance the costs associated with the installation, operation, maintenance, repair, replacement and eventual decommissioning and removal of any required pumping station and connection of the Project to the Poggi Canyon trunk sewer (when capacity is available), in accordance with City Council Policy 570-03 (Sewage Pump Station Financing Policy). The applicant shall pay the Telegraph Canyon Pumped Flow Sewer DIF prior to the issuance of building permits for any dwelling units in the Project pumping to the Telegraph Canyon Basin. PARKS/OPEN SPACE/WILDLIFE PRESERVATION 61. The Village One West (C.V.T. 98-06B) Project shall satisfy the requirements of the Park Land Dedication Ordinance (PLDO). The ordinance establishes a requirement that the project provide three (3) acres of local parks and related improvements per 1,000 residents. ~_0 Local parks are comprised of community parks and neighborhood parks. The Project's requirement shall be satisfied in a future Community Park through the payment of fees, dedication of land, or a combination thereof as determined in the sole discretion of the Director of Building and Park Construction. 62. The applicant shall grant to the City, prior to the first Final "A" Map for the Project, an irrevocable offer of dedication in a location which is acceptable to the Director of Building and Park Construction. 63. The Applicant shall receive surplus park credit to the extent the combined park credit for the neighborhood park, and the community park exceeds the 3 acres per 1,000 residents standard. This surplus park credit may be utilized by the Applicant to satisfy local park requirements in future SPA's located within the City's corporate boundaries. 64. Prior to the approval of each final "B" Map the Applicant shall pay PAD fees~_dedicate land, or a combination thereof, and all Recreation Development Impact Fees for the Community Park. 65. If the two trail cmmections located in open space lot #34 adjacent to Olympic Parkway, are located behind attended entry cottages, adequate public signage and direction shall be provided by the applicant to the satisfaction of the Director of Planning and Building, to encourage public access for pedestrians to enter through or adjacent to the attended entry cottage to access the public trail connections. ~ 66. Applicant shall provide public pedestrian, bicycle, cart ingress and egress easements upon over and across Santa Sierra Drive, and Sparrow Lake Road and shall install appropriate signage indicating location of trail connections, handicap access, and bikeway locations to the Regional Trail, and, developer shall obtain approval by the Director of Building and Park Construction prior to the approval of the first final "B" map for Village One West (C.V.T. 98-06B). Signage shall be installed upon the request of the Director of Building and Park Construction. OPEN SPACE/ASSESSMENTS 67. Prior to the approval of the first final "B" Map, the developer shall: Submit and obtain approval of a revised and updated Village One West (C.V.T. 98- 06B) Maintenance Responsibility Map from the Director of Planning and Building, which shall include delineation of private and public streets. Submit evidence, acceptable to the City Engineer and the Director of Planning and Building prior to approval of the first "B" Map of the formation of a Master Homeowner's Association (MHOA), or another financial mechanism acceptable to the City Manager. The MHOA shall be responsible for the maintenance of those landscaping improvements that are not to be included in the proposed Open Space 11 68. 69. District. The City Engineer and the Director of Plmming and Building may require that some of those improvements shall be maintained by the Open Space District. The final deterufination of which improvements are to be included in the Open Space District and those to be maintained by the MHOA shall be made during the Open Space District Proceedings. The MHOA shall be structured to allow annexation of future tentative map areas in the event the City Engineer and Director of Planning and Building require such annexation of future tentative map areas. The MHOA formation documents shall be approved by the City Attorney. Submit and obtain approval of the City Engineer and the Director of Planning and Building of a list of all Otay Ranch SPA One and MHOA facilities and other items to be maintained by the proposed district. Separate lists shall be submitted for the improvements and facilities to be maintained by the Open Space District and those to be maintained by a Master Homeowner's Association. Include a description, quantity and cost per year for the perpetual maintenance of said improvements. These lists shall include but are not limited to the following facilities and improvements: (i) All facilities located on open space lots to include but not be limited to: walls, fences, water fountains, lighting structures, paths, trails, access roads, drainage structures and landscaping. Each open space lot shall also be broken down by the number of acres of: 1) turf, 2) irrigated, and 3) non- irrigated open space to aid in the estimation ora maintenance budget thereof. (ii) Medians and parkways along Olympic-Parkway, Heritage Road (formerly Paseo Ranchero), East Palomar Street, (onsite and offsite) and all other street parkways proposed for maintenance by the open space district or Homeowners' Association. (iii) The proportional share of the proposed detention basin and naturalized channel in Poggi Canyon. This includes but is not limited to the cost of maintenance and all cost to comply with the Department ofFish and Game and the Corps of Engineers permit requirements. (iv) The proportional share of the maintenance of the median and parkways along that portion of Telegraph Canyon Road adjoining the development as detem~ined by the City Engineer. Offer for dedication in fee interest to the City on the first map, an updated offer for dedication of Open Space Lot "E" as identified on Final Map No. 14278. Execute and record an irrevocable offer of dedication of fee interest for each of the lots to be maintained by the City through the open space district. Prior to the first Final "B" Map for the Project, the Applicant shall submit for review, and obtain the approval of the City engineer and Director of Building and Park Construction, a 12 70. 71. construction change to the Landscape and Irrigation Improvement Plans for Open Space Lot "E" as identified on Final Map No. 14278. The applicant shall agree to create a Master Homeowner's Association ("MHOA") to own and maintain in a professional mmmer open space areas, medians, and parkways not maintained by the Community Facility District or the City (referred to collectively as "open space areas"). Developer shall complete the fonnation of the MHOA prior the first final "B" map. The MHOA shall be structured to allow annexation of future tentative map areas in the event the City Engineer and Director of Planning require such annexation of future tentative map areas. On or before 60 days from the date of Council approval of this tentative map, the developer shall submit for City's approval the CC&R's, grant of easements and maintenance standards and responsibility of the MHOA's for the Open Space Areas within the Project area. Developer shall acknowledges that the MHOA's maintenance of public open space, trails, etc. may expose the City to liability. Developer agrees to establish a MHOA that will hold the City harmless from any actions of the MHOA in the maintenance of such areas. Prior to the approval of each Final "B" Map, Declaration of Covenants, Conditions, and Restrictions (CC&R's) shall be submitted and approved by the City Engineer. The CC&R's shall include the following obligations of the Master Homeowners Association: A requirement that the MHOA shall maintain comprehensive general liability insurance against liability incident to ownership or use of the following areas: i. All open space lots that shall remaiu private, ii. Other Master Association property. 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 percent of the holders o f first mortgages or property owners within the MHOA. The MHOA shall indemnify and hold the City harmless from any claims, demands, causes of action liability or loss related to or arising from the maintenance activities of the MHOA. The MHOA shall not seek to be released by the City from the maintenance obligations described herein without the prior consent of the City and 100 percent of the holders of first mortgages or property owners within the MHOA. 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. 72. 73. 74. 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. The CC&R's shall include provisions assuring maintenance of all streets, driveways, drainage and sewage systems which are private. The CC&R's shall include provisions assuring MHOA membership in an advance notice such as the USA Dig Alert Service in perpetuity. The CC&R's shall include provisions that provide the City has the right to enforce the CC&R provisions same as any owner in the project. 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. The MHOA shall not dedicate or convey for public streets, land used for private streets without approvaI of 100% of all the HOA members or holder of first mortgages within the MHOA. The CC&R's shall provide for the maintenance of private open space lots, slope areas, landscape and irrigation and walls withi~n each subdivision. Future property owners shall be notified during escrow, by a document to be initialed by the oxvners, of the maintenance responsibilities of the MHOA and their estimated annual cost. Developer shall submit the document and obtain the approval of the City Engineer and Director of Planning and Building prior to distribution through escrow. Grade a level, clear area at least three feet wide (face of wall to top of slope), along the length of any xvall abutting an open space district lot, as measured from face-of-wall to beginning of slope. Said area shall be as approved by the City Engineer and the Director of Planning and Building. Ensure that all buyers of lots adjoining open space lots containing walls maintained by the open space district sign a statement, when purchasing their homes, stipulating that they are aware that the walls are on City property and that they shall not modify or supplement the wall or encroach onto City property. These restrictions shall also be incorporated in the CC&R's for each lot. 75. The developer agrees to not protest formation or inclusion in a maintenance district or zone for the maintenance of landscaped medians and scenic corridors along streets within or adjacent to the subject subdivision. 3_4 WATER 76. Provide to the City a letter from Otay Municipal Water District indicating that the assessments/bonded indebtedness for all parcels dedicated or granted in fee to the City have been paid or that no assessments exist on the parcel(s). 77. Present verification to the City Engineer in the form of a letter from Otay Water District that the subdivision will be provided adequate water service and long-term water storage facilities. EASEMENTS 78. Grant to the City a 10' wide easement for general utility purposes along public street frontage of all open space lots offered for dedication to the City unless otherwise approved by the City Engineer. Ensure that sufficient room is available for street tree planting when locating utilities within this easement. 79. Indicate on all appropriate "B" Maps a reservation of easements to the future Homeowners Association for private storm drain, if any, within open space lots as directed by the City Engineer. Obtain, prior to approval of each final "B" Map, all off-site right-of-way necessary for the installation of the required improvements for that subdivision thereto. The developer shall also provide easements for all on-site and off-site public drainage facilities, sewers, maintenance roads, and any other public facilities nece_ssary to provide service to the subject subdivision. 80. Grant easements to subsequent owners pursuant to Section 18.20.150 of the City Code on any final map that proposes private utilities or drainage facilities crossing property lines as direcled by the City Engineer. 81. Grant to City on all appropriate final "B" Map two foot access easements along the rear and side property line of lots adjoining walls to be maintained by the open space district. The locations of these easements shall be as required by the Director of Plarming and Building and the City Engineer to provide adequate access for maintenance of said walls. 82. Storm drain easements shall be private unless the storm drain systems therein are public. 83. Where a private storm drain easement will parallel a public sewer easement, the easements shall be delineated separately on the final map and on the grading and improvement plans. If any portion of the easements will overlap one another, the City shall have a superior right to the common portion of the easements. 84. Prior to the approval of each final map, the City Engineer may require either the removal or the subordination of any easement, which may unreasonably interfere with the full and complete exercise of any required public easement or right-of-way. 15 85. The developer shall notify the City at least 60 days prior to consideration of the final map by City if any off-site right-of-way cannot be obtained as required by the Conditions of approval. (Only off-site right-of-way or easements affected by Section 66462.5 of the Subdivision Map Act are covered by this condition.) After said notification, the developer shall: Pay the full cost of acquir/ng off-site right-of-way and/or easements required by the Conditions of Approval of the tentative map. Deposit with the City the estimated cost of acquiring said right-of-way and/or easements. Said estimate to be approved by the City Engineer. Have all easements and/or right-of-way documents and plats prepared and appraisals complete which are necessary to commence condemnation proceedings as determined by the City Attorney. Request that the City use its powers of Eminent Domain to acquire right-of-way, easements or licenses needed for off-site improvements or work related to the final map. The developers shall pay all costs, both direct and indirect incurred in said acquisition. The requirements of a, b, and c above shall be accomplished prior to the approval of the first Final "B" Map. AGREEMENTS/FINANCIAL 86. Enter into a supplemental agreement with the City, prior to approval of each Final Map, where the developer agrees to the following: That the City may withhold building permits for the subject subdivision if any one of the following occur: (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 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 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 mnended as approved by the City's Director of Planning and Building and the Public Works Director. (iv.) The applicant does not comply with the terms of the Reserve Fund Program. 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 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 provided the City promptly notifies the subdivider of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. 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 the 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 within the Project. Developer shall restrict access to the conduit to only those franchised cable television companies who are, and remain in co~npliance with, all other roles, 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. That the City may withhold the issuance of building pemfits 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 brcach 87. 88. Hold the City harmless from any liability for erosion, siltation or increase flow of drainage resulting from this project. Enter into an supplemental agreement with the City prior to approval of the first final "B" Map, where the developer agrees to the following: Participate, on a fair share basis, in any deficiency plan or financial program adopted by SANDAG to comply with the Congestion Management Program (CMP). To not protest the formation of any future regional impact fee program or facilities benefit district to finance the construction of regional facilities. The applicant shall comply with all previous Agreements as they pertain to the tentative map. 17 MISCELLANEOUS 89. Within thirty (30) days of the City Council approval of these map conditions, or prior to the submittal of the first final map for the project, whichever occurs first, the Developer shall submit a digital drawing file of the tentative map in its approved form. The drawing projection shall be in California State Plane Coordinate System (NAD 83, Zone 6). The digital file shall combine all map sheets into a single CADD drawing, in DXF, DWG or ArcView (GIS) format and shall contain the following individual layers: a. Subdivision Boundary (closed polygons) b. Lot Lines (closed polygons) c. Street Centerlines (polylines) d. Easements (polylines) e. Street Names (annotation) f. Lot Numbers (annotation) The digital dra;ving file shall be submitted in accordance with the City Guidelines for Digital Submittal on 3 Va" disks, as an e-mail attachment to the City Engineer or as otherwise approved by the City Engineer. 90. Submit copies of all final maps, grading and improvement plans in a digital format. The drawing projection shall be in California State Plane Coordinate System (NAD 83, Zone 6). The digital file of the final maps shall combine all map sheets into a single CADD drawing, in DXF, DWG or ArcView (GIS) format and shall contain the following individual layers: a Subdivision Boundary (closed polygons) b. Lot Lines (closed polygons) c. Street Centerlines (polylines) d. Easements (polylines) e. Street Names (annotation) f. Lot Numbers (annotation) The final map, grading plan and improvement plan digital files shall also conform to the City of Chula Vista Subdivision Manual requirements therefore. The digital drawing files shall be submitted in accordance with the City Guidelines for Digital Submittal on 3 ½" disks, as an e-mail attachment to the City Engineer or as otherwise approved by the City Engineer. 91. Tie the boundary of the subdivision to the California System-Zone VI (1983). 92. Pursuant to the provisions of the Growth Management Ordinance (Section 19.09 of the CVMC) and the Otay Ranch General Development Plan (GDP), and as they may be amended from time to time, the Applicant shall complete the following: (1) Fund the preparation of an annual report monitoring the development of the community of Otay Ranch. The annual monitoring report will analyze the supply of, and demand for, public facilities and services governed by the threshold standards. An annual review shall commence following the first fiscal year in which residential occupancy occurs and is to be completed during the second quarter of the following fiscal year. The annual report shall adhere to those guidelines noted on page 353, Section D of the GDP/SRP; and (2) Prepare a five year development phasing forecast identifying targeted submittal dates for future discretionary applications (SPA's and tentative maps), projected construction dates, corresponding public facility needs per the adopted threshold standards, and identifying financing options for necessary facilities. 93. The owners of each Village shall be responsible for retaining a project manager to coordinate the processing of discretionary permit applications originating from the private sector and submitted to the City of Chula Vista. The project manager shall establish a formal submittal package required of each developer to ensure a high standard of design and to ensure consistency with standards and policies identified in the adopted SPA Plan. The project manager shall have a well-rounded educational background and experience, including but not limited to land use planning and architecture. 94. I f developer desires to do certain work on the property after approval of the tentative map but prior to recordation of the applicable final "B" Map, they may do so by obtaining the required approvals and permits from the City. The permits can be approved or denied by the City in accordance with the City's Municipal Code, regulations and policies. Said permits do not constitute a guarantee that subsequent submittals (i.e., final "B" Map and improvement plans) will be approved. All work performed by the developer prior to approval of the applicable "B" Map shall be at the developers oxvn risk. Prior to permit issuance, the developer shall acknowledge in writing that subsequent submittals (i.e., final "B" Map and improvement plans) may require extensive changes, at developers cost, to work done under such early permit. Prior to the issuance of a permit, the_developer shall post a bond or other security acceptable to the City in an amount determined by the City to guarantee the rehabilitation of the land if the applicable final "B" Map does not record. PHASING 95. If the applicant modifies the SPA One approved phasing plan, the applicant shall submit to the City a revised phasing plan for review and approval prior to approval of the first final "B" Map. The PFFP shall be revised where necessary to reflect the revised phasing plan. 96. If phasing is proposed xvithin 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 any final map. 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 require said 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 Director of Planning and Building may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such a revision. The developer agrees that the City Engineer may change the timing of construction of the public facilities. 3_9 97. The Public Facility Finance Plan or revisions thereto shall be adhered to for the SPA and tentative map with improvements installed in accordance with said plan or as required to meet threshold standards adopted by the City of Chula Vista. The PFFP identifies a facility phasing plan based upon a set of assumptions concerning the location and rate of development within and outside of the project area. Throughout the build-out of SPA One, actual development may differ from the assumptions contained in the PFFP. Neither the PFFP nor any other SPA One document grant the Applicant an entitlement to develop as assumed in the PFFP, or limit the SPA One's facility improvement requirements to those identified in the PFFP. Compliance with the City of Chula Vista threshold standards, based on actual development patterns and updated forecasts in reliance on changing entitlements and market conditions, shall govern SPA One development patterns and the facility improvement requirements to serve such development. In addition, the sequence in which improvements are constructed shall correspond to any future Eastern Chula Vista Transportation Phasing Plan or amendment to the Growth Management Program and Ordinance adopted by the City. The City Engineer may modify the sequence of improvement construction should conditions change to warrant such a revision. The Otay Ranch SPA One PFFP, at the Applicant's expense and subject to a Reimbursement Agreement, shall be updated no later than six (6) months after the approval ofa PFFP for the EastLake III GDP Area, and the conclusions of such update~ including without limitation, the nature, sizing, extent and timing for the construction of public facilities caused by SPA One, shall become a condition for all subsequent SPA One entitlements, including tentative and final maps. Developer agrees that the City Engineer may change the timing of construction of the public facilities CODE REQUIREMENTS 98. Comply with all applicable sections of the Chula Vista Municipal Code. 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. 99. Underground ali utilities within the subdivision in accordance with Municipal Code requirements. 100. Pay the following fees in accordance with the 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. c. Poggi Canyon Sewer Basin DIF as may be adopted by the City in the future. 2O 101. 102. 103, 104. 105. 106. f. Otay Ranch Reserve Fund fee. Pay the amount of said fees in effect at the time of issuance of building permits. 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. Ensure that prospective purchasers sign a "Notice of Special Taxes and Assessments" pursuant to Municipal Code Section 5.46.020 regarding projected taxes and assessments. Submit the disclosure form for approval by the City Engineer prior to Final Map approval. Comply with Council Policy No. 522-02 regarding maintenance of natural channels within open spaces. The applicant shall comply with all aspects of the City of Chula Vista Landscape Manual. All proposed development shall be consistent with the Otay Ranch SPA One Planned Community District Regulations. The Applicant 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 f~:cilities finance plan implementation (19.09.090), and public facilities finance plan amendment procedures (19.09.100). The applicant acknowledges that the City is presently in the process o f amending its Growth Management Ordinance to add a proposed Section 19.09.105, to establish provisions necessary to ensure compliance with adopted threshold standards (particularly traffic) prior to construction of State Route 125. Said provisions will require the demonstration, to the satisfaction of the City Engineer, of sufficient street system capacity to accommodate a proposed development as a prerequisite to final map approval for that development, and the applicant hereby agrees to comply with adopted amendments to the Growth Management Ordinance. I07. Upon submittal of building plans for small lot single family (5,000 square feet or less as defined in the City of Chula Vista Design Manual) residential development, plans shall clearly indicate that 750 square feet of private open space will be provided within the subdivision. GUARDED AREAS 108. The following location as proposed by the applicant is authorized for guarded entrances: Santa Sierra Drive. 21 109. Guarded entrances shall not have physical barriers. Guarded entrances shall be staffed from dusk until dawn, unless the MHOA or the applicant determines it is economically impractical, physical barriers shall be prohibited at the entrances to guarded areas unless specifically approved by City Council. 110. Parks located within guarded areas shall not receive park credit. 111. All streets within guarded areas shall be designated as private. Design of said streets shall meet the City standards for public streets unless otherwise approved by the City Engineer. Private street cross sections shall conform to those shown on the tentative map. 112. All private streets within Final "B" Maps shall be included in separate lots. The applicant shall provide a certificate granting to the City a public utility easement over the entire private street lots on the appropriate Final "B" Map. All private streets shall be owned as an equal and undivided interest by each subsequent property within the subdivision. 113. Guarded entrances shall: a. Require approval by the City Engineer and the Director of Plarming and Building. Provide sufficieut room on the private roadway to queue without interrupting traffic on punic streets. Provide a turn-around. The size and location of said turn-around shall be approved by the City Engineer. Provide a clearly delineated border between public and private streets through the use of distinctive pavements. Provide a dedicated parking space for the gate attendant to be shown on appropriate grading and/or improvement plans, which is to be retained as a parking space for so long as the guarded entrance is retained. f. Be equipped with a video camera to record entering and exiting vehicles. 114. The CC&R's shall prohibit "speed bumps" on private streets. The CC&R's shall also include language which states that any proposal by the HOA to allow "speed bumps" in the future shall require prior written approval of 100% of all the Homeowners Association members. 115. The MHOA shall be responsible for the maintenance and operation of all facilities within the common areas and streets behind the guarded entrance. The facilities to be maintained include, but are not limited to: pavements, sidewalks, street trees, street lights including power supply, street sweeping, private drainage facilities and landscaping of private common 22 areas. The only facilities, which will be maintained by the City are mainline sewers and public concrete drainage facilities (i.e., pipes, inlets, clean-outs and catch basins). I:{~:~l/mgRJClI\~,'l)i~x Ra~ch'l[Nl MAt~\'i~5 S(luti~ I~59 R(t0 Rcxis~'cl I'M Cot~ddoc 23 COUNCIL AGENDA STATEMENT Page 1, Item:~ ~ Meeting Date: 12/17/02 ITEM TITLE: SUBMITTED BY: REVIEWED BY: Resolution 2002-xxxx approving the Master Plan for the proposed Sunbow public neighborhood 'Veterans Park". Director of Recreation -~'-~ lhq,x Director of Building and Park Construction ~ City Manager~?, ,)9~ (4/5ths Vote: Yes __ No ~X ) In September of 2001, City Council approved a contract for Landscape Architectural Services, retaining the firm of Van Dyke LLP to provide a Master Plan for a 1 O-acre public neighborhood park site in the Sunbow subdivision. The following is a summary of the creative design process that has resulted in the final proposed Master Plan for the park site. STAFF RECOMMENDATION: That City Council approve the Master Plan for the 1 O-acre public neighborhood park site in the Sunbow subdivision and approve the Park and Recreation Commission's recommendation for the park name to be "Veterans Park." BOARDS/COMMISSIONS RECOMMENDATION: The Parks and Recreation Commission at their regular meeting held on October 17, 2002 voted, five approved and one opposed, to name the I O-acre public neighborhood park site in the Sunbow subdivision "Veterans Park"; and subsequently at their regular meeting held on November 21, 2002 voted, six approved and one excused absence to recommend approval of the Park Master Plan for the 10-acre public neighborhood park site in the Sunbow subdivision. ENVIRONMENTAL DETERMINATION: The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the proposed project was adequately covered in the adopted Sunbow General Development Plan Final Environmental Impact Report, EIR 88-01 and subsequent Addendum. Thus, no further environmental review or documentation is necessary. DISCUSSION: Back~round The proposed park is located along the north side of East Palomar Drive between Medical Center Court and Davies Drive, within the Sunbow subdivision. The Sunbow subdivision is located north of Olympic Parkway, West of the Otay Ranch, South of Telegraph Canyon Road and East ofi-805. J:~BP©I AD/PR 238 Sunblxv N Park/Al 13pr238SunbwPrk12 17 02.d(c Page 2, Item:.~%~ Meeting Date: 12/17/02 Park Development In 1990, the Chula Vista City Council approved the Specific Planning Area (SPA) for the Sunbow II master planned subdivision creating single family and multi-family homes, retail, commercial and recreational uses, including a 1 O-acre neighborhood park. The SPA identified this park site to be "the Sunbow Activity Center" and a "community focus both visually and functionally." The SPA described the park to be heavily amenitized including a gymnasium, indoor 'Olympic' swimming pool, tennis courts, tot lots and a lake surrounded by a 'village green'. The park was to be a 'turn- key' facility where the Developer constructed the park and then turned it over to the City in satisfaction of the project's parkland obligation. Subsequently, the Parks and Recreation Department conducted a recreational needs analysis for the draft citywide Park Master Plan. The resulting recreational needs were allocated among future park sites anticipated to be built-out at year 2020 ACI Sunbow, LLC purchased the Sunbow 1I project area and the Developer negotiated an agreement with the City in the Fall of 2000 arranging for a cash payment for the project's park obligation, wherein the City would use the monies provided by the Developer for the development of the park. In September of 2001, City Council approved a contract for Landscape Architectural Services and the firm of Van Dyke LLP was retained to provide a Master Plan for this Sunbow park site. The initial program for the park site reflected the recreational needs established by the Park and Recreation Department. The program was then further refined with input from the local community, technical input from City staff} and the consultant Landscape Architect. Community Input A series of community workshops, facilitated by the landscape architectural consultants Van Dyke LLP, were held (March 18, 2002, March 23, 2002, April 6, 2002 and April 20, 2002) to gather community input into the design of the fi~ture neighborhood park and community center. The first workshop informed, educated, and oriented workshop participants about the draft park programming, as well as, provided an opportunity for the residents to voice their ideas, needs, wants, and opinions. The second workshop provided the opportunity for interactive group participation and a discussion on park programming, as well as, the opportunities and constraints the project site offers. The third workshop presented three design concept scenarios developed by Van Dyke LLP, which incorporated the public involvement fi'om the 1st and 2nd workshops. J:/BPC I,ADh°R 238 Sunbow N Park\A I 13pr238SunbwPrk 12 17 02.doc Page 3, Item:_ .D ~ _ Meeting Date: 12/17/02 The workshops were well attended. Enthusiastic local residents commented on the program elements proposed for this park, and gave ideas on the overall design theme for the park and community building. In addition to local residents and interested citizens, local members of the Veterans Association and representatives from the Veterans housing development located adjacent to the Sunbow subdivision were in attendance. Park Design Concepts: Integration Of The Recreation Center With The Park Design Three alternate park layouts were studied with the community center building in different locations. During the site analysis and public workshop process, the southwest comer of the park site was identified as having high quality off-site views, where a large slope elevated the comer of the park site. Additionally, the design team considered the relatively large size and scale of the gymnasium community center building. Therefore, the team's concept was to integrate the community center building into the sloping topography of the southwest end of the site. This building location preserved views away from the park, and left most of the flat park site available for large field sport activities and other uses, such as, a grassed amphitheater area that provides excellent opportunities for park users to enjoy sunsets, fireworks displays, and great views across the City of Chula Vista west'and to the Pacific Ocean beyond. The building's location also brings activity to the dead end cul-de-sac at Davies Drive. The building nestles into the slope but does not turn its back on the park. Views are possible through the front of the building east to the park beyond, making a connection between indoor and outdoor recreation activities Davies Drive And Cul-de-sac Vacation The western boundary of the park is currently Davies Drive and corresponding cul-de-sac. Davies Drive was originally designed into the Sunbow subdivision to allow a second vehicle street access to the residential lot north of the park site. During the design development of the subdivision, the pad elevation of the residential lot and the elevation of Davies Drive changed, such that vehicle access was no longer feasible. Pedestrian access, (still feasible) between Davies Drive cul-de-sac and the residential development was retained as a requirement of the development of the residential lot. As a result, Davies Drive and the cul-de-sac were left with little or no purpose. Subsequently, a minor secondary use has developed and Davies Drive has become an alternative exit from the adjacent shopping center. During the park design process, the potential for this area to have a more useful purpose was expressed and consideration was given to reconfignre the area and incorporate the unused Davies Drive and cul-de-sac into useable park activity area. J:\BPC\LAD~PR 238 Sunbow N Park\Al 13pr238SunbwPrk12_ 17 02.doc Page 4, ltem:. ~.~ ..... Meeting Date: 12/17/02 Davies Drive has been re-designed to accommodate vehicle circulation (including fire and utility access), a drop-offarea for the community center, additional off-street parking, basketball courts for community use, additional plantings, and enough area to allow for the grade change and adjacent meditation garden area. Park Activities Program The proposed Preliminary Park Master Plan for the 10-acre site includes the following program elements: · 16,000 square foot Recreation Center Building · Adult Softball Field (lighted) The softball field to keep active recreation directed away from East Palomar Street. The night-lighted softball field will use state of the art lighting technology to eliminate light overspill to the surrounding homes. Also proposed is a small recreation storage building and scoreboard behind the softball field backstop. · Basketball Courts (two-standard size courts, lighted) · Children's Play Area and Tot Lot The play areas will have equipment suitable for children of varying age groups · Group-use Picnic Shelters, (1) large for six tables and (2) medium for four tables Located throughout the park are both individual and group picnic facilities in a number of different settings · 'Walk of Honor' directing pedestrians to a grass amphitheater and City overlook area · Low-maintenance Landscape Design · Meditation Gardens · Off-leash Dog Area · Parking Lots (24 spaces and 46 spaces supplemented by 74 on-street parking spaces) On-site parking is to be gated to restrict vehicle access after 10:00 p.m · Pedestrian-access Ramps · Picnic Facilities (five with tables and shade structures) · Restroom / Maintenance Facility Building The park includes a restroom and maintenance storage building to reduce park maintenance costs · Small Skateboard And Roller-skate Play Area · Multi-purpose/Soccer Field (lighted) The multipurpose/soccer field is 150 feet by 300 feet, a standard that the Federation Internationale de Football Association (FIFA) approves for soccer play. Access to all areas of the park is compliant with the American Disability Act. J:\BPC\[AD',PR 238 Sunbow N Park\A113pr238SunbwPrk12 17 02.doc Page 5, Item:: ~ Meeting Date: 12/17/02 SPA Conceptual Guidelines Compliance And Deviations Various aspects of the Sunbow SPA conceptual design guidelines are pertinent to the park design. Each aspect was carefully considered and complied with where possible. Where the park's conceptual proposal deviates from the conceptual guidelines proposed in the SPA plan, it is done intentionally in response to circumstances that have changed since the conceptual guidelines in the SPA document were prepared. Planning staff commented that the proportion of active park space to passive park space is different than that envisioned by the SPA plan. The current proposed design does not include the man-made lake described in the SPA concept, but does include passive activity areas, such as, picnic areas and the meditation gardens. The draft citywide Parks Master Plan allocates active recreation activities to this park superceding the previous program developed for the SPA's conceptual park plan. The proposed park plan complies with the SPA plan's vision of the park becoming a community hub. Workshop participants identified Sunbow's current lack of significant community landmarks, and saw the opportunity to create a recognizable public building and park at this site that would become the hub of the community. The SPA's conceptual guidelines recommended a California Spanish building type for this park. Both the design consultants and the workshop participants felt that it would be difficult to create a significant public building image by simply reproducing the subdivision's current California Spanish architectural style. Locating the recreation center building in the southwest comer of the park in order to retain the views above requires a flat roofed building, California Spanish style buildings have pitched roofs. Although the California Spanish architectural style is not proposed, some materials similar to those used in California Spanish buildings will be incorporated into the design Liehtin~ of the Sports Fields Recreation staff has identified the need to have the softball field lighted and the Parks and Recreation Commission has identified the need to also have the multi-purpose/soccer field lighted in an effort to maximize the recreational use of the facilities. The Sunbow SPA identified a concern for lighting overflowing onto the adjacent residential lots. The original project proposed the park and the residential lots to be at similar elevations; however, the current proposal has the residential lots a minimum of 20-feet higher in elevation than the park. The Sunbow SPA required the ambient light level at the park boundary to be at or below 0.5 foot- candles. The park lighting has been designed to meet this requirement. A field lighting plan indicating light tbot-candles and locations has been included and an illumination analysis is a part of this Master Plan. The park concept plan contained in the Sunbow SPA did include sports courts, i.e. basketball and tennis, but did not include athletic fields. The SPA did indicate light poles should be restricted to J:\BPC\LAD\PR 238 Sunbow N Park\Al 13pr238SunbwPrk12~ 17 02.doc Page 6, Item:~ ~ _ Meeting Date: 12/17/02 22' in height. Athletic fields require light poles of 65' in height. It is thought that as the ambient light levels at the park boundary are at or below 0.5 foot-candles the intent of this Park Master Plan is consistent with the intent of the Sunbow SPA. Given the physical relationship of the park site to the surrounding homes, staff does have a concem regarding the response from the adjacent residents to the sports field lighting. The proposal of field lighting was discussed in the public workshops and the response was favorable at that time. However the immediately adjacent homes to the north of the park site, that are part of the Tivoli neighborhood, were not occupied at the time of the public workshops, and are now becoming occupied. It is the intention of City staff, during the design development phase of the park's development, to obtain additional input from the surrounding residents to insure compatibility with the proposal. In the event a strong negative response is received, the sports field lighting may be eliminated in the design development phase. Skate Area Recreation staff has been recently inundated with the request to address the skateboard and rollerblade activities of City residents. With the recent State reclassification of skateboarding as a hazardous sport, the liability perspective has shifted to include the participant in the responsibility for this activity. The City is responding to the request for skateboard parks and is currently working to provide facilities in several locations throughout the City. This park plan provides an area for the use of skateboards at a begi~mer's skill level and complements the proposed skate park to be located at the nearby Boys and Girls Club site. It is anticipated that this facility will provide a proactive solution to the inappropriate use of park furniture by skateboarders and other nuisance skate boarding activities. The skateboard area will be signed to identify basic safety standards including the requirement for users to wear helmets and other appropriate protective gear. Off-leash Dog Area In response to repeated requests from residents, an off-leash area for dogs has been included in this park plan where dog owners may bring their pets and enjoy park activity in a defined area. This area will be fenced off from the park, and internally separated for large dogs and small dogs. Fire and Pofice Fire staff and Police staff have reviewed the plan to insure that issues regarding public health and safety have been addressed. J: BPC\I,AD\PR 238 Sunbow N Park~A113pr238SunbwPrk[2 17 02.doc Page 7, ltem:h_~-~ Meeting Date: 12/17/02 Parking Parking has been provided to accormnodate 144 cars with 70 stalls on-site and 74 stalls on-street directly adjacent to the park site. On-site parking is located on the east end of the park site, offMedical Center Court, and on the west end of the park site within the abandoned Davies Drive. The parking lot entrance is to be gated to restrict vehicle access after 10:00 p.m. Additionally, the park plan proposal includes relocating the existing curb and gutter along East Palomar and providing 38 additional on-street parking stalls. The travel way for East Palomar would remain unchanged from the existing condition. The City of Chula Vista Landscape Manual requires 25 to 50 parking stalls for neighborhood parks and 50 to 80 or more for community parks with no additional specific park activity parking standards. The Sunbow II SPA identifies this as a neighborhood park; however, the Landscape Architecture Division staff and Planning Staff recognize that this park will function more typically at the use level ora community park, and therefore, the plan includes additional parking. Workshop participants clearly voiced the opinion that park activities should not be sacrificed in any trade-off to provide additional parking. Staffresearched other local City parking requirements fur park and recreation facilities and finds the quantity provided in this plan to be consistent with other jurisdictional standards, including the City of San Diego. Park Name Staff has identified three possible names for this park: · 'Veterans Park' · 'Patriots Park', and · 'Heroes Park'. Located in the center of the Sunbow community, this park is anticipated to be a landmark and a gathering place for the entire subdivision. There is already in existence another park called Sunbow Park, so there has been considerable eftbrt to develop an appropriate name for the park that is reflective and inclusive of the Sunbow community. The Sunbow Master Developer has also submitted suggestions for the park's name. The suggested list is an attachment to this Agenda Statement. J:\Bt~C\LAD\PR 238 Sunbow N Park\Al 13pr238SunbwPrk12 17 02xloc Page 8, Item:. ~-~'~: · Meeting Date: 12/17/02 Veterans Park Name Local members of the Veterans Association and representatives from the Veterans housing development located adjacent to the Sunbow subdivision have voiced the preference that this park be named 'Veterans Park.' Veterans in attendance at the public ~vorkshops also repeated this park name preference. The Sunbow subdivision has adopted a program to rename streets located within the subdivision after Chula Vista Veterans killed in combat. On July 11, 2000, the Mayor suggested that an informational kiosk be built on or near to the Veterans Home to explain the history of the Veterans honored by the street naming. There is also an existing memorial to Chula Vista's war veterans in Memorial Park in western Chula Vista. On July 19, 2001 the Parks and Recreation Commission heard a request from the Veterans Advisory Commission to have a Chula Vista park named after the Veterans. The neighborhood park in Sunbow was suggested as suitable due to its proximity to the Veteran's home located in Sunbow. In response, the Parks and Recreation Commission directed staff to commence design proposals for the park that would include some reference to the military and to bring back further developed proposals to the Parks and Recreation Commission for approval. Patriots Park Name A second suggested alternative is that this park be named 'Patriots Park'. This name addresses the desire for the park name to be inclusive in nature, and to broadly reference all military personnel, i.e., currently serving, retired, reserves, as well as acknowledges civilian contributions of Firefighters, Police Officers, Medical Emergency Response teams and members of the Coast Guard. Combined with a remembrance of the September I 1,2001 event, the name 'Patriots Park' serves in conjunction with the existing Memorial Park as a tribute to the self-sacrifice of others for their community and country. Heroes Park Name The third suggested alternative is that the park could be named 'Heroes Park' in reference to the heroic nature of the Veteran's contribution to our culture as well as other heroic contributions from all military personnel, currently serving, retired and those in the reserves. This name also acknowledges heroic civilian contributions of Firefighters, Police Officers, Medical Emergency Response temns, and members of the Coast Guard. Heroes Walk of Honor Themcs honoring the Country's heroes are included in the proposals for the desigl~ of the park. These include a 'Walk of Honor' and quiet meditation gardens. The 'Walk of Honor' forms the main pedestrian acccss through the park to the building, and terminates with a large flagpole. The walk comprises panels of brickwork inscribed with individual memorial text. Panels would be dedicated JgBPC\LAD~PR 238 Sunbow N Park\A113pr238SunbwPrk12 17 02.doc Page 9, Item:. ~ ~ ~ _ Meeting Date: 12/17/02 to all services that provide sacrifice on behalf of the public including veterans, fire services, police, medical, emergency services, and others as an interpretation of the 'heroes' theme. FISCAL IMPACT: The requirements of the City's Parkland Acquisition and Development Ordinance were negotiated with the Sunbow Developer, and defined per the terms of the Sunbow Park Agreement, Attachment D to the Supplemental Subdivision Improvement Agreement for Sunbow II Final Maps Phase 2A and 2B. The Agreement required Ayres Land Company, (Developer,) to provide to the City a total of $6,400,000 to fund park developments. The total park improvements and the recreation center building improvement costs are estimated to be $8,490,000. $3,130,000.00 ofthe Ayres money will be used to fund the park. $5,360,00.00 in Public Facilities Development Impact Fees (PIFDIF) of the Recreation Facilities Component will be used to fund the Recreation Center. Staff has performed a review of the preliminary estimates of probable cost for park construction, and the initial establishment/maintenance period prepared by the design consultant team. Changes to the cost estimates are anticipated as the Park Master Plan evolves into construction drawings, and as actual park construction commences, however staff' is of the opinion that the estimates are an adequate representation of anticipated costs for the improvements proposed. In the event changes are unavoidable, the athletic field lighting fbr one field may be the first reduction, rather than the elimination of any proposed facilities. Staff time required for the review and processing of the park plans will be paid through the City's General Fund. After the initial turf establishment period of one year, future park maintenance costs for the public park will be paid through the City's General Fund. Attaclm~ents: A. B. C. D. E. Parks and Recreation Commission meeting minutes, (10/17/02) Parks and Recreation Commission meeting minutes, (11/21/02) Sunbow park site locator map Park Master Plan, (including construction cost estimate) Letter from Ayres Land Company with suggested park names. Photos of existing park site and surrounds J:\BPC~d.AD\PR 238 Sunbow N ParkSA113pr238SunbwPrk12 17 02.doc City of Chula Vista Parks and Recreation Commission Minutes Attachment A Thursday - 6:00 p.m. Public Works Ctr October 17, 2002 1800 Maxwell Rd Meeting Called to Order by Chair Lauren Weidner at 6:10.m. 1. Roll Call/Motion to Excuse Members Present: Commissioner Salcido, Chair Weidner, Commissioner Rude, Commissioner Perondi, Commissioner Ramos, and Commissioner Strahl Members Absent: None Staff Present: Buck Martin, Director of Recreation Sunny Shy, Assistant Recreation Director Dave Byers, Deputy Director/Public Works Operations Andy Campbell, Director of Building and Parks Construction Mary Hofmockel, Principal Landscape Architect John Krizan, Landscape Architect Patricia Ferman, Landscape Planner Ed Hall, Principal Recreation Manager Brian Cox, Principal Recreation Manager Catherine Burciaga, Office of Budget and Analysis Richard Zumwalt, Planning Department Guests: 2. Approval of Minutes a. August 15, 2002 - MSC (Perondi/Salcido) -Vote - 5-0-0-0 b. September 19, 2002 - MSC (Rude/Salcido) -Vote - 5-0-1-1 (Perondi Abstained) Information Items Presentation by Cathy Burciaga of Budget and Analysis on RecDIF. Function is to decide/determine ways to fund the parks once costs are determined. Slide show presentation and explanation of why increase came about and why it is needed. Ms. Burciaga presented the executive summary. In response to a question from Ms. Weidner, Director Campbell explained that the additional amount is driven by the fact that we've seen an increase in per household occupants. That's why the fees exceed 100% Having no additional comments, the commission thanked staff for their presentation. Parks and Recreation Commission Minutes - October 17, 2002 2 Live Steamers Scott Lewis, representing Live Steamers noted that he had no objection to postponing the railroad expansion until the end of soccer season (January 2003), as long as they would be able to start on the expansion then, with no other delays. Commissioner Strahl asked about the safety of users in the area because of the possibility of errant golf balls. Ms. Weidner referred the question to staff to look at the appropriateness of fencing at the park and report back at the next meeting. The Commission also asked if the horse rink would stay in the new the master plan. Director Campbell noted at this point, it would. MSUC (Rude/Salcido) to accept staff report and recommendations. NeiRhborhood Park at Sunbow Discussion centered naming the park and lighting of the fields. Commission concerned about storage area for soccer equipment and field lighting for soccer area, why were these left out? Staff responded that there would be a pad available for storage; it would not be permanent The environmental section had reviewed the lighting for baseball fields. Staff would need to look at lighting in that (soccer field) section and need to analyze or revisit the EIR. Budgetary reasons also kept them from adding to the amenities. Sunny noted that the baseball fields are usually lighted because a lot of recreation programs use the fields; this brings in revenue for the department. Staff also reminded the commission that an EIR had been done. If they wanted to specifically change lighting, a new EIR may have to be done. Additionally, the area where the soccer field is placed may not be feasible to light, as the field is too close to housing in the area. The Commission expressed concern over the safety of the tiered skate park area and also asked if the park would be fenced. Consultant responded that an expert in the skate rink field, who has helped design skate parks all over the world, designed the park. There would be no fencing around the skate park. In response to a question from the Commission regarding the dog run area security, staff responded that the ama would be double gated, to keep dogs from getting out when another user is coming in. There am plans for two different dog areas; one to accommodate large and one to accommodate small dogs. Discussion turned to naming of the park. Chair Weidner said she was ok with the name "Veterans' Park" Chair Weidner asked if the flagpole would be lit and if them was a veterans theme to the park. Parks and Recreation Commission Minutes - Qctober 17, 2002 3 Sunny responded yes to the flagpole and explained that the "Heroes' Walk" was developed at the request of the veterans. Mr. AY Casillas made two points: Why is the name of the park an issue when most residents at the community meeting expressed their desire to name it Veterans' Park and He does not like the name "Heroes' Walk" It is very subjective and can be ultimately used for anyone considered a "hero", depending on who you speak to. (I.e., a sports nut may want an athlete named in the walk.) It should be an honors walk for those with a background in the community. Mr. Bob White noted that at all community meetings, except the third, the vote was unanimous to name the park Veterans' Park. At the last meeting, the vote was 15 to 1. He finds the word "hero" distasteful and thinks the park should encompass Police, Fire and Military personnel. Messer's. Dan Murray, Bobby Price, and Steve Miliken voiced their support of the name Veterans' Park; it goes along with the footprint of the area. Mr. Walter Smith, a resident of the Veterans' Home, suggested the walk be called the "Walk of Honor" Commissioner Strahl: Likes the name Veterans' Park Commissioner Rude: Concurs Commissioner Ramos: soccer field. Concurs. Also noted that AYSO can help with funding on lights at Chair Weidner: Asked how many lit softball fields there were v soccer fields. Hall responded there are 7 lit softball fields with 3 overlays for soccer. There are no dedicated lit soccer fields. Chair Weidner noted she also supports name of Veterans' Park. Stated that in fairness to the developer she was reading the list of proposed names for the park submitted by Sunbow. Chair Weidner noted that the names submitted had nothing to do with the community and all had "Sunbow" in them; personally, she found this insulting. She also suggested including the Coast Guard as part of those who would be honored. Then again, voiced her concern about more lit softball fields. She would like the soccer field lit. Commissioner Perondi: Said it was a great design; he was also concerned about lighting. Commissioner Salcido: Suggested "Patriots Park". Said he won't approve anything without lighting of fields and adequate storage facilities for the soccer area. Ms. Hofmockel (Principal Landscape Architect) noted motion approved only if field is lit, staff has to do research and may have to come back in November. As far as funding for lights, the commission would have to select something to remove from the park. Responded to questions Parks and Recreation Commission Minutes - October 17, 2002 4 that the standard cost to install lights on a basketball court would be about $70,000, the cost of lighting a softball field is about $150K; a multi-use would be around $100K Commissioner Salcido: Commissioner Rude: Commissioner Ramos: Would not support without lighted multi-use field Supports additional lighting Considers lighting for soccer important, possibly switch the lighting from the baseball field to the soccer field. Commissioner Perondi: OK with switching lighting, supports 1 field being lit Commissioner Strahl: Will not support without lighting Chair Weidner: Commission needs more information and options so they can get it (the plan) right the first time. She asked staff to look into the possibility that the EIR would be violated and if not, what would they have to give up in the plans to get the field lit? Mr. Richard Zumwalt (Planning Department) Noted the EIR would have to be amended and explained the process. MSC (Salcido/Rude) to name the park Veterans' Park (5-0-1 Strahl opposed) Mr. White asked for a clarification of the motion. Weidner stated the "walk" would be designated as the '~/alk of Honor". The motion that just passed was to name the park exclusively. Mr. White asked if they (veteran representatives) should come back to the subsequent meetings. MSC (Salcido/Rude) to designate the "Walk of Honor" to include the five branches of the service, and Police and Fire Personnel) AY Casillas, thanked Commission, pointed out that other agencies can honor other "heroes", it was wise decision to limit the walk to those branches named. Appointment of Francisco Rios to Commission. Mr. Rios stated he would take the oath of office at the October 22 Council meeting. COMMISSION COMMENTS Commissioner Strahl asked about the status of security lighting at the golf course. He also asked for copies of the inspections and the report by Jim Allen. Mr. Byers (Pubfic Works Operations) stated that the report was not available to the public yet as it was being used in negotiations. As soon as it was released, he would make it available to the commission. Commissioner Strahl also asked when the Rohr Master Plan would be done and requested a copy of the current Master Plan. Parks and Recreation Commission Minutes - October 17, 2002 5 Chair Weidner asked about Jerry Foncerrada and Sunny Shy's retirement. What was going to be done? What had commissions done in the past? She would like the commission to recognize him with a plaque or resolution. Adjournment at 9:15 p.m. to the scheduled meeting of November 21, 2002 at 6:30 p.m. in the Mercy Building Conference Room. Submitted by: Alice Kemp, Administrative Secretary Public Works Operations Attachment B City of Chula Vista Parks and Recreation Commission Minutes Thursday - 6:30 p.m. Mercy Building November 21, 2002 430 F Street CV Meeting Called to Order by Vice-Chair Larry Perondi at 6:30 p.m. 1. Roll Call/Motion to Excuse Members Present: Commissioner Salcido, Commissioner Rude, Commissioner Strahl, Commissioner Ramos, Commissioner Perondi, Commissioner Rios Members Absent: Chair Weidner MSC (Strahl/Rude) 6-0-0-0 excuse Chair Weidner Staff Present: Buck Martin, Director of Recreation Dave Byers, Deputy Director/Public Works Operations Brian Cox, Principal Recreation Manager Ted Nelson, Recreation Supervisor Ill Mary Hofmockel, Principal Landscape Architect John IErizan, Landscape Architect Jack Griffin, Assistant Director of Building and Park Construction Others Present: Brian Russo, Chula Vista Girls Fast Pitch Softball Charles Gordon, EastLake/Bonita Pop Warner Tim Jackwelezki, Van Dyke and Associates On behalf of Chair Weidner, Mr. Martin (Director of Recreation) introduced Commissioner Francisco Rios. Commissioner Rios talked about his educational background, and stated that he was happy to be part of the Parks and Recreation Commission. 2. Minutes Approval of Minutes of October 17, 2002 - MSC (Rude/Salcido) Approve the minutes of October 17, 2002 Vote: 6-0-0-1 (Weidner absent) with the following corrections: Commissioner Strahl: Correction on Page 3 - Naming of the Park -"Patriot's Park" and not "Veteran's Park". Commissioner Salcido: Naming of the Park - Is in favor of "Veteran's Park". b. Update - Preliminary Park Master Plan Neighborhood Park in Sunbow Mr. Krizan (Landscape Architect) talked about the Neighborhood Park in Sunbow and provided an update that reflected the Commission's comments pertaining to the park. Mr. Krizan stated that the Draft Master Plan reflects: addition of a concrete storage pad changed "Hero's Walk" to "Walk of Honor" showing lighting on multi-purpose field. Mr. Krizan discussed lighting of the sports fields and talked about the public workshops held previously. In addition, Mr. Krizan indicated that the response received from the public regarding lighting was favorable. However, the adjacent homes immediately to the north of the park site were not occupied at the time of the public workshops. It is the intent of City staff to obtain additional input form the surrounding residents to insure Parks and Recreation Commission Minutes - November 21, 2002 2 compatibility with the proposal. Staff will inform City Council of this input in the event a design response is appropriate. Vice-Chair Perondi commended staff for taking info consideration commission comments and integrating those changes. He also stated that this is a great looking design, and believes this park will be a great addition to the community. MSC (Salcido/Rios) Vote: 6-0-0-1 (Chair Weidner absent) to approve and recommend the proposed Draft Park Master Plan for the neighborhood park in Sunbow to the City Council for their approval 3. Information Items - a. Golf Course Repods - Mr. Byers (Deputy Director of Public Works Operation) stated that as a result of Mr. Jerry Foncerrada {Deputy Director of Parks) retiring from the City after 38 years of employment, Mr. Larry Eliason, Senior Parks Supervisor would be Acting Deputy Director of Parks. In addition, Mr. Tom Class, Park Supervisor, will be acting Senior Parks Supervisor. Mr. Class (because of his golfing expertise) will be conducting the monthly golf-course inspections, in addition, Mr. Byers stated that Mr. Class is aware of the importance of conducting the monthly golf-course inspections. Mr. Byers stated that his office would continue to work with the City Attorney's Office regarding correspondence that references the inspections. Mr. Byers stated that the security lighting is still incomplete, and that he would meet with the City Attorney's office regarding this issue. In addition, the Golf Course Evaluatian Forms will be presented to the Men's and Women's Club of the golf course per direction received from Commissioner Strahl. Commissioner Strahl stated that he is pleased that that Mr. Class has been given this responsibility and opportunity. He has been in a leadership position with the Chula Vista Men's Golf Club previously. b. Electric Vehicles Acceptance - Mr. Martin (Director of Recreation) stated that in August 2002, Ms. Shy {Assistant Recreation Director) submitted a proposal with the United States Department of Interiar for electric utility vehicles. The Department was notified of approval of the request, and was awarded three utility vehicles. The vehicles will be utilized at Loma Verde Center, Parkway Complex, and Heritage Park Center. Vice-Chair Perondi stated that Ms. Shy should be commended for her efforts. Unfinished Business - None New Business - None Wrilten Communication - None 7. Commission Comments - Commissioner Strahl requested at the October 2002 Commission meeting a copy of the current approved Rohr Park Master Plan, Asked about status of request. In addition, Commissioner Strahl stated that he is going to be out of-town for lhe next commission meeting in December. Commissioner Rude wanted to thank Recreation Supervisor II, Rosemary Brodbeck for her assistance with the Veteran's Walk. Commissioner Salcido thanked staff for efforts with work on the neighborhood park in Sunbow. In addition, he notified the Commission of the next Youth Sports Council Meeting on 12/12 at 6:00 p.m. at the Parkway Center. They will be discussing field allocation. Commissioner Salcido also asked if it was possible to develop the neighborhood park at Sunbow in two stages, primarily the fields because of the shortage of fields. Parks and Recreation Commission Minutes - November 21,2002 3 Ms. Hofmockel (Principal Landscape Architect) responded that it would not be feasible to develop the park in two stages because of liability. Commissioner Rios stated that he is excited about being part of this Commission, and stated that the October meeting was interesting and informative. Commissioner Ramos thanked staff for implementing revisions to the neighborhood park at Sunbow Master Plan. Also requested an update regarding the dedication plaque at Heritage Park Center, Mr. Martin responded that per the developer, the plaque should be ready in another 6 - 8 weeks. Commissioner Ramos inquired about the Otay Park Master Plan, and asked about the Bar-B-Que's, and resfroom renovation. Mr. Griffin (Assistant Director of Building and Park Construction) responded that the City was not awarded the Murray-Hayden grant that would have renovated Otay Park. His office is presently looking at other options for renovating the park. Vice-Chair Perondi inquired about the time-line for the neighborhood park at Sunbow. Ms. Hofmockel (Principal Landscape Architect) responded that the park is scheduled to be open to the public in 2005, with construction beginning in 2004. 8. Staff Comments - Mr. Martin (Director of Recreation) introduced Mr. Brian Russo of Chula Vista Girls Fast Pitch Softball, and Mr. Charles Gordon, President of EastLake/Bonita Pop Warner. They are both members of the Youth Sports Council, and both stated that they were present at tonight's meeting as observers only. Mr. Nelson (Recreation Supervisor III) talked about a new training program lhat the Recreation Department is involved in. Positive Coaching Alliance is an organization from Stanford University. This program teaches parents what fo expect out of an athletic program. There have been tour trainings with almost 700 in attendance. Mr. Martin (Recreation Director) talked about the Skate Board Park at the Boys and Girls Club. Memorandum of Understanding is nearly complete, and ready for Council approval. Awarding of contract for construction will be presented fo the City Council on January 7, 2003. Mr. Byers (Deputy Director of Public Works Operations) stated that Mr. Foncerrada would be receiving a proclamation at the December 10, 2002 Council Meeting congratulating and thanking him for 38 years of dedicated service. Mr. Byers talked about Mr. Foncerrada's employment background and tremendous positive impact on lhe Parks and Recreation activity. Everyone is going to miss him very much. In addition, Mr. Byers stated that there would be a statewide recruitment for that position. Mr. Griffin (Assistant Recreation Director of Building and Park Construction) talked about his position with Building and Park Construction Department. 11. Other - None Adjournment at 7:15 p.m. to the scheduled meeting of December 19, 2002 at 6:30 p.m. at the Mercy Building. 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" , o " Ë > -, -- t o · ~ L._ · o · Ii o t U .. u. ~ ~ ~Æ ,- £ cË E " Æ[ " , · ·0 w 0' 0, *.2 ~f ~~ ot ª § -;'8 ~~ ¡¡¡8 ~~ ,. :::-g > . ; 8 - > > - - ¡¡ ¡ ¡¡ ¡ " · · ¡; > ~ t , · , , t .. , I ~ , , ~ ~ , , u --'- " ~ ~ " ¡ ~ ~ . '5 f!~ ~¿ -, ß ~ ~~ 00 31: ",:5! " :£¡,g 1: ; ,,9- " . !,[ ~:.:- 0' o. iî ,. :2 ~" ~ -~- ~ ~ , . - E ~;<: it t' co ~ " , , , ü 0 ¡ . , g ~ 1 ! ¡ , , £ ~ ~ 1 0 ! , . , ~ < ~ - - Attachment E AYRES Land Company October 1 I, 2002 VIA FAX 6]9/409-5859 Mr. John Krizan CITY OF CHULA V1ST A 276 Fourth Avenue Chula Vista, CA 91910 RE: SUN BOW PARK Dear John: We have discussed the naming of the community park within the Sunbow community with our builders, and they feel strongly that the name should relate to the theme of the community. They also feel strongly that they (as a group) should have primary say in the naming, since it was (indirectly) their money which made this park possible, With this in mind. the Sunbow community and its residents request! one of the following names be se Jected: Sunbow Community Park The Park at Sunbow Sunbow Park Sun bow Fields Sunbow Downs Sun Park Sun Field, Sky Park The Park in the Sky We appreciate your cooperation in this matter. Sincerely, A YRES LAND COMPANY, INC. AS MANAGER FOR ACI SUNBOW, LLC U~~~h William R, Hamlin Executive Vice President WRHlj Il1ó.wrlt cc: Keith Horne Gale Tobin 7~1I H SIn'd. Suì1l' 2370 San I>iegll. CA (j2JOI 1(,19) :\44·'}IOO IhJ'J)~·IJ6.4(.F,\X 23-511 Attachment F ] 2/1 0/02 LOOKING NORTHWEST NEIGHBORHOOD PARK AT SUNBOW-FINAL MASTER PLAN LOOKING NORTHEAST NEIGHBORHOOD PARK AT SUNBOW-FINAL MASTER PLAN LOOKING NORTH NEIGHBORHOOD PARK AT SUNBOW-FINAL MASTER PLAN 11/14/02 l§ingle-family residential i -""."'-:-;':_,- ~':- - -~- -.- - ' '>1· ·south side of E. Palomar Street l LOOKING SOUTHEAST NEIGHBORHOOD PARK AT SUN Bow-FINAL MASTER PLAN 11/14/02 Single-family residences South of E. Palomar Street NORTHWEST CORNER-LOOKING SOUTH NEIGHBORHOOD PARK AT SUNBOW-FINAL MASTER PLAN 11114/02 RESOLUTION NO. 2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE MASTER PLAN FOR THE PROPOSED SUNBOW PUBLIC NEIGHBORHOOD "VETERANS PARK", WHEREAS, in September of 2001, City Council approved a contract for Landscape Architectural Services, retaining the firm of Van Dyke LLP to provide a Master Plan for a 10-acre public neighborhood park site in the Sunbow subdivision; and WHEREAS, on October 17,2002, the Parks and Recreation Commission voted to name the lO-acre public neighborhood park "Veterans Park"; WHEREAS, City Council approved the Master Plan for the 10-acre public neighborhood park site in the Sunbow subdivision and approved the Park and Recreation Commission's recommendation for the park name to be "Veterans Park"; and WHEREAS, the Environmental Review Coordinator has determined that the proposed project was adequately covered in the adopted Sunbow General Development Plan Final Environmental Impact Report, EIR 88-01 and subsequent Addendum; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the Master Plan for the 10-acre neighborhood park located in the Sunbow subdivision; and BE IT FURTHER RESOLVED that the name of the park is "Veterans Park". Presented by Approved as to form by Andy Campbell Director of Parks and Recreation ,._, l/\..... )1 tl9~( /t~ John M. Kaheny City Attorney J:\Attorncy\RESO\Park Master Plan Sunbow.doc 2, ?r {f; 0 T\FN.. ;:) S OFFICE OF THE MAYOR Stephen C. Padilla December 11, 2002 Mr. Stephen Cushman, Chainnan Board of Port Commissioners San Diego Unified Port District P. O. Box 120488 San Diego, California 92112 Re: Reappointment of Comtssioner William Hall DearCh~~6 This letter is to advise you that it is my intention to recommend the reappointment of Commissioner William Hall as Chula Vista's representative to the Board of Port Commissioners during the December 17th City Council meeting. Mr. Hall has a high degree of support from members of the City Council and I anticipate a quick and unanimous vote for his reappointment. I hope this letter will be of assistance to you and the Board with regard to the internal selection of presiding officers. 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M ~ [liJŒ[liJ[[Jë~~nCilmember Patty Davis To ~œ.J..- Date /117/o~ f? /y"- . q:~ 5 ::> Ì71~ ~ IJ Á--v,.f ~ /1~ /Yl~Gt.-- þ~ ~ mo,: . ~ ~~ ~~þ- f)L- ~, 5 -(e5 -~ " ¿t-.:;) GøJf~ ~ ~ uJ ~ OJ ~ [ 1 tj fJ Þ C h ('0 J: J> (It ('r, "'\ ,.- ~ VJ \/ ~ ~ - I \J 1 --- V\ rv f 0 V {J\ ¡ In . \ J C "\ -\ ~ - - - 4 (1) ~ c lA r ~¡ c c w ¿, :z ....-... ~, ~ - j 11 I:J !A ~ tJJ 1;\ "- Î11 f!\ L ~ ('n rn (n ó'" -z ~ rJ ~\ - ( {iJ c T ~ 0--. ( P ::h W 1 t ~ ì! f IN - V\ ~, ~t rv ~ ~ - r ] ~ lA / ~ .3 tJ ........ (\ - w-;: -~ t1 rT¡ 1\7 ('r¡ ~ .{/\ r- I fJ"\:-!ì ~ ,~ ('r1 l -J I I LA ~ "" r& l~ V\ ~ tJj V\ ~\ -L r c ~ [ ~\ ~ =\ » .-- -' !f\ (\ () ~\ ~ ¿R ~ ~ fJ 6 () L ('r. J ~,~ \;\ (Yì t; :þ ~] ~I () i ~, w~ - ~ (:::) (\ z 1 () .' .~ c . rJJ j> ::r 0 ( Z v ~ ~ ~ f)\ l ,..... 11 ~ rn (\ ;¡ ¿, ,-{) ,i --û tJ ·v (\ .-. 8~ 'Ç r- y~ J, "t ~ v . ¡¡ ~ 0 --. ~ z v .{j? \..' {J\ PROPOSED COUNCIL ASSIGNMENTS MA YOR PADILLA SANDAG Delegate ARJIS Veterans Support Foundation Metropolitan Wastewater Otay Valley Regional Park Policy Committee League Executive Committee DEPUTY MA YOR RINDONE MTDB *SANDAG Transportation SANDAG Alternate #2 ICLEI Alternate UCCV Task Force League Executive Committee Alternate COUNCILMEMBER DA VIS « LAFCO SANDAG Housing Task Force SANDAG Alternate #1 MTDB Alternate SCEDC Alternate COUNCILMEMBER McCANN SCEDC lAW Task Force {Ml-Q-"*J Otay Valley Regional Park Policy Committee Alternate ICLEI Alternate COUNCILMEMBER SALAS *REPAC/REIS ICLEI···· lAW Task Force UCCV Task Force Alternate 'SANDAG Board Appointment