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Agenda Packet 2003/01/21
CITY COUNCIL AGENDA January 21, 2003 5:00 p.m. Council Chambers Public Services Building 276 Fourth Avenue, Chula Vista CHY OF CHULA VISTA City Council City Manager Patty Davis David D. Rowlands, Jr. John McCann City Attorney Jerry R. Rindone John M. Kaheny Mary Salas City Clerk Stephen C. Padilla, Mayor Susan Bigelow The City Council meets regularly on the first calendar Tuesday at 4:00 p.m. and on the second, third and fourth calendar Tuesdays at 6:00 p.m. Regular meetings may be viewed at 7:00 p.m. on Wednesdays on Cox Cable Channel 24 or Chula Vista Cable Channel 68 ,cG,aru Uiider penalty of perjury that I am ùmployed by the City of Chula Vista in the Office of the City Clerk and that I posted this document on the bulletin board according to BrILwn Act reqyir menta. ~ 13 ADJOURNED REGULAR MEETING OFT , CHULA VISTA CITY <[fE)NaoCIL t 3 Signed ~ AGENDA January 21, 2003 5:00 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 . OATH OF OFFICE: Dr. Floyd L. Wergeland, Jr. - Nature Center Board of Trustees . RECOGNITION BY COUNCILMEMBER SALAS OF THE CHULA VISTA AZTECS FOOTBALL TEAM - PEE-WEE DIVISION, FOR BECOMING THE PACIFIC REGION CHAMPIONS - THE TEAM WILL BE INTRODUCED BY THEIR COACH, MARK STRICKLAND CONSENT CALENDAR (Items I tbrough 9) 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. I. APPROVAL OF MINUTES ofJanuary 14, 2003. Staff recommendation: Council approve the minutes. 2. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND ACI SUNBOW, LLC FOR INDUSTRIAL PARK LAND WITHIN THE SUNBOW DEVELOPMENT (SECOND READING & ADOPTION) Adoption of the ordinance approves a development agreement for the 64.7-acre Sunbow industrial park, located south of Olympic Parkway, in order to allow the developers to vest their entitlements. (Director of Planning and Building) Staff recommendation: Council adopt the ordinance. 3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND' AWARDING CONTRACT FOR PAVEMENT RENOVATION PROJECTS ON VARIOUS CITY PARK PARKlNG LOTS AND WALKWAYS (PROJECTSPR-235 AND PR-236) AND UNAPPROPRIATING $50,000 IN GAS TAX FUNDS FROM THE PROJECT ACCOUNT (4/5THS VOTE REQUIRED) On December 11, 2002, sealed bids for the projects were received. The work consists of pavement rehabilitation using either asphalt concrete or rubberized emulsion aggregate slurry seal on various City park parking lots and walkways. Adoption of the resolution awards the contract to J.D. Paving, Inc. in the amount of$199,571.68 and unappropriates $50,000 in gas tax funds from the project account. (Director of Engineering) Staff recommendation: Council adopt the resolution. 4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING THE CITY'S INTENTION TO UNDERGROUND OVERHEAD UTILITIES ALONG J STREET FROM BROADWAY TO HILLTOP DRIVE AND SETTING A PUBLIC HEARING FOR THE FORMATION OF UTILITY UNDERGROUND DISTRICT NUMBER 137 FOR FEBRUARY 18, 2003, AT 6:00 P.M. On November 12,1991, the Council adopted Resolution No. 16415, accepting a report on the City's utility undergrounding conversion program and approving a revised list of utility underground conversion projects. On November 15, 2002, the Underground Utility Advisory Committee met at the site to determine the proposed boundary of an underground utility district for the conversion of existing overhead utilities. The district's limits extend along J Street from Broadway to Hilltop Drive. (Director of Engineering) Staffrecommendation: Council adopt the resolution. 5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING A WATER UTILITY EASEMENT TO THE OTAY WATER DISTRICT ACROSS CITY-OWNED PROPERTY LOCATED NORTH OF OTAY LAKES ROAD AND EAST OF SAINT CLAIRE DRIVE AND AUTHORIZING THE MAYOR TO EXECUTE THE EASEMENT On September 5, 2002, the Otay Water District submitted a request for a permanent easement over City-owned property for the construction and maintenance of a pressure- reducing vault to reduce the pressure of recycled water coming from the Otay Water District storage ponds. The easement is for the installation, operation, maintenance, replacement and repair of the pressure reducing station and associated facilities, together with the right of ingress and egress thereto over said easement. (Director of Engineering) Staffrecommendation: Council adopt the resolution. 01/21/03 Page 2 - Council Agenda 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL. YEAR 2003 BUDGET BY APPROPRIATING UNANTICIPATED EVEN START GRANT AUGMENTATION FUNDS IN THE AMOUNT OF $53,299 TO THE LIBRARY DEPARTMENT BUDGET FOR EXPENDITURES ASSOCIATED WITH THE CHULA VISTA LITERACY TEAM'S EVEN START FAMILY LITERACY GRANT (4/5THS VOTE REQUIRED) The California Department of Education has advised that the Library's fourth-year Even Start grant in the amount of $166,667 has been augmented by $53,299. The funds, therefore, must be appropriated. (Deputy City Manager) Staff recommendation: Council adopt the resolution. 7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE CREATION OF A COMMUNITY RELATIONS MANAGER CLASSIFICATION IN THE UNCLASSIFIED SERVICE, SENIOR MANAGEMENT GROUP, AND AMENDING THE LIBRARY'S FISCAL YEAR 2003 BUDGET BY ADDING A COMMUNITY RELATIONS MANAGER POSITION AND DELETING AN ADMINISTRATIVE SERVICES MANAGER POSITION (4/5THS VOTE REQUIRED) The promotion of the Library's Administrative Services Manager to Assistant Recreation Director presents an opportunity to redesign the vacant position into a new Community Relations Manager classification to coordinate marketing and public relations for the Library, Recreation, Nature Center and Cultural Arts. (Deputy City Manager) Staff recommendation: Council adopt the resolution. 8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2002/2003 CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET BY CREATING A NEW CIP FOR THE PREPARATION OF STRUCTURAL AND ARCHITECTURAL FEASIBILITY EVALUATIONS REGARDING THE RENOVATION OF ROHR MANOR AND TRANSFERRING $26,795 FROM THE EXISTING NORMAN PARK RESTROOM CIP TO THE NEWLY CREATED CIP FOR THE ROHR MANOR ARCHITECTURAL EVALUATIONS (4/5THS VOTE REQUIRED) The condition ofRobr Manor, located in Robr Park, has deteriorated in recent years. The building is quite old, and its physical condition needs to be addressed. Given its age and state of disrepair, it is prudent for the City to perform an architectural review of the building, including an analysis of the building's current condition, before making any decisions regarding its future. (Director of Building and Parks Construction) Staff recommendation: Council adopt the resolution. 9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND CASTLE PARK MIDDLE SCHOOL FOR THE PROVISION OF EXTENDED AFTER-SCHOOL PROGRAM HOURS, AMENDING THE FISCAL YEAR 2003 RECREATION DEPARTMENT BUDGET BY APPROPRIATING $3,787 IN UNANTICIPATED REVENUE, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT (4/5THS VOTE REQUIRED) Page 3 - Council Agenda 01/21/03 Castle Park Middle School was awarded a state grant for the provision of additional after- school programming hours. The school has asked the Recreation Department to provide these services for $3,787 via a memorandum of understanding. These hours are in addition to the existing after-school hours provided by the department to the school. (Director of Recreation) 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. ACTION ITEMS The items listed in this section of the agenda will be considered individually by the Council, and are expected to elicit discussion and deliberation. If you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 10. CONSIDERATION OF ACCEPTANCE OF A REPORT REGARDING THE CONSTRUCTION OF THE NEW POLICE FACILITY On November 20, 2001, the Council approved an agreement with Highland Partnership for services required to design and construct the new police facility and related improvements. Demolition of the existing buildings located on the police facility site began in January 2002. Staff, the City consultant, and Highland Partnership will present a status report on the construction and fiscal progress to date. (Director of Building and Park Construction) Staff recommendation: Council accept the report. 11. CONSIDERATION OF ACCEPTING BIDS AND AWARDING CONTRACT FOR THE SKATE PARK AT GREG ROGERS PARK TO K.S. STRATTON CONSTRUCTION COMPANY OF CALIFORNIA, IN THE AMOUNT OF $1,399,000 (PROJECT NO. PR-239) On December 12, 2002, sealed bids were received for this project. The scope of work includes the demolition of the existing site behind the Boys and Girls Club, and the skate park will consist of various skateboard features such as bowls, ramps, stairs, pyramids, roll-over rails and other obstacles. Within the site, there will be an office, restroom, benches, and two sets of tbree-stack bleachers with shade structures. The facility will also have a security system with a security fence around its perimeter. (Director of Building and Park Construction) Staff recommendation: Council adopt the following resolution: Page 4 - Council Agenda 01/21/03 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR THE SKATE PARK AT GREG ROGERS PARK (PROJECT NO. PR-239) TO K.S. STRATTON CONSTRUCTION COMPANY OF CALIFORNIA, IN THE AMOUNT OF $1,399,000, AND APPROPRIATING $212,500 OF PREVIOUSLY APPROPRIATED CDBG FUNDS FROM THE BOYS AND GIRLS CLUB OF CHULA VISTA TO THE PROJECT (4/5THS VOTE REQUIRED) 12. CONSIDERATION OF ADOPTION OF RESOLUTIONS 1) APPROVING AN AMENDMENT OF THE GREG ROGERS PARK LEASE BETWEEN THE CITY AND THE BOYS AND GIRLS CLUB OF CHULA VISTA AND 2) APPROVING AN AGREEMENT BETWEEN THE CITY AND THE BOYS AND GIRLS CLUB FOR THE LEASE AND OPERATION OF A SKATE PARK AT GREG ROGERS PARK The need for a safe and secure skate venue in the City has been recognized for a number of years. The 1992 City-wide Youth Summit and public meetings for the Parks and Recreation Master Plan disclosed community sentiment for a skate facility. As part of Council's direction to move forward in providing a skate facility, the Recreation Department entered into negotiations with Boys and Girls Club of Chula Vista for operation of the Skate Park at Greg Rogers Park. (Director of Recreation) Staff recommendation: Council adopt the following resolutions: A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE SEPTEMBER 5,1978 LEASE OF CERTAIN PROPERTY IN GREG ROGERS PARK BETWEEN THE CITY OF CHULA VISTA AND THE BOYS AND GIRLS CLUB OF CHULA VISTA B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND BOYS AND GIRLS CLUB OF CHULA VISTA FOR THE LEASE AND OPERATION OF A SKATE PARK AT GREG ROGERS PARK 13. CONSIDERATION OF APPROVAL OF THE MASTER PLAN FOR THE PROPOSED PUBLIC COMMUNITY PARK IN ROLLING HILLS RANCH "MONTEVALLE PARK" Adoption of the resolution approves a master plan for the development of the public community park in Rolling Hills Ranch, which includes a 21,000 square-foot recreation center and also approves the name of the park. (Director of Building and Park Construction) Staff recommendation: Council adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE MASTER PLAN FOR THE PROPOSED PUBLIC COMMUNITY PARKIN ROLLING HILLS RANCH "MONTEV ALLE PARK" Page 5 - Council Agenda 01/21/03 ITEMS PULLED FROM THE CONSENT CALENDAR OTHER BUSINESS 14. CITY MANAGER'S REPORTS A. Scheduling of meetings. B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA URGING THE CALIFORNIA LEGISLATURE TO HONOR THE 1998 COMMITMENT TO REINSTATE THE VEHICLE LICENSE FEES City Manager's recommendation: Council adopt the resolution. 15. MAYOR'S REPORTS A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING TERMS AND CONDITIONS FOR THE EMPLOYMENT OF ANN Y. MOORE AS CITY ATTORNEY Mayor's Recommendation: Council adopt the resolution. B. CONSIDERATION OF APPOINTMENT TO THE SANDAG BAYSHORE BIKEWAY COMMITTEE 16. COUNCIL COMMENTS 6:00 P.M. 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. 17. CONSIDERATION OF USE OF FISCAL YEAR 2002/2003 COPS FUNDING PER THE CITIZENS OPTION FOR PUBLIC SAFETY FOR LOCAL LAW ENFORCEMENT SERVICES State money is allocated to the Police Department for purposes stipulated by the Citizens Option for Public Safety (COPS) Program. The Police Department received $379,186 tbrough State COPS for Local Law Enforcement funding. The Police Department proposes to use the funds to meet operational Department equipment needs, as well as for the local cash match requirement for the Local Law Enforcement Block Grant. (Chief of Police) Page 6 - Council Agenda 01/21/03 Staff recommendation: Council adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $379,186 FROM STATE COPS FOR LOCAL LAW ENFORCEMENT AND AMENDING THE FISCAL YEAR 2002/2003 BUDGET TO APPROPRIATE $23,590 FOR THE LOCAL LAW ENFORCEMENT BLOCK GRANT (LLEBG) LOCAL MATCH AND $32,806 TO MEET THE OFFICE OF TRAFFIC SAFETY GRANT LOCAL MATCH REQUIREMENT AND AUTHORIZING STAFF TO DESIGNATE THE REMAINING FUNDS OF $322,790 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 (4/5THS VOTE REQUIRED) 18. CONSIDERATION OF PROPOSED ADDITIONS TO CHAPTER 10.30 OF THE MUNICIPAL CODE TO PROHIBIT SPECTATORS FROM GATHERING AT ILLEGAL STREET CONTESTS OR EXHIBITIONS OF SPEED Adoption of the ordinance makes it illegal for a spectator to gather at locations where street racing is prevalent and gives law enforcement personnel an effective tool to address this illegal activity. (Chief of Police) Staff recommendation: Council place the following ordinance on first reading: ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADDING CHAPTER 10.30, SECTIONS 10.30.010 THROUGH 10.30.050 TO THE CHULA VISTA MUNICIPAL CODE RELATED TO SPECTATORS PROHIBITED AT ILLEGAL STREET CONTESTS OF EXHIBITIONS OF SPEED 19. CONSIDERATION OF ADDING CHAPTER 19.89 TO THE MUNICIPAL CODE RELATING TO THE LOCATION, DESIGN AND CONSTRUCTION OF WIRELESS TELECOMMUNICATIONS FACILITIES Pursuant to the goals, objectives and policies of the General Plan, the proposed wireless communications facilities ordinance is intended to regulate the location, design and construction of such facilities in order to serve, protect and promote the public health, safety and welfare, and to preserve and enhance the aesthetic qualities of the City. Future wireless telecommunications facilities proposed under the ordinance will require environmental review to assure compliance with the California Environmental Quality Act. (Director of Planning & Building) Staff recommendation: Council place the following ordinance on first reading: ORDINANCE OF THE CITY COUNCIL AMENDING THE CHULA VISTA MUNICIPAL CODE BY ADDING CHAPTER 19.89 RELATING TO THE LOCATION AND CONSTRUCTION OF WIRELESS TELE- COMMUNICATIONS FACILITIES Page 7 - Council Agenda 01/21/03 20. CONSIDERATION OF ADOPTION OF AN URGENCY ORDINANCE MODIFYING THE EXISTING OTAY RANCH PEDESTRIAN BRIDGE DEVELOPMENT IMPACT FEE AND AREA OF BENEFIT On December 17, 2002, the Council adopted Ordinance No. 2892 and Urgency Ordinance No. 2892-A, modifying the Otay Ranch Village 1 and 5 Pedestrian Bridge Development Impact Fee and expanding the area of benefit of the program. The proposed urgency ordinance enables the City to continue to collect the fee during the 60- day waiting period before the regular ordinance becomes effective. (Director of Engineering) Staff recommendation: Council adopt the following urgency ordinance: URGENCY ORDINANCE NO. 2892-B, AN URGENCY ORDINANCE OF THE CITY COUNCIL 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 CLOSED SESSION Announcements of actions taken in Closed Session shall be made available by noon on Wednesday following the Council Meeting at the City Clerk's office in accordance with the Ralph M. Brown Act (Government Code 54957. 7). 21. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A) A. City of Chula Vista v. Barnhart Contracting - San Diego Superior Court Case No. GIS 003859 B. Moore, Laura v. City of Chula Vista, et al. - South Bay Superior Court Case No. GIS 008943 ADJOURNMENT to a Regular Meeting of January 28, 2003, at 6:00 p.m. in the Council Chambers. Page 8 - Council Agenda 01/21/03 ORDINANCE NO. AN O~IN~CE OF T~ C~ COUNC~ OF ~ ~ OF C~A ~STA ~PRO~NG A DE~LOP~NT AG~E~ BET~EM ~ CI~ OF C~LA ~STA ~ A~, S~OW LLC. FOR I~UST~ P~ L~D ~T~N ~E SU~OW DE~LOP~NT. I. ~CIT~S A. Project Site ~E~AS, ~e ~eas of l~d w~ch are subject to tbs Ord~ce ~e dia~atically ~resmted in Exhibit A of ~e Developmmt A~m~t, ~d for p~ose of general d~cfiption herein consis~ of: ~.7 acr~ sou~ of Ol~pic P~ay ~d east of Bmnd~ine Avenue ("Project Site"); ~d, B. Project; Application for Discretion~ Approval WHEREAS, on November 26, 2002, the City of Chula Vis~ fil~ ~ ~plication ' for consideration of a development a~eement be~een the Ciw of ~ula Vista ~d ACI Sunbow, LLC ("Project"); and, C. Prior Discretion~ Approvfl ~E~AS, ~e development of ~e Project Site ~s been ~e subject ma~er of vinous mtitlmems, including: I) a General Development PI~ S~bow II General Development PI~, pre~ously approved by CiW Council R~olution No. 15427 ("GDP") on December 5, 1989; 2) a Sectional Pl~ng Mca (SPA) pl~, S~bow B S~fional Plug ~ca PI~ ("SPA") appmv~ by CiW Co~cil Remhtion No. 15524 on Feb~ 20, 1990;3) PI~ Co~iW Dis~ct Regulation, approved by ~di~ce No. 2361 on Febm~ 27, 1990 4) Ten,rive Subdivision Map for ~e proj~t approv~ by CiW Council Resolution No. 15640 on May 22, 1990 ~d 5) Resolution No. 20~-221 approving ~endments to ~e Sun~w 1I S~tioml Plying ~ea (SPA) PI~ ~d S~bow H Desi~ Guidelines to impose conditio~ ~d amend the adopted Village Co~emial Center Desi~ Concept. Approved by CiW Council Resolmion No. 200~221 on J~e 20, 2000; ~d, WHEREAS, the Environmental Review Coordinator has reviewed the proposed project fbr compliance with the California Environmental Quality Act and has determined that the proposed project was adequately covered in previously adopted Sunbow II Sectional Planning Area (SPA) Final Environmental Impact Report, FEIR-88-01. Thus, no further environmental review or documentation is necessary; and, Ordinance No. Page 2 D. Planning Commission Record on Applications WHEREAS, the Planning Commission held an advertised public hearing on said project on December 18, 2002, and voted to recommend that the City Council approve the Development Agreement; and, WHEREAS, the proceedings and all evidence introduced before the Planning Commission at their public hearing held on December 18, 2002, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. E. Council Record of Applications WHEREAS, a duly called and noticed public bearing on the Development Agreement was held before the City Council of the City of Chula Vista on January 14, 2003, and to receive the recommendations of the Planning Commission, and to hear public testimony with regard to the same. 11. NOW, THEREFORE, the City Council of the City of Chula Vista does hereby find, determine and ordain as follows: A. COMPLIANCE WITH THE CITY GENERAL PLAN Thc City Council has determined that the Development Agreement as shown on Exhibit 1, is consistent with the City's General Plan, all applicable mandatory and optional elements of the General Development plan for Sunbow lI as well as all other applicable policies and regulations of the City; and, B. APPROVAL OF DEVELOPMENT AGREEMENT In accordance with Section 65867.5 of the Government Code, the City Council of the City of Chula Vista hereby approves the document entitled Development Agreement Between the City of Chula Vista and ACI Sunbow, LLC, a California limited liability corporation, on file in the City Clerk's Office as Document No. EXECUTION OF AGREEMENT The Mayor of the City of Chula Vista is hereby authorized and directed to execute said Agreement on behalf of the City of Chula Vista. IV. EFFECTIVE DATE This ordinance and the Development Agreement shall take effect and be in force on thc thirtieth day from after its adoption. RECORDATION OF DOCUMENT The City Clerk is hereby directed to record the Development Agreement in the office of the County Recorder. Ordinance No. Page 3 Presented by: Approved as to form by: Robert A. Leiter John M. Kaheny Planning & Building Director City Attorney COUNCIL AGENDA STATEMENT Item ~ Meeting Date: 1/21/03 ITEM TITLE: Resolution accepting bids, and awarding contract for the "Parking Lot Renovation - City - Parks in the City of Chula Vista, California (PR-235 & PR-236)" Project, and unappropriate $50,000 in Gas Tax fimds from the project account. SUBMITTED BY: Director ofEngineeringz, f~ REVIEWED BY: City Manage ~t~ (4/Sths Vote: Yes X No ) On December 11, 2002, the Director of Public Works received sealed bids for the "Parking Lot Renovation - City - Parks (PR-235 & PR-236)" Project. The work consists of pavement rehabilitation using either asphalt concrete (AC) or Rubberized Emulsion Aggregate Slurry Seal (Flex Seal) on various City parks parking lots and walkways in the City of Chuta Vista, California. RECOMMENDATION: That Council accept bids and award the contract for the "Parking Lot Renovation - City - Parks in the City of Chula Vista, California (PR-235 & PR-236)" project to J. D. Paving, Inc. of San Marcos, California for $199,571.68, and unappropriate $50,000 in Gas Tax funds from the project account. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Included in the FY2001-02 CIP Budget there are two projects for the renovation and improvement of various City parks parking lots. Public Works Parks Maintenance developed a priority list of parks to he included in the program. The Parking Lot Renovation Program considers the application of either an AC pavement overlay, or the application of Flex Seal on existing parking lots and walkways. The work also includes the removal and replacement of AC pavement "dig-outs", pedestrian ramps, pavement striping and marking. The parks that are being renovated are: Park Name Address Rehabilitation Type Discovery Park 700 Buena Vista Drive Flex Seal Rohr Park 4548 Swectwater Road AC overlay Rohr Park (west) Sweetwater Road AC overlay Greg Rogers Park 1189 Oleander Avenue Flex Seal Paseo Del Rey Park 750 Paseo Del Rey AC overlay SDG&E Park (west) 1450 Hilltop Drive AC overlay SDG&E (east) 1450 Hilltop Drive AC overlay Loma Verde Park 1420 Loma Lane Grind & AC overlay Page 2, Item Meeting Date: 1/21/03 Park Name Address Rehabilitation Type Eucalyptus Park 47 Fifth Avenue AC overlay Engineering staff prepared phts, and specifications and advertised the project. Staff received and opened bids on December 11, 2002. The City received bids t~om four (4) contractors as follows: co ,croR A ot.rr 1. J.D. Paving, Inc. - San Marcos, California $199,571.68 2. Koch-Armstrong Gen Eng, Inc. - Lakeside, California $222,730.00 3. Hanson SJH Construction - San Diego, California $295,460.00 4. Kirk Paving Incorporated - Lakeside, California $307,840.00 The low bid submitted by J. D. Paving, Inc. is below the engineer's estimate of $256,200.00 by $56,628.32. Engineering staff has verified the references provided by the contractor and their work has been satisfactory. Approval of this resolution will also unappropriate $50,000 in Gas Tax fxmds ~om the project account to the Gas Tax fund. Disclosure Statement Appendix "A" is a copy of the contractor's Disclosure Statement. Environmemal Status 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 Class 1 categorical exemption pursuant to Section 15301 of the State CEQA Guidelines. Thus, no further environmental review is necessary. Wage Statement Contractors bidding this project are not required to pay prevailing wages m persons employed by them for the work under this project. FISCAL IMPACT: FUNDS REQUIRED FOR CONSTRUCTION A. Comract Amount (J. D. Paving Inc.) $199,571.68 B. Contingencies (Approx. 10%) $20,000.00 C. Staff Costs, Design & Inspection (Approx. 9%) $18,000.00 TOTAL FUNDS REQUIRED FOR CONSTRUCTION $237,571.68 Page 3, Item Meeting Date: 1/21/03 FUNDS AVAILABLE FOR CONSTRUCTION Residential Construction Tax (RCT) 2302235717 $75,000.00 Residential Construction Tax (RCT) 2302236717 $162,$71.68 TOTAL FUNDS AVAIl,ABLE FOR CONSTRUCTION $237,571.68 A total of $50,000.00 in Gas Tax was originally appropriated for this project in order to do limited improvements at the northerly end of Loma Lane. Upon further investigation staff discovered that the area of work where Gas Tax funds were to be used is private and a dedication process would be costly and time consuming, and decided to limit the scope of work to the parking lot only. Since Gas Tax finds can only be used for work within the public right of way and sufficient RCT funds are awilable to complete the parking lot, staff is recommending that the r~naining Gas Tax funds be unappropriated into the Gas Tax find to be used on other Gas Tax projects. Upon completion o£ the project, the improvements will require only routine City street maintenance. Attachments: A. Contractor's Disclosure Statement. J :\E NGiN EER~,GEI'/DA\PR235-236_A 113. DOC APPENDIX "A" TH~ CITY OF CHULA VISTA DISCLOSURE STATEMENT Pursuant to Council Policy 101-01, prior to any action upon matters that 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 financial interest in the property that is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. I'qONL 2. If any'person* identified pursuant to (1) above is a corporation or partnership, list the names of all individuals w/th 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 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. ONL APPENDIX "A" 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 contxact within the past 12 months? Yes No V If Yes, briefly describe the nature of the financial interest the official** may hax/e in this contract. 6. Have you made a contribution of more than $250 within thex.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 than $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, gift, loan, etc.) Yes __ No '~ If Yes, which official** and what was the nature of item provided? Signat(n'e of Contractor/Applicant Print or ~e name of Con.actor/Applicant * Person is defined as: ~y indi~dual, tim, co-pam~sMp, joint venue, association, social club. ~atemal organization, co~oration, estate, ~st, receiver, s~dicate, ~y other co.W, ciW, m~icipali~, disMct, or other political subdihsion, -or ~y o~er ~oup or combination acting as a =it. ** Official includes, but is not limited to: Mayor, Co~cil memb~, Plaming Co~ssion~, Member of a bo~d, co~ssion, or co~i~ee of the Ci~, employee, or staff members. , . ~ RESOLUTION NO. RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTiNG BIDS AND AWARDiNG CONTRACT FOR THE "PARKING LOT RENOVATION - CITY- PARKS iN THE CITY OF CHULA VISTA, CALIFORNIA (PR-235 & PR-236)" PROJECT, AND UNAPPROPRIATED $50,000 IN GAS TAX FUNDS FROM THE PROJECT ACCOUNT. WHEREAS, on December 11, 2002, the Director of Public Works received sealed bids for the"Parking' Lot Renovation' C~ty' - Parks (PR-235 & PR-236)" ProJect' to J.D. Paving, Inc. of San Marcos, California for $199,571.68, and unappropr/ate $50,000 in Gas Tax funds from the project account. WHEREAS, the low bid submitted by J.D. Paving, Inc. is below the Engineer's estimate of $256,200.00 by $56,628.32; and WHEREAS, Engineering staff has verified the references provided by the contractor and their work has been satisfactory; and WHEREAS, approval of this resolution will also unappropriate $50,000 in Gas Tax funds from the project account to the Gas Tax fund; 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 Class I categorical exemption pursuant to Section 15301 of the State CEQA Guidelines. Thus, no further environmental review is necessary; and WHEREAS, the Contractors bidding this project were not required to pay prevailing wages for the work under this project. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby accept the bids and award the contract for the "Parking Lot Renovation City- Parks in the City of Chula Vista, California (PR-235 & PR-236)" project to J.D. Paving, Inc. of San Marcos, California for $199,571.68, and unappropriate $50,000 in Gas Tax funds from the project account. Presented by Approved as to form by John P. Lippitt J~M.-Kaheny Director of Public Works ,JESty Attorney J:\Attorney\RESO\park renovation bid doc COUNCIL AGENDA STATEMENT Item ~ Meeting Date 1/21/03 ITEM TITLE: Resolution Declaring City's intention to underground overhead utilities along "J" Street from Broadway to Hilltop Drive, and setting a public hearing for the formation of Utility Underground District Number 137 for February 18, 2003 at 6 p.m. SUBMITTED BY: Director ofEngineerin~,a/~ REVIEWED BY: City Managerffo 0~ (4/Sths Vote: Yes __ No X .) OnNovember 12, I991,theCityCouncilapprovedResolutionNo. 16415 accepting a report on the City's Utility Undergrounding Conversion Program and approving a revised list of utility underground conversion projects including "J" Street. On November 15, 2002, an Underground Utility Advisory Committee (UUAC) meeting was held at the site to determine the proposed boundary of an underground utility district for the conversion of existing overhead utilities. The proposed boundary is shown on attached Exhibit A. The district's limits extend along "J" Street from Broadway to Hilltop Drive. RECOMMENDATION: That Council approve the resolution declaring the City's intention to underground overhead utilities along "J" Street from Broadway to Hilltop Drive and setting a public hearing for the formation of Utility Underground District Number 137 for February 18, 2003 at 6 p.m. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The Underground Utility Advisory Committee (UUAC), consisting of representatives of SDG&E, Pacific Bell, Cox Communications, Chula Vista Cable and the City, agreed to propose to the City Council the formation of a district for the conversion of overhead utilities to underground "J" Street from Broadway to Hilltop Drive. The proposed utility undergrounding district along "J" Street is about 4,000 feet long (.76 miles), running from Broadway to Hilltop Drive (See Exhibit A). The estimated cost for undergrounding the utilities is $1,000,000. The Average Daily Traffic (ADT) count on "J" Street, between Broadway to Hilltop Drive, is approximately 13,248 vehicles per day. Page 2, Item ]4 Meeting Date 1/21/03 Staff recommends the formation of this conversion district along this section of East "J" Street because: 1. "J" Street is a major west/east thoroughfare between the western and eastern portions of Chula Vista. The undergrounding of existing overhead utilities will contribute to the creation of an aesthetically pleasing major street. 2. This segment of "J" Street from Broadway to Hilltop Drive is classified in the General Plan's Circulation Element as the following: · Class 1 Collector street from Broadway to Fifth Avenue. · Class 2 Collector street from Fifth Avenue to Hilltop Drive. 3. In addition to single family residential, the district fronts along a commercial site and Hilltop Elementary School. Section 15.32.130 of the Chula Vista Municipal Code requires the City Council to set a public hearing to determine whether the public health, safety, and general welfare requires the undergrounding of existing overhead utilities within designated areas of the City to give persons the opportunity to speak in favor of or against the formation of a proposed district to underground utilities. The purpose of forming the district is to require the utility companies to underground all overhead lines and to remove all existing wooden utility poles within the District and to require property owners to convert their service connections to underground. The conversion work by the property owners involves trenching, backfill and conduit installation from property line to point of connection. Chula Vista City Council Policy No. 585-1 established a mechanism that helps property owners ~vith the cost of the conversion work from the distribution lines to the structure. Said policy provides for the reimbursement of property owners at a rate of $35 per lineal foot of trenching, which is normally sufficient to cover totaI costs. Exhibit B shows a reimbursement schedule listing reimbursement amount for all 114 affected properties. The total reimbursement is approximately $210,000 and is included in the overall cost estimate orS 1,000,000. Approval of this resolution will set a public hearing to be held during the City Council meeting of February 18, 2003 at 6 p.m., in accordance with Section 15.32.130 of the Municipal Code for the formation of this district. Section 15.32.140 of the City Code requires the City Clerk to notify all affected persons and each utility company of the time and place of the public hearing at least 15 days prior to the date of the public hearing. Notice is to be given by mail to all property owners and occupants of property located within the boundaries of the proposed district. The City Clerk is required by said section of the Code to publish the Resolution of Intention, setting the public hearing in the local newspaper no less than five days prior to the date of the public hearing. Page 3, Item ~ Meeting Date 1/21/03 FISCAL IMPACT: The cost of pole removal, undergrounding overhead facilities and private property conversion reimbursements as outlined above is estimated to be approximately $1,000,000. SDG&E's allocation funds (Rule 20-A) will cover the estimated cost of the project. The estimated cost for street lights project associated with the undergrounding district is estimated to be approximately $100,000. City staff will be establishing a separate CIP project for the street light work to be done in FY 03/04. The $100,000 funding source is anticipated to come from Gas Tax. All staff costs associated with the formation of this district is not reimbursable from the allocation funds and, therefore, are borne by the General Fund. Attachment: Exhibit A- Boundary Map Exhibit B - Reimbursement Schedule J:~Engineer~ADVPLAN\UUDIST~E J ST\UUD137 Intention.jcm.doc O0 ZQ. .la q ~0 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING CITY'S INTENTION TO UNDEGROUND OVERHEAD UTILITIES ALONG "J" STREET FROM "J" STREET FROM BROADWAY TO HILLTOP DRIVE, AND SETTING A PUBLIC HEARING FOR THE FORMATION OF UTILITY UNDERGROUND DISTRICT NUMBER 137 FOR FEBRUARY 18, 2003 AT 6:00 P.M. WHEREAS, Chapter 15.32 of the Chula Vista Municipal Code establishes a procedure for the creation of underground utility districts and requires as the initial step in such procedure the holding of a public hearing to ascertain whether public necessity, health, safety, or welfare requires the removal of poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric, communication, or similar or associated service in any such district; and WHEREAS, on November 15, 2002, Underground Utility Advisory Committee (UUAC) meetings were held at the site to determine the proposed boundary of an underground utility district for the conversion of existing overhead utilities along "J" Street from Broadway to Hilltop Drive; and WHEREAS, it has been recommended that such an underground utility district, hereinafter called "District", be formed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista as follows: 1. NOTICE IS HEREBY GIVEN that a public heahng will be held in the Council Chambers of the City of Chula Vista at 276 Fourth Avenue in said City on Tuesday, the 18th day of February, 2003 at 6:00 p.m., to ascertain whether the public necessity, health, safety or welfare requires the removal of poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric, communication, or similar associated service in the District hereinabove described. At such hearing, all persons interested shall be given an opportunity to be heard. Said heating may be continued from time to time as may be determined by the City Council. 2. The City Clerk shall notify all affected property owners as shown on the last equalized assessment roll and utilities concerned of the time and place of such heating by mailing a copy of this resolution to such property owners and utilities concerned at least fifteen (15) days prior to the date thereof. 3. The area proposed to be included in the District is as shown on Exhibit A attached hereto and made a part hereof by reference. Presented by Approved as to form by John P. Lippitt John M. Kaheny Director of Public Works City Attorney COUNCIL AGENDA STATEMENT Item ~ Meeting Date 1/21/03 ITEM TITLE: Resolution Granting a water utility easement to the Otay Water District across City-owned property located north of Otay Lakes Road and east of Saint Claire Drive and authorizing Mayor to execute the easement. SUBMITTED BY: Director of Engineering/z~/ REVIEWED BY: City Manager '~;~,q¢~F (4/5tbs Vote: Yes No X.) On September 5, 2002, the Otay Water District submitted a request for a permanent easement over City owned property for the construction and maintenance ora pressure reducing vault to reduce the pressure of recycled water coming from the Otay Water District storage ponds. The easement is for the installation, operation, maintenance, replacement and repairs of the pressure reducing station and associated facilities, together with the right of ingress and egress thereto over said easement. RECOMMENDATION: That Council adopt the subject resolution granting a water utility easement to the Otay Water District across City-owned property located north of Otay Lakes Road and east St. Claire Drive and authorizing Mayor to execute the easement. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The proposed water utility easement is located on City Open Space, Lot A, per Map No. 13069, just north of Otay Lakes Road and east of St. Clair Drive (see Attachment "A"). The size of the easement is approximately 39 by 42 feet. Its location is such that it will not interfere with ongoing City activities. Open space irrigation systems and landscaping has been relocated and/or restored to the satisfaction of the City's Open Space Coordinator. The purpose of the easement is for the installation of a pressure reducing vault for Otay Water District recycled water lines. The Otay Water District requires the vault to reduce the pressure of recycled water coming from their 944 Pressure Zone storage ponds to their 680 Pressure Zone service area. This pressure reducing vault allows the Otay Water District to supply recycled irrigation water to Rancho Del Rey, Sunbow and Otay Ranch Subdivisions. The language in the easement, Attachment 'B' has been reviexved by the City's Engineering Department and approved by the City Attorney's office. FISCAL IMPACT: There is no cost to the General Fund. The Otay Water District has paid a $1,000.00 fee for the processing o1' this easement. Attachments: A - Locator Plat B Easement Document J:\Engincer\AGENDAXPF311 Reso doc R~CORD~G ~EQ~E$~D BY Fo~ R¢corder's Use AND AFTER RECORDATION, MAIL TO: OTAY WATER DISTRICT 2554 SWEETWATER SPRINGS BOULEVARD SPRING VALLEY, CA 91977-7299 Documentary Transfer Tax: None GRANT OF EASEMENT OF RIGHT-OF-WAY TO OTAY WATER DISTRICT For good and valuable consideration, receipt of which is hereby acknowledged, the undersigned City of Chula Vista, as Grantor(s) hereby GRANT(S) to OTAY WATER DISTRICT, a municipal water district formed under the Municipal Water District Law of 1911, as amended, situated in the County of San Diego, State of California, as Grantee, a permanent easement for the purpose of laying underground water pipelines and laterals and other underground and surface structures appurtenant to said water lines, including but not limited to power lines for transmission and communication purposes, pumps, regulators, valves and access roads within said easement, hereinafter referred to as "said facilihes," together with the right to construct, operate, maintain, repair and replace said facilities, and the right of ingress and egress for such purposes. Said easement is described as follows: An easement over a portion of Lot A, of Map Number 13069 recorded in the City of Chula Vista, County of San Diego, State of Califorma as File Number 1993-0784201 in the Office of the County Recorder on November 22, 1993 and as more particularly described as follows: Commencing at the most southerly comer of Lot A, Map 13069, said comer being on a 5,067 foot curve with a radial bearing of N31 ° 34'38"W; thence northeasterly along a curve concave southeasterly through a central angle of 01°52'52'' a distance of 166.36 feet to the TRUE POINT OF BEGINNING, said point having a radial bearing ofN29°41 '46"W; thence N29°34'59"W a distance of 42.51 feet; thence N60°25'01"E; a distance of 39.00 feet; thence S29°34'59"E a distance of 42.58 feet to a point on a 5,067 foot radius curve concave southeasterly with a radial bearing of N29°15'18"W; thence southwesterly along said curve through a central angle of 00°26'28'' a distance of 39.00 feet to the TRUE POINT OF BEGINNING. Said easement contains 1,658.34 square feet of land. (See Exhibit 'A') Grantor reserves the right to use said land at Grantor's own risk for any and all purposes not confticting, interfering or inconsistent with Grantee's use of said facilities. Grantor shall not increase or decrease or permit to be increased or decrease the ground elevations of said easement existing at the time this document is executed, nor construct or permit to be constructed any permanent building, structures, improvements or other encroachment upon said easement which will cause damage to or threaten the safety of any of said facilities of Grantee placed within the easement. Grantee may remove from the easement any building, structure, improvement or other encroachments thereon conflicting, interfering or inconsistent with its use for the purposes hereby granted. Grgntee shall have the right to install its own gates and locks in all fences which now cross or may hereafter cross said easement. Grantee agrees on its own behalf and on behalf of its successors in interest that it will indemnify and hold harmless the City of Chula Vista for any damages to the property which result from maintenance and repair operations by the Otay Water District of its pipeline within the easement. ~3 OWD EASEMENT NO. OWD W.O.8716 Grantor may, at Grantor's expense, and subject to Grantee's prior written consent, relocate the above mentioned facilities in the event such conflict with future development of said property, provided that Grantor does not cause discontinuance of service to any area, and provided, further, t hat Grantee receives, without expenses t o Grantee, a n easement comparable t o this easement for said relocated facilities. Grantee shall never be required to relocate or alter in any way the facilities installed pursuant to this grant of easement, or to bear any cost in connection therewith as a result of changes in the location of any said facilities. Grantee shall have the right to transfer and assign all or a portion of this easement to its successor in interest, or to any other political subdivision or public utility for use of the above stated purpose. Date: Grantor(s): State of County of On before me, DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" personally appeared NAME(S) OF SIGNER(S) ( ) personally known to me - OR - ( ) proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal SIGNATURE OF NOTARY CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the deed or grant dated from to OTAY WATER DISTRICT, a political corporation and/or govermnental agency, is hereby accepted by order of the Board of Directors pursuant to the authority conferred by Resolution No. 1829, adopted on February 23, 1981, and the grantee consents to recordation thereof by its duly authorized officer. Dated: By:. , District Secretary '~..-,,.-'"- %~ ~ ~--'"- ,... _....,-.- ~ ,, %¢ EXIST'lNG EASEMENT CURVE CURVE; TABLE DELTA LEI~ICTI.t C1 00'26 :~8" 39,00 ~067,00 N.T.S. OTAY WATER DISTRICT EXHIBIT REDUCING STATION EASEMENT A ClP NO. 071 t W.O. NO. 8716 RESOLUTION NO. 2003- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING A WATER UTILITY EASEMENT TO THE OTAY WATER DISTRICT ACROSS CITY-OWNED PROPERTY LOCATED NORTH OF OTAY LAKES ROAD AND EAST OF SAINT CLAIRE DRIVE AND AUTHORIZING MAYOR TO EXECUTE THE EASEMENT WHEREAS, the Otay Water District proposes to construct and maintain on City property a pressure reducing vault to reduce the pressure of recycled water coming from the Otay Water District storage ponds; and WHEREAS, the easement is for installing, operating, maintaining, replacing and repairing the pressure reducing station and associated facilities along City owned property located on a portion of Lot "A", of Map No. 13069, together with the right of ingress and egress thereto over said easement. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby grant a water utility easement to the Otay Water District; and BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said easement for and on behalf of the City of Chula Vista. Presented by Approved as to form by /~/~ M.K~K~~'~~ . Attorney Jotm P. Lippitt, Director of Public Works /fl4fm eny~W J:\AttorneyXRESO\Otay Water Easement.doc COUNCIL AGENDA STATEMENT Item: f¢ Meeting Date: 1/21/03 ITEM TITLE: Resolution amending the FY03 budget by appropriating unanticipated Even Start grant augmentation funds in the amount of $53,299 to the Library Department budget for expenditures associated with the Chula Vista Literacy Team's Even Start Family Literacy grant. SUBMITTED BY: Deputy City Manager/Library Director~V~0, REVIEWED BY: City Manager ~ (4/5ths Vote: YES X NO__) The California Department of Education has advised the Chula Vista Public Library that its fourth-year Even Start grant in the amount of $166,667 has been augmented by $53,299. These funds must therefore be appropriated. STAFF RECOMMENDATION: That Council adopt the resolution amending the FY03 budget by appropriating unanticipated Even Start grant augmentation funds in the amount of $53,299 to the Library Department budget for expenditures associated with the Chula Vista Literacy Team's Even Start Family Literacy grant. BOARD/COMMISSION RECOMMENDATION: N/A DISCUSSION: In October 1999, the Chula Vista Public Library, in collaboration with the Chula Vista Elementary School District, was awarded a four-year California Department of Education Even Start Family Literacy Program grant, Even Start is a federally funded, intergenerational family literacy program, it is designed to provide intensive in-home and center-based services to parents and their young children considered at high risk for future academic failure and continuing cycles of poverty. The Library partners with the Chula Vista Elementary School District, which is the primary agency providing Even Start family literacy services. The Library intends to pass the $53,299 in grant augmentation funds through to the District to pay for the following items and activities approved by the State: to implement a technology plan; to implement a staff professional development plan; to purchase a new data collection system; to purchase books for participants' home libraries; and to allow staff to attend two mandatory statewide meetings and one out-of-state training. FISCAL IMPACT: An additional $53,299 will be appropriated into the current year Even Start grant budget. These funds may not be used to supplant existing support for Literacy Team Center activities. These funds will be passed through to our partner agency, the Chula Vista Elementary School District, via an augmentation to their existing purchase order contract. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDiNG THE FISCAL YEAR 2003 BUDGET BY APPROPRIATiNG UNANTICIPATED EVEN START GRANT AUGMENTATION FUNDS IN THE AMOUNT OF $53,299 TO THE LIBRARY DEPARTMENT BUDGET FOR EXPENDITURES ASSOCIATED WITH THE CHULA VISTA LITERACY TGEAM'S EVEN START FAMILY LITERACY GRANT. WHEREAS, the California Department of Education has advised the Chula Vista Public Library that its fourth-year Even Start grant in the amount of $166,667 has been augmented by $53,299. These funds must therefore be appropriated; and WHEREAS, the Library intends to pass the $53,299 in grant augmentation funds through to the District to pay for the items and activities approved by the State; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby amend the Fiscal Year 2003 budget appropriating unanticipated Even Start grant augmentation funds in the amount of $53,299 to the Library Department budget for expenditures associated with the Chula Vista Literacy Team's Even Start Family Literacy grant. Presented by Approved as to form by Robert Powell J0h~/M. Kaheny ~) Assistant City Manager (Jify Attorney ~ J:/attomcy/reso/approp~iation even starl grant COUNCIL AGENDA STATEMENT Item ~ Meeting Date: 01/21/03 ITEM TITLE: Resolution Approving the creation o£ a Community Relations Manager classification in the Unclassified Service, Senior Management Group and amending the Library's FY03 budget by adding a Community Relations Manager position and deleting an Administrative Services Manager position BY: Deputy City Manager Palmer ~ SUMBITTED REVIEWED BY: City Manager/~ (4/5th Vote: Yes X No ) With the promotion of the Library's Administrative Services Manager to Assistant Recreation Director, there is an opportunity to redesign that vacant position into a new Community Relations Manager classification that will coordinate marketing and public relations for the Library Department, as well as the Recreation Department, the Nature Center and Cultural Arts (Community Services). This is especially fortuitous because o£ the £orthcoming retirement o£ the Library's Principal Librarian currently assigned to do community outreach. RECOMMENDATION: That the City Council adopt the resolution amending the Library's FY03 budget to delete an Administrative Services Manager position and add a Community Relations Manager position BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: The Community Relations Manager will work directly for the Deputy City Manager responsible for Community Service departments and divisions. As a result, the Community Relations Manager will provide public relations and marketing services for the Library and Recreation Departments, the Chula Vista Nature Center and various cultural arts, fund raising and special events activities. The Community Relations Manager will be responsible for creating armual public relations and marketing plans that establish strategies, delineates budgets, and prioritizes projects. The Manager will then be responsible for implementing these plans via specific tactics. Additionally, the Manager will coordinate the issuance of press releases, publications, graphic standards, master calendar of events, as well as oversee the maintenance of the web pages for the various Conununity Service departments. A job classification specification for the Community Relations Manager is attached. FISCAL IMPACT: The Community Relations Manager position will be paid $75,614. As a result of deleting the Administrative Services Manager and adding the new position (for the remainder of FY03, with a start date of January 24) there will be a savings of $7,458. The FY04 and ongoing fiscal impact is a savings of $19,446. CITY OF CHULA VISTA COMMUNITY RELATIONS MANAGER DEFINITION Coordinate and develop a marketing program and public relations program for the Community Service Departments (library, recreation, and nature center); coordinate and prepare in conjunction with the City's office of communications the dissemination of information and marketing materials to the public, city departments and the media regarding departmental activities and services and perform other related work as assigned. SUPERVISION RECEIVED AND EXERCISED Receives administrative direction from the Deputy City Manager. May exercise direct supervision over assigned management, supervisory, professional, technical and clerical personnel. EXAMPLES OF ESSENTIAL DUTIES Duties may include, but are not limited to, the following: Plan and develop Community Service Department's annual marketing and public relations plan; establish marketing strategy, delineate budget, prioritize projects and outline appropriate tactics. Prepare and coordinate the dissemination of press releases regarding Community Service's programs, events, services and regulations in collaboration with the City's Office of Communications. Develop and coordinate the production of publications, fliers, brochures, and newsletters; review material for design, understanding and readability, format, style, content, grammar and composition. Coordinate representation at community events such as parades, town hall meetings, and community fairs. Prepare and coordinate customer satisfaction surveys; evaluate relationships with key audiences; gather and analyze information; prepare reports. Oversee and coordinate the content of Community Service Department's WebPages. Provide advice in conjunction with the City's Office of Communication on events coordination and management; represent the departments at community events. CITY OF CHULA VISTA Community Relations Manager Negotiate and administer marketing and public relations contracts; coordinate marketing and public relations displays. Chair departmental marketing committees; assist staff in developing and implementing marketing projects; represent departments at citywide and regional marketing and public relations committees. Meet regularly with Community Service department directors and assistant directors. Develop and coordinate Speakers Bureaus. Coordinate implementation of graphic standards. Maintain calendar of events. Prepare, write/or edit grant proposals. Assist in the development and implementation of divisional goals, objectives, policies and procedures. Build and maintain positive working relationships with co-workers, other employees and the public using principles of good customer service. Represent the Community Service departments to outside agencies and organizations; participate in outside community and professional groups and committees; provide technical assistance as necessary. Research and prepare technical and administrative reports; prepare written correspondence. Perform related duties as assigned. QUALIFICATIONS Knowledge of: Principles and practices of public relations and marketing. Principles and techniques ofjoumalistic writing and reporting. Communication theory. Media sources and resources. Planning and preparing media releases and news conferences. Principles and practices of leadership, motivation, team building and conflict resolution. CITY OF CHULA VISTA Community Relations Manager Pertinent local, State and Federal roles, regulations and laws. Modem office procedures and computer equipment. Budgeting procedures and techniques. Principles and practices of supervision, training and personnel management Ability to: Coordinate the production and delivery of public relations materials. On a continuing basis, analyze budget and technical reports; interpret and evaluate staff reports; know laws, regulations and codes; observe performance and evaluate staff; problem solve department related issues; remember various roles and procedures; and explain and interpret policy. On a continuous basis, sit at desk and in meetings for long periods of time. Intermittently twist to reach equipment-surrounding desk; perform simple grasping and fine manipulation; use telephone, and communicate through written and verbal means. Analyze problems, identify alternative solutions, and project consequences of proposed actions and implement recommendations in support of goals. Gather and compile accurate information for news releases and features in a style acceptable for communications media. Recognize situations which have publication and/or news value and promote recognition of Community Service Department and citywide programs. Interpret and apply City and department policies, procedures, roles and regulations. Prepare and administer a budget. Supervise, train and evaluate personnel. Establish and maintain effective working relationships with those contacted in the course of work. Communicate clearly and concisely, both orally and in writing. Supervise, train and evaluate assigned staff. Work with various cultural and ethnic groups in a tactful and effective manner. CITY OF CHULA VISTA Community Relations Manager Experience and Training Any combination of education and/or experience and training that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be: Experience: Five years of increasingly responsible experience in marketing and public relations, public information or a related field. Training: Equivalent to a Bachelor's degree from an accredited college or university with major course work in joumalism, communications, marketing, business administration or a related field. WORKING ENVIRONIVIENT Primary work is performed indoors in a carpeted and air-conditioned office environment with fluorescent lighting and moderate noise level. Some exposure to the external environment is required when performing duties in the course of work. 1/03 RESOLUTION NO. 2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE CREATION OF A COMMUNITY RELATIONS MANAGER CLASSIFICATION IN THE UNCLASSIFIED SERVICE, SENIOR MANAGEMENT GROUP AND AMENDING THE LIBRARY'S FY03 BUDGET BY ADDING A COMMUNITY RELATIONS MANAGER POSITION AND DELETING AN ADMINISTRATIVE SERVICES MANAGER POSITION WHEREAS, the Library's Administrative Services Manager has been promoted; and WHEREAS, there is an opportunity to redesign that position into a new Community Relations Manager classification; and WHEREAS, as a result of deleting the Administrative Services Manager position and adding the new position which will be paid $75,614, there will be a savings of $7,458 for the balance of FY03 and the FY04 and ongoing fiscal impact is a savings of $19,446. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Chula Vista does hereby adopt the resolution amending the Library's FY03 budget to delete an Administrative Services Manager position and add a Comnmnity Relations Manager position; and BE IT FURTHER RESOLVED that the Council does hereby amend the Library's Fiscal Year 2003 budget by adding a Community Relations Manager position and deleting an Administrative Services Manager position. Presented by Approved as to form by David Palmer ~ M. Kaheny Assistant City Manager ~ City Attorney J:\Attorney~RESO\Com Rel Mgr doc ~ ... ¢ COUNCIL AGENDA STATEMENT ITEM ~ MEETING DATE: January21, 2003 ITEM TITLE: Resolution amending the Fiscal Year 2002/2003 Capital Improvement Program (CIP) Budget by creating a new C1P for the preparation of structural and architectural feasibility evaluations regarding the renovation of Rohr Manor and transferring $26,795 fi.om the existing Norman Park Restroom CIP to the newly created CIP for the Rohr Manor Architectural Evaluations. SUBMITTED BY: Director of Building and Parks Construction ,~ REVIEWED BY: City Manager vW (4/Sths Vote: YES X NO RECOMMENDATION: That Council authorize the establishment of a new CIP (PR-247) (Rohr Manor Architectural Evaluation) and approve the transfer of $26,795 from existing CIP project PR-241 and to PR247. BOARD/COMMISSION RECOMMENDATION: N/A DISCUSSION: The condition of Rohr Manor located in Rohr Park has deteriorated in recent years. The building is quite old and its physical condition needs to be addressed. Given its age and state of disrepair, it is prudent for the City to perform an architectural review of the building, which would include an analysis of the building's current condition before making any decisions regarding its future. These conditions include, but are not limited to reviewing the building's existing materials, structural and foundation condition, accessibility and historic significance. Also included in this analysis will be the preparation of a cost estimate to complete necessary repairs to bring the building into an acceptable condition. Staff undertook an initial review of the building in an attempt to make some determinations regarding the above issues. It became clear very quickly that the issues that the building faces are difficult, complicated and beyond the level of expertise that the City has at its immediate disposal. While it may have been possible for staff to analyze items such as interior modifications to restrooms or other areas of the building, the subsequent issues that would have arisen pertaining to things such as the materials contained within the walls or floors, handicapped accessibility issues or matters regarding structural components of the building were beyond the capabilities of staff and required the use of professionals such as architects and/or structural engineers. Once staff came to this realization, we then started to investigate ways to address the issues we could see as well as those that could possibly exist but have not presented themselves yet. Staff has determined that in order to provide Council with the most economical and feasible course of action to answer our questions is to retain the services of an expert consultant. Staff prepared a brief description of the types of analysis that we believe are necessary and initiated discussions with professional entities that have experience dealing with these types of buildings. These discussions evolved into a scope of work to be performed that includes the following items: 1. Architectural Feasibility Evaluation a. Initial site visits b. Review of building with respect to current building codes i. Review of exit requirements ii. Review of existing materials iii.Review o f accessibility issues iv. Review of historic issues c. Research materials and methods of repair d. Electrical analysis/Upgrade to current code e. Prepare feasibility report to: i. Repair to historic condition ii. Replace to historic condition iii. Prepare cost estimates for repair (with assistance of a contractor specializing in restoration of historic buildings) 2. Structural Feasibility Evaluation a. Site visit/document existing conditions b. Perform building code study related to: i. Historic/occupancy issues ii. Vertical wall structure loading capacity/ramifications iii.Lateral floor loading capacity c. Research materials and methods of repair d. Prepare feasibility report to: i. Repair to historic condition ii. Replace to historic condition iii.Prepare cost estimates for repair (with assistance of a contractor specializing in restoration of historic buildings) Upon the completion of this analysis, the City will then be able to make a far more informed decision regarding the future disposition of the building, i.e. renovation or demolition. The cost of this feasibility analysis will be $23,300 and would be undertaken by the firm of Building Analysts, the lowest of three proposals reviewed by Staff, a team specializing in structural engineering. Clearly, the level of analysis and the scope of review require the expertise of an architect, structural engineer and construction companies with experience in the restoration of historic buildings. None of this expertise is found within existing City staff at present. The building is currently utilized by a variety of groups. The Bonita Optimists use the building as their main meeting space at least weekly and sometimes more frequently. Alcoholics Anonymous utilizes the building on a daily basis. The building is also used by groups such as flower clubs and for seasonal activities such as holiday craft shops and sales. Also, Public Works/Operations has storage space in the building, as do the Bonita Optimists. The building is in use virtually every day. FISCAL IMPACT: The cost of the architectural review is $23,300. The transfer also contemplates an additional $3,495 for City staff costs (15% of thc contract amount). The transfer of funds is from existing Norman Park Restroom Cl1~ (PR-241) which will be completed at less than its budgeted amount, therefore, there is no fiscal impact to PR-241, the overall CIP budget or the City's general fund budget. J:~BPC~BPC Administration~Agenda~Rohr Manor~A113 Rohr Manor CIPjgrevised.011403.doc RESOLUTION NO. 2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2002/2003 CAPITAL IMPROVEMENT PROGRAM (CiP) BUDGET BY CREATING A NEW CIP FOR THE PREPARATION OF STRUCTURAL AND ARCHITECTURAL FEASIBILITY EVALUATIONS REGARDING THE RENOVATION OF ROHR MANOR AND TRANSFERRING $26,795 FROM THE EXISTING NORMAN PARK RESTROOM CIP TO THE NE~ArLY CREATED CIP FOR THE ROHR MANOR ARCHITECTURAL EVALUATIONS. WHEREAS, the building known as Rohr Manor located in Rohr Park is in need of renovation; and WHEREAS, in order to go forward with this renovation an architectural and structural engineer is needed to prepare reports regarding the structural and architectural feasibility evaluations; and WHEREAS, staff solicited informal proposals as required by Municipal Code Section 2.56.110 resulting in the selection of Building Analysts; and WHEREAS, the necessary investigation and research will be conducted by the firm of Building Analysts for the sum of $26,795; and WHEREAS, upon completion of these feasibility evaluations staff will return to Council with proposals for undertaking any necessary renovations/remediations for Rohr Manor. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby authorize the establishment of a new CIP and approve the transfer of $26,795 from existing Norman Park Restroom CIP to the newly created CIP for the Rohr Manor Architectural Evaluations. Presented by Approved as to form by Andy Campbell Director of Building and Parks 3C~'~AtAtioKrnaeh;ny ~-/ J:\Attorney\RESO\Rohr CIP.doc ~,~ q COUNCIL AGENDA STATEMENT Item: ~ Meeting Date: 01/21/03 ITEM TITLE: Resolution Approving the Memorandum o£Understanding between the City of Chula Vista and Castle Park Middle School for the provision of extended after- school program hours, amending the FY03 Recreation Department budget by ~a~riating $3,787 in unanticipated revenue, and /~/~ /~ REVIEWED BY: City Manage~./~-~//"'~Q~ ~'/ (4/5ths Vote: Yes ~X No __ ) Castle Park Middle School has been awarded a State grant for the provision of additional after- school programming hours. The School has asked'the Recreation Department to provide these services, via a Memorandum of Understanding (MOU) for $3,787. These hours are in addition to the existing after-school hours provided by the Department to the School. RECOMMENDATION: That Council adopt the resolution approving the Memorandum of Understanding between the City of Chula Vista and Castle Park Middle School for the provision of extended after- school program hours, amending the FY03 Recreation Department budget by appropriating $3,787 in unanticipated revenue for personnel services, and authorizing the Mayor to execute said agreement. BOARDS/COMMISSIONS RECOMMENDATION: The Parks and Recreation Commission has been informed of the Middle School's request for additional programming. DISCUSSION: The Recreation Department and the Sweetwater Union High School District (District) jointly fund the Middle School after-school program (Club Teen Connection). The program is additionally funded from Critical Hours Grants and Safe Neighborhood, Safe Schools Grants received by the individual schools. Collaborative partners in the program include South Bay YMCA and South Bay Community Services, as well as the individual schools. Activities include sports, crafts, homework help, games, special events, field trips, specialized classes and much more. The program is free to all participants. The existing core program hours and participating schools are: Rancho Del Rey Middle School Monday through Friday, 3:00- 5:00pm Castle Park Middle School Monday through Friday, 3:00 - 5:00pm Chula Vista Middle School1 Monday through Friday, 3:00 - 5:00pm Hilltop Middle School Monday through Friday, 3:20 - 5:20pm ~ In October 2002, Council approved an MOU with Chula Vista Middle School to provide additional before and after school programming, paid with State grant funds. Page 2, Item ~ Meeting Date: 01/21/03 In FY2001-02, Castle Park Middle School's annual attendance was 6,553 (or 36 per day). This figure does not include attendance at special events, which are typically held outside of the after- school program hours on the weekends. Due to the success of the program, the Castle Park Middle School has requested that additional hours of daily programming be provided by the Department, to be funded from a new State grant. Castle Park Middle School is proposing an MOU with the City for $3,787, to provide: a) staffing for new extended hours from 5:00 until 6:00 pm on Mondays through Fridays during the school year, and b) hours for staff training meetings, field trips and special events, as needed. The Recreation Department began providing this extended service when school began on September 3. FISCAL IMPACT: The FY2002-03 budget for the Recreation Department is proposed to be amended, to appropriate $3,787 for staffing costs associated with the provision of additional program hours for the 2002-03 school year, from September 3, 2002 through June 19, 2003. Castle Park Middle School will reimburse the City for expenses following the submittal of invoices for services rendered. The grant funding for these additional hours is for this school year only. Should Castle Park Middle School receive additional grant funding in FY2003-04 for additional hours, the Department will bring forward a proposed MOU and appropriation for Council's consideration at that time. Attachment: "A" - MOU between Castle Park Middle School and the City of Chula Vista RESOLUTION NO. 2003- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND CASTLE PARK MDDLE SCHOOL FOR THE PROVISION OF EXTENDED AFTER- SCHOOL PROGRAM HOURS, AMENDING THE FY03 RECREATION DEPARTMENT BUDGET BY APPROPRIATING $3,787 IN UNANTICIPATED REVENUE, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the Castle Park Middle School has been awarded a State grant for the provision of additional before and after school programming hours; and WHEREAS, the School has asked the City Recreation Department to provide these services, via a Memorandum of Understanding (MOU) for $3,787; and WHEREAS, these hours are in addition to the existing after-school hours provided by the Department to the School. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the Memorandum of Understanding between the City of Chula Vista and Castle Park Middle School for the provision of extended before and after school program hours, a copy of which shalI be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the FY03 Recreation Department budget is hereby amended by appropriating $3,787 in unanticipated revenue for personnel services. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized to execute the MOU on behalf of the City of Chula Vista. Presented by Approved as to form by Buck Martin John M. Kaheny Recreation Director City Attorney J:\Attorney\RESO\Castle Park MOU.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. Kaheny City Attorney Dated: Memorandum of Understanding between The City of Chula Vista and Castle Park Middle School MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND CASTLE PARK MIDDLE SCHOOL THIS AGREEMENT, by and between the City of Chula Vista, a municipal corporation (hereinafter "City") and Castle Park Middle School (hereinafter "Middle School") to provide additional after- school program hours at Castle Park Middle School during the time school is in session between September 3, 2002 and June 19, 2003; NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as follows: I. RESPONSIBILITIES OF THE CASTLE PARK MIDDLE SCHOOl 1. Provide on-site indoor and outdoor facilities for the additional after- school program appropriate to the number of participants. 2. Promote and foster a positive environment for the development of a successful after- school program. 3. Host bi-monthly meetings to discuss program goals and effectiveness. 4. Provide office space and storage for the City's staff supervisor (Recreation Specialist). 5. Provide an on-site After School Coordinator or staff during the after- school program hours. 6. Pay to the City an amount up to $3,787 for the City staff costs to provide the additional after- school program hours, as shown in Attachment "A". II. RESPONSIBILITIES OF THE CITY OF CHULA VISTA 1. Provide sports and recreational activities similar to the existing after school program to students participating in the additional after- school program. Activities include sports, crafts, homework help, games, special events, field trips, specialized classes and much more. The program is free to all participants. 2. Provide Recreation Department staff to operate the additional after- school program at Castle Park Middle School, during the days school is in session, from September 3, 2002 through June 19, 2003. Staffing will consist of up to 181 hours of Recreation' Specialist, and up to 181 hours of Recreation Leader Page 1 at the City's prevailing wages, for a total of 362 hours. Please see Attachment "A" for a list of hours by staff and by time of day. 3. Submit completed daily attendance rosters for each activity provided by City to the Middle School After School Coordinator. 4. Attend bi-monthly meetings to discuss program goals and effectiveness. 5. Provide a Recreation Department Supervisor to oversee and coordinate the additional after- school program, in cooperation with Middle School staff. II1. COMPENSATION Castle Park Middle School agrees to compensate the City the sum of up to $3,787 to support activities provided by the City for the additional after- school program. The City will invoice Castle Park School on January 31, 2003 for the first two quarters and then quarterly on April 1, 2003 and June 30, 2003 payable within 30 days of receipt. IV. TERM/TERMINATION The term of this Agreement shall commence on September 3, 2002, and continue through August 31, 2003, matching the term of the grant funding previously mentioned. Either party upon sixty- (60) day advance written notice may terminate the Agreement. V. HOLD HARMLESS INDEMNIFICATION Each party agrees to hold harmless the other, their elected and appointed officers, trustees, agents and employees from and against all claims or damages, liability or costs and expense (including without limitation attorney's fees) arising out of the performance of this subcontract by the parties, their agents, employees, subcontractors or others, except for only those claims arising from the sole negligence or sole willful misconduct of either party, or their officers or employees. It is understood that such indemnity shall survive the termination of this agreement. VI. FINGERPRINT CLEARANCE Each party is responsible for fingerprinting its employees who will be working with students. If the City or Middle School discover that an individual in their respective employment is placed at the school site who has a serious or violent felony conviction as defined by the Education Code, Section 44830.1, or a sex offense conviction or controlled substance conviction as defined by the Education Code, Section 44011, that individual's employment status and/or duties will be altered to comply with all local, state, and federal laws/regulations. page 2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day indicated in the terms of the Agreement. Dated: ,2003 The City of Chula Vista Castle Park~Midd~l School Stephen Padilla, Mayor Approved as to form by: John M. Kaheny City Attorney Page 3 Attachment "A" City. of Chula Vista Recreation Department Staffing For Additional After- School Program At Castle Park Middle School The City shall provide the following staff and hours for the period of September 3, 2002 through June 19, 2003, on the days that school is in session, from Monday through Friday, based on 181-day school year: 5pm - 6pm (1.00 hours per day) Recreation Specialist: - 181 hours Recreation Leader- 181 hours TOTAL: 362 hours Page 4 COUNCIL AGENDA STATEMENT ITEM { 0 MEETING DATE: January 21, 2003 ITEM TITLE: Report and Presentation by Staff and the Design/Build team with respect to the construction of the new Police Facility. SUBMITTED BY: Director of Building and Parks Construction ~J REVIEWED BY: City Manage/_;)t> ,r~ (4/Sths Vote: YES NO X } RECOMMENDATION: That Council accept the report. BOARD/COMMISSION RECOMMENDATION: N/A DISCUSSION: The construction of the new Police Facility is well underway. As the building as been "topped oft"', this is an appropriate time to review the progress of the project and where it stands from a schedule and budget perspective as well as discuss various other aspects of the project. This report is comprised of a number of attachments which includes a copy of the presentation that will be made at the Council meeting as well as budget documents and information pertaining to the project schedule. The City's Contractor, Highland Partnership, Inc., will make the presentation and will show the Council both photographically and in writing the progress that has been made to date on the project. As you will note during the presentation, the project is proceeding on schedule and within the budgetary limits that Council has approved. It is fully expected that the project will be complete in February of 2004 and that the Police Department will be able to move into the new facility on time. Highland Partnership will discuss and explain to Council some of the issues that have arisen during the course of the project and how the Design-Build methodology that the City is utilizing on this project has fostered expeditious resolutions to problems without creating additional costs to the City. Highland Partnership will also provide detailed information with respect to project budgets and schedules such as how we've only lost two (2) working days due to weather. Other issues that will be discussed will be what Council and the public can expect to see occurring on the site in the coming months (as construction activities start to transition from exterior work to interior work) and those aspects of the project that are already underway which are not visible to the general public. Lastly, a discussion of the project budget, the improvements that have been made in monitoring project budgets and the status of the project as it relates to the budget will occur. Following the presentation, the Design Build team will be available to answer any questions that Council may have. FISCAL IMPACT None Attachments: (A) Power Point Presentation (B) Budget Report (C) Project Status Report, December 17, 2002 J:~BPC~BPC AdministrationXAgendaLPolice Facility~PD Report Agenda Statement ATTACHMENT A (Power Point Presentation) WILL BE PROVIDED AT THE MEETING OF 1/21/03 CHULA VISTA TO: The Honorable May~d City Council C~Ty OF CHULA V~STA- FROM: David D. Rowlands, -Jr., City Manager BLDG. & PARK OONSTRUCT~, SUBJECT: Police Facility Status Report As requested by the Council, attached is a Status Repor~ on the Police Facility. As you will see, all is going well. In January 2003 we will have a more detailed report on the agenda for a full discussion of the project. cc. Rick Emerson Andy Campbell Highland December 17, 2002 Mr. David Rowlands City Manager City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Regarding: Chula Vista Police Headquarters Subject: Status Report Dear Sir: As this year comes to a close our Project Team would like to provide you with an executive summary of progress on the Police Headquarters project as follows: Schedule - Our contract schedule reflects "top out" of structural steel being complete on January 14, 2003. Structural steel is currently 90% complete with just the west end of the south building remaining to be erected, which will be completed prior to 1/14/03. Architectural & Engineering efforts for building permit and on-site civil improvements were completed in August and September respectively. Construction Administration by all design disciplines is ongoing. We are slightly ahead of schedule and looking forward to hosting a lunch time "Topping Out" party on January 10, 2003. Right of Way / Off Site Improvements are at the 50 % Construction Documents level, with final design revisions pending. A final workshop is scheduled for later this week with the Citizens group and Council Member McCann to resolve the Friendship Park tree removal issue. This is the only part of the project that is currently behind schedule, but with a clear decision from the working group later this week we can hopefully make up any lost time. Budget - Applications for progress payments through November 2002 reflect design, engineering & general conditions to be 66% complete and hard construction at 21% complete. The Guaranteed Maximum Price (GMP) was set and approved by council in May 2002 at $5 I, 710,422 and has been revised downward by one change order to add alternative energy saving measures and delete the premiums associated with insurance, which have been paid directly by the City. The GMP is now $48,085,743 of which $14,352,483 has been expended through the end of November. Highland Partnership, Inc. 285BayBoulevard Ch ula Vista, CA 91910 619.4982900 ~:AX 498 2970 i )..11 Chula Vista Police Headquarters Status Report December 17, 2002 Page 2 of 2 To date 38 subcontracts or purchase orders, reflecting 60 - 70% of the work, have been issued by Highland for construction at a net cost below budget. The portion of the project for which the City is directly responsible for contracting is similarly proceeding within budgetary guidelines and on schedule. The total budget for these items which included property acquisition, tenant location, furniture and equipment, demolition, insurance and other costs is $18.8 million. As of this date, 39.2% of that budget is remaining. It should be noted that the largest portions of the City's direct costs were for property acquisition, tenant relocation and insurance. These items make up 61% of the City's direct item budget and were payable early in the project, therefore, the fact that 39% of the budget is remaining is appropriate. We are proud to be associated with this exciting project which is proceeding very well with a true Team effort being displayed at all levels. We would like to provide special recognition to Chula Vista Police Facility Manager Sergeant Daniel Hardman, whose hard work and dedication will result in the City having the best Police Headquarters Facility in Southern California (possibly in the Country) when it is completed in early 2004. We have attached our project fact sheet reflecting schedule milestones and data for your convenience, and look forward to providing a more detailed update at a future Council Meeting in January 2003. Principal Andy~am )~ell Director ¢ ' Building &,Parks Kip'~nd ~ ~ Allegis Development Services /O - COUNCIL AGENDA STATEMENT Item Meeting Date: January. 21~2003 ITEM TITLE: Resolution Accepting bids and awarding contract for the "Skate Park At Greg Rogers Park (PR-239)" Project with K.S. Stratton Construction Company of California, in the mount of $1,399,000.00 and appropriating $212,500 of previously appropriated CDBG funds from the Boys and Girls Club of Chula Vista to the project. SUBMITTED BY: Director of Building and Park Construction ~ REVIEWED BY: City Manage (4/Sths Vote: Yes X No ) On Thursday, December 12, 2002, at 2:00 p.m., the Director of Building and Park Construction received sealed bids for the project Skate Park At Greg Rogers Park (PR- 239) project ("Project"). The work for the Project primarily includes the construction of the skate park at Greg Rogers Park based on the construction documents provided by Purkiss Rose-RSI architects. The scope of work wilI consist of the demolition of the existing site behind the existing Boys and Girls Club of Chula Vista. Demolition activities include removal of sport court equipment, existing asphalt paving, existing fencing and miscellaneous other items. The Skate Park will consist of various skateboard activates using bowls, ramps, stairs, pyramids, roll over rails and other features. Within the site there will be an office, restroom, benches and two sets of 3-stack bleachers with shade structures. This facility will have a security fence around the perimeter and security system. A fact sheet on the project is enclosed as Exhibit "A". RECOMMENDATION: That Council accept the bids and award the contract for the "Skate Park at Greg Rogers Park (PR-239)" project to K.S. Stratton Construction Company in the amount of $1,399,000.00 and appropriates $212,500 of previously appropriated CDBG funds the Boys and Girls Club of Chula Vista to the project. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: On October 24, 2002 the City advertised for contractors to bid on the construction of the Skate Board Park and on November 6, 2002 we conducted a Pre-Bid Meeting with the prospective bidding contractors. On December 12, 2002 the City of Chula Vista Engineering Department opened the bids. The four bid proposals were as follows: 1. K.S. Stratton Construction 2. HAR Construction 3. Heffier Construction 4. I.E. Pacific Construction [ t- / Page 2 of 5, Item I I Meeting Date: January 21, 2003 Proiect Advertisement and Bid Results Purkiss Rose RSI Architects, Inc. of Fullcrton, California, prepared the plans and technical specifications for thc Project. A pm-bid meeting was held for the Project on December 6, 2002, to review thc requirements of the Project and to receive any questions or concerns regarding thc plans and specifications fi.om thc prospective contractors bidding on thc project. Attendance by said contractors at this meeting was not required to be eligible to submit a bid for thc project. A site visit was also held after thc pre-bid meeting to familiarize the contractors with thc project site and location. At the pre-bid mccfing, several contractors raised concerns about thc Project. Staff also received a number of phone calls and faxes raising concerns about the Project. All thc issues that City staff felt required clarification were susbcquently addressed through four (4) addendums to thc Project specifications. Staff received and opened bids on Thursday, December 12, 2002 at 2:00 p.m. Thc lowest responsive bidder for thc project was based on thc contractor who submitted all required documents detailed in thc contract documents and who submitted the lowest base bid for thc project construction. Bids from four (4) contractors were received as follows (Bids sorted by the bid amount): BASE BID CO~TRACTOR (Skate Board Park At Greg Rogers Park) 1. K.S. Stratton Construction $1,399,000.00 2. HAR Construction $1,565,000.00 3. I.E. Pacific Construction $1,803,000.00 4. Heftier Construction $1,995,000.00 Staff received excellent bids for thc project. The total low bid fi.om K.S. Stratton Construction Company is higher than thc Engineer's estimate of $1,397,509.30 by $1,490.70 or approximately 0.1%. The Engineer's estimate was prepared by Purkiss Rose RSI Architects and was based on average unit prices for similar types of work completed recently. Staff will incorporate the unit price bid results into our database for future project cost estimates. The City of Chula Vista Department of Building and Park Construction 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 K.S. Stratton Construction Company is 801108 and is clear and current. Staff has reviewed the low bid and is recommending awarding the contract to K.S. Stratton Construction Company in the amount of $1,399,000.00. Page 3 of 5, Item / I Meeting Date: January 21, 2003 Environmental Status The Department of Planning and Building performed an extensive environmental investigation. A Noise control study was conducted by an outside firm of Pacific Noise Control and concluded that thc proposed project would comply with the City's noise ordinance criteria during the daytime hours. Pursuant to the operational agreement, also before Council this evening, the skate park will be closed between the hours of' 10:00 p.m. to 7:00 a.m. weekdays and 10:00 p.m. to 8:00 a.m. on weekends to comply with the City's noise ordinance limit. A lighting study was conducted by Mosco Lighting, which showed that the backwashes from the lights are well under the City's requirements. Thus, no further environmental review or documentation is necessary. Disclosure Statement Attachment "B" is a copy of the contractor's Disclosure Statement. Prevailing Wage Statement The budget for the Skate Park is $1,793,500. The project is being financed through the Proposition 12 Per Capita Grant from the State of California ($1,581,000) and the Boys and Girls Club of Chula Vista approved CDBG funds ($212,500). 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 are required to pay prevailing wages to persons employed by them for the work under this project. Fiscal Impact The tables below detail the funds required and the funds available for the projects: FUNDS REQUIRED FOR CONSTRUCTION A. Contract Amount (K.S. Stratton Construction Company) $1,399,000.00 B. Contingencies (12%) $167,880.00 C. StaffCosts (Administration and Inspection) $80,000.00 D. Consultant Costs (Soils, Materials & Storm Water Testing) $26,364.00 TOTAL FUNDS REQUIRED FOR CONSTRUCTION $1,673,244.00 FUNDS AVAILABLE FOR CONSTRUCTION A. Proposition 12 Per Capita Grant for the Capita Grant From the State $1,460,744.00 of California. B. Boys and Girls Club of Chula Vista approved CDBG funds. $212,500.00 TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $1,673,244.00 Page 4 of 5, Item ~ ] Meeting Date: January 21, 2003 Maintenance Upon completion of this project, the Boys and Girls Club of Chula Vista will solely be responsible for the maintenance of the Skate Board Park. Attachment: A - Project Fact Sheet B - Disclosure Statemem JABPC~BPC Administration~Agenda\Skate Park at Grcg Rogers Park\Skate Park Al 13jgrevised final version 11 15 03.doc APPENDIX A Greg Rogers Skate Park Fact Sheet Site Size Approximately 66,000 square feet (1.5 acres) Skate Area 21,200 square feet (.49 acres) Construction Start Date February 5, 2003 Construction Duration 120 working days Expected Completion Date Early August, 2003 Number of Parking Spaces Over 75 existing parking spaces at the Boys and Girls Club Permissable Hours of Operations 7:00 AM to 10:00 PM (weekdays)/ 8:00 AM to 10:00 PM (weekends) Facillity Operations The Boys and Girls Club of Chula Vista Capacity of Skate Facility 60 skaters New Rest Rooms 4 (373 square feet) New Office Space 423 square feet CITY OF CHULA VISTA DISCLOSURE STATEMENT Pursuant to Council Policy 101-01, 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 following 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, contxactor, 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 (corpomtion/pertnership) 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. N/^ 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. ~!,/_a j:X, BPC~Contracts~PR239Spec.doc 14 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 X If Yes, briefly describe the nature of the financial interest the official** may have in th/s 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 con~butions 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? ' - 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, gift, loan, etc.) Yes No X If Yes, which official** and what was the nature of item provided? -- Siga~ture of Contractor/Applicant l(im S~ratton~ President Print or type name of Contractor/Applicant . I(.S. Stratton Construction, Inc 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, dislrict, 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 Comrmssioner, Member ora board, commission, or committee of the City, employee, or staff members. J :~8 PC\Conlvacts~P R239Spec.doc 15 tf-7 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING THE CONTRACT FOR THE "SKATE PARK AT GREG ROGERS PARK (PR-239)" PROJECT TO K.S. STRATTON CONSTRUCTION COMPANY OF CALIFORNIA, IN THE AMOUNT OF $1,399,000 AND APPROPRIATING $212,500 OF PREVIOUSLY APPROPRIATED CDBG FUNDS FROM THE BOYS AND GIRLS CLUB OF CHULA VISTA TO THE PROJECT WHEREAS, on Thursday, December 12, 2002, at 2:00 p.m., the Director of Building and Park Construction received sealed bids for the project Skate Park at Greg Rogers Park (PR-239); and WHEREAS, construction of the project will be on City of Chula Vista property in Greg Rogers Park which is leased to the Boys and Girls Club of Chula Vista; and WHEREAS, the work for this project primarily includes building a skate park based on the construction documents provided by Purkiss Rose-RSI architects, which will incorporate bowls, ramps, stairs, pyramids, roll over rails and other features; and WHEREAS, the scope of work will also consist of removing and demolishing existing sport equipment, asphalt paving, fencing, etc. and the construction of an office, restroom, benches, two sets of 3-stack bleachers with shade structures, a security fence, and alarm system; and WHEREAS, the bids received from contractors for these projects are as follows: Contractor Los Ninos 1. K.S. Stratton Construction $1,399,000 2. HAR Construction $1,565,000 3. I.E. Pacific Construction $1,803,000 4. Heffier Construction $1,995,000 WHEREAS, the total low bid from K. S. Stratton Construction Company is higher than the Engineer's estimate of $1,397,509 by $1,491, or approximately 0.1%; and WHEREAS, engineering staff has verified the references provided by the contractor and their work has been satisfactory; and WHEREAS, staff has reviewed the low bid and recommends awarding the contracts for $1,399,000 to K.S. Stratton Construction Company of California; and WHEREAS, disadvantaged and women-owned businesses were encouraged to bid through the sending of the Notice to Contractors in various trade publications; and I/-7 WHEREAS, based on the current project funding guidelines, the contractor must pay prevailing wages to persons employed by them that perform work on this project; and WHEREAS, the Department of Planning and Building performed an extensive environmental investigation. A Noise control study was conducted by an outside firm of Pacific; Noise Control and concluded that the proposed project would comply with the City's noise ordinance criteria during the daytime hours. WHEREAS, the project is being financed through the Proposition 12 Per Capita Grant from the State of California ($1,581,000) and previously appropriated CDBG funds from the Boys and Girls Club of Chula Vista ($212,500); and THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby accept bids and award contract for the Skate Park at Greg Rogers Park (PR 239) project to K.S. Stratton Construction Company in the amount of $1,399,000 and appropriates $212,500 of previously appropriated CDBG funds from the Boys and Girls Club of Chula Vista to the project. Presented by Approved as to form by Andy Campbell John M. Kaheny Director of Parks and Recreation City Attorney COUNCIL AGENDA STATEMENT Item: I~ Meeting Date: 01121103 ITEM TITLE: a) Resolution Approving an amendment to the September 5, 1978 Lease of Certain Property in Greg Rogers Park between the City of Chula Vista and the Boys and Girls Club of Chula Vista b) Resolution Approving an Agreement between the City of Chula Vista and the.~'5~ and Girls Club of Chula Vista for the lease and operatio,~f.~,~, ~e Park at Greg Rogers Park SUBMITTED BY: Recreation Dii~//] recognized for a number of years. The City-wide Youth Summit in 1992 and public meetings for the Parks and Recreation Master Plan disclosed community sentiment for a skate facility. At its May 8, 2001 and October 9, 2001 meetings, the City Council directed staff to move forward in providing a skate facility, and to enter into negotiations with the Boys and Girls Club of Chula Vista ("Club") for operation of the Skate Park at Greg Rogers Park. Those negotiations have been completed. RECOMMENDATION: That the City Council adopt the resolutions a) approving an amendment to the current Greg Rogers Park property lease with the Boys and Girls Club of Chula Vista and b) approving an Agreement for the lease and operation of the Skate Park at Greg Rogers Park by the Boys and Girls Club of Chula Vista. BOARDS/COMMISSIONS RECOMMENDATION: At a special combined meeting of the Parks and Recreation Commission and Boys and Girls Club Board of Directors on August 16, 2002, the two bodies unanimously approved the Recommendation to Council to provide a skate facility and to negotiate with the Boys and Girls Club of Chula Vista, leading to the current proposed amendment and new agreement. DISCUSSION: Backqround A continuing concern has been the safety of Chula Vista youth not having a secure and dedicated venue for skate activities. There have been no skate venues in the City or South Bay adequate to serve the needs of the youth of the community. There is also the issue of illegality and the prohibition of skating and skateboarding in many areas and the considerable public and private property damage that can be incurred. As a result, the Recreation Department has been charged with exploring the development of a skate facility in the City. Listed below is a summary of the skate facility issue to date. · In 1992 the City held the first Youth Summit at which time the need for a skate facility was enunciated. Page 2, Item ~' Meeting Date: 01/21/03 · The 1994 Youth Summit highlighted the lack of legal and safe venues for skateboards and skates. · In 2000 the public meeting for the Parks and Recreation Master Plan called for inclusion of skate facilities in future parks. · In 2000 the Boys and Girls Club of Chula Vista postponed receipt of Community Development Block Grant (CDBG) funding for a soccer facility in favor of exploring the possibility of locating a skate facility at the Club's site in Greg Rogers Park. · Throughout this period, there have been a number of requests by the public to City leaders for a skate facility. · The Recreation Department solicited Requests for Proposals (RFPs) for a feasibility study for a skate facility and accepted/selected Purkiss-Rose- RSI Landscape Architects. · Council accepted the staff report on a proposed skate park on May 8, 2001 and directed staff to develop a concept plan for a skate park at Greg Rogers Park on the campus of the Boys and Girls Club, continue with the feasibility study, conduct public meetings for community input and enter into discussions with the Club for the operation of a skate park. · At its October 9, 2001meeting, Council accepted the final design, approved a tentative funding/budget recommendation, and directed staff to negotiate an operating agreement with the Club. Per Council direction, staff conducted public workshops on June 7 and July 19, 2001 at the Boys and Girls Club in Greg Rogers Park to receive input from the community regarding the design of a skate facility. The response was very positive from the elementary school age children, young adults, and adults who attended these meetings. After approval by Council in October 2001 of the final design based on this public input, development of construction documents by Purkiss-Rose-RSI Landscape Architects, negotiations with the Club, completion of the environmental review process, and review and approval of the construction documents were undertaken and completed. The construction project was advertised for bids on October 24, 2002. The plans call for construction of a 21,200 square foot Skate Park located on a 1.5 acre site just east of the Boys and Girls Club building on land previously set aside for a Club soccer area in Greg Rogers Park. Other details of the facility are included in the related Council agenda statement to award the construction contract. Negotiations with the Club ran concurrently with development and review of the construction documents. Details of the proposed agreements with the Club are outlined below. Proposed Aqreements Attached as Attachments A and B are (1) the proposed amendment to the existing lease with the Club for the Club's site at Greg Rogers Park; and (2) the proposed new agreement regarding the lease and operation of the Skate Park. Attachment A is an amendment to the current Greg Rogers Park property lease with the Boys and Girls Club which removes from the definition of lease premises the property on which the Skate Park will reside. Instead, the lease for the Skate Park property is included in Attachment B - the new agreement for the lease and operations of the Skate Park. Page 3, Item Meeting Date: 01/21/03 The new agreement provides for the City to lease the Skate Park to the Club at Greg Rogers Park, in exchange for the Club's promise to operate and maintain it in a safe and secure manner. The term of the agreement runs concurrently with the existing lease of the Club site at Greg Rogers Park, which expires August 31, 2018. The Club will pay the City $1.00 per year. The Club is required to take into consideration the prevailing fees and charges throughout San Diego in setting admission and other fees associated with the Skate Park's operation to insure that costs to the public are fair and reasonable. Provision for "reasonable, occasional and scheduled use" by the City at no cost has been made to allow usage such as a Summer Camp field trip offered by the Recreation Department. It is anticipated that the Club will also provide scholarship and educational incentive opportunities consonant with current Club practice with respect to its other programs. The Club is required to place in escrow 10% of admission fees for the purpose of funding repairs, replacements, and maintenance of the Skate Park, with disbursements only to be used for those repairs with a one-time cost of more than $1,000 and not for day-to-day maintenance or upkeep. The escrow account is subject to verification and audit. The amount of the reserve will be annually reviewed for adequacy and adjusted accordingly. The Club is required to keep the Skate Park in good order, condition, and repair, with no expenses to be incurred by the City for any maintenance, repair, or restoration due to damage. The Club may make alterations or improvements to the facility upon the prior written consent of the City. The City has reserved the right to inspect the facility at all reasonable times. All users of the facility must execute or have executed by parent or guardian (if they are under the age of 18) an approved waiver and release of liability. Users are required to wear a helmet, kneepads, and elbow pads, and signs will be posted stating that requirement. The Club must maintain liability insurance in the amount of $2,000,000 naming the City as additional insured once the Skate Park is opened, and must carry $1,000,000 in liability insurance during the time between execution of this agreement and completion of construction. The Club may not post signs promoting alcohol or tobacco or depicting sponsorship by an alcohol or tobacco company. Operations To comply with City's noise regulations the Skate Park must be closed between the hours of 10:00 p.m. and 7:00 a.m. on weekdays and between 10:00 p.m. and 8:00 a.m. on weekends. The Club states that initial operations will be six (6) days per week with Monday closed. Initial fee structures contemplate admissions being from $3.00 to $7.00 depending on day, night or weekend usage and multiple use price incentives. Page 4, Item__}_~ Meeting Date: 01/21/03 Summary The Recreation Department has held public meetings with respect to a Skate Park at Greg Rogers Park and has negotiated an agreement for the leasing and operation of the facility with the Boys and Girls Club of Chula Vista. A longstanding community interest in providing a safe and legal venue for skate and skateboarding activities will be met by development of the Skate Park, which is slated to begin construction on February 5, 2003 and open in mid-to-late August 2003. As previously indicated, a separate Council agenda item deals with award of the contract for construction of the Skate Park. FISCAL IMPACT: The Boys and Girls Club will operate and maintain the Skate Park without any expense to the City. The Club will maintain an escrow account from a percentage of admission fees to fund future repair and maintenance needs over and above day-to-day maintenance. First year revenue projections by the Club are $200,000 with $20,000 set aside in the escrow account for one-time future repairs and replacements. Funding for the Skate Park construction cost of $1,399,000 comes from State Recreation grant funds and $212,500 in CDBG funds from the Boys and Girls Club. Attachments: A) Amendment to the lease between the City and Boys & Girls Club dated September 5, 1978 (City Council Resolution No. 9262) B) Agreement between the City of Chula Vista and Boys and Girls Club of Chula Vista C) Minutes of May 6, 2001 City Council meeting regarding Skate Park feasibility study CONSENT CALENDAR (Continued) 9. RESOLUTION NO. 2001-137, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDiNG THE FISCAL YEAR 2000/2001 ELECTIONS BUDGET FOR THE CITY CLERK'S DEPARTMENT BY APPROPRIATING $8,313 FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND TO COVER UNANTICIPATED ELECTION COSTS (4/STHS VOTE REQUIRED) Approval of the resolution will amend the City Clerk's elections budget by appropriating $8,313 to cover additional costs associated with the placement of three Charter amendments on the November 7, 2000 ballot. (City Clerk) Staff recommendation: Council adopt the resolution. ACTION: Mayor Horton moved to continue Item #6 as requested and to approve staff recommendations, and she offered Consent Calendar Items #1 through #5 and #7 through #9, headings read, texts waived. The motion can'ied 5-0, except on Item #7, which carried 4-0-1 with Councilmember Rindone abstaining. 10. RESOLUTION NO. 2001-138, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDiNG THE FISCAL YEAR 2000/2001 BUDGET FOR THE CITY CLERK'S DEPARTMENT TO RECLASSIFY ONE DEPUTY CITY CLERK POSITION TO ASSISTANT CITY CLERK AND APPROPRIATE FUNDS THEREFOR (4/STHS VOTE REQUIRED) Approval of the resolution will reclassify one Deputy City Clerk position to Assistant City Clerk, retroactive to the pay period beginning April 20, 2001. The reclassification requires an appropriation of $1,665.54 for salary and benefits from the unappropriated fund balance of the General Fund for the remainder of Fiscal Year 2000/2001. The reclassification request has the support of the City Manager and Director of Human Resources. (City Clerk) Staffrecommendation: Council adopt the resolution. Councilmember Rindone asked if the position had been included in the City's recent classification study. City Manager Rowlands responded that the position had not been included in the study due to its mid-management status. ACTION: Councilmember Rindone then offered Resolution No. 2001-138, heading read, text waived. The motion carried 5-0. ORAL COMMUNICATIONS There were none. ACTION ITEMS 11. CONSIDERATION OF ACCEPTANCE OF PROPOSED SKATE PARK REPORT AND OF DIRECTiNG PARKS & RECREATION STAFF TO SOLICIT COMMUNITY INPUT WITH RESPECT TO A PROPOSED SKATE FACILITY AT GREG ROGERS PARK AND ENTER iNTO PRELIMINARY DISCUSSIONS WITH BOYS & GIRLS CLUB OF CHULA VISTA FOR THE OPERATION OF SAID FACILITY Page 5 - Council Minutes ~/o~Q .~ ~" 05/08/01 ACTION ITEMS (Continued) The need for a safe and secure skate venue in the City has been recognized for a number of years. The City-wide Youth Summit in 1992 and public meetings for the Parks and Recreation Master Plan disclosed community sentiment for a skate facility. The Parks and Recreation Department hired Purkiss Rose as a consultant to determine the feasibility of a skateboard facility at Greg Rogers Park, on the campus of the Boys & Girls Club. Preliminary discussions have been held with the Boys & Girls Club regarding the operation of a skate facility at the Oleander/Greg Rogers site. The Parks and Recreation Department now seeks Council direction to proceed with the feasibility study, to solicit public input meetings with respect to the facility, and to enter into MOU discussions with the Boys & Girls Club for operation of the facility. (Director of Parks & Recreation) Parks and Recreation Director Campbell introduced Steve Rose, the City's consultant for the project, who presented the proposed Master Plan for a Chula Vista skate park. ACTION: Councilmember Rindone moved to accept the report and direct staff to (1) develop a concept plan for a skate park at Greg Rogers Park on the campus of the Oleander Boys & Girls Club; (2) continue with the feasibility study and convene public workshops with respect to the proposed facility; (3) enter into MOU discussions for the operation of a skate park by the Boys & Girls Club; and (4) report back to Council with an update on liability issues surrounding such a facility. The motion carried 5-0. 12. CONSIDERATION OF APPROVAL OF THE CONSOLIDATED ANNUAL PLAN FOR FISCAL YEAR 2001/2002 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHI]? (HOME) PROGRAM BUDGETS AND AUTHORIZING TRANSMITTAL OF THE CONSOLIDATED ANNUAL PLAN TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Council held a public heating on April 3, 2001 to review and receive public comment on projects and programs being considered for CDBG and HOME funding. The City is eligible to receive $2,114,000 in CDBG entitlement funds and $938,000 in HOME entitlement funds, for a combined total of $3,052,000. Senior Community Development Specialist Atwood presented the CDBG Fiscal Year 2001-2002 funding recommendations, stating that 25 organizations submitted funding requests totaling over $739,000 in the public services category. She stated that three programs were removed from other categories and placed into the public services category; these included the Chula Vista Coordinating Council, South Bay Community Services Graffiti Eradication Program, and Southwestern College South County Career Center, which HUD determined to be public services. Councilmember Salas believed that the Chula Vista Coordinating Council should be categorized as administrative rather than a public service. Ms. Atwood explained that a HUD representative determined that the administration category was strictly for the administration of the CDBG program itself. Page6 - CouncilMinutes /~ ~9 05/08/01 RESOLUTION NO. 2003- RESOLUTION OF THE CITY COUNC1L OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE SEPTEMBER 5, 1978 LEASE OF CERTAIN PROPERTY IN GREG ROGERS PARK BETWEEN THE CITY OF CHULA VISTA AND THE BOYS AND GIRLS CLUB OF CHULA VISTA WHEREAS, City of Chula Vista ("City") and the Boys and Girls Club of Chula Vista ("Club") entered into a lease dated September 5, 1978, pursuant to City Council Resolution No. 9262, for the lease by Club of City property in Greg Rogers Park ("Original Lease"); and WHEREAS, in 1992 the City-wide Youth Summit and public meetings for the Parks and Recreation Master Plan disclosed community sentiment for a skate facility; and WHEREAS, on May 8, 2001 the Parks and Recreation Department received the direction of the City Council to enter into negotiations with Boys & Girls Club of Chula Vista for the lease and operation of a Skate Park at Greg Rogers Park; and WHEREAS, those negotiations have been completed and an agreement finalized; and WHEREAS, as part of the City Council action approving the agreement reached, the City and Club will modify the Original Lease and any amendments to it by removing from the definition of Premises in the Original Lease the property that will be occupied by the planned Skate Park and a portion of the existing parking lot; and WHEREAS, a new separate lease and operating agreement for the Skate Park property has been prepared and will be executed. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the amendment to the September 5, 1978 Lease between the City of Chula Vista and the Boys and Girls Club of Chula Vista and directs the Mayor to sign said amendment. Approved as to form by u~ck Martin John M. Kaheny Director of Parks and Recreation City Attorney L:~.ESO\Skate Park Lease Amendmt.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. Kaheny City Attorney Dated: 0~- ~,- oI AMENDMENT TO THE SEPTEMBER 5, 1978 LEASE OF CERTAIN PROPERTY IN GREG ROGERS PARK BETWEEN THE CITY OF CHULA VISTA AND THE BOYS AND GIRLS CLUB OF CHULA VISTA AMENDMENT TO THE SEPTEMBER 5, 1978 LEASE OF CERTAIN PROPERTY IN GREG ROGERS PARK BETWEEN THE CITY OF CHULA VISTA THE BOYS AND GIRLS CLUB OF CHULA VISTA 22qlS AMENDMENT SEPTEMBER 5, 1978 LEASE OF CERTAIN PROPERTY IN GREG ROGERS PARK BETWEEN THE CITY OF CHULA VISTA AND THE BOYS AND GIRLS CLUB OF CHULA VISTA is made this 21st day of January, 2003, between the CITY of Chula Vista, a political subdivision of the State of California ( CITY ) and the Boys and Girls Club of Chula Vista ("CLUB"), a California non-profit public benefit corporation. RECITALS WHEREAS, CITY recognizes a need for a safe and secure skateboard park ("Skate Park") venue within CITY; and WHEREAS, The Board of Directors of the Boys and Girls Club of Chula Vista has supported the Skate Park concept as a unique recreation experience and has agreed to provide leased property for its development; and WHEREAS, CITY and CLUB agree to expand the Oleander facilities for the purpose of providing wholesome recreational activities and continue to support "The os~tive Place-for Kids; and WHEREAS, CITY has expressed a willingness to construct a Skate Park on the condition that the CLUB agrees to operate and maintain it; and WHEREAS, CITY and CLUB entered into a lease dated September 5, 1978, pursuant to City Council Resolution No. 9262, for the lease by CLUB of CITY property in Greg Rogers Park ("Original Lease"); and WHEREAS, CITY and CLUB desire to modify that lease and any amendments to it by removing from the definition of Premises in the Original Lease the property that will be occupied by the planned Skate Park; and WHEREAS, CITY AND CLUB will execute a new, separate lease and operating agreement for the Skate Park and the property it is located upon; NOW, THEREFORE, the CITY and CLUB agree to amend the Original Lease as follows: Exhibit "A" of the Lease is hereby amended, to read as follows: Signature Page AMENDMENT TO THE SEPTEMBER 5, 1978 LEASE OF CERTAIN PROPERTY IN GREG ROGERS PARK BETWEEN THE CITY OF CHLVLA VISTA THE BOYS' AND GIRLS' CLUB OF CHULA VISTA IN WITNESS WHEREOF, CFIW and CLUB have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dated: ,200~ City of Chula Vista by:. Stephen C. Padilla, Mayor Attest: Susan Bigelow, City Clerk Approved as to form: John M. Kaheny, City Attorney Dated: BOYS AND GIRL'S CLUB OF CHULA VISTA ~rdont / CEO ~" Exhibit List to Agreement Exhibit A RESOLUTION NO. 2003- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE BOYS AND GIRLS CLUB OF CHULA VISTA FOR THE LEASE AND OPERATION OF A SKATE PARK AT GREG ROGERS PARK WHEREAS, the need for a safe and secure skate venue in the City of Chula Vista ("City") has been recognized for a number of years; and WHEREAS, in 1992 the City-wide Youth Summit and public meetings for the Parks and Recreation Master Plan disclosed community sentiment for a skate facility; and WHEREAS, the Board of Directors of the Boys and Girls Club of Chula Vista ("Club") has supported the Skate Park concept as a unique recreation experience and has agreed to provide leased property for its development; and WHEREAS, the City has expressed a willingness to construct a Skate Park on the condition that the Club agrees to operate and maintain it; and WHEREAS, the Parks and Recreation Commission approved the Recommendation to City Council on April 19, 2001 leading to the current agreement; and WHEREAS, on May 8, 2001 the Parks and Recreation Department received the direction of the City Council to enter into negotiations with Boys and Girls Club of Chula Vista for the lease and operation of a Skate Park at Greg Rogers Park; and WHEREAS, those negotiations have been completed and an agreement finalized; and WHEREAS, as part of the City Council action approving the agreement reached, the City Council approved the modification of the Original Lease and any amendments to it by removing from the definition of Premises in the Original Lease the property that will be occupied by the planned Skate Park and a portion of the existing parking lot; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the Agreement for the lease and operation of the Skate Park at Greg Rogers Park by the Boys and Girls Club of Chula Vista and directs the Mayor to sign said amendment. Approved as to form by Buck Martin John M. Kaheny Director of Parks and Recreation 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 John M. Kaheny City Attorney Dated: AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE THE BOYS AND GIRLS CLUB OF CHULA VISTA FOR THE LEASE AND OPERATION OF A SKATE PARK IN GREG ROGERS PARK AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE BOYS AND GIRLS CLUB OF CHULA VISTA FOR THE LEASE AND OPERATION OF A SKATE PARK IN GREG ROGERS PARK THIS LEASE AND OPERATING AGREEMENT (hereinafter "Agreement") dated for convenience this __ of ,200_~ is entered into between the CITY of Chula Vista, a political subdivision of the State of California ("CITY") and the Boys and Girls Club of Chula Vista ( CLUB ), a Califorma non-profit public benefit corporation. RECITALS WHEREAS, CITY recognizes a need for a safe and secure skateboard park ("Skate Park") venue within CITY; and WHEREAS, The Board of Directors of the Boys and Girls Club of Chula Vista has supported the Skate Park concept as a unique recreation experience and has agreed to provide leased property for its development; and WHEREAS, CITY and CLUB agree to expand the Oleander facilities for the purpose of providing wholesome recreational activities and continue to support "The Positive Place-for Kids"; and WHEREAS, CITY has expressed a willingness to construct a Skate Park on the condition that the CLUB agrees to operate and maintain it; and WHEREAS, CITY and CLUB entered into a lease dated September 5, 1978, pursuant to City Council Resolution No. 9262, for the lease by CLUB of CITY property in Greg Rogers Park ("Original Lease"); and WHEREAS, CITY and CLUB desire to modify that lease and any amendments to it by removing from the definition of Premises in the 1978 lease the property to be occupied by the planned Skate Park and executing a new, separate lease and operating agreement for the Skate Park property; NOW, THEREFORE BE IT RESOLVED that CITY and CLUB do hereby mutually agree as follows: Page I of 11 /~ "//7/ AGREEMENT CITY hereby leases to CLUB, and CLUB hereby leases ~om CITY, that certain property, including the Skate Park located in Greg Rogers Park as outlined and provided for in Exhibit "A" (hereinafter "Premises"), attached hereto and incorporated herein by reference as if set forth in full. The parties hereto agree that said letting is upon and subject to the terms, covenants and conditions herein set forth, and CLUB covenants as a material part of the consideration for this lease, to keep and perform each and all of said terms, covenants and conditions. Section 1. Use, Agreement, Term, Renewal and Consideration 1.1 Purpose. CLUB and CiTY have determined that in the community there is a public need for additional recreation facilltie~ in the nature of a skateboard park (a depiction of which is attached as Exhibit "A"), and that the creation and operation of a Skate Park in the community would help meet that public need. Furthermore, CITY desires CLUB to operate said Skate Park on leased CITY property 1.2 Use. The Premises shall be used for the purpose of a Skate Park and related recreational activities. As an accessory use, CLUB may operate a "Pro Shop" for the purposes of skateboarding equipment rental and sale. 1.3 Availability of Premises. For the purposes of this Agreement, CITY hereby grants permission to CLUB to occupy the Premises. CLUB accepts such occupancy subject to the terms and conditions of this Agreement. 1.4 Term. The term of this Agreement shall commence on execution by CITY, ("Commencement Date") and shall terminate on the 31st day of August, 2018, or the termination date of the Original Lease, which ever is earlier - unless the term shall be sooner terminated as provided elsewhere in this Agreement. 1.5 Consideration to CITY. Consideration to CITY for entering into this Agreement is CLUB's performance of the covenants and conditions herein, which provide a public benefit to the Community. In addition, CLUB agrees to pay CITY the sum of $1.00 per year payable on July 1 of each year during the term thereof. Section 2. Operation 2.1 Laws. CLUB shall, throughout the term hereof comply with ail applicable federal, state, and CITY laws, ordinances and regulations affecting the Premises or the activities to be performed thereon. 2.2 No Bicycles. Bicycles shall not be used on the Premises. 2.3 Management. At all times during the term hereof CLUB shall, at its sole cost, keep qualified personnel on the Premises to supervise operation of the Skate Park. .age2of I; -/© 2.4 Fees. CLUB will develop a fee schedule for use of the Skate Park that may include session fees, seasonal fees, yearly fees, discount passes, or free use for educational incentives or similar promotional activities. Ali fees charged by CLUB shall be comparable to the fees charged for a similar activity at other fee-based Skate Parks in San Diego County. In calculat±ng such fees, CLUB may take into account those attributes of the Skate Park that distinguish it from other skate parks, such as extended operating hours, unique facility enhancements, special programs, and nighttime illumination. 2.5 Maintenance Fund. CLUB shall establish a separate maintenance fund in an escrow account for the purpose of repairing, replacing, and maintaining the Skate Park facility in a safe and secure manner. More specifically, disbursements from the fund shall only be used to pay for those repairs with a one-time cost of more than $1,000 and shall not be used for "day-to-day maintenance" or "upkeep" of the Skate Park. Ten percent (10%) of any fee charged for admission to the Skate Park shall be placed within the account for this expressed use. CITY and CLUB agree to negotiate this percentage in the future, if the percentage is found to be inadequate or more than adequate to effectuate the maintenance fund's stated purpose· CLUB understands that the cost to maintain the Premises may exceed the revenues deposited into the Maintenance Fund, in which case CLUB must still fulfill its duties set forth in Section 4 of this Agreement ("Maintenance and Repaix, Damage and Destruction") utilizing any other available CLUB funds. Fund balances shall be verified at the request of the CITY by CLUB providing detail bank statements. On termination of this Agreement, all monies remaining in the Maintenance Fund shall be the property of CITY and disbursed to CITY within ten (10) calendar days· CLUB shall have the right to offset any damages to the Premises, which require reimbursement by CLUB to CITY, with the monies remaining in the Maintenance Fund. 2.6 Age and Release of Liability. CLUB shall allow admittance to the Skate Park only if the person executes a CITY approved waiver and release of liability. If the person is under the age of eighteen, the person's parent or guardian must execute the waiver and release of liability. 2.7 Reporting Requirements. CLUB shall complete incident reports on forms approved by CITY for all reported injuries in the Skate Park. CLUB shall immediately send such incident reports to CITY. CLUB shall keep a copy of all incident reports on file and comply with any statutory reporting requirements that may be in effect (for example, Health and Safety Code 115800 (d)(4) - reports must be submitted to Judicial Council by January 30t~ each year). 2.8 Signs. CLUB shall post visible signs affording reasonable notice that persons using the Skate Park must wear a helmet, knee pads and elbow pads, and that any participant failing to do so will be subject to citation under a City ordinance requiring such. Furthermore, no person shall be allowed to use the Skate Park without wearing such protective gear. In general, advertisements oa~d program announcements on the walis or fences of the Premises are prohibited, however special event signs will be allowed for the duration of the event. In no case shall signs promoting alcohol or tobacco or signs depicting sponsorship by an alcohol or tobacco company be allowed. Notwithstanding the language in this section allowing certain signs, CITY, in its sole discretion, may object to any sign, in which case such sign shall be removed promptly from the Premises by CLUB. Page 3 of 11 /~ '/~.~ 2.9 Inspection by CITY. The CLUB covenants and agrees that the CITY, or the CITY's agent or representative, shall have the right to enter upon the premises at all reasonable times for the purpose of examining or inspecting the premises and to observe the compliance or noncompliance by the CLUB with the terms of this Agreement. 2.10 Utilities and Grounds Maintenance. CLUB shall pay, or cause to be paid, all charges for water, gas, electricity, light, heat, telephone, waste disposal, sewer, storm drain and other utility service used or supplied upon or in connection with the Premises during the term of this Agreement or any extensions hereof. CLUB shall be responsible for all janitorial services and shall maintain the Premises in accordance with any landscape plan associated with construction of the Skate Park. 2.11 CITY's Use of Facility. It is understood and agreed that CITY shall have the right to reasonable, occasional and scheduled use of the Skate Park at no cost, and at such t/me and in such mariner so as not to interfere with the normal and customary use of the Premises. Such use must be preceded by reasonable notice and CITY must confer with CLUB in an attempt to find a mutually acceptable time. Section 3. Maintenance and Repair, Damage and Destruction. 3.1 Maintenance and Repairs. CLUB shall, during the term of this Agreement, keep in good order, condition and repair, the Premises and every part thereof, structural or non- structural, and all adjacent sidewalks, landscaping, driveways, parking lots, fences and signs located in the areas which are adjacent to and included with the Premises. CITY shall incur no expense nor have any obligation of any kind whatsoever in connection with maintenance of the Premises, and CLUB expressly waives the benefits of any Statute now or hereafter in effect which would otherwise afford CLUB the right to make repairs at CITY's expense or to terminate this Agreement because of CITY's failure to keep the Premises in good order, condition m~d repair. On the last day of the term hereof, or on any sooner termination, CLUB shall surrender the Premises to CITY in good condition, broom clean, ordinary wear and tear excepted. CLUB shall repair any damage to the Premises or its improvements occasioned by its use thereof. 3.2 Damage or Destruction. In the event the improvements on the Premises are damaged or destroyed, partially or totally, from any cause whatsoever, whether or not such damage or destruction is covered by any insurance required to be maintained by CLUB under this Agreement, CLUB shall repair, restore, and rebuild the Premises to their condition existing immediately prior to such damage or destruction and this Agreement shall continue in full force and effect. Such repair, restoration and rebuilding (all of which are herein called the "repair") shall be commenced within a reasonable time after such damage or destruction and shall be diligently prosecuted to completion. Section 4. Improvements ~ · 4.1 Improvements by CLUB. CLUB shall have the right, with the prior written consent of CITY, to make such alterations, additions, or improvements in or to the Premises as it shall Page 4 of 11 consider necessary or desLrable for conducting the operations of the Skate Park, provided that all such work shall be done in a good and workmanlike manner, that the structural integrity of any part of the Premises shall not be impaired, and that no liens shall attach to the Agreement Premises by reason thereof. Upon the termination of this Agreement such alterations, additions, or improvements shall, at the option of the CLUB: (1) become the property of CITY (with no compensation due the CLUB for such improvements); or (2) be removed by the CLUB provided that any part of the Premises affected by such removal shall be restored to its original condition, reasonable wear and tear excepted. Section 5. Taxes Assessments 5.1 Possessory Interest. Pursuant to the provisions of Revenue and Taxation Code section 107.6, CLUB acknowledges that the terms of this Agreement may result in the creation of a possessory interest. If such a possessory interest is vested in CLUB it may be subject to the payment of real property taxes levied on such Interest. CLUB shall be solely responsible for all such taxes when due, and shall not allow any such taxes, assessments, or fees to become a lien against owner's property or any improvements thereon: provided, however, that nothing herein shall deemed prevent or prohibit CLUB from contesting the validity of any such tax, assessment, or fee in a manner authorized by law. Section 6. Hazardous Materials 6.1 Definition. "Hazardous materials" means any substance so designated (or designated "hazardous substances") in any federal, state, or local statute, ordinance or regulation affecting the Premises. 6.2 Liability. CLUB shall comply with all laws regarding hazardous substances, materials or wastes, or petroleum products or fraction thereof (herein collectively referred to as "Contaminants") relative to occupancy and use of the premises. CLUB shall be liable and responsible for any Contaminants arising out of the occupancy or use of the premises by CLUB. Such liability and responsibility shall include, but not be limited to, (i) removal from the premises any such Contaminants; (ii) removal from any area outside the premises, including but not limited to surface and groundwater, any such Contaminants generated as part of the operations on the premises; (iii) damages to persons, property and the premises; (iv) all claims resulting from those damages; (v) fines imposed by any governmental agency, and (vi) any other liability as provided by law. 6.3 Discovery and Notice. Should CLUB discover any Contaminants that could environmentally endanger air, soils or groundwater, CLUB shall immediately discontinue all activities which could aggravate the condition and Lrnmediately notify CITY both orally and in writing. CLUB shall also diligently proceed to identify the extent of contamination, how it will be remediated, when it will be remediated, by whom, and the cost of such remediation. Section 7. Indemnity, Insurance 7.1 Indemnity. CLUB shall, to the fullest extent permitted by law, defend, indemnify and hold harmless CITY and its officers, employees, and agents for any and all liability, claims, Page5 of 11 /~ ~/~ judgments, or demands arising directly or indirectly out of the obligations undertaken in connection with this Agreement. It is the intent of this Paragraph that CLUB indemnify and hold harmless CITY for ~ny actions of CLUB, including any liability arising from, connected with, caused by or claimed to be caused by CLUB's duty under contracts with third parties. This indemnity obligation shall survive the termination of this Agreement and apply for the entire time that any third party can make a claim against or sue CITY for liabilities arising out of CLUB's use, occupancy, or operation of the above-described Premises, or arising from any defect in any part of said Premises. 7.2 Insurance. Without limiting CLUB's indemnification of CITY as provided above, CLUB shall take out and maintain at all times during the term of the Agreement: 7.2.1 Required Coverage - After Skate Park Construction is Complete. After Skate Park construction is complete, Commercial General Liability Insurance covering Premises and operations in the amount of not less than Two Million Dollars ($2,000,000) with a General Aggregate limit of Two Million Dollars ($2,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage suffered or alleged to be suffered by any person or persons whatsoever resulting directly or indirectly from any act or activities of CLUB, of any person acting for it or under its control or direction, or any person authorized by it to use the Premises. The Two Million Dollar ($2,000,000) general aggregate limit shall apply exclusively to the Premises and CLUB's use of the Premises, otherwise the general aggregate limit shall be twice the required occurrence limit. 7.2.2 Required Coverage - Prior to and During Skate Park Construction. After execution of this agreement and until Skate Park construction is complete, Commercial General Liability Insurance covering Premises in the amount of not less than One Million Dollars ($1,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage suffered or alleged to be suffered by any person or persons whatsoever resulting directly or indirectly from any act or activities of CLUB, of any person acting for it or under its control or direction, or any person authorized by it to use the Premises. During the time between execution of this agreement and completion of the Skate Park, the insurance policy of $1,000,000 need not apply exclusively to the Premises. 7.2.3 Cost of Insurance and Certificates. All required insurance shall be in force prior to the opening of the Skate Park. Said policies shall be issued by insurance companies that have an AM Best's Rating of "A, Class V" or better, or shall meet with the approval of the City, and the cost of all required insurance shall be borne by CLUB. Certificates in a form acceptable to CITY evidencing the existence of the necessary insurance policies, and original endorsements effecting coverage required by this clause, shall be kept on file with CITY during the entire term of this Agreement. Certificates for each insurance policy are to be signed by a person authorized by that insurer to issue evidence of coverage on its behalf. Endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The CITY reserves the right to require complete, certified copies of all required policies at any time. 7.2.4 Endorsements. All liability insurance policies will name, or be endorsed to name, CITY, its officers, officials and employees as additional insureds and protect CITY, its officers, officials Page 6of 11 and employees against any legal costs in defending claims. All insurance policies will be endorsed to state that CLUB's insurance is primary and not excess or contribul~ng to any insurance issued in the name of CITY. Preferably, all insurance policies will be endorsed to state that coverage will not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested has been given to the CITY. If CLUB's insurance provider does not typically provide thirty (30) days' prior written notice, insurance policies may be endorsed to state that coverage will not be suspended, voided, canceled, reduced in coverage or in limits except after ten (10) days' prior written notice by certified, overnight mail has been given to the CITY. 7.2.5 Deductibles or Retentions. Any deductibles or self-insured retentions must be declared and acceptable to the CITY. At the option of the CITY, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the CITY, its officers, officials, and employees; or, the CLUB shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 7.2.6 Modification of Coverage Requirements. CITY shall retain the right at any time to review the coverage, form, and amount of the insurance required hereby. If, in the opinion of CITY, the insurance provisions in this Agreement do not provide adequate protection for CITY and/or for members of the public, CITY may require CLUB to obtain insurance sufficient in coverage, form and amount to provide adequate protection. CITY's requirements shall be reasonable but shall be designed to assure protection from and against the kind and extent of risk which exist at the time a change in insurance is required. CITY shall notify CLUB in writing of changes in the insurance requirements and, if CLUB does not deposit certificates evidencing acceptable insurance policies with CITY incorporating such changes within sixty (60) days of receipt of such notice, this Agreement shall be in default without further notice to CLUB, and CITY shall be entitled to all legal remedies. 7.2.7 Effect on Indemnification Requirements. The procuring of such required policies of insurance shall not be construed to limit CLUB's liability hereunder, nor to fulfill the inden'mffication provisions and requirements of this Agreement. Notwithstanding said policies of insurance, CLUB shall be obligated for the full and total amount of any damage, injury, or loss caused by neg~gence or neglect connected with this Agreement or with the use or occupancy of the Premises. 7.2.8 Proof of Insurance. Upon execution of this Agreement, CLUB shall provide evidence of compliance with the insurance requirements listed above by providing CITY with certificates of insurance, in a form satisfactory to the CITY. Copies of the policies of insurance required in Section 7.2.2 ("Requhted Coverage - Prior to and During Skate Park Construction") shall be delivered to CITY withi~ 30 days after execution of this Agreement. In addition, copies of the policies of insurance required in Section 7.2.1 ("Required Coverage - After Skate Park Construction is Complete") shall be delivered to CITY 30 days after construction of the Skate Park is complete. Page 7 of 11 /~ 'OQ~ Section 8. Assignment, Subletting, Encumbering 8.1 Prohibition. Neither the whole nor any part of the Premises nor any of the rights or privileges granted by this Agreement shall be assignable or transferable in any way without the express written consent of the City Council is obtained in each instance. Nor shall CLUB grant any permission to any other person to occupy any portion of the Premises without the express written consent of the City Council is obtained in each instance. Furthermore, CLUB shall not encumber this Agreement, the Premises thereof and the improvements thereon by a deed of trust, mortgage, or any other security instrument without the express written consent of the City Council is obtained in each instance. Any such purported assignment, transfer, sublease, encumbrance, or permission given without such consent shall be void as to CIT~(. Section 9. Termination 9.1 Early Termination. Notwithstanding any other provision of this Agreement, CLUB may terminate this Agreement upon ninety (90) days' advance written notice thereof to CITY. CITY may terminate this Agreement at any time upon ninety (90) days notice to CLUB. 9.2 Skate Park Not Constructed. If for any reason CITY in'its sole discretion decides not to construct or open the Skate Park this Agreement shall terminate immediately. 9.3 Waiver of Damages or Compensation. CLUB hereby expressly waives any and all claims for damages or compensation arising under this Agreement due to early termination of the Agreement by CITY. Section 10. Breach and Cure 10.1 Breach. CLUB shall be in breach hereof if it defaults in the performance of any covenant or condition required by this Agreement and fails to cure such default within thirty (30) days following written notice thereof from CITY; or if any such default is not curable within thirty (30) days, fails to commence to cure the default(s) within said thirty day period and diligently pursue such cure completion. If a default is not correct within the cure period mention above, this Agreement shall immediately terminate and CLUB shall have no further rights hereunder and shall immediately vacate said Premises; and CITY shall immediately thereupon, without recourse to the courts, have the right to reenter and take possession of said Premises. CITY shall further have all other rights and remedies as provided by law, including without limitation the right to recover damages from CLUB in the amount necessary to compensate CITY for all the detriment proximately caused by CLUB's failure to perform its obligations under this Agreement or which in the ordinary course of things would be likely to result therefrom. Section 11. Independent Contractor 11.1 Independent Contractor. CLUB and any of the CLUB's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee of City, and none of them shall be entitled to any benefits to Page 8 ofll /2 which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits Section 12. Notices 12.1 Time of Delivery, Addresses. Unless otherwise specifically provided in this Agreement, all notices, demands or other communications given hereunder shall be in writing and shall be deemed to have been duly delivered upon personal delivery or as of the second business day after mailing (by United States registered or certified mail, return receipt requested, postage prepaid and addressed as follows: If to CITY, to: City of Chula Vista Director of Recreation 276 Fourth Avenue Chula Vista, CA 91910 If to CLUB, to: President / CEO Boys & Girls Club of Chula Vista 1301 Oleander Avenue Chula Vista, CA 91911 or to such other address as any party may designate to the others for such purpose in the manner set forth above. Section 13. General Provisions 13.1 Prompt Performance. Th~ae is the essence of each covenant and condition set forth in this Agreement. 13.2 Gender, Number. Whenever the context requires, the use herein of (i) the neuter gender includes the masculine and the feminine genders and (ii) the singular number includes the plural number. 13.3 Joint Work Product. This Agreement is the joint work product of both parties and their attorneys and shall not be construed more favorably for, or m ore strictly, against either party on the grounds that such party or its attorney participated more or less fully in the preparation of this Agreement. 13.4 No Waiver. No (i) failure, neglect or delay by either party in exercising any of its rights thereunder or (ii) negotiations between the parties or their attorneys shall operate as a waiver, forfeiture or abandonment such right(s) or any other rights hereunder. Any waiver, forfeiture or abandonment by either party or its right(s) hereunder shall, to be effective, be in writing (i) expressly stating the provision(s) hereof to be waived, forfeited or abandoned, (ii) signed by the Page 9 of 11 /~Q ,~ party charged with such waiver, forfeiture or abandonment and (iiO delivered to the other party. 13.5 Captions. Captions in this Agreement are inserted for convenience of reference only and so not affect the construction or interpretation of this Agreement. 13.6 References, Exhibits. Each reference in this Agreement to a section or paragraph refers, unless otherwise stated, to a section or paragraph in this Agreement. All exhibits referred to in this Agreement are attached to, and are a part of, this Agreement. 13.7 Entire Agreement. This Agreement contains the entire agreement be~veen the parties relating to the transactions contemplated hereby and all prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into and superseded by this Agreement. 13.8 Modification. No modification, waiver or discharge of this Agreement shall be valid unless it is in writing and signed by the party against which the enforcement of the modification, waiver or discharge is or may be sought. 13.9 Counterparts. This Agreement may be executed in any number of counterparts, all of which together shall constitute one instrument. 13.10 Applicable Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Califomia. This Agreement has been signed at Chula Vista, California, as of the date set forth at the beginning of this Agreement. [End of Page. Next page is Signature Page.] Signature Page to AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE BOYS AND GIRLS CLUB OF CHULA VISTA FOR THE LEASE AND OPERATION OF A SKATE PARK IN GREG RODGERS PARK IN WITNESS WHEREOF, CITY and CLUB have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dated: ,200__ City of Chula Vista by: Stephen C. Padilla, Mayor Attest: Susan Bigelow, City Clerk Approved as to form: John M. Kaheny, City Attorney Dated: BOYS AND GIRL'S CLUB OF CHULA VISTA d/7 John [Clinga~ Pre? nt / CEO Exhibit List to Agreement Exhibit A Page 11 of 11 10,~ '~ ~j EXHIBIT A l Skate Park at Greg Rogers Parkl COUNCIL AGENDA STATEMENT Page 1, Item: 1 ~ Meeting Date: 01/21/03 ITEM TITLE: Resolution approving the Master Plan for the proposed public community park in Rolling Hills Ranch "Montevalle Park" SUBMITTED BY: Director of Building and Park Constructiola~__..~ Director of Public Woj~peration~5~ ~ Director of Recreati~?/~ '~"f- REVIEWED BY: City Manager~'~-~ (4/Sths Vote: Yes __ No X ) In March of 2002, City Council approved a contract for Landscape Architectural Services (retaining the firm of Spurlock Poirier) to develop a Master Plan for the 29-acre public community park site in the Rolling Hills Ranch 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 the City Council approve the Master Plan for the 29-acre public community park site in the Rolling Hills subdivision. BOARDS/COMMISSIONS RECOMMENDATION: The Parks and Recreation Commission at their regular meeting held on December 19, 2002 voted unanimously to recommend approval of the Park Master Plan for thc 29-acre public community park site in the Rolling Hills Ranch subdivision. The Commission also tentatively recommended that the park be named "Montcvalle Park". The Commission further considered the name on January 16, 2003 and the results will be discussed with City Council. ENVIRONMENTAL DETERNIINATION: 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 covercd previously in the Salt Creek Ranch Environmental Impact Report, (EIR) 89-03 and Supplemental E]R (SEIR) 91-03. No further environmental review or documentation is neccssary. DISCUSSION: Background The proposed park is located south o£ Proctor Valley Road between the Salt Creek open space corridor (adjacent to Hunte Parkway) and Duncan Ranch Road. Immediately south of the park is a three-acre Community Purpose Facility (CPF) site. The park site is surrounded by mountain backdrops and by new residential neighborhoods that have replaced rolling ranch land. J 5BPC~BPC Administration~Agenda\Rolling ltills Ranch Park\CouncilAgendaStmt 01-21-03 REV 1 - 10.doc Page 2, Item: I_~ Meeting Date: 01/21/03 Park Development In 1990, the Chula Vista City Council approved the Specific Planning Area (SPA) for the Rolling Hills Ranch, formerly known as Salt Creek Ranch. The Rolling Hills Ranch master planned subdivision consisted of a predominantly residential envirorLment, including a 22-acre community park. The SPA identified this park site to be designed to provide "sports facilities in conjunction with picnic and passive recreation uses and colmection to the adjacent natural open space areas by means of pedestrian, equestrian and bicycle trails." In December 2000, the park planning process generated an Agreement between Pacific Bay Homes, the EastLake Company, and the City, wherein seven acres of neighborhood park obligation in the adjacent EastLake Woods project was transferred to the Rolling Hills Ranch community park site. With 'in-lieu' fees paid by the EastLake Company, the City purchased additional residential acreage from Pacific Bay Homes to increase the park site to 29 acres. The CPF site was relocated to the southern boundary of the park site, adjacent to the middle school site in the EastLake Woods neighborhood, and an agreement to share parking between the park site and the CPF site was made. In 2001, Pacific Bay Homes sold the Rolling Hills Ranch project to the current owner, McMillin Land Development. The Parks and Recreation Department conducted a recreational needs analysis as a basis for the City of Chula Vista Parks & Recreation Master Plan (PRMP). The resulting recreational needs were allocated among future park sites anticipated to be built-out at year 2020, and an initial program for the 29-acre park was created. The program was then further refined with input from the local community, teclmical input from City staff, and the consultant Landscape Architect. Community Inpnt Two community workshops, facilitated by the Landscape Architectural consultants Spurlock Poirier, were held on May 20th and June 24th, 2002 to gather community input into the design of the future community park and community center. The first workshop informed, educated, and oriented workshop participz/nts about the draft park programming, as well as, provided an opportunity for the residents to voice their ideas, needs, wants, and opinions on the park landscape and the community center. The second workshop focused more on the park program. The consultant presented three (3) scenarios that incorporated the public input from the first workshop. Those in attendance reviewed the alternatives and expressed preferences. Design Obiectives for the Park Thc Master Plan process identified three objectives to bc achieved: · To maximize the recreational usc opportunities for community residents, J:~BPC\BPC Administration~Agenda\Rolling Hills Ranch Park\CouncilAgendaStmt 01-21 03REV]-10,doc Page 3, Item: Meeting Date: 01/21/03 · To create a unique park identity that relates to the subdivision where the park is located, and · To create a park that provides a special use experience for the park visitors. Park Design Concepts The Agrarian Ranch Theme The site offers the opportunity, with its mountain views and creek side setting, to recall its ranch history and provide a sense of place for the surrounding neighborhoods. Thc proposed Master Plan uses park elements to reflect the feeling of a ranch by using farm/ranch organizational patterns. For example, the farm house (Recreation Complex) and out buildings are clustered together to form a central core; the farm yard (basketball court, skate area, tcrmis courts and parking) is organized orthogonally around the central core; the pastures and fields of crops (sport fields) surround the core and are organized according to the site's topography; and the tree-lined road meanders through the agrarian valley and above the creek. Planting patterns include groves of trees, and wind breaks. The park design concept meets the three objectives for the Park by maximizing the recreational use opportunities for community residents, creating a unique park identity that relates to the surrounding subdivision, and creating a park that provides a special use experience for park visitors. Responding to the adjacency of the Community Purpose Facility (CPF) site and future school site The original SPA plan recommended screen planting between the park site and the CPF site. The plan includes windrows of trees to mark the boundary of the two sites, and proposes access through the park site to the CPF site. This affords the opportunity to share parking facilities and to potentially integrate CPF activities with park activities. The park loop trail will extend all around the CPF site further improving pedestrian access between the two sites and allowing pedestrian access from a proposed school in the adjacent EastLake Woods subdivision. SPA Conceptual Guidelines Compliance and Deviations The park site is 7 acres larger than the park site indicated in the original Salt Creek SPA plan. It is one of the largest community parks being designed as part of the current program of park development. The survey findings executed for the PRMP and the community workshops, identified a greater need for athletic recreation facilities than was anticipated in the SPA level preliminary park conceptual guidelines. As a result, the currently proposed Master Plan for the Rolling Hills Ranch community park contains a higher proportion of programmed athletic facility space to non- programmed space, than illustrated in the conceptual SPA park plan. J:~BPC\BPC Administration~Agenda\Rolling ltills Ranch Park\CouncilAgendaStmt 01-21-03REVl-10.doc Page 4, Item: /~ Meeting Date: 01/21/03 The design's rectilinear layout of the park program clements differs from thc more informal preliminary layout of program elements illustrated in thc original SPA plan; however, this design concept provides an informal rustic setting reminiscent of agrarian ranch land, and provides informal setting for picnicking and the casual use of an extensive trail system thought the park linking into the subdivisions and city trail network, all consistent with the guidelines established within the SPA. Recreation Building Complex In the same way that the park design reflects the agrarian ranch theme, the Recreation Complex will also reflect the former agrarian ranch theme. The Recreation Complex will be a simple cluster of three pavilions arranged around a courtyard in the center of the park, with architecture that reflects the simple lines of barns and farm out buildings. Openings between the pavilions will allow access to parking, active and passive park areas, and to the open-space along Salt Creek. All building materials will be very functional with attention paid to form and massing rather than ornament. The existing grove of Eucalyptus trees will provide an instant backdrop to the buildings and integrate the open space, building and park site. Response to Adjacency to Open Space The park is sited with an open space lot immediately to the west. The park takes advantage of this open space lot by placing informal park uses such as picnic shelters, open grass areas, and tot lots in locations where they can overlook the open space lot. A north-south recreation trail runs through this open space adjacent to the creek. The recreational trail and the park loop trail converge at the northwest comer of the site, providing access from the park to the open space. The Recreation Complex is placed centrally in the park, with an outdoor terrace positioned to provide views out over and above the open space. Park Activities Program The proposed Preliminary Park Master Plan for the 29-acre site includes the following program elements: · 21,000 square foot Recreation Complex- a Gymnasium, Adult-annex, and classroom buildings arranged around a courtyard. · Adult Softball Field - (Lighted) With 300'radius outfield the 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. · Archery Practice Area - This area will be used for instruction only under the supervision of a qualified instructor. · Basketball Courts (3) - (Lighted) Standard size courts · Children's Play Areas and Tot Lots (3) - The play areas will have equipment suitable for children of varying age groups. The area closest to the Community center will be designed for the youngest age group of children. J:~BPC\BPC Administration~Agenda\Rolling Hills Ranch Park\CouncilAgendaStmt 01-21-03REVl-10.doc Page 5, Item: ]~ Meeting Date: 01/21/03 · Low-maintenance Landscape Design - Where possible low water use planting will be specified. · Multi-purpose Fields (3) - (Lighted) The multipurpose fields are 150 feet by 300 feet, a standard that the Federation Intemationale de Football Association (FIFA) approves for soccer play as well as for lacrosse, football, etc. · Off-leash Dog Area - Fenced area designated for dogs to run and exercise off-leash. · Parking Lots - 198 on-site spaces supplemented by 68 on-street parking spaces. On-site parking is to be gated to restrict vehicle access after 10:00 p.m. · Picnic Areas Group-use (5) - Shelters/shade structures with varying quantities of tables will be located throughout the park. All picnic shelters are within easy access from parking areas. · Picnic Facilities Individual-use (5) - Individual areas with picnic tables. · Restrooms -Two ADA accessible rcstrooms are available. One restroom is accessed from thc building and the other from the park for use during and after the Recreation Complex hours of operation. · Storage - 400 square foot of park operations storage, 375 square feet of recreation storage and 200 square feet of team/league storage will be provided throughout the site. · Skateboard And Roller-skate Play Area - Small area for entry-level play. · Tennis Courts (2) - (Lighted) Standard size courts with screen fencing. The proposed park plan is compliant with the Americans with Disabilities Act (ADA). Recreation Complex Activities Program The proposed 21,000 square foot Recreation Complex will consist of three buildings arranged around a central courtyard. Points of access to the courtyard will be gated so that the entire complex can be secured after operational hours. Building 1 will house the multi-purpose gymnasium and stage area, the facility control point, administrative offices, and the child and teen game area. Building 2 will house the adult-annex, a kitchen, and the multi-use areas designed to be reconfignrcd to various sizes for usc by many different size events and functions. Part of this building includes two ADA accessible restrooms, one that is accessed from the interior courtyard and thc other that is accessed from the park, which is to be open for park users even when the rest of the building is closed. The restrooms are provided in lieu of a free-standing park restroom building. Building 3 will house the class spaces for dance and craft, as well as, the public restroom facility for the entire Recreation Complex. Li~htin~ of the Sports Fields Recreation staff has identified the need to have the softball field and soccer fields lighted. Basketball and tennis courts will also have lighting to extend the hours of use. J:~BPC~BPC Administration~Agenda\Rolling Hills Ranch Park\Counc/lAgendaStrnt 01 ~214)3REVl-10,doc Page 6, Item: l ~ Meeting Date: 01/21/03 Concern for lighting intrusion from the park into surrounding homes is always a staff concern. The spatial relationship of this park site to thc surrounding residential areas minimizes thc effect park lighting would have within thc Rolling Hills Ranch project. The wcstcm boundary is also buffered by the grove of mature eucalyptus trees. Ambient light levels at the park boundary arc to be at or below 0.5-foot candles, 1 .O-foot candle will be maintained at trails for public safety. An illumination analysis is a part of this Master Plan. Skate Area Recreation staffhas received numerous requests 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 beginner's skill level, to practice in an approved area rather than through the inappropriate use of park furniture. The skateboard play 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 Police Fire staff and Police staff have reviewed the plan, and provided input to insure that issues regarding public health and safety have been addressed. Parking Parking has been provided to accommodate 266 cars with 198 stalls on-site and 68 stalls on-street, directly adjacent to the park site along Duncan Ranch Road. Parking is restricted along Proctor Valley Road and Hunte Parkway. On-site parking is located adjacent to the CPF site, and near the Recreation Complex. In addition, there will be pockets of parking off of the park access road, to provide convenient parking to unload for picnic shelters. The parking lot entrance is to be gated to restrict vehicle access after 10:00 p.m. Staff researched other local City parking requirements for park and recreation facilities, and finds the quantity provided in this plan is consistent with other jurisdictional standards, including the City of San Diego. J:\BPC~BPC Administcation~Agenda\Rolling Hills Ranch Park\CouncilAgendaStmt 01-21-03REVI-10.doc Page 7, Item: I .~ Meeting Date: 01/21/03 Park Name The Park and Recreation Commission discussed several potential names for the park and made the recommendatlon that the name be MontevallePark combmmgtheSpamshwordsformountamand valley. However the Commission also requested additional consideration on the topic. At such time as the Commission has made a final recommendation for a park name the matter will be brought to City Council for approval. Fiscal Impacts In 1997, Pacific Bay Homes made a cash deposit with the City in pre-payment of the projects requirements of the City's Parkland Acquisition and Development Ordinance. The pre-payment is for both the neighborhood and community park obligations. Mackenzie Creek neighborhood was constructed and dedicated to the City in 2000. The Park cost of $8,600,000.00 is to be funded with the balance of the pre-payment monies, $4,900,000.00, anticipated interest generated, $325,000.00, EastLake Woods Parkland Obligation funds, $1,693,000.00 and money from the Ayres/Sunbow Agreement, $1,682,000.00. The Recreation Complex cost of $6,677,000.00 is to be funded by the Recreation Facilities Component of the Public Facilities Development Impact Fees generated. 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. 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. Attachments: A. Parks and Recreation cormmssion meeting minutes, (12/19/03) B. Park Master Plan, (including construction cost estimate) J:\BPC\BPC Administration~Agenda\Rolling Hills Ranch Park\CouncilAgendaStmt 01-21-03REVI q 0.doc City of Chula Vista Parks and Recreation Commission Minutes DRAFT DRAFT DRAFT Thursday - 6:30 p.m. December 19, 2002 Mercy Building 430 F Street CV Meeting Called to Order by Vice-Chair Larry Perondi at 6:33 p.m. 1. Roll Call/Motion to Excuse Members Present: Commissioner Salcido, Commissioner Rude, Commissioner Ramos, Commissioner Perondi, Commissioner Rios, Commissioner Weidner Members Absent: Commissioner Strahl MSC (Rios/Rude) 6-0-0-0 excuse Commissioner Strahl Staff Present: Buck Martin, Director of Recreation Brian Cox, Principal Recreation Manager Ed Hall, Principal Recreation Manager Ted Nelson, Recreation Supervisor III ~ Maw Hofmockel, Principal Landscape Architect John Krizan, Landscape Architect Jack Griffin, Assistant Director of Building and Park Construction Patricia Ferman, Landscape Planner Others Present: Brian Russo, Chula Vista Girls Fast Pitch Softball Charles Gordon, EastLake/Bonita Pop Warner Bill Winters, Chula Vista Youth Sports Council Jim Gabriel, Archifecls HGW Andy Spudock, Spurlock-Poirier Marcie Harris, Spudock-Poirier Wayne Takasugi, Spurlock-Poirier Dave Gatsky, McMillin MSC Rude/Salcido to move Item 9 - Other out of order (6-0-0-1) (Strahl Absent). Vice Chair Perondi introduced Mr. Bob White of lhe Chula Vista Veterans Advisory Commission. Mr. White, on behalf of the Veteran's Commission, thanked the Parks and Recreation Commission for their support in naming the neighborhood park in Sunbow, "Veleran's Park". In addition, Mr. White presented the Commission and staff a proclamation, which commends volunteers for planting 580 trees in the Gray Valley Regional Park on October 26, 2002. 2. Minutes a. Approval of Minutes of November 21, 2002 - M$C (Ramos/Rios) Approve the minutes of November 21, 2002 Vote: 6-0-0-1 IStrahl absent) b. Rolling Hills Ranch Community Park Master Plan Mr. Krizan (Landscape Architect) talked about the public community park in Rolling Hills Ranch. Mr. Krizan talked about the location of the park, acreage, and CPF site adjacent to the site. Mr. Krizan introduced lhe landscape architects of Spurlock-Poirier. Parks and Recreation Commission Minutes - December 19. 2002 2 Mr. Spurlock gave a presentation on the proposed park site. The pork is Iocofed south of Proctor Volley Rood between lhe Salt Creek open spoce corridor and Dunc(]n Ranch Rd. The pork site is 29 which includes (] three-(]cre Community Purpose Facilily/CPF} site immediofely south of the pork. Mr. Spurlock folked (]bout the recreofionol needs analysis conducted by the Porks and Recre(]tion Deportment, and st(]fed thor progromming was further refined with input from lhe Ioc(]l community (from two community workshops), end technicol input from City Mr. Spurlock (]lso f(]lked (]bout the Design Objectives for the Pork, which, include m(]ximizing the recre(]tion(]l use opportunities for communily residents, creofing o unique pork, end cre(]ting (] pork fhot provides o speci(]l use experience. P(]rk Design Concepts include the Agrori(]n Ronch Theme. Mr. Spurlock stored th(]t the M(]ster Plon uses park elements fo reflect the feeling of a ranch by using ronch orgonizofion(]l p(]tterns, with its mount(]in views (]nd creek side setting. The Recreofion complex buildings ore clustered together to form o centr(]l core. This design concept meets the three objectives for the pork. Mr. Spurlock t(]lked obouf three p(]rk (]lternofives, (]nd the progr(]mming of eoch (]lfern(]five. Discussion held on the preferred (]lfern(]five. Mr. Spudock stored the multipurpose fields (]re crowned with o 2% slope side fo side, self boll fields crowns in center with (] 2% slope to foul lines, b(]sketboll couds slopes end to end, os well (]s tennis courts, (]nd tot lois h(]ve subsurf(]ce dr(]in(]ge. Mr. Spurlock f(]lked (]bout the pl(]nting concept and I(]ndsc(]pe moteri(]ls. P(]rk Activities Progr(]m for the 29-(]cre site includes: Adult Softb(]ll Field /lighted) with (] proposed sm(]ll recre(]tion sforoge building behind the softb(]ll field b(]cksfop Archery Pr(]cfice Are(] (used for instruction only by the Recre(]tion Dep(]rfmenf) Bosketb(]ll Courts (3 lighted) Children's Pl(]y Are(]s (]nd Tot Lots Low m(]infen(]nce Londsc(]pe Design Multi-purpose fields (3 lighted) ] 50 ftx 300 ft (fields h(]ve 30' buffer) Off-le(]sh dog (]reo/fenced} P(]rking (]98 on-site Picnic (]reos (5) shelters/sh(]de structures Picnic f(]cilifies Resfroom Skofebo(]rd end Roller skote Pl(]y ore(]:]; (]nd Tennis Courts (2 lighted) Recre(]tion Complex Activities Progr(]m 21,000 sq. ft recre(]tion complex Igymn(]sium, (]dull onnex, cl(]ssroom buildings) Mr. Jim Gabriel with Architects HOW talked about the three building programs. He stated that the buildings include: safety, security, visibility; maintenance; ability provide multiple programming in all spaces; and environmentally efficient with enough office space for adequate supervision. Mr. Gabriel talked about the programming of the 3 buildings. Discussion held on the floor plans, elevations, and architectural materials used. Building strategies include: natural ventilation, natural daylight, environmentally friendly materials, and energy efficient. Mr. Gabriel also stated that there are two restroom elements within the facility itself, and is used primarily when the center is open for operation. addition, there are two additional restrooms that are accessible to the park patrons when the center is closed. Chair Weidner asked that Commissioners give their comments on the park design, and then would open the floor to comments on the facility. Commissioner Rios stated that he thought the park concept was great, and that he did not see direct entry to the park off of Duncan Ranch Rd. Parks and Recreation Commission Minutes - December 19, 2002 3 Mr. Krizan (Landscape Architect) responded lhat several trails are incorporated that connects the park. Commissioner Rude asked how many altendees from the workshops asked about archery in the park, and the number of notices sent regarding public workshops. Mr. Krizan responded thai archery was implemented at the request of the Recreation Department for programming use. A total of 6,000 notices were mailed, and 15-20 residents attended the workshops. Commissioner Salcido slated that on Page 13 - Multi-use fields on the north side of the park, there is a trail coming down lhe embankment, and is concerned that it cuts back into the goal area and corner areas of the multiuse fields. This seems too close, and would be better lo set il back 3-4 feet, so that there is clearance and buffer from someone getting run into. Mr. Spurlock responded that he thought lhis was a valid point. Commissioner Salcido asked about the buffer between fields. Mr. Spurlock responded lhat the buffer between fields is 40 feel, and 30-foot parameter around the fields. Discussion held about lhe 2% grade from lhe center of fields. National Standards were used when developing these fields. Discussion held on slope at Voyager Park, which is 31/~ % slope. Commissioner Salcido responded that 1% slope is more useable for multi-use field. Mr. Spurlock responded that lhey have had many problems with 1% slope fields, which have poor drainage and wet and dry areas. Discussion held on inadequate parking for lhe park. Mr. Krizan responded that the maximum number of parking spaces is provided without removing park facilities or programming. Commissioner Weidner stated that she has concerns with the number of reslrooms, placement of storage area for in season sports, inadequate parking, and 66 parking spaces at CPF site. Mr. Cox (Principal Recreation Manager) responded that the facility would be available to lhe public from 8:00 a.m. - 10:00 p.m. Monday lhrough Friday and on the weekends, thus making restrooms available to park patrons. Mr. Krizan responded that the 66 parking spaces at the CPF is a result from an agreement with the Cily is that parking would be shared with the CPF site. Mr. Spudock responded the issue of inadequate parking in the north end of the park has come up before. Parking spaces could be added, however, it would mean that some park programming would be removed. Ms. Hofmockel stated that as part of the park design, staff is working with recreation staff to determine what is necessary for a storage facility, and blend the design of the storage facility with the design of lhe park. Commissioner Perondi stated lhat the park concept is great, is in favor of building parks for park use, keep elements of lrees and landscape, eliminate a basketball court and implement parking areas, and thanked staff for implementing archery range. Commissioner Ramos staled lhat the park concept is great, and stated that she would like lo see additional shaded picnic shelters. Parks and Recreation Commission Minutes - December 19, 2002 4 Comments on the Recreation Facility- Commissioner Rios - approves of the building concept. Commissioner Rude - inquired about a walking trail. Commissioner Salcido - inquired about restroom usage, outside of the scheduled recreation facility operating hours. Commissioner Perondi - Ensure stage is high and large enough so as not to cause injury to audience, and additional restroom stalls for women's restroom. Choir Weidner- Impressed with building, and appropriate to surrounding. MSC Perondi/Salcido (5-0-0-1 Strahl absent) approve the proposed Preliminary Park Master for the 29- acre public community park site in the Rolling Hills Ranch subdivision. Discussion held on the park name for the public community park site in the Rolling Hills Ranch subdivision. Commissioner Rios - likes the name" SaltCreek Park." Commissioner Rude - likes the name "Pradera" Commissioner Salcido - likes the name "SaltCreek and Rancho del Valle" Chair Weidner- likes the name "SaltCreek Park" Commissioner Perondi - like the name "Rainshadow' MSC Perondi/Salcido (4-2-0-1) to tentatively name the public community park site in Rolling Hills Ranch subdivision MonteValle Park (Rude/Rios oppose name & Strahl absent) with understanding that this name is a tentative name and can be changed at the City Council's discretion. b. Appointment of chair & Vice Chair - MSC Salcido/Weidner that Commissioner Perondl is appointed Chair for the remainder of the fiscal year (6-0-0-1) (Strahl absent). MSC Weidner/Rios that Commissioner Salcido is appointed Vice Chair for the remainder of the fiscal year (6-0-0-1) (Strahl absent). 3. Information Items - a. General Plan Update - Mr. Martin (Director of Recreation) explained that the Commission received an update on the General Plan Update. Page 11 of the Update provides an outline reference to Recreation. Questions can be brought forward at the January 2003 meeting. b. Rohr Park Master Plan - Mr. Martin stated that Mr. Byers (Deputy Director of Public Works Operations) is ill, and was unable to attend tonight's meeting. Chair Perondi requested that lhis item is brought forward at the January 2003 meeting, and have Mr. Eliason (Acting Deputy Director of Parks) present at the meeting, as well. 4. Unfinished Business - Lack of Adequate Fencing between the new Live Steamers ROW and Golf Course- Chair Perondi requested lhal this item is brought forward at the January 2003 meeting as well, since staff was nol available. 5. New Business - None 6. Written Communication - None 7. Commission Comments - Parks and Recreation Commission Minutes - December 19, 2002 5 Commissioner Rios stated that being pad of the Parks and Recreation Commission has been a learning process. Commission Rude - concerned over the tree situation at Friendship Park, and feels that the trees should be protected and not removed. In addition, concerned over the large amount of homeless at the park, and stated that they (homeless) are becoming more vocal and aggressive. Chair Perondi requested that a representative from the Police Department is present at the January 03 meeting to discuss this issue of homeless in Friendship Park. Mr. Griffin (Assistant Director of Building and Park Construction) responded in regards to the Master Plan for Friendship Park. As of 2:00 p.m. in a meeting with surrounding residents, City Manager, staff, a compromise was reached that trees in Friendship Park would not be impacted, with the exception of 3- 5 trees, and replaced with a sidewalk. Residents were in favor. Trees along Davidson will not be affected. An information item update will be provided at the January 2003 meeting. Commissioner Salcido talked about Joint Use Agreement with Rancho Del Rey Middle School and problem with parking. Commissioner Weidner- thanked staff for lheir hard work, and looks forward to a productive year. Chair Perondi acknowledged staff for their hard work on the Master Plans. 8. Staff Comments - 9. Other- Mr. Brian Russo (CV Girls Fast Pitch Softball) talked about a lot at 549 East Naples and stated that he would like to address the Commission regarding enhancements and assistance from the City for this area. Chair Perondi requested that this item is placed on the Agenda for January 2003. Commissioner Salcido suggested that January 2003 meeting is held in another location. Meeting adjourned at 9:00 p.m. to the January 16, 2003. Submitted Margarita Cellano, Administrative Secretary Recreation Department U C- c' RESOLUTION NO. 2003- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE MASTER PLAN FOR THE PROPOSED PUBLIC COMMUNITY PARK IN ROLLING HILLS RANCH "MONTEV ALLE PARK" WHEREAS, in March of 2002, City Council approved a contract for Landscape Architectural Services, retaining the finn of Spurlock Poirier to develop a Master Plan for the 29- acre public community park site in the Rolling Hills Ranch subdivision; and WHEREAS, on December 19,2003, the Parks and Recreation Commission voted to name the 29-acre public community park "Montevalle Park"; and WHEREAS, City Council approved the Master Plan for the 29-acre public community park site in the Rolling Hills Ranch subdivision and approved the Park and Recreation Commission's recommendation for the park name to be "Montevalle Park"; and WHEREAS, the Environmental Review Coordinator has detennined that the proposed project was adequately covered in the adopted Salt Creek Ranch Environmentallmpact Report, EIR 89-03 and Supplemental EIR (SEIR) 91-03. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the Master Plan for the 29-acre public community park site located in the Rolling Hills subdivision; and BE IT FURTHER RESOLVED that the name of the park is "Montevalle Park". Presented by bed as to fonn by Z&A7Ú¿ if¿ Joh . Kaheny C Attorney Andy Campbell Director Building and Park Construction J:\Attorney\RESO\Park Master Plan Montcvalle.doc /3~4;)v ...::L '- o c.. >- oj- C :J E E o U ....c U C o c¿ I 0) c o c¿ ~·i ~Ifl: ~~ i j ~l1m8~1~ t5 I " ï ....J.! -..,,! ..... j ¡ ;§4 ~ ::; · · ~ · v o o · ~Õ · \J~ ~ Oe " · .~ · ~~ ~ 00 · .~ .. ~ :I:~ vi . ~ ~ c . <~ c o c.. (/) M o o N ,,' > ~ .9, lì; :',,, '0 ~ , ' \ r,' '- ( ) 0j- (/) o ~ " i" II , " , , ' , .~. \. " " J" , \~I~' ... . .... ' - , f\'li '~ ~y< 5~i'~ ... ~ z ... ~ z o u c -". ~ .- ~~~.2 ,-,=0.2 'V ~ ,g.< g., c: ; ;..~ Æ ëV>=:V>V> ~ ,,~NM""t a III E E 1 ;¡ ~ c 8,.1ê .:¡: º (I'g ~ g ¡¡ i~ 1<~ ..9æ~~Š6 ~ &;'ãgwê -.e o ~c: .... .... 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"-r-.._NCOGJ ..,,.,.0__ ö: " ~ 0' ~ ~ ;:: N o ~' o ~ - ------ - ~ " 8888888888888 8 N N ;!g~8:gg~ £ ~ ~ ~ ~~~~2~~ð~2~~~ ::i '" '" oooocioo " M M " r-..COCOCOCON.o"'- NCOOoN ~ ~ - - - " M M ~ ~ ~ 11 .. . ..I i§ u~ J j , &.!i. E E E ~ c; Æ e ! ~ :ä .. i ! j ~ &~ .I:! E.::t:1 c;E-:gtËii=...-:;Eu ðc5'~ug8i../:o':5U~Æð i} 11 .. :;¡ ~ ~ ~ ~ , 0 ~ œU -£ .!: 1! ~1~ ~ .' ·8 c5 . . ~&. ~ ~ ~] 11 .~ ~ ~ ~ " 0 . U ",.Q C; ii .f ~ .Q <I) ~ g I.. .U ..s:-g .~"" oðJi: ~jii{~ .... ~ .~u.. <I) 2 -E;~~Æðð] <3 '" J¡ ~ ¡ 8 'I ¡ ~ .. ~ . " ¡ " < <3 >- !II DC .. Ii Ii ::I III ~ III o " · · = c · c · · c · ~ · ~ c g 0 ð · D- c · ID ~ 0 t; · 0 1 :2: = ¡ -" f " · 0 Š D- · · z. ~ c 0 e E ! E ~ 0 ~ u · · · -" ~ u 3 c 0 i '" i .!:2 I ~ > 0) ~ , c Õ · 0 0 § '" COUNCIL AGENDA STATEMENT Item~ Meeting Date 1/21/03 ITEM TITLE: Resolution 2003 Urging the California Legislature to Honor the 1998 Commitment to Reinstate the Vehicle License Fee ¿J David D. Rowlands, Jr., City Manager Colleen M, Kelly, Intergovernmental Affairs Coordinator ß~~ City Manager 9 (4/5ths Vote: Yes_NoX) SUBMITTED BY: REVIEWED BY: California Governor Gray Davis has released his January budget proposal for the balance of the current fiscal year as well as the 2003/04 fiscal year, This proposal includes the immediate cessation of the State's backfill to cities and counties of the Vehicle License Fee offset, without reinstating the Vehicle License Fee to it's pre-1998 level. RECOMMENDATION: That the City Council approve the resolution urging the California Legislature to Honor the 1998 Commitment to Reinstate the Vehicle License Fee BOARD/COMMISSION RECOMMENDATION: N/A DISCUSSION: Background Prior to 1935, cities and counties collected property taxes on motor vehicles to fund essential local public health and safety services, In 1935, the California State Legislature enacted the Vehicle License Fee (VLF) Act, which replaced the property tax on vehicles with a 1,75 percent fee charged against the value of the motor vehicle. This fee was commonly referred to as the Vehicle In Lieu Fee, In 1948, the fee was increased to 2 percent of the value of the vehicle, and remained at that rate until 1998. In 1986, as part of a ballot measure, California voters approved a constitutional amendment that guaranteed the dedication of VLF monies to fund city and county services. In 1998, as the State was beginning to enjoy significant surplus revenues in its General Fund, a proposal was put forth to reduce the VLF. The argument in favor of this action was that residents and businesses should benefit from the State's economic health, The argument against this action was that the State wasn't proposing to reduce a revenue source on which it depended but, rather, one on which cities and counties relied heavily, Local government argued, to no avail, that the State should offer an alternative benefit to the public by providing income tax reductions or some other source that would affect only the State's General Fund, /413- J Item 1/21/03 page 2 In deference to the concerns being expressed by city and county officials, the Legislature did include language in its proposal that guaranteed the State would backfill cities and counties for the revenue that was being lost to them, In addition, the bill text included a provision that allowed for the reinstatement ofthe VLF if the State General Fund was insufficient to backfill local government. From 1998 through 2000, the State continued to reduce the amount of money paid by vehicle owners, lowering it by 67,5% of what it had been. The backfill to local government has grown in proportion to the VLF offset, so that the State is now paying cities and counties more than $4 billion each year, In Chula Vista, the VLF represents $10,8 million for fiscal year 2002/03, $7.4 million of which comes as backfill from the State, The State's Budget Woes The robust economy of the latter part ofthe previous decade could not, and has not, sustained itself. A large part of the State surplus came from the capital gains tax being paid on the sale of stocks, It is estimated that II % of the State's population provided 80% of the State's income tax revenue, making it very vulnerable to the volatility of the stock market. The burst of the "dot com bubble," coupled with the energy crisis and the increased demand for government services at every level, erased the State General Fund surplus in less than two years, The State is now facing a budget deficit estimated between $25 billion and $35 billion; $8 billion of that falling in the current fiscal year. The Governor has released several proposals in the past two months that he believes are necessary to balance the current and pending fiscal year budgets. Among his proposals is the immediate, and pennanent, cessation of the VLF backfill to local government. He is not, however, proposing to reinstate the full VLF fonnula (2% of a vehicle's value), When asked why not re-instate the VLF, the Governor responded that he had been very good to cities in the past several years and now they would have to share in the pain, The League of California Cities reports that, on the contrary, cities did not share in the State's revenue boom of the late 1990's, Despite the significant surplus being enjoyed by the State, it continued to take local property tax revenues away from cities and counties so that the State did not have to meet it's obligation to school districts. In short, the League reports, for the last 10 years cities have subsidized the State, After State payments to cities for state-specified programs are deducted from the total ERAF shift, cities are sending $635 million in property tax dollars to the State each year. FISCAL IMPACT: As noted above, the full VLF represents nearly $11 million this year for the City of Chula Vista. This is more than 17% of the City's discretionary revenue, The loss of the State backfill, $7,29 million per year, cannot be absorbed by this community's General Fund. City services will suffer despite the fact that this Council, and its immediate predecessor, managed our resources in a fiscally prudent manner and laid the foundation for a healthy financial future, The inequity of the Governor's proposal cannot go unchallenged. If the State can no longer meet it's obligation to local government, the VLF must be reinstated. C:\... \2003\agenda statements\vlf resolution , Lf 13- ;;- RESOLUTION 2003- RESOLUTUION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA URGING THE CALIFORNIA LEGISLATURE TO HONOR THE 1998 COMMITMENT TO REINSTATE THE VEHICLE LICENSE FEE WHEREAS, prior to 1935, cities and counties collected property taxes on motor vehicles to fund essential local public health and safety services; and WHEREAS, in 1935, the Legislature first enacted the Vehicle License Fee (VLF) Act, replacing the property tax on vehicles with a 1.75 percent fee charged against the value of the motor vehicle; and WHEREAS, in 1948 the rate of the VLF was increased to 2 percent of the value of the vehicle; and WHEREAS, in 1986, the voters overwhelmingly approved a constitutional dedication of the proceeds of the VLF to fund city and county services; and WHEREAS, in 1998, a period of strong economic growth, the Legislature approved the use of a portion of the rapidly growing State General Fund to reduce the VLF payments of vehicle owners, despite the concerns of local government agencies that the funds being reduced were not those of the State; and WHEREAS, the Legislature acknowledged the importance of the VLF resources to local government by committing to backfill those funds that would otherwise be lost, and committed to reinstating the full VLF should the time come when the State General Fund could no longer support the backfill; and WHEREAS, the reduction in VLF paid by vehicle owners (known as the "offset"), grew in subsequent years to a 67.5 percent offset of the amount owed; and WHEREAS, the VLF and backfill revenues constitute 17 percent of Chula Vista's discretionary revenues; and WHEREAS, on average, more than 60% of city general fund spending and more than half of county general funds go to front line law enforcement, fire, emergency medical services and health care programs; and WHEREAS, a tàilure by the State Legislature to honor it's commitment to backfill local government or reinstate the VLF when State General Funds are insufficient to backfill local government will cause irreparable hann to the public safety services provided by local governrnent and essential to the safety and well-being of California residents; and WHEREAS, the proposal put forth by Governor Davis to eliminate the VLF backfill to local government far exceeds the proportionatc spending reductions proposed for any State /Lfß'~ program or department, particularly in light of the annual loss of nearly $5 billion in property tax shifts to support the State's obligation to schools (ERAF), NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula Vista does hereby urge the Legislature and Governor of California to honor the 1998 commitment and implement the provisions of current law and restore the VLF in an amount necessary to keep local government whole if the State General Fund can no longer afford the expense of part or all of the VLF "backfill", Presented by µ-~ßP~¿ David D. Rowlands, Jr. City Manager J:\Attorney",RESOIVLF RESOLUTION 2003,doc 14 e~~ Approved as to fonn by ~ · RESOLUTION NO, 2003- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING TERMS AND COND1TIONS FOR THE EMPLOYMENT OF ANN y, MOORE AS CITY ATTORNEY The City Council of the City ofChula Vista does hereby resolve as follows: WHEREAS, the City Council of the City of Chula Vista in closed session on December 17,2002, selected Ann Y. Moore, Senior Assistant City Attorney, to be the City Attorney of the City of Chula Vista upon the retirement of City Attorney John M. Kaheny under the same tenns and conditions as John M, Kaheny, NOW, THEREFORE, BE IT RESOLVED by the City of Chula Vista that the following tenns and conditions are hereby established for the employment of Ann Y. Moore effective March 4,2003: 1. Initial annual salary: $168,106,00, 2, City will pay City Attorney's Public Employees Retirement System contribution, 3. City will pay annual State Bar Association dues for the City Attorney, 4, City will provide an automobile allowance of $550,00 per month for the City Attorney. 5, The City Attorney will receive a flex plan of $1 0,804.00 per year, and receive the executive fringe benefit package, 6. The City Attorney will have an amount equal to the maximum deferred compensation allowed by law in a 457 deferred compensation plan deposited in a deferred compensation plan, Presented and Approved as to fonn by: J:IAllorncyIRESOIC,ty Ally Apptmt.doc /50'/1 HU _.__.._.__~__... ___.._._" January 14th, 2003 MEMO TO: The Honorable Mayor & City Council FROM: Patty Wes SUBJECT: SANDAG BAYSHORE BIKEWAY COMMITTEE Although Council has confirmed committee assignments, the above committee was not included in our original report. To that end, confirmation of this appointment should be discussed during the next Council meeting. FYI - meetings are not held on a regular basis but generally conducted every other month (Thursday or Friday 2:00 pm-4:00 pm) at the SANDAG offices (Staff contact at SANDAG Stephan Vance). Ce: City Clerk (*p/ease include this item for the next agenda) Susie Tellez /5-8 COUNCIL AGENDA STATEMENT Item: /1 Meeting Date: 1/21/03 ITEM TITLE: 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 $32,806 TO MEET THE OFFICE OF TRAFFIC SAFETY GRANT LOCAL MATCH REQUIREMENT AND AUTHORIZING STAFF TO DESIGNATE THE REMAINING FUNDS OF $322,790 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, SUBMITTED BY: Chief of Police (y~\С}\(V City Manage~~ ~ (4/5ths Vote: Yes X No ) - - REVIEWED BY: 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, 2, That Council adopt the Resolution accepting $379,186 from the State COPS and appropriate $23,590 for the Local Law Enforcement Block ¡r¡-I Page 2, Item /7 Meeting Date: 1/21/03 Grant (LLEBG) local match and $32,806 to meet the Office of Traffic Safety grant local match requirement and authorizing staff to designate the remaining funds of $322,790 for operational equipment and proactive overtime needs; and, 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 MichaelT 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 of equipment 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 operational equipment to enhance service delivery and I ïJ-.;l- Page 3, Item Meeting Date: 17 1/21/03 improve the effectiveness of the department. After reviewing equipment needs staff identified a list of essential equipment; in general these items fall into two major categories - technology and equipment. Some of the major purchases include a firearms training simulator (FATS), which is estimated at $80,000, 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 $5,000 for proactive overtime and $28,000 to implement recommendations from current POP projects. In order to minimize the impact to the general fund, staff recommends meeting the local match requirements for two grants with SLESF funding, There is a match requirement of $23,590 for the Local Law Enforcement Block Grant, which was accepted earlier this year. The match will be used to purchase additional equipment for the Crime Lab, There is also an agency contribution requirement for the Office of Traffic Safety grant. The $32,806 that will be used to meet the requirement will help offset the cost of the Traffic Officer position, which is proposed in a separate agenda statement. The remaining $26,289 will be appropriated in next years budget to further offset the cost of the OTS grant position, 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 and Office of Traffic Safety 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 procurement of equipment, 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, I f7-3 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 $32,806 TO MEET THE OFFICE OF TRAFFIC SAFETY GRANT LOCAL MATCH REQUIREMENT AND AUTHORIZING STAFF TO DESIGNATE THE REMAINING FUNDS OF $322,790 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. 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, $32,806 will be used to meet the Office of Traffic Safety Grant local match and $322,790 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, appropriate $32,806 for the Office of Traffic Safety Grant local match and authorizing staff to designate the remaining funds, $322,790, 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, Presented by: .pv Richard P. Emerson Police Chief 1'7~'f COUNCIL AGENDA STATEMENT Item: Meeting Date: l'b 1/21/03 ITEM TITLE: PUBLIC HEARING TO CONSIDER ADDING CHAPTER 10,30 SECTION 10.30,010 THROUGH 10,30.050 TO THE CHULA VISTA MUNICIPAL CODE RELATED TO SPECTATORS PROHIBITED AT ILLEGAL STREET CONTEST OR EXHIBITION OF SPEED. SUBMITTED BY: ORDINANCE OF THE CITY OF CHULA VISTA ADDING CHAPTER 10.30 SECTION 10.30.010 THROUGH 10,30,050 TO THE CHULA VISTA MUNICIPAL CODE RELATED TO SPECTATORS PROHIBITED AT ILLEGAL STREET CONTEST OR EXHIBITION OF SPEED, Chief of POliC~ City Attorney City Manager~~}" v « (4/5ths Vote: Yes_ No----X-) REVIEWED BY: The San Diego region has identified a dangerous practice of illegal street racing on city streets. Street racing threatens the health and safety of the public, interferes with pedestrian and vehicular traffic, creates a public nuisance, and interferes with the right of community members to enjoy the use of their property within the City of Chula Vista. In the past five years, the City of Chula Vista has experienced eleven collisions with vehicles involved in street racing, Those collisions claimed the lives of fourteen community members, Due to the significant impact of street racing in southern California, the City of San Diego, along with other communities, such as National City and San Diego County, have adopted ordinances to curb this phenomenon, Adding an effective ordinance to the Chula Vista Municipal Code, which makes it illegal for a spectator to gather at locations where street racing is prevalent, would give law enforcement an effective tool to address this illegal activity, RECOMMENDATION: That Council adopt the attached ordinance adding Chapter 10.30 section 10,30.010 through 10.30,050 to the Chula Vista Municipal Code related to spectators prohibited at illegal street contest or exhibition of speed, jf'J_1 ¡ 0 ' Page 2, Item ~ Meeting Date: BOARDS/COMMISSIONS RECOMMENDATION: Not applicable, DISCUSSION: Motor vehicle speed contests and exhibitions of speed are more commonly known as street races or drag races, Streets within the City of Chula Vista have been the site of continuing and escalating illegal street racing over the past several years, The illegal street races occur on a regular basis on various streets within the City. Racers and spectators gather on these streets late at night and in the early morning hours, blocking the streets and sidewalks to traffic, forming a racetrack area, placing bets, and otherwise encouraging, aiding and abetting the racing process. Those who participate in this illegal activity are very sophisticated, using their cell phones, police scanners, and other electronic devices to communicate with each other to avoid arrest. They also use the Internet to provide information on where to race, and give advice on how to avoid detection and prosecution. Traffic accidents, property crimes, and calls for police service have increased dramatically, In some cases, illegal street races attract hundreds of spectators. The proposed ordinance (Attachment A) would make it unlawful for: · Any individual to be knowingly present as a spectator, either on a public street or highway, or on private property open to the general public without the consent of the owner, operator, or agent thereof, at an illegal motor vehicle speed contest or exhibition of speed. · Any individual to be knowingly present as a spectator, either on a public street or highway, or on private property open to the general public without the consent of the owner, operator, or agent thereof, where preparations are being made for an illegal motor vehicle speed contest or exhibition of speed, · Any individual to be present at the illegal motor vehicle speed contest or exhibition of speed if that individual is within 200 feet of the location of the event, or within 200 feet of the location where preparations are being made for the event. Exemption: Nothing in this section prohibits law enforcement officers or their agent from being spectators at illegal motor vehicle speed contests or exhibitions of speed in the course of their official duties, / g~ :r Page 3, Item ~ Meeting Date: This ordinance targets a very clear, limited population and gives proper notice to citizens as to what activities are lawful and what activities are unlawful. In discouraging spectators, the act of organizing and participating in illegal street races will be discouraged, NOTIFICATION: Staff members will post public notices in local publications as well as countywide publications, FISCAL IMPACT: There is no net fiscal impact to the General Fund. / gJ 3 Ordinance No. Page 1 AN ORDINANCE OF THE CITY OF CHULA VISTA ADDING CHAPTER 10.30 SECTION 10.30.010 THROUGH 10.30.050 TO THE CHULA VISTA MUNICIPAL CODE RELATED TO SPECTATORS PROHIBITED AT ILLEGAL STREET CONTEST OR EXHIBITION OF SPEED. The City Council of the City of Chula Vista does ordain as follows: SECTION I: That Chapter 10,30 and Sections 10.30,010 through 10,30.050 are hereby added to the Chula Vista Municipal Code, 10.30.010 Purpose. a) The Council for the City of Chula Vista finds and declares that pursuant to California Vehicle Code section 23109, motor vehicle speed contests and exhibitions of speed conducted on public streets and highways are illegal. b) Motor vehicle speed contests and exhibitions of speed are more commonly known as street races or drag races, Streets within the City of Chula Vista have been the site of continuing and escalating illegal street racing over the past several years. c) Such street racing threatens the health and safety of the public, interferes with pedestrian and vehicular traffic, creates a public nuisance, and interferes with the right of private business owners to enjoy the use of their property within the City of Chula Vista. d) In the past five years, the City of Chula Vista has experienced eleven collisions with vehicles involved in street racing. Those collisions claimed the lives of fourteen community members e) The illegal street races occur on a regular basis on various streets within the County of San Diego as well as in Chula Vista, Specifically, racers and spectators gather on these streets late at night and in the early morning hours, blocking the streets and sidewalks to traffic, forming a racetrack area, placing bets, and otherwise encouraging, aiding and abetting the racing process. f) Illegal street racers accelerate to high speeds without regard to oncoming traffic, pedestrians, or vehicles parked or moving nearby, The racers drive quickly from street to street, race for several hours, and then move to other locations upon the arrival of the police. g) Those who participate in this illegal activity are very sophisticated, using their cell phones, police scanners, and other electronic devices to communicate with each other to avoid arrest. They also use the Internet to provide information on where to race, and give advice on how to avoid detection and prosecution. Traffic 18-1 Ordinance No. Page 2 accidents, property crimes, and calls for police service have increased dramatically, In some cases, illegal street races attract hundreds of spectators, h) The mere presence of spectators at these events fuels the illegal street racing and creates an environment in which these illegal activities .can flourish. i) This ordinance targets a very clear, limited population and gives proper notice to individuals as to what activities are lawful and what activities are unlawful. In discouraging spectators, the act of organizing and participating in illegal street races will be discouraged, 10.30.020 Definitions Illegal motor vehicle speed contest or illegal exhibition of speed means any speed contest or exhibition of speed referred to in California Vehicle Code sections 23109(a) and 23109(c). Preparations for the illegal motor vehicle speed contest or exhibition of speed include, but are not limited to, situations in which: (1) a group of motor vehicles or individuals have arrived at a location for the purpose of participating in or being spectators at the event; (2) a group of individuals have lined one or both sides of a public street or highway for the purpose of participating in or being a spectator at the event; (3) a group of individuals have gathered on private property open to the general public without the consent of the owner, operator, or agent thereof for the purpose of participating in or being a spectator at the event; (4) one or more individuals have impeded the free public use of a public street or highway by actions, words, or physical barriers for the purpose of conducting the event; (5) two or more vehicles have lined up with motors running for an illegal motor vehicle speed contest or exhibition of speed; (6) one or more drivers is revving their engine or spinning their tires in preparation for the event; (7) an individual is stationed at or near one or more motor vehicles serving as a race starter. ¡g':J Ordinance No. Page 3 Spectator means any individual who is present at an illegal motor vehicle speed contest or exhibition of speed, or at a location where preparations are being made for such activities, for the purpose of viewing, observing, watching, or witnessing the event as it progresses, Spectator includes any individual at the location of the event without regard to whether the individual arrived at the event by driving a vehicle, riding as a passenger in a vehicle, walking, or arriving by some other means, 10.30.030 Spectator at Illegal Speed Contest or Exhibitions of Speed· Violation (a) Any individual who is knowingly present as a spectator, either on a public street or highway, or on private property open to the general public without the consent of the owner, operator, or agent thereof, at an illegal motor vehicle speed contest or exhibition of speed is guilty of a misdemeanor subject to a maximum of six months in jail and a fine of $1 ,000, (b) Any individual who is knowingly present as a spectator, either on a public street or highway, or on private property open to the general public without the consent of the owner, operator, or agent thereof, where preparations are being made for an illegal motor vehicle speed contest or exhibition of speed is guilty of a misdemeanor subject to a maximum of six months in jail and a fine of $1 ,000. (c) An individual is present at the illegal motor vehicle speed contest or exhibition of speed if that individual is within 200 feet of the location of the event, or within 200 feet of the location where preparations are being made for the event. (d) Exemption: Nothing in this section prohibits law enforcement officers or their agents from being spectators at illegal motor vehicle speed contests or exhibitions of speed in the course of their official duties. /~ - (p Ordinance No, Page 4 10.30.040 Enforcement Procedure Upon any violation of Section 10,30,030 (a) through 10.30.030 (d), a Peace Officer may issue a citation to any person who is a spectator. If cited the person shall appear in court as directed in the citation, 10.30.050 Penalties Violations of Section 10,30,030 (a) through 10.30.030 (d) shall be punished in accordance with Chapter 1.20 of the City of Chula Vista Municipal Code. SECTION II: This ordinance shall take effect and be in full force and effect on the thirtieth day after its second reading and adoption, SECTION III: Severability, If any sections, subsection, sentence, clause, phrase or portion of this ordinance is held invalid or unconstitutional for any reason by any court or competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not effect the validity of the remaining portions. Presented by: Approved as to form by: 7J~~ ()~ City Attorney , U v Rich r . Emerson Chief of Police / g-1 CITY COUNCIL AGENDA STATEMENT Item: ~ Meeting Date: 1/21/03 ITEM TITLE: Public Hearing: PCA-02-05; Proposal to adopt an ordinance amending the Chula Vista Municipal Code by adding Chapter 19.89 relating to the location, design and construction of wireless telecommunications facilities, An Ordinance of the City Council of the City of Chula Vista amending the Chula Vista Municipal Code by adding Chapter 19,89 relating to the location and construction of wireless telecommunications facilities. SUBMITTED BY, Directo, of P'":oio, ~d BUiWiO~ REVIEWED BY: City Manager0¡::'- "'lV (4/5ths Vote: Yes_No KJ !,.¡ \r Pursuant to the goals, objectives and policies of the General Plan, the proposed wireless communications facilities ordinance is intended to regulate the location, design and construction of such facilities in order to serve, protect and promote the public health, safety and welfare, and to preserve and enhance the aesthetic qualities of the City of Chula Vista, The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality (CEQA) and has detennined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary, Future wireless telecommunications facilities proposed under this ordinance will require environmental review in accordance with CEQA, BOARDS/COMMISSIONS RECOMMENDATION: On August 14, 2002, Planning staff brought a draft ofthe wireless telecommunications facilities ordinance to the Planning Commission, (See minutes, Attachment 2.) After discussion, the Commission moved to continue the item so that staff could further analyze their concerns and recommendations for incorporation into the new ordinance, On December 11, 2002, by a vote of 6 to 0, the Planning Commission adopted Resolution PCA-02-05 recommending that the City Council adopt the ordinance amending the Chula Vista Municipal Code by adding Chapter 19,89, Wireless Telecommunications Facilities, RECOMMENDATION: That the City Council adopt the attached draft ordinance amending the Chula Vista Municipal Code by adding Chapter 19,89, Wireless Telecommunications Facilities, 1'1-1 Page 2, Item: \ q Meeting Date: 1/21/03 DISCUSSION: 1, Background In 1997, based on the City's Zoning Ordinance, Planning staff established criteria used to detennine processing procedures for wireless telecommunications facilities, (See Attachment 1, "Criteria Used to Detennine Processing Procedure for Wireless Communications Facilities"), As the volume of wireless telecommunications facilities applications began to increase dramatically over the next several years, it became apparent that a more precise, flexible, and legally sound tool--a wireless telecommunications ordinance--was needed to process these applications, In preparation for writing a wireless telecommunications ordinance for the City of Chula Vista, Planning staff extensively researched wireless ordinances from other municipalities and conducted two workshops (on October 18, 2000 and January 24, 2001) with the Planning Commission and representatives of the wireless telecommunications industry. The workshops provided a forum to discuss issues such as needs, limitations and progress in the industry, and to seek input for potential guidelines and requirements in a future ordinance, As a result of the workshops, there appeared to be a general consensus between Planning staff, the Planning Commission and industry representatives that the City's existing wireless policy should be streamlined to simplify and expedite processing applications for wireless telecommunications facilities. (Currently, all new structures for wireless telecommunications facilities are required to go to both Planning Commission and City CounciL) Staff and the Planning Commission also felt that it was particularly important that perfonnance and design standards of such facilities not be compromised in the process, On October 24, 2001 Planning staff met with the Planning Commission to summarize the proposed wireless telecommunications ordinance that staff had drafted. The Planning Commission had no suggested changes at that time, After incorporating some changes recommended by the city attorney's office, Planning staff brought a draft of the wireless telecommunications ordinance to the Planning Commission on August 14, 2002. After discussion, the Commission moved to continue the item so that staff could return with additional background infonnation, On December 11, 2002, the Planning Commission adopted Resolution PCA-02-05 recommending that the City Council adopt the ordinance amending the Chula Vista Municipal Code by adding Chapter 19,89, Wireless Telecommunications Facilities, 2, Analysis The purpose of the ordinance is to "assure that wireless telecommunications networks are Jq # ;)- Page 3, Item: \ O¡ Meeting Date: 1/21/03 completed with the fewest possible facilities, in the least visible fashion, and with the least disruptive impact on neighborhoods and communities within the City of Chula Vista," The ordinance will provide that: · Conditional Use Pennits will continue to be required for all wireless telecommunications facilities, except those located on city property or rights of way. Such facilities will be regulated through administrative rules, policies, programs, or agreements approved by the city council and drafted consistent with the general policies established in CVMC 19,89,010. · Wireless telecommunications facilities will continue to be allowed in any zone, but the location of a facility may be denied if it would be detrimental to the public's health, safety or welfare. The proposed ordinance discourages such facilities in residential zones, and any facility proposed on a residential lot in a single- family or two-family residential zone shall require a public hearing with the Planning Commission, In addition, the proposed ordinance discourages, but does not prohibit, co-location for sites located on a residential lot in a single-family or two-family residential zone, · All proposed wireless telecommunications facilities will continue to be noticed, · The City's Zoning Administrator may continue to administratively process "stealth" facilities that are building- or surface-mounted directly to a building, to the façade of a building, or to the side of another structure such as a water tank, church steeple, freestanding sign, streetlight, or similar structure, but not the roof of any structure, · The authority of the City's Zoning Administrator will be expanded by allowing the following to also be processed administratively by the Zoning Administrator: Stealth facilities that do not exceed the maximum building height allowed in a particular zone, and a roof-mounted facility that is screened behind a solid material on all four sides and does not exceed the maximum height of the zone, (Stealth facilities may include artificial trees, such as monopalms and monopines,) 3, Conclusion Staff believes the proposed wireless telecommunications facilities ordinance is a precise, flexible, and legally sound document that will help ensure the fewest possible facilities, in the least visible fashion, and with the least disruptive impact on neighborhoods and communities within the City of Chula Vista, And that processing applications for such facilities will be streamlined in two ways: I) by allowing more applications to be processed administratively; and 2) by eliminating the necessity for non-administrative applications to go to City Council (because they will no longer be an "Unclassified Use"). Therefore, staff and the Planning Commission recommend that the City Council adopt the attached draft ordinance amending the Chula Vista Municipal Code by adding Chapter 19,89, Wireless Telecommunications Facilities, /q..3 Page 4, Item:---1L Meeting Date: 1/21/03 FISCAL IMP ACT: Applications for pennits under the proposed ordinance will continue to pay necessary processing fees, resulting in no impact to the City's General Fund. Attachments Attachment 1 - "Criteria Used to Determine Processing Procedure for Wireless Communications Facilities" Attachment 2 - Planning Commission Resolution PCA-02-05 with Ordinance attached Attachment 3 - August 14,2002 Planning Commission minutes ¡q- ¥ CRITERIA USED TO DETERMINE PROCESSING PROCEDURE FOR WIRELESS COMMUNICATIONS FACILITIES Sections 19.14.030.A.l and 19.14.030.A.2 of the Zoning Ordinance delegate authority to the Zoning Administrator to consider certain types of conditional use permits without benefit of public hearings. This authority extends to considering wireless communication facilities that fall under the specific definitions outlined in these subsections. Section 19.14.030 states: "19.14.030 Zoning adminimator-Actions authorized without public bearing. The zoning admini.trator is authorized to consider and to approve, disapprove or modify applications on the following subjects, andI or issue the following required permits without setting the matter for a public hearing: A. Conditional use permit: The zoning adm;ni.trator shall be empowered to issue conditional use permits, as defined herein, in the following circumstances: 1. Where the use to be permitted does not invoIve the construction of a new building or other substantial structural improvements on the property in question. 2. Where the use requiring the permit would make use of an existing building and does not involve substantial remodeling thereof. " Specific examples of admini.t:rative vs. public hearing criteria used in the past to justiiy how a given use permit for a wireless communication facility is processed follows: Administrative Permits I. If the wireless communications facility (WCF) is to be architecturally integrated into an existing structure and it "does not involve the construction or '.. other substantial structural improvements," and "would make use of an existing building and does not involve substantial remodeling thereof," they are processed administratively. "Architectural integration" includes facilities that are: A. Roof-mounted in a penthouse struCture that matches the architectural style, color and texture of the existing structure. The BTS units can be either placed inside the building or outside. If it is located outside the structure, depending on its location, landscaping or some other type of screening may be required. If the building is tall enough, the facility does not need to be screened as the height of the building hides it. There is only one location in Chula Vista where this is the case, specifically, Community Hospital on Medical Center Drive. Iq~s ATTACHMENT 1 WCF: Processing Procedure B. Facade-mounted antennas that are textured and colored to match the existing structure. In this case, the antennas appear to be "articulation" as pop-out features and give some relief to an otherwise flat wall. In some cases, the BTS units are mounted on the roof behind a parapet wall or they are handled as above. Page #2 C. Antennas that are mounted on existing utility structures such as SDG&E lattice towers. In this case, the BTS unit is plaœd at the base of the tower. To date, no landscaping or screening has been required. All of the above examples fall under either 19.14.030.A.l or 19.14.030.A.2. Permits Reauirinl! Public Hearinl!s n. In all cases where a monopole facility has been proposed, the use permit has gone before the Planni11g Commission and the City CouncillRedevelopment Agency for fina1 approval. This procedure is followed because a monopole is considered a new "building" which cannot be architecturally integrated. The other circumstance which will push a project into the public hearing track is if there is substantial neighborhood opposition, as determined by the Zoning Adrnini~trator. The Zoning Admini~trator has this authority in all such administrative cases, not only when related to wireless communications facilities. m:\home\planninglmartin\wirel~\process,doc February 25, 1997 Iq-~ RESOLUTION NO. PCA-02-05 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE AMENDING THE CHULA VISTA MUNICIPAL CODE BY ADDING CHAPTER 19,89 RELATING TO THE LOCATION, DESIGN AND CONSTRUCTION OF WIRELESS TELECOMMUNICATIONS FACILITIES WHEREAS, the City wishes to regulate the location, design and construction of wireless telecommunication facilities in Chula Vista in order to serve, protect and promote the public health, safety and welfare, and to preserve and enhance the aesthetic qualities of the City of Chula Vista, asset forth in the Goals, Objectives and' Policies of the General Plan; and WHEREAS, the City believes that wireless telecommunications networks should be completed with the fewest possible facilities, in the least visible fashion, and with the least disruptive impact on neighborhoods and communities within the City of Chula Vista, while concurrently allowing for the orderly and efficient development of a wireless telecommunication infrastructure in accordance with the federal Telecommunications Act of 1996; and WHEREAS, the Planning and Building Director set the time and place for a hearing on said ordinance, and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City at least 10 days prior to the hearing; and, WHEREAS, the hearing was continued from July 10, 2002 to July 24, 2002, and then to August 14, 2002 at 6:00 p.m, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission, and said hearing was thereafter closed; and, WHEREAS, the Planning Commission considered all reports, evidence, and testimony presented at the public hearing with respect to the ordinance; and, WHEREAS, the item was continued until December 11, 2002 so that staff could further analyze the Planning Commission's concerns and recommendations for incorporation into the new ordinance; and, WHEREAS, the Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. Future wireless telecommunications facilities proposed under this ordinance will require environmental review in accordance with CEQA; and, /9-1 ATTACHMENT 2 WHEREAS, from the facts presented, the Planning Commission hereby determines that the Wireless Telecommunications Facilities Ordinance (hereinafter "Ordinance") is consistent with the City of Chula Vista General Plan and local, state, and federal law, and that the public necessity, convenience, general welfare and good zoning practice support the requests. NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION does hereby recommend that the City Council adopt the attached Ordinance amending the Chula Vista Municipal Code to regulate the location' and design of wireless telecommunications facilities 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 11th day of December, 2002, by the following vote, to wit: AYES: Cortes, Castaneda, Hall, Hom, Madrid, O'Neill NOES: ABSENT: ABSTAIN: Russ Hall, Chair Diana Vargas, Secretary ¡q-g MINUTES OF THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA 6:00 p.m. Wednesday, August 14, 2002 Council Chambers Public Services Building 276 Fourth Avenue, Chula Vista ROll CAW MOTIONS TO EXCUSE: Present: Chair O'Neill, Commissioners Castaneda, Hall, Cortes, Madrid, McCann, Hom Staff Present: Jim Sandoval, Assistant Director of Planning and Building John Schmitz, Principal Planner Rich Whipple, Associate Planner Kim Vander Bie, Associate Planner Michael Walker, Associate Planner Dave Hanson, Deputy City Attorney I PLEDGE OF ALLEGIANCE/SILENT PRAYER INTRODUCTORY REMARKS: Read into the record by Chair O'Neill APPROVAL OF MINUTES: MSC (O'Neill/Castaneda) (4-0-3-0) to approve Minutes of June 12, 2002 as submitted. Motion carried with Commissioners McCann, Madrid and Horn abstaining. MSC (O'Neill/Castaneda) (4-0-3-0) to approve Minutes of July 10, 2002 as submitted. Motion carried with Commissioners Hall, Madrid and Horn abstaiing. ORAL COMMUNICATIONS: No public input. 1. PUBLIC HEARING: PCA 02-05; Consideration of adoption of an ordinance amending the Chula Vista Municipal Code by adding Chapter19.89 relating to the location, design and construction of wireless communication facilities. Background: Kim VanderBie, Associate Planner reported that staff researched wireless ordinances in other municipalities and conducted two workshops, which included ¡q"q ATTACHMENT 3 Planning Commission Minutes - 2 - August 14, 2002 representatives from the wireless communication industry, The workshops provided a forum to discuss issues such as needs, limitations and progress in the industry and to seek input for potential guidelines and requirements in a future ordinance, As a result of the workshops, there appeared to be a general consensus that the existing policy should be streamlined to simplify and expedite processing applications and that it was very important the performance and design standards not be compromised in the process. The proposed ordinance is consistent with several aspects of the existing wireless policy, which includes: · A Conditional Use Permit is required for all wireless facilities · Wireless communication facilities are allowed in any zone, but the location of a facility may be denied if it would be detrimental to the public's health, safety or welfare, · All proposed wireless communications facilities are noticed · Stealth facilities may be processed by the City's Zoning Administrator The proposed ordinance streamlines the existing wireless policy by also allowing the following to be processed administratively by the City's Zoning Administrator: · Stealth facilities (*) that do not exceed the maximum building height allowed in a particular zone, and a roof-mounted facility that is screened behind a solid material on all four sides and does not exceed the maximum height of the zone. (*) Stealth facility - defined in the proposed ordinance as any wireless telecommunications facilities that is designed to blend into the surrounding environment and is visually unobtrusive i,e, architecturally screened roof- mounted antennas, façade-mounted antennas painted and treated as architectural elements to blend with the existing building thereby concealing the antenna or artificial trees such as monopalms and monopines Staff recommendation: That the Planning Commission adopt Resolution PCA 02-05 recommending that the City Council adopt the draft ordinance amending the Chula Vista Municipal Code by adding Chapter 19,89, Wireless Communications Facilities. Commission Discussion: Commissioner Castaneda stated that since federal law precludes local jurisdictions from regulating health matters related to wireless facilities, he asked for further clarification as to what other health conditions would apply under the language which states "Wireless facilities are allowed in any zone, but the location of a facility may be denied if it would .,n ~; {/If-" { ¡ Planning Commission Minutes - 3 - August 14, 2002 be detrimental to the public's health, safety or welfare," Ms. Vander Bie responded that issues relating to traffic, noise or those that are visually obtrusive could fall under that category and would be consistent with the General Plan, which requires that issues such as safety, health and welfare be taken into consideration. Cmr. Castaneda asked, if the CUP were to be approved administratively, would there still be some kind of notice sent to the area residents and what would be the determinant factor that would compel staff to forward it to the Planning Commission. Ms. Vander Bie clarified that all wireless facilities are noticed to the surrounding residents, however, if there is any kind of opposition (big or small) expressed by the residents, then the item would al1tomatically come before the Planning Commission for consideration. Commissioner Hall stated that in the past when the Commission considered facilities that were located on City property, specifically park facilities, their recommendation has been to designate the revenues generated from the leasing of City property to go to the facility that is hosting it, therefore, he asked if this ordinance would be the appropriate venue to include such language or provision. Jim Sandoval, Assi stant PI an n i ng Director responded that the ord i nance does not add ress the Commission's recommendation, however, a process relating to usage of City-owned property will be developed in conjunction with the Special Operations Manager in the City Manager's office which, would be a more appropriate venue to address this issue. Furthermore, before Planning staff begins review of any project that is proposed to be located on City property, prior review and sign-off has to first be given from the Parks Department and/or from the Special Operations Manager who deals with financial negotiations and leasing of City-owned property. Commissioner Cortes stated that since it appears there will be a substantial amount of facilities that will be approved administratively, he would like to request that staff provide the Commission with a periodic I1pdate report as to the location, description and number of facilities that have been approved by the Zoning Administrator. Commissioner Madrid stated she didn't read any language regarding the term of the CUP or language which would allow the City leverage in requiring the carriers to upgrade the facility should there be substantial technological changes. Ms. Vander Bie responded that there is a standard Condition of Approval which says that the CUP is good for five years provided they are in compliance with the Conditions of /q ~ / / Planning Commission Minutes - 4 - August 14, 2002 Approval and at the end of the term, they are eligible for a renewal. There is also a standard condition which addresses enhancements to the facilities should there be technological changes, John Schmitz, Principal Planner, added that at such time when a CUP expires and the applicant desires to renew the permit, an evaluation of the facility would be conducted uti I izi ng existi ng standards, Commissioner O'Neill stated he has a different philosophical approach and questioned why City property should be treated differently, in that wireless facilities being proposed on public property can be processed administratively, whereas, only stealth ones on private property are eligible for an administrative approval. In his opinion, the present public hearing process through the Planning Commission is a more accessible venue to the citizens if they have a concern with a facility going into a park, Cmr. O'Neill further stated that he believes that all facilities proposed in the R-l zone (stealth or otherwise) should come before the Planning Commission. Commissioner Castaneda stated that he agrees with the following recommendations offered by Chair O'Neill and Commissioner Cortes: · To provide residents a more accessible venue in which to voice their concerns by having the Commission continue to review the more sensitive sites, i.e. those in the R-l zone and park facilities, · that staff provide the Commission with a yearly report apprizing them on the number of facilities that were processed. · That the report identify the aging of the CUP's, including how many sites are out of service, and what measures the City is using to ensure that they are dismantled; and · That a recommendation be forwarded to the City Council expressing the Commission's desire that any revenues generated by the leasing of parks or recreational facilities be redirected back into the hosting facility or to the Parks & Recreation Department budget. Commissioner McCann stated that he is supportive of staff's recommendations and sees the need to grant staff more discretionary approval in order to streamline the process, however, he is also supportive of the concerns and recommendations made by other commissioners and was wondering if it would be appropriate to continue this item in order to allow staff time to incorporate the Commission's recommendations and further fine-tune the ordinance proposal. Commissioner O'Neill summarized his recommendations as follows: . That any proposal in the R-l zone come before the Planning Commission; . Depending on the impact of a façade-mounted facility on an existing building that /q--/:;.- Planning Commission Minutes - 5 - August 14, 2002 underwent Design Review approval, such facility shall also be subject to Design Review approval. · That there be homogeneous language between what happens on publ ic property and any other site, There ought not to be any need to treat what happens on public property any differently in terms of the ordinance and then the process, MSC (Castaneda/McCann) (7-0) that this item be continued in order to allow staff time to incorporate the Commission's concerns and recommendations, which are: · That any proposal located in the R-1 zone and public facilities be subject to review by the Planning Commission; · That depending on the impact of a façade-mounted facility on a building that underwent DRC approval, the proposal shall also be subject to Design Review. · That a recommendation be forwarded to City Council recommending that revenues generated from leasing of public parks or recreation facilities be channeled back into the hosting facility or the Parks and Recreation budget; and · That staff's report incorporate language reflecting the Commission's desire to have an annual report provided to them. Motion carried. ¡q- ORDINANCE NO. AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE CHULA VISTA MUNICIPAL CODE BY ADDING CHAPTER 19.89 RELATING TO THE LOCATION AND CONSTRUCTION OF WIRELESS TELECOMMUNICATIONS FACILITIES WHEREAS, the City wishes to regulate the location, design and construction of wireless telecommunication facilities in Chula Vista in order to serve, protect and promote the public health, safety and welfare, and to preserve and enhance the aesthetic qualities of the City of Chula Vista, as set forth in the Goals, Objectives and Policies of the General Plan; and WHEREAS, the City believes that wireless telecommunication networks should be completed with the fewest possible facilities, in the least visible fashion, and with the least disruptive impact on neighborhoods and communities within the City of Chula Vista, while concurrently allowing for the orderly and efficient development of a wireless telecommunication infrastructure in accordance with the federal Telecommunications Act of 1996; and WHEREAS, there is a general consensus between City staff, the Planning Commission and wireless industry representatives that the City's existing wireless policy should be streamlined to simplify and expedite processing applications for wireless telecommunications facilities; and WHEREAS, to streamline the process, this Ordinance sets forth specific design and operation standards and allows certain visually unobtrusive wireless telecommunication facilities to be processed administratively by the City's Zoning Administrator; and WHEREAS, the City Planning Commission considered all reports, evidence, and testimony presented at the August 14, 2002 and December 11, 2002 public hearings with respect to this Ordinance and voted to recommend its adoption; and WHEREAS, the Environmental Review Coordinator has reviewed this Ordinance for compliance with the California Environmental Quality (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA and no environmental review is necessary - although, future wireless telecommunications facilities proposed under this ordinance will require environmental review in accordance with CEQA; and J q - 14 NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain: SECTION I. That Chapter 19,89 of the Chula Vista Municipal Code is hereby added to read as follows: Chapter 19.89 WIRELESS TELECOMMUNICATIONS FACILITIES Sections: 19.89.010 19.89.020 19.89.030 19.89.040 19.89.050 19.89.060 19.89.070 19.89.010 Purpose Scope Definitions Permit processing Development criteria Variance Abandonment Purpose. The purpose of these regulations and guidelines is to assure that wireless telecommunication networks are completed with the fewest possible facilities, in the least visible fashion, and with the least disruptive impact on neighborhoods and communities within the City of Chula Vista, The regulations set forth in this chapter are adopted to serve, protect and promote the public health, safety and welfare, and to preserve and enhance the aesthetic qualities of the City of Chula Vista, as set forth in the Goals, Objectives and Policies of the General Plan, while concurrently allowing for the orderly and efficient development of a wireless telecommunication infrastructure in accordance with the federal Telecommunications Act of 1996, 19.89.020 Scope. This chapter shall apply to all wireless telecommunications facilities anywhere in the City of Chula Vista. 19.89.030 Definitions. Unless otherwise stated, the following definitions pertain to this chapter: ¡q-15 2 Antenna. A device or system of wires, poles, rods, dishes or other devices of similar function, used for the transmission and/or reception of radio frequency signals for wireless telecommunications, as described in the Telecommunications Act of 1996, Antenna array. A set of one or more whips, panels, discs or other devices used for the transmission or reception of radio frequency signals as part of a wireless telecommunications system, It may include an omni-directional antenna ("ship"), a directional antenna ("panel") and parabolic antenna ("disc"). It does not include the support structure. Cellular, An analog or digital wireless telecommunications technology that is based on a system of interconnected neighboring transmission and/or reception sites, Co-location, The use of a common wireless telecommunications facility or common site by two or more service providers, or use by one provider of a single site for two or more technologies. It is also called "site sharing," Equipment facility. Also called "equipment", "equipment enclosure" or "cabinet". Any structure or device used to contain ancillary equipment for a wireless telecommunications facility, such as cabinets, shelters, additions to existing structures, pedestals, and other devices serving similar purposes. Typically, it includes an air conditioning unit, a heating unit, electrical supply, telephone hook-up and back-up power supply. Façade-mounted antenna, Also called "building-mounted" or "surface-mounted", An antenna that is directly attached to a building, to the façade of a building, or to the side of another structure such as a water tank, church steeple, freestanding sign, streetlight, or similar structure, An antenna attached to the roof or top of a structure is not a façade-mounted. Ground-mounted. Mounted to a pole, monopole, tower, or other freestanding structure specifically constructed for the purpose of supporting an antenna. Lattice tower. A self-supporting structure which consists of cross-bracing of structural steel to support antennas and related transmission equipment. Monopole, A structure composed of a single spire, pole, or tower used to support antennas or related wireless telecommunications equipment. Flagpoles of typical height, diameter, and location are not considered monopoles, Mounted. Attached to or supported by. Personal Communications Service (PCS). Digital, low-power, high frequency commercial wireless radio communication technology that has the capacity for multiple communications services and the routing of calls to individuals, regardless of location. ,C)-lip 3 Roof-mounted. Mounted above the eave line of a building or structure. Stealth Facility, Any wireless telecommunications facility that is designed to blend into the surrounding environment, and is visually unobtrusive. Examples may include architecturally screened roof-mounted antennas; façade-mounted antennas painted and treated as architectural elements to blend with the existing building, thereby concealing the antenna; or artificial trees, such as monopalms and monopines; and flag poles of typical height, diameter, and location, TCA. The federal Telecommunications Act of 1996, Telecommunications. The transmission, between or among points specified by the user, of information of the user's choosing (including voice, data, image, graphics, and video), without change in the form or content of the information. Wireless telecommunications facility. Also called "wireless facility" or "facility". A facility consisting of any commercial antenna, monopole, microwave dish, and/or other related equipment (including software) necessary for the transmission and/or reception of cellular, personal communication service, and/or data radio communications. 19.89.040 Applicability to city property and rights of way. Notwithstanding CVMC 19.89.020, wireless telecommunication facilities located on city property, rights of way, or other possessory and non-possessory interests in land shall not be subject to this chapter. Regulation of such facilities shall be accomplished through administrative rules, policies, programs, or agreements approved by the city council and drafted consistent with the general policies established in CVMC 19.89.010, 19.89.050 Permit processing. A conditional use permit (CUP) as provided for in this Title is required for all wireless telecommunications facilities subject to this chapter. Before a permit will be granted, the operator or proposed operator of a wireless telecommunications facility must be specified and such operator must be legally approved by all applicable state and federal authorities to provide wireless telecommunications in the city, The following wireless telecommunications facilities applications may be processed administratively by the city's zoning administrator: stealth facilities that do not exceed the maximum building height allowed in a particular zone; facilities that are façade- mounted and do not exceed the height of the parapet wall or roof line of the building; or a roof-mounted facility that is screened behind a solid material on all four sides and does not exceed the maximum height of the zone. All other wireless telecommunications facilities applications for conditional use permits, including any facility located on a vacant or residentially used lot in a single-family or two-family /0-/7 4 residential zone, shall require public hearings with the City of Chula Vista Planning Commission. A denial of any application for a wireless telecommunication facility shall be based on the grounds of safeguarding the public's health, safety or welfare; be in writing; and set forth findings specifying the evidence for such denial. 19.89.060 Development criteria. The following is development criteria for all wireless telecommunications facilities located within the city: A. Design standards. 1. Height. Wireless telecommunications facilities are subject to the height limitation stipulated in this Title and shall be as short as technologically feasible, Notwithstanding the application of such height limitations, the planning commission (but not the zoning administrator) may allow stealth design facilities to exceed the zone district height limit upon a specific finding that the proposed height is the only technologically feasible option for providing service to an area. 2. Stealth technology and design, Wireless telecommunications facilities shall utilize all practical means to conceal or minimize the visual impact thereof, including: a. Smallest technology. The facility shall use and maintain the physically smallest practical devices to achieve the needs of the wireless telecommunications network, b. Most efficient technology, The facility shall use and maintain the most efficient devices to achieve the needs of the wireless telecommunications network. In this context, "most efficient" means using the smallest number of facilities needed to achieve the needs of the network, c, Stealth design. The facility shall be designed to be visually unobtrusive and blend into the surrounding area in a manner compatible with the local community character. Sites shall be maintained in good repair and appearance, and, to the extent possible, shall be improved and upgraded on a regular basis. Any proposed change that deviates from the original approval shall be submitted to the city's zoning administrator for over-the-counter review and approval. /9-1 rg 5 3. Co-location. Wireless telecommunication facilities shall be co-located to the extent practicable. They should also be constructed and sited to accommodate the future co-location of other facilities. Conditional use permit applications for wireless telecommunications facilities that are not to be co-located shall contain a written statement that a good faith effort was made to attempt co-location at another site. Such statement shall also declare the justification for deciding not to co-locate. Likewise, conditional use permit applications for wireless telecommunication facilities that are not to be constructed and sited to accommodate the future co-location of other facilities shall contain a written statement declaring the justification for failing to do so, Co-location is discouraged, but not prohibited, for sites located on a residential lot in a single-family or two-family residential zone, 4, Parking displacement. Wireless telecommunications facilities shall not reduce available parking space below that which is required by applicable zoning laws. 5. Setbacks. All components of all wireless telecommunications facilities shall meet the setback requirements of the zoning district in which it is proposed to be located. 6, Colors and materials. Colors and materials shall be chosen to minimize visibility. All externally visible elements of a facility, including the antenna and supporting equipment, shall be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure and/or its surroundings, so as to make the antenna and related equipment as visually unobtrusive as possible. Proposed colors shall be identified by manufacturer and color name or number. 7, Visual integration of antennas. Facade-mounted antennas shall be architecturally integrated into the style and character of the structure, and painted and textured to match or complement the existing structure. Roof-mounted antennas shall be constructed at the minimum height possible to serve the provider's service area, shall be designed to minimize visibility from the surrounding areas, and painted and textured to match or complement the existing structure or building. 8. Freestanding facilities. Freestanding facilities, including ground- mounted antennas and monopoles, are discouraged and may be used only when no other alternative is feasible. When allowed, freestanding facilities shall be designed to the minimum functional height and width, Lattice towers are prohibited. Iq~¡q 6 9. Landscaping. When portions of the facility are exposed to public view, they shall be landscaped with visual buffering, such as plant materials, walls and/or mounds that screen the view of the facility from public rights of way, public parklands and nearby residential properties. Existing mature growth trees and natural landforms on the site shall be preserved to the maximum extent feasible, Native plantings are to be used to the maximum extent possible, 10, Equipment enclosures. All equipment shall be placed completely underground when feasible or located inside an existing building, If such placement is not feasible, the equipment shall be completely enclosed within a solid-walled enclosure or building. Enclosures may not exceed 10 feet in height measured from the base of the foundation unless a greater height is necessary to maximize architectural integration and shall be screened by landscaping. Any visible cabinets, cables, air conditioning units, fencing, etc., shall be painted and textured to match the surrounding area so as to minimize visibility, 11, Preventive design. All facilities shall be designed to be resistant to and minimize opportunities for unauthorized access, climbing, vandalism, graffiti, and other conditions that would result in hazardous conditions or visual blight. 12, Access to facilities. All wireless telecommunication facilities shall be accessed from non-residential streets or right of ways to the maximum extent practical. Any constructed access shall be sited to avoid residential areas, streets or right of ways to the maximum extent practical. 13. Construction methods. All wireless telecommunication facilities shall be built in accordance with Uniform Building Code standards and, to the extent feasible, be protected against damage by fire, flooding, and earthquake, Reasonable measures shall be taken to keep wireless facilities in operation in the event of a natural disaster. 14. Signs, Other than required safety warning signs, no signs shall be placed on facilities or equipment. 15. Modifying or upgrading facilities. When modifying or upgrading wireless facilities, existing antennas and equipment shall, to the extent feasible, be replaced with antennas and equipment of equal or greater technical capacity and reduced size so as to reduce visual and noise impacts. J q... ;)0 7 B, Operation and maintenance. 1. Security lighting, Security lighting shall be kept to a minimUm, Any security lighting that may spill into residential zoning districts is discouraged and shall only be activated by a motion detector. 2. Grounds maintenance. All facilities and related equipment shall be maintained in good working order and free from trash, debris, graffiti and any form of vandalism. Any damaged equipment shall be repaired or replaced within thirty (30) calendar days of sustaining such damage. Graffiti shall be removed within forty-eight (48) hours of being notified by the city or others of its existence. Facilities containing landscaping elements shall be maintained in good condition at all times, Damaged, dead or decaying plant materials shall be removed and replaced within thirty (30) calendar days of sustaining such damage. 3, Facility maintenance, Routine maintenance of equipment located in residential zones or within one hundred (100) feet of a residential district, not requiring the facility to be taken "off line", shall be conducted only during the weekday hours of 8:00 a,m. to 5:00 p.m., holidays excepted. In other areas, and when a facility must be taken "off line", routine maintenance may be conducted at any time. Emergency repairs and maintenance shall be conducted only in the cases of power outages and equipment failure or malfunction, 4. Noise attenuation. Each wireless telecommunications facility shall be operated in a manner that will minimize noise impacts to surrounding residents and persons using nearby parks, trails, and similar recreation areas. To achieve this objective, all air conditioning units and any other equipment emitting noise that is audible from beyond the property line on which a facility's is located shall be enclosed or equipped with noise attenuation devices that reduce the noise to the lowest feasible level. Backup generators shall only be operated during periods of power outages or for testing. 19.89.070 Variance. Any person may apply for a variance subject to the requirements and conditions of this Title. 19.89.080 Abandonment. A. Prompt removal. Notwithstanding provisions to the contrary found elsewhere in this Title, a wireless telecommunications facility is considered abandoned { q - J-I 8 and shall be promptly removed as provided herein if it ceases to provide wireless telecommunication services for 180 or more days. Such removal shall be in accordance with proper health and safety requirements and all ordinances, rules, and regulations of the City. B. Notice, appeal and hearing. A written notice of the determination of abandonment, as noted in subsection (A) of this section, shall be sent by certified first class mail, return receipt requested, or personally delivered to the operator of the wireless telecommunications facility at said operator's business address on file with the city or the operator's agent for service of process on file with the California Secretary of State. Service shall be effective on the date the notice was signed for or received, If the mailed notice is returned unsigned, service shall be deemed effective three business days after the mailing of a duplicate notice by regular first-class mail. The notice shall explain the consequences of failing to remove the facility and identify all hearing/appeal rights, The operator may appeal the determination of abandonment within ten (10) business days of being served with the notice. After receiving the appeal, city staff shall schedule a hearing on the matter to be conducted before the planning commission at which time the operator may present any relevant evidence on the issue of abandonment. The planning commission may affirm, reverse, or modify with or without conditions the determination of abandonment and shall make written findings in support of its decision, The decision of the planning commission shall be final. C, Nuisance, Any wireless telecommunications facility determined to be abandoned and not removed within thirty (30) calendar days from the date of notice, or where an appeal has been timely filed, within such time as prescribed by the planning commission following its final determination of abandonment, shall be in violation of this chapter, and the operator of such facility shall be subject to the penalties prescribed in this Title and Title 1 of the Chula Vista Municipal Code, Facilities determined to be abandoned and not removed within the time limits prescribed herein, are deemed to be a nuisance, and notwithstanding the procedure described in subsection (B) of this section, may be abated as a nuisance in any manner provided by law. 19.89.080 Severability. If any section, subsection, sentence, clause, phrase or word of this chapter is for any reason determined to be unconstitutional, invalid, void or unenforceable by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Chapter, jq-JJ. 9 The city council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, phrase or word thereof irrespective of the fact that anyone or more sections, subsections, paragraphs, sentences, clauses, phrases or words be declared unconstitutional, invalid, void or unenforceable, SECTION II. This Ordinance shall take effect and be in full force on the thirtieth day from and after its adoption, Submitted by: Approved as to form by: bY IÎ ÍL. Robert A. Leiter Planning and Building Director .J)~ 7. ~ John M. Kaheny City Attorney r..z.. ¡q-:Jß 10 COUNCIL AGENDA STATEMENT Item cJ 0 Meeting Date 1/11/03 ITEM TITLE: Public Hearing to consider the adoption of an urgency ordinance modifying the existing Otay Ranch Pedestrian Bridge Development Impact Fee and Area of Benefit Urgency Ordinance Amending the Otay Ranch Village 1 and 5 Pedestrian Bridge Development Impact Fee to include Village 6 to pay fòr pedestrian bridge improvements as a condition of issuance of building permits, SUBMITTED BY: Director OfEng1l1eCri~ REVIEWED BY: City Manage(;;¡Y ., (4/5ths Vote: Yes.1L No.....J J-<,9'" On December 17,2002 the Council adopted Ordinance No, 2892 and Urgency Ordinance No, 2892- A, modifying the Otay Ranch Village 1 and 5 Pedestrian Bridge Development Impact Fee (Ped Bridge DIF) and expanding the Arca of Benefit of the Ped Bridge DIF program, This proposed Urgency Ordinance will enable the City to continue to collect the fee during the 60-day waiting period before the regular ordinance becomes effective, The public hearing has been duly noticed, RECOMMENDATION: That Council conduct the public hearing and approve the urgency ordinance modifying the existing Otay Ranch Pedestrian Bridge Development Impact Fee and Area of Benefit. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.. DISCUSSION: The Otay Ranch Pedestrian Bridge Development Impact Fee (Ped Bridge DIF) Update Ordinance 2892 was adopted on December 17, 2002, Thc Ordinance will become effective 60 days after its approval. Urgency Ordinance 2892-A was also adopted on December 17, 2002, The new Ped Bridge DIF fee is fully explained in the December 17,2002 agenda statement, attached hereto as Exhibit 1, Tonight's ordinance, if adopted, will extend the new fee for an additional 30 days, A second extension of the urgency ordinance will be brought to Council in the tllture to continue the new fee until the regular Ordinance becomes effective, The new Ped Bridge DIf fee approved by Council is $783 per equivalent dwelling unit (EDU) and is the same fee adopted in the urgency ordinance. , Table 1 presents the rates for the different land uses: Single Family Residential (0-8 DUlAcre)) Multiple Family Residential (>8 DU~Acr~_ Table t. Proposed Fee $783/DU $S80/D U !)O ~I Page 2, Item ~ Meeting Date 1/21/03 Findings Staff recomrnends 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 pedestrian bridge improvements 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, which will result should there be a shortfall in the amount of money necessary to pay for the pedestrian bridge facilities, The prospect of a shortfall and an increased charge to remaining property owners constitutes a current irnmediate 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 determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section ] 5060(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 will 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 IMP ACT: The Ped Bridge Development Impact Fee, as for all of the City's Development Impact Fees, is maintained separately from the general tì.md, The developers have paid for all costs related to update, The fair-share maintenance costs associated with all Otay Ranch pedestrian bridges are funded by the Community Facilities Districts in which they arc located, Exhibits: I, COllncil Agenda Statement for December 17,2002 J:\Engil1eer\LANDDEV\Projects\Otay Ranch ViIJagc 6\Pcu Bridge\Urgency ord ß.doc ~ - ;;). £p//15IT 1 COUNCIL AGENDA STATEMENT Item 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 Benetìt. Resolution 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 I, 5 and 6, Ordinance Amending the Otay Ranch Village I and 5 Pedestrian Bridge Developrnent 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 of Public Works REVIEWED BY: City Manager (4/5ths Vote: Yes l No.-J The City Council established the original Otay Ranch Pedestrian Bridge Development Impact Fee (Ped Bridge DlF) 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, half of a bridge between Village 1 and 2 over Olympic Parkway ¡md half of a bridge between Village 5 and 6 also over Olympic Parkway, The La Media Road bridge has been completed by McMillin Co. and is in service, The Village 6 tentative maps for McMillin and Otay Project have similar requirements to fund the construction oftheir fair shares ofthc 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 tì.mding for the completion of four bridges as the Villages buildout. The fee, payable at issuance ofa building permit, will increase to $783 per equivalent single fan1ily dwclling unit (EDU) J1'om $545 currcntly, The proposcd Urgency Ordinance will enable the City to collect the fee during the 60-day waiting period before the rcgular ordinance becomes effective, The public hearing has been duly noticed, RECOMMENDATION: That Council: J, Conduct the Public Hearing; 2, Approve the Resolution accepting the report prepared by Development Planning and Financing Group (Ped Bridge Report); dO -3 Page 2, Item Meeting Date 12/17/02 3, Adopt the 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(first reading); 4, Adopt the Urgency Ordinance Amending the Otay Ranch Village I and 5 Pedestrian Bridge Development Impact Fee to include Village 6 to pay for pedestrian bridge improvements, BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable DISCUSSION: A condition of approval of both McMillin's and Otay Project's Village 6 tentative maps is the establishment ofa 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 1 showing thcse 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 I (Villages I 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 1 and, after setting aside funds estimated to be needed to construct the remaining two half bridges, Staff projects a remaining balance in the DIF of about $547,000, Statl, together with McMillin and Otay Project, is proposing to revise the existing DIF by expanding the Area of 13enetit to include Village 6, Funds collected at issuance of building permits in Village 6 would be added to the balance and would contribute to the construction of all remaining bridges including the South La Media Road Bridge, which was not identified in the original DlF ordinance, Alternatively, a separate Village 6 DlF could be established that would not have access to the SPA I DlF 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 -.._._-~- $545 (existing DlF) Single Family Villages I and 5 $783 Detached Village 6 $783 $1031 Multi-family Villages 1 and 5 $580 $374 (existing DlF) Village 6 $580 $763 Expanded DlF Separate DIF's 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 for the other remaining bridges and establish the new fee, Development Planning and Financing Group, who also wrote the original report, prepared the updated Report, dated December 17, 2002, The Report was preparcd 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, Area of Benefit -'I Page 3, Item Meeting Date 12/17/02 The Area of Benefit of the updated Ped Bridge DIF will include all of Villages I, 5 and 6 (see Exhibit 2), There are approximately 730 building penn its remaining to be issued in Village I 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 two bridges directly connecting the Village 2 area but will, 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 I, Villages 2 and 6 are an integral part of the Village Pathway that forms a loop through these Villages, The Village Pathway provides pedestrians, bicycles and carts with a route that is separated from the major roadways of this part of Otay Ranch, The bridges and the Pathway support the pedestrian orientation of these Villages and tie them together with a continuous and safe way to cross the six lanes of Olympic Parkway and La Media Road, Due to each individual bridge being part of a whole system, each Village derives a benefit ÜOI11 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 each 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 See 17,10,040: single family and multiple-family, The single family rate is now 3,572 persons per dwelling unit (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% ofthe single family rate. For purposes of the Ped Rridge DlF, a single unit is defined as a residential unit within a plmming area or neighborhood that has a net tentative map density of8 units or less per acre, A multiple family unit is within a planning area or neighborhood with a density of more that 8 units per acre, Meetings with the Mastcr Developers Staff has had mcctings with both mastcr developers orVillage 1,5 and 6, The developers funded the Report and concur with the findings therein and the proposed mechanism for funding the pedestrian bridges, Urgency Ordinance This Ordinance will become efTective 60 days afìer the second reading, If adopted, this Urgency Ordinance would go into efTect immediately (on December 18,2(02) and will enable the City to collect the fee 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 hearing in order to extend the urgency ordinance in 30-day increments until the permanent ordinance becomes effective, An approval of4/5''''s vote will be needed for all urgency Ordinances, 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 ':;0' e;;; Page 4, Item Meeting Date 12/17/02 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 pennits that are pending throughout the Area of Benefit, including Village 6 where presently no fee exists. The developers have agreed, via Supplemental Subdivision Improvement Agreements, that no building pennits shall be issued until this fee goes into effect. Therefore, rather than hold up issuance of building permits the developers are also requesting that the Urgency Ordinance be adopted, The prospect of a shortíàll, failure of the street 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 imrnediate 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 determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Although environmental review is not necessary at this time. environmental review will be required prior to the approval of tinal design plans and the awarding of construction contracts for facilities funded through Pedestrian Bridge Development Impact Fee, FISCAL IMP ACT: 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 all costs related to update inclttding the preparation of the Report. The fair-share maintenance costs associated with all Otay Ranch pedestrian bridges are funded by the Community Facilities Districts in which they located, Exhibits: I. Pedestrian Bridge Facility Map 2, Area of Benefit ], Pedestrian Bridge DIF Report J:\Engineer\AGENDA\CAS OR Ped bridge Ordinance 12-17-02,doc ¿) , " (p EXHIBIT 2 PEDESTRIAN BRIDGE DEVELOPMENT FEF IMPACT REPORT MAP OF GENERAL DEVELOPMENT PLAN AND AREA OF BENEFIT AREA OF BENEFIT BOUNDARY- VILLAGE 5 VILLAGE 1 VILLAGE 6 VILLAGE 2 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 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 Exhibit 1 Map of General Development Plan Exhibit 2 Summary of Pedestrian Bridge Development Impact Fee Exhibit 3 Pedestrian Bridge Planning Study Exhibit 4 Pedestrian Bridge Development Impact Fee Ordinance Exhibit 5 Village 6 Pedestrian Bridge Development lmpact Fee Report December 17, 2002 Page 1 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 fi.om 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 determine 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 relation, ship 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 hnpact Fee Report December 17, 2002 Page 2 a finding 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 with/n 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 I 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 Pl~. Bridge Hard Cost: Construction Cost $ 974,179 $ 1,062,210 $ 929,500 Approach Ramps 101,467 100,000 100,000 Contingency ~ 25% 268,912 290,552 257,375 Total Hard Cost 1,333~026 1,452,762 1,286,875 Soft Cost: Design Cost ~ 15% 199,954 217,914 193,031 Construction & Special Inspection Cost ~ 15% 199,954 217,914 193,031 Project Admin. (Audit) ~ 2% 26,661 29,055 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 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 columns with a 2-way taper, walkway accent lighting and concrete stain on exposed concrete surfaces. The South La Media Bridge is plarmed 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 Pedestrian Bridge Development Impact Fee Report December 17, 2002 Page 3 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 I 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 Birch 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 future 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 1 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 pedesthan 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 Pedestrian Bridge Development Impact Fee Report December 17, 2002 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 Bridge Pky. Bridge Pky. Bridge Village 2 AOB(a) AOB(a) Village 1 and 5 AOB AOB AOB and Village 6 (a) This Village will be included in a futura 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 l: This area is near completion and consists of2,790 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 commemial, 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: 3~ Village 5: The development of this area is near completion and consists of 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 Pedestrian Bridge Development Impact Fee Report December 17, 2002 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 1 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~ Single Family Detached ("SFD") 3.52 people per household Multi Family ( MF ) 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 PPHF'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 un/ts 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 6: 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 Pedestrian Bridge Development Impact Fee Report December 17, 2002 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 mom 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; f) 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 Pedestrian Bridge Development Impact Fee Report December 17, 2002 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 Pedestrian Bridge Development Impact Fee Report December 17, 2002 Page 9 EXHIBIT 2 PEDESTRIAN BRIDGE DEVELOPMENT FEE IMPACT REPORT MAP OF OENERALDEVELOPMENTPLAN AND AREA OF BENEFIT VILLAGE 5 VILLAGE 1 /~ VILLAGE 2 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 $885,617 $929,500 $965,645 Approach Ramps 92,242 100,000 100,000 Mobilization @ 10% 88,562 0 96,565 Contingency @ 25% 266,605 257,375 290,552 Total Hard Costs 1,333,026 1,286,875 1,452,762 Soft Costs: Design Cost @ 15% 199,954 193,031 217,914 Construction & Special Inspection Cost @ 15% 199,954 193,031 217,914 Project Admin. (Audit) @ 2% 26,661 25,738 29,055 Program Admin. @ 5% 66,651 64,344 72,638 Contingency @ 10% 49,322 47,614 53,752 Total Soft Costs 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 Remaining East Olympic Parkway Cost ___$829,580 Net Estimated Bridge Funds After Payment for the North La Media Bridge $2,003,071 Less: Costs for One-half of West Olympic Pkwy 1,022,018 Available funds for East Olympic Parkway $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 PARKWAY BRIDGE Total Persons No. of per Persons per Cost per Planning Product Household Household Planning Cost per Area Type Density Units Acres Factor (1) * (2) Area Unit (1) (2) (4) Village Five: Otay Ranch Company R-30A MF 30.9 247 8.0 2.61 644.7 67,291 $272 R-30B MF 31.0 326 10.5 2.61 850.9 88,813 272 R-39 SFD 5.8 86 14.8 3.52 302.7 31,598 367 Sub-total - Otay Ranch Company 659 33.3 1,798.3 187,703 McMillin Companies R-I-45 MF 25.7 72 2.8 2.61 187.9 19,615 272 Village Six: McMillin Companies R-1 SFD 3.9 101 26.2 3.52 355.5 $37,109 $367 R-3 SFD 4.6 163 35.6 3.52 573.8 59,889 367 R-4 SFD 4.5 92 20.4 3.52 323.8 33,803 367 R-6 SFD 6.2 126 20.4 3.52 443.5 46,295 367 R-10 MF 17.5 212 12.1 2.61 553.3 57,756 272 CPF-2/3 CPF 44.0 S-1 School 10.0 Sub-total - McMillin Village Six 694 168.7 2,250.0 234,852 Otay Ranch Company 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-gB2 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 - 1 Comm. 2.9 Sub-total - Otay Ranch Village Six 1,353 119.3 3,711.5 387,410 Grand Total 2,778 324.1 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 Cost per Planning Product Household Household Planning Cost per Area Type Density Units Acres Factor (1) * (2) Area Unit (1) (2) (3) Village Five: Otay Ranch Company R-30A MF 30.9 247 8.0 2.61 644.7 76,068 $308 R-30B MF 31.0 326 10.5 2.61 850.9 100,397 308 R-39 SFD 5.8 86 14.8 3.52 302.7 35,720 415 Sub-total - Otay Ranch Company 659 33.3 1,798.3 212,185 McMillin Companies R-1~45 MF 25.7 72 2.8 2.61 187.9 22,174 308 Village Six: McMillin Companies 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 Sub-total - McMillin Village Six 694 168.7 2,250.0 265,485 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-gA MF 8.5 139 16.4 2.61 362.8 42,808 308 R-gB2 MF 12.2 73 6.0 2.61 190.5 22,482 308 R-9D/7A MF 13.1 141 10.7 2.61 368.0 43,423 308 R-7B MF 14.8 201 13.6 2.61 524.6 61,901 308 R~gB1 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 1,353 119.3 3,711.5 437,941 Grand Total __2,778 324.1 7,947.6 $937,784 Date: 12/17/2002 EXHIBIT 3 SUMMARY OF PEDESTRIAN BRIDGE DEVELOPMENT IMPACT FEE PER UNIT East South Olympic La Media Parkway Bridge _ Bridge Total Village Five and Six: SFD- Fee per Unit __ $415 $367 ~$7831 MF - Fee per Unit ~$308 $272 $580~ Date: 12/17/2002 ORDiNANCE NO. 2892-B AN URGENCY ORDiNANCE OF THE CITY COUNCIL OF CHULA VISTA 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 WHEREAS, the City Council on December 17, 2002 adopted an ordinance which will amend the Otay Ranch Village I 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, the City Council on December 17, 2002 approved the Pedestrian Bridge Development Impact fee Urgency Ordinance 2892-A, which became effective immediately; and WHEREAS, state law 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 Urgency Ordinance 2892-B Page 2 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 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 Urgency Ordinance 2892-B Page 3 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.I0.040 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 multiplerfamily 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 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 l, 5 and 6 in the City of Chula Vista Urgency Ordinance 2892-B Page 4 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: 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 o f 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.2002-527, 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 "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. Urgency Ordinance 2892-B Page 5 SECTION 5. Territory to Which Fee Is Applicable The area of the City of Chula Vista to ~vhich 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 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 "2" 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 within 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 0n 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. Urgency Ordinance 2892-B Page 6 SECTION 10. 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 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 $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. 2892, 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 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 $783 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. Urgency Ordinance 2892-B Page 7 Residential Land use EDU's Fee Single Family ("SF") 1 $783 Multi Family("MF") 0.74 $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-CC1); 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 thc 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: A. The establishment of the In,pact 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 hcilities budgeting for growth impacted public facilities. C. 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 2892-B Page 8 D. 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. E. 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 2892-B 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: a. 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. b. The request for authorization shaI1 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. c. 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 indenmified, 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 2892-B Page 10 (8) 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. (9) 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. (10) 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 ora Notice of Completion. (11) 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. (12) 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. (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 Urgency Ordinance 2892-B 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 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 Urgency Ordinance 2892-B 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 This Ordinance shall become effective immediately upon four-fifths vote. Presented by Approved as to form by John P. Lippitt .[ohrf ~/(J~aheny ~ Public Works Director City Attorney J:\Attorney~Ordinance\PED Bridgc Urgency Ordinancc 2892-B.doc