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HomeMy WebLinkAboutAgenda Packet 2003/04/15CITY COUNCIL AGENDA April 15, 2003 6:00 p.m. Council Chambers Public Services Building 276 Fourth Avenue, Chula Vista CI'iY OF CHULA VISTA City Council Patty Davis John McCann Jerry R. Rindone Mary Salas Stephen C. Padilla, Mayor City Manager David D. Rowlands, Jr. City Attorney Ann Moore City Clerk Susan Bigelow The City Council meets regularly on the first calemiar Tuesday at 4:00 p.m. and on the second, third and fourth calendar Tuesdays at 6:00 p.m. Regular meetings may be viewed at 7:00 p.m. on Wednesdays on Cox Cable Channel 24 or Chula Vista Cable Channel 68 AGENDA April 15, 2003 6:00 P.M. CALL TO ORDER ROLL CALL: Councilmembers Davis, McCann, R.indone, Salas, and Mayor Padilla PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO TERRY STANCZAK, VOLUNTEER FOR THE SENIOR PATROL, PROCLAIMING APRIL 15, 2003 AS SENIOR VOLUNTEER PATROL APPRECIATION DAY PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO KORKI BOTTOMS, LEAD COMMUNICATIONS OPERATOR AND MILLIEOSUNA, COMMUNICATIONS OPERATOR II, PROCLAIMING THE WEEK OF APRIL 13 THROUGH APRIL 19, 2003 AS NATIONAL PUBLIC SAFETY TELECOMMUNICATIONS APPRECIATION WEEK PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO DAVID W. KROGH AND ANDREW TORRES, PRESIDENTS OF HILLTOP HIGH SCHOOL DOLLARS FOR SCHOLARS AND CASTLE PARK HIGH SCHOOL ALUMNI DOLLARS FOR SCHOLARS, PROCLAIMING THE MONTH OF MAY 2003 AS SCHOLARSHIP MONTH PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO JAMES MARCELINO, CHILD AND YOUTH POLICY ADVOCATE, PROCLAIMING APRIL 26, 2003 AS DAY OF THE CHILD PRESENTATION BY REPRESENTATIVES OF PACIFIC WASTE SERVICES, JERRY SCHNITZIUS, GENERAL MANAGER, AND STEVE MIESEN, FACILITY MANAGER, REGARDING RECYCLING EFFORTS IN THE CITY OF CHULA VISTA CONSENT CALENDAR (Items 1 through 14) 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 afier Action Items. Items pulled by the public will be the first items ofbusiness. 1. APPROVAL OF MINUTES of April 1, 2003. Staff recommendation: Council approve the minutes. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE EASTLAKE II PLANNED COMMUNITY DISTRICT REGULATIONS LAND USE MAP (SECOND READING AND ADOPTION) Adoption of the ordinance amends the Eastlake II Planned Community District Regulations Land Use District Map to change the designation of the 4.4-acre project site from Community Purpose Facility (CPF) to Residential Multi-Family (RM-25). (Director of Planning and Building) Staff recommendation: Council place the ordinance on second reading for adoption. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE ZONING MAP OR MAPS ESTABLISHED BY SECTION 19.18.010 OF THE CHULA VISTA MUNICIPAL CODE REZONING 180 ACRES LOCATED EAST OF THE FUTURE STATE ROUTE 125 FREEWAY AND NORTH OF PROCTOR VALLEY ROAD TO RESIDENTIAL ESTATES (RE) WITH A ("P") MODIFYING DISTRICT DESIGNATOR (SECOND READING AND ADOPTION) Bella Lago, LLC, has submitted applications requesting approval to change the zoning of 180 acres east of future State Route 125, north of Proctor Valley Road, from Planned Community to Residential Estate with a Precise Plan Modifying District. (Director of Planning and Building) Staffrecommendation: Council place the ordinance on second reading for adoption. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING A CONTRACT WITH ULTRASIGNS, INC. TO FABRICATE AND INSTALL THE DOWNTOWN MONUMENT SIGN, LOCATED ON THIRD AVENUE BETWEEN PARK WAY AND G STREET IN THE CITY OF CHULA VISTA, CA (PROJECT RD-236) Sealed bids were received for fabricating and installing the downtown monument sign on Third Avenue between Park Way and G Street in the City of Chula Vista. The scope of work consists of sign fabrication and installation, including all labor, material, equipment, tools, transportation, mobilization, traffic control, removal and disposal of existing improvements, protection and restoration of existing improvements, and other miscellaneous work necessary to construct the project in accordance with City standards. (Director of Engineering) Staff recommendation: Council adopt the resolution. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING TWO-HOUR TIME LIMITED PARKING ON THE 400 BLOCK OF WOODLAWN AVENUE AND COLORADO AVENUE AND AMENDING SCHEDULE VI OF THE REGISTER MAINTAINED IN THE OFFICE OF THE CITY ENGINEER Page 2 - Council Agenda 04/15/03 7A. Staff received a letter from the Board of Directors of the Holiday Gardens Homeowners Association, complaining that residents of their complex have insufficient on-street parking in their area because trolley riders and residents of the apartments on Oaklawn Avenue continuously park their vehicles along Woodlawn Avenue, Colorado Avenue, and G Street. They requested the two-hour parking zone in order to discourage people who do not live in the immediate area, from parking their vehicles on these streets for long periods of time. (Director of Engineering) Staff recommendation: Council adopt the resolution. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA' APPROVING THE TWELFTH AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND RICK ENGINEERING COMPANY FOR ADDITIONAL ENVIRONMENTAL, PRELIMINARY ENGINEERING AND FINAL ENGINEERING DESIGN SERVICES FOR THE 1-805/EAST ORANGE AVENUE/OLYMPIC PARKWAY INTERCHANGE, APPROPRIATING TRANSPORTATION DEVELOPMENT IMPACT FEE FUNDS, WAIVING THE CONSULTANT SELECTION PROCESS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT ON BEHALF OF THE CITY (4/5THS VOTE REQUIRED) On January 23, 1996, the City Council approved a contract with Rick Engineering for preliminary engineering design services for three interchanges on Interstate 805 at Telegraph Canyon Road, Olympic Parkway, and East Palomar Street. Since then, due to additional work requirements by Caltrans, eleven amendments to this contract have been made. The twelfth amendment to the contract will provide for additional preliminary and final design drawings and environmental work needed to comply with State and Federal requirements at the 1-805/East Orange Avenue/Olympic Parkway interchange. (Director of Engineering) Staff recommendation: Council adopt the resolution. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING ITS INTENTION TO CONSIDER CHANGES AND MODIFICATIONS TO THE RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES AUTHORIZED TO BE LEVIED WITHIN IMPROVEMENT AREA NO. 2 OF COMMUNITY FACILITIES DISTRICT NO. 07-M (EASTLAKE - WOODS, VISTAS AND LAND SWAP), AND SETTING THE PUBLIC HEARING FOR THE CITY COUNCIL MEETING OF MAY 20, 2003 AT 6:00 P.M. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING AN ANNEXATION MAP SHOWING PROPERTY TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 07-M (EASTLAKE - WOODS, VISTAS AND LAND SWAP) AND IMPROVEMENT AREA NO. 2 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION OF TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 07-M (EASTLAKE - WOODS, VISTAS AND LAND SWAP) AND IMPROVEMENT AREA NO. 2, AND SETTING THE PUBLIC HEARING FOR THE CITY COUNCIL MEETING OF MAY 20, 2003 AT 6:00 P.M. Page 3 - Council Agenda 04/15/03 8A. Eastlake Company has requested that the City conduct proceedings to consider changes and modifications to Improvement Area No. 2 of Community Facilities District No. 07-M (Eastlake - Woods, Vistas and Land Swap Parcel) (CFD 07-M) as well as an annexation to Improvement Area No. 2 of CFD 07-M. CFD 07-M was formed in 2002 to fund the perpetual operation and maintenance of slopes, medians and parkways and storm water treatment facilities associated with Eastlake HI - Woods and Vistas and Land Swap Parcel. Adoption of the resolutions initiates the formal proceedings to consider the changes and modifications to CFD No. 07-M, Improvement Area No. 2 and the annexation to CFD No. 07-M, Imp]'ovement Area No. 2. (Director of Engineering) Staff recommendation: Council adopt the resolutions. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL MAP OF CHULA VISTA TRACT NO. 01-09, EASTLAKE III WOODS NEIGHBORHOODS WR-2, WR-5, AND ^ PORTION OF WR-4; ACCEPTING ON BEHALF OF THE PUBLIC VARIOUS PUBLIC STREETS, ALL AS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION; ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA CERTAIN PUBLIC EASEMENTS, ALL AS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION; AND ACKNOWLEDGING ON BEHALF OF THE CITY OF CHULA VISTA THE IRREVOCABLE OFFER OF DEDICATION FOR OPEN SPACE LOTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 01-09, EASTLAKE III WOODS NEIGHBORHOODS WR-2 AND WR-5 FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT REQUIRING EASTLAKE COMPANY, LLC TO COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF RESOLUTION NO. 2001-269 FOR CHULA VISTA TRACT NO. 01-09, EASTLAKE III WOODS NEIGHBORHOODS WR-2 AND WR-5, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 01-09, EASTLAKE III WOODS NEIGHBORHOOD WR-4 TO REVISE THE LEGAL DESCRIPTION OF SAID SUBDIVISION, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIST AMENDMENT TO THE SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 01-09, EASTLAKE III WOODS NEIGHBORHOOD WR-4 TO REVISE THE LEGAL DESCRIPTION OF SAID SUBDIVISION, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT Page 4 - Council Agenda 04/15/03 10. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT FOR CHULA VISTA TRACT NO. 01-09, EASTLAKE llI WOODS AND VISTAS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT On August 14, 2001, the City Council approved the tentative subdivision map for Chula Vista Tract No. 01-09, Eastlake III Woods and Vistas. Adoption of the resolutions approves the final map for Woods Neighborhoods WR-2, WR-5, and a portion of WR-4 and associated agreements. Also considered for approval are amendments to the existing subdivision improvement agreement and supplemental subdivision improvement agreement for Woods Neighborhood WR-4, revising the legal description of said subdivision. Adoption of the last resolution approves the grant of easements and maintenance agreement, which sets forth specific obligations and responsibilities for the maintenance by the Eastlake III Master Homeowners Association of certain landscaping improvements and facilities located within public right-of-ways and easements within the entire Eastlake HI Woods and Vistas project. (Director of Engineering) Staff recommendation: Council adopt the resolutions. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A PURCHASE AGREEMENT WITH GREAT SCOTT TREE SERVICE TO PROVIDE TREE TRIMMING SERVICE ON AN AS-NEEDED BASIS THROUGH JUNE 30, 2004, AND AUTHORIZING THE PURCHASING AGENT TO RENEW THE AGREEMENT FOR F1VE ADDITIONAL, ONE YEAR OPTION PERIODS On March 13, 2003 three bids for this service were received. Staff recommends that Great Scott Tree Service be awarded the contract. (Director of Public Works-Operations, Director of Finance) Staff recommendation: Council adopt the resolution. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING AN ADDITIONAL $29,353.46 FROM THE STATE OF CALIFORNIA E-911 REPLACEMENT FUND FOR POLICE COMMUNICATIONS CENTER TECHNOLOGY IMPROVEMENTS TO BRING THE TOTAL GRANT AWARD ACCEPTANCE TO $407,353.46 The State of California has a program to fund replacement of older e-911 telephone equipment that has been in use seven or more years. The Chula Vista Police Department is eligible for funding under this program, as its current equipment was installed in 1994. Features of the new e-911 technology will provide the police communications center with much improved methods for handling wire line-based and wireless-based 911 calls and routing service to the citizens of Chula Vista. The State e-911 program recently granted the City an additional $29,353.46 to purchase additional hardware and software to enhance its geographical information system and information management capability with the e-911 equipment upgrade. (Chief of Police) Staffrecommendation: Council adopt the resolution. Page 5 - CouncilAgenda 04/15/03 llA. 12. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A JOINT EXERCISE OF POWERS AGREEMENT WITH THE COUNTY OF SAN DIEGO, THE CITIES OF IMPERIAL BEACH AND SAN DIEGO, AND THE UNIFIED PORT DISTRICT FOR THE DEVELOPMENT OF A WATERSHED MANAGEMENT PLAN FOR THE OTAY RIVER WATERSHED, AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A COOPERATIVE AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO, THE CITY OF SAN DIEGO, THE CITY OF IMPERIAL BEACH, AND THE UNITED STATES ARMY CORPS OF ENGINEERS, REGARDING THE DEVELOPMENT OF A SPECIAL AREA MANAGEMENT PLAN FOR THE OTAY RIVER WATERSHED, AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY The County of San Diego has requested that the City of Chula Vista participate in the preparation of a Watershed Management Plan for the Otay River watershed through a Joint Exercise of Powers Agreement. The County also requested that the City of Chula Vista participate in the preparation of a Special Area Management Plan for the Otay River through a Cooperative Agreement. The Special Area Management Plan would be used to assist the Federal, State, and local regulatory agencies with their decision-making and grant authority to protect aquatic resources, which could include expedited Federal "wetlands" permits, and/or limited review for determination of project(s) compliance. (Director of Planning and Building) Staffrecommendation: Council adopt the resolutions. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A $20,000 GRANT FOR THE LIFE OPTIONS PROGRAM AND AN INTERGENERATIONAL PROGRAM FROM THE COUNTY OF SAN DIEGO, AGING AND INDEPENDENCE SERVICES AWARDED TO THE RECREATION DEPARTMENT; APPROVING AN AGREEMENT BETWEEN THE CITY AND THE COUNTY; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AND AMENDING THE FISCAL YEAR 2003 RECREATION DEPARTMENT BUDGET BY APPROPRIATING UNANTICIPATED REVENUE OF $20,000 (4/5THS VOTE REQUIRED) At the beginning of this fiscal year, the Senior Section of the Recreation Department collaborated with Southwestern College on a $20,000 grant awarded by the County of San Diego, Aging and Independence Services to develop a Life Options Program. Due to the success of the program, Aging and Independence Services has awarded the Recreation Department an additional $10,000 to be used to continue the efforts to promote and develop the Life Options program. The department, in collaboration with the Chula Vista Elementary School District, has also been awarded a $10,000 grant to help coordinate the development of an Intergenerational Program of Parking Lot Greeters in three elementary schools and the development of volunteer opportunities. (Director of Recreation) Staffrecommendation: Council adopt the resolution. Page 6 - Council Agenda 04/15/03 13. 14. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2003 RECREATION DEPARTMENT BUDGET BY APPROPRIATING $2,000 IN LrNANTIC]PATED REVENUES FROM PERFORMING AND VISUAL ARTS TASK FORCE GRANT FUNDS TO THE RECREATION DEPARTMENT FOR AN ARTS PROGRAM (4/STHS VOTE REQUIRED) The Recreation Department was awarded $2000 in Performing and Visual Arts Task Force Grant funds for Fiscal Year 2002/2003 via the City's Office of Cultural Arts. The funds will be used for presenting Young Audiences of San Diego Educational Performances at Chula Vista Recreation Centers for the fiscal year. (Director of Recreation) Staffrecommendation: Council adopt the resolution. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH THE ENERGY CONSULTING TEAM OF DUNCAN, WEINBERG, GENZER & PEMBROKE, MCCARTHY & BERLIN AND NAVIGANT CONSULTING INC. TO ANALYZE THE FINANCIAL, LEGAL AND TECHNICAL FEASIBILITY OF VARIOUS POSSIBLE MUNICIPAL ENERGY BUSINESSES AND ALTERNATIVES, AND APPROPRIATING FUNDS THEREFOR On March 25, 2003 Council approved staff's recommendation to select the energy consulting team of Duncan/Navigant to analyze the financial, legal and technical feasibility of various possible municipal energy utility businesses and alternatives thereto. Council authorized staff to negotiate a final contract, based on outlined terms and conditions, with Duncan/Navigant for energy consulting services and directed staff to return to Council with a final contract for approval. Approval of the agreement with Duncan/Navigant will allow completion of the feasibility analysis for an amount not to exceed $275,000. (Assistant City Manager Morals) Staffrecommendation: Council adopt the resolution. ORAL COMMUNICATIONS Persons speaMng during Oral Communications may address the Council on any subject matter within the Council's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council from taking action on any issue not included on the agenda, but, if appropriate, the Council may schedule the topic for future discussion or refer the matter to staff. Comments are limited to three minutes. PUBLIC HEARINGS The following items have been advertised as public hearings as required by law. If you wish to speak on any item, please fill out a "Request to Speak, form (available in the lobby) and submit it to the City Clerk prior to the meeting. Page 7 - Council Agenda 04/15/03 15. 16. 17. CONSIDERATION OF ADOPTION OF AN URGENCY ORDINANCE APPROVING AN INCREASE OF THE SEWERAGE CAPACITY CHARGE AND THE MODIFICATION OF THE MASTER FEE SCHEDULE The City Council adopted an urgency ordinance approving an increase of the sewerage capacity charge and modification of the master fee schedule on March 18, 2003. Adoption of this urgency ordinance allows the City to continue to collect the charge during the 60-day waiting period before the regular ordinance becomes effective. (Director of Engineering) Staff recommendation: Council conduct the public hearing and adopt the following urgency ordinance: URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN INCREASE OF THE SEWERAGE CAPACITY CHARGE AND THE MODIFICATION OF THE MASTER FEE SCHEDULE (4/5THS VOTE REQUIRED) CONSIDERATION OF A TENTATIVE SUBDIVISION MAP FOR A PORTION OF PLANNING AREA 12 - FREEWAY COMMERCIAL OF OTAY RANCH (APPLICANT: MCMILL1N OTAY RANCH, LLC - PCS 03-11) McMillin Otay Ranch has requested approval of a tentative subdivision map, consisting of 38 lots for freeway-oriented commercial uses, including retail land uses and streets, for their 86.9-acre portion of Freeway Commercial in the Otay Ranch, as authorized by the Planning Area 12 - Freeway Commercial Sectional Planning Area (SPA) Plan. The Environmental Review Coordinator has reviewed the proposed tentative subdivision map, and determined that the project would not result in any new environmental impacts that were not previously identified in the final second tier Environmental Impact Report for the Planning Area 12 - Freeway Commercial SPA Plan, nor would the project result in a substantial increase in the severity in any environmental effects not previously identified in Final Environmental Impact Report no. 02-04. (Director of Planning and Building) Staff recommendation: Council conduct the public hearing and adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING TENTATIVE SUBDIVISION MAP FOR A PORTION OF THE OTAY RANCH, SECTIONAL PLANNING AREA 12 - FREEWAY COMMERCIAL PLAN, CHULA VISTA TRACT 03-11 CONSIDERATION OF ADOPTION OF AGREEMENTS FOR MONITORING BUILDING PERMITS FOR EASTLAKE III, OTAY RANCH VILLAGE 6, OTAY RANCH VILLAGE 11, BELLA LAGO, SAN MIGUEL RANCH AND SALT CREEK RANCH (AKA ROLLING HILLS RANCH), AND SUBSTITUTING MITIGATION MEASURES IN FEIR 97-02 (SAN MIGUEL RANCH) AND FEIR 91-03 (SALT CREEK RANCH AKA ROLLING HILLS RANCH) AND MNDIS-00-05 Page 8 - Council Agenda 04/15/03 On April 8, 2003, the City Council requested staff to bring forward a report regarding options for addressing the need toprovide infrastructure in a timely manner and to ensure that the City is not growing too quickly. At the same time, staff has been working with several developers to implement provisions of previously approved "traffic enhancement agreements" which address the need to provide additional traffic capacity in eastern Chula Vista, and to consider adjustments to previously established limitations of development prior to completion of State Route 125. Staff recommends adoption of resolutions approving agreements with developers regarding monitoring of residential building permits for these projects. (Assistant City Manager Krempl, Director of Planning and Building, Director of Engineering) Staff recommendation: Council conduct the public heating and adopt the following resolutions: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENTS FOR MONITORING BUILDING PERMITS BETWEEN THE CITY OF CHULA VISTA AND TRIMARK PACIFIC AND MCMILLIN ROLLING HILLS RANCH, LLC, AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENTS ON BEHALF OF THE CITY RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENTS FOR MONITORING BUILDING PERMITS FOR EASTLAKE III, OTAY RANCH VILLAGE 6, OTAY RANCH VILLAGE 11, AND BELLA LAGO, AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY 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. 18. CONSIDERATION OF ADOPTION OF A RESOLUTION APPROVING A THREE- PARTY AGREEMENT FOR LANDSCAPE ARCHITECTURAL SERVICFS FOR THE PROPOSED PUBLIC NEIGHBORHOOD PARK IN EASTLAKE VISTAS Adoption of the following resolution approves a three-party agreement between the City of Chula Vista, The EastLake Company, and Delorenzo Inc. for landscape architectural services for the development of a proposed public neighborhood park in EastLake Vistas. (Director of Building and Park Construction, Director of Recreation, Director of Public Works Operations) Staff recommendation: Council adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE THREE-PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA, DELORENZO, INC., LANDSCAPE ARCHITECTS, AND EASTLAKE COMPANY FOR LANDSCAPING ARCHITECTURAL SERVICES, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Page 9 - Council Agenda 04/15/03 ITEMS PULLED FROM THE CONSENT CALENDAR OTHER BUSINESS 19. CITY MANAGER'S REPORTS 20. MAYOR'S REPORTS A. Ratification of appointment to the General Plan Update Steering Committee - Gary Lee Nordstrom B. Designation of voting delegate for a Special Meeting of the League of California Cities General Assembly, to be held May 15, 2003 at 1:00 p.m. at the Sacramento Community Center Theatre 21. COUNCIL COMMENTS 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). 22. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) A. City of Chula Vista v. Bamhart Contracting (CV Library); San Diego Superior Court Case No. GIS 003859 B. Michael Crim vs. City of Chula Vista; U.S. District Court Case No. 00CV 0465-IEG (LAB) 23. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) · Two cases ADJOURNMENT to a Regular Meeting of May 6, 2003, at 4:00 p.m. in the Council Chambers. Page 10 - Council Agenda 04/15/03 NOTICE OF CANCELLATION OF MEETING OF THE CHULA VISTA CITY COUNCIL NOTICE IS HEREBY GIVEN that the Regular City Council Meeting scheduled for Tuesday, April 22, 2003 has been cancelled in accordance with Chula Vista Municipal Code Section 2.04.020. The City Council will meet for its next Regular Meeting on Tuesday, May 6, 2003 at 4:00 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, California. Dated: April 16, 2003 _--= ----;7 ----- -' ~y:-Donna Norris, Assistant City Clerk RECITALS OPmiN CE SO. . AN ORDINANCE OF THE CITY COUNCIL O?~1~ OF CHULA VISTA APPROVING AME_~NI~I$~ TO THE EASTLAKE fl PLANNED C(~tLVNITY DISTRICT REGULATIONS, LAND USE DISTRICT MAP. A Project Site WHEREAS the areas of land, which are the subject of this Ordinance are diagrammatically represented in Exhibit A and incorporated herein by this reference and for the propose of general description herein consist of 4.4 acres known as portion of parcel GPQ-2 in the EastLake Greens SPA, and located on the east side of the future EastLake Parkway, approximately 2,100 ft north of Olympic Parkway within the EastLake Green Planned Community ("Project Site"); and, Project; Application for Discretionary Approvals WHEREAS, the proposed amendments to the EastLake II Planned Community District Regulations, Land Use Districts map consist of changing the adopted land use designation of the Project Site from CFP, community purpose Facility, to RM-25, Residential Multi family; and, Prior Discretionary Approvals WHEREAS, the development of the Project Site has been the subject matter of various entitlements and agreements, including: 1) amended EastLake II General Development Plan (GDP) approved by City Council by Resolution No 2002-64 on July 23, 2002; 2) EastLake lI Sectional Planning Area (SPA) Plan approved by City Council Resolution No 2002-151 on May 7, 2002; 3) EastLake Greens Neighborhood, Design Guidelines Supplement for "Land Swap" area of EastLake Greens, and EastLake Greens and "Land Swap Supplemental Public Facilities Financing Plan all adopted by Resolution 19275 on March 24, 1998; 4) amended EastLake Comprehensive Affordable Housing Program adopted by City Council Resolution 2001-220 on July 17, 2001; and 5) the amended EastLake II Planned Community District Regulations and Land Use Districts Map approved by City Council Ordinance No. 2863 on August 6, 2002, and, Planning Commission Record of Application WHEREAS, the Planning Commission held an advertised public hearing on said Project on Mamh 26, 2003, and after hearing staffpresentation and public testimony, and considering the Addendum to FSE1R 86-04 and FSEIR 9%04 for the EastLake Land Swap Residential Project (IS-03-009), voted ( ) to recommend that the City Council approve the Amendments to the EastLake II Planned Community District Regulations, Land Use Districts Map, in accordance with the findings listed below; and, Ordinance No. Page 2 II. E. City Council Record of Application WHEREAS, a duly called and noticed public heating was held before the City Council of the City of Chula Vista on April 8, 2003 on the Project discretionary approval applications, and to receive the recommendation of the Planning Commission and to hear public testimony with regard to same; and, WHEREAS, the City Clerk set the time and place for the hearing on the Project applications and notices of said hearings, together with its purposes given by its publication in a newspaper of general circulation in the city, and its mailing to property owners within 500 ft. of the exterior boundaries of the Project Sites at least ten days prior to the hearing. F Discretionary Approvals Resolution and Ordinance WHEREAS, at the same City Council hearing at which this Ordinance was introduced for first reading on April 8, 2003, the City Council of the City of Chula Vista approved Resolution ___by which it adopted the Addendum to FSEIR 86-04 and FSEIR 97-04, imposed amendments on the City of Chula Vista General Plan, EastLake II and EastLake 1]1 General Development Plans (GDP) and EastLake II and EastLake I1/Sectional Planning Area (SPA) plans. NOW THEREFORE, the City of Chula Vista does hereby find, determine and ordain as follows: PREVIOUS FSEIR 86-04 and FSE1R 97-04 REVIEWED AND CONSIDERED; FINDINGS; APPROVALS The Environmental Review Coordinator has determined that any impacts associated with the Project have been previously addressed by the FSEIR 86-04, Supplemental Environmental Impact Report for the EastLake Greens Sectional Planning Area (SPA) Plan and FSEIR 97- 04, Final Subsequent Environmental Impact Report for the EastLake Trails/Greens Replanning Program, and has, therefore, prepared an addendum to said FSEIRs. The Project is in substantial conformance with the analysis in the FSEIRs and, therefore, approval and implementation of the Project does not change the basic conclusions of these FSEIRs. The has been prepared in accordance with requirements of the California Environmental Quality Act, State E1R Guidelines and the Environmental Review Procedures of the City of Chula Vista; and, B. COMPLIANCE WITH CEQA The City Council found that the Addendum IS-03-009 has been prepared in accordance with the requirements of the California Environmental Quality Act (CEQA), the State EIR Guidelines and the Environmental Review Procedures of the City of Chula Vista. C INDEPENDENT JUDGMENT OF CITY COUNCIL The City Council found that the Addendum to FSELR 86-04 and FSEIR 97-04 for the Land Ordinance No. Page 3 Swap Residential Project (IS-03-009) reflected the independent judgment of the City Council of the City of Chula Vista and adopted the Addendum to FSEIR 86-04 and FSEIR 97-04. III. VI. D. FINDINGS FOR P-C PLANNED COMMUNITY ZONE AMENDMENTS The City Council hereby finds that the proposed amendments to the EastLake 1I Planned Community District Regulations are consistent with the City of Chula Vista General Plan, as concurrently amended, and public necessity, convenience, the general welfare and good zoning practice support the amendment. B. APPROVAL OF ZONE AMENDMENTS The City Council does hereby approve the amendments to the EastLake I1 Planned Community District Regulations, Land Use Districts Map as represented in Exhibit B. INVALIDITY; AUTOMATIC REVOCATION it is the intention of the City Council that its adoption of this Ordinance is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that any one or more terms, provisions or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenfomable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. EFFECTiVE DATE This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Presented by Bob Leiter Planning and Building Director Approved as to form by City Attorney ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ~,~\~)~ CHULA VISTA AMENDING THE ZONING MAP OR ESTABLISHED BY SECTION 19.18.010 OF THE VISTA MUNICIPAL CODE REZONING..,d~\~k~o, ES LOCATED EAST OF THE FUTURE SR-~e~I~I~E'WAY AND NORTH OF PROCTOR VALLF~,a~fl~K,~AD TO RE, RESIDENTIAL ESTATES WITH --A (P) MODIFYING DISTRICT DESIGNATOR. I. RECITALS A. Project Site WHEREAS, the area of land, which is the subject of this Ordinance is diagrammatically represented in Exhibit "A" and incorporated herein by this reference, and for the purpose of general description herein consist of 180 acres commonly known as Bella Lago, and located east of SR-125 and North of Proctor Valley Road ("Project Site"); and, B. Project; Application for Discretionary Approval WHEREAS, on November 25, 2001, Bella Lago, LLC ("Developer") filed a Zone Change application with the Planning and Building Department of the City of Chula Vista requesting an amendment to the adopted Zoning map or maps established by Section 19.18.010 of the Chula Vista Municipal Code rezoning 180 acres from PC, Planned Community to RE, Residential Estates with a Precise Plan (P) Modifying District designator ("Project"); and, C. Prior Discretionary Approvals WHEREAS, the Planning Commission held an advertised public hearing on the Project on March 12, 2003 and, after heating staff presentation and public testimony, voted 6-0-0 to recommend that the City Council approve the Project, in accordance with the findings listed below; and, D. Planning Commission Record on Applications WHEREAS, a duly called and noticed public heating on the Project was held before the City Council of the City of Chula Vista on the Project and to receive the recommendations of the Planning Commission, and to hear public testimony with regard to the same; and, WHEREAS, the Planning Department set the time and place for a hearing on said Project, and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, and its mailing to property owners within 500 fl. of the exterior boundary of the project, at least ten (10) days prior to the hearing; and, WHEREAS, The proceedings and all evidence introduced before the Planning Commission at the public hearing on this project held on March 12, 2003, and the minutes and resolution resulting there from, are hereby incorporated into the record of this proceedings; and, Ordinance Page 2 E. City CoUfi~it'Record on Applications WHEREAS, the City Clerk set,the time and place for the hearing on the Project applications and notices of said hearings, togethel: with its purposes given by its publication in a newspaper of general circulation in the city, and its mailing to property owners within 500 fl. of the exterior boundaries of the Project Sites at least ten days prior to the hearing; and, F. Discretionary Approvals Resolution and Ordinance WHEREAS, at the same City Council meeting at which this Ordinance was introduced for first reading (April 8, 2003), the City Council of the City Of Chula Vista approved Resolution Number by which it approved a Precise Plan and Tentative Subdivision Map for 180 acres known as Bella Lago. II NOW, THEREFORE, the City Council of the City Chula Vista does hereby find, determine and ordain as follows: CERTIFICATION OF COMPLIANCE WITH CEQA - PREVIOUS FEIR-02-05 AND AMENDMENT REVIEWED AND CONSIDERED FINDINGS; APPROVALS The City Council of the City of Chula Vista has previously reviewed, analyzed, considered, approved and certified FEIR-02-05 and therefore no further action is necessary. FIND1NGS FOR APPROVAL OF REZONE AND PRECISE PLAN, INCLUDING PROPERTY DEVELOPMENT STANDARDS Pursuant to Section 19.56.041 of the Municipal Code, the City council of the City Chula Vista finds that the following circumstances are evident, which allows the application of the ("P") Precise Plan Modifying District to the subject site: The Planned Community Zone is typically associated with large tracts of land to be developed with a variety of land uses, including commercial, industrial, residential and other support land uses. In this case, the Bella Lago project site is limited to a single land use in approximately half the project site (93.07 acres). The Proposed rezone to residential estates complements the westerly adjacent master planned community, which is also designated for large lot development. However, in order to ensure that the development of this property is compatible with the surrounding land uses, a Precise Plan with pertine/~t Property Development Standards is necessary to allow the City sufficient control to achieve the intended urban design character. The City Council hereby finds that the proposed Rezoning and Precise Plan Standards are consistent with the City of Chula Vista General Plan, and public necessity, convenience, the general welfare and good zoning practice support the amendments. Ordinance 2839 Page 3 C. APPROVAL OF REZONE The City Council does hereby approve the rezone to the RE-P (Residential Estate with a "P" Modifying District), including property Development Standards for Bella Lago, as represented in Exhibit B. IIII. EFFECTIVE DATE This ordinance shall take effect and be in full fome on the thirtieth day from and after its adoption. Presented by Approved as to form by Robert A, Leiter Planning and Building Director City Attorney COUNCIL AGENDA STATEMENT Item t~ Meeting Date: 4/15/03 ITEM TITLE: Resolution Accepting Bids and Awarding a Contract with Ultrasigns, Inc. to fabricate and install the Downtown Monument Sign, located on Third Avenue between Park Way and "G" Street in the City of Chula Vista, CA (RD-236). SUBMITTED BY: Director of Engineering~ REVIEWED BY: City Manage~0~ ~ (4/Sths Vote: Yes_No X_.) On March 19, 2003, the Director of Engineering received sealed bids for fabricating and installing the Downtown Monument Sign on Third Avenue between Park Way and "G" Street in the City of Chula Vista. The scope of work consists of sign fabrication and installation, including all labor, material, equipment, tools, transportation, mobilization, traffic control, removal and disposal of existing improvements, protection and restoration of existing improvements, and other miscellaneous work necessary to construct the project in accordance with City standards. Ultrasigns Inc., a San Diego based sign company, provided the lowest bid in the mount of $129,900. The low bid by Ultrasigns Inc. is below the estimated $199,000 to do the work. The bid estimate provided by staff was based on average prices for similar type of work completed during the last two years. Staff has checked the references provided by the contractor, and has verified that the contractor's work has been satisfactory. As a result, staff is requesting that Council award a contract with Ultrasigns Inc. to fabricate and construct the downtown monument sign. RECOMMENDATION: Council accept bids and award the contract to Ultrasigns Inc. for fabricating and constructing the downtown monument sign at Third Avenue between Park Way and "G" Street in the City of Chula Vista (RD-236). BOARDS/COMMISSIONS RECOMMENDATION: In April 2002, the Town Centre Project Area Committee 1 (PAC) unanimously voted in favor of the concept design for the downtown monument sign, and the proposed location for installation. The Downtown Business Association, the city's Cultural Arts Committee, the Chula Vista Chamber of Commerce, and the Chula Vista Design Review Committee also supported the monument sign. In June 2002, Agency/Council unanimously voted in favor of the concept design for the downtown monument sign, and the proposed location for installation. 1 The PAC serves as the recommending body to the city's Redevelopment Agency in regards to planning and/or redevelopment matters in the Town Centre Redevelopment A~ea. Therefore, a public hearing with the city's Planning Commassion to consider this item was not required. ~1 Page 2, ~ Meeting Date 4/15/03 In September 2002, Agency/Council unanimously voted in favor of appropriating the funding ($240,000 from the 2000 Tax Allocation Bond Issue) to implement the project. DISCUSSION: The downtown monument sign is part of a larger effort to revitalize downtown Chula Vista. The idea of establishing a downtown monument sign came as a result of proactive efforts among downtown stakeholders to implement the "vision" of establishing downtown as the business, entertainment, civic, and cultural focal point of the city. The design work was initiated in early February 2002 when Graphic Solutions, a firm experienced in the creation of similar sign projects, was retained by the city to provide design expertise. A series of meetings with staffand downtown stakeholders enabled Graphic Solutions to design a unique crossover sign (Attachment B) that incorporates an image of a sun and waves similar to the city's logo. The meetings also lead to the selection of the proposed location (Attachment C) for installing the sign, which is located at the narrowest segment of Third Avenue between Parkway and G Street. The location was selected due to the visual impact the monument sign would provide to the area, the close proximity to Memorial Park, and the site working well with downtown events, such as the farmers market, Cinco de Mayo, the Lemon Festival, and other downtown activities. In Jane 2002, Council approved the downtown monument sign and proposed location for installation, and in September appropriated funding to implement the project. Staff is now requesting that Council award a contract with Ultrasigns Inc. to fabricate and install the downtown monument sign. The work consists of fabrication and installation of the monument sign, including all labor, material, equipment, tools, transportation, mobilization, traffic control, removal and disposal of existing improvements, protection and restoration of existing improvements, and other miscellaneous work associated with completing the project. Graphic Solutions will continue to assist the city in providing construction administration throughout the fabrication and installation process. BID PROCESS: Staff prepared specifications, advertised the project, and received and unsealed bids on March 19, 2003. The City received bids from the following contractors (6): CONTRACTOR 1. Ultrasigns Inc. - San Diego, California. 2. Superior Electrical Advertising - Long Beach, California 3. Signtech Electrical - San Diego, California 4. CNP California Neon Products - San Diego, California BID AMOUNT $129,900 $136,469 $154,455 $193,221 Page 3, LI Meeting Date 4/15/03 CONTRACTOR BID AMOUNT 5. HMS Construction - San Marcos, California $207,931 6. Stanford Sign & Awning, Inc. - Chula Vista, California $268,500 The low bid provided by Ultrasigns Inc. was below the staff estimate of$199,000. The bid estimate provided by staff was based on average prices for similar type of work completed during the last two years. Staffhas checked the references provided by the contractor, and verified that the contractor's work has been satisfactory. Therefore, staff recommends awarding a contract with Ultrasigns Inc. to fabricate and construct the downtown monument sign. Disclosure Statement Attached is a copy of the contractor's Disclosure Statement as Attachment A. Environmental Status The Planning and Environmental Services Manager has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class 3 Categorical Exemption pursuant to Section 15303(c) [New Construction/Conversion of Small Structures] of the State CEQA Guidelines. The proposal involves the installation of a small structure (less than 200 square feet in area coverage) and minor modifications to existing surrounding street furniture in a fully urbanized commemial area. [This determination was made on May 21, 2002] Wa~e Statement Contractors are obligated to pay prevailing wages to persons employed by them for the work under this contract. FISCAL IMPACT: FUNDS REQUIRED FOR CONSTRUCTION A. Contract Amount B. Contingencies (20%) C. Staff Costs (Design & Inspection) TOTAL FUNDS REQUIRED FOR CONSTRUCTION $129,900 $26,000 $26,000 $181,900 FUNDS AVAILABLE FOR CONSTRUCTION A. Downtown Monument Sign (RDA BF/TC I Fund) TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $181,900 $181,900 Page 4, L~ Meeting Date 4/15/03 Upon completion of the project, the improvements will require routine City ma'mtenance. The first year's annual maintenance is included in the total estimate. However, the Downtown Business Association has agreed to cover annual maintenance costs for subsequent years. Annual maintenance includes, power, and monthly maintenance by a regular sign maintenance contractor (electrical components, neon tubes, transformers, fittings, etc). Annual maintenance does not include repairs as a result of vandalism, automobile collisions, cleaning, or repainting. Repainting costs are estimated at $6,000 every 8-10 years. Staff has set aside contingency funding from the requested amount for construction repairs such as those mentioned above. ATTACHMENTS: A - CONTRACTOR'S DISCLOSURE STATEMENT B - MONUMENT SIGN C - SIGN LOCATION File No. 0735-10-RD-236 J:~Engineer~AGENDA\RD236-A 113CM.doc City of Chula Vista Disclosure Statement ~T'rACHMENT~_ Pursuant to Council Puli~ I01-01, prior to any action upon matter~ that will require discretionary action by thc Coullcil, Planning Commission and all otla~'r official bodic~ of the City, a staloale~ of disclosure of certain ownership or fin~clallntcrellt~, paymon~, o~ c~amPalgn contributions for a City of Chula Vi~a citation must bc filed. The following inf~nma~ion must bc disclosed: List tl~ names of ~11 l~tSo~s havin8 a fim~i~l interest in thc prop~aty t. bat is the subject of the ~pplicatirm c~ the ccmtract, c.g., owner, ~ppli¢~nt, eontra~o~, subconlza,ffror, mm. ezial supplier. ff ar~y person* ideaiilicd IrmSuallt to (I) above is a corooration or patmership, list the names of ,-all individuals with a $2000 investment in the business (coqmmfion/pann~hip) entity, If any person* identified pursa,am, to (1) abow is a non-profit organization or trust, list thenames of arry po'~on setwing a~ director of Ihe non-profit organization or as Imstcc or beneficim~ or trmaor of thc Ploa~ identify every persort, including any agents, employes, consultants, or imlcpendent coxt~aclors you have assigned to represent you l~foro the City in this matler, H as any person* associated with this ra:ml.rsct had m~y financial d~lings with an official** of Ibc City of Chula Vista as it rolat~s to this c, ontract within Ihe pa.qt i 2 montl~? Yea No~..,-..'-=' If Yes, briefly d~s~ib~ th~ naturo of th~ finan~'ial interest the official*= may have in this contract. Hav~ you made a contributi.,o..n of more than $2~50 within the past twelve (1:2) mmahs to a ctm-ent m~lb~r of the Chula Vista City' Council? blo ~'Yes __ If _~'s, which Council mcmber? Have you provided more than $340 (or an item of equivalent valtm) to an official** of the Ci(y of Chula Vista in lh~ paSt twelw (12) months? (This includes being a ~am:c of immm~, money to retire a legal debt, gift. loan, crc.)¥cs _ No ~ If Y~;s, which oflficial** and what waa thc nature of item provided. e ol-Conffactor/Appiie~" ] Person i$ defined as: any individual, firm. co.-partnership, joint v,mture, association, social dub, tbacmal organization, COrlaO~iot~ estate, trust, receive~, syndicate, any other county, city, municipality, district, or other political subdivision, -or any other group or combizaation acting aa a unit. 0 ~fie..ial include8, ~ is not llmi~:d 1~: Mayor, Couacil member, Plalmin§ Commla$iorlcr, Mcmber of a board, commis~iea, or committee of thc City, employee, or staffmea~rs. GIT ~5~d ATTACHMENT.....;~ Downtown Monument Sign Proposed Installation Area Third Avenue between F and G Streets ATTACHMENT ~_.=~..._ RESOLUTION NO. 2003- RESOLUTION OF TIlE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING A CONTRACT WITH ULTRASIGNS, INC. TO FABRICATE AND INSTALL THE DOWNTOWN MONUMENT SIGN, LOCATED ON THIRD AVENUE BETWEEN PARK WAY AND "G" STREET IN THE CITY OF CHULA VISTA (RD-236) WHEREAS, on Wednesday, March 19, 2003 the Director of Engineering received the following six sealed bids for fabricating and installing the Downtown Monument Sign on Third Avenue between Park Way and "G" Street in the City of Chula Vista: CONTRACTOR BID AMOUNT 1. Ultrasigns, Inc. 2. Superior Electrical Advertising - Long Beach California 3. Signtech Electrical San Diego, California 4. CNP California Neon Products - San Diego, California 5. HMS Construction - San Marcos, California 6. Stanford Sign & Awning, Inc. - Chula Vista $129,900 $136,469 $154,455 $193,221 $207,931 $268,500 WHEREAS, the total low bid provided by Ultrasigns, Inc. was below the Engineer's estimate of $199,000 by $69,100, or approximately 35%; and WHEREAS, Engineering staff checked the references provided by the contractor, and verified that the contractor's work has been satisfactory; and WHEREAS, staff has reviewed the low bid and is recommending awarding the contract to Ultrasigns, Inc. in the amount of $129,900; and WHEREAS, the Environmental Review Coordinator has reviewed the work involved in this project and has determined that the project is exempt under Section 15301, Class 1 (c) (Existing Facilities) of the California Environmental Quality Act (Minor Alterations of Existing Public Improvements or Public Structures); and NOW, THEREFORE, BE IT RESOLVED that the City Council of City of Chula Vista does hereby accept the bids and award the contract to Ultrasigns Inc, for fabricating and constructing the downtown monument sign at Third Avenue between Park Way and "G" Street in the City of Chula Vista (RD-236). BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized to execute the contract on behalf of the City of Chula Vista. Presented by Approved astoformby Clifford T. Swanson Director of Engineering Ann Moore City Attorney J:XattomeyXreso\bids~non ument sign bid COUNCIL AGENDA STATEMENT item Meeting Date 4/15/03 ITEM TITLE: Resolution Establishing 2-hour time limited parking on the 400 block of Woodlawn Ave. and Colorado Ave. and amending Schedule VI of the register maintained in the Office of the City Engineer SUBMITTED BY: REVIEWED BY: Director of Engineerin~t City Manager (4/SthsVote:Yes No X ) Staffreceived a letter from the Board of Directors of the Holiday Gardens Homeowners Association, complaining that residents of their complex have insufficient on-street parking in their area because trolley riders and residents of the apartments on Oaklawn Ave. continuously park their vehicles along Woodlawn Ave., Colorado Ave. and "G" Street. They requested the 2-hour parking zone in order to discourage people who do not live in the immediate area from parking their vehicles on these streets for long periods of time. RECOMMENDATION: That City Council adopt a resolution establishing 2-hour time limited parking on the 400 block of both Woodlawn Ave. and Colorado Ave. and amending Schedule VI of the register maintained in the Office of the City Engineer BOARDS AND COMMISSIONS RECOMMENDATION: The Safety Commission, at their meeting of March 13, 2003, voted MSC (McAlister/Acton) 6-1-0, with Commissioner Gore voting "no", to accept staff's report thereby concurring with staff's recommendation that the City Council adopt a resolution establishing 2-hour time limited parking on the 400 block of both Woodlawn Ave. and Colorado Ave. and amending Schedule VI of the register maintained in thc Office of the City Engineer. The Safety Commission did not concur with an additional recommendation for 2-hour time limited parking on the south side of "G" Street in the area of the Holiday Gardens Condominium complex. Therefore, time limited parking on that portion of "G" St. will not be brought before thc City Council. DISCUSSION: On October 24, 2002, staff received a letter from Tyco Property Management Co., written at the direction of the Board of Directors of the Holiday Gardens Homeowners Association, requesting 2- hour time limited parking on Woodlawn Ave., Colorado Ave. and "G" Street. The letter noted that their complex, which was built the 1960's, has inadequate on-site parking and residents must rely on street parking for their vehicles. However, there is seldom any on-street parking available. The Horn?owners Association believes there are several reasons for the problem. They feel that residents of the neighboring apartment complexes on Oaklawn Ave. park their vehicles on Woodlawn Ave. and that trolley riders park their vehicles in the neighborhood and leave them there for long periods Page 2, Item ~ Meeting Date 4/15/03 of time. Their request for the 2-hour parking zone was to discourage people, who do not live in the immediate area, from parking their vehicles on these streets for long periods of time. In accordance with California Vehicle Code Section 22507, local authorities may, by ordinance or resolution, prohibit or restrict the stopping, standing or parking of vehicles on certain streets or highways, or portions thereof, during all or certain hours of the day. The ordinance or resolution may include a designation of certain streets upon which preferential parking privileges are given to residents and merchants adjacent to the streets for their use and the use of their guests, under which the residents and merchants may be issued a permit or permits that exempt them from the prohibition or restriction of the ordinance or resolution. Residents requesting permits must apply in person at the Engineering Counter in the Public Services Building at 276 Fourth Avenue, Chula Vista, CA 91910. They must provide proof of residence at an affected address, proof of ownership of the vehicle for which the permit is to be issued, and positive identification such as a California driver license. In the past, the City has established similar parking permit areas such as the 300 block of "J" Street that was established in early 2000, the 200 block of "D" Street that was established in early 1998, and in several locations within the Downtown Business District. Woodiawn Ave., between "G" St. and "H" St., is 36' wide curb-to-curb and is 1323' in length (approximately ¼ mile long), with parking allowed on both sides of the street except at the south end along the frontage of the trolley station and along the side frontage of the gas station located on the northwest and northeast comers of"H" St. and Woodlawn Ave., respectively. Woodlawn Ave. has an Average Daily Traffic (ADT) of 500. Land use is multi-family residential comprised of the Holiday Gardens Condominium complex and 4 residential duplex units south of their complex. There are approximately 60 undesignated parking spaces along this street. Colorado Ave., south of "G" St., is a 36' wide residential cul-de-sac. It is 886' in length (approximately 1/6 mile long), with parking allowed on both sides of the roadway except in the cul- de-sac at the south end of the street. It has an ADT of 263 and is fronted by a multi-family residential area, which is comprised entirely of the Holiday Gardens Condominium complex. There are approximately 47 undesignated parking spaces along this residential street. "G" St., east of Oaklawn Ave., is 40' wide curb-to-curb with parking allowed on both sides of the street. It has an ADT of 1705. Land use is multi-family residential on the south side and mobile home parks on the north side. The frontage of the Holiday Gardens Condominium Complex is located on the south side of"G" St. beginning on the east side of Woodlawn Ave. and proceeding west to the end of the street. There are 8 parking spaces along the south side of"G" St. in this area, 7 of them are along the Holiday Gardens frontage and 1 space is split between the Holiday Gardens property and the apartment complex to the east. Upon receiving the request, staff performed field investigations and a parking study on Woodlawn Ave., Colorado Ave. and along the frontage of the condominium complex on the south side of"G" Street. The purpose of the parking study was to determine how much of the parking in this area was J:\Engineer~AGENDA\Woodlawn_A113 sm.doc Page 3, Item ~ Meeting Date 4/15/03 being utilized and the amount of time that specific vehicles remained parked along these streets. The parking study was initiated at 4:00 pm on February 13, 2003 and was concluded at 2:30 pm on February 14,2003. Observationsofthe area indicate that thedemand forparkingisheavydudngthe day and available parking is so completely utilized at night that several vehicles are parked illegally and some vehicles are parked so closely together that it would be impossible to move them until other vehicles are moved first. Regarding the duration of parking, the study indicates that, of the 115 parking spaces in the area, 20% of the vehicles remained parked there during the entire study period, 30% were parked longer than 10 hours, an additional 9.5 % were parked there at 8 pm but were gone by 6:30 am the following moming, 11% were parked more than 4 hours but less than 10 hours, and 29% of the vehicles were parked 2 hours or less. During the study, the trolley station parking lot was also surveyed to determine the number of empty parking spaces available there. During the day, between 8:30 am and 4:00 pm, there were from 70 to 116 parking spaces available in the trolley station parking lot. Between 6:00 pm and 6:30 am there were more than 200 parking spaces available in the trolley parking lot (overnight parking in the trolley parking lot is prohibited). Based on the investigations and studies, staff concludes that the request made by the Holiday Gardens Homeowners Association has merit and that time limited parking in their area may increase available parking for the residents. The proposed 2-hour parking would be placed on the entire length of Woodlawn Ave. between "G" St. and "H" St., including along the frontage of the 4 residential duplex units south of the Holiday Gardens complex, and along the entire length of Colorado Ave. south of"G" Street. Parking along the south side of"G" St. (7 parking spaces along the frontage of the Holiday Gardens complex) would remain unrestricted. The Homeowners Association, however, should be made aware of the fact that only 2 permits will be issued per unit for residents of their complex and that permits issued, to exempt their residents from time limited parking, only allow residents to park on the street on which they live and are not valid on other streets in the area. Therefore, the 2-hour parking limitation applies to them on these other streets; a resident of Colorado Ave., for example, could only park on Colorado Ave. and not on Woodlawn Ave. without being concerned about the 2-hour limitation. It should also be noted that, in addition to enforcing the 2-hour parking limitation, the Police Department would also, at the same time, enforce the citywide 72-hour parking limitation. Residents exempt from the 2-hour parking limitation would not be exempt from the 72-hour limitation and therefore, they could not leave their vehicles parked on the street for more than 72 hours without having their vehicles subject to being towed away (at the owner's expense) as abandoned vehicles. Staff recommends that City Council adopt a resolution to add the 400 block of both Woodlawn Ave. and Colorado Ave. to Schedule VI, which is maintained by the Office of the City Engineer, thereby authorizing the installation of 2-hour time limited parking as listed in the following table, and that permits be issued for residents on these streets to exempt them from the prohibition or restriction of the resolution. J:\Engineer~AGENDA\Woodlawn_A 113_sm.doc Page 4, Item ~ Meeting Date 4/15/03 Name of Street Woodlawn Ave. Schedule VI - Parking Time Limited on Certain Streets Two Hour Parking Except Sundays and Public Holidays Beginning At Ending At Side of Street "G" Street "H" Street East & West Length of Time Permitted 2 Hour Colorado Ave. The cul-de-sac "G' Street East & West south of"G" Street 2 Hour FISCAL IMPACT: $2,500 for signs and markings. Attachment: PowerPoint Presentation Letter dated 10/22/02 Volume Study Parking Study J:\Engineer~AG EN DA\Woodlawn_A 113_sm.doc 5-5 PROPERTY MANAGEMENT COMPANY and INVESTMENTS SERVING SAN DIEGO COUNI'Y [:OR 25 YEARS P.O. Box 611 CHUL~ V ST^. CA 91912-0611 230 GLOVER AVENUE. SUI T[ K CHUL^ VISTA C~ 91910 61 cJ/425-1 0'J7 / Fax 619/425-5817 October 22, 2002 City of Chula Vista Traffic Engineering 276 4th Avenue Chula Vista, CA 91910 A1-FN: Majed Re: REQUEST FOR TIMED PARKING HOLIDAY GARDENS HOMEOWNERS ASSOCIATION 440 WOODLAWN AVENUE CHULA VISTA, CA 91910 BETWEEN THE "H" STREET TROLLEY AND "G" STREET Dear Majed: We are writing you at the direction of the Board of Directors. You were recently contacted by Sandra Goodson. Ms. Goodson is a director on the Holiday Gardens Board of Directors. Ms. Goodson inquired about timed two (2) hour parking, with passes for residents on Woodlawn Avenue, Colorado Avenue, and "G" Street. Holiday Gardens was built in the 1960's. Most families had one car. Consequently the residents of Holiday Gardens were only provided with one space per unit. Most of the residents must rely on street parking for themselves, theirs guests, and visitors. The problem is there is seldom any street parking available. There are several reasons for the lack of street parking. Trolley riders park their vehicles there for days at a time. The apartments on Oaklawn Avenue are encouraging their residents to park on Woodlawn Avenue, and cars are abandoned and sit for weeks sometimes, before they are removed. We are requesting that you consider timed two (2) hour parking with passes for residents on Woodlawn Avenue, Colorado Avenue, and "G" Street. Sincerely, TYCO Property Management Co., Inc. cc: B.O.D., file E-mail: TYCO MG MT(~PAC BELL.NET EventCount-748 DATASETS: Site: ChannelA: ChannelB: Survey Duration: File: (Regular) Identifier: Algorithm: PROFILE: Filter time: Name: Method: Units: In profile: EventCount-748 Page 1 City of Chula Vista Traffic Enqineerin.q Event Counts [~/oodlawn] Between G and H Street 1 - North bound. - Added to totals. (1) 0 - Unused or unknown. - Added to totals. (1) 10:00 Tue 18 Feb 2003 to 11:51 Fri 21 Feb 2003 C:\Program Fi[es\MetroCount v220\User\Data\Chula Vista~2003\Woodlawn21FEB2003.EC0 E7500ZKX MC56-6 [MC55] (c)Microcom 02/03/01 Event count 10:00 Tue 18 Feb 2003 to 11:51 Fri 21 Feb 2003 Factory default profile Count axles divided by two. Non-Metric (ft, mi, f/s, mph, lb, ton) 3203 Events Tue 18 Feb 2003 - Total=722(incomplete), 15 minute drops, ~:~o ozoo o2oo c.~oo o~oo o5oo c-_':~ 0700 o~oo 0900 ,_000 :zoo z:oo .......... 53 48 60 62 64 82 105 9! 54 34 27 24 14 PM PkHr 16:00 to 17:00 (n=105), PM PHF=0.?7 Wed 19 Feb 2003 - Total=6~99, 15 minute drops, -F~r~,C ~coo ozoo 0200 ~,zoo 0400 0500 o5:,~ ovoo 0800 o..oo '-~09 *_zoo z2oo ,.~oc :~oo ~5oo ,-~oo "_.~oo ~6oo ~oo 2oo~ 2:o0 2200 550o AM PkHr t t :30 to 12:30 (n=65), AM PHF=0.86 PM PkHr t5:t5 to 16:t 5 (n=70}, PM PHF=O.76 Thu 20 Feb 2003 - Total='r3~, 15 minute drops, :ooo oioo o~oo c~oo 0400 o6oo c9oo o?oo o~oo o~oo z~oo iloo :~oo i~oo :~oo ~5oo i~oo ?700 :~aoo i~oo 2000 ~ioo 2=00 ~aoo AM PkHr 11:45 to t2:45 (n=62), AM PHF--0.70 PM PkHr t7:t 5 to 18:t 5 (n--202), PM PHF--0.79 Fri 21 Feb 2003 -Total=479(incomplete), 15 minute drops, EventCount-747 DATASETS: Site: ChannelA: ChannelB: Survey Duration: File: (Regular) Identifier: Algorithm: PROFILE: Filter time: Name: Method: Units: In profile: Even~Godnt-747 Ps~e i City of Chula Vista Traffic Enqineerinq Event Counts [Colorado] South of G Street 1 - North bound. - Added to totals. (1) 0 - Unused or unknown. ~ Added to totals. (1) 10:00 Tue 18 Feb 2003 to 11:16 Fri 21 Feb 2003 C:\Program Files\MetroCount v220\User\Data\Chula Vista~2003\Colorado21 FEB2003.EC0 E7523R4Z MC56-6 [MC55] (c)Microcom 02/03/01 Event count 10:00 Tue 18 Feb 2003 to 11:16 Fri21 Feb 2003 Factory default profile Count axles divided by two. Non-Metric (fi, mi, f/s, mph, lb, ton) 1658 Events Tue 18 Feb 2003 - Total=446(incompiete), 15 minute drops, PM PkHr 16;30 to 17:30 (n=55), PM PHF=0.$6 Wed 19 Feb 2003 -Total=5~, 15 minute drops, 7'¢-^U, :coo oioo 0200 0.~00 0400 0500 0~;~ 0700 0~00 0~00 i~oo iioo i200 i300 i~oo i500 i600 i~oo i~oo i~oo :ooc ~ioo 0200 ~00 AM PkHr 07:00 to 08:00 (n=60), AM PHF=0.83 PM PkHr 14:30 to '[5:30 (n=48), PM PHF=0.86 Thu 20 Feb 2003 - Total=,&8~, 15 minute drops, ;soo oioo 0200 0~oo o~oo osoo o~oo o~o0 osoo 0800 icoo ilOO 12oo i~o0 i~oo i5oo i6oo I~oo i8oo i9oo 2ooo 2ioo 2200 AM PkHr 07:00 to 06:00 (n--46), AM PHF=0.77 PM PkHr 16:15 to 4;':15 {n=42), PM PHF=0.75 Fri 21 Feb 2003 - Total=162(incomplete), 15 minute drops, ~000 0100 0000 ~300 0~00 0500 OGO0 0700 0800 0800 !000 1100 1200 1300 !~00 i500 160~ 1700 ieo0 i~o0 2000 2i00 -~00 EventCount-749 Page 1 City of Chula Vista Traffic Enclineerinq Event Counts EventCount-749 DATASETS: Site: ChannelA: ChannelB: Survey Duration: File: (Regular) Identifier: Algorithm: PROFILE: Filter time: Name: Method: Units: In profile: IVY] Between Woodlawn and Oaklawn 2 - East bound. - Added to totals. (1) 0 - Unused or unknown. - Added to totals. (1) 10:o0 Tue 18 Feb 2003 to 11:54 Fri 21 Feb 2003 C:\Program Files\MetroCount v220\User\Data\Chula Vista~2003\G Street21 FEB2003.EC0 E944KPW MC56-6 [MC55] (c)Microcom 02/03/01 Event count 10:00 Tue 18 Feb 2003 to 11:54 Fri 21 Feb 2003 Factory default profile Count axles divided by two. Non-Metric (ft, mi, f/s, mph, lb, ton) 9833 Events Tue 18 Feb 2003 -Total=2499(incomplete), 15 minute drops, .......... i~6 3.30 174 i.~l 20`- 268 287 287 234 160 "-26 120 89 56 ......... ........ ~' 49 40 4.= 31 ~3 73 65 49 39 2-¢ 32 30 12 .......... .......... ~ 35 42 '~2 55 6! 7~ 82 59 34 30 20 14 i5 PM PkHr 17:15 to 18:15 (n=2~12), PM PHF=0.89 Wed 19 Feb 2003 - Total=.2~..~, 15 minute drops, 2200 0200 0200 [300 0400 0500 0~C0 0700 0800 0900 10£3 Il00 1200 !300 1400 1500 1603 !?0O 1800 !900 2000 2!00 2200 2300 6 ~u 0 5 9 24 24 60 49 35 ~ 56 62 54 70 69 70 74 43 46 26 22 18 lO AM PkHr 11 ;45 to 12:45 (n=216), AM PHF=0.92 PM PkHr 16:30 to 17:30 (n=291), PM PHF=O.86 Thu 20 Feb 2003. Total=3¢.9~, 15 minute drops, m,-~ :::0 ozoo o20o c~oo o~oo osoo c=-:0 o?oo osoo 0900 :::~ z`-oo ~2oo ,_300 :~oo 15oo 15o~ z~oo 3soo ,-900 2000 2'-oo =200 2300 2 4 2 2 5 7 19 49 44 32 45 46 50 40 54 70 56 84 61 52 25 28 32 0 3 4 5 4 5 19 52 45 37 43 4~ 59 60 54 59 70 72 89 71 49 46 28 13 0 2 5 2 4 8 16 44 54 40 45 50 55 56 46 60 58 65 88 61 44 25 37 21 0 AM PkHr 11:45 to 12:45 (n=233), AM PHF=O.86 PM PkHr 17:00 to t8:00 (n=335), PM PHF--0.94 Fri 21 Feb 2003 - Total=515(incomplete), 15 minute drops, oooo o`-oo o:oo o~oo o,:oo o5oo 0500 o'~oo oaoo o~oo zooo ~.zoo `-2oo z3oo z~oo `-5oo 15oo ~-?oo z8oo ~9oo 2000 2zoo 2~oo 2300 Begin: End Holiday Gardens Condo Parking Study 4:00 PM Feb. 13, 2002 2:30 PM Feb. 14, 2003 HOURS Number of (At Least) Vehicles % Group % <2 * 16 6.58 2 * 3 1.23 9.47 4 * 4 1.65 <2 40 16.46 29.22 2 31 12.76 4 17 7.00 6 7 2.88 I1.11 8 3 1.23 10.5 10 4.12 12.5 10 4.12 14.5 15 6.17 30.04 16.5 11 4.53 18.5 19 7.82 20.5 8 3.29 All 49 20.16 20. i6 Total Vehicles 243 100.00 100.00 Total * Total ** 23 (included in the numbers above) 14 (not included in the numbers above) All = Vehicle was there the entire time the study was conducted. * = Vehicle was parked (or still parked) them at 8 PM but not at 6:30 AM when the next survey was done (vehicle may liave stayed there overnight) ** = Vehicle was parked there only the last t/me the parking was surveyed (at 2:30 PM) Parkin~ Soaces G St. (South side) 8 Woodlawn 60 Colorado 47 Total 115 Emotv Trolley Soaces 8:30 AM- 4:00 PM 70- 116 6:00 PM - 6:30 AM 221 - 262 RESOLUTION NO. 2003- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING 2-HOUR TIME LIMITED PARKING ON THE 400 BLOCK OF WOODLAWN AVENUE AND COLORADO AVENUE AND AMENDING SCHEDULE VI OF THE REGISTER MAINTAINED IN THE OFFICE OF THE CITY ENGINEER WHEREAS, on October 24, 2002, staff received a letter bom Tyco Property Management Company, written at the direction of the Board of Directors of the Holiday Gardens Homeowners Association, requesting 2-hour time limited parking on Woodlawn Ave., Colorado Ave., and "G" Street; and WHEREAS, the letter noted that their complex, which was built in 1960's, has inadequate on-site parking and residents must rely on street parking for their vehicles; and WHEREAS, the request for the 2-hour parking zone is to discourage the residents of Windsor Heights fi*om parking their vehicles in fi*ont of the single-family homes for the entire day; and WHEREAS, they requested the 2-hour parking zone in order to discourage people who do not live in the immediate area from parking their vehicles on these streets for long periods of time; and WHEREAS, upon receiving the request, staff performed field investigations and a parking study at the subject location and concludes the concerns raised by the residents have merit and the request for a 2-hour parking zone is a viable measure to correct the parking situation; and WHEREAS, the Safety Commission, at its meet'mg of March 13, 2003, voted 6-1- 0), to accept staff's report to recommend to the City Council that the Council pass a resolution establishing a 2-hour time limited parking on the 400 block of both Woodlawn Avenue and Colorado Avenue. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby establish 2-hour time limited parking on the 400 block of both Woodlawn Avenue and Colorado Avenue and amending Schedule VI of the register maintained in the Office of the City Engineer as follows: 5-15 Schedule VI - Parking Time Limited on Certain Streets Two Hour Parking Except Sundays and Public Holidays Length of Time Name of Street Beginning at Ending at Side Permitted Woodlawn Ave. "G" Street "H" Street East & West 2 Hour The cul-de-sac south Colorado Ave. "G" Street of"G" Street East & West 2 Hour BE IT FURTHER RESOLVED that the City Engineer shall issue and administer permits for residents who live directly adjacent to the segments of the streets mentioned above that will exempt them fi.om the prohibitions or restrictions of this Resolution; and BE IT FURTHER RESOLVED that in addition to any other requirements the City Engineer may deem necessary to administer the permit program, a permit will not be issued unless an applicant provides proof of residence at an affected address, proof of ownership of the vehicle for which the permit is to be issued, and positive personal identification such as a California Drivers license; and BE IT FURTHER RESOLVED that only two (2) permits shall be issued to each unit in the Holiday Garden Condominium complex. Presented by Approved as to form by Cliff Swanson Director of Engineering Ann Moore City Attorney [J:~ATTORNEY\RESO\ StreetX2-hours limited parking] COUNCIL AGENDA STATEMENT Item ¢ Meeting Date 4/15/03 ITEM TITLE: SUBMITTED BY: REVIEWED BY: Resolution Approving the twelfth amendment to the agreement between the City of Chula Vista and Rick Engineering Company for additional environmental, preliminary engineering and final engineering design services for the 1-805/East Orange Avenue/Olympic Parkway interchange; appropriating TDI1e funds; waiving the consultant selection process and authorizing the Mayor to execute said amendment in behalf of the City Director of Engineering~ City Manager ~{~ (4/5ths Vote: Yes X No .) On January 23, 1996, Council by Resolution No. 18193 approved a contract with Rick Engineering for preliminary engineering design services for three interchanges on Interstate 805 at Telegraph Canyon Road, Olympic Parkway, and East Palomar Street. Since then, due to-additional work requirements by Caltrans, eleven amendments to this contract have been made. These amendments were approved by Council on: January 21, 1997 (Resolution 18555), May 20, 1997 (Resolution No. 18670), August 5, 1997 (Resolution 18749), November 17,1998 (Resolution 19269), July 13, 1999 (Resolution No. 19540), February 22, 2000 (Resolution 2000-062), and June 20, 2000 (Resolution No. 2000-224), and January 4, 2001. The ninth amendment was approved at the stafflevel, since the amendment was for less than the Council Policy No. 574-01 dictates. The tenth amendment was approved by Council on March 6, 2001(Resolution 2001-048) and the eleventh amendment on September 18,2001 (Resolution2001-314). Thetwelfth amendment to the contract willprovide for additional preliminary and final design drawings and environmental work needed to comply with State and Federal requirements at the 1-805/East Orange Avenue/Olympic Parkway interchange. RECOMMENDATION: That Council approve a resolution approving the twelfth amendment to the agreement between the City of Chula Vista and Rick Engineering Company for the additional out of scope services related to preliminary and final design and environmental document work for the 1-805/East Orange Avenue/Olympic Parkway interchange project (CIP No. STM-328); appropriate $430,575 from the unappropriated balance of the TDIF; waiving the consultant selection process and authorizing the Mayor to execute said amendment in behalf of the City. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: In late 1995, after a thorough selection process, staff recommended that Rick Engineering Company be awarded a contract for engineering services for three intemhanges with Interstate 805 at Telegraph Canyon Road, Olympic Parkway and East Palomar Street. Council Resolution No. 18193 approved the agreement with Rick Engineering Company on January 23, 1996. Since then, Rick Engineering has worked diligently to design and process the project with all the agencies involved (local, State, and Federal). 2, Item ~ Page Meeting Date 4/15/03 Previous Contract Amendments During this period, eleven amendments to the contract have been approved due to modification, delays, and changes by Caltrans encountered throughout the planning and design phases of the three interchanges and one roadway representing four CIP projects (see Exhibit 1 for a summary of each amendment). The first two amendments were approved by Council Resolution Nos. 18555 and 18670 increasing the original contact cost of $503,120 to $648,390. The third amendment to the contract was necessary to have Rick Engineering prepare a Noise Barrier Scope Summary Report in connection with an opportunity to obtain State funding from their retrofit soundwall program along freeways. This amendment authorized $6,000 for preparation of the Noise barrier report. The City=s application for State Soundwall Retrofit funding was successful in the amount of $1.14 million. These funds will be used to offset part of the construction cost of the Olympic Parkway lntemhange. The fourth ($355,050) and fifth ($174,700) amendments to the contract covered additional follow-up work required by Caltrans, affecting all three intemhanges. The sixth ($73,700) and seventh ($132,100) amendments to the Rick Engineering contract provided for the completion of the Plans, Specifications and Estimate (PS&E) for the Olympic Parkway roadway section only between a point just east of the Pac-Bell utility vault, east of Oleander Avenue to Brandywine Avenue. This was roadway widening work which was originally to be completed by the Sunbow 1I developer. This widening project is a TransDif (TDIF) project to be constructed by the TDIF program. Since the developer will receive TDIF credit and the federal demonstration funding was intended to supplement the TDIF, it made sense to staff to move the responsibility to build it by the TDIF program to the City in order take advantage of the funding opportunity. Therefore, staff proposed moving the construction of the widening project and combining it with the interchange project. Subsequently this phase was separated from the interchange project in order to complete the widening on the same schedule as the segment from Brandywine Avenue to Paseo Ranchero that is being constructed by the developers. The eighth amendment ($1 ;423,360) to the Rick Engineering contract provided for the completion of the final design PS&E for the 1-805/Olympic Parkway intemhange and the roadway portion of Olympic Parkway from Melrose Avenue to the Pac-Bell vault located just east of Oleander Avenue. The intersection of Olympic Parkway and Oleander Avenue and a portion of the work to the east (to the Pac-Bell vault) will be done with the eighth amendment due to the long lead time required for Pac-Bell to relocate their fiber optic utility vault. The ninth amendment ($43,640) was recently approved at the staff level since the contract amendment amount is below the amount required to go to Council. This amendment provided for additional traffic analysis requested by Caltrans for the 1-805 interchanges, additional noise impact analysis required with respect to the soundwall design on Olympic Parkway and related expenses. The tenth amendment ($66,990) to the contract was approved by Council on March 6, 2001 by Resolution No. 2001-048 and provided for the general engineering design services for the signalized intersection at the existing intersection of Olympic Parkway and Concord Way. Rick Engineering provided traffic signal and improvement plan design work for modifications to the raised median on Olympic Parkway in order to provide an access point into and out of the Star Orange Condominium project. KTU+A, a subc0nsultant for Rick Engineering, provided landscape architectural services Page 3, Item Meeting Date 4/15/03 for the planting and irrigation of the project as well as the conceptual plans as required for the above design change. The eleventh amendment ($426,642) was approved by Council on September 18, 2001, and provided the right-of-way acquisition services needed along the 1-805 corridor for the sound walls, additional structural calculations for additional sound walls along East Orange Avenue and Olympic Parkway and revisions to the Noise Analysis report for the condominium project soundwalls. Proposed Contract Amendment (STM-328) For this twelfth amendment ($430,575), Kick Engineering will be providing additional Environmer~tal, Preliminary Engineering, and Final Engineering Services necessary to complete the 1-805/E. Orange Avenue/Olympic Parkway Interchange project (see Exhibit 2). The work involved pertains to the completion of the Draft Project Report, Project Report, Noise Abatement Decision Report, Environmental Assessment, Environmental Technical Reports, and PS&E plans (see Exhibit 3). The additional scope of work and fees are specifically defined as follows: Task No. 1: Draft Project Report/Project Report (DPR/PR) Based on Caltrans, Federal Highway Administration (FHWA), and comments received from the Public Review process, revise and complete the Draft Project Report (DPR) for the 1-805/E. Orange Avenue/Olympic Parkway Interchange project. This work assures that the Environmental Assessment Report prepared by Helix Environmental Planning, Inc. is consistent with the DPR prior to and after Public Review. The work to be performed includes, but is not limited to: · Revise the Draft Project Report as necessary based on reviews by Caltrans, FHWA, and the Public Review process. · Update 2020 Traffic data to year 2025 as requested by FHWA. · Revise 11-page cost estimates to include new, noise abatement alternatives (see Task No. 2). · Update exhibits to show current design concept reflective of scope changes above. · Update right of way data sheets reflective of scope changes above. Once the Environmental Assessment Report is approved by FHWA, Caltrans, and the City of Chula Vista, the Project Report will need to be reviewed and approved by Caltrans and the City of Chula Vista. Task No. 2: Noise Abatement Decision Report (NADR): Originally, nine of the project area noise receptor sites were evaluated under City of Chula Vista criteria in the Acoustical Assessment (based on previous direction by Caltrans). The Acoustical Assessment was then submitted to FHWA for review. Based on FHWA's review of the Acoustical Assessment, the report must now address and evaluate all area noise receptors within the project limits. The Acoustical Assessment will now need to evaluate two, additional noise barrier locations for the project. Page 4, Item ~ Meeting Date 4/15/03 Based on the required change to the Acoustical Assessment, the Noise Abatement Decision Report (NADR) for this project needs to be updated. The work to be performed includes: · Incorporate all comments from Caltrans and FHWA. · Value analyze various alternatives (walls, berms) for areas along the freeway, south of the E. Orange Ave./Olympic Parkway Overerossing and implement the alternative(s) into the project. · Coordinate with Bob Avilla, Caltrans Noise Environmental, and Mike Komula, Pacific Noise Control, noise abatement measures necessary for this project. · Directly coordinate issues with Jayne Dowda, Caltrans Noise Environmental Branch Chief, for final revisions into the NADR prior to sending the document to FHWA. · Implement the Community's thoughts and opinions into the NADR. · Evaluate the new noise barrier locations Task No. 3: Environmental Coordination: Based on Caltrans and FHWA's requested changes, as well as comments generated from the Public Review process, assist Helix Environmental Planning, Inc. in revising and completing the Environmental Assessment Report (EA) for the 1-805/E. Orange Avenue/Olympic Parkway Interchange project. This work assures that the Environmental Assessment Report prepared by Helix Environmental Planning, Inc. is in agreement with the Draft Project Report and the Noise Abatement Decision Report prior to and after Public Review. The work to be performed includes, for example, but is not limited to: Provide direct support to Helix Environmental Planning Inc. staff to finalize the EA. Provide additional information/exhibits/files necessary to Helix Environmental Planning, Inc. to incorporate into the EA. Task No. 4: Right of Wa,/Coordination: Provide additional right of way support services to Smith, Kempton, and Watts, as well as, JANMAC, Inc. for acquisition of easements and property for the subject project. Scope change work to be done with this task is as follows, but not limited to: · Support Smith, Kempton, and Watts (City of Chula Vista consultant), JANMAC, and Caltrans with exhibits/information in their attempt for Early Acquisition Approval for this project, · Provide surveys and survey coordination that is deemed necessary for appraisal efforts. · Coordination with Jerry LePage, Caltrans Right of Way, for providing proper documentation for updating Caltrans right of way maps. Task No. 5: Property Owner Contacts: Due to the necessity of the Noise Abatement Decision Report (NADR), property owners need to be contacted sooner than anticipated. Thus, additional contact letters need to be sent out and subsequently followed-up by phone in order to receive all responses in a timely manner. After all owners are contacted, the City of Chula Vista scheduled with the community an informal Public Workshop on February 24th to discuss the noise abatement features planned for the subject project. Page 5, Item !~2 Meeting Date 4/15/03 Rick Engineering Company prepared the documents used to contact the commtmity notifying them of said public workshop. The consultant provided all exhibits and informational packets needed for the public workshop. Also, based on current practices at Caltrans, District 11, each property affected by a sound wall will need to be identified on the final design plans. For each property, a field survey will need to be completed and on the final design plans, potential impacts will need to be identified. Additional lot documentation will be needed of each affected lot for this project in order to properly assess the existing conditions. This work constitutes additional field visits to the project site that were not originally anticipated. Task No. 6, Plans, Specifications, and Estimates (PS&E): The following is work required by Caltrans not included in the original contract or the previous addendum for this task: · Prepare a Transportation Management Plan (TMP). Work to include direct coordination with Caltrans TMC staff. · Prepare a Construction Management Plan (CMP) utilizing the Primavera software as requested by Caltrans' Construction Division. · General plan revisions/design revisions necessary due to Caltrans' re-direction from previous submittals. · Individual site plans for sound wall impacts (as stated above in Task #5). · Indicate all right of way "work-arounds" on plans as requested by the Caltrans' Right of Way Department. · Revise Water Pollution Control Plans to current Caltrans District 11 standards. · Incorporate new Caltrans notes and details for Erosion Control design per the direction of Caltrans District 11. · Prepare additional sound wall plans for the proposed new noise barrier locations along E. Orange Avenue. · Assist the City of Chula Vista in coordinating the Utility Agreements with Caltrans. Task No. 7: NPDES/Storm Water Compliance: Due to the Caltrans Storm Water Quality Handbooks and Procedures changing in September 2002, the following items will need to be completed in addition to the work required for the PS&E plan set: · Prepare a Storm Water Data Report (SWDR). · Update the existing Storm Water Pollution Prevention Plan (SWPPP) to current Caltrans' standards. · Prepare and complete Appendix 'E' of the September 2002 version of the Caltrans Storm Water Quality Handbooks. Page 6, Item ~/ Meeting Date 4/15/03 Task No. 8: Additional Environmental Services, Helix Environmental Planning, Inc.: Rick Engineering and Helix Environmental Planning needed to attend additional meetings with Caltrans in order to address Caltrans' and FHWA comments in the NADR. In addition, the comments required changes in all of the technical reports. Task No. 9: Additional Structural Services, T.Y. Lin International - McDaniel: Due to changes in the Caltrans Structural Standard Special Provisions and Caltrans "Guidelines for Foundation Investigations and Reports", update the Structural Special Provisions and Foundation plans for this project. Task No. 10: Additional Geotechnical Services, Ninyo & Moore: Based on comments received from FHWA's review of the Draft Project Report, the Hazardous Waste Initial Site Assessment (ISA) and Lead-Testing Reports need to be updated. (See attached details.) Due to changes associated with the Noise Barrier alternatives/locations for the project, update the Geotechnical Design Report to reflect the current design for the roadway improvements. Log of Test Boring sheets generated from this document will be utilized in the PS&E set of plans. (See attached details.) Task No. 11: Additional Right of Way Services~ JANMAC, Inc.: Due to the addition of noise barriers along E. Orange Avenue, acquisition and appraisal services (cost to cure estimates lying within the temporary construction easement areas) will be needed. Reimbursables: Reimbursable expenses such as printing, copying, blueprinting, plotting, mylars, and delivery charges will be invoiced to the City at the cost incurred by the Consultant in preparation and processing of the work product as defined by the above scope of services. Fees: Rick Engineering Company will perform the above services for the fees as described below. Public agency processing fees and deposits or work not specifically described under the scope of work are excluded from this agreement. Fees and expenses are to be incorporated as an addendum to our existing contract. 1. Task No. 1: Draft Project Report (DPR) $ 41,900.00 2. Task No. 2: Noise Abatement Decision Report (NADR) 46,100.00 3. Task No. 3: Environmental Coordination 28,600.00 4. Task No. 4: Right of Way Coordination 17,900.00 5. Task No. 5: Property Owner Contacts 47,400.00 Page 7, Item Meeting Date 4/15/03 6. Task No. 6: Plans, Specifications, and Estimates (PS&E) 7. Task No. 7: NPDES/Storm Water Compliance 8. Task No. 8: Environmental Services, Helix Environmental 9. Task No. 9: Structural Services, T.Y. Lin Intemational-McDaniel 10. Task No. 10: Geotechnical Services, Ninyo & Moore 11. Task No. 11: Additional Right of Way Services, JANMAC, Inc. 12. Reimbursables TOTALS: 89,600.00 32,200.00 100,550.00 4,425.00 5,100.00 7,600.00 9,200.00 430,575.00 As in the case of the previous amendments, Rick Engineering Company, and their subconsultants, propose to accomplish this additional scope of work at what we believe is a reasonable price. Rick Engineering is being proposed to do the design change order for this work without a new competitive consultant selection process because they are the "Engineer-of-work" for this project and thus possess extensive cumulative knowledge of the project planning and design essential for the successful completion of this project and the original RFP indicated that the design could be contracted for on the basis of that RFP if the consultant's work was satisfactory. Rick Engineering is at the 90% design completion phase for this interchange and it would be more efficient if they completed the work. Rick Engineering's performance and extensive cumulative knowledge of the project will be valuable in quickly completing this critical element of our transportation system. Accordingly, staff is recommending that the City Council waive the consultant selection process of Municipal Code Section 2.56.070 because of the substantial design work already performed by Rick Engineering on the project, which makes the selection impractical and potentially detrimental to the project in light of the need for coordinated design drawings and that the original RFP proposed such an arrangement. The proposed amendment provides for the reimbursement of up to $9,200 in expenses incurred by Rick Engineering and the subconsultants in the performance of the additional work. These expenses include the cost of making blueprints and copies of various reports. The reimbursable expenses are a budget item for all phases (projects) included in the contract. The contract changes for this project are related to work done only on the 1-805/East Orange Avenue/Olympic Parkway interchange project. Due to the urgency on the time constraints necessary to meet the project schedule for the California Transportation Commission heating on the allocation of the $9 million in STP funds for this project, this additional scope of work has been started at the direction of staff and Council approval is now requested. Timely provision of these services safeguards a major non-local funding element of the project. FISCAL IMPACT: The proposed twelfth amendment will increase the contract with Rick Engineering, as amended, by $430,575 to $3,781,147. All of the costs associated with this amendment, as well as the amended contract, will be funded from the TDIF. There are sufficient funds in the project fund to cover the proposed increase. City staff will be involved in oversight, coordination and direction. The City project number is 2409328591. The project funding for the interchange project is as follows: Federal: DEMO $5,132,000 RSTP 8,446,000 State: STIP RIP $1,145,000 Local: TransNet $3,422,000 TDIF 3,255,000 Additional TDIF 430,575 Total Funds for project $21,830,575 Page 8, Item ~ Meeting Date 4/15/03 ATTACHMENTS: 1. General description of work for each phase 2. CIP No. STM-328. 3. Rick Engineering Company Scope of Work dated February 18, 2003 J:XEngineer~AGENDA\I2RICKal 13.fxr.doc File No. 0735-10-STM328 RICK ENGINEERING COMPANY s=,, Oiego Riverside Orange Phoenix Tucson February 18, 2003 Mr. Cliff Swanson City of Chula Vista 276 Fourth Avenue Chula Vista, California 91910 SUBJECT: 1-805/E. ORANGE AVENUE/OLYMPIC PARKWAY INTERCHANGE PROJECT - ADDITIONAL ENVIRONMENTAL, PRELIMINARY ENGINEERING, AND FINAL ENGINEERING SERVICES (JOB NUMBER 12755) Dear Cliff: We are providing a proposal for additional Environmental and Engineering consultant services necessary to complete the 1-805/E. Orange Avenue/Olympic Parkway Intemhange project. The work involved pertains to the completion of the Draft Project Report, Project Report, Noise Abatement Decision Report, Environmental Assessment, Environmental Technical Reports, and PS&E plans. The additional scope of work and fees are specifically defined as follows: Scooe of Work: Task Number 1: Drall Proiect Report/Project Report (DPR/PR) Based on Caltrans, Federal Highway Administration (FHWA), and comments received from the Public Review process, revise and complete the Draft Project Report (DPR) for the 1-805/E. Orange Avenue/Olympic Parkway Interchange project. This work assures that the Environmental Assessment Report prepared by Helix Environmental Planning, Inc. is consistent with the DPR prior to and after Public Review. The work to be perfornaed includes, but is not limited to: · Revise the Draft Project Report, as necessary, based on reviews by Caltrans, FHWA, and the Public Review process. · Update 2020 Traffic data to Year 2025 as requested by FHWA. · Revise 11-page cost estimates to include new noise abatement alternatives (see Task Number 2). · Update exhibits to show current design concept reflective of scope changes above. · Update right-of-way data sheets reflective of scope changes above. 5620 Friars Road · SanDiego · California · 92110-2596 · (619)291 0707 · FAX: (619)291-4165 · www,rickcnginccring.com Mr. Cliff Swanson February 18, 2003 Page 2 of 6 Once the Environmental Assessment Report is approved by FHWA, Caltrans, and the City of Chula Vista, the Project Report will need to be reviewed and approved by Caltrans and the City of Chula Vista. Task Ntunber 2: Noise Abatement Decision Report (NADR): Originally, nine of the project area noise receptor sites were evaluated under City of Chula Vista criteria in the Acoustical Assessment (based on previous direction by Caltrans). The Acoustical Assessment was then submitted to FHWA for review. Based on FHWA's review of the Acoustical Assessment, the report must now address and evaluate all area noise receptors within the project limits. The Acoustical Assessment will now need to evaluate two additional noise barrier locations for the project. Based on the required change to the Acoustical Assessment, the Noise Abatement Decision Report (NADR) for this project needs to be updated. The work to be performed includes: Incorporate all comments from Caltrans and FHWA. · Value analyze various altematives (walls, berms) for areas along the freeway, south of the E. Orange Avenue/Olympic Parkway Overcrossing and implement the alternative(s) into the project. Coordinate with Bob Avilla, Caltrans Noise Environmental, and Mike Komula, Pacific Noise Control, noise abatement measures necessary for this project. · Directly coordinate issues with Jayne Dowda, Caltrans Noise Environmental Branch Chief, for final revisions into the NADR prior to sending the document to FHWA. , Implement the Community's thoughts and opinions into the NADR. · Evaluate the new noise barrier locations. Task Number 3: Environmental Coordination: Based on Caltrans and FHWA's requested changes, as well as comments generated from the Public Review process, assist Helix Environmental Planning, Inc. in revising and completing the Environmental Assessment Report (EA) for the 1-805/E. Orange Avenue/Olympic Parkway Interchange project. This work assures that the Environmental Assessment Report prepared by Helix Environmental Planning, Inc. is in agreement with the Draft Project Report and the Noise Abatement Decision Report prior to and after Public Review. The work to be performed includes, for example, but is not limited to: Mr. Cliff Swanson February 18, 2003 Page 3 of 6 Provide direct support to Helix Environmental Planning Inc. staff to finalize the EA. Provide additional information/exhibits/files necessary to Helix Environmental Planning, Inc. to incorporate into the EA. Task Number 4: Right-of-wav Coordination: Provide additional fight-of-way support services to Smith, Kempton, and Watts, as well as, JANMAC, Inc. for acquisition of easements and property for the subject project. Scope change work to be done with this task is as follows, but not limited to: · Support Smith, Kempton, and Watts (City of Chula Vista consultant), JANMAC, and Caltrans with exhibits/information in their attempt for Early Acquisition Approval for this project. · Provide surveys and survey coordination that is deemed necessary for appraisal efforts. · Coordination with Jerry LePage, Caltrans Right-of-way, for providing proper documentation for updating Caltrans right-of-way maps. Task Number 5: Provertv Owner Contacts: Due to the necessity of the Noise Abatement Decision Report (NADR), property owners need to be contacted sooner than anticipated. This said, additional contact letters need to be sent out and subsequently followed-up by phone in order to receive all responses in a timely manner. After all owners are contacted, the City of Chula Vista will be scheduling with the community an informal Public Workshop to discuss the noise abatement features planned for the subject project. Rick Engineering Company will prepare the documents used to contact the community notifying them of said public workshop. Any exhibits and informational packets needed for the workshop will be provided by the Consultant. Also, based on current practices at Caltrans, District I 1, each property affected by a sound wall will need to be identified on the final design plans. For each property, a field survey will need to be completed and on the final design plans, potential impacts will need to be identified. Additional lot documentation will be needed of each affected lot for this project in order to properly assess the existing conditions. This work constitutes additional field visits to the project site that were not originally anticipated. Mr. Cliff Swanson February 18, 2003 Page 4 of 6 Task Number 6, Plans, Specifications, and Estimates (PS&E): The following is work required by Caltrans not included in the original contract or the previous addendum for this task: · Prepare a Transportation Management Plan (TMP). Work to include direct coordination with Caltrans TMC staff. · Prepare a Construction Management Plan (CMP) utilizing the Primavera software as requested by Caltrans' Construction Division. · General plan revisions/design revisions necessary due to Caltrans' re-direction from previous submittals. · Individual site plans for sound wall impacts (as stated above in Task Number 5). · Indicate all right-of-way "work-arounds' on plans as requested by the Caltrans' Right-of- way Department. · Revise Water Pollution Control Plans to current Caltrans District 11 standards. · Incorporate new Caltrans notes and details for Erosion Control design per the direction of Caltrans District 11. · Prepare additional sound wall plans for the proposed new noise barrier locations along E. Orange Avenue. · Assist the City of Chula Vista in coordinating the Utility Agreements with Caltrans. Task Number 7: NPDES/Storm Water Compliance: Due to the Caltrans Storm Water Quality Handbooks and Procedures changing in September 2002, the following items will need to be completed in addition to the work required for the PS&E plan set: · Prepare a Storm Water Data Report (SWDR). · Update the existing Storm Water Pollution Prevention Plan (SWPPP) to current Caltrans' standards. · Prepare and complete Appendix 'E' of the September 2002 version of the Caltrans Storm Water Quality Handbooks. Task Number 8: Additional Environmental Services, Helix Environmental Planning, Inc.: See attached details. Mr. Cliff Swanson February 18, 2003 Page 5 of 6 Task Number 9: Additional Structural Services, T.Y. Lin International - McDaniel: Due to changes in the Caltrans Structural Standard Special Provisions and Caltrans "Guidelines for Foundation Investigations and Reports", update the Structural Special Provisions and Foundation plans for this project. Task Number 10: Additional Geotechnical Services, Ninvo & Moore: Based on comments received from FHWA's review of the Draft Project Report, the Hazardous Waste Initial Site Assessment (ISA) and Lead-Testing Reports need to be updated. (See attached details.) Due to changes associated with the Noise Barrier alternatives/locations for the project, update the Geotechnical Design Report to reflect the current design for the roadway improvements. Log of Test Boring sheets generated from this document will be utilized in the PS&E set of plans. (See attached details.) Task Number 11: Additional Right-of~way Services, JANMAC~ Inc.: Due to the addition of noise barriers along E. Orange Avenue, acquisition and appraisal services (cost to cure estimates lying within the temporary construction easement areas) will be needed. Reimbursables: Reimbursable expenses such as printing, copying, blueprinting, plotting, mylars, and delivery charges will be invoiced to the City at the cost incurred by the Consultant in preparation and processing of the work product as defined by the above scope of services. .~ees: We will perform the above services for the fees as described below. Public agency processing fees and deposits or work not specifically described under the scope of work are excluded from this agreement. Fees and expenses are to be incorporated as an addendum to our existing contract. 1. Task No. 1: Draft Project Report (DPR) $ 41,900.00 2. Task No. 2: Noise Abatement Decision Report (NADR) $ 46,100.00 Mr. Cliff Swanson February 18, 2003 Page 6 of 6 3. Task No. 3: Environmental Coordination $ 28,600.00 4. Task No. 4: Right of Way Coordination $ 17,900.00 5. Task No. 5: Property Owner Contacts $ 47,400.00 6. Task No. 6: Plans, Specifications, and Estimates (PS&E) $ 89,600.00 7. Task No. 7: NPDES/Storm Water Compliance $ 32,200.00 8. Task No. 8: Environmental Services, Helix Environmental $ 100,550.00 9. Task No. 9: Structural Services, T.Y. Lin Intemational-McDaniel $ 4,425.00 10. Task No. 10: Geotechnical Services, Ninyo & Moore $ 5,100.00 11. Task No. 11: Additional Right of Way Services, JANMAC, Inc. $ 7,600.00 12 Reimbursables $ 9,200.00 TOTALS: $ 430,575.00 If you have any questions or need any clarification on this proposal, please give Edgar Camerino or me a call. Sincerely, RICK. ENGiNEERING COMPANY Kai E. Ramer R.C.E. #44146, Exp. 06/30/05 Associate Principal Ec:files\ 12755\contract\12755.023.doc Mr. Edgar Camerino - Rick Engineering Company Mr. Frank Rivera - City of Chula Vista 8100 La Mesa Blvd., Suite 150 La Mesa, CA 91941~476 e-mail: admin @ AelL~epi. com fax (619) 462-0552 phone (619) 462-1515 January 8,2003 Mr. Kal Raimer Rick Engineering Company 5620 Friars Road San Diego California 92110-2596 Subject: Revised Contract Augment to Provide Consulting Services for the 1-805/East Parkway Project Additional Environmental Orange Avenue/Olympic Dear Kai: HELIX Environmental Planning, Inc. (HELIX) is pleased to submit this revised contract augment (Augment) to Rick Engineering Company (Client) to provide additional environmental consulting services for the 1-805/East Orange Avenue/Olympic Parkway project. This proposed Augment will supercede and replace the Augment requests submitted to you on October 3, December 3 and December 16, 2002. Per request by Mr. Edgar Camerino of your office and a joint meeting with City of Chula Vista staff on January 7, 2003, this most current update includes additional detail regarding the scope and cost of project tasks conducted through December 2002 (Attachment 1), as well as updated scope and cost projections for completing the environmental process. The proposed Augment is necessary due to numerous unanticipated project changes, additions and delays that greatly exceeded our scope of services and exhausted our authorized budget (as noted in previous conversations with Client staff). Pursuant to direction by Client staff at various times during the described process, HELIX has continued to implement out-of-scope tasks in the face of budget shortfalls, with the understanding that these additional costs would be recouped in one or more subsequent contract augments. Accordingly, this revised Augment reflects costs incurred from the described out-of-scope tasks (i.e., our existing budget deficit), as well as projected funds necessary to complete the on- going environmental review process based on current conditions and requirements. Summaries of the existing project environmental analysis and budget status are provided below, followed by proposed scope of services, assumptions, schedule and costs. Additional detail on the breakdown of completed and projected scope and cost items (e.g., specific action items, dates and modifications) is provided as Attachment 1 of this Augment. CURRENT PROJECT ENVIRONMENTAL STATUS The project Environmental, Noise, Visual, Air Quality and/or Cultural Resource reports (among other documents) were submitted to Caltrans for FHWA review and comment on October 14 and December 13, 2002. The completion of these two rounds of FHWA review documents (as well as several previous Caltrans and 3~ / g J:\Projects~WdC-ALL\RiC-o3\Contracu¥-krOt0803 1-805 ^u~m~ut.doc Augment to Mr. Kai Raimer January 8, 2003 Page 2 of 6 City of Chula Vista screencheck reviews, see Attachment 1) entailed the incorporation of numerous out-of-scope items, as follows: (1) several changes in project features and design have occurred during the environmental review process, including the incorporation of earthen berm noise abatement barriers and substantial changes in the nature and format of the environmental and technical documents. These changes required multiple unanticipated text and graphic modifications, as well as significant schedule delays (with additional efforts related to continued work stoppages and "restarts"), meeting attendance requirements, several computer model "re-runs" and adjustments, and agency/Client consultation and coordination; (2) several additional modifications to project reports were required as a result of multiple updated engineering assumptions (e.g., incorporating draft 90 percent project plans), traffic information (e.g., existing and projected volumes and levels of service), accident levels and geographic data (e.g., street/agency names); and (3)changes described for Items 1 and 2 involved numerous unanticipated document reviews by regulatory agencies, with the changing and often piecemeal nature of these reviews necessitating a number of additional document iterations, meetings and associated tasks (e.g., document editing, printing and generation of related notes/correspondence, refer to Attachment 1). Preliminary comments on the project Environmental Document and related reports from FHWA were received on November 14, 2002. During the subsequent review and incorporation of these comments, the following additional out-of-scope tasks were required: (1) use of Year 2025 (rather than 2020) traffic data in the project description/analysis; (2) modification 9f project description text and graphics to reflect changes in proposed facilities (e.g., auxiliary lanes rather than ramp extensions north of Orange Avenue); (3) update of project description and noise analysis text to include LOS C traffic data, changes in the Noise Abatement Decision Report (NADR) and related mitigation efforts (e.g., reasonable/feasible conclusions, build/no-build decisions, funding sources and mitigation versus design assumptions); (4) changes in project description/analysis terminology (e.g., proposed project versus AlternatNe 1); (5) modification/expansion of impact analyses to reflect NEPA versus CEQA requirements (e.g., federal invasive weed, environmental justice and impact/mitigation terminology); and (6) submittal of an additional unanticipated set of review documents (including a detailed description of the nature and location of text modifications) to Caltrans prior to FHWA submittal. As noted above, the described out-of-scope tasks required additional unanticipated coordination with applicable agencies to resolve NEPA/CEQA (among other) issues and produce a mutually acceptable Environmental Document. The described additional tasks related to submitting multiple unanticipated review documents, responding to assodated comments and related efforts have resulted in the current budget deficit described below. Augment to Mr. Kal Raimer January 8, 2003 Page 3 of 6 CURRENT BUDGET STATUS Pursuant to your authorized amendment letter of August 27, 2002 (which was in response to an augment request by HELIX dated March 28, 2001), our current authorized budget for the described project is $209,931. Including our most recent invoice for services during the period of December 2 through 29, 2002 (totaling $10,486.38), this authorized budget exhibits an existing deficit of approximately $62,500. This deficit reflects the series of out-of-scope items and tasks described above under Current Project Environmental Status and in Attachment 1, as well as in previous conversations and correspondence with Client staff. SCOPE OF SERVICES Based on data provided by agency and project team staff, our understanding is that HELIX will be generally required to implement the following additional tasks to complete the environmental review process. Based on the history of agency review and requirements for this project, a complete and accurate projection of additions/revisions to the described scope is considered infeasible. The following scope and cost projections therefore reflect our understanding of project requirements as of the date of this Augment. This scope and cost very well may require additional updates to reflect future project changes and requirements. Task 1 Incorporate Agency Comments/Revisions. This task will involve the continued update of the Environmental Document to incorporate FHWA, Caltrans and City comments. Specific efforts will include: (1) ongoing coordination (including submittal of one additional screencheck document) and meetings with FHWA, Caltrans, City and/or project team staff to discuss and evaluate applicable comments; (2) revision of the Environment;l Document to include the agreed upon changes; (3) completion of a Notice of Availability (NOA) for the environmental document public review process; and (4) coordination with City/Caltrans staff on the NOA and related logistical efforts at public meetings (e.g., use of court reporters and translators). The estimated cost to complete this task is $10,500. Task 2 Produce and Submit Public Review Documents. This task will include printing and delivery of up to 100 copies of the project Environmental Report, and up to 25 copies each of the Noise, Air Quality and Cultural Resource technical reports (including documents for the City Resource Conservation Committee [RCC]). It is assumed that the Visual Report will be produced by KTU+A under a separate contract with Rick Engineering Company. The estimated cost to complete Task 2 is $4,500. Augment to Mr. Kai Raimer January 8, 2003 Page 4 of 6 Task 3 Responses to Comments. This task will include coordinating with Caltrans, City and project team staff on appropriate responses to comments, and preparing written responses based on these efforts for inclusion in the Final Environmental Report. The estimated cost to complete this task is $6,000. Task 4 Produce and Submit Final Documents. This task will include modifying the project Environmental, Noise and Air Quality reports as appropriate (i.e., based on public comments); incorporating the responses noted under Task 3; and printing and delivering up to 50 copies of the Environmental Report and up to 10 copies each of the Noise, Air Quality and Cultural Resource reports. It is assumed that the Final Visual Report will be produced by KTU+A under a separate contract with Rick Engineering Company. The estimated cost to complete Task 4 is $5,000. Task 5 Meeting Attendance. This task involves meeting attendance anticipated in association with Tasks 1 through 4. All meetings are assumed to last for 2 hours (plus preparation and travel time), with projected attendance including 5 meetings for the HELIX Project Manager, and 2 meetings each for the HELIX Project Director and Pacific Noise Control Acoustician. The estimated cost to complete this task is $3,500. Task 6 _Public Hearing Attendance. This task involves preparation for and attendance at the project NEPA/CEQA public review hearing; and the City of Chula Vista RCC, Planning Commission and City Council public hearings. All hearings are assumed to last for up to 4 hours, with proposed attendance including the HELIX Project Director and/or Project Manager, as well as the Pacific Noise Control Acoustician. The estimated cost to complete this task is $6,500. ASSUMPTIONS AND ADDITIONAL LIMITATIONS ON SCOPE OF SERVICES It is assumed that the Visual Reports for public review (Task 2) and final version (Task 4) will be produced by KTU+A under a separate contract with Rick Engineering Company. Costs associated with all meetings, NEPA/CEQA processing, technical studies and reports, or additional activities ("additional work") not specifically identified in the above scope of services are not included in this Augment. Augment to Mr. Kal Ralmer January 8, 2003 Page 5 of 6 SCHEDULE HELIX will continue to work with Client in a timely and professional manner per the Terms and Conditions attached and incorporated herein by reference as Exhibit A. These Terms and Conditions are a material part of this Augment. COST ESTIMATE AND PAYMENT PROCEDURES Based on the noted existing deficit of $62,500 and proposed costs of $36,000 to complete the described tasks, HELIX is pleased to submit this Augment request in the amount of $98,500. This Augment would increase our authorized contract amount for this project to $308,431, with a summary of proposed cost information provided below. Task 1 Task 2 Task 3 Task 4 Task 5 Task 6 Incorporate FHWA Comments/Revisions $10,500 Produce and Submit Public Review Documents 4,500 Responses to Comments 6,000 Produce and Submit Final Documents 5,000 Meeting Attendance 3,500 Public Hearing Attendance 6,500 Subtotal- Tasks 1 to 6 $36,000 Existing Deficit Recovery 62.500 TOTAL - Proposed Augment $98,500 All work shall continue to be invoiced on a time and materials basis pursuant to Exhibit B, Schedule of Fees. Payment terms are net 30 days pursuant to the Terms and Conditions referenced herein. EXECUTION OF AGREEMENT This quote is good for 90 days from the date of this letter. This Augment will become a contract upon HELIX's receipt of this original, including any Exhibits, signed by an authorized representative of Client. Augment to Mr. Kai Raimer January 8, 2003 Page 6 of 6 We look forward to continuing our work with you on this project. If you have any questions/~ncerning this Augme.~please call Dennis Marcin or me at (619) 462- David WT~aycomb, AICP President Enclosures: Attachment 1, Scope and Cost Detail Exhibit A, Terms and Conditions Exhibit B, Schedule of Fees I hereby authorize HELIX to continue work in accordance with this Augment and the attached Terms and Conditions and Schedule of Fees. RICK ENGINEERING COMPANY A __ corporation, OR a __ limited liability company, OR a __ partnership or limited partnership (select one). Signed by: Date: Printed: Title: ATTACHMENT 1 REVISED CONTRACT AUGMENT FOR 1-805/EAST ORANGE AVENUE/OLYMPIC PARKWAY ENVIRONMENTAL SERVICES JANUARY 8,2003 The following Attachment provides additional detail regarding completed and (to lesser extent) projected scope and cost information for environmental consulting services by HELIX Environmental Planning, Inc. (HELIX) on the 1-805/East Orange Avenue/Olympic Parkway project in the City of Chula Vista, California. For purposes of this document, detailed information on project tasks are broken down on the basis of meetings/project management, document screencheck reviews and associated modifications, and report production efforts. Meetings/Project Management Additional meeting time proposed in the most current authorized contract amendment (March 28, 2001) was included in a combined project management/meetings budget of approximately $6,800. As noted in the 03/28/01 amendment request, the existing budget at that time was exhausted as of the HELIX invoice dated March 4, 2001 (which covered the month of February 2001). Accordingly, all subsequent meetings and project management tasks were assigned to the noted amendment request of $6,800. The following list of meeting dates (which may not represent all meetings attended by HELIX staff) were applied to the noted budget request of $6,800, and involved attendance by one or more HELIX or subconsuultant staff members: · Wednesday May 30, 2001 · Monday July 23, 2001 · Wednesday July 25, 2001 · Thursday August 2, 2001 · Thursday October 11, 2001 · Thursday October i8, 2001 · Thursday December 13, 2001 · Monday January 7, 2002 · Tuesday March 26, 2002 · Tuesday April 2, 2002 · Wednesday April 24, 2002 · Wednesday May 15, 2002 · Monday June 17, 2002 · Tuesday July 2, 2002 · Thursday August 8, 2002 · Tuesday August 27, 2002 · Tuesday September 10, 2002 · Monday September 23, 2002 · Thursday October 10, 2002 · Wednesday December 4, 2002 · Saturday December 14, 2002 Assuming a combined average (i.e., for all HELIX attendees) of 4 person hours per meeting for the 21 noted meetings (including attendance, preparation and travel time, as well as mileage costs), and an average hourly billing rate of $100, the total estimated cost for meeting attendance between March 1, 2001 and December 29, 2002 was approximately $8,400. Project management time included in the noted $6,800 amendment request involved numerous activities such as agency/client coordination, document review and staff/subconsultant supervision. Exact dates and times for project management tasks are more difficult to track, but a conservative estimate of 4 hours per week is assumed for the approximately 95 weeks between March 1, 2001 (i.e., when the existing budget at that time was exhausted, as noted above) and December 29, 2002. Assuming an average hourly billing rate of $100 for project management, the total cost for a minimum of 380 hours is $38,000. Based on the above estimates, the costs incurred for meeting and project management tasks during the noted period substantially exceeded our March 28, 2001 projections (i.e., $46,400 versus :}6,800). These additional costs are attributed primarily to the unanticipated and extensive number of meetings, document reviews/revisions, project design and analysis changes, and related efforts required by regulatory agencies (primarily Caltrans and FHWA). Additional discussion of environmental document reviews and changes is provided below, with projected project management costs to complete the environmental process included in Tasks 1 through 6 of the proposed January 8, 2003 Augment. Additional Screencheck Reviews, Comments and Data/Analysis Revisions The referenced March 28, 2001 contract amendment included two (2) screencheck reviews each for the IS/EA and the Noise Report, including versions submitted in August of 2000 (Noise Report) and January of 2001 (IS/EA). Additional (i.e., out-of-scope) screenchecks prepared between March 1, 2001 and December 29, 2002 included four (4) for the Noise Report (February, May, July and September 2002), and six (6) for the 1S/EA (August, September [two versions], October and December [two versions] 2002). A number of additional out-of-scope tasks (i.e., beyond that identified in the March 28, 2001 amendment) have been completed since March 2001 or will be required to complete the environmental process (as noted in the January 8, 2003 Augment request). Tasks implemented through December 2002, along with the described screencheck efforts3 are summarized below. · February 14/15, 2001; Provided input to Rick Engineering re: environmental data for the PSR · February 28, 2001; Received comments on IS/EA from Caltrans (responses included in 2"d screencheck subsequently covered in March 28, 2001 contract amendment, the 1~' was in January 2001) · }'ulv 18, 2001; received comment letter on IS/EA and technical reports from Caltrans, "no additional comments" provided for AQ report · August 17, 2001; submitted Noise Report screencheck (i.e., the 2"d screencheck covered in the March 28, 2001 amendment, with the 1'' submitted in August 2000) · October 1L 2001; met with Caltrans and City staff re: IS/EA, comments provided re: Caltrans requirements to change the document format and analysis terminology (e.g., use of the term "significant") October 23, 2001; received extensive additional comments on IS/EA from Caltrans, including issues such as 2020 vs. 2025 traffic data, revised material disposal numbers/requirements, Caltrans vs. City BMPs and landscape maintenance, and format change to include separate CEQA section January 11, 2002; received updated accident data from Caltrans for inclusion in IS/EA February i3, 2002; submitted 1s' additional (i.e., out-of-scope) Noise Report screencheck to address use of berms for noise abatement per ongoing discussions with Caltrans February 27, 2002; received additional comments on Visual Technical Report from the City March 13, 2002; coordination with Rick re: updated traffic data and IS/EA revisions April 16, 2002; coordination with Rick re: drainage comments from Caltrans April 18, 2002; receipt of updated project graphics and inclusion in IS/EA and tech reports April 18, 2002; receipt of updated traffic data from USA and inclusion in IS/EA and Noise Report April 24, 2002; continuation of on-going coordination with Caltrans re: changes in Noise ' Report direction and requirements (e.g., model calibration) May 6, 2002; receipt of updated traffic and milepost data from Rick and inclusion in IS/EA May 8, 2002; coordination with Rick and Noise consultant re: truck mix.percentage May 10, 2002; receipt of BMP data from Rick and inclusion in IS/EA May 20, 2002; submitted 2"d additional Noise Report screencheck May 31, lune 1 and June 4, 2002; coordination with KTU+A re: inclusion of noise barrier changes in visual report lune 14, 2002; receipt of additional Noise Report comments from Caltrans Iune 20, 2002; submittal of written responses to 6/14/02 noise comments to Caltrans Iune 27, 2002; submitted 2"u IS/EA screencheck covered under the 03/28/01 amendment IuD 3, 2002; received preliminary comments on 6/27/02 IS/EA from Caltrans July 19, 2002; received additional comments on 6/27/02 IS/EA from Caltrans and FHWA IuD 29, 2002; submitted 3~u additional Noise Report screencheck July 31, 2002; coordinated with Caltrans and City staff and prepared/submitted draft IS/EA Quality Control/Quality Assurance letter August 8, 2002; receipt of additional Noise Report comments from Caltrans August 13, 2002; received update on retaining wall/ROW needs from Rick, incorporated applicable data into IS/EA August 16, 2002; submitted 1" additional (out-of-scope) IS/EA screencheck and FHWA Checklist August 29~ 2002; coordinated with City staff re: Caltrans comment that City regulations prohibit all walls over 6 feet high September 3~ 2002; receipt of additional Noise Report comments from Caltrans September 10~ 2002; received extensive (9 pages) additional comments on IS/EA from Caltrans September 1 I. 2002; received additional comments on IS/EA from the City September 12, 2002; received and incorporated data on City wall height restrictions (and exemptions) into IS/EA September 13, 2002; received additional comments on IS/EA noise section from Caltrans · September 17, 2002; received additional comments/clarifications from the City re: bike lanes and incorporated data into the IS/EA · September 18 and 20, 2002; received additional information from Rick re; updated traffic accident data, project costs, project configuration (e.g., auxiliary lanes vs. ramp extensions) and NPDES requirements and incorporated data into the IS/EA · September 24, 2002; submitted 2n~ additional IS/EA screencheck · September 26/27, 2002; received additional comments on IS/EA from the City · September 30, 2002; submitted 3'd additional IS/EA screencheck and FHWA Checklist · October 1~ 2002; submitted 4~h additional Noise Report screencheck · October 9, 2002; received updated Noise Abatement Decision Report (NADR) from Rick and incorporated applicable data into IS/EA · October ~.4~ 2002; submitted 4'~' additional IS/EA screencheck and FHWA Checklist · October 28,. 2002; received and incorporated data from Rick re: project funding sources · October 29~ 2002; submitted replacement copies of 4~h additional IS/EA screencheck and FHWA Checklist to Caltrans (originals lost during transmittal to FHWA) · November 14. 2002; received additional comments on IS/EA from FHWA · November 21 and 26, 2002; received and incorporated clarifications on FHWA comments from Calttans · December 3 and 6, 2002; received and incorporated data from Rick re: project funding sources and status in Transportation Concept Report · December 9, 2002; received and incorporated updated traffic data from Rick · December 10~ 2002; submitted 5'~ additional IS/EA screencheck and explanatory letter outlining the location and nature of responses to FHWA and Caltrans comments · December 12, 2002; received and incorporated additional comments on IS/EA from the City · December 13~ 2002; submitted 6'~ additional IS/EA screencheck and FHWA Checklist · December 14, 2002; noise public workshop attended by HELIX and noise subconsultant staff · December 16/17~ 2002; coordinated with City/Caltrans staff and submitted draft Notice of Availability (NOA) for IS/EA public review · December ~.9~ 2002; received and incorporated additional comments on IS/EA.from FHWA and Caltrans · December 20~ 2002; coordinated with City and Caltrans staff re: changes to IS/EA noise analysis, and incorporated said changes · December 23, 2002; received and reviewed FHWA comments on Rick's most current NADR, discussed commenrs and responses with Rick Quantification of the above efforts by specific hour and/or dollar amounts is difficult, due to the varied nature of these tasks (e.g., data research and analysis, editing, word processing, and graphics production and modification) and the extensive time period involved. Based on the proposed January 8, 2003 Augment budget shortfall of approximately $62,500 through December 2002, however, the estimated out-of-scope cost for this period associated with document screencheck revisions is approximately $12,500. The January 8, 2003 Augment also projects funds necessary to complete the environmental process (i.e., approximately $36,000) based on current conditions. As noted in this proposed Augment, the described scope and cost may require additional updates to reflect future project changes and agency directives. Report Reoroduction The referenced March 28, 2001 contract amendment included 20 additional (i.e., ont-of*scope) copies of both the IS/EA and associated technical reports (noise, air quality and cultural) that were provided prior to March 2001, as well as 75 projected copies of the IS/EA (50 public review draft and 25 final). Since that time, additional unanticipated copies of the IS/EA and technical reports have been provided to Client or agency staff as follows: · March 14, 2001; 2 copies of the Air Quality Technical Report · April 16, 2001; 10 copies of the IS/EA · April 19, 2001; 3 copies of the IS/EA · May 1, 2001; 3 copies each of the Noise, Air Quality Cultural Technical Reports · December 3,2001; 1 copy of the focused noise barrier (berm) analysis · December 14, 2001; 3 copies of the 08/17/01 Noise Report · February 13, 2002; 7 copies of the February 2002 Noise Report · May 20, 2002; l0 copies of the May 2002 Noise report · July 29, 2002; 8 copies of the July 2002 Noise Report · August 16, 2002; 16 copies of the August 16, 2002 IS/EA · September 24, 2002; 3 copies of the September 24, 2002 IS/EA and 2 copies each of the Noise and Air Quality Reports · September 30, 2002; 6 copies each of the September 30, 2002 IS/EA and FHWA Checklist · October 1, 2002; 4 copies of the September 30, 2002 IS/EA and 3 copies of the Noise Report · October 14, 2002; 9 copies of the October 14, 2002 IS/EA and 5 copies of the FHWA Checklist · October 29, 2002; 4 copies each of the October 14, 2002 IS/EA and FHWA Checklist · December 10/11, 2002; 2 copies of the December 10, 2002 IS/EA · December 13, 2002; 6 copies of the December 13, 2002 IS/EA and 3 copies of the FHWA Checklist The above submittal include a total of approximately 47 copies of project technical reports, 63 copies of the IS/EA arid 18 copies of the FHWA Checklist not included in the March 28, 2001 contract amendment. Assuming an average printing cost (including ali materials and labor) of $35 per IS/EA, $25 per technical report and $10 per FHWA Checklist, the total combined cost for the above described documents is approximately $3,600. The number of projected draft and final IS/EA and technical report documents in the December 16, 2002 augment request was also increased from our previous estimate to reflect a wider distribution list (per combined City and Caltrans/FHWA requirements), although the actual number produced will depend on respondent requests. 8100 La Mesa Blvd., Suite 150 La Mesa, CA 91941~76 e-mail:admin @ helixepi, com fax (619) 462-0552 phone (619) 462-1515 February 10, 2003 Mr. Kai Ramer Rick Engineering Company 5620 Friars Road San Diego California 92110-2596 Subject: Contract Augment to Provide Additional Acoustical Assessment and Related Environmental Consulting Services for the 1-805/East Orange Avenue/Olympic Parkway Project Dear Kai: HELIX Environmental Planning, Inc. (HELIX) is pleased to submit this contract augment (Augment) ro Rick Engineering Company (Client) to provide additional acoustical assessment and related environmental consulting services for the 1- 805/East Orange Avenue/Olympic Parkway project. This proposed Augment is specifically related to the requirement identified by FHWA after completion of the project Acoustical Assessment that all study area noise receptors must be evaluated under federal noise criteria. As you are aware, nine of the project area receptor sites were evaluated under City of Chula Vista criteria in the Acoustical Assessment, based on previous direction by Caltrans. This proposed Augment is in addition to the Augment request submitted to you by HELIX on January 8, 2003. Pursuant to direction by the Client, the assessment of the nine noted sites under the federal noise abatement criteria (NAC) was completed on January 30, 2003 (and included in the Acoustical Assessment as Attachment 6), based on the understanding that the associated costs would be recouped in a subsequent contract augment. A description of the scope of services related to this task is provided below, followed by associated assumptions, schedule and costs. SCOPE OF SERVICES As described above, HELIX completed the assessment of nine project area receptors under federal noise criteria on January 30, 2003 at Client's direction, and incorporated this analysis into the project Acoustical Assessment. Completion of this effort entailed the following specific tasks: (1) computer modeling of predicted noise levels at the nine noted sites, assessment of related impact levels under federal noise criteria, and preparation of a letter technical report; (2) coordination and meeting with Caltrans and City staff to review comments and determine appropriate text and graphic revisions; (3) preparation of the final letter report and graphic; and (4) modification of the project Acoustical Assessment to include the described analysis as Attachment 6. ~ .4 {~ J:\Projects\R~RiC-ALL\KiC-O3\Contracr,\p-kr02 [003 1-805 Aug .... doc Augment to Mr. Kal Ramer February 10, 2003 Page 2 of 3 ASSUMPTIONS AND ADDITIONAL LIMITATIONS ON SCOPE OF SERVICES Costs associated with all meetings, document processing, technical studies and reports, or additional activities ("additional work") not specifically identified in the above scope of services are not included in this Augment. SCHEDULE HELIX completed the scope of services described in this Augment on January 30, 2003, and will continue to work with Client in a timely and professional manner per the Terms and Conditions attached and incorporated herein by reference as Exhibit A. These Terms and Conditions are a material part of this Augment. COST ESTIMATE AND PAYMENT PROCEDURES Based on the above described scope of services, HELIX is pleased to submit this Augment request in the amount of $2,050. Including the noted Augment request dated January 8, 2003, this Augment would increase our authorized contract amount for this project to $310,481, with a summary of proposed cost information provided below. Task 1 Noise modeling/analysis/letter report $1,040 Task 2 Agency coordination/meeting 400 Task 3 Revised letter report/graphic 260 Task 4 Revised Acoustical Assessment 35Q TOTAL $2,050 All work shall continue to be invoiced on a time and materials basis pursuant to Exhibit B, Schedule of Fees. Payment terms are net 30 days pursuant to the Terms and Conditions referenced herein. EXECUTION OF AGREEMENT This quote is good for 90 days from the date of this letter. This Augment will become a contract upon HELIX's receipt of this original, including any Exhibits, signed by an authorized representative of Client. Augment to Mr. Kai Ramer February 10, 2003 Page 3 of 3 We look forward to continuing our work with you on this project. If you have any questions concerning this Augment, please call Dennis Marcin or me at (619) 462- 1515. o (g._David W. Claycomb, AICP President Enclosures: Exhibit A, Terms and Conditions Exhibit B, Schedule of Fees I hereby authorize HELIX to continue work in accordance with this Augment and the attached Terms and Conditions and Schedule of Fees. RICK ENGINEERING COMPANY A --. corporation, OR a __ limited liability company, OR a __ partnership or limited partnership (select one). general Signed by: Date: Printed: Title: T .MNINTERNATIONAL-M.CDANIEL February 12, 2003 Rick Engineering Company 5620 Friars Road San Diego, CA 92l 10 Attention: Snbjeet: Mr. Edgar Camerino 1-805/Orange Ave OC (Widen), Br No. 57-0633 Dear Edgar: T.Y. Lin International · McDaniel is requesting authorization for additional fees to compensate for the additional effort that was reqtdred for Bridge PS&E due to the unforeseen delays in the project schedule. These delays to the project schedule resulted in additional updates to the specifications and plans based on updated SSP's and a revised Guidelines for Foundation Investigations and Reports being issued by Caltrans. The attached "Exhibit A" is a breakdown of our expenses. Please call if you have any questions. Best regards, T.Y. Lin International · McDaniel Senior~idge"Ehgineer AVS/cf Enclosure 5030 Camine De La Siesta, Suite 204, San Diego, California 92108 · Facsimile (619) 692-0634 Telephone (619) 692-t920 Project: Orange Avenue Overc~ossing Br No.: 57-0633 Consultant: T'( Lin International TYLI Job No,: 882.00 AcflvBy: Proje~ I Project Item Description Manager Engineer 1 Updating Specs 18 2 C~ordination w~th Geotech on LOTB sheets 8 3 Updating plans bassd o~ new version of the 4 Guidelines for Foundation Investigations and Reports, June 2002. Labor Hours QA/QC i Design Engineer I Senior Total Hours; Rate: Subtotal: Overhead: 182% Subtotal: Profit 12% Subtotel: $35.49 $28.02 $336 REIMBURSABLE EXPENSES Travel Trips ~ $25.00 Lodging/Meals NIgMs ~ Plan Reproduction Prints ~ $1.00 Photocopies Copies ~ $0.25 Postage & Freight Each ~ $25.00 Other (Specify) ~ Subtotal - REIMBURSABLE EXPENSES SUBCONSULTANT SERVICES Subconsu~(ant 1 Subconsulteot 2 Subconsultant 3 Subconsultaat 4 TOTAL Subtatal - SUBCONSULTANT SERVICES TY Lin International Labor Totals Adm~ Hours Amount 18 $639 12 $3~6 12 $366 $4,425 Addendum 2-t 1-03,xls Page 1 of 1 ~ ~ ~ Pdnatd: 2/12/03 January 28, 2003 Proposal No. P-5758 Mr. Edgar Camerino Kick Engineering Company 5620 Friars Road San Diego, California 92110 Subject: Hazardous Waste Initial Site Assessment Update Proposal Interstate 805 and Orange Avenue Interchange Chula Vista, California Reference: "Hazardous Waste Initial Site Assessment Report, 1-805 and Orange Avenue Inter- change, Chula Vista, California," prepared by Ninyo & Moore, dated April 6, 1998. Dear Mr. Camerino: In accordance with your recent request, Ninyo & Moore is pleased to submit this proposal to per- form a Hazardous Waste Initial Site Assessment (ISA) Update of the above-referenced project area. We understand that the project area is located in the city of Chula Vista, California and ex- tends along either side of Interstate 805 (I-805) from Palomar Street at the northern end to Timber Court at the southern end. We also understand that the proposed project involves the widening of Orange Avenue and associated widening and improvements of the ramps connecting 1-805 to Orange Avenue. The proposed 1-805/Orange Avenue interchange project is subject to technical and environmental review pursuant to both the National Environmental Policy Act 0'qEPA) and the California Environmental Quality Act (CEQA). The scope of work for this up- date is in conformance with applicable regulatory guidelines, including pertinent requirements of the Federal Highway Administration (FHWA), Federal Transit Administration (FTA), Caltrans, the.city of Chula Vista, and the county of San Diego. We have prepared the following scope of services and fee quotation based on your request and information provided by you. 5710 Rutfln Road · San Diego, California 92123 · Phone (858) 576 1000 · Fax (858) 576-9600 San Diego · Irvine · Ontado · Los Angeles · Oakland · Las Vegas · Salt Lake City · Phoenix Rick Engineering Company January 28, 2003 1-805/Orange Avenue Interchange, Chula Vista Proposal No. P-5758 SCOPE OF SERVICES Ninyo & Moore's proposed scope of ~vork for the ISA Update will include the activities listed below. · Review regulatory agency databases for the presence of known hazardous substance/waste sites within 1,000 feet of the interchange (i.e., the study area). Review documents from readily available local regulatory agency files, dating from the date of issuance of the 1998 ISA report to the present, for sites of potential environmental concern located within the study area. Requests will be made to the County Department of Health Services. Perform a site reconnaissance to locate possible areas of contaminated surficial soil or sur- face water, improperly stored hazardous materials, possible sources of polychlorinated biphenyls (PCBs), and potential risk of contamination from activities at the site and adjacent properties. · Prepare an ISA Update report documenting our findings and providing recommendation re- garding potential environmental impacts to project construction at the interchange. In accordance with ASTM E 1527-00 (Section 12.1.4), the following, which is not intended to be all inclusive, represents out-of-scope items with respect to this ISA Update, and, therefore, will not be addressed: asbestos-containing materials, radon, lead-based paint, lead in drinking water, wetlands, regulatory compliance, cultural and historic risk, industrial hygiene, health and safety, ecological resoumes, endangered species, indoor air quality, and high-voltage power lines. In ad- dition, Ninyo & Moore will not address interpretations of zoning regulations, building code requirements, or property title issues. UNDERSTANDINGS The following conditions will apply to the performance of the scope of services described herein: 1. The visual observations made by Ninyo & Moore will be limited to the surface area of the study area. Subsurface explorations, soil sampling, surface and groundwater sampling, and chemical analyses are not included in this proposal. p-5758 d~c in a l uure Rick Engineering Company January 28, 2003 1-805/Orange Avenue Interchange, Chula Vista Proposal No. P-5758 2. The ISA Update will be conducted by Ninyo & Moore expressly and solely for Rick Engi- neering Company and its assigns. The evaluations, findings, conclusions, and recommendations contained in the ISA Update report will represent Ninyo & Moore's pro- fessional judgment and opinion. The report will be based solely on information gained from direct observation, personal interviews, and examinations of regulatory records. In the event any conditions differing from or additional to those described in the ISA Update are encoun- tered at a later time, Ninyo & Moore reserves the right to review such conditions and to modify, as appropriate, the assessments and conclusions given in the site assessment report. COMPENSATION The lump sum fee for the scope of services outlined above is $2,200 (two thousand two hundred dollars). Should conditions be encountered that wan-ant additional research/evaluation, Rick En- gineering Company will be contacted for authorization. SCHEDULE Following receipt of your written authorization to proceed, Ninyo & Moore will commence services described herein. We anticipate requiring approximately three weeks to complete the proposed ISA Update report. This schedule is largely due to the time required to access regula- tory agency files. We trust that this proposal satisfies your current requirements and assure you that Ninyo & Moore will be responsive to your needs. If you have additional questions or comments, please contact me at (858) 576-1000. Sincerely, NINYO & MOORE Senior Enviroarnental Scientist LRM/kmf 5710 Ruffin Road, San Diego, California 92123 · Phone 858/576-].000 · To.' Subject: [] Urgent Original Document: Mr. Edgar Camerino, P.E. Rick Engineering Company 5620 Friars Road, San Diego, California 92110-2596 Edk OIsen Interstate 805 K.P. 5.9 to 8.1 [] For Approval [] Will Not Follow [] For Your Use [] Will Follow Fax 858/576-9600 · www.ninyoandmoore.corn Date: February 10, 2003 Fax No: (619) 291-4-165 Telephone (619) 291-0707 No: Total Pages: 3 Project No: 103252004 [] Please Reply [] As Requested [] By U.S. Mail [] By Other m Oakland · Las Vegas a Geotechnical Engineering a Engineering Geology · Materials Testing and Znspection · Construction Management · Engineering Design · Environmental Engineering · Environmental Site Assessments · Regulatory Compliance and Permitting = Water Quality and Resource Evaluations · Hazardous Waste Management = Soil and Groundwater Remediation · Asbestos and Lead-Based Paint Surveys · Geophysical Studies · Mineral Resource Evaluations · Value Engineering a Forensic Studies Expert Witness Testimony San Diego m Irvine m Los Angeles · Ontario · Salt Lake City · Phoenix February 10, 2003 Project No. 1032520004 Mr. Edgar Camerino, P.E. Rick Engineering Company 5620 Friars Road San Diego, California 92110-2596 Subject: Proposal For Increased Geoteehnical Consulting Services Interstate 805 K.P. 5.9 to 8.1 Chula Vista, California References: "Geotechnical Design Report, Interstate 805, K.P. 5.9 to 8.1, Chula Vista, Califor- nia,'' prepared by Ninyo & Moore, dated July 10, 2002. "Project Plans for Construction On and Adjacent to State Highway in San Diego County in Chula Vista From Main St./Auto Park Drive Undercrossing to Palomar Street Overcrossing," Caltrans 90% Submittal, dated October 31, 2002. Dear Mr. Camerino: In response to your request, we are pleased to submit this proposal to revise the scope of services on the subject project. We understand that the project has been revised since our above-referenced Geotechnical Design Report. Revisions include increasing the number of retaining walls from three to seven and possible inclusion of reinforced 1:1.5 fill slopes. Based on our understanding of the increased scope of the project, we propose to revise our Geo- technical Design Report to reflect the current design for the roadway improvements. This will include updating the report text and Log of Test Boring sheets to reflect the latest design informa- tion. This revised Geotechnical Design Report will also incorporate information to utilize 1:1.5 slopes ~vith geogrid reinforcement, address the use of a sound wall on retaining wall, as neces- sary, recommendations for utilization of 1:1.5 slopes for the proposed sound berms on the project, include Caltrans deflection study information as needed, and evaluate whether the ulti- mate beating capacity of 600 kPa can be increased to 675 kPa to allow for taller retaining walls. Our estimated fee for this increased scope of services is $2,900 (two thousand nine htmdred dol- lars). 5710 Ruin Road · San Diego, California 92123 · Phone 1858) 576-1000 · Fax (858J 576-9600 SanDiego · Irvine · Ontario · LosAncteles · Oakland · Las Veclas · Salt Lake City · Phoenix Rick Engineering Company Interstate 805 K.P. 5.9 to 8.1 Chula Vista, California February 10, 2003 Project No. 1032520004 We appreciate the opportunity to be of service on this project. Should you have any questions re- garding this proposal, please contact the undersigned. Respectfully submitted, NINYO & MOORE Erik Olsen, G.E. Chief Geotechnical Engineer EO/Rl/eo Distribution: (1) Addressee Ch/ef Engineering Geologist JANMAC, INC. EXPROPRIATION CONSULTANTS COPY February 20, 2003 WILLIAM L. MacFARLANE, SRNVA 12638 DARKWOOD ROAD SAN DIEGO, CA 92129-3708 (858)484-1145 FAX(858)780-0587 E-mail: wilmac@san.rr.com Mr. EDGAR A. CAMERINO, P.E. Project Engineer RICK ENGINEERING COMPANY 5620 FRIARS ROAD SAN DIEGO, CA 92110-2596 Re: Acquisition/Appraisal Services Project: 1-805/East Orange Avenue/Olympic Parkway Interchange (Sound Walls) R/VV Acquisitions, Permanent Footing Easements, Temporary Construction Easements and Temporaw Access Easements Subject: AMENDMENT TO THE EXPROPRIATION SERVICES AGREEMENT Dear Mr. CAMERINO: The inclusion of three additional parcels will require both acquisition and appraisal services (cost to cure estimates lying within the temporary construction easement areas). It is hereby requested that the Expropriation Services Agreement be increased by $7,600. The original agreement was set at $232,500 and the requested increase would reflect a revised total fee of $240,100. Very truly yours, W.L. MacFARLANE, SPJVVA Expropriation Consultant WLM/cwp cc: Anthony D. Ciolfi, Project Manager \ (BUSDVLOP\Chula Vista - Rick Eng\PROPOSAL LE3q'ER 01) RESOLUTION NO. 2003- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE TWELFTH AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND RICK ENGINEERING COMPANY FOR ADDITIONAL ENVIRONMENTAL, PRELIMINARY ENGINEERING AND FINAL ENGINEERING DESIGN SERVICES FOR THE 1-805 EAST ORANGE AVENUE/OLYMPIC PARKWAY INTERCHANGE, APPROPRIATING TDIF FUNDS, WA1VING THE CONSULTANT SELECTION PROCESS AND AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT ON BEHALF OF THE CITY WHEREAS, on January 23, 1996, Council by Resolution No. 18193, approved a contract with Rick Engineering for preliminary engineering design services for three interchanges on Interstate 805 at Telegraph Canyon Road, Olympic Parkway, and East Palomar Street; and WHEREAS, since then, due to additional work requirements by Caltrans, eleven amendments to this contact have been made; and WHEREAS, the first eight amendments were approved by Council on January 21, 1997 (Resolution 18555), May 20, 1997 (Resolution No. 18670), August 5, 1997 (Resolution 18729), November 17, 1998 (Resolution 19269), July 13, 1999 (Resolution No. 19540), February 22, 2000 (Resolution 2000-062), and June 20, 2000 (Resolution No. 2000-224); and WHEREAS, the ninth amendment effective January 4, 2001 was approved at a staff level, since the amendment was for less than the amount that recently amended change order policy (Council Policy No. 574-01) sets as the Council level approval threshold; and WHEREAS, the tenth amendment to the contract was approved on March 3, 2001 (Resolution No. 2001-048) to provide for final design drawings of the signalized intersection of Olympic Parkway with Concord Way and commensurate revisions to the landscaping plans; and WHEREAS, the eleventh amendment to the contract was approved on September 18, 2001 (Resolution 2001-314) to provide the right-of-way acquisition services needed along the 1-805 corridor for the sound walls, additional structural calculations for additional sound walls along East Orange Ave. and Olympic Parkway and revisions to the Noise Analysis report for the condominium project soundwalls; and NOW, THEREFORE, BE IT FURTHER RESOLVED the City Council does hereby approve the Twelfth Amendment to the Agreement between the City of Chula Vista and Rick Engineering Company for additional out of scope services related to preliminary and final design and environmental document work for the 1-805/East Orange Avenue/Olympic Parkway interchange project (C1P No. STM-328). BE IT FURTHER RESOLVED that the amount of $430,575 is hereby appropriated from the unappropriated balance of the TDIF Fund into CIP No. STM- 328. BE IT FURTHER RESOLVED the City Council does hereby waive the consultant selection process of Municipal Code Section 2.56.070 as impractical because (a) the substantial design work already performed by Rick Engineering and the subconsultants on the project gives them extensive cumulative knowledge of the project planning and design essential to the successful completion of the project; (b) the work is proposed to be accomplished at reasonable rates; and (c) the original RFP contemplated award of additional work assuming good performance of the initial work. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said Amendment on behalf of the City of Chula Vista. Presented by Cliff Swanson Director of Public Works Approved as to form by J:\AttorneySReso\Amendments\rickl 2th 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 ~ty Atto e}~y_~J ~ Dated: TWELFTH AMENDMENT TO AGREEMENT BETWEEN CITY OF CHULA VISTA AND RICK ENGINEERING COMPANY TWELFTH AMENDMENT TO AGREEMENT BETWEEN CITY OF CHULA VISTA AND RICK ENGINEERING COMPANY THIS TWELFTH AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND RICK ENGINEERING COMPANY FOR ADDITIONAL ENVIRONMENTAL, PRELIMINARY ENGINEERING AND FINAL ENGINEERING DESIGN SERVICES is entered into as of April 15, 2003, by and between the City of Chula Vista (CITY) a municipal chartered corporation of the State of California, and Rick Engineering Company (CONSULTANT). RECITALS: WHEREAS, the CITY has approved an Agreement with CONSULTANT dated January 23, 1996 and approved by Resolution 18193 (Agreement); and WHEREAS, the CITY has approved eleven amendments to said Agreement dated January 21, 1997, May 20, 1997; August 5, 1997; November 17, 1998; July 13, 1999; February 22, 2000; June 20, 2000; September 12, 2000, January 4, 2001, March 6, 2001, and September 18, 2001 respectively; and WHEREAS, City has been requested by Caltrans and the Federal Highway Administration (FHWA) to conduct additional design and environmental services related to the interchange improvements at 1-805 and Olympic Parkway work not anticipated in the original Agreement and amendments thereto; and WHEREAS, City desires the consultant to conduct additional design and environmental services for the 1-805/East Orange Avenue/Olympic Parkway interchange project not included in the original Agreement and amendments thereto; and WHEREAS, City desires the consultant complete the work on the project's technical reports such as: Draft Project Report (DPR), Project Report (PR), Noise Abatement Decision Report (NADR), Environmental Technical Report and the Plans, Specifications and Estimates (PS&E), to address additional comments not anticipated from the State and Federal agencies, not anticipated in the original Agreement and amendments thereto; and WHEREAS, both CITY and CONSULTANT desire to further amend the Agreement to revise the scope of work to include additional items required by Caltrans and FHWA, and WHEREAS, City staffcannot perform the work outlined above due to lack of available staff time and/or lack of expertise to efficiently deal with the State and Federal requirements and processes, and WHEREAS, City has waived the consultant selection process of Municipal Code Section 2.56.070 because of the substantial work completed on these projects and that Rick Engineering Company and their subconsultants posses unique project knowledge which makes the consultant selection process impractical and potentially detrimental to this projects' construction schedule. NOW, THEREFORE, the Agreement is hereby amended as follows: IA. Exhibit A, Section 8A, is hereby amended to add the following to the Detailed Scope of Work: CONSULTANT will take the lead role in preparation of and coordinate approval/review of services related to three projects at 1-805/East Orange Avenue/Olympic Parkway as outlined in this Scope of Services. CONSULTANT and permitted SUBCONSULTANTS, as identified below, services shall conform to the standards, criteria, and requirements of this Scope of Services, and shall include all plans, specifications, estimates, reports and special provisions necessary to complete these projects. B. Exhibit A, Section 8A, Detailed Scope of Work is also amended to add the following: Olympic Parkway/I-805 Intemhange (STM-328 / $421,375 plus $9~200 in expenses) CONSULTANT, Rick Engineering Company, will be providing additional Environmental, Preliminary Engineering, and Final Engineering Services necessary to complete the 1-805/E. Orange Avenue/Olympic Parkway Interchange project. The work involved requires completion of the Draft Project Report, Project Report, Noise Abatement Decision Report, Environmental Assessment, Environmental Technical Reports, and PS&E plans to incorporate comments from Caltrans and the Federal Highway Administration (FHWA). The additional scope of work and fees are specifically defined as follows: Task No. 1: Draft Project Report/Proiect Report (DPR/PR): Based on Caltrans, Federal Highway Administration (FHWA), and comments received from the Public Review process, revise and complete the Draft Project Report (DPR) for the 1-805/E. Orange Avenue/Olympic Parkway Intemhange project. The CONSULTANAT will coordinate with the SUBCONSULTANTS work to assure that the Environmental Assessment Report is consistent with the DPR prior to and after Public Review. The work to be performed includes, but is not limited to: · Revise the Draft Project Report as necessary based on reviews by Caltrans, FHWA, and the Public Review process. · Update 2020 Traffic data to year 2025 as requested by FHWA. · Revise 11-page cost estimates to include new, noise abatement alternatives (see Task No. 2). · Update exhibits to show current design concept reflective of scope changes above. · Update right of way data sheets reflective of scope changes above. Once the Environmental Assossment Report is approved by FHWA, Caltrans, and the City of Chula Vista, the CONSULTANT will ensure that the Project Report is reviewed and approved by Caltrans, FHWA and the City of Chula Vista. Task No. 2: Noise Abatement Decision Report (NADR): The CONSULTANT will revise the Acoustical Assessment to evaluate two, additional noise barrier locations for the project. Based on FHWA's review of the Acoustical Assessment, the report must now address and evaluate all area noise receptors within the project limits. The CONSULTANT will update the Acoustical Assessment, the Noise Abatement Decision Report (NADR) and the work to be performed includes: · Incorporate all comments from Caltrans and FHWA. · Value analyze various alternatives (walls, berms) for areas along the freeway, south of the E. Orange Ave./Olympic Parkway Overcmssing and implement the alternative(s) into the project. · Coordinate with Bob Avilla, Caltrans Noise Environmental, and SUBCONSULTANT Mike Komula, Pacific Noise Control, noise abatement measures necessary for this project. · Directly coordinate issues with Jayne Dowda, Caltrans Noise Environmental Branch Chief, for final revisions into the NADR prior to sending the document to FHWA. · Implement the Community's thoughts and opinions into the NADR. · Evaluate the new noise barrier locations Task No. 3: Environmental Coordination: CONSULTANT shall assist SUBCONSULTANT Helix Environmental Planning, Inc. in revising and completing the Environmental Assessment Report (EA) for the 1-805/E. Orange Avenue/Olympic Parkway Interchange project. The CONSULTANT shall ensure that the Environmental Assessment Report prepared by SUBCONSULTANT Helix Environmental Planning, Inc. is in agreement with the Draft Project Repor~ and the Noise Abatement Decision Report prior to and after Public Review. The work to be performed includes, but is not limited to: · Provide direct support to SUBCONSULTANT Helix Environmental Planning Inc. staffto finalize the EA. · Provide additional information/exhibits/files necessary to SUBCONSULTANT Helix Environmental Planning, Inc. to incorporate into the EA. Task No. 4: Right of Way Coordination: The CONSULTANT shall provide additional fight of way support services to City's CONSULTANT Smith, Kempton, and Watts, as well as SUBCONSULTANT JANMAC, Inc. for acquisition of easements and property for the subject project. CONSULTANT work to be done with this task is as follows, but not limited to: · Support Smith, Kempton, and Watts (City of Chula Vista consultant), SUBCONSULTANT JANMAC, and Caltrans with exhibits/information in their attempt for Early Acquisition Approval for this project. · Provide surveys and survey coordination that is deemed necessary for appraisal efforts. · Coordinate with Jerry LePage, Caltrans Right of Way, for providing proper documentation for updating Caltrans fight of way maps. Task No. 5: Property Owner Contacts: CONSULTANT shall revise the Noise Abatement Decision Report (NADR), and contact property owners sooner than anticipated. The CONSULTANT will send out additional contact letters and subsequently follow up by phone in order to receive all responses in a timely manner. After all owners are contacted by CONSULTANT, an informal Public Workshop on February 24th at the City of Chula Vista will be scheduled with the community to discuss the noise abatement features planned for the subject project. The CONSULTANT will prepare the documents used to contact the community notifying them of said public workshop. The CONSULTANT will provide all exhibits and informational packets needed for the public workshop. The CONSULTANT will need to identify on the final design plans, based on current practices at Caltrans, District 11, each property affected by a sound wall. For each property, the CONSULTANT will conduct a field survey to complete the final design plans, and identify the potential impacts. Additionally, the CONSULTANT will document the work needed at each affected lot for this project in order to properly assess the existing conditions. The CONSULTANT will make additional field visits to the project site to complete this work. Task No. 6, Plans, Specifications, and Estimates (PS&E): The CONSULTANT will complete the following work required by Caltrans not included in the original contract or the previous addendum for this task: · Prepare a Transportation Management Plan (TMP). Work to include direct coordination with Caltrans TMC staff. · Prepare a Construction Management Plan (CMP) utilizing the Primavera software as requested by Caltrans' Construction Division. · General plan revisions/design necessary due to Caltrans' re-direction from previous submittals. · Individual site plans for sound wall impacts (as stated above in Task//5). · Indicate all right of way "work-arounds' on plans as requested by the Caltrans' Right of Way Department. · Revise Water Pollution Control Plans to current Caltrans District 11 standards. · Incorporate new Caltrans notes and details for Erosion Control design per the direction of Caltrans District 11. · Prepare additional sound wall plans for the proposed new noise barrier locations along E. Orange Avenue and Olympic Parkway. · Assist the City of Chula Vista in coordinating the Utility Agreements with Caltrans. Task No. 7: NPDES/Storm Water Compliance: The CONSULTANT will complete the following items, due to the Caltrans Storm Water Quality Handbooks and Procedures changing in September 2002, in addition to the work required for the PS&E plan set: · Prepare a Storm Water Data Report (SWDR). · Update the existing Storm Water Pollution Prevention Plan (SWPPP) to current Caltrans' standards. · Prepare and complete Appendix 'E' of the September 2002 version of the Caltrans Storm Water Quality Handbooks. Task No. 8: Additional Environmental Services, Helix Environmental Planning, Inc.: The CONSULTANT will coordinate with the SUBCONSULTANT to attend additional meetings with Caltrans and City staff in order to address Caltrans and FHWA comments in the NADR. CONSULTANT and SUBCONSULTANT shall address revised traffic analysis, noise analysis and NEPA/CEQA issues to produce a mutually acceptable Final Environmental Document. Task No. 9: Additional Structural Services, T.Y. Lin International- McDaniel: The CONSULTANT shall update the Structural Special Provisions and Foundation plans for this project, due to changes in the Caltrans Structural Standard Special Provisions and Caltrans "Guidelines for Fotmdation Investigations and Reports". Task No. 10: Additional Geotechnical Services, Ninyo & Moore: The CONSULTANT shall ensure the SUBCONSULTANTS complete the following: · Update the Hazardous Waste Initial Site Assessment (ISA) and Lead-Testing Reports need to be updated Based on comments received from FHWA's review of the Draft Project Report, (See attached details.) · Update the Geotechnical Design Report to reflect the current design for the roadway improvements, due to changes associated with the Noise Barrier alternatives/locations for the project. Incorporate log of Test Boring sheets generated from this document in the PS&E set of plans. Task No. 11: Additional Right of Wa,/Services, JANMAC, Inc.: CONSULTANT and SUBCONSULTANT will provide additional acquisition and appraisal services related to the noise barriers along E. Orange Avenue, so that cost to cure estimates lying within the temporary construction easement areas are adequate. Reimbursables: The CONSULTANT shall invoice to the CITY all reimbursable expenses such as printing, copying, blueprinting, plotting, mylars, and delivery charges at the cost incurred by the CONSULTANT in preparation and processing of the work product as defined by the above scope of services. Since the reimbursable expenses are a budget item for all phases (projects) included in the contract, the cost of the reimburseables shall be not exceed an additional $9,200 over the previously approved $55,260 for a maximum reimbursable expenses total of $64,460. Fees: Public agency processing fees and deposits or work not specifically described under the scope of work are excluded from this agreement. Fees and expenses listed below are to be incorporated as an addendum to the existing contract. The CONSULTANT and SUBCONSULTANTS will perform the above services for the following fees as described below: 1. Task No. 1: Draft Project Report (DPR) $ 41,900.00 2. Task No. 2: Noise Abatement Decision Report (NADR) $ 3. Task No. 3: Environmental Coordination $ 4. Task No. 4: Right of Way Coordination $ 5. Task No. 5: Property Owner Contacts $ 6. Task No. 6: Plans, Specifications, and Estimates (PS&E) $ 7. Task No. 7: NPDES/Storm Water Compliance $ 8. Task No. 8: Environmental Services, Helix Environmental $ 9. Task No. 9: Structural Services, T.Y. Lin International-McDaniel $ 10. Task No. 10: Geotechnical Services, Ninyo & Moore $ 11. Task No. 11: Additional Right of Way Services, JANMAC, Inc. $ 12. Reimbursables $ TOTALS: $ 46,100.00 28,600.00 17,900.00 47,400.00 89,600.00 32,200.00 100,550.00 4,425.00 5,100.00 7,600.00 9,200.00 430,575.00 The proposed amendment provides for the reimbursement of up to $9,200 in expenses incurred by CONSULTANT, Rick Engineering Company, and the SUBCONSULTANTS in the performance of the additional work. These expenses include the cost of making blueprints and copies of various reports. The reimbursable expenses are a budget item for all phases (projects) included in the contract. The proposed twelfth amendment will increase the contract with CONSULTANT, Rick Engineering Company, as amended, by $430,575 to $3,781,147. The City project number is 2409328591. C. Exhibit A, Section 8C, Dates or Time Limits For Delivery of Deliverables is hereby amended as follows: 1. Deliverables for 12th amendment STM-328 shall be prepared and delivered in forms approved by the City on or before December 31, 2003. II. Exhibit A, Section liB Phased Fixed Fee Arrangement is hereby amended to add the following: 1. Twelfth Amendment Cost Summary A. Rick Engineering: additional environmental, preliminary engineering and final engineering design services for the 1-805/East Orange Avenue/Olympic Parkway intemhange 1. Task 1: Finalize Draft Project Report $41,900.00 2. Task 2: Finalize Noise Abatement Decision Report $46,100.00 3. Task 3: Provide Additional Environmental Coordination Services $28,600.00 4. Task 4: Provide Additional Right of Way Coordination Services $17,900.00 5. Task 5: Provide Additional Property Owner Contacts 6. Task 6: Provide Additional Services to Finalize PS&E 7. Task 7: Provide Additional NPDES Revisions and SWDR Report 8. Task 8: Provide Additional Environmental Services for ED Report 9. Task 9: Provide Additional Structural Engineering Design Services 10. Task 10: Provide Additional Geoteclmical Services 11. Task 11: Provide Additional Right of Way Services $47,400.00 $89,600.00 $32,200.00 $100,550.00 $4,425.00 $5,100.00 $7,600.00 B. Reimbursable Expenses Subtotal $9,200.00 $ 430,575.00 The proposed amendment will increase the contract with the CONSULTANT, as amended, by $430,575.00 for STM-328 to a total of $3,781,147.00. 2. Twelfth Amendment Compensation Structure Services. Services for the Twelfth Amendment Scope of Work (excluding reimbursables) will be due and payable by City to CONSULTANT on an hourly rate basis per the agreed upon rate schedule not to exceed the cost estimates corresponding with the milestones specified in the Cost Summary attached hereto as Exhibit A. CONSULTANT shall submit monthly invoices for City review. City shall remit payment to CONSULTANT within thirty (30) days of City's approval of an invoice, less the City's standard ten percent (10%) retention. Upon the achievement of a specified milestone the 10% retention shall be paid to CONSULTANT. If CONSULTANT provides time and materials the cost of which is less than the estimated cost, in the aggregate, for a specified milestone, such amounts shall not be immediately due and payable; provided, however, such unpaid amount may be carried forward and be paid to CONSULTANT if and only to the extent that CONSULTANT provides time and materials towards the satisfaction ora subsequent milestone the cost of which exceeds the cost estimate for such milestone. In no event shall CONSULTANT be paid an amount under this Agreement which would result in Consultant's total compensation hereunder (excluding reimbursables) exceed $421,375.00. Reimbursable Expenses. Reimbursable expenses such as printing, copying, blueprinting, plotting, mylars, and delivery charges will be invoiced to the City at the cost incurred by the Consultant in preparation and processing of the work product as defined by the above scope of services. Reimbursable expenses shall not exceed $9,200.00 in the aggregate. III. No Other Changes. Except as modified herein, all other provisions of the Agreement approved by Resolution No. 18193 on January 23, 1996, the first amendment approved by Resolution No. 18555 on January 21,1997, the second amendment approved by Resolution No. 18670 on May 20, 1997, the third amendment approved by Resolution No. 18749 on August 5, 1997, the fourth amendment approved by Resolution No. 19269 on November 17, 1998, the fifth amendment approved by Resolution No. 19540 on July 13, 1999, the sixth amendment approved by Resolution No. 2000-062 on February 22, 2000, and the seventh amendment approved by Resolution No. 2000~224 on June 20, 2000, the eighth amendment approved by resolution No. 2000-321, the ninth amendment approved by City staff on January 4, 2001, the tenth amendment approved by resolution No. 2001-048 on March 6, 2001, and the eleventh amendment approved by resolution No. 2001-314 on September 18, 2001 shall remain in full force and effect. SIGNATURE PAGE FOLLOWS Signature Page for the Twelfth Amendment to Agreement between City of Chula Vista and Rick Engineering Company for Additional Environmental, Preliminary Engineering and Final Engineering Design Services for the Interstate-805/East Orange Avenue/Olympic Parkway Interchange. IN WITNESS WHEREOF, CITY and CONSULTANT have executed this Twelfth Amendment effective as of the date first set forth above thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: CITY OF CHULA VISTA ATTEST: By: Stephen C. Padilla Mayor Susan Bigelow, City Clerk APPROVED AS TO FORM: Ann Moore, City Attorney Rick Engineering Company Kai Ramer, Associate Principal ATTACHMENT: Exhibit A - General Description of Work for Each Phase (2 pages). J:~Engineer\STM-328GLICK12AMD.fxr. DOC COUNCIL AGENDA STATEMENT Item Meeting Date 4/15/03 ITEM TITLE: SUBMITTED BY: REVIEWED BY: Resolution of the City Council of the City of Chula Vista, California, declaring its intention to consider changes and modification to the Rate and Method of Apportionment of special taxes authorized to be levied within Improvement Area No. 2 of Conununity Facilities District No. 07M (Eastlake - Woods, Vistas and Land Swap) and setting the public hearing for the City Council meeting of May 20, 2003 at 6:00 P.M.. Resolution of the City Council of the City of Chula Vista, California, adopting an annexation map showing property to be armexed to Conununity Facilities District No. 07M (Eastlake - Woods, Vistas and Land Swap) and Improvement Area No. 2. Resolution of the City Council of the City of Chula Vista, California, Declaring its intention to authorize the annexation of territory to Community Facilities District No. 07M (Eastlake - Woods, Vistas and Land Swap) and Improvement Area No. 2, and setting the public hearing for the City Council meeting of May 20, 2003 at 6:00 P.M. Director of Public Work~/ City Manager ¢~ (4/SthsVote:Yes No X) Eastlake Company has requested the City conduct proceedings to consider changes and modifications to Improvement Area No. 2 of Community Facilities District No. 07M (Eastlake - Woods, Vistas and Land Swap Parcel) (CFD 07M) as well as an annexation to Improvement Area No. 2 of CFD 07M. CFD 07M was formed in 2002 to fund the perpetual operation and maintenance of slopes, medians and parkways and storm water treatment facilities associated with Eastlake III - Woods and Vistas and Land Swap Parcel. The City has retained the services of MuniFinancial as special tax consultant and Best Best and Krieger LLP as legal counsel to provide assistance during the proceedings. Tonight's action will initiate the formal proceedings {o consider the change and Page 2, Item ! Meeting Date 4/15/03 modification to CFD No. 07M, Improvement Area No. 2 and the annexation to CFD No. 07M, Improvement Area No. 2. RECOMMENDATION: That Council: Approve the resolution declaring the intention to consider changes and modifications to the Rate and Method of Apportionment of Special Taxes of Community Facilities District No. 07M, Improvement Area No. 2. Approve the resolution adopting an annexation map showing property to be annexed to Community Facilities District No. 07M (Eastlake - Woods, Vistas and Land Swap) and Improvement Area No. 2. Approve the resolution declaring its intention to authorize the annexation of territory to Community Facilities District No. 07M (Eastlake - Woods, Vistas and Land Swap) and Improvement Area No. 2. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: In 2002, Council formed Community Facilities District No. 07M (Eastlake -Woods, Vistas and Land Swap). CFD 07M is divided into two Improvement Areas, Improvement Area No. 1 (Woods & Vistas) and Improvement Area No. 2 (Land Swap). The proposed change and modification to the Rate and Method of Apportionment and the annexation are for Improvement Area No. 2. Area of Benefit CFD No. 07M, Improvement Area No. 2, encompasses parcels located within the Land Swap area owned by Eastlake Company. Eastlake is proposing to develop approximately 599 single-family homes (detached and condominiums), 150 multi-family units, and approximately 44 acres of commercial development. Proposed Special Tax Improvement Area No. 2 has four proposed categories of taxation, as follows: Developed Parcels (Single Family and Multi-Family Residences) are taxed based on the square footage of the structure. Commercial Parcels are taxed on the acreage of the parcel. · The Subdivided Lot Property which include all single family residential parcels for which a building permit has not been issued are taxed on acreage of the parcel. Page 3, Item Meeting Date 4/15/03 · Property not categorized as Developed or Subdivided Lot Property is taxed on acreage of the parcel. The Exempt Category includes all publicly owned parcels and Homeowner's Association parcels. Developed Parcels are those parcels for which a building permit has been issued. The proposed maximum special tax rates in the RMA were initially determined at the time of formation of CFD 07M in 2002. Eastlake has requested the special tax rates be modified to more closely match the benefit received from the improvements. Due to the deletion of significant landscaping that benefited the commercial property, this modification will reduce the special tax rate per acre for the commercial property. The Residential and Multi-Family special tax rates are proposed to remain the same to reflect the benefit these properties receive from the remaining improvements. Collection of Taxes At the beginning of each fiscal year the City shall determine the amount of the Special Tax Liability (budget plus reserve) of each Improvement Area. Then, the special taxes will first be levied on the Developed Parcels. If this pool of funds is not enough to fund the Special Tax Liability, as may be the case in the early years of development, the district will levy the special tax on the vacant land starting with Subdivided Lot Property. The buffer of having the vacant land covering any portion of the Special Tax Liability not funded from special taxes levied on Developed Parcels will disappear once the area has been fully developed. If the Special Tax Liability for any fiscal year is less than the maximum special tax authorized to be levied on the Developed Parcels, the actual rate of the special taxes to be levied in that specific year will be reduced accordingly. Following is a brief discussion of some key issues regarding the "Rate and Method of Apportionment (Revised) (RMA) of Special Taxes": (See Exhibit "A" for full description of RMA) · The Maximum Special Tax Rates increase each year by the annual percentage change in the Consumer Price Index. · The RMA provides that the annual budget for any year may include an amount deemed necessary to maintain an adequate level of an operating reserve fund. The maximum special tax rates are based on the original budget. If the actual square footage of development meets or exceeds the projections on which the special tax rates were based, the actual special tax rate necessary to be levied annually to fund the Special Tax Liability may be less than the authorized maximum special tax. Page 4, Item ~ Meeting Date 4/15/03 Proposed Maximum Special Taxes The proposed maximum and current maximum special tax rates for fiscal year 2002/03 for Improvement Area No. 2 ofCFD 07M are as follows: Developed Property Special Tax Category Residential (per square foot) Multi-Family (per square foot) Non-Residential (per acre) Proposed Current Increase/ Maximum Maximum (Decrease) Special Tax Special Tax $0.070 $0.070 $0.00 $0.070 $0.070 0.00 $547.75 $1,054.95 ($507.20) Undeveloped Special Tax Category Subdivided Lot Property (per Acre) Other Taxable Property (per Acre Taxable HOA Property (per acre) Proposed Current Increase/ Maximum Maximum (Decrease) Special Tax Special Tax $1,054.95 $1,054.95 $0.00 $1,054.95 $1,054.95 $0.00 $1,054.95 $1,054.95 $0.00 Resolutions There are three resolutions on today's agenda, which, if adopted, will accomplish the following: The RESOLUTION OF INTENTION is the jurisdictional resolution declaring the intention of the City Council to consider the proposed changes to the Rate and Method of Apportionment of Community Facilities District No. 07M (Eastlake - Woods, Vistas and Land Swap), Improvement Area No. 2, and set the time and place for the public hearing. The RESOLUTION ADOPTING THE BOUNDARY MAP is the formal action adopting the map and setting forth the boundaries of the proposed Annexation No. 1 to Community Facilities District No. 07M (Eastlake - Woods, Vistas and Land Swap), Improvement Area No. 2. The RESOLUTION OF INTENTION is the jurisdictional resolution declaring the intention of the City Council to authorize the proposed Annexation No. 1 to Comxnunity Facilities District No. 07M (Eastlake - Woods, Vistas and Land Swap), Improvement Page 5, Item ~ Meeting Date 4/15/03 Area No. 2, authorize the levy of a Special Tax, and set the time and place for the public hearing. Furore Actions The public hearing and consideration of the adoption of a resolution approving the changes and modifications to CFD No. 07M, Improvement Area No. 2 and submitting the authorization for such changes and modifications to the qualified electors are scheduled for the City Council meeting of May 20, 2003 at 6:00 P.M. The public hearing and consideration of the adoption of a resolution annexing territory to CFD No. 07M, Improvement Area No. 2 and submitting the authorization for the levy of special taxes to the qualified electors are scheduled for the City Council meeting of May 20, 2003 at 6:00 P.M. FISCAL IMPACT All costs of annexation to the district are being borne by the developers and the on-going administration will be funded entirely by the district. The City will receive the benefit of full cost recovering for staff cost involved in District formation and district administration in perpetuity. Exhibits: "A" Rate and Method of Apportionment (Revised) "B" Proposed Annexation Boundary Map J:\Engineer~AGENDA\CFD07M, 4-15-03.doc CITY OF CHUI~ VISTA COMMUNITY FACILITIES DISTRICT NO. 0TM RATE AND METHOD OF APPORTIONMENT FOR IMPROVEMENT AREA NO. 2 (REVISED) (Land Swap Parcel) A Special Tax of Community Facilities District No. 07M (Eastlake III Woods, Vistas and Land Swap Parcel) of the City of Chula Vista ("CFD") shall be levied on all Assessor's Parcels in Improvement Area No. 2 of the CFD and collected each Fiscal Year commencing in Fiscal Year 2002-03 in an amount determined through the application of the rate and method of apportionment of the Special Tax set forth below. Ail of the real property in the CFD; unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided. DEFINITIONS The terms hereinafter set forth have the following meanings: "Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable Final Subdivision Map, other final map, other parcel map, other condonfinium plan, or functionally equivalent map or instrument recorded in the Office of the County Recorder. The square footage of an Assessor's Parcel is equal to the Acreage multiplied by 43,560. "Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Part 1, Division 2 of Title 5 of the Government Code of the State of California. "Administrative Expenses" means the actual or estimated costs incurred by the City, acting for and on behalf of the CFD as the administrator thereof, to determine, levy and collect the Special Taxes, including salaries of City employees and a proportionate amount of the City's general administrative overhead related thereto, and the fees of consultants and legal counsel providing services related to the administration of the CFD; the costs of collecting instalhnents of the Special Taxes; and any other costs required to administer IA No. 2 of the CFD as determined by the City. "Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an assigned assessor's parcel number. "Assessor's Parcel Map" means an official map of the Assessor of the County designating parcels by assessor's parcel number. "CFD Administrator" means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes. "CFD" means Community Facilities District No. 07M of the City of Chula Vista. City of Chula Vista CFD 07M, IA No. 2 June 20, 2002 Page I "City" means the City of Chula Vista. "City Clerk" means the ~ty Clerk for the City of Chula Vista or his or her designee. "City Manager" means the City Manager for the City of Chula Vista or his or her designee. "Community Purpose Facility Property" or "CPF Property" means all Assessor's Parcels which are classified as community purpose facilities and meet the requirements of ~ty of Chula Vista Ordinance No. 2452. "Council" means the City Council of the City of Chula Vista, acting as the legislative body of the CFD. "County" means the County of San Diego, California. "Developed Property" means all Taxable Property for which a bui|ding permit was issued after January 1, 2002, but prior to the March 1st preceding the Fiscal Year in which the Special Tax is being levied. "Final Subdivision Map" means a subdivision of property creating buildable lots by recordation of a final subdivision map or parcel map pursuant to the Subdi~;~sion Map Act (California Government Code Section 66410 et seq.), or recordation of a condominium plan pursuant to California Civil Code 1352, that creates individual lots for wlxich building permits may be issued without further subdiva~sion and is recorded prior to March 1 preceding the Fiscal Year in which the Special T~x is being levied. "Fiscal Year" means the period starting July 1 and ending on the follov~mg June 30. "Improvement Area No. 2" or "IA No. 2" means Improvement Area No. 2 of the CFD, as identified on the boundary map for the CFD. "Land Use Class" means any of the classes listed in Table 1 or Table 2. "Landscape Maintenance" means the labor, material, administration, personnel, equipment and utilities necessary to maintain lan&caped areas within the public right-of- ways, parkways, slopes, wetlands and other public easements throughout the CFD. "Landscape Maintenance Requirement" means, for any Fiscal Year in which Special Taxes are levied, the amount equal to the budgeted costs for Landscape Maintenance applicable to IA No. 2 for such Fiscal Year. "Maximum Special Tax" means the m~anum Special Tax, determined in accordance with Section C below, that may be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property. "Multi-Family Property" means all Assessor's Parcels of Developed Property for which a building permit has been issued for a residential structure consisting of two or more Ci(~' of Chula Vista CFD 07M, IA No. 2 June 20, 20(12 Page 2 residential units that share common walls, including, but not 15mired to, duplexes, triplexes, townhomes, condomlrn'ums, and apartment units. "Non-Residential Property" means all Assessor's Parcels of Developed Property for which a building permit(s) has been issued for a stmcture or structures for non-residential use. "Operating Fund" means a fund that shall be maintained for IA No. 2 for each Fiscal Year to pay for Landscape Maintenance and Storm Water Quality Maintenance and Administrative Expenses. "Operating Fund Requirement" means, for any Fiscal Year, the sum of the applicable Landscape Maintenance Requirement and the applicable Storm Water Quality Maintenance Requirement. "Other Taxable Property" means, for each Fiscal Year, all Undeveloped Property not classified as Developed Property, Subdivided Lot Property, or Taxable Property Owners Association Property. "Property Owner Association Property" means any property within the boundaries IA No. 2 of the CFD that is owned by, or irrevocably dedicated as indicated in an instrument recorded with the County Recorder to, a property owner association, including any master or sub-association. "Proportionately" means in a manner such that the ratio of the actual Special Tax levy to the Maximum Special Tax is equal for all Assessor's Parcels of Taxable Property within each Land Use Class. "Public Property" means any property within the boundaries of LA No. 2 of the CFD that is, at the time of the CFD formation, expected to be used for any public purpose and is owned by or dedicated to the federal government, the State, the County, the City or any other public agency. "Reserve Fund" means a fund that shall be maintained for IA No. 2 for each Fiscal Year to provide necessary cash flow for the first six months of each Fiscal Year, reserve capital to cover monitoring, maintenance and repair cost overmns and delinquencies in the payment of Special Taxes and a reasonable buffer to prevent large variations in annual Special Tax levies. "Reserve Fund Requirement" means an amount equal to up to 100% of the Operating Fund Requirement for any Fiscal Year. "Residential Property" means all Assessor's Parcels of Developed Property for which a building permit(s) has been issued for purposes of constructing one residential dwelling unit. "Special Tax" means the Special Tax levied pursuant to the provisions of sections C and D below in each Fiscal Year on each Assessor's Parcel of Developed Property and Undeveloped Property in IA No. 2 to fund the Special Tax Requirement. City of Chula Vista CFD 07M, IA No. 2 June 20, 2002 Page 3 "Special Tax Requirement" means that amount required in any Fiscal Year for IA No. 2 to: (a) (i) pay the Landscape Maintenance Requirement; (ii) pay the Storm Water Quality Maintenance Requirement; 0il) pay reasonable Administrative Expenses; (iv) pay any amounts required to establish or replenish the Reserve Fund to the Reserve Fund Requirement; (v) pay for reasonably anticipated delinquent Special Taxes based on the delinquency rate for Special Taxes levied in the previous Fiscal Year; less (b) a credit for funds available to reduce the annual Special Tax levy, including the excess, if any, in the Reserve Fund above the Reserve Fund Requirement. "Square Foot" means the square footage as shown on an Assessor's Parcel's building permit of Residential Property or Multi-Family Property, excluding garages or other structures not used as liv'mg space. "State" means the State of California. "Storm Water Quality Maintenance" means the maintenance of detention basins, storm drains, catch basin inserts, hydrodynamic devices, infiltration basins, and all other facilities that are directly related to storm water quality control throughout IA No. 2. "Storm Water Quality Maintenance Requirement" means for any Fiscal Year an amount equal to the budgeted costs for Storm Water Quality Maintenance applicable to lA No. 2 for the current Fiscal Year in which Special Taxes are levied. "Subdivided Lot Property" means a single family residential lot created by a Final Subdivision Map, but which is not classified as Developed Property. "Taxable Property" means ali of the Assessor's Parcels within the boundaries of IA No. 2 of the CFD that are not exempt from the Special Tax pursuant to law or as defined below. "Tax-Exempt Property" means an Assessor's Parcel not subject to the Special Tax. Tax- Exempt Property includes: (i) Public Property, or (ii) Property Owner Association Property, or (iii) Assessor's Parcels defined as Community Purpose Facility Property that is owned by a non-profit organization and has provided proof to the City prior to the March 1st preceding the Fiscal Year in which the Special Tax is being levied of the organization's non-profit status, or (v) Assessor's Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement. "Taxable Property Owner Association Property" means all Property Owner Association Property which is not exempt from the Special Tax pursuant to Section E below. "Undeveloped Property" means, for each Fiscal Year, all Taxable Property not dassified as Developed Property. ~ity of COula Vista June 20, 2002 CFD 07M, IA No. 2 Page 4 ASSIGNMENT TO LAND USE CATEGORIES Each Fiscal Year using the definitions above, all Taxable Property within IA No. 2 of the CFD shall be classified as Developed Property, Subdivided Lot Property or Undeveloped Property, and shall be subject to Special Taxes pursuant to Sections C and D below. Developed Property shall be further assigned to a Land Use Class as specified in Table 1. Undeveloped Property shall be further assigned to a Land Use Class as specified in Table 2. Assessor's Parcels of CPF Property not classified as exempt in accordance with Section E below shall be taxed as Non-Residential Property when such Assessor's Parcel is classified as Developed Property. If the Assessor's Parcel is Undeveloped it shali be classified as Other Taxable Property. MAXIMUM SPECIAL TAX RATE 1. Developed Property TABLE 1 Maximum Special Tax for Developed Property Community Facilities District No. 07M Improvement Area No. 2 Land Use Maximum Class Description Special Tax 1 Residential Property $ 0.070 per Sq Ft 2 Multi-Family Property $0.070 per Sq Ft 3 Non-Residential Property $547.75 per Acre Multiple Land Use Classes In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Class. The Maximum Special Tax that may be levied on such an Assessor's Parcel shall be the stun of the Maximum Special Tax levies that may be imposed on all Land Use Classes located on that Assessor's Parcel. The CFD Administrator shall determine the allocation to each Land Use Class. City of Chula Vista CFD 07M, IA No. 2 June 20, 2002 Page 5 Undeveloped Property TABLE 2 Maximum Special Tax for Undeveloped Property Community Facilities District No. 07M Improvement Area No. 2 - Land Use Maximum Class Description Special Tax 4 Subdivided Lot Property $1,054.95 per Acre 5 Other Taxable Property $1,054.95 per Acre 6 Taxable Property Owner $1,054.95 per Acre Association Property Annual Escalation of Maximum Special Tax The Maximum Special Tax as shown in the tables above that may be levied on each Assessor's Parcel in IA No. 2 shall be increased each Fiscal Year beginning in Fiscal Year 2003-04 and thereafter by a factor equal to the annual percentage increase, if any, in the San Diego Metropolitan Area All Urban Consumer Price Index (All Items). De METHOD OF APPORTIONMENT OF THE SPECIAL TAX Commencing with Fiscal Year 2002-03, and for each following Fiscal Year, the Council shall levy t~he IA No. 2 Special Tax at the rates established pursuant to steps 1 through 4 below so that the amount of the Special Tax levied equals the Special Tax Requirement. The Special Tax shall be levied each Fiscal Year as follows: First: The Special Tax shall be levied Proportionately on each Assessor's Parcel of Developed Property up to 100% of the applicable Maximum Special Tax; Second: If additional monies are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Assessor's Parcel of Subdivided Lot Property at up to 100% of the Maximum Special Tax for Subdivided Lot Property; Third: If additional monies are needed to satisfy the Special Tax Requirement after the first two steps have been completed, the Special Tax shall be levied Proportionately on each Assessor's Parcel of Other Taxable Property at up to 100% of the Maximum Special Tax for Other Taxable Property; City of Chula Vista June 20, 2002 CFD 07M, IA No. 2 Page 6 Fourth: If additional moneys are needed to satisfy the Special Tax Requirement after the f'test three steps have been completed, .the Special Tax shall be levied proportionately on each Assessor's Parcel of Taxable Property Owner Association Property at up to 100% of the Maximum Special Tax for Taxable Property Owner Association Property. Notwithstanding the above, under no circumstances w'fll the Special Tax levied against any Assessor's Parcel of Residential Property or Multi-Family Property for which an occupancy permit for private residential use has been issued be increased by more than ten percent annually up to the Maximum Special Tax as a consequence of delinquency or default by the owner of any other Assessor's Parcel within IA No. 2 of the CFD. E. EXEMPTIONS The CFD Administrator shall dassify as exempt property (i) Assessor's Parcels defined as Public Property, (ii) Assessor's Parcels defined as Community Purpose Facility Property that are owned by a non-profit organization which has provided proof to the City prior to the March 1st preceding the Fiscal Year in which the Special Tax is being levied of the organization's non-profit status, and (iii) Assessor's Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement. The CFD Administrator shall classify as exempt property those Assessor's Parcels defined as Property Owner's Association Property provided that no such classification would reduce the sum of all taxable Property to less than 76.23 Acres. Assessor's Parcels defined as Property Owner Association Property that cannot be classified as exempt property v/ill be classified as Taxable Property Owner Association Property and shall be taxed as part of the fourth step in Section D. The CFD Administrator will assign Tax-Exempt status in the chronological order in which property becomes exempt. F. APPEALS Any landowner or resident who pays the Special Tax and believes that the amount of the Special Tax levied on their Assessor's Parcel is in error shall first consult with the CFD Administrator regarding such error. If following such consukation, the CFD Administrator determines that an error has occurred, the CFD Administrator may amend the amount of the Special Tax levied on such Assessor's Parcel. If following such consultation and action, if any by the CFD Administrator, the landowner or resident believes such error still exists, such person may file a written notice with the City Clerk of the City appealing the amount of the Special Tax levied on such Assessor's Parcel. Upon the receipt of any such notice, the City Clerk shall forward a copy of such notice to the City Manager who shall establish as part of the proceedings and administration of the CFD, a special three-member Review/Appeal Committee. The Review/Appeal Committee may establish such procedures, as it deems necessary to undertake the review of any such appeal. The Review/Appeal Committee shall interpret this Rate and Method of Apportionment and make determinations relative to the annual administration of the Special Tax and any landowner or resident appeals, as here'm specified. The decision of the Review/Appeal Committee shall be final and binding as to all persons. IA No. 2 City of Chula Vista CFD 07M, IA No. 2 June 20, 2002 Page 7 G. MANNER OF COLLECTION_ Special Taxes levied pursuant to Section D above shall be collected in the same manner and at the same time as ordinary ad z~/or~m property taxes; provided, however, that the CFI) Administrator may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet the financial obligations of IA No. 2 of the CFD or as otherv~se determined appropriate by the CFD Administrator. FI. TERM OF SPECIAL TAX Taxable Property in IA No. 2 of the CFD shall remain subject to the Special Tax in perpetuity. S:\C[ients\Chula Vista\CFD Foxmations\Eastlake ilI\Landswap Change & Modificauon\redlmed eastlake III PoMA IA No.2 revised draft 2.doc City of Chula Vista CFD 0TM, IA No. 2 June20,2002 Page 8 O~--x O- n ~J I~SOLUTION NO. ~O0~- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, OF DECLARING 'ITS INTENTION TO CONSIDER CHANGES AND MODIFICATIONS TO THE RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES AUTHORIZED TO BE LEVIED WITHIN IMPROVEMENT AREA NO. 2 OF COMMUNITY FACILITIES DISTRICT NO. 07M (EASTLAKE - WOODS, VISTAS AND LAND SWAP) AND SETTING THE PUBLIC HEARING FOR THE CITY COUNCIL MEETING OF MAY 20, 2003 AT 6:00 P.M. WHEREAS, the City Council of the City of Chula Vista, California, (the "City Council") previously has previously undertaken proceedings to form Community Facilities District No 07M (Eastlake - Woods, Vistas and Land Swap) (the "District"), to designate two improvement areas therein ("Improvement Area No. 1" and "Improvement Area No. 2") and to authorize the levy of special taxes within each Improvement Area pursuant to the provisions of the Mello- Roos Community Facilities Act of I982, as amended (Government Code Section 53311 and lbllowing) (the "Act") and the City of Chula Vista Community Facilities District Ordinance enacted pursuant to the powers reserved by the City of Chula Vista under Sections 3, 5 and 7 of Article X1 of the Constitution of the State of California (the "Ordinance") (the Act and the Ordinance may be referred to collectively as the "Community Facilities District Law") to finance the maintenance of maintenance of (a) wetlands and landscaped areas within the public rights-of- ways and other public easements throughout the District and (b) facilities that are directly related to storm xvater quality control throughout the District. WHEREAS, the qualified electors of each improvement Area of the District, voting in a special election held on August 13, 2002, approved the authorization to levy special taxes within each Improvement Area pursuant to a separate rate and method of apportiomnent of such special taxes for each Improvement Area (the rate and method of apportionment of special taxes approved fbr Improvement Area No. 2 shall be referred to as the "Existing Improvement Area No. 2 RMA'); and WHEREAS, subsequent to the formation of the District and such election, The EastLake Company ("EastLake'), the master developer of the property within Improvement Area No. 2 of the District, requested that the City Council, acting as the legislative body of the District, initiate proceedings to modi~ the Existing Improvement Area No. 2 RMA; and WHEREAS, this City Council desires to initiate such proceedings and to set the time and place for a public hearing on this Resolution. NOW, THEREFORE, THE CITY COUNCIL OF THE CiTY OF CHULA VISTA, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 0TM (EASTLAKE - WOODS, VISTAS AND LAND SWAP), DOES HEREBY RESOLVE, DECLARE, FIND, DETEILMINE AND ORDER AS FOLLOWS: SECTION 1. RECITALS. The above recitals are all true and correct. SECTION 2. DESCRIPTION OF THE AREA TO BE AFFECTED. The area to be affected by the proposed modification, if approved, is all of Improvement Area No. 2 of the District which is generally described as follows: All property within the boundaries of Improvement Area No. 2 of Community Facilities District No. 07M (Eastlake - Woods, Vistas and Land Swap), as shown on a map as previously approved by the City Council of the City, such map designated by the name of such District, a copy of which is on file in the office of the City Clerk of the City. SECTION 3. DECLARATION OF INTENTION TO CONSIDER THE MODIFICATION OF THE EXISTING IMPROVEMENT AREA NO. 2 RMA. This City Council hereby declares its intention to consider modifying the Existing Improvement Area No. 2 RMA so that the rate and method of apportionment of special taxes authorized to be levied within Improvement Area No. 2 reads as set forth in Exhibit A attached hereto and incorporated herein by this reference. SECTION 4. PUBLIC HEARING. NOT1CE IS HEREBY GIVEN that on May 20, 2003, at the hour of 6 p.m., in the regular meeting place of the City Council, being the Council Chambers located at 276 Fourth Street, Chula Vista, California, the City Council will hold a public hearing to consider this Resolution and to consider the approval of the modification of the Existing Improvement Area No. 2 RMA. At such time and place all interested persons or taxpayers for or against the approval of the modification of the Existing hnprovement Area No. 2 RMA will be heard. At the above-mentioned time and place for public hearing any persons interested, including taxpayers and property owners may appear and be heard. The testimony of all interested persons for or against the modification of the Existing Improvement Area RMA will be heard and considered. Any protests may be made orally or in writing. However, any protests pertaining to the regularity or sufficiency of the proceedings shall be in writing and clearly set forth the irregularities and defects to which the objection is made. All written protests shall be filed with the city clerk of the city on or before the time fixed for the public hearing. Written protests may be withdraxvn in writing at any time before the conclusion of the public hearing. If a written majority protest is filed against the modification of the Existing Improvement Area RMA, the proceedings shall be abandoned. SECTION 5. ELECTION. If, following the public hearing described in the Section above, the City Council determines to approve the modification of the Existing Improvement Area No. 2 RMA, the City Council shall then submit the modification to the qualified electors of Improvement Area No. 2 of the District. If at least twelve (12) persons, who need not necessarily be the same twelve (12) persons, have been registered to vote within Improvement Area No. 2 for each of the ninety (90) days preceding the close of the public hearing, the vote shall be by registered voters of Improvement Area No. 2, with each voter having one (1) vote. Otherwise, the vote shall be by the landowners of Improvement Area No. 2 who were the oxvners of record at the close of the subject hearing, with each landowners or the authorized representative thereof, having one (1) vote for each acre or portion of an acre of land owned within Improvement Area No. 2. 2 representative thereof, having one (l) vote for each acre or portion of an acre of land owned within Improvement Area No. 2. SECTION 6. NOTICE OF PUBLIC HEARING. The City Clerk is hereby authorized and directed to give notice of such public hearing by causing a Notice of Public Hearing to be published pursuant to Government Code Section 6061 in a legally designated newspaper of general circulation with such publication to be completed at least seven (7) days prior to the date set for such public hearing. SECTION 7. EFFECTIVE DATE. This Resolution shall become effective immediately upon its adoption. PREPARED BY: APPROVED AS TO FORM BY: Clifford Swanson Ann Moore Director of Engineering City Attorney 3 CITY OF CHLq~ VISTA COMMUNITY FACILITIES DISTRICT NO. 07M RATE AND METHOD OF APPORTIONMENT FOR IMPROVEMENT AREA NO. 2 (REVISED) (Land Swap Parcel) A Special Tax of Community Facilities District No. 07M (Easdake III Woods, Vistas and Land Swap Parcel) of the City of Chula Vista ("CFD") shall be levied on all Assessor's Parcels in Improvemem Area No. 2 of the CFD and collected each Fiscal Year commencing in Fiscal Year 2002-03 in an amount determined through the application of the rate and method of apportionment of the Special Tax set forth below. All of the real property in the CED, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided. A. DEFINITIONS The terms hereinafter set forth have the following meanings: "Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable Final Subdivision Map, other final map, other parcel map, other condominium plan, or functionally equivalent map or instrument recorded in the Office of the County Recorder. The square footage of an Assessor's Parcel is equal to the Acreage multiplied by 43,560. "Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Part 1, Division 2 of Tide 5 of the Government Code of the State of California. "Administrative Expenses" means the actual or estimated costs incurred by the City, acting for and on behalf of the CED as the administrator thereof, to determine, levy and collect the Special Taxes, including salaries of City employees and a prol~ortionate amount of the City's general administrative overhead related thereto, and the fees of consultants and legal counsel providing seryices related to the administration of the CF'D; the costs of collecting installments of the Special Taxes; and any other costs required to admimster IA No. 2 of the CFD as determined by the City. "Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an assigned assessor's parcel number. "Assessor's Parcel Map" means an offidal map of the Assessor of the County designating parcels by assessor's parcel number. "CFD Administrator" means an offidal of the City, or designee thereof, responsible for determining the Spedal Tax Requirement and providing for the levy and collection of the Special Taxes. "CFD" means Community Facilities District No. 07M of the City of Chula Vista. City of Chula Vista CFD 07M, IA No. 2 June 20, 2002 Page I "City" means the City of Chula Vista. "City Clerk" means the City Clerk for the City of Chula Vista or his or her designee_ - "City Manager" means the City Manager for the City of Chula Vista or his or her designee. "Community Purpose Facility Pr6perty" or "CPF Property" means all Assessor's Parcels which are classified as comrp~unity purpose facilities and meet the requirements of City of Chula Vista Ordinance No. 2452. "Council" means the City Council of the City of Chula Vista, acting as the legislative body of the CFD. "County" means the County of San Diego, California. "Developed Property" means all Taxable Property for which a building permit was issued after January 1, 2002, but prior to the March 1st preceding the Fiscal Year in which the Special Tax is being levied. "Final Subdivision Map" means a subdivision of property creating buildable lots by recordation of a final subdivision map or parcel map pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.), or recordation of a condominium plan pursuant to California Civil Code 1352, that creates individual lots for which building permits may be issued without further subdivision and is recorded prior to March 1 preceding the Fiscal Year in which the Special Tax is being levied. "Fiscal Year" means the period starting July 1 and ending on the following June 30. "Improvement Area No. 2" or "IA No. 2" means Improvement Area No. 2 of the CFD, as identified on the boundary map for the CFD. "Land Use Class" means any of the classes listed in Table 1 or Table 2. "Landscape Maintenance" means the labor, material, adm~stration, personnel, equipment and utilities necessary to maintain landscaped areas within the public right-of- ways, parkways, slopes, wetlands and other public easements throughout the CFD. "Landscape Maintenance Requirement" means, for any Fiscal Year in which Special Taxes are levied, the amount equal to the budgeted costs for Landscape Maintenance applicable to IA No. 2 for such Fiscal Year. "Maximum Special Tax" means the maximttm Special Tax, determined in accordance with Section C below, that may be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property. "Multi-Family Property" means all Assessor's Parcels of Developed Property for which a building permit has been issued for a residential structure consisting of two or more CHy of Chula Vista CFD 0TM, IA No. 2 June 20, 2002 Page 2 residential units that share common wails, induding, but not limited to, duplexes, triplexes, townhomes, condominiums, and apartment traits. "Non-Residential Property" means all Assessor's Parcels of Developed Property for which a building permit(s) has been:issued for a structure or structures for non-residential use. "Operating Fund" means a fund thkt shall be maintained for IA No. 2 for each Fiscal year to pay for Landscape Maintenanie and Storm Water Quality Maintenance and Adminlstrafive Expenses. "Operating Fund Requirement" means, for any Fiscal Year, the sum of the applicable Landscape Maintenance Requirement and the applicable Storm Water Quality Maintenance Requirement. "Other Taxable Property" means, for each Fiscal Year, all Undeveloped Property not classified as Developed Property, Subdivided Lot Property, or Taxable Property Owners Association Property. "Property Owner Association Property" means any property within the boundaries IA No. 2 of the CFD that is owned by, or irrevocably dedicated as indicated in an instrument recorded with the County Recorder to, a property owner association, including any master or sub-association. "Proportionately" means in a manner such that the ratio of the actual Special Tax levy to the Maximum Special Tax is equal for all Assessor's Parcels of Taxable Property within each Land Use Class. "Public Property" means any property within the boundaries of IA No. 2 of the CFD that is, at the time of the CFD formation, expected to be used for any public purpose and is owned by or dedicated to the federal government, the State, the County, the City or any other public agency. "Reserve Fund" means a fund that shall be maintained for IA No. 2 for each Fiscal Year to provide necessary cash flow for the first six months of each Fiscal Year, reserve capital to cover monitoring, maintenance and repair cost overruns and delinquencies in the payment of Special Taxes and a reasonable buffer to prevent large variations in annual Special Tax levies. "Reserve Fund Requirement" means an amount equal to up to 100% of the Operating Fund Requirement for any Fiscal Year. "Residential Property" means all Assessor's Parcels of Developed Property for which a building permit(s) has been issued for purposes of constructing one residential dwelling unit. "Special Tax" means the Special Tax levied pursuant to the provisions of sections C and D below in each Fiscal Year on each Assessor's Parcel of Developed Property and Undeveloped Property in IA No. 2 to fund the Special Tax Requirement. City of Chula Vista CFD 07M, I~ No. 2 June 20, 2002 Page 3 "Special Tax Requirement" means that amount required in any Fiscal Year for IA No. 2 to: (a) (i) pay the Landscape Maintenance Requirement; (ii) pay the Storm Water _ Query Maintenance Requirement; Cfi) pi~3~ reasonable Administrative Expenses; (iv) pay any amounts required to establish or replenish the Reserve Fund to the Reserve Fund Requirement; (v) pay for reasonably antidpated delinquent Spedal Taxes based on the delinquency rate for Special Taxes levied in th~ previous Fiscal Year;' less Co) a credit for funds available to reduce the annual Special Tax levy, including the excess, if any, in the Reserve Fund above the Reserve Fund Requirement. "Square Foot" means the square footage as shown on an Assessor's Parcel's building permit of Residential Property or Multi-Family Property, excluding garages or other structures not used as living space. "State" means the State of California "Storm Water Quality Maintenance" means the maintenance of detention basins, storm drains, catch basin inserts, hydrodynamic devices, infiltration basins, and all other faculties that are directly related to storm water quality control throughout lA No. 2. "Storm Water Quality Maintenance Requirement" means for any Fiscal Year an amount equal to the budgeted costs for Storm Water Quality Maintenance applicable to lA No. 2 for the current Fiscal Year in which Special Taxes are levied. "Subdivided Lot Property" means a single fa,nily residential lot created by a Final Subdivision Map, but which is not classified as Developed Property. "Taxable Property" means all of the Assessor's Parcels within the boundaries of lA No. 2 of the CFD that are not exempt from the Special Tax pursuant to law or as defined below. "Tax-Exempt Property" means an Assessor's Parcel not subject to the Special Tax. Tax- Exempt Property includes: (i) Public Property, or (ii) PropertT Owner Association Property, or ('ni) Assessor's Parcels defmed as Community Purpose Facility Propertythat is owned by a non-profit organization and has provided proof to the City prior to the'lvlarch 1st preceding the Fiscal Year in which the Special Tax is being levied of the organization's non-profit status, or (v) Assessor's Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement. "Taxable Property Owner Association Property" means all Property Owner Association Property which is not exempt from the Special Tax pursuant to Section E below. "Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as Developed Property. C#y of Chula Vista CFD 0TM, IA No. 2 June 20, 2002 Page 4 ASSIGNMENT TO LAND USE CATEGORIES Each Fiscal Year using the defmiti6fis above, all Taxable p?operty within IA No. '3 of the CFi) shall be classified as Developed Property, Subdivided Lot Property or Undeveloped Property, and shall be subject to Spedal Taxes pursuant to Sections C and D below. Developed Property shall be further assigned t6 a Land Use Class as ipecified in Table 1. Undeveloped Property shall be further assigned to a Land Use Class as specified in Tabli, 2. Assessor's Parcels of CPF Property not classified as exempt in accordance with Section E below shall be taxed as Non-Residential Property when such Assessor's Parcel is classified as Developed Property. If the Assessor's Parcel is Undeveloped it shall be classified as Other Taxable Property. MAXIMUM SPECIAL TAX RATE 1. Developed Property TABLE 1 Maximum Special Tax for Developed Property Community Facilities District No. 07M Improvement Area No. 2 Land Use Maximum Class Description Special Tax 1 Residential Property $ 0.070 per Sq Ft 2 Multi-Family Property $0.070 per Sq Ft 3 Non-Residential Property $547.75 per Acre Multiple Land Use Classes In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Class. The Maximum Spedal Tax that may be levied on such an Assessor's Parcel shall be the sum of the Maximum Spedal Tax levies that may be imposed on all Land Use Classes located on that Assessor's Parcel. The CFD Administrator shall determine the allocation to each Land Use Class. CiO' of Chula Vista CIrD 07M, IA No. 2 June 20, 2002 Page 5 Undeveloped Property TABLE 2 Maximum Special Tax for Undeveloped Property Community Facilities District No. 0TM Improvement Area No. 2 Land Use Maximum Class Description Special Tax 4 Subdivided Lot Property $1,054.95 per Acre 5 Other Taxable Property $1,054.95 per Acre 6 Taxable Property Owner $1,054.95 per Acre Association Property Annual Escalation of Maximum Special Tax The Maximum Special Tax as shown in the tables above that may be levied on each Assessor's Parcel in IA No. 2 shall be increased each Fiscal Year beginning in Fiscal Year 2003-04 and thereafter by a factor equal to the annual percentage increase, if any, in the San Diego Metropolitan Area All Urban Consumer Price Index (Ail Items). METHOD OF APPORTIONMENT OF THE SPECIAL TAX Commencing with Fiscal Year 2002-03, and for each following Fiscal Year, the Council shall levy the IA No. 2 Special Tax at the rates established purmant to steps 1~ through 4 below so that the amount of the Special Tax levied equals the Special Tax Requirement. The Special Tax shall be levied each Fiscal Year as follows: First: The Spedal Tax shall be levied Proportionately on each Assessor's Parcel of Developed Property up to 100% of the applicable Maximum Special Tax; Second: If additional monies are needed to satisfy the Spedal Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Assessor's Parcel of Subdivided Lot Property at up to 100% of the Maximum Spedal Tax for Subdivided Lot Property; Third: If additional monies are needed to satisfy the Spedal Tax Requirement after the first two steps have been completed, the Spedal Tax shall be levied Proportionately on each Assessor's Parcel of Other Taxable Property at up to 100% of the Maximum Spedal Tax for Other Taxable Property; City of Chula Vista June 20, 2002 CFD 07M, IA No. 2 Page 6 Fourth: If additional moneys are needed to satisfy the Special Tax Requirement after the first three steps have been completed, ~he Special Tax shall be levied proportionately 9n each Assessor's Parcel of Taxable Pr0pariy Owner Association Property at' up to 100% of the Maximum Spedal Tax for Taxable Property Owner Association Property. Notwithstanding the above, under no.circumstahces will the Special Tax levied against any Assessor's Parcel of Residential ProPerty or Multi-Family Property for which an occupancy permit for private residential use has been issued be increased by more than ten percent annually up to the Maximum Special Tax as a consequence of delinquency or default by the owner of any other Assessor's Parcel within IA No. 2 of the CFD. E. EXEMPTIONS The CFD Administrator shall dassify as exempt property (i) Assessor's Parcels defined as Public Property, (ii) Assessor's Parcels defined as Community Purpose Facility Property that are owned by a non-profit organization which has provided proof to the City prior to the March 1st preceding the Fiscal Year in which the Special Tax is being levied of the organization's non-profit status, and (iii) Assessor's Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement. The CFD Administrator shall classify as exempt property those Assessor's Parcels defined as Property Owner's Association Property provided that no such classification would reduce the sum of all taxable Property to less than 76.23 Acres. Assessor's Parcels defined as Property Owner Association Property that cannot be classified as exempt property will be dassifled as Taxable Property Owner Association Property and shall be ta~xed as part of the fourth step in Section D. The CFD Administrator will assign Tax-Exempt status in the chronological order in which property becomes exempt. F. ~P~LS Any landowner or resident who pays the Special Tax and believes th~'t the amount of the Special Tax levied on their Assessor's Parcel is in error shall first consult with the CFD Administrator regarding such error, if following such consultation, the CFD Administrator determines that an error has occurred, the CFI) Administrator may amend the amount of the Special Tax levied on such Assessor's Parcel. If following such consultation and action, if any by the CFI) Administrator, the landowner or resident believes such error still exists, such person may file a written notice with the City Clerk of the City appealing the amount of the Special Tax levied on such Assessor's Parcel. Upon the receipt of any such notice, the City Clerk shall forward a copy of such notice to the City Manager who shall establish as part of the proceedings and administration of the CFD, a special three-member Review/Appeal Committee. The Review/Appeal Committee may establish such procedures, as it deems necessary to undertake the review of any such appeal. The Review/Appeal Committee shall interpret this Rate and Method of Apportionment and make determinations relative to the armual administration of the Special Tax and any landowner or resident appeals, as herein specified. The decision of the Review/Appeal Committee shall be final and binding as to all persons. IA No. 2 City of Chula Vista CFD 07M, IA No. 2 June 20, 2002 Page 7 MANNER OF COLLECTION Special Taxes levied pursuant to Section D .above shall be collected in the same manner and at the same time as ordinary ad zadoron propervj taxes; provided, however, that the CFD Administrator may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet the financial obligations of IA No. 2 of the CEE) or as otherwise determined appropriate by,he CFD Administrator. II. TERM OF SPECIAL TAX Taxable Property in IA No. 2 of the CFD shall remain subject to the Special Tax in perpetuity. S:\Clients\Chu]a Vista\CFD Formatlons\Ea~tlake III\Lmd~wap Change & Modification\redlined easdake III RMA IA No.2 revised draft 2.doc CiO' of Chula Vista CFD 07M, IA No. 2 June 20, 2002 Page 8 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ADOPTING AN ANNEXTION MAP SHOWING PROPERTY PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 07M (EASTLAKE - WOODS, VISTAS AND LAND SWAP) AND IMPROVEMENT AREA NO. 2 WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, ("City Council"), formed a Community Facilities District and certain improvement areas therein pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act"), and the City of Chula Vista Community Facilities District Ordinance enacted pursuant to the powers reserved by the City of Chula Vista under Sections 3, 5 and 7 of Article XI of the Constitution of the State of California (the "Ordinance") (the Act and the Ordinance may be referred to collectively as the "Community Facilities District Law"). The Community Facilities District has been designated as COMMUNITY FACILITIES DISTRICT NO. 07M (EASTLAKE - WOODS, VISTAS AND LAND SWAP) (the "District") and the Improvement Areas were designated as IMPROVEMENT AREA NO. 1 and IMPROVEMENT AREA 2; and, WHEREAS, the City Council desires to initiate proceedings to annex certain property to the District and Improvement Area No. 2 thereto; and, WHEREAS, there has been submitted a map entitled "Annexation Map No. 1 To Community Facilities District No. 07M (Eastlake - Woods, Vistas and Land Swap), Improvement Area No. 2, City Of Chula Vista, County Of San Diego, State Of California" (the "Annexation Map") showing the territory proposed to be annexed to Improvement Area No. 2 of the District (the "Territory"). NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. The above recitals are all true and correct. SECTION 2. The Annexation Map showing the Territory proposed to be annexed to Improvement Area No. 2 of the District and to be subject to the levy of a special tax is hereby approved and adopted. SECTION 3. A certificate shall be endorsed on the original and on at least one (1) copy of Annexation Map, evidencing the date and adoption of this Resolution, and within fifteen (15) days after the adoption of the Resolution fixing the time and place of the hearing on the intention to annex or extent of the annexation to the District and Improvement Area No. 2, a copy of such map shall be filed with the correct and proper endorsements thereon with the County Recorder, all in the manner and form provided for in Section 31 l 1 of the Streets and Highways Code of the State of California. PREPARED BY: APPROVED AS TO FORM BY: Clifford Swanson Director of Engineering Services Anne Moore City Attorney J:~Attomey\Reso\CFDXCFD 07M Annex RESOLUTION NO. 2003- RESOLUTION OF THE CITY COUNCIl, OF THE cITY OF CHULA VISTA, CALIFORNIA, DECLARING ITS iNTENTION TO AUTHORIZE THE ANNEXATION OF TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 07M (EASTLAKE - WOODS, VISTAS AND LA_ND SWAP) A_ND IMPROVEMENT AREA NO. 2 AND SETTING THE PUBLIC HEARING FOR THE CITY COUNCIL MEETING OFMAY 20, 2003 AT 6:00 P.M. WHEKEAS, the CITY COUNCIL of the CItY OF CHULA VISTA, CALIFORNIA, ("City' Council"), formed a Community Facilities District and certain improvement areas therein pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act"), and the City of Chula Vista Community Facilities District Ordinance enacted pursuant to the powers reserved by the City of Chula Vista under Sections 3, 5 and 7 of Article XI of the Constitution of the State of California (the "Ordinance") (the Act and the Ordinance may be referred to collectively as the "Community Facilities District Law"). The Community Facilities District has been designated as COMMUNITY FACILITIES DISTRICT NO. 07M (EASTLAKE - WOODS, VISTAS AND LAND SWAP) (the "District") and the Improvement Areas were desi=m~ated as LMPROVEMENT AREA NO. I and IMPROVEMENT AREA 2 of such District; and, WHEREAS, the District was formed for the purpose of financing the maintenance of(a) wetlands and landscaped areas xvithin the public rights-of-ways and other public easements throughout the District and (b) facilities that are directly related to storm water quality control throughout the District; and WHEREAS, the territory proposed to be annexed to the District and Improvement Area No. 2 (the :'Territory") shown on a map showing thereof entitled "Annexation Map No. 1 To Community Facilities District No. 07M (Eastlake - Woods, Vistas and Land Swap), Improvement Area No. 2, City Of Chula Vista, County Of San Diego, State Of California" (the ';Annex~ation Map"), which map has been previously approved and a copy of the map shall be kept on file with the transcript of these proceedings. WHEREAS, this legislative body is now desires to proceed to adopt its Resolution of Intention to annex the Territory to the District and Improvement ,Area No. 2, to describe the territory included within District and Improvement Area No. 2 and the Territory. proposed to be annexed thereto, to specify the services to be financed from the proceeds of the levy of spec_iai taxes within the Territory, to set and speci~ the special taxes that would be levied within the Territory to finance such services, and to set a time and place for a public hearing relating to the annexation of the Territory to the District and hnprovement Area No. 2; and, NO\V, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: RECITALS SECTION 1. The above recitals are all true and correct. LEGAL AUTHORITY SECTION 2. These proceedings for annexation are initiated by this City Council pursuant to the authorization of the Community Facilities District Law. INTENTION TO ANNEX; DESCRIPTION OF TERRITORY SECTION 3. This legislative body hereby determines that the public convenience and necessity requires that the Territory be added to the District and Improvement Area No. 2 and this City Council declares its intention to annex the Territory to the District and Improvement Area No. 2. A description of the boundaries and Territory proposed to be annexed is as follows: All that Territory proposed to be annexed to Improvement Area No. 2, as such property is shown on the Annexation Map, a copy of which is on file in the Office of the City Clerk and shall remain open for public inspection. A general description of the territory included in the District is hereinafter described as follows: All that property and territory as originally included within the District, as such property is shown on the map of the original District as approved by this City Council and designated by the name of the original District. A copy of such map is on file in the Office of the City Clerk and has also been filed in the Office of the County Recorder. NAME SECTION 4. The proposed annexation shall be known and desi=onated as COMMUNITY FACILITIES DISTRICT NO. 0TM (EASTLAKE - WOODS, VISTAS AND LAND SWAP), IMPROVEMENT AREA NO. 2, ANNEXATION MAP NO. 1. SERVICES AUTHORIZED TO BE FINANCED BY THE DISTRiCT SECTION 5. The services that are authorized ~o b_e financed by the District from the proceeds of special taxes levied within Improvement Area No. 2 are certain services which are in addition to those provided in or required for the territory within Improvement Area No. 2 and will not be replacing services already available. A general description of such services to be financed by the District is as follows: The maintenance of (a) wetlands and landscaped areas within the public rights-of-ways and other public easements throughout the District and (b) facilities that are directly related to storm water quality control throughout the District The District shall finance all direct, administrative and incidental annual costs and expenses necessary to provide the such monitoring, maintenance, operation and management of such public property. The same types of services which are authorized to be financed by the District from the proceeds of special taxes levied within Improvement Area No. 2 are the types of services to be provided in the Territory. If and to the extent possible such services shall be provided in common within the District and the Territory. SPECIAL TAXES SECTION 6. It is the further intention of this City Council body that, except where funds are otherwise available, a special tax sufficient to pay for such services and related incidental expenses authorized by the Community Facilities District Law, secured by recordation of a continuing lien against all non-exempt real property in the Territory, will be levied annually within the boundaries of such Territory. For further particulars as to the rate and method of apportionment of the proposed special tax, reference is made to the attached and incorporated Exhibit A (the "Special Tax Rate"), which sets forth in sufficient detail the method of apportionment to allow each landowner or resident within the proposed Territory to clearly estimate the maximum amount that such person will have to pay. The special tax proposed to be levied within the Territory shall be equal to the special tax levied to pay for the same services in Improvement Area No. 2, except that a higher or lower special tax may be levied within the Territory to the extent that the actual cost of providing the services in the Territory is higher or lower than the cost of providing those services in Improvement Area No. 2. Notwithstanding the foregoing, the special tax may not be levied at a rate which is higher that the maximum special tax authorized to be levied pursuant to the Special Tax Formula. The special taxes herein authorized, to the extent possible, shall be collected in the same manner as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes. Any special taxes that may not be collected on the County tax roll shall be collected through a direct billing procedure by the Treasurer. The maximum special tax rate in Improvement Area No. 2 shall not be increased as a result of the annexation of the Territory to Improvement Area No. 2. PUBLIC HEARING SECTION 7. NOTICE IS GIVEN THAT ON MAY 20, 2003, AT THE HOUR OF 6:00 PM CLOCK P.M., IN THE REGULAR MEETING PLACE OF THE LEGISLATIVE BODY, BEING THE COUNCIL CHAMBERS, 276 FOURTH AVENUE, CHULA VISTA, CALIFORNIA, A PUBLIC HEARING WILL BE HELD WHERE THIS LEGISLATiVE BODY WILL CONSIDER THE AUTHORIZATION FOR THE ANNEXATION OF THE TERRITORY TO THE DISTRICT AND IMPROVEMENT AREA NO. 2, THE PROPOSED METHOD AND APPORTIONMENT OF THE SPECIAL TAX TO BE LEVIED WITHIN THE TERRITORY AND ALL OTHER MATTERS AS SET FORTH IN THIS RESOLUTION OF INTENTION. 3 AT SUCH PUBLIC HEARING, THE TESTIMONY OF ALL INTERESTED PERSONS FOR OR AGAINST THE ANNEXATION OF THE TERRITORY OR THE LEVYING OF SPECIAL T,~XES WITHIN THE TERRITORY WILL BE HEARD. AT SUCH PUBLIC HEARING, PROTESTS AGAINST THE PROPOSED ANNEXATION OF THE TERRITORY, THE LEVY OF SPECIAL TAXES WITHIN THE TERRITORY OR ANY OTHER PROPOSALS CONTAINED IN THIS RESOLUTION MAY BE MADE ORALLy BY ANY INTERESTED PERSON. ANY PROTESTS PERTAINING TO THE REGULARITY OR SUFFICIENCY OF THE PROCEEDINGS SHALL BE iN WRITING AND SHALL CLEARLY SET FORTH THE lY, KEGULARITIES OR DEFECTS TO WHICH OBJECTION IS MADE. ALL WRITTEN PROTESTS SHALL BE FILED WITH THE CITY CLERK PRIOR TO THE TIME FIXED FOR THE PUBLIC HEARING. WRITTEN PROTESTS MAY BE WITHDKAWN AT ANY TIME BEFORE THE CONCLUSION OF THE PUBLIC HEARING. MAJORITY PROTEST SECTION 8. If(a) 50% or more of the registered voters, or six (6) registered voters, whichever is more, residing within the District, (b) 50% or more of the registered voters, or six (6) registered voters, whichever is more, residing within the Territory, (c) owners of one-half or more of the area o£Iand in the territory included in the District, or (d) owners of one-half or more of thc area of land in the territory included in the Territory, file written protests against the proposed annexation of the Territory to the District in the future and such protests are not withdrawn so as to reduce the protests to less than a majority, no further proceedings shall be undertaken for a period of one year from the date of the decision by the City Council on the issued discussed at the public hearing. ELECTION SECTION 9. Upon the conclusion of the public hearing, if the legislative body determines to proceed with the annexation, a proposition shall be submitted to the qualified electors of the proposed annexed area. The vote shall be by registered voters within the proposed annexed area; hoxvever, if there are less than 12 registered voters, the vote shall be by landoxvners, with each landowner having one vote per acre or portion thereof within the Territo~. 4 NOTICE : SECTION 10. Notice of the time and place of the public hearing shall be given by the City Clerk by publication in the legally designated newspaper of general circulation, said publication pursuant to Section 6061 of the Government Code, with said publication to be completed at least seven (7) days prior to the date set for the public heating. PREPARED BY: APPROVED AS TO FORM BY: Clifford Swanson Anne Moore Director of Engineering Services City Attorney J:Attome3;,Reso\CFD\CFD 07M Intention ITEM TITLE: SUBMITTED BY: REVIEWED BY: COUNCIL AGENDA STATEMENT Item ~ Meeting Date: 4/15/03 Resolution Approving the Final Map of Chula Vista Tract No. 01-09, Eastlake III Woods Neighborhoods WR-2, WR-5, and a portion of WR-4; accepting on behalf of the public various public streets, all as granted on said map within said subdivision; accepting on behalf of the City of Chula Vista certain public easements, all as granted on said map within said subdivision; and acknowledging on behalf of the City of Chula Vista the Irrevocable Offer of Dedication for open space lots granted on said map within said subdivision. B) Resolution Approving a Subdivision Improvement Agreement for Chula Vista Tract No. 01-09, Eastlake III Woods Neighborhoods WR-2 and WR-5 for the completion of improvements required by said Subdivision. and authorizing the Mayor to execute said Agreement. c) Resolution Approving a Supplemental Subdivision Improvement Agreement requiring Eastlake Company, LLC to comply with certain unfulfilled conditions of Resolution No. 2001- 269 for Chula Vista Tract No. 01-09, Eastlake Ill Woods Neighborhoods WR-2 and WR-5, and authorizing the Mayor to execute said Agreement. D) Resolution Approving the First Amendment to the Subdivision Improvement Agreement for Chula Vista Tract No. 01- 09, Eastlake m Woods Neighborhood WR~4 to revise the legal description of said Subdivision, and authorizing the Mayor to execute said Amendment E) Resolution Approving the First Amendment to the Supplemental Subdivision Improvement Agreement for Chula Vista Tract No. 01-09, Eastlake m Woods Neighborhood WR-4 to revise the legal description of said Subdivision, and authorizing the Mayor to execute said Amendment. F) Resolution Approving the Grant of Easements and Maintenance Agreement for Chula Vista Tract No. 01-09, Eastlake llI Woods and Vistas, and authorizing the Mayor to execute said Agreement. Director of Engineering ~(/ City Managed5 (4/5ths Vote: Yes No X) Page 2, Item Meeting Date: 4/15/03 On August 14, 2001, by Resolution 2001-269, City Council approved the Tentative Subdivision Map for Chula Vista Tract No. 01-09, Eastlake I]1 Woods and Vistas. The Final Map for Woods Neighborhoods WR-2, WR-5, and a portion of WR-4 and associated agreements are now before Council for consideration and approval. It should be noted that the subject map will remap 15 existing lots created by Map No. 14394 (Eastlake 1II Neighborhood WR-4 map) previously approved by Council Resolution No. 2002-131. This remapping is needed to reflect minor adjustments to the property lines of said 15 lots required by changes on the final grading of this area. Therefore, Council will also consider approving Amendments to the existing Subdivision Improvement Agreement and Supplemental Subdivision Improvement Agreement for Woods Neighborhood WR-4 (previously approved by Council Resolutions No. 2002-131 and 2002-132 respectively) for revising the legal description of said subdivision. Tonight, Council will also be considering the approval of the Grant of Easements and Maintenance Agreement, which sets forth specific obligations and responsibilities for the maintenance by the Eastlake III Master Homeowners Association of certain landscaping improvements and facilities located within public right-of-ways and easements within the entire Eastlake III Woods and Vistas project. RECOMMENDATION: That Council adopt the resolutions approving: (A) The Final Map for Woods Neighborhoods WR-2, WR-5, and a portion of WR-4; (B) The Subdivision Improvement Agreement and Supplemental Subdivision Improvement Agreement for Eastlake III Woods Neighborhoods WR-2 and WR-5, and authorizing the Mayor to execute said Agreements; (C) The First Amendments to the Subdivision Improvement Agreement and the Supplemental Subdivision Improvement Agreement for Eastlake III Woods Neighborhood WR-4, and authorizing the Mayor to execute said Amendments; and (D) The Grant of Easements and Maintenance Agreement for Chula Vista Tract No. 01-09, Eastlake iii Woods and Vistas, and authorizing the Mayor to execute said Agreement. BOARD/COMMISSIONS RECOMMENDATIONS: Not Applicable DISCUSSION: Final Map and Associated Improvement Aereements Eastlake llI Woods Neighborhoods WR-2, WR-5, and a portion of WR-4 is generally located east of Hunte Parkway and north of Otay Lakes Road (see Exhibit 1). The final map consists of the following: Final Map Woods Neighborhoods WR-2, WR-5, and a portion yWR-4 Number of Residential Lots Number of Lots for Open Total Space, Public Utilities/Public Uses Acreage 143 6 62.239 acres A plat for the subject final map is presented in Exhibit 2. Page 3, Item Meeting Date: 4/15/03 The final map for the subdivision has been reviewed by the Department of Public Works and Department of Planning & Building and has been found in substantial conformance with the approved Tentative Map. All the applicable fees have been already paid by the developer. Approval of the maps constitutes acceptance by the City of all storm drain and access, sewer and access, assignable and irrevocable general utility, and pedestrian access easements within the subdivision. Approval of the final map also constitutes acceptance, on behalf of the public, of the following streets: Woods Neighborhoods WR-2, WR-5, and a portion of WR4 DEDICATED STREETS Chesapeake Place, Chesapeake Court, Adirondack Place, Camphor Court, Silver Oak Court, Silver Oak Place, Sutter Ridge Drive, Sutter Ridge Court, Sutter Ridge Way, and Shenandoah Drive Since the open space lots "A", "B", "C", "D", "E", & "F" will be maintained by the Eastlake In Homeowners' Association, the City is only acknowledging the offer of dedication of said lots on the Final Map. Approval of the map, therefore, does not constitute acceptance of the Open Space Lots. However, Section 7050 of the Government Code of the State of California provides that an offer of dedication shall remain open and subject to future acceptance by the City. The developer has already executed the following agreements: Subdivision Improvement Agreement for Woods Neighborhoods WR-2 and WR-5 and has provided bonds to guarantee construction of the required improvements and to guarantee the subdivision monumentation. Supplemental Subdivision Improvement Am:eement for Woods Neighborhoods WR-2 and WR-5 in order to satisfy conditions of approval Nos. 1, 2, 5, 6, 11, 12, 18, 24, 30, 38, 41, 68, 70, 71, 76, 98, 99, 100, 101,105,106, 107, 108, 109, 110, 117, 121,124, 134, 137, 151,159, 160, 161,162, 165,166, 167, 168,169, 170, 171,172, 177 of the Eastlake Ill Tentative Map. First Amendment to Subdivision Improvement A~reement for Woods Neighborhood WR-4 for revising the legal description of said Subdivision (Attachment A), in order to reflect the new configurations of 15 lots within Neighborhood WR-4. First Amendment to Supplemental Subdivision Improvement Agreement for Woods Neighborhood WR-4 for revising the legal description of said Subdivision (Attachment B), in order to reflect the new configurations of 15 lots within Neighborhood WR-4. Grant of Easements and Maintenance Agreement for the entire Eastlake 11I Woods and Vistas (Attachment C) setting forth the developer's obligation to maintain certain landscaping improvements and facilities within public right-of-way and easements. The obligation will be assigned to the Master Homeowner's association after the landscaping has been established and turned over to the MHOA for maintenance. The agreements have been reviewed by staffand are ready for Council approval. The City Attorney has already approved the agreements as to form. Page 4, Item Meeting Date: 4/1.5/03 FISCAL IMPACT: None to the General Fund. All staffcosts associated with processing of the improvement plans, final maps and associated agreements will be reimbursed from the developer's deposits. Attachments: 1: Location of Woods Neighborhoods WR-2, WR-5, and a portion of WR-4 2: Plat- Woods Neighborhoods WR-2, WR-5, and a portion of WR-4 Final Map 3: Developer's Disclosure Statement Also attached: First Amendment to Subdivision Improvement Agreement for Neighborhood WR-4 First Amendment to Supplemental Subdivision Improvement Agreement for Neighborhood WR-4 Grant of Easements & Maintenance Agreement for the Woods and Vistas Subdivision Improvement Agreement for Neighborhoods WR-2 and WR-5 Supplemental Subdivision Improvement Agreement for Neighborhoods WR-2 and WR-5 J:\Engineer\LAN DD EVXProj ects\Eastlake Ill~Woods\WR-2&5\CASFMN2,5.doc Ote¥ ~eserVO~r VR-1 \ Lower Ot~, Y Reservoir VR-3 EXHIBIT~ CHU~A VISTA TRACT NO. 01-09 EAST~AK£ III - WO00S H£1GHBORHOOOS WR-Z, WR-~, AND POR. WR-4 03/,,25/03 FRI 17:23 FAX 819 691 5171 CHULA VISTA ENGINEERING City of Chula Vista Disclosure Statement EXHIBIT EastLake III Woods WR-2, WR-5 and a Portion of Neighborhood 4 ~002 Pursuant to Council Policy l 01-01, 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: 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. The EasCLake Company, LLC J. G. Boswell If any person* identified pursuant to (1) above is a corporation or parmersbip, list thc. names of all individuals with a $2000 investment in the business (corporation/partnership) entity. J. G. Boswell If any person* identified pursuant to (1) above is a non-profit organization or tmsL list the names of any person serving as director of the uon-profit organization or as trustee or beneficiary or trustor of the trust. N/A Please identify every person, including any agents, employees, consultants, or independent contractors you have assigned to represent you before the City in this matter. Curt Smith The EastLake Company, LLC Bill Ostrem The EastLake Company, LLC Randy Safino SB&O, Inc. Nick DeLorenzo DeLorenzo Incorporated Paul Elliot Geotechnics Incorporated Has any person* associated with this contract had any financial dealings with an official~ofthe City of Chula Vista as it relates to aais contract within the past 12 months. Yes No ,/ 03/28/03 FRI 17:24 FAX 619 691 5171 CHULA VISTA ENGINEERING City of Chula Vista Disclosure Statement If Yes, briefly describe the nature of the financial interest the official** may have in this contract. ~]003 6. Have you made a contxibution of more fi)an $250 within the past twelve (12) months to a current member of the Chula Vista City Council? No ,/Yes __ If yes, which Council member? Have you provided more than $340 (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 somee of income, money to retire a legal debt, gift, loan, ctc.) Yes __ No x/ ' 9 If Yes, which official** and what was the nature of item promded. Date: Th/~.E~astLake Company, LLC Curt Smith Print or type name of Contractor/Applicant Person is defined as: any individual, firm, co-parmership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other coUnty, city, municipality, district, or other political subdivision, -or any other group or combination acting as a unit. Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board, commission, or committee of the City, employee, or staffmembers. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING FINAL MAP OF CHULA VISTA TRACT NO. 01-09, EASTLAKE III WOODS NEIGHBORHOOD WR-2, WR-5 AND A PORTION OF WR-4; ACCEPTING ON BEHALF OF THE PUBLIC THE VARIOUS PUBLIC STREETS AND ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA CERTAIN EASEMENTS, ALL AS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION; ACKNOWLEDGING ON BEHALF OF THE CITY OF CHULA VISTA THE IRREVOCABLE OFFER OF DEDICATION FOR OPEN SPACE LOTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby finds that that certain map survey entitled Chula Vista Tract No. 01- 09, EastLake III Woods, Neighborhood WR-2, WR-5 and a portion of WR-4, particularly described as follows: Being a subdivision of a portion of the unsurveyed remainder parcel of Parcel Map No. 17677 filed in the Office of the County Recorder April 4, 1966 as File No. 1996-0174537, together with a portion of the unsurveyed remainder of Parcel of Parcel Map No. 17874, filed in the Office of the County recorded July 3, 1997 as File No. 1997-0316060 of official records, all within the Rancho Janal according to Map No. 989 in the City of Chula Vista, County of San Diego, State of California, together with Lots ! through 15 inclusive of Chula Vista Tract No. 01- 09, Eastlake III Woods, Neighborhood WR-4 Map No. 14394, filed in the Office of the County Recorder May 16, 2002. Area: 62.239 Acres Numbered Lots: 143 No. of Lots: 149 Lettered Lots: 6 is made in the manner and form prescribed by law and conforms to the surrounding surveys; and that said map and subdivision of land shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the public the public streets, to-wit: Chesapeake Place, Chesapeake Court, Adirondack Place, Camphor Court, Silver Oak Court, Silver Oak Place, Sutter Ridge Drive, Sutter Ridge Court, Sutter Ridge Way and Shenandoah Drive all as shown on this map within this Subdivision, and said streets are hereby declared to be public streets and dedicated to the public use all as shown on Woods Neighborhood WR-2, WR-5 and a portion of WR-4 map within said subdivision. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the City of Chula Vista the sewer and storm drain, pedestrian access and assignable and irrevocable general utility and access easements, all as shown on Woods Neighborhood WR-2, WR-5 and a portion of WR-4 map within said subdivision. BE IT FURTHER RESOLVED that said Council hereby acknowledges on behalf of the City of Chula Vista the Irrevocable Offer of Dedication of Fee Interest of Lots "A", "B", "C", "D", "E", and "F", for open space and other public purposes all as shown on Woods Neighborhood WR-2, WR-5 and a portion of WR-4 map within said subdivision. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map, and that said public streets are accepted on behalf of the public as therefore stated and that the Irrevocable Offer of Dedication of the fee interest of said lots be acknowledged, and that those certain easements as granted on Woods Neighborhood WR-2, WR-5 and a portion of WR-4 map within said subdivision are accepted on behalf of the City of Chula Vista as hereinabove stated. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to transmit said map to the Clerk of the Board of Supervisors of the County of San Diego. Presented by Approved as to form by Cliff Swanson Director of Engineering Ann Moore City Attorney J:\Atlomey\Reso/Approvmg Final Map 0l 09 RESOLUTION NO. 2003- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROViNG SUBDIVISION IMPROVEMENT AGREEMENT FOR THE CHULA VISTA TRACT NO. 01-09, EASTLAKE III WOODS NEIGHBORHOODS WR-2 AND WR-5 FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDWISION, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the developer has already executed the following: Subdivision Improvement Agreement for Woods Neighborhoods WR-2 and WR-5; and WHEREAS, as provided for in a Subdivision Improvement Agreement, bonds to guarantee construction of the required improvements and to guarantee the subdivision monumentation. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve a Subdivision Improvement Agreement for Chula Vista Tract No. 01- 09, Eastlake III Woods Neighborhoods WR-2 and WR-5 for the completion of improvements required by said Subdivision. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized to execute said Agreement on behalf of the City of Chula Vista. Presented by Approved as to form by Cliff Swanson Director of Engineering City Attorney THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL City Attorney Dated: ~- ~ r 0 ~'~ SUBDIVISION IMPROVEMENT AGREEMENT FOR CVT 01-09 EASTLAKE III WOODS NEIGHBORHOODS WR-2 AND WR-5 FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION Recording Requested by: CITY CLERK When Recorded, Mail to: CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, Ca. 91910 No transfer tax is due as this is a conveyance to a public agency of less than a fee interest for which no cash consideration has been paid or received. Declarant SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this day of ,2003, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and THE EASTLAKE COMPANY, LLC, 900 Lane Avenue, Suite 100, Chula Vista, CA 91914, hereinafter called "Subdivider" with reference to the facts set forth below, which Recitals constitute a part of this Agreement; RECITALS: WHEREAS, Subdivider is about to present to the City Council of the City of Chula Vista for approval and recordation, a final subdivision map of a proposed subdivision, to be known as EASTLAKE III WOODS, NEIGHBORHOODS WR-2 AND WR-5 (CVT 01-09), pursuant to the provisions of the Subdivision Map Act of the State of California, and in compliance with the provisions of Title 18 of the Chula Vista Municipal Code relating to the filing, approval and recordation of subdivision map; and WHEREAS, the Code provides that before said map is finally approved by the Council of the City of Chula Vista, Subdivider must have either installed and completed all of the public improvements and/or land development work required by the Code to be installed in subdivisions before final maps of subdivisions are approved by the Council for purpose of recording in the Office of the County Recorder of San Diego County, or, as an altemative thereto, Subdivider shall enter into an agreement with City, secured by an approved improvement security to insure the performance of said work pursuant to the requirements of Title 18 of the Chula Vista Municipal Code, agreeing to install and complete, free of liens at Subdivider's own expense, all of the public improvements and/or land development work required in said subdivision within a definite period of time prescribed by said Council; and WHEREAS, Subdivider is willing in consideration of the approval and recordation of said map by the Council, to enter into this agreement wherein it is provided that Subdivider will install and complete, at Subdivider's own expense, all the public improvement work required by City in connection with the proposed subdivision and will deliver to City improvement securities as approved by the City Attomey; and WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to certain requirements and conditions, as contained in Resolution No. 2001-269, approved on the 14th day of August, 2001 ("Tentative Map Resolution"); and WHEREAS, complete plans and specifications for the construction, installation and completion of said public improvement work have been prepared and submitted to the City Engineer, as shown on Drawing Nos. 02121-01 through 02121-13 inclusive, on file in the office of the City Engineer; and WHEREAS, an estimate of the cost of constructing said public improvements according to said plans and specifications has been submitted and approved by the City in the amount of TWO MILLION SIX HUNDRED SEVENTY THOUSAND DOLLARS AND NO CENTS ($2,670,000.00). NOW, THEREFORE, 1T IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: 1. Subdivider, for itself and his successors in interest, an obligation the burden of which encumbers and runs with the land, agrees to comply with all of the terms, conditions and requirements of the Tentative Map Resolution; to do and perform or cause to be done and performed, at its own expense, without cost to City, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the City Engineer, all of the public improvement and/or land development work required to be done in and adjoining said subdivision, including the improvements described in the above Recitals ("Improvement Work"); and will furnish the necessary materials therefor, all in strict conformity and in accordance with the plans and specifications, which documents have heretofore been filed in the Office of the City Engineer and as described in the above Recitals this reference are incorporated herein and made a part hereof. 2. It is expressly understood and agreed that all monuments have been or will be installed within thirty (30) days after the completion and acceptance of the Improvement Work, and that Subdivider has installed or will install temporary street name signs if permanent street name signs have not been installed. 3. It is expressly understood and agreed that Subdivider will cause all necessary materials to be furnished and all Improvement Work required under the provisions of this contract to be done on or before the second anniversary date of Council approval of the Subdivision Improvement Agreement. 4. It is understood and agreed that Subdivider will perform said Improvement Work as set forth hereinabove, or that portion of said Improvement Work serving any buildings or structures ready for occupancy in said subdivision, prior to the issuance of any certificate of clearance for utility connections for said buildings or structures in said subdivision, and such certificate shall not be issued until the City Engineer has certified in writing the completion of said public improvements or the portion thereof serving said building or slxuctures approved by the City; provided, however, that the improvement security shall not be required to cover the provisions of this paragraph. 5. It is expressly understood and agreed to by Subdivider that, in the performance of said Improvement Work, Subdivider will conform to and abide by all of the provisions of the ordinances of the City of Chula Vista, and the laws of the State of Califomia applicable to said work. 6. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of TWO MILLION SIX HUNDRED SEVENTY THOUSAND DOLLARS AND NO CENTS ($2,670,000.00) which security shall guarantee the faithful performance of this contract by Subdivider and is attached hereto, marked Exhibit "A" and made a part hereof. 7. Subdivider further agrees to furnish and deliver to the City of Chula Vista simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of ONE MILLION THREE HUNDRED THIRTY-FIVE THOUSAND DOLLARS AND NO CENTS ($1,335,000.00) to secure the payment of material and labor in connection with the installation of said public improvements, which security is attached hereto, marked Exhibit "B" and made a part hereof and the bond amounts as contained in Exhibit "B", and made a part hereof. 8. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of ONE MILLION THREE HUNDRED THIRTY-FIVE THOUSAND DOLLARS AND NO CENTS ($1,335,000.00) to secure the installation of monuments, which security is attached hereto, marked Exhibit "C" and made a part hereof. 9. It is further agreed that if the Improvement Work is not completed within the time agreed herein, the sums provided by said improvement securities may be used by City for the completion of the Improvement Work within said subdivision in accordance with such specifications herein contained or referred, or at the option of the City, as are approved by the City Council at the time of engaging the work to be performed. Upon certification of completion by the City Engineer and acceptance of said work by City, and after certification by the Director of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the terms of the improvement security. Subdivider agrees to pay to the City any difference between the total costs incurred to perform the work, including design and administration of construction (including a reasonable allocation of overhead), and any proceeds from the improvement security. 10. It is also expressly agreed and understood by the parties hereto that in no case will the City of Chula Vista, or any depattment, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefor, except to the limits established by the approved improvement security in accordance with the requirements of the State Subdivision Map Act and the provisions of Title 18 of the Chula Vista Municipal Code. 11. It is further understood and agreed by Subdivider that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by City in connection with the approval of the Improvement Work plans and installation of Improvement Work hereinabove provided for, and the cost of street signs and street trees as required by City and approved by the City Engineer shall be paid by Subdivider, and that Subdivider shall deposit, prior to recordation of the Final Map, with City a sum of money sufficient to cover said cost. 12. It is understood and agreed that until such time as all Improvement Work is fully completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and any damage to, the streets, alleys, easements, water and sewer lines within the proposed subdivision. It is further understood and agreed that Subdivider shall guarantee all public improvements for a period of one year from date of final acceptance and correct any and all defects or deficiencies arising during said period as a result of the acts or omission of Subdivider, its agents or employees in the performance of this agreement, and that upon acceptance of the work by City, Subdivider shall grant to City, by appropriate conveyance, the public improvements constructed pursuant to this agreement; provided, however, that said acceptance shall not constitute a waiver of defects by City as set forth hereinabove. 13. It is understood and agreed that City, as indemnitee, or any officer or employee thereof, shall not be liable for any injury to person or property occasioned by reason of the acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement. Subdivider further agrees to protect and hold the City, its officers and employees, harmless from any and all claims, demands, causes of action, liability or loss of any sort, because of or arising out of acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement; provided, however, that the approved improvement security shall not be required to cover the provisions of this paragraph. Such indemnification and agreement to hold harmless shall extend to damages to adjacent or downstream properties or the taking of property from owners of such adjacent or downstream properties as a result of the construction of said subdivision and the public improvements as provided herein. It shall also extend to damages resulting from diversion of waters, change in the volume of flow, modification of the velocity of the water, erosion or siltation, or the modification of the point of discharge as the result of the construction and maintenance of drainage systems. The approval of plans providing for any or all of these conditions shall not constitute the assumption by City of any responsibility for such damage or taking, nor shall City, by said approval, be an insurer or surety for the construction of the subdivision pursuant to said approved improvement plans. The provisions of this paragraph shall become effective upon the execution of this agreement and shall remain in full fome and effect for ten (10) years following the acceptance by the City of the improvements. 14. Subdivider agrees to defend, indemnify, and hold harmless the City or its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory agency, appeal board, or legislative body conceming a subdivision, which action is brought within the time period provided for in Section 66499.37 of the Government Code of the State of California. 15. Assignability. Upon request of the Subdivider, any or all on-site duties and obligations set forth herein may be assigned to Subdivider's successor in interest if the City Manager in his/her sole discretion determines that such an assignment will not adversely affect the City's interest. The City Manager in his/her sole discretion may, if such assignment is requested, permit a substitution of securities by the successor in interest in place and stead of the original securities described herein so long as such substituted securities meet the criteria for security as set forth elsewhere in this Agreement. Such assignment will be in a form approved by the City Attorney. -5- IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA THE EASTLAKE COMPANY, LLC Mayor of the City of Chula Vista ATTEST City Clerk Approved as to form by City Attorney (Attach Notary Acknowledgment) -6- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Sa]:1 SS, san mego County On April 1, 2003 beforeme, De~liSe M. SmfLth, Notary l:~bli, c personally appeared Ctl'r't Sm:J. th a.]ld Deb:i 1~J.:i.ngner [] personally known to me ~ proved to me on the basis of satisfactory evidence tO be the perso~)whose namq~)is(~) subscribed to the within inst~ent and acknowledged to me that he/~xecuted the same in his/he, heir) authorized capacity~:) and that""~y his/her~[~) signature~.)on the instrument the person(s.} 9[ the entity'~pon behalf of which the person~ acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this foi771 iD another document. Description of Attached DocumentC.V'. 1;'~.e No. East~.ake III Woods Neighborhoods WE-2 & WR-5 Title orType of Document: Subdivision T-~rovement Agreement for thc Final .MaD Chula Vista Tract 01-09 Document Dat~: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: [] Individual [] Coq)orate Officer--Title(s): E) Partner-- [] Limited [] General [] Attorney-in-Fact [] Trustee [] Guardian or Conservator [] Other: Top of thumb here Signer Is Representing: LIST OF EXHIBITS Exhibit "A" Exhibit "B" Exhibit "C" Improvement Security - Faithful Performance Form: Bond Amount: $1,335,000.00 Improvement Security - Material and Labor: Form: Bond Amount: $1,335,000.00 Total Bonding: $2,670,000.00 Improvement Security - Monuments: Form: Bond Amount: $89,000.00 Securities approved as to form and amount by Improvement Completion Date: City Attorney Two (2) years from date of City Council approval of the Subdivision Improvement Agreement. J:~Attorney\SIA\EastLake Ill Woods WR-2, WR-5 -7- File 0.:~-~00"1~ · BOND FOR FAITHFUL PI~RIrORIVIANCE Bon~ No.: io~o~ ~ ~o Be Used Wi~ Subdivisio~ ~mv~m~ A~) . ' ~: s~8.69o, o0 WHEREAS, th= City Council of th,- City of Chula Vista, County of ~ Di~o. State of Cs/[for~ ~nd THE EASTLAKE COMPANY, LLC (herc~r~i~r "Principal") hay= ~mtemd into a Subdivision Imp, o.mme~t Agrr. zment O~.tm/nd~er xef-=nr~l. to as "A~m=cmcnf') whc~by Pnucipoi nl~:es m install ,,.d complutc ~ {lr.~i~mated public ~rnprovemcnt. s, which said Agrccrucnt, dated . 20 .....and identified aa project EASTLAKE WOODS WR-2 AND WR-5 . iS hereby re£cr~d to ami made a pan h~cof: and, WHER. F-kS, said Principal i~ requi~d under the terms of s,,;d Ag~-ern~nt m furnish f~th~ p~fo,.,~cc ofa~d A~e~unt. NOW ~E~FO~ we, ~c P~ipal and T~S ~SU~TY ~ S~TY COMPANY OF ~ERI~ , a ~n of ~ S~ of ~d Mr ~ benefit of ~y ~d all pe~o~ who m~y suffer ~sgm by bm~ *THOUS~D ~D 00/~00 The Suruty hereby stipulates and agrees that no change, ~"~ammiou of hmo, almrafion or addition ro the terms of the Agreement or to the work lo lac imr~'-named lh~-x~der or th= spm:ifir, ations accompanying the same shall in any mmm= ~ect it~ obliptimm o~ this bond, and it ~es he. ruby waive aoticc of any such change, e-xtcnaion of time., altoratiou or ;,,4'%_tioll m th= t~ma of the Agru~nent or to the work or to the speciflcatiolal. Lq addition to the acts bonded for pumuant to lhe Agruemcnt incorporated above, the following acts a~d purformanccs arc additiouall¥ subject ia ~ tern~ of tiffs bond. IN WITNESS WHEREOF, this in~u-umcm has been duly executed by the Pxbu¢ipal and Surety above named, on FEBRUARY 26 .20 0~. /~,ur t Smith f V,~ce ~=esident~- Debi Klin~er Vice President 104039216 Bond/Policy No TRAVELERS CASUALTY AND SURETY Name of Su~ Cu~p~ny DENISE EBY, AT~0RNEY-IN-FACT P.O. BOX 1840 Ad~ss of Su~ Company GLENDALE, CA 91209-1840 S~ Zip Code ABOYE-SIGNATOR/ES MUST RE NOTARIZED APPROVED AS TO FOKM: HAHOME'm--NGINEERkLANDDEV~Forms-OfficmI~Bond~Bond Fai~ Pcrf w~[h SIA.do[ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California '~ ss. County of Sa.~ Diego On February 27, 2003beforeme' Denise M. Smith, Notary Publi, c personally appeared Curt Smith amd Debi Klimg~er [] personally known to me ~ proved to me on the basis of satisfactory evidence to be the persor~)whose nam~i~) subscribed to the within insentient and acknowledged to me that he/~,~.,~.~.)executed the sam~..e.~ in his/hel~t~he'~ authorized capacit ieR[j.e~.~ and that by signatur~l on the instrument the persor~.,..~, the entity upon behalf of which the perso s~4[~p acted, executed the instrument. WITNESS my hand and official seal OPTIONAL Though the intormatk~n below is not required by I~w, it may prove valuabl~ to persons ra/ying on tile document and could l~event fraudulent removal and reattachmenl of this form to another document, Descriction of Attached Document EastT. ake III Woods WR-2 & WR-5 Title or Type of Document:Bo~.d For Faithf~ul l~erfo~c~a.~ce Bond No. 104039216 Issued in Triplicate Document Date: Number of Pages:_ Signer{s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: [] Individual [] Corporate OfficerZ--Title(s): [] Partner-- [] Limited [] General [] Attorney-in. Fact [] Trustee [] Guardian or Conservator ~ Other: Signer is Representing: CALIFORNIA ALL-PURPuSE ACKNOWLEDGEMENT State of California Los Angeles On February 26, 2003 before me, Corinne g Hernandez, Notary Public , Name and Title of Officer (e,g., 'Jane Doe1 Notary Public') personally appeared Denise Eby Name(s) o[ Signer(s) [] personally known to me -OR- [] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/herAheir 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. ...................................... OPTIONAL ....................................... Though the information below is not required by law. tt may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document . ~.Title orType of Document: Performance Bond Document Date: February 26, 2003 Number of Pages: Two (2) Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Denise Eby Signer's Name: [] Individual [] Individual [] Corporate Officer [] Corporate Officer [] Titles(s): [] Title(s): [] Partner-[] Limited [] General [] Partner-[] Limited [] Attorney-in-Fact [] Attorney-in-Fact [] Trustee [] Trustee [] Guardian or Conservator ~ [] Guardian or Conservator [] Other: TopofThumbhere [] Other: [] General Top et Thumb here Signer Is Representing: Travelers Casualty and Surety Company of America Signer Is Representing: TRAVELE..R_,,S CASUALTY AND SURETY COlVI~AIVY OF, ..A~I~RICA T · VELERS CASUALTY ~ SmUtTY COM~ '~ FARlVI[NGTON CASTYAL'I'Y CO~vIP~N']{ Hartford, Connecticut 06183°9062 POWER OF ATTORNEY AND CERTHrICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE .PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COIVIPANY and FARMINGTON CASUALTY CO1VEPANY, corporations dui3' organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, Count3.' of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Scott Graver, Leilani Jacobsou, Dirk T. l)e (}raw, Robert Torres, lViaria Lulsa Chu~, Denise Eby, Andrea Natlsch, Catherine Phillips, Corinne L tlernandez, Vaaessa Settle, Noel Ackerson, of Glendale, California, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following iustrumeut(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity., and other writings obligatory in the nature of a bond, recognizance, or conditional underlying and an)' and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as tithe same were signed by the duly authorized officers of the Companies, and all the acts of said AUomey(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President. any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant .qecretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, reco~i~-~anes, contracts of indemnity, and other writings obligatory in thc uaturc of a bond, reco~izance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke thc power given him or her. That thc Chairman, thc President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President . delegate ali or any part of'he/bragGing authority to one or more officers or employees of thls Company, provided that each such delegation is in xmting and a cop)' thcrcol'is filed in the office ofthe Secretary. VO'ITD: That any bond, recegtfizanee, contract of indemnity, er writing obligatory ia the nature of a bond, recognize, nee, or conditional undcrtakiug shall be valid and binding upon the Company when (a) signed by the President, any Vice Chah'man, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one ur more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or' by one or mere Company officers pursuant to e written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of thc following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMlaANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: That thc signature of each of the following officers: President, any Executive Vice Pr~idant, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Aasi~tunt Secretaries or Attorneys-in-Fact for parposes only of execnting and attesting hands and undertakings and other writings obligatoq, in the nature thereof, and any such power of at'~mey or certificate bearing sttch facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by sdch facsimile signature and facsimile seal shall be valid and binding upon the Company in the famre with respect to any bond or nndertaking to wkich it is attached. l~l WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMJPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President and their corporate seals to be hereto affixed this 29th day of October, 2002. STATE OF CONNECTICUT }SS. Hartford COU'NTY OF HARTFORD TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMI/qGTON CASUALTY COMPANY George W. Thompson Senior Vice President On this 29th day of October, 2002 before me personally came GEORGE W. THOMI~SON to me known, who, being by me duly sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AIVI~RICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations described in and which executed the above instmraent; that he/she knows the seals of said corporations; that the seals affixed to the said instmmeat are such corporate seals; and that he/she executed the said instrument on behalf of the co~porations by authority of his/her office under the Standdng Resolutions thereof. My commission expires June 30, 2006 Notary Public Marie C. Tetreault CERTIFICATE I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMI~ANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remal~ in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the CeFdficate of Authority. are now in force. Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this 26 FEBRUARY ,20 03 day of Kori M. Johanson Assistant Secretary, Bond Travelers IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE On November 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the "Act"). The Act establishes a short-term program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on your premium. Under the Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act. The Act further provides that the Federal Government will pay a share of such losses. Specifically, the Federal Government will pay 90% of the amount of covered losses caused by'certain acts of terrorism which is in excess of Travelers' statutodly established deductible for that year. The Act also caps the amount of terrorism- related losses for which the Federal Government or an insurer can be responsible at $100,000,000,000.00, provided that the insurer has met its deductible. Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted). Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded in your overall premium, and is no more than one percent of your premium. BOND FOR MATERIAL AND LABOR File No.: ~ ~- 00"] W Bond No.:~3.~,~,.~ l:h-el~um: $3.8 r690.00 EX'~.CUT~D 'tN ~HP,.~E (3) PARTS WI-[ERP-AS, the City Council oft]~ City of Chula Vista. County of Ran Diego, Stato of Califorru~, arid THE EASTLA~KE COMPANY, LLC ~=re/na/~r "Ptim:ipal") here e~t~v.d into a Subdivision Impr~ve.m~t Aft~cement (horclna~er refim'~d to as "a~r~cm,-nt'9 whereby Principal a~ccs to install and complctc ~ designated public improvements, which said Alpcement, dated . 20 , and idcntificd ~s project -EA__STLAKE WOODS WR-2 AND WR-5 is hereby referred to and ma~c a part hereof; and, WHEREAS. under thc terms of said AR~ccrncn% Principal is ~ bc~om en~g upon perfo~ance of~ wo~, ~ file a Eood ~ su~cicut pa~t bond wi~ ~e ~W aftra Vis~ ~ sec~ ~ cl~ms to w~ch m~ ~ ~ ~ TiQ~ 15 (~c~ ~ S~fi~ 3082), P~ 4, Di~alon 3, of~c Civil Cods of ~ S~tu of C~do~. NOW THEREFORE, said Principal and TRAV~rr,ERS CASUAr, TY AND SURETY COMPANY OF AMERICA · a coxporaziou ~ the sst,. uf ~ CONNECTI CUT . (hereinafter "Sut'cty"), arc held and fnmly bound unto ,.he City of Chula Vista, a mtmicipeJ corporation (hctcinaf~r "City") in the County of San Diego, Sm,,- of California, and all contractor~, subcontracts's, laborers, material, mca and other persons ~,,ployed in th~ p~formance of thc aforesaid Ag~cmen~ and referred to in the aforesaid Code of Civil Proc=lu~ in ~he sum of ?W0 MILL-IOW. ~vY Wi'l'l,ln]~n .q~l~.wq'¥ ~'WOi'I~I-~D dolla~, ($2.670 ,o00 .aa '], }aw~"-ill money of United States, for maU:ri~s' ~}i-0i".labor th~-xeon of any kind,:or..for Sm~mts'Huc ululer ill,- Unemployment lnsorancc Ac~ vath rcapec! lo such work or labor, that'said Sul~"ty will pay tho same in an remount not cxcecding thc amuunt h~einabovc set foxth, and also in c~mc suit is brought upon lhis bcr~, pay, in addition to thc face muouut th,-~:o£, cns~ and r~asonablc exl:am~cs and irc''', iriciudilmg reasonable attorney's fee,-, incurred by City i~ mucc~'_ ~fully c-n£orcini?uch obligaUau, to hc awarded and fixed by tim court, and to be mx,-d as case and to be mclud,-d in -,he judgru~u~ therein rendered. It ~s he. by expressly stipulated and agreed thai tim bond shill inure to thc benefit of any and all persons, companies and corporations entitled to file claims under Title 1 $ (commencing with Santion 3082), lan~ 4, Division ~. of thc Civil Code. so n~ to give a zig, hi of a~ion to them or their assigns in any' suit brough! upon this bond. Should tl~ co~diuon of this bond be ~ully performed, then this obligation shall become null and void, otherva~, it shall bc and remain m ~ force and effect. Thc Surety hereby stipulates and a~recs that no ehsngc, cxmnsion of time, alteration or addition to thc terms of the Ag:~:em~nt or to the work to be. pcnq:)rm=i th=eunder or th~ specifications accompanying thc same shall in any manner affect its obligations on thi~ bond, and it docs hereby waive n~fice of any such chan~c, exmnsion of tirr~, alteration or addition to th,' tem~ of the Agreement or to the work or to thc spccificaciona. IN WITNESS WHEKEOF, this msUument has bc~n duly executed by the Principal and ~amty above ~am~ on FEBRUARY 26 .20 03 THE EASTLAKE COMPANY, LLC - rt Smith e Preside~ Debi Klingner Vice President 104039216 Bon~Pohcy No TRAVELERS dASUALTY AND SURETY COMPANY OF AMERICA DENISE EBY, ~TORNEY-IN-FACT P.O. BOX 1840 Addreas of Surety Company GLENDALE, CA 91209-1840 City Zip Cod~ ABOVE-SIGNATORIES MUST BE NOTAPdZED APPROVED AS TO FORNI: H'%HO ME'%EN(3 [N~ R%L AN D DS V~O~$ .O F Fl CI~%%~ ON D SlRON O MAI'ER/Al. & I-anOR WITR glA.DOC CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California '~ ss. County of San Diego On FebrUary 27, personally appearad 2003 bef0reme. Denise M. Smith, Notary Public Curt Smith and Debi KLingner [3 personally known to me j~ proved to me on the basis of satisfactory evidence to be the persorl~)whose nam~)is~) subscribed to the within ins,,t.~l~ent and acknowledged to me that he/sh~..~f,[~executed the sa~[3e,,, in his/hel~.~ authodze~..~L, capacit~ and that by his/he h,~,,.~.~J signatur~[~/on the instrument the persorf~ ~ the entity upon behalf of which the persor~.~..~ acted, executed the instrument, WITNESS my hand and official seal OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and rea~tachment of this form to another document. Description of Attached Document EastLake III Woods WR-2 & ~'R-5 '~tle or Type of Document: Bo'rtd FOT 'i~r~-r--i.~'l ~.nR ]'.abor Bond No. 104039216 Issued in Triplicate Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: [] Individual [] Corporate Officer -- Title(s): [] Partner-- [] Limited E] General [] Attorney-in-Fact ~] Trustee [] Guardian or Conservator [] Other: Yep et thumb here ' Signer Is Representing: LCALIFORNIA ALL-PURpUSE ACKNOWLEDGEMENT ~tate of California County of Los Angeles On February26, 2003 before me, Corinne L Hemandez, Notary Public Name and Title oi' Officer (e.g., 'Jane Doe, Notaw Public') personally appeared Denise Eby 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 name(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, ................................... OPTIONAL ...... Though the informaUon below is not required by law, ~t may prove valuable to persons relying on the document and could prevent fraudulent removal and rea~achrnellt of this form to another document. Description of Attached Document ype (~f Document: Matedal and Labor Document Date: February 26, 2003 Number of Pages: Two (2) Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Denise Eby Signer's Name: [] Individual [] Corporate Officer [] Titles(s): [] Partner-[] Limited [] General [] Attomey-imFact [] Trustee [] Guardian or Conservator [] Other: Top of Thumb here [] Individual [] Corporate Officer [] Title(s): [] Partner-[] Limited [] Attorney-in-Fact [] Trustee [] Guardian or Conservator [] Other: [] General Top of Thumb here Signer Is Representing: Travelers Casualty and Surety Company of America Signer Is Representing: 3'31 BD-1133 09/00 . ' TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TP-~YELER$ CASUALTY AND SURETY COMP.,*--J FARMINGTON CASUALTY COMJ~ANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-EN'-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY' and FARMll~IGTON CASUALTY COMPANY, corporations duly organiz, ed under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connucticut, (hereinafter the "Companies") hath mane, constituted and appointed, and do by these presents make, constitute and appoint; Scott Grovcr, Leilani Jacubson, Dirk T. De Grow, Robert Torres, Maria Luisa Chua, Denise Eby, Andrea Natisch, Catherine Phillips, Corinne L. Hcrnandez, Vanessa Settle, Noel Ackerson, of Glendale, California. their true and lawful Attomey(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity., and other writings obligato~ in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the authori~ herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chairman. any Executive Vice Pre~idant, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secrete~ or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf' of` the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature o f a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such ~ ~ppointem and revoke the power given him or her. i}!'FED: That the Chairman thc President, an), Vice Chamnan, any Executive Vice President, any Senior Vice President or any Vice President 'ffiay delegate ail or any part of the loregomg anthonty to one or more officers or employees of this Company, promded that each such delegatmn ~s in writing and a cop) thereof is filed in the office of the Secretary. VOTED: That an). bond, recogntzance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, uny Vice Chairman. any Executive Vice President, any Senior Vice President or any Vice President, an), Second Vice President. the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by u Secretary or Assistant Secretary, or (b) duly executed (under semi, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or bv one or more Company officers pursuant to a ~witten delegation of anthohty. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COi~PANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VO'iW.D: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice Prasiclent, any Vice Presidont, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Remidant Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or cerlificate bearing such facsimile si~.ature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and lacs/mile seal shall be valid and binding upon the Company in the future with respect to any bond or undertuking to x~fiich it is attached. IN WITNESS WI]LEREOF, TRAVELERS CASUALTY AND SURETY COM2PANY OF AI~ERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President and their corporate seals to be hereto affixed this 29th day of October, 2002. STATE OF COlqlxTECTICUT }SS. Hartford COUNTY OF HARTFORD TRAVELERS CASUALTY AND SURETY COMPANY OF AMXRICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTOi~/CASUALTY COMPANY George W. Thompson Senior Vice President On this 29th day of October, 2002 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sw0m, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASIJALTY AND SURETY COMPANY and FARMINGTON CASUALTY COiVI~ANY, the corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof. e My commission expires June 30, 2006 Notary Public Marie C. Tetreault CERTIFICATE I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMIiNGTON CASUALTY COMPANY, stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority, are now in force. Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this 26 day of FEBRUARY ,20 03 eec By Kori M. Johanson Assistant Secretary, Bond IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE On November 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the "Act"). The Act establishes a short-term program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on your premium. Under the Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act. The Act further provides that the Federal Government will pay a share of such losses. Specifically, the Federal Govemment will pay 90% of the amount of covered losses caused by certain acts of terrorism which is in excess of Travelers' statutorily established deductible for that year. The Act also caps the amount of terrorism- related losses for which the Federal Government or an insurer can be responsible at $100,000,000,000.00, provided that the insurer has met its deductible. Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted).. Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded in your overall premium, and is no more than one percent of your premium. LET IT BE K. NO%IrN BY THESE PRESENTS, that THE EASTLAKE COMPANY, LLC as the subdivider (hcrei~at~r "Pnnc~pal"), and T~LERS CASUALTY AND SURETY C~O~V n~ CO~eC~TCr~m (hcrcma~r "S~c~"). ~c hcl/ ~d fi~ly bo~d ~to ~e Ci~ of ~ul~ Vista, a mumc~pal cabochon (h:mina~cr "Ci~"), in ~: Co~ of S~ Di:Eo, 5m~ of Califoma, and to and for ~e benefit of any ~d all p~so~ wha may suff. r ~ma~e by r~son breach of ~c conditions hereof, m ~c pe~al sum of RTGHmY-~TN~ m~nTmn~ a~n nn/~nn do~ars ($ aq,flon.nn ) money of thc Um~ Stoma, to be paid ~ Ci~. WHEREAS, Prm¢ipal is presently engaged tn subdividing certain lands Io be known as WOODS I',LE'rGH'BORHOOD.q I'~R-2. WR-5 AND POR'I!Ti'~N OF _ subdiv/smn m the City of Chula Vista; and, WHEP..EAS, Principal and Cxry have entered i_q£o a SubdivLsion Improvement Agreement approved by CLty Cotmcfl Resolution No. (hereinafter referred to as "Agreement') whereby Prmclpal agrees lo install durable sua'vcy monuments for said subdivision, whmb said Agrcemen£, dated 20 .., and identified as project , i~ hereby referred to and made a pan hereof; and, W/-IEKEAS, Pnncipal desires ro not L,'atall durable survey monumcnts prior to thc recordation of the final map of the subdivision and desires to Install same at a later date, NOW. THEREFOR.E, the condition of the above obligation la that if Pzincipal shall have mstaKcd durable monuments of the survey by m accordance with the /'real map of *md subdivmon, a copy of which saId roaD is hereby mad~ and same is incorporated herein ~ though scl forth m full, and according to the ordinances of thc City of Chula Vista in ~1l force and effect ar the t:me of th~ giving of this bond, on or before the expiration of thing (30) comecutive ~ys following completion and acceptance of public tmprovement~ within said subdivision a~ specified tn said Agreement, then the obligslion shall be void, otherwise to be a~d remain in full force and effect: As part of the obligation secured hereby and in addition to the face amount speeffied therefor, there shall bc included costs and reasonable expcnscs and fees, and including reasonable attorney's fees, incurred by City in successfully enforcing such obhgatlotx, all to be taxed as costs and included in any judgment rendered IN WITNESS WHEKEOF. this instrument has been duly executed by thc Principal and Surety above named, on MARCH 4 ,20. 03 THE EASTLAKE COMPANY, LLC (F',, ~Cur t Smith ice President Debi Klingner Vice President 104051120 Bond/Policy No. TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Name of Surety Company DENISE ~B~, ~TORNEY-IN-FACT 700 N. CENTRAL AVE., SUITE 800 Address of Surety Company GLENDALE, CA 91202 City Sram Zip Code ABOVE-SIGNATORIES NI'UST BE NOTARIZED APPROVED AS TO FORaM: C~ty ~ofaey t~ l ~Eng,nee~LANDDHV%F~rms -Otl~¢~mi~Boncis'\Bo~d Mon~mentl.doe CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California '~ ss. County of S~D Diego On March 6, personally appeared 2003 bef0rems, Denise M. Smith, Notary Publ$c Curt Smith and Debi Klin~mer [] personally known to me ~ proved to me on the basis of satisfactory evidence tO be the persol~') whose nam~ is~ subscribed to the within inst~ent and acknowledged to me that he/s t.~ta~xecuted the sam~ in his/herftheir >--authorized capacit~ and that~6-~y IYIs/he~ signatura(s~on the instrument the perso~s~, o_fr entity bp"'~ on behalf of which the perso'~"~. the acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL Though Ihs information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment ol lhis form to another document. Description of Attached Document EastLake III Woods WR-2, WR-5 and Portion of Neighborhood T~tle or Type of Document:~l?r~y N'n'n'rm~'l- 'r-n~f-~l 1 ~'l--i n~ Rc~nc] Bond ~]o. 104051120 Executed in ~riplicate DocumentDate:'M'm'~r-l'~ 4~ ?00~, NumberofPages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: [] Individual E~ Corporate Officer-- Title(s): [] Partner--E3 Limited [] General D Attorney-in-Fact iD Trustee E3 Guardian or Conservator [] Other: Signer Is Representing: CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Los Angeles · ~ LOS Angeles County On March 4, 2003 before me, Corinne L. Hernandez, Notary Public Name and Title of Officer (e.g., "Jane Doe, Nolai7 Pubiic~ personally appeared Denise Eby Name(s) o1' Signer(s) [] personally known to me -OR- [] proved to me on the basis of satisfactory evidence to be the person(s) whose name(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. cz' Signatur~ Notary Public ............... OPTIONAL ..................... Though the thforrne~ion below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reaffachment of this form to another document, Description of Attached Document Title or Type of Document: Survey Monument Installation Bond Document Date: March 4, 2003 Number of Pages: Two (2) Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Denise Eby Signer's Name: [] Individual [] Corporate Officer [] Titles(s): [] Partner-[] Limited [] General [] Attorney-in-Fact [] Trustee [] Guardian or Conservator [] Other: Top of Thumb here [] Individual [] Corporate Officer [] Title(s): [] Partner-[] Limited [] Attorney-in-Fact [] Trustee [] Guardian or Conservator [] Other: [] General Top of Thumb here Signer Is Representing: Travelers Casualty and Surety Company of America Signer Is Representing: 8D-1133 09/00 TRAVELERS CASUALTY AND sURETY COMPA.~Y OF AMERICA 'JTRAVELI~RS CASUALTY AND SURETY COMPA.NY FARMI~GTON CASUALTY COMEANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERI'I~'ICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY 'I'~d. ESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly orgzni?ed under the laws of thc State of Connecticut, and having their principal offices in the City of Hartford. County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Scott Grover, Dave M. Weller, Lellani Jacobson, Marci Hayes, Dirk T. De Graw, Robert Torres, Maria-inisa Chun, Denise Eby, Tracey Lawrence, Andrea Nafisch, Catherine Phillips, Corinne L. Heraandez, lVL A. Urban, of Glendale, California, their true and lawful Attomey(s)-in-Fact~ with full power and authority hereby conferred to sig~, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recug~i:,~nces, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were sig~ed by the duly authorized officers of the Companies, and all the acts of said Attomey(s)-in-Fact, pursuant to the authority herein given, a~e hereby ratified and confirmed. This appointment is made nnder and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the Prasident, any Vice Chairman. any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Tressuxer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as ins or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemmty, and other writings obligatory in the nature of a bond, reco~i~mnce, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such VOTED: That the Chairman. the President. any Vice Chairman, any Executive Vice President. any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is fried in the office of the Secretary. VOTED: That any bond, recogn~?.nce, contra~t of indemnity, or writing obligatory in the nature of a bond, reco~i?ance, or conditional undertaking shall be vatid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Atturneys-in-Fa~t and Agents pursuant to thc power prescribed in his or her ce~ificate or theh' certificates of authority or by one or more Company officers p~t to a x~-it~n delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (meehanicai or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and *,he seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undecffeskings and other writings obligatory in the nature thereof, and any such power of attorney or ce~"dficate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall bo valid and binding upon the Company in the future with respect to an), bond or undertaking to wtfich it is attached. IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY CO1VEPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President and thch' corporate seals to be hereto affixed this 8th day of June 200 I. STATE OF CONNECTICUT }SS. Hartford COUNTY OF HARTFORD TRAVELERS CASUALTY AND SUllETY COMPANY OF AM~ILICA TRAVELERS CASUALTY AND SURETY COMPANY FARMIMGTON CASUALTY COMPANY George W. Thompson Senior Vice President On this 8th day of June, 2001 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations described in and which executed the above instnnnent; that he/she knows the seals of said corporations; that the seals affixed to the said insmunent are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof. My commission expires December 3t, 2002 Notary Public Carol A. Thompson CEP,'rlIqCATE [, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of the State of Connecticut, DO HEREBY CERTIi~-y that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority, are now in force. Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this 4 t h MARCH ' 2003' day of By Kori M. Johanson Assistant Secretary, Bond RESOLUTION NO. 2003- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT REQUIRING EASTLAKE COMPANY, LLC TO COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF RESOLUTION NO. 2001-269 FOR CHULA VISTA TRACT NO. 01-09, EASTLAKE III WOODS NEIGHBORHOODS WR-2 AND WR-5, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the developer has executed a Supplemental Subdivision Improvement Agreement in order to satisfy unfulfilled conditions of Resolution No. 2001-269 for Chula Vista Tract No. 01-09; and NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve a Supplemental Subdivision Improvement Agreement requiring Eastlake Company, LLC to comply with certain unfulfilled conditions of Resolution No. 2001-269 for Chula Vista Tract No. 01-09, Eastlake iii Woods Neighbgrhoods WR-2 and WR-5, a copy of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized to execute said Agreement on behalf of the City of Chula Vista. Presented by Approved as to form by Cliff Swanson Director of Engineering City Attorney J:~Attorney\Reso\SSIA\Chula Vista Tract 01-09 SSIA 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 Ann Moore City Attorney Dated: SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT REQUIRING EASTLAKE COMPANY, LLC TO COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF RESOLUTION NO. 2001-269 FOR CVT 01-09, EASTLAKE III WOODS NEIGHBORHOODS WR-2 AND WR-5 RECORDING REQUEST BY: City Clerk WHEN RECORDED FLAIL TO: CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA 91910 Above Space for Recorder's Use EW-007F SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR THE FINAL MAP OF EASTLAKE III WOODS, NEIGHBORHOODS WR-2 and WR-5, CHULA VISTA TRACT NO. 01-09 (Conditions 1, 2, 5, 6, 11, 12, 18, 24, 30, 38, 41, 68, 70, 71, 76, 98, 99, 100, 101, 105, 106, 107, 108, 109, 110, 117, 121, 124, 134, 137, 151, 159, 160, 161, 162, 165, 166, 167, 168, 169, 170, 171, 172, 177 of Resolution 2001-269) This Supplemental Subdivision Improvement Agreement ("Agreement") is made this day of , 2003, by and between THE CITY OF CHULA VISTA, California ("City" for recording purposes only) and the signators of this Agreement, EASTI~%KE COMPANY LLC, a California Limited Liability Corporation ("Developer" or "Owner"), with reference to the facts set forth below, which recitals constitute a part of this Agreement: RECITALS A. This Agreement concerns and affects certain real property located in Chula Vista, California, more particularly described on Exhibit "A" attached hereto and incorporated herein ("Property"). The Property is within approved Tentative Subdivision Map Chula Vista Tract 01-09 Eastlake III Woods and Vistas and is commonly known as Eastlake III Woods Neighborhoods WR-2 and WR-5. For purposes of this Agreement the term "Project" shall also mean "Property". B. "Owner" or "Developer" means the person, persons or entity having a legal or an equitable interest in the property or parts thereof and includes Owner's, successors-in-interest and assigns of any property within the boundaries of the Property. D. Developer or Developer's predecessor in interest has applied for and the City has approved Tentative Subdivision Map commonly referred to as Chula Vista Tract 01-09 ("Tentative Subdivision Map" or Tentative Map") for the subdivision of the Property. E. The City has adopted Resolution No. 2001-269 ("Resolution") pursuant to which it has approved the Tentative Subdivision Map subject to certain conditions as more particularly described in the Resolution. F. Developer has requested the City's approval of a final subdivision map for the Property. G. City is willing, on the premises, security, terms and conditions herein contained to approve the Final Map for which Developer has applied as being in substantial conformance with the Tentative Subdivision Map. H. The following defined terms shall have the meaning set forth herein, unless otherwise specifically indicated: a. For purposes of this Agreement, "Final Map" means the final map for Eastlake III Woods Neighborhoods WR-2 and b. "Complete Construction" shall mean that construction of the improvements have completed and have been inspected and accepted by the City. c. "Guest Builder" means those entities obtaining any interest in the Property or a portion of the Property, after the Final Map has been recorded. d. "FSEIR 01-01" means Final Subsequent Environmental Impact Report and first and second addendums thereto. 2 e. "SPA Plan" means the Eastlake III Sectional Planning A~ea Plan as adopted by the City Council on July 17, 2001 pursuant to Resolution No. 2001-220. f. "PFFP" means the Eastlake III Woods & Vistas Public Facilities Financing Plan adopted by Resolution No. 2001-220, and as may be further amended from time to time. g. "Parks Master Plan" means the City-wide Parks Master Plan, subject to future City Council approval. h. "Improvement Plans" means all the onsite and offsite improvements required to serve the lots created by the Final Map, in accordance with improvement plans to be approved by the City. Said improvements shall include, but not limited to, asphalt concrete pavement, base, concrete curb, gutter and sidewalk, sewer, reclaimed and potable water utilities, drainage facilities, street lights, signage, landscaping, irrigation, fencing and fire hydrants. i. "PVR Improvements" means all those improvements deemed necessary by the Director of Engineering to fully construct Proctor Valley Road, extending from the westerly Eastlake III subdivision boundary to Northwoods Drive, to 4- lane Major Streets standards including a traffic signal at the intersection of Northwoods Drive. j. "Resource Agencies" means the U.S. Army Corps of Engineers, California Department of Fish ~and Game, and the United States Fish and Wildlife Services, unless otherwise stated. NOW, THEREFORE, in exchange for the mutual covenants, terms and conditions herein contained, the parties agree as set forth below. 1. Agreement Applicable to Subsequent Owners. a. Agreement Binding Upon Successors. This Agreement shall be binding upon and inure to the benefit of the successors, assigns and interests of the parties as to any or all of the Property as described on Exhibit "A" until released by the mutual 3 consent of the parties. b. Agreement Runs with the Land. The burden of the covenants contained in this Agreement ("Burden") is for the benefit of the Property and the City, its successors and assigns and any successor in interest thereto. City is deemed the beneficiary of such covenants for and in its own right and for the purposes of protecting the interest of the community and other parties public or private, in whose favor and for whose benefit of such covenants running with the land have been provided without regard to whether City has been, remained or are owners of any particular land or interest therein. If such covenants are breached, the City shall have the right to exercise all rights and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach to which it or any other beneficiaries of this agreement and the covenants may be entitled. c. Developer Release on Guest Builder Assignments. If Developer assigns any portion of the Project to a Guest Builder, Developer may request to be released from Developer's obligations under this Agreement, that are expressly assumed by the Guest Builder, provided Developer obtains the prior written consent of the City to such release. Such assignment to the Guest Builder shall, however, be subject to this Agreement and the Burden of this Agreement shall remain a covenant running with the land. The City shall not withhold its consent to any such request for a release so long as the assignee acknowledges that the Burden of the Agreement runs with the land, assumes the obligations of the Developer under this Agreement, and demonstrates, to the satisfaction of the City, its ability to perform its obligations. under this Agreement as it relates to the portion of the Project which is being acquired by the Assignee. d. Partial Release of Developer's Assignees. If Developer assigns any portion of the Project subject to the B~rden of this Agreement, upon request by the Developer or its assignee, the City shall release the assignee of the Burden of this Agreement as to such assigned portion if such portion has complied with the requirements of this Agreement to the satisfaction of the City and such partial release will not, in the opinion of the City, jeopardize the likelihood that the remainder of the Burden will not be completed. e. Release of Individual Lots. Upon the occurrence of any of the following events, Developer shall, upon receipt of the 4 prior written consent of the City Manager (or Manager's designee), have the right to release any lot(s) from Developer's obligation under this Agreement: i. The execution of a purchase agreement for the sale of a residential lot to a buyer of an individual housing unit; ii. The conveyance of a lot to a Homeowner's Association; iii. The conveyance of a school site as identified in the SPA Plan to a school district; The City shall not withhold its consent to such release so long as the City finds in good faith that such release will not jeopardize the City's assurance that the obligations set forth in this Agreement will be performed. At the request of the Developer, the City Manager (or Manager's designee) shall execute an instrument drafted by Developer in a recordable form acceptable to the City Manager (or Manager's designee), which confirms the release of such lot or parcel from the encumbrance of this Agreement. Notwithstanding the foregoing, at the close of an individual homeowner's escrow on any lot or parcel encumbered by this Agreement, such lot or parcel shall be automatically released from the encumbrance hereof. 2. Condition No. 1' (General Preliminary). In satisfaction of Condition 1 of the Resolution, Developer hereby agrees, to comply with all of the terms, covenants and conditions contained herein shall be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Developer as to any or all of the property 3. Condition No. 2 (General Preliminary). In satisfaction of Condition No. 2 of the Resolution, Developer hereby agrees to comply, remain in compliance and implement, the terms, conditions and provisions, as are applicable to the property which is the subject matter of this Tentative Map, of: 1) Eastlake III General Development Plan (GDP); 2) Eastlake III Sectional Planning Area (SPA) Plan; 3) Eastlake III Design Guidelines; 4) Eastlake III Public Facilities Financing Plan; and 5) Eastlake Comprehensive Affordable Housing Program all approved by the City Council on July 17, 2001 by Resolution No. 2001-220 and the Eastlake III Planned Community District Regulation and Land Use Map approved by City Council Ordinance No. 2839 on July 24, 2001. The Developer shall enter into an agreement with the City, providing the City with such security (including recordation of covenants running with the land) and implementation procedures as the City may required to comply with the above regulatory documents. Said Agreement shall also ensure that, after approval of the final map, the developer will continue to comply, remain in compliance, and implement such Plans. 4. Condition No. 5 (General Preliminary). In satisfaction of Condition No. 5 of the Resolution, Developer hereby agrees that if any of the terms, covenants or conditions contained herein shall fail to occur, or if they are, by their terms, to be implemented and maintained over time, and if any of such conditions fail to be so implemented anti. maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, including issuance of building permits; deny, or further condition the subsequent approvals that are derived from the approvals herein granted; and institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The Developer shall be notified ten (10) days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City within a reasonable and diligent time frame. 5. Condition No. 6 (General Preliminary). In satisfaction of Condition No. 6 of the Resolution, Developer hereby agrees to indemnify, protect, defend and hold the City harmless from and against any and all claims, liabilities and costs, including attorney's fees, arising from challenges to FSEIR 01-01 for the Project and/or any or all entitlements and approvals issued by the City in connection with the Project. 6. Condition No. ll (Environmental/Preservation). In satisfaction of Condition 11 of the Resolution, Developer hereby agrees, to implement, to the satisfaction of the Director of Planning and Building, all applicable mitigation measures identified in FSEIR-01-01 and subsequent addendums, the CEQA Findings of Fact and the Mitigation Monitoring and Reporting Program for the Eastlake III Project, in accordance with the requirements, provisions and schedules contained therein, and as further specified in these Tentative Map conditions. Modification of the sequence of mitigation shall be at the discretion of the Director of Planning and Building should changes in circumstances warrant such a revision. If any permits are required to be 6 obtained.by Developer as set forth herein, said permits with applicable agencies in City. Developer shall obtain consultation with the 7. Condition No. 12 - (Environmental/Preservation). In satisfaction of Condition 12 of the Resolution, Developer hereby agrees, to implement, or cause the implementation of all mitigation measures pertaining to the Project FSEIR 01-01 and subsequent addendums. Any such measures not satisfied by a specific condition of this Resolution or by the project design shall be implemented to the ~atisfaction of the Director of Planning and Building. Mitigation Measures shall be monitored via the Mitigation Monitoring and Reporting Program approved in conjunction with FSEIR-01-01 and subsequent addendums. Modification of the sequence of mitigation shall be at the discretion of the Director of Planning and Building should changes in the circumstances warrant such revision. 8. Condition No. 18 - (Street Trees). In satisfaction of Condition No. 18 of the Resolution, Developer hereby agrees to the following: a. Install all street trees in accordance with Section 18.32.10 of the Chula Vista Municipal Code, the City' s Landscape Manual and approved cross-sections in the Eastlake III SPA plan; or as otherwise approved by the Director of Parks and Recreation and Director of Public Works. b. Provide any and all special installation conditions as requested by the Director of Parks and Recreation for those trees identified in the SPA as having special installation conditions. c. Show street trees on the landscape and irrigation plans for approval by the Director of Parks and Recreation and the Director of Public Works. Approval of the street tre~ improvement plans shall constitute final approval of the species selection of street trees. Location of trees and planters shall be contingent upon the location of street signs. Under no circumstance shall a tree or shrub block the visibility of any street sign, regulatory, warning or guide traffic signs. 9. Condition No 24 (ADA Standards). In satisfaction of Condition 24 of the Resolution Developer hereby agrees to the following: 7 a. To construct sidewalks and pedestrian ramps on all walkways to comply with the "Americans with Disabilities Act" (ADA) standards, as approved by the City Engineer. b. That in the event the Federal Government adopts new ADA standards for street rights-of-way, which are in conflict with the standards and approvals for the Project, all such approvals conflicting with those new standards shall be updated to reflect the new standards. Unless otherwise required by federal law, City ADA standards may be considered vested, as determined by federal regulations, once construction has commenced. 10. Condition No 30 (Proctor Valley Road Construction). In satisfaction of Condition 30 of the Resolution, Developer hereby agrees to the following: (Design and Construction Activities). Developer agrees to pay, at his sole expense, for certain activities deemed necessary by the Director of Engineering to construct the PVR Improvements or a portion thereof to serve the Project. These activities shall include, but are not limited to 1) preparing and obtaining approvals from the City for grading/construction plans for the PVR Improvements, 2) processing and obtaining all the required permits, including but not limited to grading, construction, and environmental permits, 3) constructing the PVR Improvements and implementing any required mitigation measures, and 4) reasonable design, plan checking, construction administration, and inspection of construction activities including a reasonable allocation of overhead (hereinafter collectively referred to as "PVR Construction Activities''). In addition, Developer acknowledges and agrees that the City, at its sole discretion, may retain an outside consultant and/or contractor, or require another developer to complete the PVR Construction Activities rather than requesting Developer to complete the construction. b. (Security for Performance). Developer and the City hereby agree as follows: Concurrent with the approval of this Agreement, the City shall direct Community 8 ii. iii. Facilities District No. 06-1 ("the District") to instruct U.S. Bank National Association, as Fiscal Agent pursuant to the Bond Indenture dated as of December 1, 2002 (the "Bond Indenture"), to (a) establish a subaccount of the Acquisition Account of the Project Fund to be entitled the "Proctor Road Improvement Subaccount" (the "Subaccount") and (b) to transfer $1,000,000 (the "PVR Security") from the Acquisition Account of the Project Fund to the Subaccount to guarantee the PVR Construction Activities. Developer acknowledges and agrees that all funds on deposit in the Subaccount shall be restricted funds and shall not be eligible to be used to pay the purchase price for any other improvement authorized to be acquired pursuant to the Acquisition/Financing Agreement dated as of November 12, 2002 by and between the City and the Developer or for any other purpose except as set forth below. It is expressly agreed and understood by both parties that City may use the PVR Security, as the City may deem appropriate, to pay for the completion of the PVR Construction Activities and/or acquisition of completed portions of the PVR Improvements in the following manner: 1) an amount not to exceed 75% of the PVR Security plus a pro-rata share of any interest earnings shall be used to pay and/or acquire Transportation Development Impact Fee ("TDIF") facilities in accordance with the requirements of the "Eastern Area Development Impact Fees For Streets" program dated August 2002 as may be amended from time to time, and the District, and 2) an amount not to exceed 25% of the PVR Security plus a pro-rata share of any interest earnings shall be used to pay an/or acquire other non-TDIF facilities in accordance with the requirements of the District. Ail interest earnings on the PVR Security shall be retained by the District. Upon certification of completion of the PVR Construction Activities by the Director of 9 Engineering and Director of Planning and Building and acceptance of the PVR Construction Activities by the City, and after certification by the Director of Engineering that all costs thereof are fully paid, the City shall direct the District to notify the Fiscal Agent to transfer any unexpended amount of the PVR Security to the Acquisition Account of the Project Fund and to close the Subaccount. Upon the transfer of such funds, if any, from the Subaccount to the Acquisition Account the restrictions on the use of such funds as established pursuant to this Agreement shall terminate and such funds may be used as permitted in the Bond Indenture. iv. In the event that the PVR Construction Activities are reduced or modified by the City or the PVR Security is replaced by another security and/or funding mechanism approved by the City, the Director of Engineering shall review at Developer's request, a reduction in the amount or type of the PVR Security. The City shall not unreasonably withhold approval of such request provided however that the PVR Construction Activities are adequately secured as determined by the Director of Engineering at his/her sole discretion. In the event that the amount of the PVR Security is reduced the City shall direct the District to notify the Fiscal Agent to transfer an equal amount from the Subaccount to the Acquisition Account of the Project Fund. c. (Developer's Costs and Expenses). It is also expressly agreed and understood by the ~arties hereto that in no case will the City or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall the City or the City's officer, sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefore. 10 11. Condition No 38 (Sight Visibility). In partial satisfaction of Condition 38 of the Resolution, Developer agrees to remove any obstructions within the sight visibility of any traffic signage to the satisfaction of the Director of Engineering. 12. Condition No 41 (Street Name Signs). In satisfaction of Condition 41 of the Resolution, Developer agrees to install permanent street name signs prior to the issuance of the first building permit for the Final Map. 13. Condition No 68 (Impacts to Environmentally Sensitive Areas). In satisfaction of Condition 68 of the Resolution, Developer agrees to avoid indirect impacts on the Otay Tarplant Preserve, Preserve Lands, Salt Creek wetlands, and Otay Lakes. Developer further agrees that fertilizers, herbicides and pesticides shall not be applied to the manufactured slopes along the eastern periphery of the Woods and Vistas parcels that drain to Otay Lakes, or to the manufactured slopes immediately adjacent to Salt Creek. In addition, Developer agrees that potable water shall be used for irrigation on the manufactured slopes along the eastern periphery of the Woods and Vistas parcels that drain to Otay Lakes. 14. Condition No 70 (LOMR Letter). In satisfaction of Condition 70 of the Resolution, Developer agrees that prior to acceptance of the two Woods detention basins and release of the grading bond by the City, Developer shall obtain a Letter of Map Revision (LOMR) from the Federal Emergency Management Agency revising the current National Flood Insurance Program Maps of the Salt Creek Channel to reflect the effect of the Salt Creek drainage improvements 15. Condition No 71 (No Protest of Funding Mechanism). In satisfaction of Condition 71 of the Resolution, Developer agrees not to protest the formation of a financing district or any other funding mechanism as approved by the City for the maintenance of the entire Salt Creek drainage basin. The Developer further agrees to finance the formation of such a district on .a fair share basis. 16. Condition No 76 - (National Pollutant Discharge Elimination System). In satisfaction of Condition 76 of the Resolution, the Developer agrees to comply with all 11 applicable regulations established by the United States Environmental Protection Agency (USEPA), as set forth in the National Pollutant Discharge Elimination System (NPDES), permit requirements for urban runoff and storm water discharge, the Clean Water Act, and any regulations adopted by the City of Chula Vista, pursuant to the NPDES regulations or requirements. Further, the Developer shall file a Notice of Intent with the State Water Resources Control Board to obtain coverage under the NPDES General Permit for Storm Water Discharges Associated with Construction Activity and shall implement a Storm Water Pollution Prevention Plan (SWPPP) concurrent with the commencement of grading activities. The SWPPP shall include both construction and post construction pollution prevention and pollution control measures and shall identify funding mechanisms for post construction control measures. The developer shall comply with all the provisions of the NPDES and the Clean Water Program during and after all phases of the development process, including, but not limited to, mass grading, rough grading, construction of street and landscaping improvements, and construction of dwelling units. The Developer shall design the Project storm drains and other drainage facilities to include Best Management Practices to minimize non-point source pollution, to the satisfaction of the City Engineer. 17. Condition No. 98 - (EncroacD-ment Permit). In satisfaction of Condition No. 98 of the Resolution, Developer hereby agrees to apply and obtain an encroachment permit prior to the installation of private facilities within the public right of way. The Developer shall maintain, in perpetuity, membership in an advance notice such as the USA Dig Alert Service and shall cause any private facilities owned by the Developer to be marked out whenever work is performed in the area, and shall install shutoff devices at those locations. 18. Condition No. 99 (With.hold Building Permits and Hold Harmless). In satisfaction of Condition No. 99 of the Resolution, Developer understands and agrees that the performance of Developer's obligations hereunder is required for the health and safety of the residents of its Project. Therefore Developer agrees: a. That the City may withhold building permits for the subject subdivision if any one of the following occurs: 12 i. Regional development threshold limits set by the East Chula Vista Transportation Phasing Plan, as amended from time to time, have been reached or in order to have the Project comply with the Growth Management Program as may be amended from time to time. ii. Traffic volumes, levels of service, public utilities and/or services either exceed the adopted City threshold standards or fail to comply with then effective Growth Management Ordinance, and Growth Management Program and any amendments thereto. Public utilities shall include, but not be limited to, air quality, drainage, sewer and water. Not be limited to, air quality, drainage, sewer and water. iii. The required public facilities, as identified in the PFFP, or as amended or otherwise conditioned have not been completed or constructed to the satisfaction of the City. The Developer may propose changes in the timing and sequencing of development and the construction of improvements affected. In such case, the PFFP may be amended, as approved by the City's Director of Planning and Building and the Public Works Director. b. That, on the condition that City shall promptly notify the Developer of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense, the Developer shall defend, indemnify, and hold harmless the City, and its agents, officers and employees, from any claim, action or proceeding against the City, or its agents, officers or employees, to attack, set aside, void or annul any approval by the City, including approvals by its Planning Commission, City Council, or any approval by its agents, officers, or employees with regard to this subdivision pursuant to Section 66499.37 of the State Map Act. c. That cable television companies franghised by the City of Chula Vista have equal opportunity to place conduit and provide cable television service for each lot or unit within the Tentative Map area. Developer further agrees to grant, by license or easement, and for the benefit of, and to be enforceable by, the City of Chula vista, conditional access to cable television conduit within the properties situated within the final map only to those cable television companies franchised by the City of Chula Vista, the condition of such grant being that: (i) such access is coordinated with Developer's construction schedule so that it does not delay or impede Developer's construction schedule an~ does not require the trenches to be reopened to accommodate 13 that placement of such conduits; and (ii) any such cable company is and remains in compliance with, and promises to remain in compliance with the terms and conditions of the franchise and with all other rules, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may from time to time be, issued by the City of Chula Vista. Developer hereby conveys to the City of Chula Vista the authority to enforce said covenant by such remedies as the City determines appropriate, including revocation of said grant upon determination by the City of Chula Vista that they have violated the conditions of grant. d. That the City may withhold the issuance of building permits for the Project, should the Developer be determined by the City to be in breach of any of the terms of the Tentative Map Conditions or any Supplemental Agreement. The City shall provide the Developer of notice of such determination and allow the Developer reasonable time to cure said breach. e. That, on the condition that City shall promptly notify the Developer of any claim, action or proceeding, Developer shall defend, indemnify, and hold harmless the City, and its agents, officers and employees, from any claim, action, or proceeding against the City, or its agents, officers or employees, related to erosion, siltation or increased flow of drainage resulting from the Property. City agrees to reasonably cooperate with Developer in the defense of any such action, claim or proceeding. f. That the Developer participate, on a fair share basis, in any deficiency plan or financial program adopted by SANDAG to comply with the Congestion Management Program (CMP). g. To not protest formation of any future regional impact fee program or facilities benefit district to finance the construction of regional facilities described in the~Eastlake III GDP and Eastlake III PFFP. This agreement to not protest the inclusion of these public improvements shall not be deemed a waiver of the right to challenge the amount of any fee, which may be imposed due to these new improvements and shall not interfere with the right of any person to vote in a secret ballot election. 19. Condition No 100 (Previous Agreements). In satisfaction of Condition No. 100 of the Resolution, Developer shall comply with all previous agreements as they pertain to the Project. 14 20. Condition No 101 (Street Sweeping). In satisfaction of Condition No. 101 "of the Resolution, Developer shall contract with the City's current street sweeping franchise, or other server approved by the Director of Public Works to provide street sweeping for each phase of development on a frequency and level of service comparable to that provided for similar areas of the City. Developer further agrees to cause street sweeping to commence immediately after the final residence, in each phase, is occupied and shall continue sweeping until such time that the City has accepted the street, or 60 days after the completion of all punch list items, whichever is shorter. Developer further agrees to provide the City Special Operations Manager with a copy of the memo requesting street sweeping service, which shall include a map of areas to be swept and the date the sweeping will begin. 21. Condition Nos. 105, and 106 (Air Quality Improvement Plan, AQIP) In satisfaction of Conditions No. 105, and 106 Developer hereby agrees to implement the final approved measures and include the measures as part of the Project. The Developer further: 1) agrees to comply and remain in compliance with the AQIP; 2) waives any claim that adoption of the final AQIP constitutes an improper subsequent imposition of the condition; 3) acknowledges that the City Council may, from time-to-time, modify air quality improvement and energy conservation measures related to new development as various technologies and/or programs change or become available; and 4) agrees prior to or concurrent with each Final Map for the Project to modify the AQIP to incorporate those new measures which are in effect at the time. Developer further acknowledges that the new measures shall apply, as applicable, to development within all future final map areas, but shall not be retroactive to those areas which receive final subject new measures. 22. Condition Nos. Plan, WCP) map approval prior to e~fect of the 107, 108, and 109 - (Water Conservation In satisfaction of Conditions No. 107, 108, and 109 Developer hereby agrees to implement the final approved measures and include the measures as part of the Project. The Developer further: 1) agrees to comply and remain in compliance with the WCP; 2) waives any claim that the adoption of a final WCP constitutes an improper subsequent imposition of the condition; 3) acknowledges that 15 the City Council may, from time-to-time, modify water conservation measures related to new development as various technologies and/or programs change or become available; and 4) agrees prior to or concurrent with each final map for the Project to modify the WCP to incorporate those new measures, which are in effect at the time, Developer further acknowledges that the new measures shall apply to development within all future final map areas, but shall not be retroactive to those areas which received final map approval prior to effect of the subject measures. 23. Condition No 110 (Noise Levels) In satisfaction of Condition No. 110 Developer hereby agrees that prior to issuance of building permits (including model home permits) for the Property, the Developer shall submit a detailed acoustical analysis to the City's Environmental Review Coordinator prepared by a qualified acoustical consultant that demonstrates that the building structure is adequately designed such that second-floor interior noise levels, due to exterior sources, will be at or below the 45 CNEL interior standard. Developer acknowledges and agrees that where exterior noise levels exceed 60 CNEL, additional measures shall be required to be implemented by the Developer to attenuate interior noise to the 45 CNEL standard in compliance with the noise mitigation measures required in the Mitigation Monitoring Reporting Program. 24. Condition No 117 (Open Space Lots). In satisfaction of Condition No. 117 of the Resolution, Developer agrees to have future property owners of lots adjacent to open space lots sign a statement at the time of property purchase, indicating that they are aware and acknowledge that the perimeter walls within open space lots are the property of the Eastlake III HOA, and that they may not modify or supplement the wall, or encroach onto Open Space property~ These restrictions shall also be reflected in the CC&R's that are recorded against each property. 25. Condition No 121 (Thematic Fencing). In partial satisfaction of Condition No. 121, Developer agrees to construct a thematic fencing along the perimeter of the elementary and middle school exposed to public right-of-way and open space to the satisfaction of the Director of Building and Park Construction. 16 26. Condition No 124 - (P-1 access). In partial satisfaction of Condition No. 124 of the Resolution, Developer agrees to construct an all weather access -road on the park site to the satisfaction of the Fire Marshal and Chief of Police and at no cost to the City, upon request from the Director of Building and Park and Recreation. 27. Condition No 134 (Landscape Improvements). In satisfaction of Condition No. 134, Developer agrees to prepare, submit and obtain the approval of the Director of Engineering and the Director of Building and Parks Construction, for open space, parkway, medians and trails landscape and irrigation plans. Ail plans shall be prepared in accordance with the current Chula Vista Landscape Manual and the SPA. Developer shall install all improvements in accordance with approved plans to the satisfaction of the Director of Parks and Recreation. 28. Condition No 137 (Street Trees). In satisfaction of Condition No. 137 of the Resolution, Developer agrees to immediately relocate, at its sole expense, the necessary above and/or underground utilities to accommodate the required street trees within the street tree planting easement if determined necessary by the Director of Parks and Recreation or the City Engineer. 29. Condition 151 (Transit Stop Stations). In partial satisfaction of Condition No. 151 of the Resolution, Developer agrees to the following: a. Developer hereby agrees to construct ADA wheelchair accessible concrete (10 feet X 25 feet) pads for eighteen (18) transit stop stations at those locations set forth in the PFFP along several public streets within the Project to the satisfaction of the Director of Engineering ("Transit Stop Pads"). In addition, Developer agrees to complete construction of said Transit Stop Pads in conjunction with the construction of the improvement for the related streets. Developer will construct and secure that transit stop station improvement required by the PFFP at the commercial retail parcel C-1 in conjunction with the development of said commercial site and upon request of the Director of Engineering. b. Concurrent with the approval of this Agreement, Developer shall provide City with a cash payment in the 17 amount of $11,700 ("Cash Payment") to cover the cost of construction of the stop poles, signs, benches, and trash bins (hereinafter referred to as ("Transit Stop Facilities") for the aforementioned eighteen transit stop stations. It is expressly agreed and understood by Developer that City, at its sole discretion, may use the Cash Payment to pay for the construction of the Transit Stop Facilities by City or its designee. c. It is understood and agreed by both parties that completion of the construction of the Transit Stop Pads together with the provision of the Cash Payment will fully satisfy Developer's obligation to construct said eighteen (18) transit stop stations located along the public streets of the Project. 30. Condition No. 159. (Fire ~ydrants). In satisfaction of Condition No. 159 of the Resolution, Developer shall provide fire hydrants every 500 ft. for single-family residential units and every 300 ft. for multi-family residential units. Developer agrees that all hydrants shall be operable prior to delivery of combustible building materials, and minimum 20 ft. wide, all-weather fire access roads shall be in compliance with the U.F.C. or an alternative approved by the City's Fire Marshal shall be provided. 31. Condition No. 160. - (Sprinkler Systems). In satisfaction of Condition No. 160 of the Resolution, Developer agrees to provide sprinkler systems in all homes that are on flag lots where any portion of exterior wall of first story is located more than 150 ft. from Fire Department access or as measured by local jurisdiction to the satisfaction of the City's Fire Marshall. 32. Condition No. 161. (Fire Access). In saCisfaction of Condition No. 161 of the Resolution, Developer agrees to provide, prior to issuance of the first building permit for the Project, a 20 foot wide hard surface access road and required fire hydrants with required water pressure to the satisfaction of the Fire Marshal. 33. Condition No. 162. (Fire Station Fee). In satisfaction of Condition No. 162 of the Resolution, Developer shall pay prior to issuance of each building permit Public Facility Fees at the rate in effect at the time building permits are issued. If the Permanent Fire Station 18 has been constructed in Eastlake, the Developer shall be given credit, for costs related to construction of the permanent fire station. 34. Condition No. 165. (Code Requirements). In satisfaction of Condition No. 165 of the Resolution, Developer shall comply with all applicable sections of the Chula Vista Municipal Code including Chapter 15.04 "Grading Ordinance" as amended. Preparation of the Final Map and all plans shall be in accordance with the provisions of the Subdivision Map Act and the City of Chula Vista Subdivision Ordinance and Subdivision Manual. 35. Condition No. 166. - (Underground Utilities). In satisfaction of Condition No. 166 of the Resolution, Developer agrees to underground all utilities within .the subdivision in accordance with Municipal Code requirements to the satisfaction of the City Engineer. 36. Condition No. 167. (Federal, State, and Local regulations). In partial satisfaction of Condition No. 167 of the Resolution, Developer agrees to comply with all relevant Federal, State, and Local regulations, including the Clean Water Act. The developer shall be responsible for providing all required testing and documentation to demonstrate said compliance as required by the City Engineer. 37. Condition No. 168 (Natural ChaD_nels in Open Space). In partial satisfaction of Condition No 168 of the Resolution, Developer agrees to comply with Council Policy No. 522-02 regarding maintenance of natural channels within open spaces. 38. Condition No. 169 - (Watercourse and Floodplain). In partial satisfaction of Condition No 169 of the Resolution, Developer agrees to comply with Chula Vista Municipal code Sections 14.04 to 14.18 and 18.54 as amended for any work proposed within the watercourse and floodplain of Salt Creek. 39. Condition No. 170 (Payment of Fees). In satisfaction of Condition No 170 of the Resolution, Developer agrees to Pay the amount of the following fees in effect at the time of issuance of building permits a. The Transportation and Public Facilities Development Impact Fees; 19 b. Signal Participation Fees; c. Ail applicable sewer fees, including but not limited to sewer connection fees; Interim SR-125 impact fee; Salt Creek Sewer DIF; and Pumped Sewer Fee DIF. 40. Condition No. 171 - (Growth Management). In satisfaction of Condition No 171 of the Resolution, Developer shall comply with Chapter 19.09 of the Chula Vista Municipal Code (Growth Management) as may be amended from time to time by the City. Said chapter includes but is not limited to: threshold standards (19.09.04), public facilities finance plan implementation (19.09.090), and public facilities finance plan amendment procedures (19.09.100). 41. Condition No. 172 Public Facilities). In satisfaction of Condition No 172 of the Resolution, Developer hereby agrees to the following: Install public facilities in accordance with the Eastlake III Public Facilities Finance Plan as may be amended from time to time, or as required by the City Engineer to meet threshold standards adopted by the City of Chula Vista. The City Engineer and Director of Planning & Building may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such a revision. 42. Condition No. 177 -(MHOA). In satisfaction of Condition No. 177 of the Resolution, Developer agrees that future property owners will be notified during escrow, by a document to be initialed by the owners, and approved by the City Engineer and Director of Planning, of the maintenance responsibilities of the MHOA and their estimated annual cost. 43. Satisfaction of Conditions. City agrees that the execution of this Agreement constitutes satisfaction or partial satisfaction of Developer's obligation of Condition Nos. 1, 2, 5, 6, 11, 12, 18, 24, 30, 38, 41, 68, 70, 71, 76, 98, 99, 100, 101, 105, 106, 107, 108, 109, !10, 117, 121, 124, 134, 137, 151, 159, 160, 161, 162, 165, 166, 167, 168, 169, 170, 171, 172, 177 of the Resolution. 44. Unfulfilled Conditions. unless otherwise conditioned, with all unfulfilled conditions 20 Developer hereby agrees, that Developer shall comply of approval of the Tentative Map, established by the Resolution and shall remain in compliance with and implement the terms, conditions and provisions therein. 45. Assignability. Upon request of the Developer, any or all on-site duties and obligations set forth herein may be assigned to Developer's successor in interest if the City Manager in his/her sole discretion determines that such an assignment will not adversely affect the City's interest. The City Manager in his/her sole discretion may, if such an assignment is requested, permit a substitution of securities by the successor in interest in place and stead of the original securities described herein so long as such substituted securities meet the criteria for security as set forth elsewhere in this Agreement. Such assignment will be in a form approved by the City Attorney. 46. Recording. This Agreement, be recorded simultaneously with Map. or an abstract hereof shall the recordation of the Final 47. Building Permits. Developer and Guest Builders acknowledge and agree that the City may withhold the issuance of building permits for the Project, should the Developer be determined by the City to be in breach of any of the terms of this Agreement. The City shall provide the Developer of notice of such determination and allow the Developer with reasonable time to cure said breach. 48. Miscellaneous. a. Notices. Unless otherwise provided in this Agreement or by law, any and all notices required or permitted by this Agreement or by law to be served on or delivered to either party shall be in writing and shall be .deemed duly served, delivered, and received when personally delivered to the party to whom it is directed, or in lieu thereof, when three (3) business days have elapsed following deposit in the U.S. mail, certified or registered mail, return receipt requested, first-class postage prepaid, addressed to the address indicated in this Agreement. A party may change such address for the purpose of this paragraph by giving written notice of such change to the other party. CITY OF CHULA VISTA 276 Fourth Avenue 21 Chula Vista, CA. 91910 Attn: Deputy. Director of Engineering Developer: Eastlake Company, LLC 900 Lane Avenue, Suite 100 Chula Vista, CA 91914 Attn: Curt Smith, Vice President Tel: (619) 421-0127 A party may change such address for the purpose of this paragraph by giving written notice of such change to the other party in the manner provided in this paragraph. b. Captions. Captions in this Agreement are inserted for convenience of reference and do not define, describe or limit the scope or intent of this Agreement or any of its terms. c. Entire Agreement. This Agreement contains the entire agreement between the parties regarding the subject matter hereof. Any prior oral or written representations, agreements, understandings, and/or statements shall be of no force and effect. This Agreement is not intended to supersede or amend any other agreement between the parties unless expressly noted. d. Preparation 0f Agreement. No inference, assumption or presumption shall be drawn from the fact that a party or his attorney prepared and/or drafted this Agreement. It shall be conclusively presumed that both parties participated equally in the preparation and/or drafting this Agreement. ~ e0 Recitals; Attachments. above and exhibits attached hereto are into this Agreement. Any recitals set forth incorporated by reference f. Attorneys' Fees. If either party commences litigation for the judicial interpretation, reformation, enforcement or rescission hereof, the prevailing party will be entitled to a judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred. The 22 "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. [NEXT PAGE IS PAGE ONE OF TWO SIGNATURE PAGES] 23 ONE OF TWO SIGNATURE PAGES TO THE SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR THE FINAL MAP OF EASTLAKE III WOODS NEIGHBORHOODS WR-2 AND WR-5, CHULA VISTA TRACT NO. 01-09] IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first hereinabove set forth. CITY OF CHULA VISTA Stephen C. Padilla Mayor Attest: Susan Bigelow City Clerk Approved as to form: Ann Moore City Attorney [NEXT PAGE IS PAGE TWO OF TWO SIGNATURE PAGES] 24 [PAGE TWO OF TWO SIGNATURE PAGES TO THE SUPPLEMENTAL SUBDIVISION IN~ROVEMENT AGREEMENT FOR ~ THE FINAL MAP OF EASTLAKE III WOODS NEIGHBORHOODS WR-2 AND WR-5, CHULA VISTA TRACT NO. 01-09] DEVELOPER/OWNER: EASTLAKE COMPANY, LLC 900 LANE AVE, SUITE 100 CHULA VISTA, CA 91914 Title: Vice President (Attach Notary Acknowledgment) Debi Klingne~' Tit le: V4oe Pros~dont (Attach Notary Acknowledgment) 25 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California t ss. County of San Die~;o On April 1. 2003 beforeme, Denise M. Smith, Notary lhabli, c pemonally appeared Curt Smith and Debi KlinKner [] personally known to me ~[ proved to me on the basis of satisfactory evidence to be the persor~ whose nam~ is/~) subscribed to the within instrument and acknowledged to me that he/she~executed the same in his/her~ authorize~ capacity~ and that by his/her, l~[~) signature's) on the instrument the person~,~ the entity up-"~ on behalf of which the person(~ acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document C.V. Ei].e No.: EW-007F EastLake III Woods Neighborhoods WR-2 & WR-5 Title or Type of Document . :ouoplemental ~ubdivi~ion Imw~uveme~tL Ag~e- merit for the Fin~l Map Chula Vista Tract. Document Date: _ r~umeer or ~'ages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: [] Individual [] Corporate Officer--Title(s): E3 Partner-- [] Limited [] General [] Affomey-in-Fact [] Trustee [] Guardian or Conservator E? Other: Top of thumb here Signer Is Representing: Exhibit "A" Legal Description of Properly Lots 1 through 128 together with Lots A through F of Chula Vista Tract No. 01-09, Eastlake III Woods, Neighborhoods WR-2 and WR-5, and a portion of WR-4 in the City of Chula Vista, County of San Diego, State of California, according to Map thereof No. , filed in the Office of the County Recorder of San Diego County on ,2003, as File No. of Official Records. J:\Engineer\LANDDEV\Proj ects\Eastlake III~Woods\WR-2&5\WR-2,WR-5 SSIA.doc 26 RESOLUTION NO.2003- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING FIRST AMENDMENT TO THE SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT 01-09, EASTLAKE m WOODS NEIGHBORHOOD WR-4 TO REVISE THE LEGAL DESCRIPTION OF SAD SUBDIVISION, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, City and the EastLake Company previously entered ireD a Subdivision Improvement Agreement which was approved by City Council Resolution 2002-131; and WHEREAS, the developer is remapping a portion of the area covered by the earlier agreement to reflect minor property line adjustments; and WHEREAS, the developer of Chula Vista Tract No. 01-09, EastLake 1II Woods Neighborhood WR-4 has executed a First Amendment to the Subdivision Improvement Agreement (SSIA) in order to revise the legal description of said Subdivision to reflect the remapping; and NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the First Amendment to the Subdivision Improvement Agreement for Chula Vista Tract No. 01-09, Eastlake m Woods Neighborhood WR-4, a copy of which is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized to execute said First Amendment on behalf of the City of Chula Vista. Presented by Approved as to form by Cliff Swanson Director of Engineering Ann Moore City Attomey 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 ~' Ann Moore City Attorney Dated: FIRST AMENDMENT TO THE SUBDIVISION IMPROVEMENT AGREEMENT FOR CVT 01-09 EASTLAKE III WOODS NEIGHBORHOOD WR-4 FOR REVISING THE LEGAL DESCRIPTION OF SAID SUBDIVISION ? Recording Requested by and Please Return to: City Clerk City of Chula Vista P.O. Box 1087 Chula Vista, California 91912 This Instrument Benefits City Only. No Fee Required. This Space for Recorder's Use Only C.V. File No.: EW-007F FIRST AMENDMENT TO THE SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 01-09, EASTLAKE III WOODS, NEIGHBORHOOD WR-4 This First Amendment ("First Amendment") made this April 15, 2003, between the City of Chula Vista ("City"), Continental Residential, Inc. ("Continental"), and the Eastlake Company LLC, a California Limited Liability Corporation ("Eastlake"), is the first amendment to that Agreement approved by Resolution 2002-131 on May 7, 2002, entitled "Subdivision Improvement Agreement" for the Final Map of Chula Vista Tract No. 01-09, Eastlake III Woods, Neighborhood WR-4 between the City and Eastlake and recorded in the San Diego County Recorder's Office as document recorded June 18, 1999 as file no. 1999-0427875 ("Original Agreement"), and is made with reference to the following facts: WHEREAS, on May 7, 2002, by Resolution No. 2002-131, thc City Council approved the Final Map of Chula Vista Tract No. 01-09, Eastlake III Woods, Neighborhood WR~4. Said map was recorded in the Office of the County Recorder of San Diego County on May 16, 2002 as Map No. 14394; and, WHEREAS, according to Grant Deed, recorded as Document No. 2002-0478603 in the Office of the County Recorder of San Diego County on June 5, 2002, Continental is the current owner of Lots 68 through 139 of said Map No. 14394; mhd, WHEREAS, according to Grant Deed, recorded as Document No. 2003-0250368 in the Office of the County Recorder of San Diego County on March 6, 2003, the Sweetwater Union High School District is the current owner of Lot "L" and a portion of Lot "D" of said Map No. 14394 ("SUHSD Property"); and, WHEREAS, Eastlake has requested that Lots 1 through 15 of Map No. 14394, which are currently owned by Eastlake, be resubdivided to reflect certain minor adjustment to their property lines resulting from the final grading of said lots; and, WHEREAS, the City Council approved, on April 15, 2003, the Final Map of Chula Vista Tract No. 01-09, Eastlake III Woods, Neighborhoods WR-2, WR-5, and a portion of WR- 4. Said Final Map includes the resubdivision of the aforementioned Lots 1 through 15 of Map No. 14394; and, WHEREAS, the parties hereto agree that the Original Agreement needs to be amended to (a) include the new legal descriptions for said resubdivided lots within Neighborhood WR-4, and (b) release the SUHSD Property fi:om all the obligations under the Original Agreement; THEREFORE, the parties hereto agree as follows: The SUHSD Property is hereby released fi:om all the obhgations under the Original Agreement in accordance with the provisions of Section lle of said Original Agreement. Exhibit A, Legal Description, shall be deleted and Exhibit A-1 attached hereto shall be substituted in its place and stead. All the other terms and conditions of the Original Agreement, not expressly or indirectly amended by the terms of this First Amendment, shall remain in full force and effect and shall otherwise govern the terms of this First Amendment. NEXT PAGE IS SIGNATURE PAGE 1 OF 3 SIGNATURE PAGE 1 OF 3 TO THE FIRST AMENDMENT TO THE SUBDMSION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 01-09, EASTLAKE III WOODS, NEIGHBORE[OOD WR-4 IN WITNESS WHEREOF, City, Cont'mental, and Eastlake have executed this First Amendment to the Original Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dated: ,2003 City of Chula Vista Attest: by: Stephen C. Padilla, Mayor Susan Bigelow, City Clerk Approved as to form: Ann Moore, City Attorney SIGNATURE PAGE 2 OF 3 TO THE FIRST AMENDMENT TO THE SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 01-09, EASTLAKE III WOODS, NEIGHBORHOOD WR-4 The Eastlake Company, a California Limited Liability Company Curt Smith, Vice President CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Califomia T ss. County of S~n D'Lego On April '2, 2003 beforeme, Denise M. Smith. Notarj Public personally appeared (~rr/- Rm'il-h Rnrl 13ph'{ 'RNtl't--'~'J'~'noo-TtpT Name{s) of E] personally known to me 1~ proved to me on the basis of satisfactory evidence to be the persor~whose nam~,~) subscribed to the within ins/trJJ~ent a~d acknowledged to me that he/,,~ua{~executed the same in his/her~thei~ authoriA.Q,dd capacity~ and that""~ Ifls/her, r,r,r,r,r,r,r,r,r~ signaturq~on the instrument the person~ the entity upon behalf of which the persor~ acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL 7hough the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document EastLake III Woods ~tleorTypeofDocument.~"i-c.qt Am~n~m~'nt to f-h~..q~lhdiv]~n Tmp'r~v~- ment A~reement for Chula Vista Tract 01-09 Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: [] Individual [] Corporate Officer -- ~tle(s): [3 Partner-- [] Limited [] General [] Attorney-in-Fact [] Trustee [] Guardian or Conservator [] Other: Top ol thumb here Signer Is Representing: SIGNATURE PAGE 3 OF 3 TO THE FIRST AMENDMENT TO THE SUBDMSION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 01-09, EASTLAKE III WOODS, NEIGHBORHOOD WR-4 Continental Residential, Inc. Dated: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California }ss. County of San Diego} On April 3, 2003, before me, Ruthann Mercado, Notary Public, personally appeared Gte§ Hastings, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above H:\WORD~nota~, ack'now.doc FIRST AMENDMENT TO THE SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 01-09, EASTLAKE IH WOODS, NEIGHBORHOOD WR-4 Exhibit A-1 Legal Description "Lots 16 through 139 and lots "A" through "C" of City of Chula Vista Tract No. 01-09, Eastlake Woods Neighborhood WR-4 in the City of Chula Vista, County of San Diego, State of California according to the Map thereof No. 14394 filed in the office of the County Recorder on May 16th, 2002; together with lots 129 through 143 of City of Chula Vista Tract No. 01-09, Eastlake Woods Neighborhood WR-2, WR-5, and a portion of WR-4 in the City of Chula Vista, County of San Diego, State of California according to the Map thereof No. filed in the office of the County Recorder on " JSEng/neerLLANDDEV~Projects~astlake IllXWoods\WR-2&5~SSIA Amendment.doc RESOLUTION NO.2003- RESOLUTION OF TIlE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING FIRST AMENDMENT TO THE SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT 01-09, EASTLAKE III WOODS NEIGHBORHOOD WR-4 TO REVISE THE LEGAL DESCRIPTION OF SAID SUBDIVISION, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, City and the EastLake Company previously entered into a Supplemental Subdivision Improvement Agreement which was approved by City Council Resolution 2002-132; and WHEREAS, the developer is remapping a portion of the area covered by the earlier agreement to reflect minor property line adjustments; and WHEREAS, the developer of Chula Vista Tract No. 01-09, EastLake m Woods Neighborhood WR-4 has executed a First Amendment to the Supplemental Subdivision Improvement Agreement in order to revise the legal description of said Subdivision to reflect the remapping; and NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the First Amendment to the Supplemental Subdivision Improvement Agreement for Chula Vista Tract No. 01-09, Eastlake III Woods Neighborhood WR-4, a copy of which is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized to execute said First Amendment on behalf of the City of Chula Vista. Presented by Approved as to form by Cliff Swanson Director of Engineering City Attorney J 5Attomey\Reso~SS[A\l st Amend SSIA 01-09 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL City Attorney Dated: FIRST AMENDMENT TO THE SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CVT 01-09, EASTLAKE III WOODS NEIGHBORHOOD WR-4 TO REVISE THE LEGAL DESCRIPTION OF SAID SUBDIVISION Recording Requested by and Please Return to: City Clerk City of Chula Vista P.O. Box 1087 Chula Vista, California 91912 This Instrument Benefits City Only. No Fee Required. This Space for Recorder's Use Only C.V. File No.: EW-007F FIRST AMENDMENT TO THE SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 01-09, EASTLAKE III WOODS, NEIGHBORItOOD WR-4 This First Amendment ("First Amendment") made this April 15, 2003, between the City of Chula Vista ("City"), Continental Residential, Inc. ("Continental"), and the Eastlake Company LLC, a California Limited Liability Corporation ("Eastlake"), is the first amendment to that Agreement approved by Resolution 2002-132 on May 7, 2002, entitled "Supplemental Subdivision Improvement Agreement" for the Final Map of Chula Vista Tract No. 01-09, Eastlake III Woods, Neighborhood WR-4 between the City and Eastlake and recorded in the San Diego County Recorders Office as document recorded June 18, 1999 as file no. 1999- 0427875 ("Original Agreement"), and is made with reference to the following facts: WHEREAS, on May 7, 2002, by Resolution No. 2002-131, the City Council approved the Final Map of Chula Vista Tract No. 01-09, Eastlake III Woods, Neighborhood WR-4. Said map was recorded in the Office of the County Recorder of San Diego County on May 16, 2002 as Map No. 14394; and, WHEREAS, according to Grant Deed, recorded as Document No. 2002-0478603 in the Office of the County Recorder of San Diego County on June 5, 2002, Continental is the current owner of Lots 68 through 139 of said Map No.14394; and, WHEREAS, according to Grant Deed, recorded as Document No. 2003-0250368 in the Office of the County Recorder of San Diego County on March 6, 2003, the Sweetwater Union High School District is the current owner of Lot "L" and a portion of Lot "D" of said Map No. 14394 ("SUHSD Property"); and, WHEREAS, Eastlake has requested that Lots 1 through 15 of Map No. 14394, which are currently owned by Eastlake, be resubdivided to reflect certain minor adjustment to their property lines resulting from the final grading of said lots; and, WHEREAS, the City Council approved, on April 15, 2003, the Final Map of Chula Vista Tract No. 01-09, Eastlake III Woods, Neighborhoods WR-2, WRy5, and a portion of WR- 4. Said Final Map includes the resubdivision of the aforementioned Lots 1 through 15 of Map No. 14394; and, WHEREAS, the parties hereto agree that the Original Agreement needs to be mended to (a) include the new legal descriptions for said resubdivided lots within Neighborhood WR-4, and (b) release the SUHSD Property from all the obligations under the Original Agreement; THEREFORE, the parties hereto agree as follows: The SUHSD Property is hereby released from all the obligations under the Original Agreement in accordance with the provisions of Section 1.e of said Original Agreement. Exhibit A, Legal Description, shall be deleted and Exhibit A-1 attached hereto shall be substituted in its place and stead. All the other terms and conditions of the Original Agreement, not expressly or indirectly amended by the terms of this First Amendment, shall remain in full force and effect and shall otherwise govern the terms of this First Amendment. NEXT PAGE IS SIGNATURE PAGE 1 OF 3 SIGNATURE PAGE 1 OF 3 TO THE FIRST AMENDMENT TO THE SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 01-09, EASTLAKE III WOODS, NEIGEIBORHOOD WR-4 IN WITNESS WItEREOF, City, Continental, and Eastlake have executed this First Amendment to the Original Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dated: ,2003 City of Chula Vista Attest: by: Stephen C. Padilla, Mayor Susan Bigelow, City Clerk Approved as to form: Ann Moore, City Attorney SIGNATURE PAGE 2 OF 3 TO THE FIRST AMENDMENT TO THE SUPPLEMENTAL SUBDMSION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 01-09, EASTLAKE III WOODS, NEIGHBORHOOD WR-4 The Eastlake Company, a Califorrfia Limited Liability Company By' _r Curt Snuth, Vine President Dated: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Califomia ss. County of Sa.,H Diego On April 2, 2003 beforeme, Den'i~e H. R'm'Jt-h__No'l-~z-9. P~b'H,c personally appeared Curt Smith and Debi Roth-Klin~ner [] personally known to me ~ proved to me on the basis of satisfactory evidence to be the persor~whose nam~ subscribed to the within instrun~ent and acknowledged to me that he/s~..e(~texecuted the same in his/her,~..~ authorized capacit~ and that by his/he_=,.=,.=,.=,.=,.=,~ signatur s~[~on the instrument the perso~.~or the entity upon behalf of which the person) acted, executed the instrument. WITNESS my hand and official seal. $igP, a~ur e of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document EastLake III Woods (WR-4) Title or Type of Document:~ir.ql- Amen~'menl- to t'he ,~t~pplerne~t'a] division Improvement Agreement Chula Vista Tract 01-09 Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: [] Individual [] Corporate Officer -- '~tle(s): [] Partner--[] Limited [] General [] Attorney-in-Fact [] Trustee [] Guardian or Conservator [] Other: Top of thumb here Signer Is Representing: SIGNATURE PAGE 3 OF 3 TO THE FIRST AMENDMENT TO THE SUPPLEMENTAL SUBDMSION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 01-09, EASTLAKE HI WOODS, NEIGHBORHOOD WR-4 Continental Residential, Inc. Dated: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California }ss. County of San Diego} On April 3, 2003, before me, Ruthann Mercado, Notary Public, personally appeared Greg Hastings, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Rdt~hann Mercado, Notary Public Place Notary Seal Above H:\WORD~olary acknow.doc 7 ?~ Grading Permit~ 01-GP-139 ~ FIRST AMENDMENT TO THE SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 01-09, EASTLAKE HI WOODS, NEIGHBORHOOD WR-4 Exhibit A-1 Legal Description "Lots 16 through 139 and lots "A" through "C" of City of Chula Vista Tract No. 01-09, Eastlake Woods Neighborhood WR-4 in the City of Chula Vista, County of San Diego, State of California according to the Map thereof No. 14394 filed in the office of the County Recorder on May 16th, 2002; together with lots 129 through 143 of City of Chula Vista Tract No. 01-09, Eastlake Woods Neighborhood WR-2, WR-5, and a portion of WR-4 in the City of Chula Vista, County of San Diego, State of California according to the Map thereof No. filed in the office of the County Recorder on " J:~Enginecr\LANDDEVL°rojects~Eastlak¢ III~Woods\WR-2&5~SSIA Amendment.doc RESOLUTION NO. 2003- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT FOR CHULA VISTA TRACT NO. 01-09, EASTLAKE III WOODS AND VISTAS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, it is the developer's obligation to maintain certain landscaping improvements and facilities within the public right-of-way and easements; and WHEREAS, the obligation will be assigned to the Master Homeowner's association after the landscaping has been established. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve a grant of easements and maintenance agreement for Chula Vista Tract No. 01-09, Eastlake II! Woods and Vistas, establishing specific obligations and responsibilities for the maintenance by the Eastlake III Master Homeowners Association of certain landscaping improvements and facilities located within public right-of-ways and easements, a copy of which shall be kept on file in the Office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute said Agreement on behalf of the City of Chula Vista. Presented by Approved as to form by Cliff Swanson Director of Engineering City Attorney .I;\A'I' FO RN EY\RESO\EAS EM ENTS\T RACT NO. 01-09 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 Ann Moore City Attorney Dated: GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT FOR CVT 01-09 EASTLAKE III WOODS AND VISTAS Recording Requested by and ]>lease Return to: City Clerk City of Chula Vista P.O. Box 1087 Chula Vista, California 91912 This Instrument Benefits City Only. No Fee Required This Space for Recorder's Use Only C.V. File No.: EW-007F GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT (DEDICATED EASEMENTS) This GRANT OF EASEMENTS AND MAINTENANCE AGP,.EEMENT ("Agreefnent") is made as of this __ day of ,2003, by and between the CITY OF CHULA VISTA, a municipal corporation ("City"), and THE EASTLAKE COMPANY, LLC, a Calitbrnia limited liability company ("EASTLAKE"). RECITALS A. This Agreement concerns and affects certain improvements within portions of the real property located in Chula Vista, California, more partic~.darly described in Exhibit "A" attached hereto and incorporated herein ("Property"). The Property is part of a planned residential development project commonly lmown as EastLake III Woods and Vistas, Chula Vista Tract No. 01-09, being the subject of the City Council Resolmion No. 2001-269 (the "City Resolution"). For purposes of this Agreement, the term "Project" shall refer to the overall EastLake III Woods and Vistas project, including, bm not limited to the "Property." B. EASTLAKE is the Declarant under that certain Master Declaration of Restrictions For EastLake III recorded in the Official Records of San Diego County, California on November 19, 1999 as instrument No. 1999-0770401 (the "Master Declaration"). The Master Declm'ation provides for EASTLAKE 1II COMMUNITY ASSOCIATION, a California Nonprofit Mutual Benefit Corporation ("MHOA") to maintain certain m*eas in the Project. Furthermore, one or more sub-associations may be formed ("SHOA") for a particulm' project(s) within the Project, the purposes of which would include the maintenm~ce of certain amenities within the Project over which the SHOA has jurisdiction. C. The Property is or will become covered by the certain final map(s) (the "Final Maps") described on Exhibit "A" attached hereto and referenced in the title to this Agreement. D. In order for EASTLAKE to obtain the Final Maps and for the City to have assm'ance that the maintenance of certain areas within the Project would be provided for, the City and EASTLAKE entered into a Supplemental Subdivision Improvement Agreement pursuant to the City Resolution, in which EASTLAKE agreed that maintenance of such areas shall be accomplished by the creation of a home owners association. The Parcels shown on Exhibit "B" attached hereto describe those particulaa- areas which were dedicated to the public on one or more of the Final Maps but which include lm~dscaping and other improvements to be maintained by the MHOA. The public areas to be maintained by the MHOA are collectively referred to as the "Dedicated Easements". E. The City desires to grant to EASTLAKE easements for landscape maintenance purposes upon, over and across the Dedicated Easements as shown on Exhibit "B" in order to facilitate the obligations of EASTLAKE as set forth in Supplemental Subdivision Improvement Agreements, adopted pursuant to the City Resolution. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as set forth below. 1. Grant of Easements and License. The City hereby grants to EASTLAKE and its agents, successors and assigns, non-excktsive easements and right-of-ways over m~d across the Dedicated Easements for the purpose of maintaining, repairing and replacing landscape and hardscape located thereon. These grants are made without any warranties of any kind, express or implied, other than the wan'anty stated in Paragraph 13(f) below. 2. Maintenance Responsibilities (a) EASTLAKE to Initially Maintain. EASTLAKE hereby covenants and agrees, at its sole cost and expense, to maintain, repair and replace, or cartse to be maintained~ repaired or replaced, those improvements within the Dedicated Easements which are described on Exhibit "C" attached hereto, at a level equal to or better than the level of maintenance set forth in the Landscape Master Plan for the Woods and Vistas approved by the City on May 24, 2002. For purposes of this Agreement, the term "Maintenance" or "Maintain" shall mean the maintenance, repair and replacement obligations described herein and on Exhibit "C" hereto and shall also include repair and replacemen! at no cost to the City of any City owned property that is damaged during performance of the maintenance responsibilities pursuant to this Agreement. Exhibit "C" also refers to the maintenance responsibilities of City. (b) Transfer to MHOA. Upon EASTLAKE's trm~sfer of maintenance obligations to the MHOA, (i) the MHOA shall become obligated to perform the obligations so transferred, and (ii) subject to the City determining that the requirements of Paragraph 3 below have been satisfied, EASTLAKE shall be released from such obligation. Transfer of maintenance obligations to the MHOA may be phased (that is, there may be multiple transfers). (c) Transfer By MItOA. The MHOA shall have the right to transfer Maintenance obligations to a sub-association ("SHOA") or to the owner of an apartment project ("Transferee"). Upon the MHOA's transfer of Maintenance obligations to a Transferee, (i) the Transferee shall become obligated to perform the obligations so transferred, (ii) the MHOA shall retain the right to perform the Maintenance should the Transferee fail to do so, and (iii) the MHOA shall be released from the obligations so transferred subject to the City determining that the requirements of Paragraph 4 below have been satisfied. Although it is possible that Maintenance obligations might be transferred to an apartment owner, EASTLAKE does not believe it is likely that Maintenance obligations will be transferred to an apartment owner. 3. Assignment by EASTLAKE and Release of EASTLAKE (a) Assignment. Upon EASTLAKE's transfer of the Maintenance obligations to the MHOA, it is intended by the parties that the MHOA shall perfon-n the Maintemmce obligations either itself or by contractors. Such transfer wilt release EASTLAKE from its obligations only if all of the tbllowing occur: (i) MHOA Accepts Obligation. The MHOA has unconditionally accepted and assumed all of EASTLAKE's obligations under this Agreement in writing, such assigmuent provides that the burden of this Agreement remains a covenant running with the land, and the assignee expressly assumes the obligations of EASTLAKE under this Agreement. The assigmnent shall also have been approved by the appropriate goveruing body of the MHOA by resohttion or similar procedural method and approved as to tbrm and content by the City Attorney. The City shall not unreasonably withhold its consent to such assignment. (ii) MHOA's Master Declaration. The City has reviewed and approved the MHOA's recorded Master Declaration to confirm that said document contains appropriate maintenance, indemnity and insurance provisions. The City hereby acknowledges that it has so approved the Master Declaration. This condition "(ii)" will apply to any fm~ther amendments which require City's consent pursuant to provisions of the Master Declaration or which would be contrary to the terms of this Agreement. (iii) MHOA lnsm'ance. The MHOA procures and formally resolves to maintain at its sole cost and expense, colrm~encing no later than the City's release of all of EASTLAKE's landscape maintenance bonds, a comprehensive general liability and property damage insurance policy insuring the MHOA and the Owners against liability incident to ownership or use of the MHOA Property. The limits of such insurance shall not be less than $3 Million covering all claims for death, personal injury and property dmuage arising out of a single occun'ence. The insurer issuing such insm'ance shall have rating by A.M. Best of "A, Class V" or better with no modified occm'rences and as admitted by Best's Insurance Gu/de. Such insurance shall include the following additional provisions provided they are available on a commercially reasonable basis: (a) The City of Chula Vista shall be named as an additionally insured party to such insurance pursuant to the City's requirements the MHOA do so; (b) The policy shall not contain a cross-suit exclusion clause which would abrogate coverage should litigation ensue between insureds; (c) The policy shall contain the following severability clause (or language which is substantially the same): "The coverage shall apply separately to each insm'ed except with respect to the limits of liability." The MHOA shall provide the City with a Certificate of Insurmrce upon acceptance of the transfer of the Maintenance obligations herein. (b) Release. When all conditions precedent in Paragraph 3 (a) are fulfilled, EASTLAKE shall be released fi'om its obligations under this Agreement, including its security and insurance requirements. EASTLAKE aclmowledges that it has a contractual obligation to perform the terms and conditions of this Agreement until and unless released by the City from this Agreement. At least sixty (60) days prior to such transfer, EASTLAKE shall give a notice to the City of EASTLAKE's intent to transfer its Maintenance obligations herein and provide the City with the appropriate documents listed in Paragraph 3(a). 4. Assignment by MHOA and Release of MHOA. (a) Assignment. Upon MHOA's transfer of the Maintenance obligations to a Transferee, it is intended by the parties that the Transferee shall perform the Maintenance obligations either itself or by cantractors. Such transfer will release the MHOA fi'om its obligations only if all of the following occur: (i) Transferee Accel~ts Obligation. The Transferee has unconditionally accepted and assumed all of the MHOA's obligations under this Agreement in writing, such assignment provides that the burden of this Agreement remains a covenant running with tile land, and the assignee expressly assumes the obligatiot~s of the MHOA under this Agreement. If the Transl'eree is an SHOA, the assignment shall also have been approved by the appropriate governing body of the SHOA by resolution or similar procedural method and approved as to form and content by the City Attorney. The City shall not unreasonably withhold its consent to such assigmnent. (ii) SHOA's Declm'ation of Restrictions. If the Transferee is an SHOA, the City has reviewed and approved the SHOA's recorded Declaration of Restrictiotxs to confirm that said document contains appropriate maintenance and insurm~ce provisions. (iii) SHOA Insurance. The Transferee procures and formally resolves to Maintain at its sole cost and expense, a policy of public liability insurance, which meets the requirements set ibrth in Paragraph 3 (a) (iii) above. The SHOA shall provide the City with a Certificate of Insurance upon acceptance of the transfer of the Maintenance obligations herein. (b) Release. When all conditions precedent in Paragraph 4(a) are fulfilled, the MHOA shall be released from its obligations under this Agreement, including its security and insurance requirements. At least sixty (60) days prior to such transfer, MHOA shall give notice to the City of MHOA's intent to transfer its Maintenance obligations herein and provide the City with the appropriate documents listed in Paragraph 4(a). 5. EASTLAKE's Insurance. Until such time as the MHOA has obtained the general liability insurance required by Section 3 (iii) above and Section 13.1.3 of the Master Declaration, EASTLAKE hereby agrees to procure and maintain a policy of comprehensive general liability insuremce written on a per occurrence basis in an amount not less than One Million Dollars ($1,000,000) combined single limit, at its sole cost and expense. 6. Indemnity,. EASTLAKE understands mad agrees that City, as indemnitee, or any officer, agent, or employee thereof, shall not be liable for injury to person or property occasioned by reason of the acts or omissions of EASTLAKE, its agents, employees, successors, or assigns, related to EASTLAKE's Maintenance activities in the Dedicated Easement Areas. EASTLAKE further agrees to protect and hold'the City, its officers, agents and employees, harmless from any and all acti6ns, suits, claims, damages to persons or property, costs including attorney's fees, penalties, obligations, errors, omissions, demands, liability, or loss of any sort (herein "claims or liabilities"), that may be asserted or claimed by any person, firm, or entity because of or arising out of or in connection with the use, maintenance, or repair of the Dedicated Easement Areas by EASTLAKE, its agent, employees, successors, assigns, members, or contractors, excepting any sole negligence or sole willfnl misconduct on the part of City, its officers, employees, mad agents. 7. lndemnit~ If Transferee The document whereby the MHOA transfers a Maintenance obligation to an SHOA or apartment owner shah be signed by both the MHOA and the Transferee and shall set forth an express assumption of Maintenance and other obligations hereunder and shall include the following indenmification provision: Indemnity. The [Transferee's name] shall indemnify and hold the City, its officers, agents mad employees, harmless from any liability, cost or expense, including reasonably incnrred attorneys' fees, which result from the Transferee's faihn'e to comply with the requiremeuts of the obligations transferred hereby to Transferee. Transferee shall not have any liability under this Indemnity by reason of another party's failm-e to maintain. It is specifically intended that the City shall have the right to enforce this Indemnity. This Indemnity may not be amended without the written consent of the City Plmming Director or City Attorney. Agreement Applicable to Subsequent Owners. (a) Agreement Binding Upon Any Successive Parties. This Agreement shall be binding upon EASTLAKE and any successive Declarant under the Master Declaration. This Agreement shall be binding upon MHOA and any Transferees upon transfer of maintenance obligations to the MHOA or Transferee, respectively. This Agreement shall inure to the benefit of the successors, assigns and interests of the parties as to any or all of the Property. (b) Agreement Runs With the Land. The burden of the covenants contained in this Agreement is for the benefit of the Property and the City, its successors and assigns, and any successor-in-interest thereto. The City is deemed the beneficiary of such covenants for m~d in its own right and for the purposes of protecting the interest of the conununity and other parties, public or private, in whose favor and for whose benefit such covenants runrfing with the land have been provided, without regard to whether the City has been, remained or are owners of any pm-ticular land or interest therein. If such covenants m'e breached, the City shall have the right to exercise all rights and' remedies m~d to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach to which it or any other beneficiaries of this Agreement and the covenants may be entitled. 9. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of Califbmia. 10. Effective Date. The terms and conditions of this Agreement shall be effective as of the date this Agreement is recorded in the Official Records of the San Diego County Recorder's Office. I1. Counterparts. This Agreement may be executed in any uumber of counterparts, each of which shall be original and all of which shall constitute oue and the stone document. 12. Recording. The parties shall cause this Agreement to be recorded in the Official Records of the San Diego County Recorder's Office within thirty (30) days after this Agreement has been approved by the City Council. 13. Miscellaneous Provisions. (a) Notices. Unless otherwise provided in this Agreement or by law, any and all uotices required or permitted by this Agreement or by law to be served on or delivered to either party shall be in writing and shall be deemed duly served, delivered and received when personally delivered to the party to whom it is directed or, in lieu thereof, when three (3) business days have elapsed following deposit in the United States mail, certified or registered mail, return receipt requested, first-class postage prepaid, addressed to the address indicated in this Agreement. A party may change such address for the purpose of this Paragraph 'by giving written notice of such change to the other party. If To City: CITY OF CHULA VISTA Department of Engineering 276 Fourth Avenue Chula Vista, CA 91910 Attn: Deputy Director of Engineering If To EASTLAKE: THE EASTLAKE COMPANY, LLC 900 Lane Avenue, Suite 100 Chula Vista, CA 91914 Attn: Curt Smith, Vice President (b) Captions. Captions in this Agreement are inserted for convenience of reference and do not define, describe or limit the scope or intent of this Agreement or any of its terms. (c) Entire Agreement. This Agreement, together with any other written document referred to herein, embody the entire agreement and understanding between the parties regarding the subject matter hereof; and any and all prior or contemporaneous oral or written representations, agreements, understandings and/or statements shall be of no force and effect. This Agreement is not intended to supersede or amend m~y other agreement between tire parties unless expressly noted. (d) Recitals; Exhibits. Any recitals set forth above and any attached exhibits are incorporated by reference into this Agreement. (e) Compliance With Laws. In the performance of its obligations under this Agreement, EASTLAKE, its agents and employees, shall comply with any and all applicable federal, state and local rules, regulations, ordinances, policies, permits and approvals. (1) Authority of Signatories. Each signatory m~d party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions and/or other actions have been taken so as to enable said signatory to enter into this Agreement. (g) Modification. This Agreement may not be modified, terminated or rescinded, in whole or in part, except by va-itten instrtnnent duly executed and acknowledged by the parties hereto, their successors or assigns, and duly recorded in the Official Records of the San Diego County Recorder's Office. (h) Severability. If any term, covenant or condition of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term, covenant or condition to person or circumstance, shall not be affected thereby and each term, covenant or condition shall be valid and be enforced to the fullest extent permitted by law. (i) Preparation of Agreement. No inference, assumption or prestnnption shall be drawn from the fact that a party or its attorney prepared and/or drafted this Agreement. It shall be conclusively presumed that both parties participated equally in the preparation and/or drafting of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first set forth above. NEXT PAGE IS SIGNATURE PAGE Signature Page to Agreement between City of Chula Vista and The EastLake Company, LLC For Grant of Easements and Maintenance Agreement (Dedicated Easements) IN WITNESS WHEREOF, City and EASTLAKE have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dated: ,2003 City of Chula Vista Attest: by: Stephen C. Padilla, Mayor Susan Bigelow, City Clerk Approved as to form: Ann Moore, City Attomey Dated: The EastLake Company, LLC, a Califomia Limited Liability Company Curt Smith, Vice President Debi"-Klingner, Vice President J :~En gineerkLAND DEV~Proj ectskEastlake lll~Woods\WR-2&5~Agreement-Draft.doc ;ALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California '[ ss. County of San Diego On April 1, 2003 beforeme, Denise M. Smith, Notary Publ~,c personally appeared Cttr~ Sm-i 1-h ;and Dt~h'i [] personally known to me ~ proved to me on lhe basis of satisfactory evidence to be the person~ whose name~ is~'~ subscribed to the within inst,,0.~ent and acknowledged to me that he/~executed the saru~ in his/h er~2.¢.~¢ authorized capacit~ and that by his/her~) signatur~) on the instrument the person s~) the entity upon behalf of which the perso~) acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document F, astLake III Woods & Vistas Chula Vista Tract 01-09 Title or Type of Document: Grant of Easememts amd Maintenamce _Agreement (Dedicated Easements) C.V. File No.: EW-007F Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: [] Individual [] Corporate Officer -- Title(s): _ [] Partner -- [] Limited [] General [] Attorney-in-Fact [] Trustee [] Guardian or Conservator [] Other: Top of thumb here Signer Is Representing: EXHIBIT "A" MASTER HOMEOWNERS ASSOCIATION DEDICATED EASEMENTS CHULA VISTA TRACT NO. 0t'-09, EASTLAKE III WOODS AND VISTAS PARCEL "A" THOSE PORTIONS OF BLUE RIDGE DRIVE, BLUE RIDGE COURT, NORTHWOODS DRIVE, NORTHWOODS WAY, WOODS DPdVE, ALDER GROVE WAY, ASPEN GLEN COURT, ASPEN GLEN ROAD, AND ADIRONDACK PLACE AS DEDICATED TO PUBLIC USE ON CHULA VISTA TRACT NO. 01-09, EASTLAKE III WOODS NEIGHBORHOODS WR-1 AND WR-3, MAP NO. 14403; TOGETHER WITH THOSE PORTIONS OF DUNCAN RANCH ROAD, STONE GATE STREET, HUNTE PARKWAY, HAWTHORNE CREEK DRIVE, MOUNTAIN ASH AVENUE, SILVER OAK PLACE, MULBERRY WAY, WHITE ALDER AVENUE, SADLERS CREEK ROAD, SADLERS CREEK WAY, JOSHUA CREEK ROAD, JOSHUA CREEK PLACE, AND RUSTIC WOOD STREET AS DEDICATED TO PUBLIC USE ON CHULA VISTA TRACT NO. 01-09, EASTLAKE III WOODS NEIGHBORHOOD WR-4, MAP NO. 14394; TOGETHER X~ITH THOSE PORTIONS OF YOSEMITE DRIVE, STONE GATE STREET, TABLE ROCK AVENUE, TABLE ROCK WAY, AND WIND CAVE PLACE AS DEDICATED TO PUBLIC USE ON CHULA VISTA TRACT NO. 01-09, EASTLAKE III WOODS NEIGHBORHOODS WR-6 AND WR-7, MAP NO. 14372, TOGETHER WITH THOSE PORTIONS OF CHESAPEAKE PLACE, CHESAPEAKE COURT, ADIRONDACK PLACE, CAMPHOR COURT, SILVER OAK COURT, SILVER OAK PLACE, SUTTER RIDGE DRIVE, SUTTER RIDGE COURT, SUTTER RIDGE WAY AND SHENANDOAH DRIVE AS DEDICATED TO PUBLIC USE ON CHULA VISTA TRACT NO. 01-09, EASTLAKE III WOODS NEIGHBORHOOD WR-2, WR-5 AND A PORTION OF NEIGHBORHOOD WR-4, MAP NO. , TOGETHER WITH THOSE PORTIONS OF WOODS DRIVE GRANTED TO THE CITY OF CHULA VISTA PER DOCUMENT RECORDED MAY 13, 2002 AS FILE NO. 2002-0404428, THOSE PORTIONS OF HUNTE PARKWAY DEDICATED TO THE CITY OF CHULA VISTA PER DOCUMENT RECORDED JULY 3, 1997 AS PILE NO. 1997- 0316062; A PORTION OF OTAY LAKES ROAD DEDICATED TO THE CITY OF CHULA VISTA PER DOCUMENT RECORDED NOVEMBER 28, 1990 AS FILE NO. 1990-634654; THOSE PORTIONS OF OTAY LAKES ROAD DEDICATED TO THE CITY OF CHULA VISTA PER CHULA VISTA TRACT NO. 01-09, EASTLAKE III - WOODS - NEIGHBORHOOD WR-4 IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO THE MAP THEREOF NO. 14394 FILED IN THE OFFICE OF THE COUNTY RECORDER MAY 16TH, 2002 AND PER CHULA VISTA TRACT NO. 88-3 EASTLAKE GREENS PHASE 1 B/C IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO THE MAP THEREOF NO. 12545 FILED IN THE OFFICE OF THE COUNTY RECORDER JANUARY 26TH, 1990, TOGETHER WITH THOSE PORTIONS OF FUTURE PROCTOR VALLEY ROAD FRONTING THE PROJECT INCLUDING FUTURE PUBLIC PARKWAYS, SHOWN AS PARCEL "A" ON EXHIBIT "B" (SHEETS I THROUGH 4), ATTACHED HERETO AND MADE A SHEET1OF4 ? "/0~ EXHIBIT "A" PART HEREOF. PARCEL "A" INCLUDES THE BEVELED CURB AND GUTTER, PARKWAYS, AND D.G. TRAILS/WALKS WHERE APPLICABLE ALONG SAID STREETS, BUT DOES NOT INCLUDE ANY STRAIGHT CURB OR SIDEWALKS. PARCEL "B" THE LANDSCAPE BUFFER AND PUBLIC ACCESS EASEMENT GRANTED TO THE CITY OF CHULA VISTA OVER A PORTION OF LOT "A" OF CHULA VISTA TRACT NO. 01-09, EASTLAKE Ill WOODS NEIGHBORHOODS WR-1 AND WR-3, MAP NO. 14403; TOGETHER WITH THE 20' LANDSCAPE EASEMENT GRANTED TO THE CITY OF CHULA VISTA PER DOCUMENT RECORDED JULY 3, 1997 AS FILE NO. 1997-0316062 AND THE 20' WIDE LANDSCAPE BUFFER AND PUBLIC ACCESS EASEMENT GRANTED TO THE CITY OF CHULA VISTA OVER PORTIONS OF LOTS "E", "I", "J', AND "K" OF TRACT NO. 01-09, EASTLAKE III WOODS NEIGHBORHOOD WR-4, MAP NO. 14394; TOGETHER WITH THE 20' WIDE LANDSCAPE BUFFER AND ACCESS EASEMENTS GRANTED TO THE CITY OF CHULA VISTA OVER PORTIONS OF LOT 256, "A" AND "D" OF CHULA VISTA TRACT NO. 01-09, EASTLAKE III WOODS NEIGHBORHOODS WR-6 AND WR-7, MAP NO. 14372, TOGETHER WITH THE 20' WIDE LANDSCAPE AND PUBLIC ACCESS EASEMENT ALONG OTAY LAKES ROAD GRANTED TO THE CITY OF CHULA VISTA PER DOCUMENT RECORDED MAY 13, 2002 AS FILE NO. 2002-0404429 SHOWN AS PARCEL "B" ON EXHIBIT "B" (SHEETS 1 THROUGH 4), ATTACHED HERETO AND MADE A PART HEREOF. PARCEL "C" THE PEDESTRIAN ACCESS EASEMENTS GRANTED TO THE CITY OF CHULA VISTA OVER PORTIONS OF LOTS "D' AND "E" TRACT NO. 01-09, EASTLAKE III WOODS NEIGHBORHOODS WR-1 AND WR-3, MAP NO. 14403 TOGETHER WITH THE 15' PEDESTRIAN ACCESS EASEMENT GRANTED TO THE CITY OF CHULA VISTA OVER PORTIONS OF LOT "F", "O", AND "K" OF CHULA VISTA TRACT NO. 01-09, EASTLAKE III WOODS NEIGHBORHOOD WR-4, MAP NO. 14394, SHOWN AS PARCEL "C" ON EXHIBIT "B" (SHEETS I THROUGH 4), ATTACHED HERETO AND MADE A PART HEREOF. PARCEL "D" THE EMERGENCY ACCESS EASEMENT GRANTED TO THE CITY OF CHULA VISTA OVER A PORTION OF LOT "A" OF CHULA VISTA TRACT NO. 01-09, EASTLAKE III WOODS NEIGHBORHOODS WR-6 AND WR-7, MAP NO. 14372, SHOWN AS PARCEL "D" ON EXHIBIT "B" (SHEETS 1 THROUGH 4), ATTACHED HERETO AND MADE A PART HEREOF. SHEET 2 OF 4 EXHIBIT "A" PARCEL"E" THOSE PORTIONS OF LAKE cREST DRIVE, RAMBLING VISTA ROAD, OLD JANAL RANCH ROAD, LONG VIEW DRIVE, SILVER HAWK WAY, BLUE SAGE WAY, OLYMPIC VISTA ROAD, LOST CREEK ROAD, AND GEIGER CREEK ROAD AS DEDICATED TO PUBLIC USE ON CHULA VISTA TRACT NO. 01-09, EASTLAKE III VISTAS PHASE I FINAL MAP NO. 14376; TOGETHER WITH THOSE PORTIONS OF LAKE CREST DRIVE, BLUE SAGE WAY, ECHO RIDGE WAY NORTH, ECHO RIDGE WAY SOUTH, ECHO RIDGE TERRACE, SHADOW CREST COURT, STERLING RIDGE COURT, LAKE CREST COURT, SHADOW RIDGE WAY, RAMBLING VISTA ROAD, LAKE CREST DRIVE, AGATE CREEK WAY, CANOE CREEK WAY, NETTLE CREEK WAY, NETTLE CREEK COURT, LYTTON CREEK COURT, OLYMPIC VISTA ROAD, AND LONG VIEW DRIVE AS DEDICATED TO PUBLIC USE ON CHULA VISTA TRACT NO. 01-09, EASTLAKE III VISTAS PHASE II FINAL MAP NO. 14404, TOGETHER WITH THOSE PORTIONS OF OLYMPIC PARKWAY DEDICATED TO THE CITY OF CHULA VISTA PER DOCUMENT RECORDED FEBRUARY 29, 1996 AS FILE NO. 1996- 0101149, DOCUMENT RECORDED MARCH 26, 1996 AS FILE NO. 1996-0148613, AND DOCUMENT RECORDED MAY 22, 1999 AS FILE NO. 1999-0367386 AND SHOWN AS PARCEL "E" ON EXHIBIT "B" (SEE SHEETS 5 THROUGH 14), ATTACHED HERETO AND MADE A PART HEREOF. PARCEL"F" THE 20' LANDSCAPE BUFFER AND PUBLIC ACCESS EASEMENT GRANTED TO THE CITY OF CHULA VISTA OVER A PORTION OF LOT "A", THE 20' LANDSCAPE BUFFER AND PUBLIC ACCESS EASEMENT GRANTED TO THE CITY OF CHULA VISTA OVER A PORTION OF LOT "E", THE 20' LANDSCAPE BUFFER AND PUBLIC ACCESS EASEMENT GRANTED TO THE CITY OF CHULA VISTA OVER A PORTION OF LOT "F', AND THE 30' LANDSCAPE BUFFER AND PUBLIC ACCESS EASEMENT GRANTED TO THE CITY OF CHULA VISTA OVER A PORTION OF LOT "146", TRACT NO. 01-09, EASTLAKE III VISTAS PHASE I FINAL MAP NO. 14376; TOGETHER WITH THE 20' · LANDSCAPE BUFFER AND PUBLIC ACCESS EASEMENT GRANTED TO THE CITY OF CHULA VISTA OVER A PORTION OF LOTS "728", "EE", "GG", "FF", "Y", "Z", AND "DD" TRACT NO. 01-09, EASTLAKE III VISTAS PHASE II FINAL MAP NO. 14404; TOGETHER WITH THE 20' LANDSCAPE BUFFER AND PUBLIC ACCESS EASEMENT GRANTED TO THE CITY OF CHULA VISTA OVER A PORTION OF PARCEL "1" TRACT NO. 01-09, PARCEL MAP NO. 19091, SHOWN AS PARCEL "F" ON EXHIBIT "B" (SEE SHEETS 5 THROUGH 14), ATTACHED HERETO AND MADE A PART HEREOF. PARCEL "G" THE 20' PEDESTRIAN ACCESS EASEMENT GRANTED TO THE CITY OF CHULA VISTA OVER A PORTION OF LOT "E" AND THE 14' PEDESTRIAN SHEET3 OF 4 EXHIBIT "A" ACCESS EASEMENT GRANTED TO THE CITY OF CHULA VISTA OVER A PORTION OF LOT "E", TRACT NO. 01-09, EASTLAKE III VISTAS PHASE I FINAL MAP NO. 14376; TOGETHER WiTH THE 20' PUBLIC ACCESS EASEMENT GRANTED TO THE CITY OF CHULA VISTA OVER A PORTION OF LOT "DD", THE 16' PUBLIC ACCESS EASEMENT GRANTED TO THE CITY OF CHULA VISTA OVER A PORTION OF LOT "DD", THE 20' PUBLIC ACCESS EASEMENT GRANTED TO THE CITY OF CHULA VISTA OVER A PORTION OF LOT "S", THE 20' PUBLIC ACCESS EASEMENT GRANTED TO THE CITY OF CHULA VISTA OVER A PORTION OF LOT "AA", THE 23' PUBLIC ACCESS EASEMENT GRANTED TO THE CITY OF CHULA VISTA OVER A PORTION OF LOT "EE", AND THE 25' ACCESS EASEMENT GRANTED TO THE CITY OF CH[JLA VISTA OVER A PORTION OF LOT "728", TRACT NO. 01-09, EASTLAKE III VISTAS PHASE II FINAL MAP NO. 14404; TOGETHER WITH THE 17' PUBLIC ACCESS EASEMENT GRANTED TO THE CITY OF CHULA VISTA OVER A PORTION OF LOT .... , TRACT NO. 01-09, EASTLAKE III VISTAS PHASE FINAL MAP NO. SHOWN AS PARCEL "G" ON EXHIBIT "B" (SEE SHEETS 5 THROUGH 14), ATTACHED HERETO AND MADE A PART HEREOF. JAEngineer\LANDDEV~Projects\Eastlake IIBWoods\WR-2&5\HOA EXHIBIT A-WOODS&VISTAS.doc SHEET 4 OF 4 NOT TO ~'~ D£TA/L THIS EASTLAK£ III ~ WOODS CNUL~ VISTA TRACT NO. 01-09 CITY OWNED RIGHT-OF-WA YJEASEMENTS MAINTAINED DY N. O.A. ~-~-o~ ~o~x~.ow~ 5g - SB ..qSO..q8 03 NOT TO SHEET $ OR 14 £ASTI. AKE III ',, WOODS CHULA VISTA TRACT NO. 01-09 CITY OWNED RIGHT-OF-WA YJEASEMENTS MAINTAINED BY H. O.A. SB £XI-IIBII' £ASTI. AK£ III ~ WOODS CHULA ~'ISTA TRACT NO, 01-09 CITY OWN£D RIGHT-OF-WA YJ£A S£M£N TS MAIN TA IN£O BY H, O, A , HO.A. tZAINTAIN~D ~ QIPt' RI6~t~-OF-WA Y? cure (nm.) TYPICAl S~'¢TION WITH D£V~7~'D CURB NOT TO SCA~ SHLm~T 4 OF 14 R/w ~/'w ¢ R/W .___.I'I.O.A.I~AINI'AINED TY RIGHT-OF-WA Y H.O.A. MAINTAINED ~TY RI~HT-OF-WA '?_~ TYPICAl S£CTION WITH STRAIGHT CURD NOT TO SCALE I-I.O.A. MAINTAIN~=D ~AND$CA~ BUFF~R ' l ~ ~O.A. MAINTAIN~ AND ~ A~ ~ M~IAN ~A~T ~ ~' ~ ~ MAINTAIN~ TYPICAL S~'CTION ~ PROCTOR VAII~'Y ROAD ~or ro sc~te ~" I0~ £ASTIAK£ III ~ WOODS CHULA VISTA TRACT NO. 01-09 CITY OWN£D RIGHT-OF-WA Y~/EAS£M£NTS MAINTAIN£D DY Ho OoAo SB / / SEE EXHIBIT 5 OF 14 EXHIBIT "B" KE CRF_~ EXHIBIT 6 OF 14 / / SCALE:I": 200' .., CC$~A,NY EASTLAKE III VISTAS CiTY OF CHUI..A VISTA TRACT NO. 01-09 CITY OWNED RIGHT OF WAY/ EASEMENTS MAINTAINED BY H.O,,,A,, SEE EXHIBIT 8 OF 14 EXHIBIT "B" SCALE:I" = 200' EXHIBIT 7 OF 14 LONG VIEW DRIVE / /--.~/ o[~ EASTLAKE III VISTAS CITYOF CtlUl,.A VISTA TRACT NO. 01-09 CITY OWI~...D RIGHT OF WAY/ EASEI~g~$ MAINTAINED BY H.O.A. EXHIBIT "B" EXHIBIT 8 0F14 SCALE:I."= 200' / ~.~ s~E Ex.,~,r 7 or ,~ EASTLAKE III VISTAS CITY OF CHIJ_A VISTA TRACT N~ ~-09 ~ OWN~ RI~ ~ WAY/ ~S ~INTNN~ BY H.O.~ L SEE EXHIBIT 10 OF 14 EASTLAKE Ill VISTAS CiTY OIttE]) RII~.IT OF WAY/ EASEI~..NTS MAINTAII~O BY H.O.A. CITY OF' CHULA VISTA TRACT NO. 01-09 SCALE:I"= 200' EXHIBIT "B" EXHIBIT 10 OF 14 / / SCALE: 1 II : \0' EASTLAKE Ill VISTAS CITY OF CtIIJI_A VISTA TEAcrr I~K$. 01-09 CITY OWNE]) RIGHT OF WAY/ EASEMENTS MAINTNNE~ BY H.O,A. N SCALE:I"= 200' 5[[ ,C. XHIBI'F 10 OF 1~1 EXHIBIT "B" \ \ \ EASTLAKE EXHIBIT 11 OF lq III VISTAS CITYOF C~ULA VISTA TRACT NO. O~.-O9 CITY' OMqEI~ RIGHT OF WAY/ EASEME]~'S MAINTAIIN~D BY H,O,A. SEE Ex,~Brr s oF ~ EXHIBIT "B" EXHIBIT 1 2 OF lZ / / SCALE:I" = 200' EASTLAKE Ill VISTAS CITY OF CI'IULA VISTA TRACT NO. 01.-09 C~TY O~ RIGHT OF lAY/ EASE}iE:NTS MAINTAINE/} BY H.O.A. j'--/l'7 SEE EXHIBIT 14 OF 14 EXHIBIT "B" EXHIBIT q 3 OF 1 4 SCALE:I"= 200' EASTLAKE Ill VISTAS ~TY OF CHULA VISTA TRACT NO. O1-09 01'['Y OMqED RIGHT OF WAY/ EASEI4gfTS MAINTAINI~ BY ILO.A. EXHIBIT 'I]" EXHIBIT 14 OF 14 TL__YT T / EXHIBIT 13 OF 14 EASTLAKE SCALE: 1" III VISTAS CITY OF CHULA VISTA TRACT NO. {~-09 C~TY OWNED RI~IT OF WAY/ EASE]dENTS MAINTAINE]} BY II, O.A, ?--//? 200' EXHIBIT "C" Description of Maintenance Responsibilities Eastlake III Woods and Vistas Areas Public Right- of-way Pedestrian Access Easements Landscape Buffer and Public Access Easements Reference Parcels A and E of Exhibits "A" and "B" Parcels C and G of Exhibits "A" and "B" Parcels B and F of Exhibits "A" and "B" MltOAMaintains * All landscaping and irrigation improvements located within the public parkways (between curb and property line) * All beveled curbs, gutter, and associated sidewalks underdrains. * All pedestrian trail improvements. * All median improvements located within North Woods Drive and Olympic Vista Road including but not limited to: landscaping and irrigation improvements, and decorative pavement. * The following Stone Gate Street bridge improvements: bridge finishes and fixtures to include all precast concrete, painted surfaces, decorative iron, light fixtures and associated electrical, beveled curb and gutter, and all other cosmetic components of the bridge. * All pedestrian trail and/or maintenance access road improvements including but not limited to: fences, improved surface, brow ditches, earth swales, retaining walls and landscaping. * All landscape buffer and pedestrian trail improvements including but not limited to: fence, improved surface (except concrete sidewalk), brow ditches, earth swales, landscaping and irrigation improvements, trees, retaining walls, any damage to concrete sidewalk if determined by the City to be caused by HOA maintained landscaping and/or irrigation improvements or trees. * All thematic fencing along the perimeter of the elementary and City's General Fund Maintains * Public facilities not being maintained by the MHOA such as: concrete sidewalks, street trees (trimming only), street lights and appurtenant equipment, signs, traffic signals and appurtenant equipment, paving, standard curb and gutter (not beveled), drainage and sewer improvements. * Stone Gate Bridge improvements not being maintained by the MHOA such as: concrete sidewalk, storm drain culverts, rip-rap, and all structural concrete components of the retaining walls and traffic barriers. None * Only concrete sidewalk improvements EXHIBIT "C" Description of Maintenance Responsibilities Eastlake III Woods and Vistas 4 Emergency Access Easement Parcel D of Exhibits "A" and "B" middle school required by Condition 121 of Resolution No. 2001-269 that may be constructed within said Landscape Buffer and Public Access Easements. * All emergency access improvements including but not limited to: improved surface, landscaping and irrigation improvements, and drainage improvements. None ?'/9/ COUNC]I, AGENDA STATEMENT Item c~ Meeting Date 4/15/03 ITEM TITLE: Resolution approving a purchase agreement with Great Scott Tree Service to provide Tree Trimming Service on an "as-needed" basis through June 30, 2004, and authorizing the Purchasing Agent to renew the agreement for five (5) additional, one (1) year option periods. SUBMITTED BY: Director of Public Works Operation~]{//~4~ Director of Finance~,,,,/~t REVIEWED BY: City Manage~¥,~''/ (4/5 Vote: Yes No X ) On February 21, 2003, an advertisement was placed in the Chula Vista Star News soliciting bids for tree trimming services. Ten (10) potential bidders were contacted. One local contractor was contacted but did not submit a bid. On March 13, 2003, the bids for tree trimming services were opened and three (3) bids were received. Staff recommends that only one bidder, Great Scott Tree Service, be awarded the contract. RECOMMENDATION: That Council adopt a resolution approving a purchase agreement with Great Scott Tree Service, the overall low responsive and responsible bidder meeting specifications, to provide Tree Trimming Service on an "as-needed" basis through Jane 30, 2004, and authorizing the Purchasing Agent to renew the agreement for five (5) additional, one (1) year option periods. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: Bids were received from the three contractors listed in Table 1 below. The Purchasing Agent bid the contract so that the contract could be awarded by item, groups of items, or as a lot, whichever was in the best interest of the City. Each bid was evaluated based on current fiscal year requirements to determine which contractor was the lowest bidder. The following table lists the total contract amount bid by each of the bidders for all of the separate items. Table 1 Summary of Contractor Bids NO. CONTRACTOR 1. Great Scott Tree Trimming Service, Inc. 2. West Coast Arborists, Inc. 3. TruGreen Landcare BID AMOUNT $263,542.00 $376,192.00 $317,739.05 Page 2, Item _ -/. Meeting Date 4/15/03 Great Scott Tree Service represents the low overall bid when considering their "all or nothing" submittal and 2%, 20 days prompt payment terms. To ensure contract compliance, a 100% performance and payment bond is required. References were checked from three public agencies, the City of San Diego, City of Moreno Valley, and the Orange County Transportation Authority, that are currently doing business with Great Scott Tree Service. Table 2 below summarizes Great Scott Tree Trimrmng Service's total bid of $263,542.00: Table 2 Summary of Great Scott Tree Trimmang Service's Bid BID ITEM 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. BID DESCRIPTION AMOUNT Queen (Cocos) Palms $ 14,202.00 Fan Palms $ 22,956.30 Phoenix Dactylifera $ 1,912.50 Phoenix Canariensis $ 14,310.00 Broadleaf Trees $140,420.70 Large Eucalyptus $ 6,075.00 Medium Eucalyptus $ 26,370.00 Small Eucalyptus $ 14,850.00 Pine Trees $ 16,645.50 Tree removal to ground level $ 4,400.00 Stump grinding $ 1,400.00 CONTRACT TOTAL $263,542.00 A total of $259,469 is available in the current fiscal year (02/03) Public Works Operations' Budget for tree trimming services. We will trim as many trees as possible with the $259,469 available. That may require a reduction in the total amount of trees trimmed compared to the estimated quantities listed in the bid. However, if we are able to meet the early payment provision, the number of trees trimmed may exceed the number indicated in the bid. Based on quantities listed in the bid, and when factoring in payment terms, award of the entire contract to Great Scott Tree Service would result in an annual savings of approximately $21,648, as opposed to awarding separate contracts on an item-by-item basis. Pricing is firm for the initial term of the agreement, which is through June 30, 2004. Thereafter, the agreement may be extended by mutual consent for five (5) additional, one-year option periods. The maximum allowable price increase for each option period is 5%. Page 3, Item vi Meeting Date 4/15/03 ENVIRONMENTAL STATUS The Environmental Review Coordinator has reviewed the proposed project for compliance with the Califomia 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. FISCAL IMPACT: The total cost for current fiscal year requirements for tree trimming services is $263,542. A total of $259,469 is available in the Public Works Operations' Budget for tree trimming services. However, if the City is able to meet the early payment provision, the total cost will be approximately $258,000 for tree trimming services. There is no direct fiscal impact from approving this resolution in that funds expended for subsequent fiscal years will have been approved through the normal budget or appropriation process. Purchase orders will be issued as authorized departmental requests are received. File No. 0940-20-A1 G:XBob~A113 Tree Trimming Contract 03.doc RESOLUTION NO.2003- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A PURCHASE AGREEMENT WITH GREAT SCOTT TREE SERVICE TO PROVIDE TREE TRIMMING SERVICE ON AN "AS-NEEDED" BASIS THROUGH JUNE 30, 2004, AND AUTHORIZING THE PURCHASING AGENT TO RENEW THE AGREEMENT FOR FIVE (5) ADDITIONAL, ONE (1) YEAR OPTION PERIODS. WHEREAS, on February 21, 2003, City advertised for bids for tree trimming services; and WHEREAS, on March 13, 2003, three (3) bids for tree trimming services were received and opened and as follows; and CONTRACTOR BID AMOUNT 1. Great Scott Tree Trimming Service, Inc. 2. West Coast Arborists, Inc. 3. TruGreen Landcare $ 263,542.00 $ 376,192.00 $3 ! 7,739.05 WHEREAS, Great Scott Tree Service represents the low overall bid when considering their "all or nothing" submittal and 2%, 20 days prompt payment terms; and WHEREAS, references were checked from three public agencies, the City of San Diego, City of Moreno Valley, and the Orange County Transportation Authority, that are currently doing business with Great Scott Tree Service; and WHEREAS, the purchase agreement initial term is through June 30, 2004; and WHEREAS, the purchase agreement may be extended by mutual consent for Five (5) additional, One (1) year option periods; and WHEREAS, the City's Environmental Review Coordinator has determined that this project is categorically exempt under Class 1 Section 15301 9h, "Maintenance of Existing Landscaping". NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve a purchasing agreement with Great Scott Tree Service on an "as-needed basis through June 30, 2004, and authorizing the Purchasing Agent to renew the agreement for Five (5) additional, One (1) year option periods. Presented by Approved as to form by Clifford Swanson Director of Engineering /Gi'ty Attorney ~-~ J:~atiomcy~resoLAGREEMENTS\tree trimming service Item IO Meeting Date 04/15/2003 COUNCIL AGENDA STATEMENT ITEM TITLE: SUBMITTED BY: REVIEWED BY: RESOLUTION ACCEPTING AN ADDITIONAL $29,353.46 FROM THE STATE OF CALIFORNIA E-911 REPLACEMENT FUND FOR POLICE COMMUNICATIONS CENTER TECHNOLOGY IMPROVEMENTS TO BRING THE TOTAL GRANT AWARD ACCEPTANCE TO $407,353.46. Chief of Polic~ ,- City Manager~/'~, ~¢/ (4/5ths Vote: Yes _No X) The State of California has a program to fund replacement of older E-911 telephone equipment that has been in use seven or more years. The Chula Vista Police Department is eligible for funding under this program as our current equipment was installed in 1994. Features in the new E-911 technology will provide the Police Communications Center with much improved methods for handling wire-line based and wireless based 911 calls and routing service to the citizens of Chula Vista. The State E-911 program recently granted the City with an additional $29,353.46 to purchase additional hardware and software to enhance our GIS and Information Management capability with the E-911 equipment upgrade. RECOMMENDATION: That the City Council accept the additional $29,353.46 from the State of California E-911 replacement fund for Police Communications Center technology improvements, bringing the total accepted award amount to $407,353.46. BOARDS/COMMISSIONS RECOMMENDATION: None Background: During the regularly scheduled City Council meeting of December 10, 2002, Council adopted resolutions 2002-492 and 2002-493, accepting $378,000 for the purchase of new hardware and software for the dispatch center (attachment 1). Since that time, staff has been working closely with the State E- 911 replacement office and has been awarded additional money to upgrade the GIS capabilities of the new equipment. These upgrades will allow Chula Vista to instantly pinpoint where wireless 911 calls originate and will enhance our ability to track where emergency equipment is located throughout the City. Additionally, another component will enhance the dispatch centers ability to monitor and log lQ-/ Item 10 Meeting Date 04/15/2003 all calls into and out of the E-911 system. This is important, as it will provide vital statistics on call volumes, what types of calls, dispatch times, and other critical call information that will be used to monitor operations within the dispatch center. This data will be crucial when trying to determine appropriate staffing levels and policies within the dispatch center. FISCAL IMPACT: There is no fiscal impact as all software, hardware, installation, licensing and maintenance fees are included in this project for the next five years. At that time, the City will be eligible to apply for additional funds from the State of California. Item Meeting Date 12/10/2002 ATTACHEMENT 1 COUNCIL AGENDA STATEMENT ITEM TITLE: A. RESOLUTION 2002-492 ACCEPTING A $378,000 GRANT FROM THE STATE OF CALIFORNIA E-911 REPLACEMENT FUND FOR POLICE COMMUNICATIONS CENTER TECHNOLOGY IMPROVEMENTS. B. RESOLUTION 2002-493 PARTICIPATING IN THE STATE OF CALIFORNIA'S MASTER PURCHASE AGREEMENT #DGS-0026-(01-10) TO PURCHASE POLICE COMMUNICATIONS RELATED EQUIPMENT AND SOFTWARE. SUBMITTED BY: Chief of Police REVIEWED BY: City Manager (415ths Vote: Yes _No X_) The State of California has a program to fund replacement of older E-911 telephone equipment that has been in use seven or more years. The Chula Vista Police Department is eligible for funding under this program as our current equipment was installed in 1994. Features in the new E-911 technology will provide the Police Communications Center with much improved methods for handling wire-line based and wireless based 911 calls and routing service to the citizens of Chula Vista. RECOMMENDATION: That the City Council: A. Accept a $378,000 grant from the State of California E-911 replacement fund for Police Communications Center technology improvements. B. Participate in the State of California's Master Purchase Agreement #DGS- 0026-(01-10) to purchase police communications related equipment and software. BOARDS/COMMISSIONS RECOMMENDATION: None Item Meeting Date 12/10/2002 Background: The Communications Center located inside the Chula Vista Police Department is designated as a "Primary Public Safety Answering Point", or PSAP. The significance of this designation by the FCC and the State of California signifies that the call center is the entity that receives all the wire line 911 calls from the public within the Chula Vista jurisdictional boundaries. While the majority of our 911 calls come directly from persons requesting emergency assistance, we also receive a significant number of transfer 911 calls from other agencies. In 2001 our center operated eight call taking positions that handled 74,473 calls for service through the E-911 wire-line phone system. With each wire-line call, several data elements are passed through the E-911 system: the calleCs telephone number, the address they call from, and the geographic coordinates. This data is proven necessary to emergency personnel for locating and assisting the caller, and has often been the difference between life and death in cases where a caller hangs up, is disconnected or is incapable of relaying information to the 911 dispatcher. Unfortunately, this information is not available from callers utilizing cellular phones. Furthermore, all cellular 911 calls are muted to the California Highway Patrol, who then determines the correct agency to handle the call, and transfers the call to that agency. This results in delays in response times. Based on new FCC requirements for all PSAP's, our Communication Center must prepare to receive and begin responding to wireless (cellular) 911 calls by October 2005. By accepting State E-911 replacement funds, the department can implement the most reasonably priced E-911 equipment for our center to meet the FCC wireless E-911 call mandate. Chula Vista Municipal Code 2.56.140 and Council Resolution 6132 authorizes the Purchasing Agent to enter into cooperative bid agreements with other governmental agencies. In March 2001, the State of California published a Request for Proposal (RFP) for 9-1-1 telephone answering equipment. The goal of this RFP was to establish a Master Purchase Agreement whereby California PSAP's could purchase 9-1-1 equipment and services from a list of vendors who meet detailed service requirements and provide equipment that comply with specifications, all at competitively bid prices. Ten companies were included in the final Master Pumhase Agreement #DGS-0026-(01-10). CVPD staff reviewed several E-911 systems in current use around the country. The companies that we tested are listed in the State of California's "Master Purchase Agreement," indicating the State has pre-approved their technology for E-911 replacements. Lucent Technologies (Motorola), Positron, and Plant Equipment, Incorporated (PEI) VESTA E-911 telephone systems were selected to be tested based upon their price and compatibility with our current equipment. The unanimous decision among department staff was to select PEI's VESTA computer telephone as our E-911 system replacement. Item Meeting Date 12/10~2002 Dispatcher equipment selection was based on VESTA's ease of use, it's progressive design evolving from our current technology, tools such as automatic data transfers into the Computer Aided Dispatch computer as well as a simple digitally recorded call playback system. The improved design features in VESTA also allow the use of geographic coordinates for both wire line and wireless call data. These coordinates will be displayed on a computer-based map, which will display the caller's actual location. PEI also accommodates other technology like GIS mapping which Chula Vista already uses. PEI manufactured the current equipment (MAARS) used by the Police Department for E-911 calls and we have not experienced any failures or serious problems in over 12 years. PacBell, our telephone service provider, maintains the equipment. Their service response has been excellent and their technicians are extremely knowledgeable. Other agencies within the County also use PacBell for their phone service and have reported similar success. The current $378,000 allotment is based upon the number of calls for service our center handled in 2001, plus the number of years that have passed since our last E-911 equipment replacement. The State of California will grant Chula Vista $378,000 for E-911 telephone software and hardware technology replacement. This grant does not have a matching funds requirement. The City will submit purchase orders for equipment to the State. The State then makes direct payment to the supplier. Therefore, no appropriations to the budget are needed to purchase the equipment or software. FISCAL IMPACT: There will be an approximate $2000 impact to upgrade some of the electrical systems that will be absorbed through the departments existing budget. Licensing and maintenance fees are included in this project for the next five years. At that time, the City will be eligible to apply for additional funds from the State of California. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING AN ADDITIONAL $29,353.46 FROM THE STATE OF CALIFORNIA E- 911 REPLACEMENT FUND FOR POLICE COMMUNICATIONS CENTER TECHNOLOGY IMPROVEMENTS TO BRING THE TOTAL GRANT AWARD ACCEPTANCE TO $407,353.46. WHEREAS, new FCC rules require Primary Public Safety Answering Point centers to accept and locate cellular calls for 911 emergency service; and, WHEREAS, the State of California provides grant money for technology upgrades to comply with new FCC rules; and, WHEREAS, the State of California recently awarded the City of Chula Vista $378,000 for software and hardware technology replacement for 911 equipment; and, WHEREAS, the State of California has also agreed to award an additional $29,353.46 to upgrade software and hardware related to information management and GIS enhancement; and, WHEREAS, the City of Chula Vista will incorporate the latest technology which will allow communications dispatchers to dispatch law enforcement units with greater speed and accuracy; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby accept an additional $29,353.46 from the State of California E~ 911 Replacement Fund for Police Communications Center technology improvements to bring the total grant award acceptance to $407,353.46. Presented by: P. Emerson Police Chief Approved as to form by: Ann Moore u ~, City Attorney ITEM TITLE: COUNCIL AGENDA STATEMENT Item: Meeting Date: 4/15/03 Resolution of the City Council of the City of Chula Vista approving a Joint Exemise of Powers Agreement (JEPA) with the County of San Diego and the Cities of Imperial Beach and San Diego and the Unified Port District for the development of a Watershed Management Plan for the Otay River Watershed and authorizing the Mayor to execute the agreement on behalf of the City. Resolution of the City Council of the City Of Chula Vista approving a Cooperative Agreement (CA) between the County Of San Diego, the City of San Diego, the City of Imperial Beach and the United States Army Corps of Engineers regarding the development of a Special Area Management Plan (SAMP) for the Otay River Watershed and Authorizing the Mayor to execute the agreement on behalf of the the City. (4/5ths Vote: Yes __ No X ) SUBMITTED BY: Director of Plarming and Building(~ Director of Public Works 1 REVIEWED BY: City Manager6~¥~ Od The County of San Diego has requested that the City of Chula Vista through a Joint Exercise of Powers Agreements (JEPA) participate in the preparation ora Watershed Management Plan for the Otay River watershed along with the Cities of Imperial Beach and San Diego and the Unified Port District. The County of San Diego is also requesting that the City of Chula Vista participate, through a Cooperative Agreement (CA) in the preparation of a Special Area Management Plan (SAMP) for the Otay River. Participants in the Cooperative Agreement will be the County, the Cities of San Diego and Imperial Beach and the United States Army Corps of Engineers (ACoE).The SAMP would be used to assist the Federal, State and local regulatory agencies with their decision-making and permitting authority to protect aquatic resources, which could include expedited Federal "wetlands" permits, and/or limited review for determination of project(s) compliance. The County has additionally requested that the City of Chula Vista contribute a fair-share total of $25,000 toward the preparation of a Functional Assessment and Delineation of the Otay River watershed as the first phase of this Program. The SAMP would be used to assist the Federal, State and local regulatory agencies with their decision-making and permitting authority to protect aquatic resources, which could include expedited Federal "wetlands" permits, and/or limited review for determination of project(s) compliance. I!'1 Page 2, Item: t/ Meeting Date: 4/15/03 RECOMMENDATION: That the City Council: 1) Adopt Resolution of the City Council of the City of Chula Vista approving a Joint Exercise of Powers Agreement (JEPA) with the County of San Diego and the Cities of Imperial Beach and San Diego and the Unified Port District for the development of a Watershed Management Plan for the Otay River Watershed and authorizing the Mayor to execute the agreement on behalf of the City; and, 2 ) Resolution of the City Council of the City of Chula Vista approving a Cooperative Agreement (CA) between the County of San Diego, the City of San Diego, the City of Imperial Beach and the United States Army Corps of Engineers regarding the development ora Special Area Management Plan (SAMP) for the Otay River Watershed and Authorizing the Mayor to execute the agreement on behalf of the the City. BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable. DISCUSSION: Background The County of San Diego has requested that the City of Chula Vista as well as the Cities of Imperial Beach and San Diego join together through the signing of a Joint Exercise of Powers Agreement (JEPA) to develop a framework Watershed Management Plan (WMP) for the Otay River sub-basin of the San Diego Bay. The WMP would be consistent with local General Plans, meet water quality standards, protect aquatic and upland resources, and will provide for flood protection, public recreation, and other essential public facilities such as utilities and infrastructure. The County, acting as the lead agency, has received Proposition 13 funding from the State of California in the amount of $200,000 for the development of the Otay River Watershed Management Plan (Otay WMP). That money will be utilized to prepare a framework management plan for the Otay watershed. The County has also requested that the City of Chula Vista, the Cites of San Diego and Imperial Beach and the Army Corps of Engineers sign a Cooperative Agreement (CA) for the preparation of an Aquatic Resource Identification, Conservation and Management Program for the Otay River watershed. The Otay River watershed extends eastward approximately 25 acres from San Diego Bay and spans approximately 10 miles in width (see Attachment 1). The watershed and its major tributaries, including Dulzura Creek, Jamul Creek and Salt Creek, cover approximately 98,533 acres (160 square miles), 67% of which is vacantJundeveloped land. Page 3, Item: l1 Meeting Date: 4/15/03 Biological preservation efforts by the Cities of Chula Vista and San Diego, and the County of San Diego are also occurring within the Otay River watershed through the Multiple Species Conservation Program (MSCP) and the Otay Valley Regional Park (OVRP) program. The City of Chula Vista is in the process of obtaining permit authority for projects potentially impacting upland sensitive plant and animal species through its MSCP Subarea Plan (Draft adopted by City Council in October, 2000). The SAMP will be a process that will assist the Federal, State and local regulatory agencies with their decision-making and permitting authority to protect aquatic resources, which could include expedited Federal "wetlands" permits, and/or limited review for determination of project(s) compliance. Proposed Otay River Watershed Management Plan The Otay River Watershed Management Plan (WMP) will be developed utilizing a community- based stakeholder method of planning. By looking at the entire watershed, the various agencies can more clearly identify critical areas and practices that need to be targeted for pollution prevention and corrective actions. The objectives of the WMP will include: · Provide an Administrative Structure for future development and implementation of the plan; · Define the geographical boundaries of the watershed; · Describe the natural resource conditions within the watershed; · Describe measurable characteristics for water quality improvement; · Describe methods for achieving and sustaining water quality improvements; · Identify public agencies that would be responsible for implementing the methods describe above; · Provide milestones for implementing the methods described above; · Describe potential monitoring programs designed to measure the effectiveness of the methods described above; · Describe existing programs for protection of natural (aquatic and upland) resources; · Identify existing/proposed flood protection strategies; · Describe compatible public recreation, and other essential public facilities (utilities and infrastructure); and, · Provide an Implementation Strategy for completing the above objectives. The draft work program for the Watershed Management Plan is comprised of six phases. These are summarized below. Phase I: Watershed Program Or£anization - Organization of the Otay River Watershed JEPA; development of the Watershed Management Program; development of the Watershed goals; development of a public outreach program; and, development of timelines, milestones, deliverables and cost estimates. Phase II: Watershed Assessment- Identification of existing and projected watershed conditions, including assessments of natural resources, natural and point/non-point sources of water quality Page 4, Item: / [ Meeting Date: 4/15/03 impacts, hydrologic and hydraulic profiles, and data needs for future detailed studies in watershed restoration; development of a GIS-based inventory of the watershed; and, selection of watershed indicators. Phase III: Watershed Modeling- Evaluation of watershed modeling tools; development of the GIS- based watershed model; numerical characterization of the relative impacts of point and non-point sources on water quality; development of the watershed baseline; development of potential watershed management objectives; evaluation of watershed management objectives using what-if scenarios; development ora watershed protection and restoration strategy; development of strategies for future study; and development of a water quality monitoring strategy. Phase II(' Watershed Management Plan Development - 1) plan development including: documentation of watershed stakeholders, baseline information, modeling and analysis results; development of Implementation Plan and Strategy for watershed protection, 2) public meetings and review of draft Watershed Management Plan; and 3) preparation of Progranunatic EIR/EIS. Phase V: Adoption of the Watershed Management Plan - Completion of Final Draft Watershed Management Plan and adoption of the Watershed Management Plan by all stakeholders. Phase VI: Plan Re-Evaluation - Re-evaluation of the watershed model; development of new strategies, solutions and adjustments to the Watershed Management Plan; and, implementation of the updated Watershed Management Plan. Proposed Cooperative Agreement (CA) for Preparation of Aquatic Resource Identification, Conservation and Management Program for the Otay River Watershed As a result of negotiations between the County of San Diego and the Army Corps of Engineers regarding the potential of preparing a Special Area Management Plan (SAMP), the County has requested that the City of Chula Vista join the County, the Cities of San Diego and Imperial Beach and the Army Corps of Engineers in signing a Cooperative Agreement (CA) for the preparation ora Aquatic Resource Identification, Conservation and Management Program. Through the process of preparing this program a decision will be made whether to pursue the preparation ora Special Area Management Plan (SAMP). The benefits of the Aquatic Resource Identification, Conservation and Management Program and SAMP will be a process that will assist the Federal, State and local regulatory agencies with their decision-making and permitting authority to protect aquatic resources, which could include expedited Federal "wetlands" permits, and/or limited review for determination of project(s) compliance. The County and City of San Diego have been working together with the Army Corps of Engineers, Environmental Protection Agency, and the U.S. Fish and Wildlife Service to establish a work program for a Special Area Management Plan (SAMP), the first phase of which involves the preparation of the Functional Assessment and Delineation. A SAMP is a comprehensive assessment of a geographically sensitive area, which is utilized for providing both natural resource protection Page 5, Item: // Meeting Date: 4/15/03 while allowing reasonable growth. Completing a SAMP for the Otay River Watershed would support multi-jurisdictional efforts towards the regional protection of wetlands and wetland species, restoration of wetlands, as well as the creation of mitigation banks. It would also help to coordinate Endangered Species Act aquatic species coverage with 404 Permit requirements in the future that could include expedited Federal "wetlands" permits and/or limited review for determination of project(s) compliance. Funding Request for a Functional Assessment and Delineation of the Otay River Watershed One of the primary implementation tasks identified as part of the work program for the Aquatic Resoumes Identification, Conservation and Management Program involves the preparation of a Special Area Management Plan (SAMP) by the Army Corps of Engineers. The County of San Diego, acting as the lead agency for the Plan, has requested that the City of Chula Vistaj oin with the County and the City of San Diego in the contribution of fair share funding in order to conduct a Functional Assessment and Delineation of the watershed. This task will constitute the first phase in preparation of the SAMP. The County will be contributing a total of $150,000 as its share of the funding for the Functional Assessment and Delineation, while the City of San Diego will be contributing $75,000. The County has determined that the City's fair share will be $25,000. Because the majority of the river lies within unincorporated lands, the County has taken the lead for local jurisdictions on this project. Federal funds of $1.6 million have been appropriated, through the Army Corps of Engineers for the preparation of SAMPs in San Diego County, a portion of which will be used for the preparation of this SAMP although it is not clear at this time how much of those funds will be used for the Otay River SAMP. The U.S. Army Corps of Engineers will be administering the use of these funds to hire consulting services for the preparation of the Functional Assessment and Delineation. The Board of Supervisors has recently approved entering negotiations for the preparation of portions of the SAMP at a total cost to the County over two years of $900,000. It is not anticipated at this time that the County will request additional funding from the City of Chula Vista, beyond staff time and above the initial $25,000 that is a part of this action. It is expected that the Functional Assessment and Delineation (phase I) will take approximately eleven (11) months to complete, with the overall SAMP taking up to three (3) years to complete. The following represents a draft outline of the overall work program for the SAMP. Phase I: Stakeholder Coordination, Aquatic Resource Functional Assessment and Delineation o Public Involvement o Study Management o Aquatic Resoume Delineation o Functional Assessment Phase II: Development of Management Alternatives and Restoration Plans Page 6, Item: // Meeting Date: 4/15/03 Development of Management Alternatives Development of the Preliminary Restoration Plan Completion of Draft EIS/EIR Phase III: SAMP Implementation o Completion of Final EIS/EIR o Implementation of Memorandum of Agreement o Permitting Process The City of Chula Vista has previously gone through very time consuming and arduous processes in order to obtain "wetlands" permits for projects such as Telegraph Canyon Creek Channel, Olympic Parkway and Salt Creek Sewer. It is expected that future active recreation development and other infrastructure projects within the Otay River Valley and its tributaries will benefit from the assessment through a more cooperative process with permitting agencies. FISCAL IMPACT: The fiscal impact of committing staff resources upon signing of the Joint Exercise of Powers Agreement (JEPA) for the preparation of a Watershed Management Plan for the Otay River watershed and the Cooperative Agreement (CA) for the preparation of a SAMP will include approximately $100,000 in staff time over a three year period, and a payment of $25,000 from the FY 2002-03 Planning and Building Department budget to the County of San Diego. The County of San Diego has received Proposition 13 grant funds totaling $200,000 to cover the first phase of the Watershed Plan and has recently allocated $900,000 for preparation of the SAMP. J:\Planning\MARILYNXOtay River Watershed\Council\Otay Watershed A 113.doc RESOLUTION NO. RESOLUTION OF THE CITY COUNCII~ OF THE CITY OF CHULA VISTA APPROVING A JOINT EXERCISE OF POWERS AGREEMENT (JEPA) WITH THE COUNTY OF SAN DIEGO AND THE CITIES OF IMPERIAL BEACH AND SAN DII~GO AND THE UN~IED PORT DISTRICT FOR THE DEVELOPMENT OF A WATERSHED MANAGEMENT PLAN FOR THE OTAY RIVER WATERSHED AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY WHEREAS, the County of San Diego has requested that the City of Chula Vista participate in the preparation of a Watershed Management Plan for the Otay River sub-basin of the San Diego Bay watershed along with the Cities of Imperial Beach and San Diego and the Unified Port District; and WHEREAS, the above public agencies desire to coordinate the development of a Watershed Management Plan for the Otay River sub-basin of the San Diego Bay watershed for the benefit of their citizens and the public; and WHEREAS, it is believed that joint cooperation and participation among the public agencies will be mutually beneficial and in the public interest; and WHEREAS, said Watershed Management Plan will allow the public agencies to more clearly identify critical areas and practices that need to be targeted for pollution prevention and corrective actions; and WHEREAS, a primary objective of the Watershed Management Plan is to prov/de a method for mutual coordination between the public agencies and their stakeholders; and WHEREAS, the major stakeholders include the Army Corps of Engineers, Environmental Protection Agency, State and Regional Water Quality Control Boards, United States Fish and Wildlife Service, and the California Department of Fish and Game, local jurisdictions, private property owners, and other environmental representatives. NOW, THEREFORE BE IT RESOLVED THAT from the facts presented to the City Council, the Council hereby approved a Joint Exercise of Powers Agreement with the County of San Diego, the Unified Port District of San Diego and the Cities of Imperial Beach and San Diego for the preparation of a Watershed Management Plan for the Otay River watershed. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said Agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by Robert A. Leiter Director of Planning & Building City Attomey J:~PlanninghMARILYN\Otay River Watershed\Council\Watershed Mgmt Plan JEPA Reso.doc //~7 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 Ann Moore City Attorney Dated: /7/~-//~- eP-~ Joint Exercise of Powers Agreement (JEPA) with the County of San Diego and the Cities of Imperial Beach and San Diego and the Unified Port District for the Development of a Watershed Management Plan for the Otay River Watershed. DRAFT 7 Revised 04-03-03 JOINT EXERCISE OF POWERS AGREEMENT AMONG THE COUNTY OF SAN DIEGO, AND THE CITIES OF CHULA VISTA, IMPERIAL BEACH AND SAN DIEGO AND THE SAN DIEGO UNIFIED PORT DISTRICT FOR THE DEVELOPMENT OF A WATERSHEDMANAGEMENT PLAN FOR THE OTAY RIVER THIS AGREEMENT, dated for convenience as of the day of 2003, is entered into by the Cities of Chula Vista, Imperial Beach and San Diego, California municipal corporations; and the County of San Diego, a political subdivision of the State of California, and the San Diego Unified Port District, a public corporation; (collectively, Public Agencies). WITNESSETH WHEREAS, the Public Agencies are each empowered by law to develop watershed management plans; and WHEREAS, the Public Agencies desire to coordinate the development of a single Watershed Management Plan for the entire Otay River hydrologic unit of the San Diego Bay watershed for the benefit of their citizens and the public; and WHEREAS, joint cooperation and participation among the Public Agencies will be mutually beneficial and in the public interest. NOW, THEREFORE, the Public Agencies, agree as follows: SECTION 1. Purpose. This Agreement is made pursuant to the provisions of Article 1, Chapter 5, Division 7, Title 1 of the Government Code of the State of California commencing with Section 6500 relating to the joint exemise of powers common to the Public Agencies. The Public Agencies possess the powers described in the above recitals. The purpose of this Agreement is to jointly develop a Watershed Management Plan (WMP) for the Otay River hydrologic unit of the San Diego Bay watershed which is consistent with the respective Public Agencies' General Plans, meets water quality standards, protects aquatic and upland resources and provides for flood protection, public recreation and essential public facilities, s'mh as utilities and other infrastructure. In addition, the WMP will include an implementation program describing how each signatory public agency could implement the WMP. SECTION 2. Term. This Agreement shall become effective when executed by all of the Public Agencies and shall continue in full force and effect until the WMP has been completed and adopted by each signatory public agency or until this Agreement is terminated by action of the Policy Committee. SECTION 3. Adoption of Watershed Management Plan. After the WMP has been reviewed by the Project Team, the WMP shall be presented to the Policy Committee for its consideration. The Policy Committee shall either approve the WMP or provide direction to the Project Team for making changes to the WMP. If the Policy Committee approves the WMP, it shall then be submitted to each signatory public agency for adoption. Each signatory public agency may adopt the WMP or recommend changes to the Policy Committee. Nothing in this Agreement obligates a signatory public agency to adopt the WMP. SECTION 4. Boundaries. The boundaries of the territory within which the Public Agencies shall exercise their powers under this Agreement shall be the Otay River hydrologic unit of the San Diego Bay watershed as delineated on Exhibit A attached hereto and incorporated herein. Exhibit A identifies the anticipated limits of the Otay River hydrologic unit of the San Diego Bay watershed, but the Public Agencies recognize that minor changes in the boundary of the hydrologic unit may be identified as the WMP is developed. The boundaries of the WMP shall be the same as the boundaries of the Otay River sub-basin. SECTION 5. Policy Committee. A Policy Committee is established consisting of a single representative appointed by each signatory public agency. The Policy Committee shall provide direction to Project Team for administering this Agreement. The representative from the County of San Diego shall be a member of and appointed by the County Board of Supervisors. The representative from the City of Chula Vista shall be a member of and appointed by the City Council. The representative from the City of Imperial Beach shall be a member of and appointed by the City Council. The representative from the City of San Diego shall be a member of and appointed by the City Council. The representative for the Port District shall be a member of and appointed by the District's Board of Port Commissioners. Appointment to the Policy Committee shall be for a term not to exceed the appointee's current term in office. A quorum for the purposes of conducting business will consist of three members of the Policy Committee. In the absence ora quorum, a single member present may move to adjourn. The Policy Committee shall take action only by unanimous consensus of all Policy Committee members. Less than unanimous consent shall be no action. If, upon recommendation of project team, the Policy Committee decides that one or more consultants should be engaged to assist with developing the WMP, the Policy Committee shall recommend that each signatory public agency pay its "fair share" of the cost for the consultant. The Policy Committee shall determine the cost of the consultant(s) and the recommended fair share for each signatory public agency. Each signatory public agency shall then consider its recommended fair share and, if approved by the signatory public agency, said public agency shall pay that amount. All future funding shall be reviewed and approved during the normal budget process of each jurisdiction. The Policy Committee may adopt bylaws, rules and regulations for conducting its meetings and business. The Policy Committee shall conduct regular meetings at least annually and at such other times as the Policy Committee determines or is provided for in its bylaws. Meetings of the Policy Committee shall be subject to the Ralph M. Brown Act (Gov. Code, § 54950 et seq.), which shall govern the proceedings, noticing and general activities of the Policy Committee. SECTION 6. Stakeholder Committee. The Policy Committee may establish, and appoint members to, a Stakeholder Committee. The purpose of the Stakeholder Committee is to advise the Policy Committee and project team on the development of the WMP. Stakeholder Committee members shall serve at the pleasure of the Policy Committee for a term to be set by the Policy Committee. A quorum for the purpose of conducting business shall be a simple majority of the members of the Stakeholder Committee. In the absence of a quorum, a single member may move to adjourn. The Policy Committee may determine how often the Stakeholder Committee shall meet. Meetings of the Stakeholder Committee shall be subject to the Ralph M. Brown Act (Gov. Code, § 54950 et seq.), which shall govern the proceedings, noticing and general activities of the Stakeholder Committee. SECTION 7. Withdrawal From Agreement. Upon provision of 30-days advanced written notice to all of the other signatory agencies, a signatory public agency may withdraw from this Agreement. If a signatory public agency withdraws from 2 //-/0 this Agreement after that signatory public agency has approved its fair share payment of consultant costs, the public agency's withdrawal shall not relieve the public agency from paying its full fair share as approved by each public agency during the normal budget process for each jurisdiction. SECTION 8. Limitation on Powers and Designation of Lead Agency. The powers of the Public Agencies under this Agreement shall be subject to those legal restrictions which the County of San Diego has upon the manner of exercising said power pursuant to Government Code Section 6509. The County of San Diego agrees to act as lead agency for the purpose of scheduling meetings, providing notice of meetings, preparing agendas, recording minutes, maintaining records, entering into and administering contracts approved by the Policy Committee, pursuant to provisions herein, and reporting to the Regional Water Quality Control Board and other appropriate federal and state agencies the progress on and status of the WMP. The County of San Diego shall inform the Policy Committee regarding all actions taken by the County as the Lead Agency. SECTION 9. Privileges and Immunities. All of the privileges and immunities from liability, exemptions from laws, ordinances and rules, all pension, relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any of the Public Agencies when performing their respective functions within their territorial limits, shall apply to them to the same degree and extent while engaged in the performance of any of their functions and duties extra-territorially under this Agreement. SECTION 10. Records and Accounts. The Public Agencies shall be strictly accountable for all funds and shall report all receipts and disbursements made by the Public Agencies in developing the WMP. Expenditures made by each signatory public agency related to this Agreement shall made be in accordance with the respective signatory public agency's rules and regulations. SECTION '11. Notices. Any notice or notices provided or required by this Agreement to be given or served upon the Public Agencies may be given by depositing the same in the United States mail, postage prepaid, addressed to or to such address as the Public Agencies may subsequently specify in writing. Walter F. Chief Administrative Co0nty of San 1600 Pacific San Diego, 92101 Ekard Officer Diego Highway, Room 209 CA David D. City Manager City of Chula Vista 276 Fourth Avenue Chula 91910 Rowlands Jr Vista, CA Michael T. Uberuaga Matt Rodriguez Bruce Hollingsworth City Manager City of San Diego Interim City City of Imperial Manager Beach President]CEO San Diego Unified Port District 202 C Street San Diego, 92101 CA 825 Imperial Beach Imperial 91932 Boulevard Beach, CA 3165 Pacific Hwy San Diego 92101 3 //-// SECTION 12. Governing Law. This Agreement shall in every respect be binding on the parties hereto and their respective successors and assigns. This Agreement shall be governed by the laws of the State of California. SECTION 13. Provisions Required by Law. Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein and the Agreement shall be read and enforced as though it were included herein, and if for any reason any such provision is not inserted, or is not correctly stated, then upon application of any signatory public agency the Agreement shall forthwith be physically amended to make such insertion or correction. SECTION 14. Partial Invalidity. If any provision of this Agreement or the application thereof to any person or circumstances shall to any extent be invalid or unenforceable, the remainder of this Agreement, or the application of such prevision to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each provision of this Agreement shall be valid and shall be enforced to the fullest extent permitted by law. SECTION 15. Future Implementing Agreements. The Public Agencies acknowledge that additional agreements may be necessary in the future to implement some parts of the WMP. This Agreement does not require any signatory public agency to either adopt or implement the WMP after adoption. SECTION 16. Cooperation in Review of Plans and Projects Affecting Study Area. Each signatory public agency shall, in writing, inform the other parties to this Agreement of all plans and projects proposed in the signatory public agency's jurisdiction that may substantially affect the proposed WMP. In addition, each signatory public agency shall allow adequate opportunity whenever possible for the other parties to this Agreement to review and provide comments on any such plans and projects, and shall, in good faith, consider any comments received from the other parties to this Agreement. Plans and documents not subject to disclosure under the Public Records Act shall be exempt from this provision. Section 17. Special Area Management Plan. The Public Agencies acknowledge that the County of San Diego, the cities of San Diego and Chula Vista and the Army Corps of Engineers have executed a Cooperative Agreement for the development of a Special Area Management Plan (SAMP) for the Qtay Watershed. Generally, the SAMP is to be a comprehensive plan for identifying, conserving, restoring and managing the aquatic resources in the Otay Watershed. The Public Agencies do not expect the WMP to conflict with the SAMP. However, if a potential or actual conflict between the two plans arises, the conflict shall be presented to the Policy Committee. The Policy Committee shall work to resolve the conflict in a way that will be consistent with both this Agreement and the memorandum of understanding for the SAMP. If the Policy Committee cannot resolve the conflict in a way that is consistent with both this Agreement and the Cooperative Agreement, the Policy Committee shall refer the conflict to the Executive Committee established under the Cooperative Agreement and request the Executive Committee to recommend a resolution of the conflict. The Policy Committee shall consider the conflict and the recommendation from the Executive Committee, if any, and shall seek to resolve the conflict in a way that is as consistent as possible with both this Agreement and the Cooperative Agreement. SECTION 18, Entire Agreement. This Agreement contains the entire understanding of the parties. No party is relying on any other representation, written or oral. No term or provision of this Agreement may be changed, waived, discharged or terminated unless the same be in writing, signed by all of the Public Agencies. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their proper officers thereunto duly authorized, as of the date first above written. CITY OF SAN DIEGO CITY OF CHULA VISTA By: By: City Manager Mayor Dated: Dated: Attest: City Attorney Attest: City Clerk COUNTY OF SAN DIEGO CITY OF IMPERIAL BEACH By: By: Chief Administrative Officer Mayor Dated: Dated: SAN DIEGO UNIFIED PORT DISTRICT Attest: City Clerk By: President/CEO Dated: 5 I1--1 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A COOPERATIVE AGREEMENT (CA) BETWEEN THE COUNTY OF SAN DIEGO, THE CITY OF SAN DIEGO, THE CITY OF IMPERIAL BEACH AND THE UNITED STATES ARMY CORPS OF ENGINEERS REGARDING THE DEVELOPMENT OF A SPECIAL AREA MANAGEMENT PLAN (SAMP) FOR THE OTAY RIVER AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT ON BEHALF OF THE THE CITY. WHEREAS, the Cotmty of San Diego, City of San Diego, City of Imperial Beach and the Army Corps of Engineers, have established a draft scope of work for the preparation of an Aquatic Resource Identification, Conservation and Management Program ("Management Program") for the Otay River watershed; and, wHEREAS, said Management Program is an implementation component of the Otay River Watershed Management Plan addressing aquatic resources; and, WHEREAS, the County of San Diego has requested that the City of Chula Vista join the City of San Diego, the City of Imperial Beach and the Army Corps of Engineers in the signing of a Cooperative Agreement (CA) for said Management Program; and, WHEREAS, the Management Program will be assessed after completion of a Functional Assessment and Delineation ("Assessment") of the Otay River watershed to determine whether a Special Area Management Plan ("SAMP") will be prepared which would support multi- jurisdictional efforts towards the regional protection of wetlands and wetland species, including their restoration; and, WHEREAS, future active recreation and infrastructure wetland permits within the Otay River Valley may benefit from the results of said Assessment and/or ultimate SAMP; and, WHEREAS, the County of San Diego will contribute $150,000 and the City of San Diego $75,000 for their share of funding for preparing said Assessment; and, WHEREAS; the County of San Diego has also requested that the City of Chula Vista contribute a total of $25,000 as a fair share contribution toward said Assessment of the Otay River watershed. NOW THEREFORE BE IT RESOLVED that the City Council of the City of Chul3 Vista does hereby approve a Cooperative Agreement with the County of San Diego, the City of San Diego, the City of Imperial Beach and the United States Army Corps of Engineers regarding the development of an Aquatic Resource Identification, Conservation and Management Program for the Otay River watershed. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does authorize the payment of $25,000 from the Planning and Building Department 2002-03 Budget to the County of San Diego as a fair share contribution toward assessment of the Otay River watershed. BE IT FURTHER P,_ESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said Agreement for and on behalf of the City of Chula Vista. Presented by Robert A. Leiter Planning and Building Director Approved as to form City Attorney J:~PlanningWiARILYN~Otay River Watershed\CounciI\Otay SAMP Rcso.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 Ann Moore City Attorney Dated: Cooperative Agreement (CA) between the County of San Diego, The City of San Diego, The City of Imperial Beach and The United States Army Corps of Engineers regarding the Development of a Special Area Management Plan (SAMP) for the Otay River //-/& DRAFT 16 COOPERATIVE AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO, CITY OF SAN DIEGO, CITY OF CHULA VISTA, CITY OF IMPERIAL BEACH AND THE UNITED STATES ARMY CORPS OF ENGINEERS REGARDING THE DEVELOPMENT OF A SPECIAL AREA MANAGEMENT PLAN FOR THE OTAY WATERSHED IN SAN DIEGO COUNTY, CALIFORNIA This Cooperative Agreement ("CA" or "Agreement") entered into as of this __ day of __ 2003 is made between the County of San Diego ("County"), City of San Diego, City of Chula Vista, City of Imperial Beach ("Cities") and the United States Army Corps of Engineers ("Corps"), specifically the Regulatory Branch of the Corps (collectively, the "Parties"). I. BACKGROUND A. The purpose of this CA is to establish a collaborative relationship between the County, the Cities and the Corps, to jointly develop comprehensive approaches to conserve and restore important aquatic resources in the Otay River Watershed ("Watershed") in San Diego County and to streamline regulatory compliance under section 404 of the Clean Water Act ("CWA"). The CA identifies the goals and objectives of this program and defines the respective roles and responsibilities of the Parties in undertaking this effort. The Parties anticipate that this process will result in a Special Area Management Plan ("SAMP") that addresses identification, conservation, restoration, and management of the aquatic resources of this Watershed. B. The Otay River Watershed was selected by the Parties because of its ecological significance to the region, its vulnerability to increasing growth and development pressures in the area, and its relationship to regional conservation plans developed under the Natural Communities Conservation Planning ("NCCP") program. The Parties recognize the value of jointly taking steps to ensure proper stewardship and effective management of this resource in a manner that reflects the range of interests potentially affected by this program. C. The Otay River Watershed spans nearly 100,000 acres in the southwestern portion of San Diego County. Extending east to west for 25 miles and reaching laterally about 10 miles, the Watershed consists of short streams, broad valleys, and a coastal plain (mesa). The major tributaries to the Otay River include Dulzura and Jamul Creeks. The Watershed is characterized by a rich assortment of vegetative communities, including riparian and coastal sage scrub, woodlands, chaparral, native and annual grassland, freshwater marshes, coastal salt marshes, saltpan, vernal pools and open waters. //-/7 D. The Watershed also supports a remarkable diversity of plant and animal species, among the highest concentration in North America, many of which require the protection of state and federal endangered species laws. Among the rare and sensitive species in the Watershed are the Least Bell's vireo, Willow flycatcher, Cooper's hawk, Yellow warbler, Green heron, Black shouldered kite, Yellow breasted chat, California least terns, and a variety of breeding shore and marine birds. In addition, the Otay Mesa vernal pools support several unique and endangered species, including the San Diego fairy shrimp, Otay Mesa mint, little mousetail and spreading navarretia. E. The land within the Watershed is owned by both public and private landowners. Much of the private holdings are within the Otay Ranch development project. Local, state, and federal agencies manage large areas of the Watershed, including land within the Bureau of Land Management's Wilderness Area and the National Wildlife Refuge as well as properties acquired and managed by California Department of Fish & Game, the County and the Cities. F. San Diego County has been engaged for the past ten years in developing and implementing a landmark plan to protect its diverse and sensitive species and natural communities. On October 22, 1997, the County Board of Supervisors approved its Multiple Species Conservation Program ("MSCP") Subarea Plan, as did the San Diego City Council on March 18, 1997 and the Chula Vista City Council on October 17, 2000 approved their draft MSCP plan, providing for the long-term conservation of a range of rare and endangered species and their habitats throughout the southern portion of the County, including several aquatic species in the Otay Watershed. The scope of this planning effort, however, did not include a comprehensive approach to the preservation of wetlands and other aquatic resources. G. Recognizing the need to move forward with comprehensive planning for these aquatic resources, the County and the City of San Diego jointly formed a Wetlands Task Force to identify and consider innovative approaches to enhance the protection and management of wetlands and streamline wetlands permitting under section 404 of the CWA. The Task Force selected the Otay Watershed for a pilot study and committed funding and other resources to evaluate innovative approaches, including SAMPs, to meet these objectives. H. As an initial step in this effort, the Corps worked with the Wetlands Task Force to begin to identify potential mechanisms and strategies for the conservation of these aquatic resources. The development of a SAMP was one such approach discussed by the group. In response, the Corps prepared a draft "Scope of Work" for the preparation of a SAMP with the understanding that any steps toward the development of a SAMP would be assessed on an ongoing basis by the participants. Many of the tasks identified in the Scope of Work are intended to help establish baseline information and analysis about the Otay Watershed and, as such, will be part a work plan carried out pursuant to this CA. 2 I, The Parties intend for this planning effort to achieve the following objectives: Preservation, restoration, and enhancement of aquatic resoumes in the Otay Watershed in a manner that ensures no net loss of functions and values, improves water quality, reduces flood hazards and provides for the long-term management of the aquatic ecosystem; Development of a streamlined, predictable and cost efficient approach to local, state and federal regulatory permitting as it relates to aquatic resources; · Accommodation of reasonable recreation, development, infrastructure and other economic activities; Targeted acquisitions of land and conservation easements to advance the preservation of important resources within the Watershed through local, state, federal, and private sources of funding. J. The Corps recognizes that the County and the Cities are pursuing a comprehensive planning program for the Otay Watershed for a range of environmental concerns of which the conservation of aquatic resources described in this CA is but one part. The County and the Cities anticipate the development of plans for the Watershed that will address issues concerning water quality, storm water management, recreational needs, and other relevant issues. To the extent that information, data and analysis generated as part of this effort will be beneficial to the development of a multi- faceted approach to Watershed needs, the Corps will work cooperatively with the County and the Cities to provide and share such information. K. The Parties anticipate and encourage the participation in this planning process of other jurisdictions with land use authority over areas within the Watershed. As these jurisdictions choose to participate, they will be added as signatories to this CA. To accomplish these goals and objectives, the Parties hereby agree to the following: II. PROGRAM DEVELOPMENT A. Role of the Parties. The Parties to this Agreement will collaborate on the development and implementation of strategies and approaches designed to achieve the goals envisioned by this CA. The County, the Cities, and, subject to the availability of funding and budgetary priorities, the Corps will each assign a project manager to jointly administer the program. Initially, the Parties will have the following specific responsibilities: //-/f Army Corps of Engineers. The Corps will assume the role of the lead federal agency for developing and implementing a conservation and management strategy for the Otay Watershed. The role of the Corps will include participation in an Executive Committee and Coordination Team to provide policy guidance and technical and regulatory expertise to the process. The Corps will manage the development of data and information, studies and analysis, including aquatic resource delineations and functional assessments. County and other Participating Jurisdictions. The County will assume responsibility for overseeing the management of the SAMP program on behalf of the participating jurisdictions. The local participating jurisdictions will assist the Corps, upon mutual agreement, in gathering data and information and undertaking study and analysis of the resources of the Watershed necessary to provide a scientifically sound basis for an aquatic resources conservation program. The jurisdictions may also develop information to supplement and support the planning effort. The jurisdictions will work with the Corps to assess the various alternative approaches and strategies that may be implemented to achieve comprehensive conservation of the Watershed. B. Manaqement Structure. To maintain ongoing involvement and coordination among the Parties and other supporting state and federal agencies with jurisdiction over aquatic resources, the Parties to this CA will establish an Executive Committee and a Coordination Team with the following roles and responsibilities. The County will assume the lead role in convening meetings of these committees: Executive Committee. Given the innovative and complex nature of this effort, as well as its relationship to the County's overall program for the Otay Watershed, the Parties agree to form and participate in a senior- level Executive Committee. The Executive Committee will include the District Engineer for the Corps and equivalent-level managers from other supporting agencies as well as senior managers from the jurisdictions with decision-making authority over matters to be addressed through this planning program. The Committee will meet on an "as needed" basis to make determinations about policy, budget and other issues and to bring resolution to any issues brought forward by the Coordination Team. Membership will be solicited of agencies with an interest in Watershed issues, including the following: U.S. Environmental Protection Agency U.S. Fish and Wildlife Service Bureau of Land Management California Department of Fish & Game 4 Regional Water Quality Control Board; Coordination Team. The Coordination Team will consist of representatives from state and federal agencies and the participating jurisdictions, including designated project managers, who have day-to- day responsibility for the management of this program. The Team will meet on a regular basis to discuss overall program objectives and strategies, scientific and technical needs and requirements, budget and funding, schedules and milestones and other matters concerning the development and implementation of approaches to the conservation of the Watershed. In addition, the Parties intend that informal discussions among the Team will occur on a frequent basis to ensure ongoing progress. C. Phased Development of the Plan. The Parties will proceed with a phased approach to the planning effort. In identifying the elements of each phase, the Parties will seek to consolidate activities that collectively will produce outcomes of independent value and utility in achieving the goals of the program. Phase I. The planning effort will begin with the development of information and data, and studies and analysis of the resources comprising the Watershed. Phase I will include a comprehensive planning level identification and delineation of waters of the United States, including wetlands, followed by functional assessments to determine the integrity of the aquatic resources. Phase I will also include evaluation of cultural resources, and determination of baseline conditions in anticipation of the preparation of environmental review under NEP^ and CEQA. ,At the completion of Phase I, a final written report, including maps and GIS databases, will be prepared. The report will include a description of methodologies; discussion and characterization of each of the regional wetland subclasses; summary of field data; and descriptions of assessment indicators, metrics, and indices; Subsequent Phases. Upon nearing completion of Phase I of the SAMP, the Parties will evaluate the studies produced, and confer on the nature and scope of subsequent program phases, if any, to be undertaken. Any subsequent phase will be oriented toward achieving the goals of aquatic resource conservation and regulatory permitting. The development of a SAMP would require a number of additional steps, including identification and analysis of alternatives; approaches to avoidance, minimization, and mitigation for unavoidable losses of waters of the United States; plans for restoration of resources; NEPA and CEQA compliance; and an aquatic resources management program. It is the intention of the Parties that an outcome of the 5 SAMP will be the issuance of permits for those covered activities that are in full compliance with the requirements of section 404 of the CWA. D. Public Participation. The Parties recognize the value of developing any such plans through a participatory process that ensures ample opportunity for public input and comment. The participants will convene a "Working Group," consisting of responsible organizations and individuals in the region who have an interest in the outcome of this specific effort. The Parties will jointly establish criteria under which membership will be determined. The Working Group will meet on a regular basis and will be chaired by the Corps and the County. In addition, during the course of the planning effort, public workshops/meetings will be held to inform interested stakeholders of the status and progression of the program and to obtain comments, feedback and individual recommendations. It is anticipated that information provided by members of the group will be furnished individually and not on a collective basis. III. PROGRAM FUNDING AND IMPLEMENTATION A. Budqet and Fundinq. The Parties will jointly develop a work plan and budget for each fiscal year for the life of the planning effort. As part of this process, the Parties will reach agreement on cost-sharing responsibilities among the participants for the various elements of the program. In addition, the Parties will identify and work to secure public and private sources of funding to develop and implement a plan. With respect to the activities contemplated by Phase I, the Parties agree that funding will be provided in the following manner: Phase I. The County and the cities of San Diego and Chula Vista agree to jointly contribute a total of $250,000 ($150,000 from the County, $75,000 (expires June 2004) from the City of San Diego, and $25,000 from Chula Vista) to help fund Phase I studies, analyses and related tasks that will be carried out by the participating jurisdictions. In addition, the Parties agree that a portion of the $500,000 federal appropriation for fiscal year 2001 and the $1 million appropriation for fiscal year 2002 to the Corps for Watershed planning purposes in San Diego County should be directed to these Phase I tasks as well. The Par[les will work to develop a work plan that details the tasks and assigns responsibilities to the participants for the various program elements; Subsequent Phases. Upon agreement on the nature and scope of subsequent phases, the Parties will utilize any remaining funds to jointly establish and implement a work plan based on available resources. Future contributions among the Counties and the Cities, if necessary, will be determined during the normal budget cycles of each of the jurisdictions. In addition, the Parties will collaborate on efforts to obtain additional funding, if necessary, to complete these subsequent phases. B. Clean Water Action Plan. Pursuant to the federal Clean Water Action Plan's "Unified Federal Policy for a Watershed Approach to Federal Land and Resource Management," the Parties to this Agreement will work with federal agencies to ensure coordination and collaboration between federal efforts underway consistent with this policy and the efforts contemplated by this CA. If appropriate, formal agreement may be entered into to solidify and clarify these relationships, in addition, in the event that the County develops a local Action Plan for the Otay Watershed pursuant to this federal program, the Corps will provide the County with technical assistance in that effort. C. Upon provision of 30 days advanced written notice to all of the other signatories, any party may withdraw from this Agreement. If the County or any of the Cities withdraws from this Agreement after the participating jurisdictions have jointly reached agreement on cost-sharing responsibilities, the jurisdiction's withdrawal shall not relieve it from its obligation to pay its full fair share of those costs as approved by each public agency during the normal budget process for each jurisdiction. IV. REGULATORY ACTIVITIES A. The SAMP will be designed to provide the basis for regulatory permitting under section 404 for a variety of ongoing and future activities occurring within the Watershed. Such activities may include, but not be limited to, development and maintenance of public and private infrastructure projects, including storm water management facilities, and the construction of other public and private development projects. Permits that may be supported by the SAMP include Regional General Permits, Letters of Permission, modified Nationwide Permits, and standard individual permits. The Parties recognize that nothing in this Agreement shall obligate the Corps to issue permits for activities proposed in this Agreement; rather, permits will be issued only after full compliance with all applicable statutory and administrative requirements. 7 V. ENTIRE AGREEMENT This Agreement contains the entire understanding of the parties. No party is relying on any other representation, written or oral. No term or provision of this Agreement may be changed, waived, discharged or terminated unless the same be in writing, signed by all of the Public Agencies. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their proper officers thereunto duly authorized, as of the date first above written. UNITED STATES ARMY CORP OF ENGINEERS COUNTY OF SAN DIEGO By: District Engineer Dated: CITY OF SAN DIEGO By: Chief Administrative Officer Dated: CITY OF IMPERIAL BEACH By: City Manager Dated: Attest: City Attorney By: Mayor Dated: Attest: City Clerk CITY OF CHULA VISTA By: Mayor Dated: Attest: City Clerk COUNCIL AGENDA STATEMENT Item: Meeting Date: 04/15/03 ITEM TITLE: Resolution Accepting a $20,000 Grant for the Life Options Program and an Intergenerational Program fi.om the County of SanDiego, Aging and Independence Services awarded to the Recreation Department, approving an agreement between the City and the County, authorizing the Mayor to execute said agreement, and amending the FY03 Recreation Department budget by appropriating unanticipated revenue of $20,000 BY: Buck Martin, Director of Recreatioq/'~/[~ SUBMITTED REVIEWED BY: City Manager ~-9~',)'''/ 4/Sths Vote: (Yes X No J At the beginning of this fiscal year, the Senior Section of the Recreation Department collaborated with Southwestern College on a $20,000 grant awarded by the County of San Diego, Aging and Independence Services (AIS) to develop a Life Options Program. Due to the success of the program, Aging and Independence Services has awarded the Recreation Department an additional $10,000. These funds will be used to continue the efforts to promote and develop the Life Options Program. The Senior Section has also collaborated with the Chula Vista Elementary School District (CVESD) and has been awarded $10,000 to help coordinate the development of an lntergenerational Program of Parking Lot Greeters in three elementary schools and the development of volunteer opportunities that would be listed on the website Volunteermatch.com. In order to receive the $20,000 grant, the City must enter into an agreement with the County regarding these two programs. STAFF RECOMMENDATION: That the Council adopt the resolution accepting a $20,000 Grant for the Life Options Program and an Intergenerational Program fi.om the County of San Diego, Aging and Independence Services awarded to the Recreation Department, approving an agreement with the County, authorizing the Mayor to execute said agreement, and amending the FY03 Recreation Department budget by appropriating unanticipated revenue of $18,000 for Supplies and Services and $2,000 for Capital Equipment. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: Life Options Continuin~ Grant The intent of the Life Options Continuing Grant is to provide additional fimding for the Recreation Department to continue development of the Life Options Program and Annex that provides citizens /2't Item: /~ Meeting Date: 04/15/03 50 - 65 who are retiring or nearing retirement with opportunities that can make their retirement time more meaningful. To date, this is the only such center in the U.S.~ The concept of the Life Options Program is a focused determination to make the latter third of life productive, satisfying and rewarding. Now that the website has been developed, this $10,000 in funding will be used for contracting a project coordinator, providing additional marketing of the program, training of volunteers, installing signage, and contracting for website hosting. Funding will be provided on a reimbursement basis, and is available until June 30, 2003. The Norman Park Center supervisor will provide administrative oversight, with 10% of the grant total authorized for this purpose. The City will continue to provide use of the City facility and associated utility costs. Inter~enerational Prom:am Grant The Department will be partnering with the Elementary School District to provide senior volunteers for a school parking lot greeter program. The concept of Parking Lot Greeters has been used successfully at several Chula Vista elementary schools including Rohr and Loma Verde. The school designated Parking Lot Greeters will serve as "cheerful valets" to help greet children as they are dropped off at school each morning. Life Options can offer a viable solution to the availability of volunteers, as there may be seniors in every neighborhood willing to volunteer. In addition to the greeter programs, this partnership will facilitate the development of meaningful volunteer opportunities in the schools. Existing volunteer opportunities will be submitted to Volunteermatch.com. Administrative staff in the schools will be informed of the Life Options South Bay Program's volunteer potential and be given guidance in the development of new volunteer opportunities. This project will develop three fully operating greeter programs, at schools to be selected by the District, and a model for additional schools interested in neighborhood schools safety, while at the same time clearly displaying the tremendous value of utilizing intergenerational community support for strengthening positive outcomes. The District will be responsible for developing the greeter program and overseeing a program coordinator.2 The City will be responsible for providing volunteers and helping promote other volunteer opportunities for seniors at the schools. Funds will also be used to purchase supplies and to provide administrative oversight, for which 10% of the total grant amount has been authorized. The role of the coordinator will be to work with three school communities through their parent ~ According to SANDAG, it is anticipated that the 50 65 age group in Chula Vista will increase by 128% from 2000 to 2010. Statistically, this segment of the population is more educated, financially secure and retiring earlier than past generations. This generation will spend more years in retirement than any previous generation and they are potentially a tremendous resource to our community. This population will also have new demands for service as compared to the seniors of past generations. Research published by the National Council on Aging has indicated that many Baby Boomers will want assistance with second career job training and choose to participate in a variety of learning opportunities. Item: /~ Meeting Date: 04/15/03 organizations and governance councils to develop site-specific plans for implementation and sustainability of the greeter program. The school resource officers will be consulted to design traffic patterns appropriate to each school. The coordinator will serve as a resource and advisor during the implementation stages with the specific intent of establishing ownership for the project at each site - providing development, implementation, functionality and sustainability. Additionally, the coordinator will facilitate the inclusion of existing volunteer opportunities onto the Volunteermatch website and assist the school administrative staff in the development of new volunteer opportunities to be added to Volunteermatch. In doing so, the coordinator will enhance the volunteer offerings available through the Life Options South Bay web site and create an awareness of the tremendous potential older adults in the community offer to the schools. FISCAL IMPACT: The Life Options Continuing Grant award of $10,000 and the Intergenerational Program Grant award of $10,000 will provide the necessary funds for supplies and services, and must be spent by June 30, 2003. The City will receive $10,000 for the Life Options grant portion. The City will serve as the fiscal agent for the $10,000 Intergenerational Program portion, with $6,500 being paid to the Chula Vista Elementary School District, and $3,500 being paid to the City. RESOLUTION NO. 2003- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A $20,000 GRANT FOR THE LIFE OPTIONS PROGRAM AND AN INTERGENERATIONAL PROGRAM FROM THE COUNTY OF SAN DIEGO, AGING AND INDEPENDENCE SERVICES, AWARDED TO THE RECREATION DEPARTMENT, APPROVING AN AGREEMENT BETWEEN THE CITY AND THE COUNTY, AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT, AND AMENDING THE FISCAL YEAR 03 RECREATION DEPARTMENT BUDGET BY APPROPRIATING UNANTICIPATED REVENUE OF $20,000. WHEREAS, at the beginning of this fiscal year, the Senior Section of the Recreation Department collaborated with Southwestern College on a $20,000 grant awarded by the County of San Diego, Aging and Independence Service (AIS) to develop a Life Options Program; and WHEREAS, due to the success of the program, Aging and Independence Services has awarded the Recreation Department an additional grant in the amount of $10,000; and WHEREAS, these funds will be used to continue the efforts to promote and develop the Life Options Program; and WHEREAS, the Senior Section has also collaborated with the Chula Vista Elementary School (CVESD) and has been awarded a $10,000 grant to help coordinate the development of an Intergenerational Program of Parking Lot Greeters in three elementary schools and the development of volunteer opportunities that would be listed on the website Volunteermatch.com.; and WHEREAS, in order to receive the $20,000 grant, the City must enter into an agreement with the County regarding these two pro~'ams. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby accept a $20,000 Grant for the Life Options Program and an lntergenerational Program Grant from the County of San Diego, Aging and Independence Services awarded to the Recreation Department. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby approve an Agreement between the City and County, a copy of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized to execute said Agreement on behalf of the City of Chula Vista. BE IT FURTHER RESOLVED that the Fiscal Year 03 Recreation Department budget is hereby amended by appropriating unanticipated revenue of $20,000. Presented by Buck Martin Director of Recreation Approved as to form by C'~A~tomey J:xAttomey\RESO\GRANTS\Life Options RECREATION.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 Dated: COUNTY AGREEMENT WITH THE CITY OF CHULA VISTA LIFE OPTIONS PROGRAM TO DEVELOP AN INTERGENERATIONAL AND LIFE OPTIONS PROJECT COUNTY CONTRACT NUlVIBER AGREEMENT WITH THE CITY OF CHULA VISTA LIFE OPTIONS PROGRAM TO DEVELOP AN INTERGENERATIONAL AND LIFE OPTIONS PROJECT IN CONJUNCTION WITH AGING AND INDEPENDENCE SERVICES This Contract ("Contract") is made and entered into on the effective date identified on the signature page by and between Aging & Independence Services, a political subdivision of the State of Califorma ("County") and the City of Chula Vista, 270 F Street, Chula Vista, CA 91940, with reference to the following facts: RECITALS A. The County, by action of the Board of Supervisors A-87 pohcy, Paragraph 1-C, which states classes of procurements which are exempt from the requirement for competition are that '~procurement from other government agencies and from competitive contracts awarded by other government agencies, when the price can be determined fair and reasonable ", authorized the Purchasing and Contracting Deputy Director, pursuant to Article XXIII, Section 401 of the Administrative Code, to award a contract for the development of an intergenerational and life options program between the City of Chula Vista Life Options and Intergenerational Programs. B. Contractor is specially trained and possesses certain skills, experience, education and competency to perform these services. C. The contract shall consist of this pro forma contract, Exhibit A Statement of Work, Exhibit B Insurance Requirements and Exhibit C, Budget, and Exhibit D, Conflict of Interest Declaration. NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: ARTICLE 1 PERFORMANCE OF WORK 1.1 Standard of Performance. Contractor shall, in good and workmanlike manner and in accordance with the highest professional standards, at its own cost and expense, furnish all of the labor, technical, administrative, professional and all other personnel, all supplies and materials, equipment, printing, transportation, facilities, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by County, necessary or proper to perform and complete the work and provide the services required of Contractor by this Contract. 1.2 Contractor's Rel~resentative. Contractor's duties under this Contract shall be performed on behalf of the Contractor by the person identified on the signature page. ("Contractor's Representative"); Contractor represents and warrants that (1) Contractor's Representative has fulfilled all applicable requirements of the laws of the State of California to perform the services under this Contract and (2) Contractor's Representative has full authority to act for Contractor hereunder. Contractor and Connty recognize that the services to be provided by Contractor's Representative pursuant to this Contract are unique: accordingly, Contractor's Representative shall not be changed during the Term of the Contract without County's wri~en consent. County reserves the tight to ternUnate this Contract pursuant to Clause 7.1, below, "Termination for Default", if Contractor's Representative should leave Contractor's employ, or if, in County's judgment, the work hereunder is not being performed by Contractor's Representative. 1.3 Contractor as Indenendent Contractor. Contractor is, for all purposes of this Contract, an independent contractor, and neither Contractor nor Contractor's employees or subcontractors shall be deemed to be employees of the County. Contractor shall perform its obligations under this Contract according to the Contractor's own means and methods of work which shall be in the exclusive charge and under the control of the Contractor, and which shall not be subject to control or supervision by County except as to the results of the work. Neither Contractor nor Contractor's employees or subcontractors shall be entitled to any benefits to which County employees are entitled, including without limitation, overtime, retirement benefits, workers' compensation benefits and injury leave. 1.4 Contractor's Agents and Emolovees or Subcontractors. Contractor shall obtain, at Contractor's expense, all agents, employees and subcontractors required for Contractor to perform its duties under this Contract, and all such services shall be performed by Contractor's Representative, or under Contractor's Representatives' supervision, by persons authorized by law to perform such services. Retention by Contractor of any agent, employee or subcontractor shall be at Contractor's sole cost and expense, and County shall have no obligation to pay Contractor's agents, employees or subcontractors; to support any such person's or entity's claim against the Contractor; or to defend Contractor against any such claim. City of Chula Vista 1 /~ 7 COUNTY CONTRACT NUMBER AGREEMENT WITH THE CITY OF CHULA VISTA LIFE OPTIONS PROGRAM TO DEVELOP AN INTERGENERATIONAL AND LIFE OPTIONS PROJECT 1N CONJUNCTION WITH AGING AND INDEPENDENCE SERVICES ARTICLE 2 SCOPE OF WORK 2.1 Statement of Work. Contractor shall perform the work described in the "Statement of Work" attached as Extfibit "A" to this Contract, and by this reference incorporated herein, except for any work therein designated to be performed by County. 2.2 Right To Acquire Equil~ment and Services. Nothing in this Contract shall prohibit the County from acquiring the same type or equivalent equipment and/or service from other sources, when deemed by the County to be in its best interest. 2.3 Respomibilitv For Equipment. For cost reimbursement contracts, County shall not be responsible nor be held liable for any damage to persons or property consequent upon the use, misuse, or failure of any equipment used by Contractor or any of Conttactor's employees, even though such equipment may be furnished, rented, or loaned to Contractor by County. The acceptance or use of any such equipment by Contractor or Contractor's employees shall be construed to mean that Contractor accepts full responsibility for and agrees to exonerate, indemnify and hold harmless County from and against any and all claims for any damage whatsoever resulting from the use, misuse, or failure of such equipment, whether such damage be to the employee or property of Contractor, other contractors, County, or other persons. Equipment includes, but is not limited to material, computer hardware and software, tools, or other things. 2.3.1 Contractor shall repair or replace, at Contractor's expense all County equipment or fixed assets that are damaged or lost as a result of Contractor negligence. 2.4 Non-Expendable ProperO/ Acquisition. County retains title to all non-expendable property, which Contractor may acquire with funds from this Agreement if payment is on a cost reimbursement basis, including property acquired by lease purchase agreement. Contractor may not expend funds under this Agreement for the acquisition of non-expendable property having a unit cost of $5,000 (except Child Abuse Prevention and Intervention Treatment funded) or more and a normal life expectancy of more than one year without the prior written approval of Contracting Officer Technical Representative. Contractor shall maintain an inventory of non-expendable equipment, including dates of purchase and disposition. Inventory records on expendable equipment shall be retained, and shall be made available to the County upon request, for at least three years following date of disposition. ARTICLE 3 TERM OF CONTRACT: COUNTY'S OPTIONS TO EXTEND THE TERM 3.1 Contractor shall satisfactorily complete all tasks required by this Contract during the period commencing upon the Effective Date, which is defmed as the date that this Contract is executed on behalf of the County, and ending on the date shown on the signature page. This Contract may be extended at the sole option of the County as shown on the signature page. 3.2 Such options to extend the term shall be exercised by delivery to Contractor of written notice thereof ten (10) days prior to expiration of the then current term. ARTICLE 4 COMPENSATION 4.1 A description of how compensation shall be paid is on the signature page. The County is precluded from making payments prior to receipt of services (advance payments). The County will accept invoices for progress payments and, if approved, will reimburse the Contractor up to 90% of the value of services received. Invoices are subject to the following requirements: 4.1.1 Original invoices shall be submitted monthly, or at the completion of each phase or task, or at contract completion to: COUNTY AUDITOR AND CONTROLLER, 1600 PACIFIC HIGHWAY, ROOM 306 SAN DIEGO, CA 92101 4.1.2 A copy of the invoice shall be submitted to the COTR. 4.1.3 The invoice shall specify items and deliverables for all services described in the "Statement of Work" cit~ of Chula Vista 2 COUNTY CONTRACT NUMBER AGREEMENT WITH THE CITY OF CHULA VISTA LIFE OPTIONS PROGRAM TO DEVELOP AN INTERGENERATIONAL AND LIFE OPTIONS PROJECT IN CONJUNCTION WITH AGING AND INDEPENDENCE SERVICES 4.1.4. Payment shall be Net 30 Days fi:om receipt and approval of invoice unless otherwise stated. Discounts will be calculated from receipt of services or invoice, whichever is later. 4.2 Availability of Funding, The County's obligation for payment of any contract beyond the cra'rent fiscal year and is cuntmgent upon the availability of funcYmg from which payment can be made. No legal liability on the part of the County shall arise for payment beyond June 30 of the calendar year unless funds are designated by the County and are made available for such performance. 4.3 Disallowance. In the event the Contractor receives payment for services under this contract which is later disallowed by the County, Contractor shall promptly refund the disallowed amount to County on request, or at its option, County may offset the amount disallowed from any payment due or to become due to Contractor under any contract with the County. 4.4 Maximum Price. During the performance period of this Contract, the maximum price for the items and/or services shall not exceed the lowest price at which Contractor then offers the items and/or services to its most favored customer. ARTICLE 5 CONTRACT ADMINISTRATION 5.1 County's Contract Administrator. The Deputy Director of Purchasing and Contracting is designated as the contracting officer ("Contracting Officer") and is the only County official authorized to make any Changes to this Contract. The County has designated the individual identified on the signature page as the Contracting Officer's Technical Representative ("COTR") 5.1.1 County's COTR will chair Contractor progress meetings and will coordinate County's contract administrative functions. The COTR is designated to receive and approve Contractor invoices for payment, audit and inspect records, inspect Contractor services, and provide other technical guidance as required. The COTR is no~t authorized to change any terms and conditions of this Contract. Only the Contracting Officer, by issuing a properly executed amendment to this Contract, may make changes to the scope of work or total price. 5.1.2 Notwithstanding any provision of this Contract to the contrary, County's COTR may make Administrative Adjustments ("AA") to the contract, such as line item budget changes or adjustments to the service reqnlrements, which do not change the purpose or intent of the Statement of Work, the Terms and Conditions, the contxact period or the total contract price. Each AA shall be in writing and signed by COTR and Contractor. All inquiries about such AA will be referred directly to the COTR. 5.2 Contract Progress Meeting. The COTR and other County personnel, as appropriate, will meet periodically with the Contractor to review the contract performance. At these meetings the COTR will apprise the Contractor of how the County views the Contractor's performance and the Contractor will apprise the County of problems, if any, being experienced. The Contractor shall also notify the Contracting Officer (in writing) of any work being performed, if any, that the Contractor considers being over and above the requirements of the contract. Appropriate action shall be taken to resolve outstanding issues. The minutes of these meetings will be reduced to writing .a~.d signed by the COTR and the Contractor. Should the Contractor not concur with the minutes, the Contractor shall set out in writing any area of disagreement. Appropriate action will be taken to resolve any areas of disagreement. ARTICLE 6 CHANGES 6.1 Contracting Officer. The Contracting Officer may at any time, by a written order, make changes ("Changes"), within the general scope of tiffs contract, in the definition of services to be performed, and the time (i.e.) hours of the day, days of the week, etc.) and place of performance thereof. If any such Change causes an increase or decrease in the cost of, or the time reqfftred for, the performance of any part of the work under this contract, whether changed or not changed by an such order, an equitable adjustment shall be made in the contract price or delivery schedule, or both, and the contract shall be modified in writing accordingly 6.2 Claims. Contractor must assert any claim for adjustment under this clause within 30 days fi.om the date of receipt by the Contractor of the notification of Change; provided, however, that the Contracting Officer, if he decides that the facts justify such action, may receive and act upon any such claim asserted at any time prior to final payment under this Contract. Where COUNTY CONTRACT NUMBER AGREEMENT WITH THE CITY OF CHULA VISTA LIFE OPTIONS PROGRAM TO DEVELOP AN INTERGENERATIONAL AND LIFE OPTIONS PROJECT IN CONJUNCTION WITH AGING AND INDEPENDENCE SERVICES the cost of property made obsolete or excess as a result of a change is included in the Contractor's claim for adjustment, the Contracting Off.acer shall have the right to prescribe the manner of disposition of such property. Failure to agree to any adjustment shall be a dispute concerning a question of fact wffiUn the mean/rig of the clause of this Contract entitled "Disputes" (Article 15). However, nothing in this clause shall excuse the Contractor from proceeffmg with tiffs Contract as changed. ARTICLE 7 TERMINATION 7.1 Termination For Default. Upon Conlmctor's breach of this Contract, County shall have the right to terminate this Contract, in whole or part. Prior to termirmtion for default, County will send Contractor written notice specifying the cause. The notice will give Contractor 10 days from the date the notice is issued to cure the default or make progress satisfactory to County in curing the default, unless a different time is given in the notice. If County detemames that the default contributes to the curtailment of an essential service or poses an unmediate threat to life, health or property, County may terrmnate th/s Contract immediately upon issuing oral or ~witten notice to the contractor without any prior notice or opportunity to cure. In the event of termination under this Article, all fmishad or unfinished documents, and other materials, prepared by Contractor under this Contract shall become the sole and exclusive property of County. In the event of such termination, the County may purchase or obtain the supplies or services elsewhere, and Contractor shall be liable for the difference between the prices set forth itl the terminated order and the actual cost thereof to the County. The prevailing market price shall be considered the fair repurchase price. 7.1.1 If, after notice of termination of this Contract under the provisions of this clause, it is determined for any reason that the Contractor was not in default under the provisions of this clause, the rights and obligations of the parties shall, if this Contract contains a clause providing for termination for convenience of the County, be the same as if the notice of termination had been issued pursuant to such clause. 7.2 Termination For Convenience. The County may, by written notice stating the extent and effective date, terminate this Contract for convenience in whole or in part, at any time. The County shall pay the Contractor as full compensation for performance until such termination: 7.2.1 The unit or pro rata price for any delivered and accepted portion of the work. 7.2.2 A reasonable amount, as costs of terndnation, not otherwise recoverable from other sources by the Contractor as approved by the County, with respect to the undelivered or unaccepted portion of the order, provided compensation hereunder shall in no event exceed the total price. 7.2.3 In no event shall the County be liable for any loss of profits on the resulting order or portion thereof so terminated. 7.3 Remedies Not Exclusive. The rights and remedies of County provided in this article shall not be exclusive and are in addition to any other rights and remedies provided by law or under rssulting order. ARTICLE 8 COMPLIANCE WITH LAWS AND REGULATIONS 8.1 Compliance with Laws and Regulations. Contractor shall at all times perform its obligations hereunder in compliance with all applicable federal, State, and County laws and regulations. 8.2 Contractor Permits and License. Contractor shall obtain and maintain, at no cost to the County, all approvals, permissions, permits, licenses, and other forms of documentation required in order to comply with all existing foreign or domestic statutes, ordinances, and regnlatious, or other laws, that may be applicable to performance of services hereunder. The County reserves the fight to reasonably request and review all such applications, permits, and Iicenses prior to the commencement of any services hereunder. 8.3 Equal Oppormmtv. Contractor shall comply with the provisions of Title VII of the Civil Rights Act of 1964 in that it will not discriminate against any individual with respect to his or her compensation, terms, cunditio~, or privileges of employment nor shall Contractor discriminate in any way that would deprive or intend to deprive any individual of city of Chula Vista 4 /7 -/0 COUNTY CONTRACT NUMBER AGREEMENT WITH THE CITY OF CHULA VISTA LIFE OPTIONS PROGRAM TO DEVELOP AN INTERGENERATIONAL AND LIFE OPTIONS PROJECT IN CONJUNCTION WITI-I AGING AND INDEPENDENCE SERVICES employment opportunities or otherwise adversely affect his- or her stares as an employee because of such individual's race, color, religion, sex, national origin, age, handicap, medical condition, sexual orientation or marital starts. 8.4 Affn'mative Action. Each Contractor of services and supplies employing fit~een (15) or more full-time permanent employees, shall comply with the Affirmative Action Program for Vendors as set forth in Article IIIK (commencing at Section 84) of the San Diego County Admiinst~ative Code, which program is incorporated herein by reference. A copy of this Affn-mative Action Program will be furnished upon request by COTR or from the County of San Diego Internet website (www.co.san-diego.ca.us). 8.5 Drag and Alcohol-Free Workvlace. The County of San Diego, in recognition of individual rights to work in a safe, healthful and productive work place, has adopted a requirement for a drug and alcohol free work place, County of San Diego Drug and Alcohol Use Policy C-25. This policy provides that all County-employed contractors and Contractor employees shall assist in meeting this requirement. 8.5. I As a material condition of this Contract, the Contractor agrees that the Contractor and the Contractor employees, while performing service for the County, on County property, or while using County equipment: 8.5.1.1 Shall not be in any way impaired because of being under the influence of alcohol or a drug. 8.5.1.2 Shall not possess an open container of alcohol or consume alcohol or possess or be under the influence of an illegal drag. 8.5.1.3 Shall not sell, offer, or provide alcohol or a drag to another person; provided, however, that the foregoing restriction shall not be applicable to a Contractor or Contractor employee who as part of the performance of normal job duties and responsibilities prescribes or administers medically prescribed drags. 8.5.2 Contractor shall inform all employees who are performing service for the County on County property or using County equipment of the County objective of a safe, healthful and productive work place and the prohibition of drag or alcohol use or impairment from same while performing such service for the County. 8.5.3 The County may term/narc for default or breach this Contract, and any other Contract the Contractor has with the County, if the Contractor, or Contractor employees are determined by the Contracting Officer not to be in compliance with the conditions listed herein. 8.6 Board of Supervisors' Policies. Contractor represents that it is familiar, and shall use its best efforts to comply, with the following policies of the Board of Supervisors: Board Policy B-67, which encourages the County's contractors to offer products made with recycled materials, reusable products, and products designed to be recycled to the County in response to the County's requirements; and Board Policies B-53 and B-39a, which encourage the participation;of small and disabled veterans' business enterprises in County procurements. 8.7 Cartwrivht Act. Following receipt of final payment under the Contract, Contractor assigns to the County all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright act (Chapter 1) (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the Contractor for sale to the County under this Contract. ARTICLE 9 CONFLICTS OF INTERESTi CONTRACTOR'S CONDUCT 9.1 Conflicts of Interest. Contractor presently has no interest, including but not limited to other projects or independent contracts, and shall not acquire any such interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this contract. The Contractor shall not employ any person having any such interest in the performance of this Contract. 9.2 Conduct of Contractor: Privileged Information. City of Chula Vista 5 COUNTY CONTRACT NUMBER AGREEMENT WITH THE CITY OF CHULA VISTA LIFE OPTIONS PROGRAM TO DEVELOP AN INTERGENERATIONAL AND LIFE OPTIONS PROJECT IN CONJUNCTION WITH AGING AND INDEPENDENCE SERVICES 9.2.1 Contractor shall inform the County of ail the Contractor's interests, if any, winch are or which the Contractor believes to be incompatible with any interests of the County. 9.2.2 The Contractor shall not, under circumstances that might reasonably be interpreted as an atterrrpt to influence the recipient in the conduct of his duties, accept any gratuity or special favor fi.om individuals or organizations with whom the Contractor is doing business or proposing to do business, in accomplishing the work under tins Contract. 9.2.3 Contractor shall not use for personal gain or make other improper use of privileged information, which is acquired in connection with ins employment. In this connection, the term "privileged information" includes, but is not limited to, unpublished information relating to technological and scientific devel- opment; medical, personnel, or security records of the individuals; anticipated materials requirements or pricing actions; and knowledge of selections of contractors or subcontractors in advance of official 9.2.4 The Contractor, or employees thereof, shall not offer directly or indirectly gifts, gratuity, favors, entertainment, or other items of monetary value to an employee or official of the County. 9.3 ~Prohibited Contracts. As required by Section 67 of the San Diego County Administrative Code, Contractor certifies that it is not in violation of the provisions of Section 67, and that Contractor is not, and will not subcontract with, any of the following: 9.3.1. 9.3.2 Persons employed by County or of public agencies for which the Board of Supervisors is the governing body. Profit-making In'ms or businesses in which employees described in sub-section 9.3.1, above, serve as officers, principals, partners, or major shareholders; 9.3.3 Persons who, within the immediately preceding twelve (12) months came within the provisions of the above sub-sections and who (1) were employed in positions of substantial responsibility in the area of service to be performed by the contract, or (2) participated in any way in developing the contract or its service specifications; and 9.3.4 Profit-making £mms or businesses in which the former employees described in sub-section 9.3.3 above, serve as officers, principals, partners, or major shareholders. ARTICLE 10 INDEMNITY AND INSURANCE 10.1 Indemmw. County shall not be liable for, and Contractor shall defend and indemnify County and the employees and agents of County (collectively "County Parties"), against any and all claims, demands, liability, judgments, awards, fines, mechanics' liens or other liens, labor disputes, losses, damages, expenses, charges or costs of any kind or character, including attorneys' fees and court costs (hereinafier collectively referred to as "Claims"), related to this Contract and arising either directly or indirectly from any act, error, omission or negligence of Contractor or its contractors, licensees, agents, servants or employees, including, without limitation, Claims caused by the concurrent negligent act, error or omission, whether active or passive, of County Parties. Contractor shall have no obligation, however, to defend or indemmfy County Parties fi.om a ClaimCif it is determined by a court of competent jurisdiction that such Claim was caused by the sole negligence or willfial misconduct of County Parties. 10.2 Insurance.. Prior to execution of tins contract, Contractor must obtain at its own cost and expense, and keep in force and effect during the term of tins contract, including all extensions, the insurance specified in Exhibit "B," "Insurance Requirements," attached hereto. ARTICLE 11 AUDIT AND INSPECTION OF RECORDS The County shall have the audit and inspection rights described in this section. 11.1 Cost or Pricing, Data. If the Contractor submitted cost or pricing data in connection with the pricing of tins Contract or any change or modification thereto, unless such pricing was based on adequate price competition, established catalog or market prices of commercial items sold in substantial quantities of the general public, or prices set by law or regulation, the Contracting Officer or his representatives who are employees of the County or its agent shall have the right to examine all books, records, documents and other data of the Contractor related to the negotiation pricing City of Chula Vista 6 COUNTY CONTRACT NUMBER AGREEMENT WITH THE CITY OF CYIULA VISTA LIFE OPTIONS PROGRAM TO DEVELOP AN INTERGENERATIONAL AND LIFE OPTIONS PROJECT IN CONJUNCTION WITH AGING AND INDEPENDENCE SERVICES or performance of such contract, change or modification, for the purpose of evaluating the accuracy, completeness and currency oftha cost or pricing data submitted. 11.2 Availability. The materials described above shall be made available at the office of the Contractor, at all reasonable times, for inspection, audit or reproduction, until the expiration of 3 years from the date of f'maI payment under this contract, or by section 11.2.1 and 11.2.2, below: 11.2.1 If this contract is completely or partially terminated, the records relating to the work terrnmated shall be made available for a period of three years from the date of any resulting £mal settlement. 11.2.2 Record which relate to appeals under the "Disputes" clause of this contract, or litigation or the settlement of claims arising out of the performance of this contract, shall be made available until such appeals, litigation, or claims have been disposed of, or three years alter contract completion, whichever is longer. 1 t.3 Subcontracts. The Contractor shall insert a clause containing all the provisions of this Article 11 in all subcontracts hereunder except altered as necessary for proper identification of the contracting parties and the contracting officer under the County's prime contract. ARTICLE 12 INSPECTION OF SERVICE 12.1 Subiect to Inspection All performance (including services, materials, supplies and equipment furnished or utilized in the performance of this Contract, and workmanship in the performance of services) shall be subject to inspection and test by the County at all times during the term of this Contract. Contractor shall cooperate with any inspector assigned by the County to permit the inspector to deterafine whether Contracto/'s performance conforms to the requirements of this Contract. County shall perform such inspection in a manner as not to unduly interfere with Contractor's performance. 12.2 Specification and Requirements. If any services performed by Contractor do not conform to the specifications and requirements of this Contract, County may require Contractor to re-perform the services until they conform to said specifications and requirements, at no additional cost, and County may withhold payment for such services until Contractor correctly performs them. When the services to be performed are of such a nature that Contractor's cannot correct its performance, the County shall have the right to (1) require the Contractor to immediately take all necessary steps to ensure future performance of services conforms to the requirements of this Contract, and (2) reduce the contract price to reflect the reduced value of the services received by County. In the event Contractor fails to promptly re-perform the services or to take necessary steps to ensure that future performance of the service conforms to the specifications and requirements of this Contract, the County shall have the right to either (l) without terminating this Contract, have the services performed, by contract or otherwise, in conformance with the specifications of this Contract, and charge Contractor, and/or withhold from payments due to Contractor, any costs incurred by County that are directly related to the performance of such services, or (2) terrrdnate this Contract for default. ARTICLE 13 USE OF DOCUMENTS AND REPORTS 13.1 Findinffs Confidential. Any reports, hffomaation, data, etc., g~ven to or prepared or assembled by Contractor under this Contract which the County requests to be kept as confidential shall not be made available to any individual or organization by the Contractor without the prior written approval of the County. 13.2 Publication, Reproduction or Use of Materials. No material produced, in whole or in part, under this Contract shall be subject to copyright in the Uaited States or in any other country. The County shall have unrestricted authority to publish, disclose, distribute and otherwise use, in whole or in part, any reports, data or other materials prepared under this Contract. All reports, data and other materials prepared under this Contract shall be the property of the County upon completion of this Contract. ARTICLE 14 RESERVED ARTICLE 15 DISPUTES City of Chula Vista 7 COUNTY CONTRACT NUMBER AGREEMENT WITH THE CITY OF CHULA VISTA LIFE OPTIONS PROGRAM TO DEVELOP AN INTERGENERATIONAL AND LIFE OPTIONS PROJECT IN CONJUNCTION WITH AGING AND INDEPENDENCE SERVICES 15.1 Notwithstanding any provision of this Contract to the- contrary, the Contracting Officer shall decide any dispute concerning a question of fact arising out of this Contract that is not otherwise disposed of by the parties within a reasonable period of time. The decision of the Contracting Officer shall be f'mai and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, capricious, arbitrary or so grossly erroneous as necessarily to haply bad faith. Contractor shall proceed diligently with its perfommnce hereunder pending resolution by the Contracting Officer of any such dispute. Nothing herein shall be construed as granting the Contracting Officer or any other administrative official, representative or board authority to decide questions of law. ARTICLE 16 GENERAL PROVISIONS 16.1 Assignment and Subcontracting. Contractor shall not assign any interest in this contract, and shall not transfer any interest in the same (whether by assignment or novation), without the prior written consent of the County; County's consent shall not be unreasonably withheld. The Contractor shall make no contract with any party for furnishing any of the work or services herein contained without the prior written approval of the COTR. 16.2 Contingency. This Contract shall bind the County only following its approval by the Board of Supervisors or when signed by the Purchasing and Contracting Deputy Director. 16.3 Entire Agreement. Tins Contract, together with all Sections ai~ached hereto and other agreements expressly referred to herein, constitute the entire agreement between the parties with respect to the subject matter contained herein. All prior or contemporaneous agreements, understandings, representations, warranties and statements, oral or written, including any proposals from Contractor and requests for proposals from County, are superseded. 16.4 Sections and Exhibits: Ali sections and exhibits referred to herein are attached hereto and incorporated by reference. 16.5 Further Assurances: Parties agree to perform such further acts and to execute and deliver such additional documents and instruments as may be reasonably required in order to carry out the provisions of this Contract and the intentions of the parties. 16.6 Govemine Law: This Contract shall be governed, interpreted, construed and enforced in accordance with the laws of the State of California. 16.7 Headings: The Article captions, Clause and Section headings used in this Contract are inserted for convenience of reference only and are not intended to define, limit or affect the construction or interpretation of any term or provision hereof. 16.8 Modification; Waiver Except as otherwise provided in Article 6, "Changes," above, no modification, waiver, amendment or discharge of this Contract shall be valid unless the same is in writing and signed by both parties. 16.9 Neither Party Considered Drafter. Despite the possibility that one party may have prepared the initial draft of this Contract or played the greater role in the physical preparation of subsequent drafts, neither party shall be deemed the drafter of this Contract and that, in construing this Contract in case of any claim that any provision hereof may be ambiguous, no such provision shall be construed in favor of one party on the ground that such provision was drafted by the other. _ 16.10 No Other Inducement: The rn~king, execution and delivery of this Contract by the parties hereto have been induced by no representations, statements, warranties or agreements other than those expressed herein. 16.11 Notices. Notice to either party shall be in writing and either personally delivered or sent by certified mail, postage prepaid, return receipt requested, addressed to the party to be notified at the address specified herein. Any such notice shall be deemed received on the date of personal delivery to the party (or such party's authorized representative) or tb_ree (3) business days after deposit in the U.S. Mail, as the case may be to the COTR and Contractor's Representative identified on the signature page. 16.12 Severabilit~. If any term, provision, covenant or condition of this Contract is held to be invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the remainder of this Contract shall not be affected thereby, and each term, provision, covenant or condition of this Contract shall be valid and enforceable to the fullest extent permitted by law. Cig, of Chula Vista 8 THE 16.13 16.I4 16.15 16.16 COUNTY CONTRACT NUMBER AGREEMENT WITH CITY OF CHULA VISTA LII~'E OPTIONS PROGRAM TO DEVELOP AN INTERGENERATIONAL AND LIFE OPTIONS PROJECT IN CONJUNCTION WITH AGING AND INDEPENDENCE SERVICES Successors. Subject to the limitations on assignment set forth in Clause 16.1 above, all terms of this Contract shall be binding upon, inure to the benefit of, and be enforceable by the patties hereto and their respective heirs, legal representatives, successors, and assigns. Time. Time is of the essence of each provision of this Contract. Tiure Period Comoutation. All periods of time referred to in this Contract shall include all Saturdays, Sundays and state or national holidays, unless the period of time specifies business days, provided that if the date or last date to perform any act or give any notice or approval shall fall on a Saturday, Sunday or State or national holiday, such act or notice may be timely performed or given on the next succeeding day which is not a Saturday, Sunday or State or national holiday. Waiver. The waiver by one party of the performance of any term, provision, covenant or condition shall not invalidate this Contract, nor shall it be considered as a waiver by such party of any other term, provision, covenant or condition. Delay by any party in pursuing any remedy or in insisting upon full performance for any breach or failure of any term, provision, covenant or condition shall not prevent such party from later pursuing remedies or insisting upon full performance for the same or any similar breach or failure. City of Chula Vista 9 COUNTY CONTRACT NUMBER AGREEMENT WITH THE CITY OF CHULA VISTA LIFE OPTIONS PROGRAM TO DEVELOP AN INTERGENERATIONAL AND LIFE OPTIONS PROJECT IN CONJUNCTION WITH AGING AND INDEPENDENCE SERVICES SIGNATIfRE PAGE CONTRACT TERM. This contract shall be effective tins April I, 2003 and end on June 30, 2003. COTR. The County has designated the following individual as the Contracting Officer's Technical Representative ("COTR") COMPENSATION: Pursuant to Extfibit C, County agrees to pay Contractor a sum not to exceed twenty thousand dollars ($20,000) for the initial term of this contract in accordance with the method of payment stipulated m Article 4. Pamela B. Smith 9335 Hazard Way San Diego, CA 92123 858.495.5858 telephone/858.495.5080 fax psmithsa~co, san-diego, ca. us CONTRACTOR'S REPRESENTATIVE. The Contractor has designated the following individual as the Contractor's Representative. Karen Harvell City of Chula Vista 276 4'h Street Chula Vista, CA, 92171 1N WITNESS WHEREOF, County and Contractor have executed this Contract effective as of the date first set forth above. COUNTY OF SAN DIEGO Steve Padilla City of Chula Vista By: WINSTON F. McCOLL, Director Department of Purchasing and Contracting By: Steve Padilla, Mayor City of Chula Vista Date: Date: Reviewed by: Chula Vista City Attorney Date: Date CiW of Chula Vista 10 COUNTY CONTRACT NUMBER AGREEMENT WITH THE CITY OF CHinA VISTA LIFE OPTIONS PROGRAM TO DEVELOP AN INTERGENERATIONAL AND LIFE OPTIONS PROJECT IN CONJUNCTION WITH AGING AND INDEPENDENCE SERVICES SECTION A INTERGENERATIONAL PROYECTS STATEMENT OF WORK I. Background The Intergenerational Program, a division of Aging & Independence Services, promotes appreciation of multiple-age interactive settings, and establishes partnerships between individuals, agencies, and corporations in strengthening the social bonds that exist between persons in different stages of life. This program provides opportunities for older people to meet the responsibilities to future generations, and, in many cases, to give meaning to their lives in their latter years. This program also provides oppommities for youth and other age groups to exercise a sense of so~ial responsibility. Aging & Independence Services is seeking to form a partnership with City of Chula Vista to educate the community about the value of youth and elders as corjtributing members of society and to assist with increasing community awareness about, and take action on, issues that affect both young and old. The City of Chula Vista intergenerational Parking Lot Greeter program is committed to addressing the increased traffic created at their schools, as more and more parents are concerned about the safety of their children to and from school and elect to drive their children. A traffic pattern will be established that allows for the parents to drop off their children in a designated area where they would be welcomed by an older adult volunteer who would open the passenger door, and wish them a good day. The concept of Parking Lot Greeters has been used successfully at several schools. In addition to the development of the Intergenerational Program, Aging & Independence Services will continue a collaborative effort with the City of Chula Vista Life Options, and Southwestern College or the continuation of the Life Options Program. The Life Options Program is a program of opportunities for adults who are retiring or nearing retirement and who want to make sure their lives sparkle with enjoyment, and their retirement time is filled with meaningful conWibutions that enhance the community and make a positive difference in individual lives. The theme of Life Options is a focused determination to make the latter third of life productive, satisfying and rewarding. Life Options is a resource for learning opportumties and a resource for channeling skills and talents into significant community service. Volunteer opportunities (including positions with stipends) may include working with children in hospitals, day care centers, schools, after-school programs, sports, physical activities, mentofing, tutoring, teaching, and coaching. Other opportunities include second career information and training, community projects, neighborhood enhancement, and health and wellness education. The Life Options Program will be a welcoming place for participants to get resource information about volunteering oppornmities and share ideas about community enhancement programs. Ih Tasks and Deliverables · Develop Parking Lot Greeter Programs in three elementar,z ~ch~ools that do not currently have a greeter program; These schools would be selected based upon needs, resources and community support: · Coordinate and develop volunteer oppommities in the three schools that would be listed on Volunteermatch. com.; · Working with the schools to list volunteer opportunities; · Develop volunteer opportunities in the elementary schools in conjunction with the Life Options Program; · Create volunteer manual and annex operations guidelines for the Life Options Program; · Purchase sign for Life Options Annex; and · Develop promotional materials for the Life Options Program. III. Outcomes The development of the three Parking Lot greeter Programs will create a model for implementation into other schools, as well as a vehicle for replication in other school Districts. The Programs will clearly display the tremendous value of utilizing intergenerational community support for strengthening positive outcomes. In addition to the greeter programs, this partnership with the Life Options Program will facilitate the development of meaningful volunteer opportunities in the elementary schools, and the creation of a volunteer manual and annex operation guidelines. City of Chula Vista 11 ly-/7 COUNTY CONTRACT NUMBER AGREEMENT WITH THE CITY OF CHULA VISTA LIFE OPTIONS PROGRAM TO DEVELOP AN INTERGENERATIONAL AND LIFE OPTIONS PROJECT IN CONJUNCTION WITH AGING AND INDEPENDENCE SERVICES IV. Period of Pefformance April 1,2003 through June 30, 2003. V. AlS/Contact The Contractor's primary contact for the task definition, h~formation, county assistance, review and approval is Marcie Erickson, Intergenerafional Coordinator. City of Chula Vista COUNTY CONTRACT NUMBER AGREEMENT WITH THE CITY OF CI-FULA VISTA LIFE OPTIONS PROGRAM TO DEVELOP AN INTERGENERATIONAL AND LIFE OPTIONS PROJECT IN CONJUNCTION WITH AGING AND INDEPENDENCE SERVICES oP. EXHIBIT "B" INSURANCE REOUIREMENTS Required General Liability Insurance Coverage. Consultant shall procure either Comprehensive General Liability Insurance or Commercial General Liability Insurance in the amounts and form set forth below: (1) Conmrehensive General Liability Insurance. A policy of Comprehensive General Liability Insurance with a combined single limit (CSL) per occurrence of not less than $1,000,000 per occurrence; (2) Commercial General Liability Insurance. A policy of CotrunerciaI General Liability Insurance whicb provides limits of not less than: (a) Per Occurrence: (b) General Aggregate: (c) Products/Completed Operations: (d) Personal & Advertising Injury limit: $1,000,000 $2,000,000 $1,000,000 $1,000,000 For either type of insurance, deductibles shall be d~clared to and approved by the County's Risk Manager. (3) Required General Liability Policy Coverage. Any general liability policy provided by Consultant hereunder shall include the following coverage: (a) (b) (c) (d) Premises and Operations Products/Completed Operations with lirmts of at least one million dollars ($1,000,000) per occurrence to be maintained for three (3) years following Acceptance of the work by the County Contractual Liability expressly including liability assumed under the Contract. Independent Consultants' Liability (4) Additional Insured Endorsement. Any general liability policy provided by Consultant hereunder shall contain an endorsement which applies its coverage to the County, the members of the Board of Supervisors of the County and the officers, agents, employees and volunteers of the County, individually and collectively, as additional insured's. (5) Primary Insurance Endorsement. The coverage .a.ffo. rded by the additional insured endorsement described above shall apply as primary insurance, and any other ~nsurance maintained by the County, the members of the Board of Supervisors of the County, or its officers, agents, employees and volunteers, or any County self- funded program, shall be excess only and not contributing with such coverage. (6) Form of General Liability Insurance Policies. All general liability policies shall be written to apply to all bodily injury, including death, property damage, personal injury and other covered loss, however occasioned, occUrring during the policy term, and shall specifically insure the performance by Consultant of that part of the indemnity agreement contained in the Contract relating to liability for injury to or death of persons and damage to property. If the coverage contains one or more aggregate limits, a minimum of 50% of any such aggregate limit must remain available at all times; if over 50% of any aggregate limit has been paid or reserved, County may require additional coverage to be purchased by Consultant to restore the required limits. Consultant may combine primary, umbrella and as broad as possible excess liability coverage to achieve the total limits indicated above. Any umbrella or excess liability policy shall include the Additional Insured Endorsement described above. COUNTY CONTRACT NUMBER AGREEMENT WITH THE CITY OF CHULA VISTA LIFE OPTIONS PROGRAM TO DEVELOP AN INTERGENERATIONAL AND LIFE OPTIONS PROJECT IN CONJUNCTION WITH AGING AND INDEPENDENCE SERVICES (7) Waiver of Subrogation. Consultant and Cdunty release each other, and their respective authorized representatives, fro.m any Claims (as defined in the Article entitled "Indemnity" of the Contract), but only to the extent that the proceeds received from any policy of liability insurance carried by County or Consultant, other than any self-insurance, covers any such Claim or damage. Included in any policy or policies of liability insurance provided by Consultant hereunder shall be a standard waiver of rights of subrogation against County by the insurance company issuing said policy or policies. B Comprehensive Automobile Liability Insurance. Consultant shall procure Comprehensive Automobile Liability Insurance written for bodily injury, including death, and property damage, however occasioned, occurring during the policy term, in the amount of not less than One Million Dollars ($1,000,000), combined single limit per occurrence, applicable to all owned, non-owned and hired vehicles. This coverage shall include contractual liability. Statutory Workers' Compensation and Employer's Liability Insurance. Unless the Consultant is a sole proprietorship, Consultant shall maintain a policy of California Workers' Compensation coverage in statutory amount and Employer's Liability coverage for no less than one million dollars ($1,000,000) per occurrence for all employees of Consultant engaged in services or operations under the Contract. Coverage shall include a Waiver of Subrogation endorsement, copy of which shall be provided to the County _SubConsultants' Insurance. Consultant shall make certain that any and all subConsultants h/red by Consultant are insured to current industry standards for foma and limits. If any subConsultant's coverage does not comply with the foregoing provisions, Consultant shall indemnify and hold Owner harmless of and from any damage, loss, cost, or expense, including attorneys' fees, incurred by Owner as a result thereof. Consultant shall include subConsultants under its policies or shall furnish separate certificates of insurance and endorsements for each subConsultant.. In addition to the foregoing, Consultant shall make certain that any and all subConsultants performing any excavation of the Project have Explosion, Collapse and Underground Damage Liability Insurance and coverage in the amount of at least One Million Dollars ($1,000,000) per occurrence. E. _General Provisions. (1) (2) Evidence of Insurance. Consultant shall, as soon as practicable following the placement of insurance required hereunder, but in no event later than the effective date of the Contract, deliver to Cmmty certified copies of the policies of insurance required hereunder, together with appropriate separate endorsements thereto, evidencing that Consultant has obtained such coverage for the period of the Contract. Consultant shall deliver certified copies of the actual insurance policies specified herein, within thirty days after commencement of work. Thereafter, copies of renewal policies, or certificates and appropriate separate endorsements thereof, shall be delivered to County within thirty (30) days prior to the expiration of the term of any policy required herein. Consultant shall permit County at all reasonable times to inspect any policies of insurance of Consultant that Consultant has not delivered to County. Claims Made Coverage. If coverage is written on a "claims made" basis, the Certificate of Insurance shall clearly so state. In addition to the coverage requirements specified above, such policy shall provide that: (a) The policy retroactive date coincides with or precedes Consultant's cmranencement of work under the Contract (including subsequent policies purchased as renewals or replacements). (b) Consultant will make every effort to maintain similar insurance during the required extended period of coverage following expiration of the Contract, including the requirement of adding all additional insured's. (c) If insurance is terrmnated for any reason, Consultant shall purchase an extended reporting provision of at least two years to report claims arising in connection with the Contract. (d) The policy allows for reporting of circumstances or incidents that might give rise to future claims. city of Chula Vista 14 12 - po COUNTY CONTRACT NUMBER AGREEMENT WITH THE CITY OF CHULA VISTA LIFE OPTIONS PROGRAM TO DEVELOP AN INTERGENERATIONAL AND LIFE OPTIONS PROJECT IN CONJUNCTION WITH AGING AND INDEPENDENCE SERVICES (3) Failure to Obtain or Maintain Insurance; County's Remedies. Consultant's failure to procure the insurance specified herein, or failure to deliver certified copies or appropriate certificates of such insurance, or failure to make the premium payments required by such insurance, shall constitute a material breach of the Contract, and County may, at its option, terminate the Contract for any such defauk by Consultant. (4) No Limitation of Obligations. The foregoing requirements as to the types and limits of insurance coverage to be maintained by the Consultant, and any approval of said insurance by the County or its insurance Consultant(s), are not intended to and shall not in any mamaer limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to the Contract, including, but not limited to, the provisions concerning indemnification. (5) Notice of Cancellation or Chan~e of Coverage. Ali certificates of insurance provided by Consultant must evidence that the insurer providing the policy will give County thirty (30) days' written notice, at the address shown in the section of the Contract entitled "Notices," in advance of any cancellation, lapse, reduction or other adverse change respecting such insurance. (6) Oualifving Insurers. All policies of insurance required hereby shall be issued by companies which have been approved to do business in the State of California by the State Department of Insurance, and which hold a current policy holder's alphabetic and financial size category rating of not less than A, VII according to the current Best's Key Rating Guide, or a company of equal financial stability that is approved in writing by County's Risk Manager. (7) Review of Coverage. County shall retain the right at any time to review the coverage, form and amount of insurance required herein and may require Consultant to obtain insurance reasonably sufficient in coverage, form and amount to provide adequate protection against the kind and extent of risk which exists at the time a change in insurance is required. (8) Self-Insurance. Consultant may, with the prior written consent of County's Risk Manager, fulfill some or all or the insurance requirements contained in the Contract under a plan of self-insurance. Consultant shall only be permitted to utilize such self-insurance, however, if, in the opinion of County's Risk Manager, Consultant's (i) net worth, and (ii) reserves for payment of claims of liability against Consultant, are sufficient to adequately compensate for the lack of other insurance coverage required by the Contract. Consultant's utilization of self-insurance shall not in any way limit liabilities assumed by Consultant COUNTY CONTRACT NUMBER AGREEMENT WITH THE CITY OF CHULA VISTA LIFE OPTIONS PROGRAM TO DEVELOP AN INTERGENERATIONAL AND LIFE OPTIONS PROJECT IN CONJUNCTION WITH AGING AND INDEPENDENCE SERVICES "EXHIBIT C" BUDGET PROGRAM BUDGET Description Cost Life Options Project Coordinator Life Options Volunteer Program Volunteer supplies lntergenerational Contractual Services (staffing, advertising) Professional Services (website hosting) Printing and Binding {bookmarks) Office Supplies (pens, paper, binders, disks, pencils) Commodities (promotional items) Equipment (signage) Total $8,000 $1,000 $1,000 4,540 2,160 800 200 30O 2,000 20,000 COUNTY CONTRACT NUMBER AGREEMENT WITH THE CITY OF CHULA VISTA LIFE OPTIONS PROGRAM TO DEVELOP AN INTERGENERATIONAL AND LIFE OPTIONS PROJECT IN CONJUNCTION WITH AGING AND INDEPENDENCE SERVICES "EXHIBIT "D" CONFLICT OF INTEREST DECLARATION The California Political Reform Act (Government Code section 81000 - 91015) (the "Act") provides that individuals who, under contract, provide kfformafion, advice, recommendation or counsel to a local government agency are deemed to be "public officials" subject to the conflict-of-interest provisions of the Act. In the opinion of County Counsel, individuals performing the services contemplated under the Agreement on behalf of Consultam will be deemed to be public officials for purposes of the Act. Section 87100 of the Act prohibits public officials from participating in making, or in any way attempting to use their position to influence, a governmental decision in which they know, or have reason to know, that they have a direct or indirect financial interest. For purposes of the Act, a public official has a financial interest in a decision if it is reasonably foreseeable that the decision will have a material financial effect on: Any business entity in which the public official has a direct or indirect investment worth one thousand dollars ($1,000) or more. Any real property in which the public official has a direct or indirect interest worth one thousand dollars ($1,000) or more. Any source of income (with certain exceptions) aggregating two hundred and fifty dollars ($250) or more in value received or promised to be received witlfin twelve (12) months prior to the time when the decision is made. Any business entity in which the public official is a director, officer, parmer, t~ustee, employee, or holds any position of management. Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating two hundred and fifty dollars ($250) or more in value provided to, received by, or promised to the public official within twelve (12) months prior to the time that the decision is made. For purposes of applying these criteria, the term "indirect investment or interest" means any investment or interest owned by the spouse or dependent child of a public official, by an agent on behalf of a public official, or by a business entity or trust in which the official, the official's agents, spouse and dependent children own directly indirectly, or beneficially, a 10 percent interest or greater. . I hereby acknowledge that I have read and understand the above and certify that any work to be performed by me on the project identified below will not constitute a conflict of interest under the Act. PROJECT NAME: Ciw of Chula Vista Date: COUNCIL AGENDA STATEMENT Item: 13 Meeting Date: 04/15/03 ITEM TITLE: SUBMITTED BY: REVIEWED BY: Resolution Amending the FY03 Recreation Department budget by appropriating $2,000 in uanticipated revenues from Performing and Visual Arts Task Force Grant Funds to the Recreation Department for an Arts Program Director of Recreatio~ cay ~wanager ?~ ~ (4/5ths Vote: Yes X No ) The Recreation Department was awarded $2000 in Performing and Visual Arts Task Force Grant funds for FY2002-03 via the City's Office of Cultural Arts. The funds will be used for presenting Young Audiences of San Diego Educational Performances at Chula Vista Recreation Centers for the fiscal year. RECOMMENDATION: That the City Council adopt the resolution amending the FY03 Recreation Department budget by appropriating $2,000 in Supplies and Services based on unanticipated revenues from Performing and Visual Arts Task Force Grant Funds. BOARDS/COMMISSION RECOMMENDATION: N/A DISCUSSION: The Department submitted an application to the Office of Cultural Arts .requesting $2,000 in funding from Performing and Visual Arts Task Force funds for the FY2002-03 funding cycle? The grant was part of the overall Visual and Performing Arts Task Force program for FY2002- 03, which Council approved in Spring 2002. These funds must now be appropriated to the Department's budget. This grant is being used to bring Young Audiences of San Diego Educational Performances to selected City recreation centers and elementary schools to provide assembly programs and workshops in Theatre, Dance, Puppetry, Storytelling and Music for youth. The mission of Young Audiences is to make arts an essential part of every young person's education and life? ~ In 1997, the City Council approved a Sublease with the House of Blues Concerts, Inc. (formerly Universal Concerts) that established a process whereby ticket sales proceeds at the Coors Amphitheater would be paid to the City and utilized for a Performing and Visual Arts Fund. This fund is to be used for arts grants to the Chula Vista community for the purpose of promoting and stimulating the growth of the performing and cultural arts within the City of Chula Vista. 2 Founded in 1963, Young Audiences of San Diego is the local chapter of the Arts Education Partnership national organization. Young Audiences (YA) has been awarded the National Medal of Arts for "working with educational systems, the arts commtmity and the private and public sectors to make the arts an essential part of all children's education. Young Audiences arts partners include Lemon Grove School District, San Diego Unified School District and Sweetwater Union High School District. Page 2, Item: Meeting Date: 04/15/03 The main goal of this program is to provide youth a first contact and an introduction to Arts, Theatre, Dance and Music. Other youth-oriented goals are to inspire self-confidence, develop problem-solving skills, improve performances in other subject areas, and expose children to many cultures and viewpoints. The participating Recreation Centers and Schools are the following: · Parkway Center - Vista Square Elementary · Loma Verde Center- Loma Verde Elementary (and possibly Hilltop Middle) · Chula Vista Youth Center- Rice Elementary · Otay Center- Otay Elementary · Heritage Center- Heritage Elementary The assemblies are being held at the schools to introduce the Young Audiences of San Diego Educational Performances and the follow-up workshops are being held at the recreation centers. The performances at the assemblies are age-appropriate and connect directly to state and school district content standards in Visual and Performing Arts, Literacy/Language Arts and History/Social Science. Program length ranges from 25 minutes for grades 1 through 3 to 45 minutes for grades 4-12. The maximum audience size for an assembly type performance is 300. The program is being held from February through May. Through the program, youth from Chula Vista are being exposed to the Program Objectives as defined by Young Audiences of San Diego. The objectives are listed below. · Develop participant creativity, imagination, determination and risk-taking with dance. · Teach diversity and celebrate differences with dance. · Introduce concepts of tolerance and community through dance. · Create awareness that dancers are highly conditioned athletes. · Explore the role of dance in contemporary culture. · Analyze dance through aesthetic principles. · Demonstrate how common daily activities are a source of dance. · Illustrate how all movement, no matter how simple, has a potential for dance. · Improve participants' improvisational and critical thinking skills. · Build participants' improvisational skills with theatre exercises. · Participate in a series ofimprov thinking exercises. · Demonstrate the uses of style, rhythm, melody and harmony. · Demonstrate rhythm in everyday life. · Show how music can be used to express feelings and/or interpretations of nature. · Instill an appreciation of music from other cultures. · Share with participants' world cultures through puppets.3 · Teach lessons of hard work, kindness and honesty. · Teach participants how to peacefully resolve differences at home and school. · Address problems of school violence and youth alienation. · Celebrate our diverse cultural heritages'. Page 3, Item: ~ Meeting Date: 04/15/03 FISCAL IMPACT: The $2,000 in grant funds will provide contract services for the program by Young Audiences of San Diego. The City is providing up to $500 in printing costs and roughly $1,500 in-kind staff services by a Recreation Supervisor. RESOLUTION NO. 2003- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 03 RECREATION DEPARTMENT BUDGET BY APPROPRIATING $2,000 IN UNANTICIPATED REVENUES FROM PERFORMING AND VISUAL ARTS TASK FORCE GRANT FUNDS TO THE RECREATION DEPARTMENT FOR AN ARTS PROGRAM WHEREAS, the Recreation Department was awarded $2,000 in Performing and Visual Arts Task Force Grant funds for FY2002-03 via the City's Office of Cultural Arts; and WHEREAS, the funds will be used for presenting Young Audiences of San Diego Educational Performances at Chula Vista Recreation Centers for the fiscal year; and WHEREAS, these funds must now be appropriated to the Department's budget; and NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby amend the Fiscal Year 03 Recreation Department budget by appropriating $2,000 in unanticipated revenues from Performing and Visual Arts Task Force Grant Funds to the Recreation Department for an Arts Program. Presented by Buck Martin Director of Recreation Approved as to form by Ann Moore City Attorney J 5Attomey\KESO\GRANTh°erforming & Visual Arts Task Force Grant ) A ~ Sernpra Energy" utility April 15, 2003 Mayor Padilla & Council City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Re: Council Agenda Item #14 - MUD Consultants Dear Mayor Padilla & Council: It is most disappointing to learn that the Chula Vista City Council will consider plans to approve the $275,000 contract to evaluate the government takeover of San Diego Gas & Electric's (SDG&E) gas and electric distribution system in the City of Chuia Vista without first responding to SDG&E's most recent franchise proposal.. In that regard we have not heard how the proposed consultant, who provided services to the State during the recent energy crisis, would deal with how it could provide advice to the City that may conflict with the interests of the work it has done for the State. SDG&E has been working with City Staff in good faith to renegotiate a franchise agreement but must consider whether to continue discussions until the feasibility study is complete. It appears that the City has made a determination to complete the municipalization study before deciding which direction it will proceed. On March 19, SDG&E submitted a revised franchise proposal to City staff. Under the terms of this proposal, the City of Chula Vista would have one of the most beneficial franchises in SDG&E's service territory with numerous advantages to the residents of Chula Vista. The City of Chula Vista would continue to receive 20A funding at its current rate, in addition to the allocation of park space, funds to develop parks and funds to beautify substations - assuming that an agreement could be reached by June 30. We also provided a mechanism to finance the undergrounding of the transmission lines on the bay front. On March 25, prior to the Council action regarding the municipalization study, staff indicated that the franchise proposal was a good step, and that there was still time to reach an agreement prior to the municipalization contract moving forward. The very next day, City staff agreed to continue negotiations prior to issuing the contract. Staff also agreed to submit a written response to SDG&E to the latest proposal. Although these commitments were made, SDG&E has not received any response or any communication regarding that proposal, and staff has not set up any time to meet. It was my sincere hope that an agreement could be reached by June 30. However, if the City Council proceeds with the contract this evening, it is respectfully requested that the City Council extend the existing franchise agreement for one year. SDG&E will need to continue to provide reiiable and safe gas and electric service to the residents and businesses in Chula Vista and therefore, will require a franchise agreement. Please contact me at 858-654-6330 to further discuss this issue. \Ak=- nk Urtasun gional Public Affairs Manager CITY COUNCIL AGENDA STATEMENT ITEM I~ MEETING DATE: April 15, 2003 ITEM TITLE: Resolution Approving a contract with the energy Consulting Team of Duncan, Weinberg, Genzer & Pembroke, McCarthy & Bedin and Navigant Consulting, Inc. to analyze the financial, legal and technical feasibility of various possible municipal energy businesses and alternatives and Appropriating funds therefor. SUBMITTED BY: Assistant City Manager (~ I, REVIEWED BY: City Mana~ ~7----~4/~t~s Vote: Yes X No ) At its MaTh 25, 2003 meeting, the City Council approved staff's recommendation for consultant services to select Duncan, Weinberg, Genzer & Pembroke, McCarthy & Berlih and Navigant Consulting, Inc. (Duncan/Navigant) to analyze the financial, legal and technical feasibility of various possible municipal energy businesses, and alternatives (see attached staff report - attachment 1). In taking that action, Council directed staff to negotiate a final agreement and return to Council for approval and appropriation of funds This report provides a brief overview of the recommended contract with Duncan/Navigant. RECOMMENDATION That Council adopt the proposed reSolution: 1. Approving the proposed agreement with Duncan, Weinberg, Genzer & Pembroke, McCarthy & Berlin and Navigant Consulting, Inc. to analyze the financial, legal and technical feasibility of various possible municipal energy businesses and alternatives, and 2. Appropriating funds in the amount of $275,000 from the available balance of the General Fund reserve. Page 1 of 8 //~'-- / BOARDS/COMMISSIONS RECOMMENDATION Not applicable. DISCUSSION On March 26, 2003 staff began discussions with the energy consulting team of Duncan/Navigant to finalize a contract for energy services. Specifically, the contract requires Duncan/Navigant to analyze and fully discuss the feasibility of developing a municipal energy business that meets as many of the following City objectives as possible: 1 Establishes reliable and affordable electricity and natural gas supply and maintains the highest level of customer service. 2 Identifies a viable business model that benefits the City's time and investment. 3 Ensures an environmental advantage for City residents, businesses and the region. 4 Results in a citywide distribution of MEU benefits. 5 Enables the utilization of the MEU as an economic development tool to retain and attract businesses. 6 Enhances Chula Vista's vision to continue as a vibrant community in the region. A. Scol~e of Work The proposed scope of work requires that the consultant produce a report with specific recommendations that will provide the City Council with the necessary information to make a "go/no go" decision regarding the creation of a municipal energy utility and whether to proceed with a Phase II Implementation Plan. The report will also provide a thorough analysis and discussion of the Municipal Energy Utility ("MEU') options available to the City including: Consideration, as appropriate, previous City actions and analysis contained in the City's adopted Energy Strategy and Action Plan. Identification of the characteristics of Chula Vista that present opportunities or challenges to MEU implementation. A description of the various forms of MEUs; providing California examples where possible, and identification of the risks/benefits, pros/cons, or each. 4. A step-by-step, description of the MEU formation and implementation process. Including a timeline, description of any Page 2 of 8 / L~L"4 required approvals from the CPUC, FERC, or other governmental agencies. An estimate and description of the fiscal, capital and staffing resources required for each stage of municipalization. An estimate and description of the costs, risks, potential environmental impacts and vulnerabilities of MEU formation and implementation, and a discussion of how can costs be managed, risks mitigated and environmental protection be enhanced? A description of the current legal, regulatory, political, and economic framework in which an MEU would operate, the challenges and opportunities presented thereby, and approaches to overcoming and taking advantage of such challenges and opportunities. A description of the potential Public Service benefits of MEU operation in Chula Vista: and identification of the specific ways a Chula Vista MEU could deliver benefits not currently provided by SDG&E? A discussion of case studies, which illustrate both the potential benefits and pitfalls of an MEU. 10. Identification of alternative, lower risk approaches to MEU implementation including but not limited to aggregation, (e.g., types of partnerships with SDG&E or regional partnerships), as well as identifying the risks/benefits, pros/cons of each. In completing this Section the report will consider alternatives contained in the City's existing Energy Strategy and Action Plan. 11. If justified by the analysis, the report will also provide a recommended initial MEU business model that would implement City's energy objectives, and provide a proposed outline of a Focused Feasibility Study and Implementation Plan for the recommended MEU. In essence, this report will answer the question: is it desirable for the City of Chula Vista to pursue the implementation of an MEU. if so, what form of MEU? For each option identified and evaluated, the report will address and thoroughly discuss each option's merits relative to the City's objectives outlined above. The final report findings and recommendations will be presented, at the City Council's discretion, in a public workshop setting for Council consideration. A summary of the task and schedule is outlined below: Page 3 of 8 Work Schedule TASK WORK ELEMENT COMPLETION DATE Kick-off Meeting 4/16 Task I Energy and Strategy Action Plan Review 4/17 to 4/23 Task 2 Review of Chula Vista characteristics 4/17 to 4/24 Task 3 Forms of MEUs 4/24 to 5/8 Task 4 MEU Formation Process 4/24 to 5/14 Task 5 Financial and human capital resources 5/7 to 5/21 Task 6 Costs, risks of MEU formation 5/7 to 5/27 Task 7 Legal, regulatory framework 4/24 to 5/16 Task 8 Benefits of Chula Vista forming MEU 5/16 to 6/9 Task 9 Case Studies 5/20 to 5/26 Task 10 Alternatives 5/16 to 6/9 Task 11 Recommendations 5/27 to 6/18 Finalize draft report 6/7 to 7/7 Staff comments - possible meetings, 7/8 to 7/18 conferences with City Staff Integrate Staff Comments; prepare final report Workshop (date to be determined by City) 7/18 to 7/25 TBD The above represents a tentative schedule, the City and Consultant Team will set the final schedule at the kick-off meetings scheduled for April 16, 2003. To ensure timely execution of the project Duncan/Navigant will provide weekly one- hour progress updates either in person or via telephone conference to City staff. Page 4 of 8 B. Deliverables Based on the City's objectives, scope of work and tasks, specific deliverables will be provided to the City. The deliverables will be in the form of briefings, narratives, interim/progress reports, a final draft report, and a final report with a recommendation for Council consideration and a workshop for Council. A brief overview of the deliverables are presented below: TASK WORK ELEMENT DELIVERABLE Task l Task 2 Energy and Strategy Action Plan Review: Energy Strategy and Action Plan Review Review of Chula Vista characteristics: Chula Vista Specific Opportunities and Challenges Provide written comments and overview of elements in the City Energy Strategy that will be incorporated into the Phase I feasibility analysis. An outline of the opportunities and challenges that is specific to Chula Vista and identifies the City's unique characteristics, available alternatives and planning issues. Specifically, a white paper that outlines opportunities currently available under the City's Ordinance creating Municipal Utility. Task 3 Forms of MEUs: Analysis of selected MEU structures options A report describing utility structures, strengths and weaknesses. Task 4 MEU Formation Process: Procedural information on utility formation A "step-by-step" procedural roadmap for forming selected utility structures. Task 5 Financial and human capital resources: Resources required for MEU formation. An outline of the fiscal, capital and staffing resources required for various phases of formation. Page 5 of 8 t~-5 Task 6 Task 7 Task 8 Task 9 Task10 Task 11 Costs, risks of MEU formation: Cost- benefit & risk assessment for feasible structures - business models Legal, regulatory framework: Legal, regulatory & economic challenges Benefits of Chula Vista forming MEU: Results from Cost-benefit analysis - Task 6 Case Studies: Examples of Cities trying similar energy initiatives. Alternatives: Review utility option short list and alternatives. Recommendations : Analysis and interpretation of work to-date; recommendation A final draft report for staff comments. A final report with recommendations A narrative discussing the structure feasibility review for each business model; supporting pro forma and risk analysis data will be provided. An interim report which addresses the availability of local energy procurement opportunities from the South Bay Power Plant and other examples that could include the Goodrich Co-generation Facility, Otay Mesa Generating Plant, SEMPRA projects in the U.S. and Mexico and LNG projects by other energy companies. A narrative analysis of legal, regulatory & economic framework of potential Chula Vista MEUs A narrative interpretation of financial pro forma - analysis of financial and other benefits. A narrative of applicable successes - failures and lessons learned. An analysis of Community Aggregation and/or other available partnership options. See Below A final draft report with recommendations A final report with recommendation to the City to move forward on a focused Feasibility Page 6 of 8 /~,~ to the City. A half-day Council Workshop Presentation matedal on MEU options, alternatives and recommendations. Study & Implementation Plan for the preferred municipal energy utility structure options. As a component of the draft and final reports, a recommendation of an initial MEU business model with the following elements: o ^ general description of the utility option, its services and target markets o Business case pre forma with narrative based on preliminary analysis of the following: o Chula Vista Loads o Energy resource portfolio and power supply costs o Infrastructure acquisition costs o Operation and maintenance costs o Utility business structure and framework o Requirements to interconnect and interface with SDG&E and CAISO o Preliminary implementation schedule o Finance options 12 hard copies and an electronic copy of the report will be submitted. A half-day Council Workshop to present the final report and recommendations to the public for comments Presentation materials on MEU options, alternatives and recommendations, which are included in the scope of work, shall be delivered to the City for potential City use at subsequent public forums. C. Contract Fee and Bill Processincl The contract is a Time and Materials agreement not to exceed $275,000. The fee includes ail expenses, which are capped at $25,000. Progress payments will be based on completed work and submittal of interim deliverables as outlined above. A10% retention applies until a half-day public workshop is held and the City and Duncan/Navigant deem the project complete. Invoices will be submitted, and processed for payment, based on the following schedule of events: Billin(I Point #1 Completion of Tasks No. 1 to 4. Submittal of all preliminary reports, outlines and narratives from Tasks No. 1 to4. ' Billinq Point #2 Completion of Tasks No. 5 to 8. Submittal of all preliminary reports, outlines and narratives from Tasks No. 5to 8. Billing Point #3 Completion of Tasks No. 9 to 11 and submittal of the draft report. Billina Point #4: Request Release of Retention Completion of Tasks No. 1 to 11. Submittal of the final report. Completion of the half-day Council Workshop. Staff believes that the Duncan/Navigant agreement is consistent with the scope as outlined in the City's request for proposal and is consistent with the terms and conditions previously approved by Council on March 25, 2003. D. Terms and Conditions Duncan Navigant has agreed to the terms and conditions contained in the City's standard two-party Agreement with no exceptions. FISCAL IMPACTS Adoption of the proposed resolution requires an appropriation from the available balance of the General Fund. The contract is based on a Time and Materials, not to exceed agreement for $275,000 and includes all expenses which are capped at $25,000. Given the importance of this study in helping to compare the relative value of a long-term franchise renewal and potential City MEU businesses, staff believes this expenditure is more than justified. ATTACHMENT: 1. Report Recommending Selection of Duncan/Navigant 2. Two Party Agreement with Duncan/Navigant Page 8 of 8 //,,/,, 0~ RESOLUTION NO. 2003- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CONTRACT WITH THE ENERGY CONSULTING TEAM OF DUNCAN, WEINBERG, GENZER & PEMBROKE, McCARTHY & BERLiN AND NAVIGANT CONSULTING, INC. TO ANALYZE THE FiNANCIAL, LEGAL, AND TECHNICAL FEASIBILITY OF VARIOUS POSSIBLE ~CIPAL ENERGY BUSINESSES AND ALTERNATIVES AND APPROPRIATING FUNDS THEREFOR WHEREAS, on Tuesday, March 25, 2003, the City Council approved staff's recommendation to select the energy consulting team of Duncan, Weinberg, Genzer & Pembroke, McCarthy & Berlin and Navigant Consulting, Inc. (Duncan/Navigant) to analyze the financial, legal and technical feasibility of various possible municipal energy businesses, and alternatives; and WHEREAS, in that action, City Council also directed staff to return to Council with a final contract and appropriation of funds for consideration; and WHEREAS, Duncan/Navigant was determined to be the best qualified applicant with a work proposal that offered the best value to the City; and NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Chula Vista does hereby approve a contract with Duncan/Navigant to analyze the financial, legal and technical feasibility of various possible municipal energy businesses and alternatives; BE IT FURTHER RESOLVED, the contract is approved on the terms, and in substantially the form presented, with such minor modifications as may be required or approved by the City Attorney and the Mayor is authorized and directed to execute same; BE IT FURTHER RESOVLED, that $275,000 is hereby appropriated to fund the contract out of the available balance of the General Fund Reserve. Presented by Approved as to form by Sid Moms Assistant City Manager J:\Attorney\RESO\BIDS\energy consulting contract.doc Attachment I CITY COUNCIL AGENDA STATEMENT ITEM MEETING DATE: March 25, 2003 ITEM TITLE: Resolution 1) Approving selection of the energy consulting team of Duncan, Weinberg, Genzer & Pembroke, McCarthy & Berlin and Navigant Consulting, Inc. ("Duncan/Navigant") to analyze the financial, legal and technical feasibility of various possible municipal energy businesses, and alternatives thereto; 2) Authorizing and directing staff to negotiate a consultant services contract with Duncan/Navigant consistent with the terms and conditions outlined herein, and; 3) Directing staff to return with a final proposed agreement and appropriati6n of funds for council consideration. 'Assistant City Manager SUBMITTED BY: In May 2001, in response to an unstable energy market, the City Council adopted the "City of Chula Vista Energy Strategy and Action Plan" (Attachment 1). Components of that plan included direction to staff to pursue a cost benefit analysis of: 1. Operating a municipal energy utility business, including the potential for ownership and/or operation of all or a portion of the local distribution system; 2. Becoming a municipal aggregator for the purchase of electricity for City facilities, residents and/or businesses; and 3. Partnering with the Port Distdct to repower and/or acquire capacity in a reconstruction of the South Bay Power Plant. At that time, the City Council preserved future municipal energy utility options by adopting an ordinance that established the City as a municipal utility. Since May 2001, City staff has implemented many of the Energy Strategy action items, and has developed considerable in-house expertise on energy issues. However, given the complexity of energy issues, specialty consulting services are now necessary to complete a costJbenefit options analysis. To complete the analysis, staff issued a request for proposal (RFP) for energy consultant services in December of 2002. The timing of this analysis is ideal. The expiration of the electricity and natural gas franchise agreements with San Diego Gas and Electdc provide the City with a unique opportunity to evaluate and make comparisons on the most cost effective means of providing reliable energy supply to Iq-lO March 25, 2003 Page 2 of 9 City facilities, residents and businesses and controlling at least some of the revenues generated by the delivery of energy to 'local residents and businesses. This report outlines staff's recommendation based on the consultant selection process. RECOMMENDATION Staff recommends that the City Council adopt a Resolution: Approving selection of the energy consulting team of Duncan, Weinberg, Genzer & Pembroke, McCarthy & Berlin and Navigant Consulting, Inc. ("Duncan/Navigant") to analyze the financial, legal and technical feasibility of various possible municipal energy businesses, and alternatives thereto; 2. Authorizing and directing staff to negotiate a consultant services contract with Duncan/Navigant consistent with the terms and conditions outlined herein, and; 3. Directing staff to return with a final proposed agreement and appropriation of funds for Council consideration. BOARDS/COMMISSIONS RECOMMENDATION Not applicable. DISCUSSION During the course of implementing the elements of the Energy Strategy and the development of its own expertise on energy issues, staff has become more keenly aware of the potential opportunities of some form of a municipal energy utility business (MEU). Whether or not some form of a municipal energy utility works for the City of Chula Vista is the subject of the proposed MEU analysis. The following are representative of the items that have peaked staff's interest in determining the feasibility of an MEU in Chula Vista. · U.S. Department of Energy data indicates that residential customers of an investor owned utility paid rates 16% above those paid by customers of a publicly owned system. Commercial customers paid 9% more. · A municipal energy utility, could provide greater local control over energy revenues and programs. For example, current SDG&E programs for use of Public Purpose fees and Rule 20a undergrounding fees are beneficial, but might be improved and tailored to meet Chula Vista's goals and objectives under an MEU. Currently these programs are subject to CPUC regulations and SDG&E's own service territory-wide priorities. · An MEU could be a valuable economic development tool to attract and retain businesses and enhance local quality of life. · The City has been contacted by three separate entities extolling the potential benefits of an MEU. Although each contact was independent, the identification of potential benefits were similar in nature and content. March 25, 2003 Page 3 of 9 · As an MEU, the City could also more directly control the procurement of a renewal energy supply. · The City's size, growth potential, local power generation options, and an expiring energy franchise could present unique MEU opportunities. Development of the MEU Studv Scope of Work In December 2002, staff issued an RFP for consulting services to evaluate vadous possible MEU businesses, along with alternative approaches to meeting the City's energy objectives. In preparing the RFP, staff reviewed numerous RFPs on similar subjects that had been prepared, or were being prepared, for issuance by other California public agencies. Staff also consulted with and received input from SDG&E. Based on that input, staff implemented several revisions to the RFP Scope of Work. Staff also solicited proposals from consultants SDG&E recommended as qualified. Staff believes SDG&E input to this process is important and will continue to solicit such input where appropriate. The following city energy objectives were described in the RFP: Reliable energy supply delivered at stable rates A high level of customer service A cost benefit formula that justifies the City's time and investment An environmental benefit for City residents Broad distribution of MEU benefits The utilization of the MEU as an economic development tool to retain and attract businesses The RFP Scope of Work (Attachment 2) identified specific issues to be addressed by the energy consultant. Highlights of that scope of work are identified below. The scope of work was designed to get answers to the questions: Is it desirable for the City to pursue the implementation of an MEU business? If so, what form of MEU? Specifically, the following information was required: Identify the characteristics of Chula Vista that present opportunities or challenges to MEU implementation. Estimate and describe the costs, risks, potential environmental impacts and vulnerabilities of MEU formation and implementation; determine how such costs and risks can be managed and mitigated. Describe the current legal, regulatory, political and economic framework in which an MEU would operate, the challenges and opportunities presented thereby, and approaches to overcoming and taking advantage of same. Estimate the financial and human capital resources required for each stage of municipalization. Describe the potential benefits of an MEU operation in Chula Vista: In what specific ways could a Chula Vista MEU deliver benefits not currently provided by SDG&E? Idenfif7 altemative/Iower risk approaches to MEU implementation March 25, 2003 Page 4 of 9 including potential partnerships with SDG&E. If justified, recommend an initial MEU business model that would implement City energy objectives. The RFP Process Issuance On December 20, 2002, staff distributed the RFP by mail and email to more than sixty energy-consulting firms (including SEMPRA, SDG&E's parent company). On January 9, 2003 approximately nineteen representatives from fifteen consulting firms attended the pre-bid conference. (SDG&E was also represented at the pre-bid conference.) Shortlist Selection On February 7, 2003 th.e City received nine responses to the City's RFP. A City . MEU Selection Committee, approved by the City Manager, was formed to evaluate the proposals. This team included municipal industry experts as well as City staff: Bill Carnahan, Executive Director of Southem California Public Power Authority; David Wright, Deputy Director of City of Riverside Municipal Utility Department; Sid Morris, Assistant City Manager; Maria Kachadoorian, Director of Finance; Dave Byers, Director of Public Works-Operations; Glen Googins, Sr. Assistant City Attorney; Michael Meacham, Special Operations Manager; and Willie Gaters, Environmental Resoume Manager. A preliminary screening was conducted, and each proposal was numerically scored and ranked based on the City's selection criteria published in the RFP. The top five respondents to the RFP were placed on a short list for interviews. Consultincl Firm Rank (Assiclned Score) Selected for Interview Shortlist R.W. Beck 1 (210) · Duncan/Navigant 2 (201) · Alliant Energy Integrated Services & SMH Team 3 (195) · Black and Veatch 4 (188) · GDS Associates & SAIC Team 5 (186) Not Selected for Interview · EES Consulting 6 (160) · McDonald Partners & Michael Woods Team 7 (139) · Astrum Utility Services Team 8 (123) March 25, 2003 Page 5 of 9 · Milbank, Tweed Team ' 9 (94) Short listed teams were scheduled for interviews over a two-day period (March 5- 6). Each interview lasted approximately 2 houm. The int.erview process included prepared questions that were provided to the energy consulting firms in advance as well as proposal-specific and industry-specific questions from the outside experts. The advance questions were designed to calibrate aspects of the energy-consulting firm's proposal with the City's RFP objectives such as project team make-up, assigned project manager, proposed tasks, deliverables, project · costs, schedule, presentation style and consultant's knowledge of the industry. The proposal-specific questions were designed to address the technical aspects of each proposal that required clarification or expansion (e.g. specificity as to the ratio of financial, technical, and legal services provided in the proposals to address the City's scope of work), Industry-specific questions were asked by the City's outside experts to gauge the energy consulting firm's understanding of the current energy environment and to gauge the consultant's level of sophistication. Following the interviews, the energy-consulting firms were again numerically scored and ranked based on overall presentation, technical expertise, cost, and the ability to adequately address the proposed scope of work. A key factor was each respondents intent and ability to provide the City Council with a firm "go/no go" recommendation on the implementation of an MEU business, or alternative approaches. The City's MEU Selection Committee unanimously, ranked the top two firms in the 1 and 2 positions. Duncan/Navigant and R.W. Beck, respectively were selected for further consideration. Consultin~l Firm Interview Rankincl (Assklned Score) Selected for Further consideration · DWG&P/MB and Navigant Consulting Team I (302) (All City MEU Selection Committee members ranked team in number 1 position) R.W. Beck 2 (267) (All City MEU Selection Committee members ranked team in number 2 position) Not Selected for Further Consideration · Alliant Energy Integrated Services & SMH Team 3 (202) · GDS Associates & SAIC Team 4 (151) · Black and Veatch 5 (145) Reference checks were conducted on both finalists, In addition, each firm was March 25, 2003 Page 6 of 9 requested to respond to an additional set of questions intended to "ddll down" into the experience/background of each that was most directly related to the scope of work identified bythe City. Examples ofthese questions include: Describe your team's level of knowledge with the Department of Water Resources (DWR) power contracts. Describe any involvement your team has regarding ongoing discussions pertaining to "exit fees" (i.e., the charge by the State of California to local jurisdictions to opt out of the State energy contracts). Provide a 5~year history, and relevant reference contacts, pertaining to "go/no go" recommendations for municipalization efforts. Please address/justify the need for legal services as part of the Phase I analysis. Staff was particularly interested in the consultant's response to the question on legal services. This com. ponent of the RFP was a major, differentiating point in the comparison of the two finalists - Duncan/Navigant and R.W. Beck. As originally submitted, the two proposals addressed the technical aspects of evaluating the MEU options in a comparable fashion. One significant distinction between the two proposals was that Duncan/Navigant also included an integrated legal and legislative/regulatory analysis component. Staffs view is that a focused, integrated legal analysis of issues like exit fees, potential cost of wires acquisition and severance~ corporate structure and risks and liabilities is crucial to informed decision-making in this complex area. R.W. Beck was given an opportunity to revise the relatively limited legal component of its submittal in order to insure that staff could make an appropriate comparison of the component parts of the proposals and their related costs. R.W. Beck did identify qualified legal counsel with whom the City could work; what remained missing, however, was an integrated legal/business analysis with a set cost amount. Contract Cost Duncan/Naviclant: The original cost proposal submitted by Duncan/Navigant was $330,000. Based on preliminary discussions regarding clarification of scope and expenses, this amount was revised downward to $275,000, includin.q expenses. Work would be performed on a time and materials basis not to exceed $275,000. R.W. Beck: The original cost proposal from R.W. Beck was a fixed fee of $145,904 plus expenses. Based on preliminary discussions regarding clarification of scope, R.W. Beck revised its proposal to include legal services that were estimated (but not fixed) at $50,000. In addition, R.W. Back's proposal assumed utilization of existing City agreements for legal services to supplement its legal component. Staff estimated that cost at between $25,000 - $50,000. In sum, this equates to a total contract price estimated (but not fixed) at $225,000 - $250,000 plus expenses. Consultant Recommendation March 25, 2003 Page 7 of 9 Staff is recommending a contract with the Duncan/Navigant group based on the following analysis: The proposal as originally submitted (Attachment 3) was complete in its approach, addressing all of the major scope of work components. The consultant team Duncan/Navigant has a longstanding working relationship with one another, and past efforts by this group reflect extensive, detailed research in addressing the client's concems. Duncan/Navigant was most knowledgeable in identifying the South Bay Power Plant and other possible local generation options as a potential key opportunity for a Chula Vista MEU. Duncan/Navigant was most clear in its intent and ability to provide the City with an "actionable intelligence". The consultant has relevant California experience including extensive work with California regulatory agencies. The consultant has demonstrated the experience and ability to deliver a report on time, within budget and according to established criteria. The consultant team exhibited the best overall breadth and depth of energy industry sophistication. Duncan/Navigant offered the greatest number of hours applied to the task, approaching, in many respects, a phase II level of analysis. Overall, the Duncan/Navigant team was identified as providing the best balance of skills and expertise necessary to deliver the required scope of work. If approved, staff will return to Council with a final contract consistent with th9 scope as outlined in the RFP. Consultant Selection Guidelines The consultant selection process complies with the guidelines established by the City. The proposed consultant has performed no work for the City, and earned no money, during the past twelve months. Further, Duncan/Navigant has identified no potential conflicts of interest. Citv Stren(Iths and Weaknesses During the interviews, consultants were asked to identify the City's strategic strengths and weaknesses with regard to formation of an MEU business. Consistently, Consultants identified the following strengths: A proactive City Council. A successful municipalization effort requires community leaders to champion the effort. · A comprehensive Energy Strategy A Franchise Agreement, which expires in 2003. March 25, 2003 Page 8 of 9 · A growing housing, commercial and industrial base. The City already owns energy infrastructure that has produCed savings: (streetlights), and operates its own utility system (sewer). "Economy of Scale." A Chula Vista MEU customer base would be in the top 15 of all 48 utilities in California and would be in the top 50 to 100 of more than 2,000 public utilities nationwide (if the entire existing and proposed new developed territories are included). New (Greenfield) development could represent an excellent "low level of investment" opportunity to begin a municipal utility. Chula Vista is roughly the size of a utility "regional office." Since utilities cover large areas, regional offices are set up as individual profits centers to better manage safety, reliability and operating costs. Chula Vista has an attractive energy (gas and electricity) load profile that would attract competitive bids for power contracts from private and public power providers. Attractive supply options exist with the potential repowering of the South Bay Power Plant. The energy consultants also commented that the City's strategic weaknesses include the following: SDG&E is likely to mount an aggressive challenge to any municipalization effort. A stabilizing energy market - in the near term - could draw consumer attention away from rising cost of energy. The financing cost of new construction and/or acquisition of energy infrastructure will be a major issue. The configuration, availability and proximity of energy infrastructure (gas pipes and electricity transmission) will present a challenge. Legislative changes on the state and federal level will influence the feasibility of all options since exit fees; stranded costs and severance fees are currently being established, and may change in the future. March 25, 2003 Page 9 of 9 FISCAL IMPACTS Adoption of the proposed resolution requires an appropriation from the unappropriated balance of the General Fund. The cost proposal for the MEU Analysis is for a guaranteed maximum price of $275,000 including expenses. Given the importance of this study in helping to compare the relative value of a long-term franchise renewal and on MEU business, staff believes this expenditure is more than justified. ATTACHMENTS: 1. City Energy Plan and Action Plan or Energy Strategy 2. MEU Scope of Work 3. Duncan Weinberg Genzer & Pembroke/McCarthy & Berlin and Navigant Consulting Team Proposal 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 A contract with the Energy Consulting Team of Duncan/Navigant to analyze the financial, legal and technical feasibility of various possible municipal energy businesses, and alternatives. Attachment 2 Agreement between City of Chula Vista and Duncan, Weinberg, Genzer & Pembroke, PC McCarthy & Berlin, LLP and Navigant Consulting, Inc. for Energy Consulting Services This agreement ("Agreement"), is entered into effective as of April 15, 2003. Between the City of Chula Vista and Duncan, Weinberg, Genzer & Pembroke, McCarthy & Berlin and Navigant Consulting, Inc. (collectively "Consultant"), with reference to the following facts: Recitals Whereas, on December 20, 2002 the City issued an RFP for energy consulting services for a Municipal Energy Utility Feasibility Analysis and, Whereas, the City received proposals from nine consulting firms; and, Whereas, after interviewing five respondents, Consultant was determined to be the best qualified and the Consultant's response was rated as the best value proposition for the City; and, Whereas, Consultant warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Consultant to City within the time frames herein provided all in accordance with the terms and conditions of this Agreement; (End of Recitals. Next Page starts Obligatory Provisions.) City of Chula Vista & Duncan/Navigant Agreement April 15, 2003 j/./L '¢:~ MEU Feasibility Study Page 1 of 41 Obligatory Provisions Pages NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually agree as follows: 1. Consultant's Duties A. General Duties Consultant shall perform all of the services described on the attached Exhibit A, Paragraph 7, entitled "General Duties". B. Scope of Work arid Schedule In the process of performing and delivering said "General Duties", Consultant shall also perform all of the services described in Exhibit A, Paragraph 8, entitled Scope of Work and Schedule, not inconsistent with the General Duties, according to, and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth therein, time being of the essence of this agreement. The General Duties and the work and deliverables required in the Scope of Work and Schedule shall be herein referred to as the "Defined Services". Failure to complete the Defined Services by the times indicated does not, except at the option of the City, operate to terminate this Agreement. C. Reductions in Scope of Work City may independently, or upon request from Consultant, from time to time reduce the Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. D. Additional Services In addition to performing the Defined Services herein set forth, City may require Consultant to perform additional consulting services related to the Defined Services ("Additional Services"), and upon doing so in writing, if they are within the scope of services offered by Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in the attached "Rate Schedule" in Exhibit A, Paragraph 11 (C), unless a separate fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. City of Chula Vista & Duncan/Navigant Agreement April 15, 2003 MEU Feasibility Study Page 2 of 41 E. Standard of Care Consultant, in performing any Services under this agreement, whether Defined Services or Additional Services, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. F. Insurance Consultant represents that it and its agents, staff and subconsultants employed by it in connection with the Services required to be rendered, are protected against the risk of loss by the following insurance coverages, in the following categories, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better. Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 9. Commercial General Liability Insurance including Business Automobile Insurance coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied separately to each project away from premises owned or rented by Consultant, which names City as an Additional Insured, and which is primary to any policy which the City may otherwise carry ("Primary Coverage"), and which treats the employees of the City in the same manner as members of the general public ("Cross-liability Coverage"). Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9, unless Errors and Omissions coverage is included in the General Liability policy. G. Proof of Insurance Coverage. (1) Certificates of Insurance. Consultant shall demonstrate proof of coverage herein required, prior to the commencement of services required under this Agreement, by delivery of Certificates of Insurance demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. (2) Policy Endorsements Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's Commercial General Liability Insurance Policy, Consultant shall deliver a policy endorsement City of Chula Vista & Duncan/Navigant Agreement April 15, 2003 MEU Feasibility Study Page 3 of 41 to the City demonstrating same, which shall be reviewed and approved by the Risk Manager. H. Security for Performance. (1) Performance Bond. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Performance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Performance Bond"), then Consultant shall provide to the City a performance bond by a surety and in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Performance Bond", in said Paragraph 19, Exhibit A. (2) Letter of Credit. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City an irrevocable letter of credit callable by the City at their unfettered discretion by submitting to the bank a letter, signed by the City Manager, stating that the Consultant is in breach of the terms of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Letter of Credit", in said Paragraph 19, Exhibit A. (3) Other Security In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then Consultant shall provide to the City such other security therein listed in a form and amount satisfactory to the Risk Manager or City Attorney. I. Business License Consultant agrees to obtain a business license from the City and to otherwise comply with Title 5 of the Chula Vista Municipal Code. 2. Duties of the City A. Consultation and Cooperation City of Chula Vista & Duncan/Navigant Agreement April 15, 2003 MEU Feasibility Study Page 4 of 41 City shall regularly consult the Consultant for the purpose of reviewing the progress of the Defined Services and Schedule therein contained, and to provide direction and guidance to achieve the objectives of this agreement. The City shall permit access to its office facilities, files and records by Consultant throughout the term of the agreement. In addition thereto, City agrees to provide the information, data, items and materials set forth on Exhibit A, Paragraph 10, and with the further understanding that delay in the prevision of these materials beyond 30 days after authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's performance of this Agreement. B. Compensation Upon receipt of a properly prepared billing from Consultant submitted to the City periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently than monthly, on the day of the pedod indicated in Exhibit A, Paragraph 18, City shall compensate Consultant for all services rendered by Consultant according to the terms and conditions set forth in Exhibit A, Paragraph 11, subject to the requirements for retention set forth in paragraph 19 of Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 12. All billings submitted by Consultant shall contain sufficient information as to the propriety of the billing to permit the City to evaluate that the amount due and payable thereunder is proper, and shall specifically contain the City's account number indicated on Exhibit A, Paragraph 18 (C) to be charged upon making such payment. 3. Administration of Contract Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 13, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this Agreement. 4. Term. This Agreement shall commence as of the effective date and shall terminate when the Parties have complied with all executory provisions hereof, subject to the early termination provisions set forth in Sections 8 and 10, below. 5. Liquidated Damages The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 14. It is acknowledged by both parties that time is of the essence in the City of Chula Vista & Duncan/Navigant Agreement April 15, 2003 MEU Feasibility Study Page 5 of 41 completion of this Agreement. It is difficult to estimate the amount of damages resulting from delay in performance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay. Failure to complete the Defined Services within the allotted time period specified in this Agreement shall result in the following penalty: For each consecutive calendar day in excess of the time specified for the completion of the respective work assignment or Deliverable, the consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate"). Time extensions for delays beyond the consultant's control, other than delays caused by the City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the expiration of the specified time. Extensions of time, when granted, will be based upon the effect of delays to the work and will not be granted for delays to minor portions of work unless it can be shown that such delays did or will delay the progress of the work. 6. Financial Interests of Consultant A. Consultant is Designated as an FPPC Filer. If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer", Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 15 of Exhibit A, or if none are specified, then as determined by the City Attorney. B. Decline to Participate. Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. C. Search to Determine Economic Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this agreement. City of Chula Vista & Duncan/Navigant Agreement April 15, 2003 MEU Feasibility Study Page 6 of 41 D. Promise Not to Acquire Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. E. Duty to Advise of Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the City Attorney of City if Consultant learns of an economic interest of Consultant's which may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. F. Specific Warranties Against Economic Interests. Consultant warrants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Defined Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 15. Consultant further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates in connection with Consultant's performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration of this Agreement, except with the written permission of City. Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party which may be in conflict with Consultant's responsibilities under this Agreement, except with the written permission of City. 7. Hold Harmless Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for City of Chula Vista & Duncan/Navigant Agreement April 15, 2003 MEU Feasibility Study Page 7 of 41 damages, liability, cost and expense (including without limitation attorneys fees) arising out of or alleged by third parties to be the result of the negligent acts, errors or omissions or the willful misconduct of the Consultant, and Consultant's employees, subcontractors or other persons, agencies or firms for whom Consultant is legally responsible in connection with the execution of the work covered by this Agreement, except only for those claims, damages, liability, costs and expenses (including without limitations, attorneys fees) arising from the sole negligence or sole willful misconduct of the City, its officers, employees. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the City, its agents, officers, or employees which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party. With respect to losses arising from Consultant's professional errors or omissions, Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys fees) except for those claims arising from the negligence or willful misconduct of City, its officers or employees. Consultant's indemnification shall include any and all costs, expenses, attorneys fees and liability incurred by the City, its officers, agents or employees in defending against such claims, whether the same proceed to judgment or not. Consultant's obligations under this Section shall not be limited by any prior or subsequent declaration by the Consultant. Consultant's obligations under this Section shall survive the termination of this Agreement. 8. Termination of Agreement for Cause If, through any cause, Consultant shall fail to fulfill in a timely and proper manner Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Consultant shall, at the option of the City, become the property of the City, and Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused City by Consultant's breach. City of Chula Vista & Duncan/Navigant Agreement April 15, 2003 MEU Feasibility Study Page 8 of 41 9. Errors and Omissions In the event that the City Administrator determines that the Consultants' negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions, Consultant shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit City's rights under other provisions of this Agreement. 10. Termination of Agreement for Convenience of City City may terminate this Agreement at any time and for any reason, by giving specific written notice to Consultant of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the City, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. Just compensation shall be based on the hourly rates and costs for the time and materials expended set forth in Exhibit A attached hereto. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. 11. Assignability The services of Consultant are personal to the City, and Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of City. City hereby consents to the assignment of the portions of the Defined Services identified in Exhibit A, Paragraph 17 to the subconsultants identified thereat as "Permitted Subconsultants". 12. Ownership, Publication, Reproduction and Use of Material All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. City of Chula Vista & Duncan/Navigant Agreement April 15, 2003 MEU Feasibility Study Page 9 of 41 13. Independent Contractor City is interested only in the results obtained and Consultant shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant and any of the Consultant's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal income tax, social security tax or any other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold the City harmless with regard thereto. 14. Administrative Claims Requirements and Procedures No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 15. Attorney's Fees Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to a judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. 16. Statement of Costs In the event that Consultant prepares a report or document, or participates in the preparation of a report or document in performing the Defined Services, Consultant shall include, or cause the inclusion of, in said report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. City of Chula Vista & Duncan/Navigant Agreement April 15, 2003 MEU Feasibility Study Page 10 of 41 17. Miscellaneous A. Consultant not authorized to Represent City Unless specifically authorized in writing by City, Consultant shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. B. Consultant is Real Estate Broker and/or Salesman If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their principals is/are licensed with the State of California or some other state as a licensed real estate broker or salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are licensed real estate brokers or salespersons. C. Notices All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified herein as the places of business for each of the designated parties. D. Entire Agreement This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any prevision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. E. Capacity of Parties Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. F. Governing LawNenue This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this City of Chula Vista & Duncan/Navigant Agreement April 15, 2003 MEU Feasibility Study Page 11 of 41 Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. [end of page. next page is signature page.] City of Chula Vista & Duncan/Navigant Agreement April 15, 2003 MEU Feasibility Study Page 12 of 41 Signature Page to Agreement between City of Chula Vista and Duncan, Weinberg, Genzer & Pembroke, PC McCarthy & Berlin, LLP and Navigant Consulting, Inc. for Energy Consulting Services IN WITNESS WHEREOF, as of the effective date City and Consultant hereby execute this Agreement and so indicated that they have read and understood same, and indicate their full and complete consent to its terms. City of Chula Vista By: Stephen Padilla, Mayor Consultant: Duncan, Weinberg, Genzer and Pembroke, a Professional Corporation Attest: By: Wallace L. Duncan, Senior Attorney Susan Bigelow, City Clerk McCarthy & Berlin, LLP Approved as to form: Ann Moore, City Attorney By: Barry McCarthy, Senior Attorney Navigant Consulting, Inc. By: Bryan Griess, Managing Director Exhibit Lis[ to Agreement (X) Exhibit A. City of Chula Vista & Duncan/Navigant Agreement April 15, 2003 MEU Feasibility Study Page 13 of 41 Exhibit A to Agreement between City of Chula Vista and Duncan, Weinberg, Genzer & Pembroke, PC McCarthy & Berlin, LLP and Navigant Consulting, Inc. 1. Effective Date of Agreement: April 15, 2003 2. City-Related Entity: (X) City of Chula Vista, a municipal chartered corporation of the State of California 3. Place of Business for City: City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910 4. Consultant: Duncan, Weinberg, Genzer & Pembroke, McCarthy & Berlin and Navigant Consulting, Inc. Business Form of Consultant: (X) Partnership (X) Corporation City of Chula Vista & Duncan/Navigant Agreement April 15, 2003 MEU Feasibility Study Page 14 of 41 6. Place of Business, Telephone and Fax Number of Consultant: The primary place of business for Duncan, Weinberg, Genzer & Pembroke: Duncan, Weinberg, Genzer & Pembroke, PC Suite 800 1615 M Street, NW Washington, DC 20036 Telephone (202) 467-6370 Facsimile (202) 46-6379 E-mail: WLD~dwap.com; The primary place of business for McCarthy & Berlin, LLP: McCarthy & Bedin, LLP Suite 140 2005 Hamilton Avenue San Jose, CA 95125 Telephone (408) 558-0950 and The primary place of business for Navigant Consulting will be: Navigant Consulting, Inc. 3100 Zinfandel Drive Suite 600 Sacramento, CA 95670 Telephone (916) 631-3200 Facsimile (916) 852-1073 E-mail tcrooks~.navi(~antconsultin(~.com 7. General Duties: See Addendum 1: "General Duties" 8. Scope of Work and Schedule: A. Detailed Scope of Work: See Addendum 1: "Detailed Scope of Work" B. Date for Commencement of Consultant Services: (X) Same as Effective Date of Agreement City of Chula Vista & Duncan/Navigant Agreement April 15, 2003 MEU Feasibility Study Page 15 of 41 C. Dates or Time Limits for Delivery of Deliverables: See Addendum 1: "Detailed Scope of Work" D. Date for completion of all Consultant services: See Addendum 1: "Detailed Scope of Work" 9. Insurance Requirements: (X) Statutory Worker's Compensation Insurance ( ) Employer's Liability Insurance coverage: $1,000,000. (X) Commercial General Liability Insurance: $1,000,000. (X) Errors and Omissions insurance: None Required (included in Commercial General Liability coverage). ( ) Errors and Omissions Insurance: $250,000 (not included in Commercial General Liability coverage). 10. Materials Required to be Supplied by City to Consultant: NA 11. Compensation: For performance of the Defined Services by Consultant as herein required, City shall pay Consultant on a time and materials basis, at the rates or amounts set forth in the Rate Schedule herein below and at the costs set forth in the reimbursable schedule set forth in Section 12 below. Notwithstanding the foregoing Consultant agrees that Consultant will perform all of the Defined Services herein required of Consultant for a maximum price of $ 275,000 including all Materials, and other "reimbursables" ("Maximum Compensation"). Nothing herein shall preclude Consultant from providing additional Services at Consultant's own cost and expense. Rate Schedule STAFF HOURLY RATE Wallace Duncan 290 Barry McCarthy 290 Michael Postar 280 Susie Berlin 250 Lisa S. Cast 250 Derek A. Dyson 200 City of Chula Vista & Duncan/Navigant Agreement April 15, 2003 MEU Feasibility Study Page 16 of 41 Tamir Ben-Yoseph 200 Daisy M. Matthews 125 Bryan Griess 265 Tom Crooks 229 Patrick Mealoy 229 Katie Elder 229 John Hunter 212 Paul Maxwell 250 Max Walenciak 229 Larry Reigle 212 Shawn Matchim 212 John Forman 250 12. Materials Reimbumement Arrangement For the cost of out of pocket expenses incurred by Consultant in the performance of services herein required, City shall reimburse Consultant at reasonable rates and amounts consistent with the City purchasing policies. Unless otherwise expressly agreed by the City, the reimbursable component shall not exceed $25,000. Reimbursables shall be included in (and shall not be charged in addition to) the Maximum Compensation amount. 13. Contract Administrators: City: Sid Morris, Assistant City Manager or authorized designee City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Telephone (619) 691-5031 Facsimile (619) 409-5884 E-maih Sid. Morris~.ca. Chula-Vista.ca.us Consultant: The primary Contract Administrator(s) for Duncan, Weinberg, Genzer & Pembroke and McCarthy, PC & Berlin, LLP will be: Wallace L. Duncan Duncan, Weinberg, Genzer & Pembroke, PC Suite 800 1615 M Street, NW Washington, DC 20036 Telephone (202) 467-6370 City of Chula Vista & Duncan/Navigant Agreement April 15, 2003 MEU Feasibility Study Page 17 of 41 Facsimile (202) 46-6379 E-mail: WLD~.dwqp.com and McCarthy & Berlin, LLP Suite 140 2005 Hamilton Avenue San Jose, CA 95125 Telephone (408) 558-0950 The primary Contract Administrator for Navigant Consulting will be: Thomas Crooks Navigant Consulting, Inc. 3100 Zinfandel Drive Suite 600 Sacramento, CA 95670 Telephone (916) 631-3200 Facsimile (916) 852-1073 E-mail tcrooks~.navi(~antconsultinq.com 14. Liquidated Damages Rate: NA 15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: ( ) List "Consultant Associates" interests in real property within 2 radial miles of Project Property, if any: 16. Consultant is not a Real Estate Broker and/or Salesman NA 17. Consultant Team: The consultant services required herein shall be provided by the individuals set forth in the Consultant's proposal. No personnel changes or material shifting of tasks between individuals shall be permitted without the City's prior written approval. 18. Bill Processing: City of Chula Vista & Duncan/Navigant Agreement April 15, 2003 MEU Feasibility Study Page 18 of 41 A. Consultant's Billing to be submitted for the following period of time: ( ) Monthly ( ) Quarterly (X) Other: See Addendum 1: "Bill Processinq" B. Day of the Period for submission of Consultant's Billing ( ) First of the Month (X) 15th Day of each Month ( ) End of the Month ( ) Other: C. City's Account Number: TBD 19. Security for Performance (x) Retention. if this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant sooner, the City shall be entitled to retain, at their option, either the following "Retention Percentage" or "Retention Amount" until the City determines that the Retention Release Event, listed below, has occurred: (X) Retention Percentage: 10% Retention Release Event: (X) Completion of All Consultant Services City of Chula Vista & Duncan/Navigant Agreement April 15, 2003 MEU Feasibility Study Page 19 of 41 ADDENDUM1 MUNICIPAL ENERGY UTILITY FEASIBILITY ANALYSIS SCOPE OF WORK A. General Duties The Consultant Team shall analyzes and fully discusses the feasibility of developing a municipal energy business that meet as many of the following objectives as possible: 1 Establishes reliable and affordable electricity and natural gas supply and maintains the highest level of customer service. 2 Identifies a viable business model that benefits the City's time and investment. 3 Ensures an environmental advantage for City residents, businesses and the region. 4 Results in a citywide distribution of MEU benefits. 5 Utilization of the MEU as an economic development tool to retain and attract businesses. 6 Enhances Chula Vista's vision to continue as a vibrant community in the region. Phase I is to prepare a written report that analyzes and fully describes the Municipal Energy Utility ("MEU") options available to the City (It's more particularly set forth in Section B below). The report will answer the question: Is it desirable for the City of Chula Vista to pursue the implementation of a MEU. If so, what form of MEU? For each option identified and evaluated, the report will address and thoroughly discuss each option's merits relative to the City's objectives outlined above. The final report and recommendation shall be presented to the City Council in a public workshop setting. Contents of the Report The report should, at a minimum: Consider and incorporate, if appropriate, previous City actions and analysis contained in the City's adopted Energy Strategy and Action Plan. Identify the characteristics of Chula Vista that present opportunities or challenges to MEU implementation. Describe the various forms of MEUs; give California examples where possible. Identify the risks/benefits, pros/cons or each. Describe, step-by-step, the MEU formation and implementation process. Include a timeline. Include descriptions of any required City of Chula Vista & Duncan/Navigant Agreement April 15, 2003 MEU Feasibility Study Page 20 of 41 approvals from the CPUC, FERC, or other governmental agencies. Estimate and describe the fiscal, capital and staffing resources required for each stage of municipalization. Estimate and describe the costs, risks, potential environmental impacts and vulnerabilities of MEU formation and implementation. How can costs be managed, risks mitigated and environmental protection be enhanced? Describe the current legal, regulatory, political, and economic framework in which an MEU would operate, the challenges and opportunities presented thereby, and approaches to overcoming and taking advantage of such challenges and opportunities. Describe the potential Public Service benefits of MEU operation in Chula Vista: In what specific ways could a Chula Vista MEU deliver benefits not currently provided by SDG&E? = Provide case studies, which illustrate both the potential benefits and pitfalls of an MEU. 10. Identify alternative/lower risk approaches to MEU implementation including but not limited to aggregation (e.g., types of partnerships with SDG&E or regional partnerships). Identify the risks/benefits, pros/cons of each. In completing this Section consider alternatives contained in the City's existing Energy Strategy and Action Plan. 11. If justified by the analysis, recommend an initial MEU business that would implement City's energy objectives. Provide a proposed outline of a Focused Feasibility Study and Implementation Plan for the recommended MEU. Draft and Final Reports The report will be prepared initially in draft form for City staff comment. Intermediate draft reports will also be provided to SDG&E for review and comment prior to the preparation of the final report. Depending upon the timing of SDG&E's review and their comments, the final report may be delayed and/or modified, at the City's discretion, to incorporate their comments. A single copy, electronic if available, of all third party reports used as reference material or backup information to support the analysis shall be submitted to the City. City of Chula Vista & Duncan/Navigant Agreement April 15, 2003 MEU Feasibility Study Page 21 of 41 Throughout the report preparation process and as directed by City staff, Consultant Team shall meet with staff and/or outside parties from time to time to present progress reports and exchange information. City Council Workshop The Consultant Team shall conduct an extensive (half-day) workshop with the City Council, City staff, significant stakeholders and the public at large to discuss the report and MEU alternatives. The Consultant Team shall provide the primary presentation at the workshop in Power Point format. In order to provide background and context to the MEU analysis, City shall provide a concurrent update on negotiations with SDG&E, The San Diego Unified Port District, Duke Energy, and/or others, as relevant. The purpose of this workshop is to obtain City Council, stakeholder and resident/business input in order to determine whether or not to proceed with later phases of MEU analysis and development. Additional workshops may be scheduled as necessary to present the findings and answer questions regarding the written reports. Consultant services of additional workshops shall be available on a Time and Material basis (see cost proposal below). Presentation materials, which are included in the scope of work, shall be delivered to the City for potential City use at subsequent public forums. Additional Work The City may request additional work on terms that would be negotiated. One example of additional work contemplated is as follows: The Consultant Team shall evaluate and discuss potential joint City and San Diego Unified Port District partnerships regarding the South Bay Power Plant. The evaluation shall identify potential partnerships structures and the associated risk/benefits of such partnerships. B= Detailed Scol3e of Work: Task, Task Deliverable and Task Schedule and Billincl Points The Consultant Team shall conduct the following tasks and provide the required deliverables in accordance with the outlined schedule, In accordance with the requirements of Section 5.1.5 of the RFP, the Consultant Team has assigned key personnel of each member of the Consultant Team to work on specific Tasks enumerated and described below. These assignments together with an allocation of time for all project personnel is set forth below. The Consultant Team shall provide weekly one-hour progress updates to City staff either in person or via telephone conference as shall be mutually agreed by the parties. City of Chula Vista & Duncan/Navigant Agreement April 15, 2003 MEU Feasibility Study Page 22 of 41 TASK No. 1 Consider and incorporate, if appropriate, previous City actions and analysis contained in the City's adopted Energy Strate.qy and Action Plan Task No. 1 Descril~tion: The Consultant Team shall commence work on the feasibility analysis by conducting a comprehensive joint review of the City's adopted Energy Strategy and Action Plan to determine the extent to which data and information previously developed and considered by the City is useful and relevant to the completion of Phase I of the feasibility analysis. The Consultant Team shall consider and incorporate, where appropriate, any information, data and analysis set forth in the Energy Strategy and Action Plan and shall make a concerted effort to avoid the duplication of work already completed and available as a starting point for the feasibility analysis. To the extent necessary, the Consultant Team shall verify and update any information set forth in the Energy Strategy and Action Plan. Note: Prepatory to developing this proposal, the Consultant Team shall conduct a preliminary review of the City's Energy Strategy and Action Plan, develop an outline of the principal components of the Plan and consider the principle alternatives and recommendations set forth therein. Task No. I Deliverable: Energy Strategy and Action Plan Review: Provide written comments and overview of elements in the City Energy Strategy that will be incorporated into the Phase I feasibility analysis. Task No. I Schedule: Start: 4/17 End: 4~23 TASK No. 2 Identify the characteristics of Chula Vista that I~resent Opl~Ortunities or challen(les to MEU implementation Task No. 2 Description: Using the data and information set forth in the Energy Strategy and Action Plan and information and data otherwise provided by the City, the Consultant Team shall identify and assess the characteristics of Chula Vista which shall present both opportunities and challenges to MEU implementation. Among other factors, the Consultant Team shall examine the following characteristics of Chula Vista, which may bear upon or drive the selection of alternative implementation plans: City of Chula Vista & Duncan/Navigant Agreement April 15, 2003 MEU Feasibility Study Page 23 of 41 1 Size and composition of electric and gas utility requirements and composition of various classes of customers. 2 Location and availability of alternative electric transmission and gas pipeline facilities necessary to provide reliable electric and gas resources to Chula Vista and its inhabitants. 3 Location, availability and estimate of the price of alternative electric and gas resources from suppliers in Southern California and the Pacific Southwest. 4 Nature and extent of existing contracts or franchise rights of San Diego Gas & Electric Company within Chula Vista. 5 Configuration and condition of existing electric and gas utility facilities of San Diego Gas & Electric Company which may be acquired by Chula Vista either by negotiation or condemnation to establish the MEU system. 6 Analysis of the existing San Diego Gas & Electric Company system presently serving Chula Vista and environs to determine the extent to which that system shall have to be restructured and re- engineered to permit San Diego Gas & Electric Company to continue to provide adequate and reliable service to its remaining customers in the service territory. 7 Analysis of the comparative costs, benefits or negative impacts which may result from the construction of an entirely new utility system and infrastructure as an alternative to acquiring the existing facilities which now comprise the SDG&E electric and gas distribution system within the City. This analysis shall include an assessment of the environmental impacts which may be inherent in the duplication or overbuild of such facilities. 8 Analysis of the principle state and Federal laws applicable to the formation and operation of municipal energy utilities to identify any legal limitations or restrictions which may impede, delay or affect the critical path in the formation and implementation of an MEU. Task No. 2 Deliverable: Chula Vista Specific Opportunities and Challenges: An outline of the opportunities and challenges that is specific to Chula Vista and identifies the City's unique characteristics, available alternatives and planning issues. Specifically, a white paper that outlines opportunities currently available under the City's Ordinance creating Municipal Utility. City of Chula Vista & Duncan/Navigant Agreement April 15, 2003 MEU Feasibility Study Page 24 of 41 Task No. 2 Schedule: Start: 4/17 End: 4~24 TASK No. 3 Describe the various forms of MEUs available to Chula Vista; qive California examples where possible. Identify the risks/benefits, pros/cons of each Task No. 3 Description: Ultimately, the specific utility structure adopted by the City must be tailored to fit the City's objectives. Utility structures required for owning and operating electric and gas distribution systems vary greatly from those supporting electricity and gas aggregation and/or electric generation resource development. The Consultant Team shall describe the nature of the various structures, the strengths and weaknesses of each, and a review of recent public power endeavors in California and surrounding states. Following an analysis of the regulatory, legal and economic issues associated with each energy utility option, the Consultant Team shall return to the utility structure choice and present its recommendations. Structures for consideration shall include but not limited to: 1 Municipal Energy Utility (city structure versus utility district structure) 2 Green Fields Development 3 Community Aggregation Electricity - Community Choice Aggregation Natural Gas - Core and Non-Core Customer Aggregation 4 Creation of a Joint Powers Agency with other local governments Task No. 3 Deliverable: Analysis of selected MEU structures options: A written component of the final repot/describing utility structures, strengths and weaknesses as described above. Task No. 3 Schedule: Start: 4~24 End: 5/8 City of Chula Vista & Duncan/Navigant Agreement April 15, 2003 MEU Feasibility Study Page 25 of 41 TASK No. 4 Describe, step-by-step, the MEU formation and implementation process as applied to Chula Vista. Include a timeline reauired for each step and descriptions of any re(luired approvals from the CPUC, FERC or other Qovernmental aaencies Task No. 4 Description: The Consultant Team shall collaborate on the task of identifying and analyzing the applicable Federal, state and local laws relating to the formation and operation of municipal energy utilities. As part of this task, the Consultant Team shall identify the alternatives open to the City for the governance and management structure of an MEU, a description and analysis of the formal requirements (i.e., resolutions, referenda, notices and hearings) required in forming the governance and management of a City-owned MEU. To the extent that they are governed by state or local laws and regulations, timelines and notice requirements shall be provided in the step-by-step description of the formation and implementation process. To the extent that such timelines are not established by law or regulation, the Consultant Team shall provide an estimate of the time required to accomplish the objective or task. In performing this task, the Consultant Team shall give consideration to the existing structure and organization under which the City currently provides street lighting and traffic signal lights. Although municipal energy utilities are largely exempt from direct regulation by either the California Public Utilities Commission ("CPUC") or the Federal Energy Regulatory Commission ("FERC"), such utilities are required to interface and transact business with regulated utilities (e.q., San Diego Gas & Electric Company, Southern California Edison, and the California Independent System Operator Corporation), and, in this context, shall become involved in the regulatory process before both the CPUC and the FERC. DWG&P/M&B shall identify and describe those components of MEU formation and operation in which regulatory approvals may be necessary or required, e.g., the sale or purchase of regulated utility properties, the interconnection of gas or electric utility facilities with those owned and operated by non-exempt utilities, transmission or gas pipeline wheeling or delivery agreements, borderline agreements with regulated utilities, siting and location of new generating facilities, or the operation and upgrade of existing generation facilities such as the South Bay Power Plant. DWG&P/M&B shall also examine and describe the requirements of state and local laws, including the California Eminent Domain Law, applicable to the acquisition, by either negotiation or condemnation, of the existing electric and gas distribution systems of SDG&E. As part of this analysis, DWG&P/M&B shall describe both the requirements for initiating City of Chula Vista & Duncan/Navigant Agreement April 15, 2003 MEU Feasibility Study Page 26 of 41 negotiations with SDG&E, making a good faith offer to acquire utility facilities and other prerequisites to initiating condemnation procedures. To the extent that such matters are governed by state or local laws, DWG&P/M&B shall provide specific timelines for each stage of the acquisition process. DWG&P shall also identify and discuss the legal standards applicable in utility condemnation cases and the methods that are commonly used for valuing utility property in condemnation proceedings. To the extent that the City proposes or undertakes to build, operate or upgrade any utility facilities (e..q., the South Bay Power Plant) for which approvals or certificates of convenience and necessity are required or which fall under state or Federal environmental protection regulations, the Consultant Team shall describe such requirements and procedures together with applicable standards. Task No. 4 Deliverable: Procedural information on utility formation: A "step-by-step" procedural roadmap for forming a selected utility structures addressing each of the components described in the description above. Task No. 4 Schedule: Start: 4/24 End: 5/14 TASK No. 5 Estimate and describe the financial and human cal3ital resources re(luired for each statue of municil~alization Task No. 5 Descril3tion: The Consultant Team shall provide the estimated cost and professional capabilities required for each phase of implementing the prospective MEU (project costs are addressed in more detail under Task No. 6 below). The Consultant Team shall advise the City what legal, technical, and financial skill sets are required at each phase of planning and implementation process, as well as the estimated hours of labor by skill category along with representative budgetary estimates. The basis for MEU operational management and staff shall be benchmarking like-sized utilities (primarily in California and/or the Western United States) providing similar utility services. City of Chula Vista & Duncan/Navigant Agreement April 15, 2003 MEU Feasibility Study Page 27 of 41 Task No. $ Deliverable: Resources required for MEU formation: An outline of the fiscal, capital aqd staffing resources required for various phases of formation. Task No. 5 Schedule: Start: 5/7 End: 5121 TASK No. 6 Estimate and describe the costs, risks, potential environmental impacts and vulnerabilities of MEU's formation and implementation. How can costs be manacled and risks miticlated? Task No. 6 Description: The Consultant Team shall address each of the issues described under Task 6 in logical order where the operational feasibility of the given MEU structure shall be subject to a preliminary cost-benefit pre-screening. The preliminary cost-benefit assessment is described in more detail below. Pending a positive feasibility screening, the team shall identify risk, risk mitigation, and attendant strategic vulnerabilities for each MEU structure option. Where appropriate, as in the case of renewable energy projects, potential environmental impacts shall be summarized. Environmental impact reports typical for conventional generation project siting requirements would be addressed in the Phase-II - Focused Feasibility Study and Implementation Plan. Preliminary Cost-Benefit Analyses: The cost-benefits and feasibility of implementing selected utility structure options shall be determined by incorporating prospective loads, load shapes, existing (SDG&E) rates, energy resource supply portfolios, capital costs, debt service, operation and maintenance cost projections, exit fees, in-lieu tax payments and much more in Navigant Consulting's proprietary Utility Feasibility and Cost of Service model (UFCOS). The UFCOS Model output reports shall include cost-of-service requirements, revenue projections and the bases for preliminary rate design. The UFCOS platform enables iterative sensitivity analyses of variations in forward energy prices, fuel costs, asset valuation alternatives and myriad restructuring scenarios. A more detailed explanation of feasibility modeling inputs is set forth below: City of Chula Vista & Duncan/Navigant Agreement April 15, 2003 MEU Feasibility Study Page 28 of 41 Analysis of Chula Vista Loads The City provided information on citywide energy consumption in its RFP. To assemble an optimum energy resource portfolio, and associated projected costs for inclusion in the UFCOS model, Navigant Consulting shall develop electricity and natural gas, hourly and seasonal time-of-use load shapes and load duration curves, respectively. After establishing the required load information, Navigant Consu!ting shall produce a twenty-year demand and energy forecast. This forecast shall be used as a basis for assessing power supply requirements. 2. Power Supply Costs Navigant Consulting's electric power and natural gas supply cost assumptions shall be based on studies including: A forward pricing analysis of the wholesale electric power market with sensitivity to fuel prices, regional hydro flows, load growth, generation resoume retirements and additions, and transmission congestion; An analysis of the existing power contracts market to evaluate current and projected cost for standard commercially traded power contracts (base-load, peak-period and load-following); Evaluation of the City's potential participation in generation projects, including (but not solely limited to) the relocation and repowering the South Bay Power Plant, local generating options and other partnership development options with other utilities and independent power producers, and; Analysis of renewable energy sources and demand side programs as part of the power supply portfolio. 3. Distribution Infrastructure Acquisition Costs Navigant Consulting shall perform a preliminary analysis of the condition and value of the electric and natural gas distribution systems that may be acquired by the City. In this Phase of the feasibility analysis, prototypical industry standard distribution system infrastructure investment will be used as proxy to value City of Chula Vista & Duncan/Navigant Agreement April 15, 2003 MEU Feasibility Study Page 29 of 41 distribution assets (Phase II will include a distribution system inventory and specific asset valuation not included in this scope of work). 4. Operation and Maintenance Costs The Consultant Team shall provide an analysis of utility operation issues the City would need to consider, including a discussion of the benefits of performing the following activities internally or outsourcing as deemed appropriate: 2 3 4 5 Human Resoumes (discussed under Task 5, above) Management Staff Equipment Capital improvements Billing/metering/etc. Severance Costs Operations and maintenance Startup Costs Operation and maintenance expense estimates for the City shall be consistent with cost-of-service studies for like-sized utilities for distribution, customer services (includes customer accounting, customer service and sales) and administrative and general expenses, all such expenses shall be allocated on a per customer basis and incorporated in UFCOS. Task No, 6 Deliverable: Cost-benefit & risk assessment for feasible structures - business models: A narrative incorporating the above description discussing the structure feasibility review for each business model; supporting pro forma and risk analysis data will be provided. An interim report which addresses the availability of local energy procurement opportunities from the South Bay Power Plant and other examples that could include the Goodrich Cogeneration Facility, Otay Mesa Generating Plant, SEMPRA projects in the U.S. and Mexico and LNG projects by other energy companies. Task No. 6 Schedule: Start: 517 End: 5~27 City of Chula Vista & Duncan/Navigant Agreement April 15, 2003 MEU Feasibility Study Page 30 of 41 TASK No. 7 Describe the current leclal, re.qulatorv, political, and economic framework in which an MEU would operate, the challencles and opportunities presented thereby, and approaches to overcomin~l and takin~l advantaqe of such challenqes and opportunities Task No. 7 Description: As discussed in the text of the discussion of Task No. 4 above, municipal energy utilities operated in the State of California are, for the most part, exempt from regulation by either the CPUC or the FERC. However, as previously discussed, the interface of an MEU with regulated utilities (both electric and gas) shall subject the operations and transactions of an MEU to some regulatory scrutiny at both the state and Federal level. The Consultant Team shall provide an overview of the legal, regulatory, political and economic framework in which an MEU would operate. It is particularly critical that the City understand the implications of the electric industry restructuring process, which has substantially modified the legal, regulatory, political and economic framework of the electric industry in the State of California since 1998. In this regard, the California investor- owned utilities (including SDG&E) have, in accordance with California State Law (Assembly Bill 1890) turned over their high voltage transmission facilities comprising the California Transmission Grid to the California Independent System Operator (CAISO). The CAISO is now the Control Area Operator and the operator of the California transmission grid and, while there may be a number of alternatives open to an MEU for obtaining power resources, a new MEU in Chula Vista shall almost inevitably be faced with the requirement for transacting business with the CAISO which, like the investor-owned utilities in California, is regulated by the FERC. There are distinct advantages and disadvantages to becoming a "Participating Transmission Owner" under the CAISO Tariff, and there are a myriad of potential costs and charges that may be imposed on the MEU in transactions involving the use of the CAISO controlled transmission grid. DWG&P/M&B shall describe and summarize the implications of transacting business with the CAISO under the current utility structure in California. As part of this analysis, the Consultant Team shall also analyze and discuss the economic advantages and disadvantages of MEU ownership and operation and shall identify and discuss both political and regulatory proposals which are currently under review to further reform the regulatory and operational structures of the electric and natural gas industries in California and on a regional and national basis. City of Chula Vista & Duncan/Navigant Agreement April 15, 2003 MEU Feasibility Study Page 31 of 41 Task No. 7 Deliverable: Legal, regulatory & economic challenges: A narrative analysis of legal, regulatory & economic framework of potential Chula Vista MEUs. Task No. 7 Schedule: Start: 4~24 End: 5/16 TASK No. 8 Describe the notential benefits of MEU oneration in Chula Vista: In what sl)ecific ways could a Chula Vista MEU deliver "Public Benefits" not currently I~rovided by SDG&E? Task No. I Descril~tion: With respect to each alternative MEU model or alternative deemed by the Consultant Team to be feasible and worthy of further consideration (including further analysis and consideration in the Focused Feasibility Study and Implementation Plan contemplated in Phase II of the Project), the Consultant Team shall identify and discuss all potential benefits of MEU operation in Chula Vista, together with any downside risks or potential detriments which might attend the adoption and implementation of such alternative. As part of this Task, the Consultant Team shall address, in the context of discussing each alternative open to the City, the specific ways in which a Chula Vista MEU might deliver Public Benefits which ara not currently provided by the utility operations of SDG&E. In performing this Task and making the foregoing comparison of Public Benefits, the Navigant Consulting UFCOS model shall be particularly useful and adaptable to the Task. The application of the UFCOS model and the interpretation by the Consultant Team of modeled results shall highlight and support a comparison of projected MEU charges and customer benefits with those currently provided by SDG&E. In this scenario, the City may select among those energy alternatives, which optimizes Public Benefits for the MEU plan ultimately implemented. Based on the application of the UFCOS model, the findings and conclusions of the Consultant Team shall be fully and easily identified and presented in a detailed, utility-specific operating pro forma accompanied by a concise narrative analysis. A comparative analysis of projected MEU operations as opposed to the continuation of service from SDG&E shall be provided. As required by the RFP, the Consultant Team shall identify both the pros and cons of the formation and operation of an MEU. The formation and operation of an MEU shall, for example, result in the removal of SDG&E's utility facilities from the tax rolls of the City of Chula Vista, San Diego City of Chula Vista & Duncan/Navigant Agreement April 15, 2003 MEU Feasibility Study Page 32 of 41 County, and possibly other taxing entities, resulting in the loss of tax revenues now enjoyed by the City. The Consultant Team shall address the issue of lost tax revenues and include both a discussion of the net benefits flowing to the City to offset lost tax revenue and methods for alleviating or minimizing such adverse effects of MEU ownership of utility facilities (e.g., the possibility of making in-lieu payments to the City and other taxing entities to offset the loss of tax revenues). In addition to positive business case pre formas demonstrating the financial feasibility in terms of the potential to provide rate relief for the City and its citizens, the Consultant Team shall summarize key strategic strengths and weaknesses for the City to consider. Issues such as how the City can leverage existing City services, increase operational efficiencies and lower existing costs, provide future price stability for the provision of electricity and natural gas, and exert additional local control of energy decisions impacting Chula Vista and its constituents. Task No. 8 Deliverable: Results from Cost-benefit analysis - Task 6: A narrative interpretation of financial pro forma - analysis of financial and other benefits. Task No. 8 Schedule: Start: 5/16 End: 6/9 TASK No. 9 Provide case studies, which illustrate both the potential benefits and pitfalls of an MEU Task No. 9 Description: The Consultant Team shall compile a series of case studies of MEU projects, in California and in other states, which shall focus on both the potential benefits and the pitfalls of forming and operating an MEU, The Consultant Team shall provide a more extensive description and analysis of those projects and shall describe and analyze other projects which may provide insight and perspective on both the pros and cons of forming and operating an MEU in the current environment of the California energy market. Task No. 9 Deliverable: Examples of Cities trying similar energy initiatives: A narrative of applicable successes - failures and lessons learned. City of Chula Vista & Duncan/Navigant Agreement April 15, 2003 MEU Feasibility Study Page 33 of 41 Task No. 9 Schedule: Start: 5/20 End: 5/26 TASK No. 10 Identify alternatives/lower risk approaches to MEU implementation includincl, but not limited to, aClclre~lation (e.~l. types of partnerships with SDG&E or reqional I=artnerships). Identifv the risks/benefits, pros/cons of each. In completin.cl this Section consider alternatives contained in the City's existinQ EnerQv StrsteclV and Action Plan Task No. 10 Description: As discussed under Task No. 1 above, the Consultant Team shall commence its analysis of the alternatives open to the City by reviewing and analyzing the City's Existing Energy Strategy and Action Plan. To the extent that the Consultant Team regards any of the alternatives set forth in the Energy Strategy and Action Plan to be feasible and beneficial, they shall provide a more thorough analysis of such alternatives and provide a discussion of both the advantages and disadvantages of such alternatives. Among the alternatives set forth in the Energy Strategy and Action Plan is the potential for the City to limit the role of the MEU to that of an aggregator rather than establishing a fully operational municipal electric and gas distribution system. In this regard, the Consultant Team is fully familiar with the terms and conditions of the recently enacted Assembly Bill No. AB117 ("AB117"), which permits municipalities in California to adopt and implement a Community Choice Aggregation program. As part of the study, the Consultant Team shall describe and explain the terms and conditions of AB 117 and, to the extent they are available, provide a listing and description of Community Choice Aggregation programs which are already up and running in the State of California. An examination of the potential benefits of community aggregation cost-benefits can be provided as one of the scenarios performed under the UFCOS modeling effort. As part of this Task, the Consultant Team shall also identify and describe the opportunities open to an MEU under California law to form or participate in joint action projects and organizations with other MEU's. In this regard, existing MEU's in California have formed and are operating several joint action agencies which allow them to participate, in concert with other established MEUs, in generation and transmission projects to minimize expense, to increase bargaining strength, and to take advantage of the economies of scale. The following joint action agencies ara currently successfully operating in the State of California to provide their respective members with energy alternatives, which would not be City of Chula Vista & Duncan/Navigant Agreement April 15, 2003 MEU Feasibility Study Page 34 of 41 available or feasible on a system-by-system basis: Northern California Power Aclency ("NCPA") A joint action agency consisting of f4 municipal electric systems and 8 associate members in Northern California. NCPA provides both generation and transmission resources to its members and serves as a vehicle for jointly contracting for power and energy resources throughout the region with the Federal Government and with private suppliers. Transmission A(~encv of Northern California ("TANC") A joint action agency consisting of '14 municipal electric systems and a rural electric cooperative located principally in Northern California, but extending as far south as Lompoc, California. TANC built, financed and owns approximately 79% of the California- Oregon Transmission Project ("COTP"), a high voltage (500kv) transmission line that extends some 345 miles from Central California to the California-Oregon border. TANC also has contractual rights for 300 MW of Firm Transmission service on the transmission system of Pacific Gas & Electric Company ("PG&E"), which is now under the operational control of the California ISO. TANC provides transmission service to its Members to allow them to access economical energy resoumes in the Pacific Northwest and throughout the State of California. M-S-R Public Power Aclencv ("M-S-R") A joint action agency consisting of the Cities of Redding and Santa Clara (Silicon Valley Power) and Modesto Irrigation District. M-S-R, through contracts with Southern California Edison Company and other utilities, provides transmission service to its Members to allow them to access energy resources, including the delivery of power from the San Juan Generating Station in the State of New Mexico, which is owned, in part, by the Members of M-S-R. Southern California Public Power Association ("SCPPA") A joint action agency consisting of some 10 municipal electric systems located in Southern California, including the Los Angeles Department of Water and Power, the largest municipal utility in the United States. SCPPA provides both generation and transmission resources for its members through both the ownership of facilities and under contracts with suppliers. SCPPA was created by its members to finance, construct and own electric generation and City of Chula Vista & Duncan/Navigant Agreement April 15, 2003 MEU Feasibility Study Page 35 of 41 transmission facilities on their behalf. SCPPA financed, acquired and owns interests in the Pale Verde Nuclear Generation Station, the San Juan Generating Station, the Southern Transmission Project and the Mead-Adelanto and Mead-Phoenix Projects. It is significant that the members of the Consultant Team have per[ormed extensive legal, engineering and consulting services to those joint action agencies identified above and to their members and are currently retained by TANC, M-S-R, and by many of the individual members of each of the joint action agencies identified above. Members of the Consultant Team have actively participated in the development of these agencies and agency projects over the past eighteen years and shall draw on that experience in analyzing similar opportunities open to Chula Vista in the event that the City elects to form and operate an MEU. Task No. 10 Deliverable: Review utility option short list and alternatives: Analysis of Community Aggregation and/or other available partnership options. Task No. 10 Schedule: Start: 5/16 End: 619 TASK No. 11 If iustified by the analvsis, recommends an initial MEU business model that would iml~lement City's enerclv obiectives. Provide a 13rol3osed outline of a Focused Feasibility Study and Iml31ementation Plan for the recommended MEU. {Refer to City staff's draft outline for a Phase II analvsis, attached} Task No. 11 Description: Following the completion of Task 10 The Consultant Team will recommend which of the utility structure option(s) best meets the City's objectives set forth in the City's existing Energy Strategy and Action Plan. The Consultant Team's utility structure recommendation will summarize analyses performed under Tasks 1 through 10. Recommendation advanced by the Study Team will include the following elements: A general description of the utility option, its services and target markets Business case pre forma with narrative based on preliminary analysis of the following: Chula Vista Loads Energy resource portfolio and power supply costs City of Chula Vista & Duncan/Navigant Agreement April 15, 2003 MEU Feasibility Study Page 36 of 41 Infrastructure acquisition costs Operation and maintenance costs - Utility business structure and framework - Requirements to interconnect and interface with SDG&E and CAISO - Preliminary implementation schedule - Finance options The Consultant Team will provide a comprehensive outline and description of the components, which should be addressed and included in a Focused Feasibility Study and Implementation Plan (Phase-II Study). In most respects, the outline of the Focused Feasibility and Implementation Plan calls for the development and analysis of the same type of data and information as that required in the Phase I analysis, but with focus on those alternative energy development programs which appear to be most beneficial and feasible. In performing the Phase I analysis, the Consultant Team would make a conscious effort to develop, include and reference data and information which can readily be revisited, updated and incorporated in the Phase II Project without unnecessary duplication or additional expense and reflecting savings to the City in the performance of the Focused Feasibility Study and Implementation Plan in Phase II. Draft and Final Reports The Consultant Team shall prepare a draft report that addresses all of the issues and options discussed above. The draft report shall include a discussion of the pres and cons of the alternatives available to the Cities as well as opportunities and impediments the Cities may face under the various alternatives. This report shall be shared with the City Staff for review and the Consultant Team shall incorporate the City Staff's comments and finalize the report. The final report shall be compiled and presented to the City no later than Julv 25, 2003. Twelve (12) hard copies of all reports, and engineering drawings as appropriate (draft and final), plus an additional electronic copy on a Compact Disk (CD) shall be provided, using programs compatible with the programs existing on the City's computer network (e.g. Adobe Acrobat, Word, Excel, Access, etc.). Copies of all third party reports used as a reference for this effort shall be provided City of Chula Vista & Duncan/Navigant Agreement April 15, 2003 MEU Feasibility Study Page 37 of 41 Workshop The Consultant Team shall conduct a half-day workshop/strategy session with the City to discuss the findings in the report. In addition, this workshop shall provide an opportunity to discuss the merits of the various alternatives and options for the City to consider. This workshop shall also provide opportunities to explore the potential next steps (if any) that are appropriate for the City to undertake. Presentation materials shell be delivered to the City for potential City use at subsequent public forums. Task No. 11 Deliverable: Business Model Analysis and interpretation of work to-date; recommendation: · A recommendation to the City to move forward on a focused Feasibility Study & Implementation Plan for the preferred municipal energy utility structure options. · A final draft report for Staff comments. · A final report with recommendations. 12 hard copies and an electronic copy of the report will be submitted. · As a component of the draft and final reports, a recommendation of an initial MEU business model with the following elements: o A general description of the utility option, its services and target markets o Business case pro forma with narrative based on preliminary analysis of the following: o Chula Vista Loads o Energy resource portfolio and power supply costs o Infrastructure acquisition costs o Operation and maintenance costs · Utility business structure and framework · Requirements to interconnect and interface with SDG&E and CAISO · Preliminary implementation schedule · Finance options · A half-day Council Workshop to present the final report and recommendations to the public for comments. · Presentation materials on MEU options, alternatives and recommendations, which are included in the scope of work, shall be delivered to the City for potential City use at subsequent public forums. Task No. 11 Schedule: Start: 6/7 End: 6/18 City of Chula Vista & Duncan/Navigant Agreement April 15, 2003 MEU Feasibility Study Page 38 of 41 C. PROJECT SCHEDULE The Consultant Team is prepared to commence work on Phase I of the MEU Project (commencing with Task No. 1) upon a signed contract. The Consultant Team commits to providing the City Staff with a draft of Phase I Report on or before July 7, 2003, and to provide the City with a final report, which includes all City Staff comments, on or before July 25, 2003. it is anticipated that representatives of the Consultant Team shall meet and confer as necessary with representatives of the City Staff between July 8, 2003 and July 18, 2003, to ensure that both the Consultant Team and City Staff fully understand the content of the draft report and agree that all necessary work has been completed on each Project Task to allow the City Staff and the City to make an informed decision on the contents and recommendations of the Final Report and to make further critical decisions respecting the implementation of Phase II of the MEU Project. As required in this Section of the RFP, the Consultant Team provides the following projected schedule for the completion of each of the discrete Tasks set forth above: TASK Work Element Completion Date Kick-off Meeting 4/16 Task I Energy and Strategy 4/17 to 4/23 Action Plan Review Review of Chula Vista characteristics Forms of MEUs MEU Formation Process Financial and human capital resources Costs, risks of MEU formation Legal, regulatory framework Benefits of Chula Vista Task 2 4/17 to 4/24 Task 3 4/24 to 5/8 Task 4 4/24 to 5/14 Task 5 5/7 to 5/21 Task 6 5/7 to 5/27 Task 7 4/24 to 5/16 Task 8 5/16 to 6/9 City of Chula Vista & Duncan/Navigant Agreement April 15, 2003 MEU Feasibility Study Page 39 of 41 Task 9 Task10 Task11 forming MEU Case Studies Alternatives Recommendations Finalize draft report Staff comments - possible meetings, conferences with City Staff 5/20 to 5/26 5/16 to 6/9 5/27 to 6/18 6/7 to 7/7 7/8 to 7/18 Integrate Staff Comments; prepare final report 7/18 to 7/25 Workshop (date to be determined by City) TBD The final schedule is to be set as agreed to between the City and Consultant Team at the kick-off meeting. To ensure timely execution of the project, the Consultant Team shall provide weekly one-hour progress updates to City staff either in person or via telephone conference as shall be mutually agreed by the parties. E. BILL PROCESSING Invoices will be submitted and processed for payment based on the following schedule of events: Billina Point #1 Completion of Tasks No. 1 to 4. Submittal of all preliminary reports, outlines and narratives from Tasks No. 1 to4. Billina Point #2 Completion of Tasks No. 5 to 8. Submittal of all preliminary reports, outlines and narratives from Tasks No. 5to 8. Billin(~ Point #3 Completion of Tasks No. 9 to 11 and submittal of the draft report. City of Chula Vista & Duncan/Navigant Agreement April 15, 2003 MEU Feasibility Study Page 40 of 41 Billina Point #4: Request Release of Retention Completion of Tasks No. 1 to 11. Submittal of the final report. Completion of the half-day Council Workshop. [END OFADDENDUM] City of Chula Vista & Duncan/Navigant Agreement April 15, 2003 MEU Feasibility Study Page 41 of 41 COUNCIL AGENDA STATEMENT Item I~ Meeting Date 4/15/03 ITEM TITLE: SUBMITTED BY: REVIEWED BY: Public Hearing to consider the adoption of an Urgency Ordinance approving an increase of the Sewerage Capacity Charge and the modification of the Master Fee Schedule. Urgency Ordinance Approving an increase of the Sewerage Capacity Charge and the modification of the Master Fee Schedule. Director of Engineering,,~ City Managefl~; 07' ~ (4/5thSVote:Yes X No ) On March 18, 2003, City Council approved Urgency Ordinance No. 2900-A, approving an increase to the Sewerage Capacity Charge and the modification of the Master Fee Schedule to reflect mentioned increase. This proposed Urgency Ordinance will enable the City to continue to collect the charge during the sixty (60) day waiting period before the regular Ordinance becomes effective. The public hearing has been duly noticed. RECOMMENDATION: That City Council: 1. Conduct the public heating 2. Approve the Urgency Ordinance implementing an increase of the Sewerage Capacity Charge and modifying the Master Fee Schedule. BOARDS/COMMISSIONS RECOMMENDATIONS: Not applicable DISCUSSION: The increase to the Sewerage Capacity Charge was introduced on March 18, 2003 and approved on March 25, 2003 by Ordinance 2900. It will become effective sixty (60) days after its adoption. Urgency Ordinance 2900-A, which was approved on March 18, 2003, expires thirty (30) days after its adoption. Tonight's Ordinance, if approved, will extend the Urgency Ordinance for an additional thirty (30) days. A second extension of the Urgency Ordinance will be brought to Council on May 13, 2003 to prolong the collection of the charge until the regular Ordinance becomes effective. The approved Ordinance No. 2900 allows the City to increase the Sewerage Capacity Charge from $2,220 per Equivalent Dwelling Unit (EDU) to $3,000 per EDU. The same increase was discussed and adopted by the Urgency Ordinance No. 2900-A approved on March 18, 2003. The Page 2, Item ]~ Meeting Date 4/15/03 Council Agenda Statement from that date setting forth details regarding the need for the increase is attached hereto. The basis and mechanism to calculate the new Sewerage Capacity Charge is fully explained in the March 18, 2003 Agenda Statement, attached hereto. Table 1 presents the calculation, using the Engineering News Record Construction Cost Index ENR-CCI) reconunended by the consultant. ENR Construction Cost Index for July 1990 ENR Construction Cost Index for July 2002 Increase in Index (6605 / 4734) Revised Fee ($2,220 x 1.3952) Recommended Fee Net Increase ($) 4734 6605 1.3952 $3,09 7 $3,000 $780 This charge will be payable at the time a building permit is issued and will be in addition to any applicable Development Impact Fee. Findings Staff recommends that the increase to the Sewerage Capacity Charge go into effect immediately by adopting the Urgency Ordinance. The urgent execution of the charge is needed in order to require all developments to pay their fair share of the cost of: purchasing additional sewage treatment capacity; constructing improvements to enhance the capacity of the City's sewer system and all other related costs or impacts to the collection system caused by their development. Furthermore, 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 funds required to pay for the required improvements to the wastewater collection system and to purchase additional sewage treatment capacity. The prospect of a deficit, inadequate sewage treatment capacity necessary for the continuation of development within the City, 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 increase of this fee. Environmental Impact 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(93) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. Page 3, Item I~ Meeting Date 4/15/03 FISCAL IMPACT: It is estimated that over the next eight months that this fee will be in effect pr/or to the anticipated adoption of the Wastewater Master Plan, it will result in additional revenues of $1,560,000 (assuming that 2,000 permits are approved over this period). If this Ordinance is not implemented, this revenue will be lost; thereby necessitating additional increases at the conclusion of the study beyond what the final recommendation would have been. The Trunk Sewer capital Reserve Fund currently has an unappropriated balance of approximately $15.1 Million Dollars. Attachment 1: Council Agenda Statement for March 18, 2003 J:\Engineer~AGENDA~sewer capaci~ increase-agenda-2nd urg ord.sh,doc COUNCIL AGENDA STATEMENT Item ~ Meeting Date 3/18/03. ITEM TITLE: Public hearing to consider an increase of the Sewerage Capacity Charge and the modifieatinn of the Master Fee Schedule. Ordinance ~2~qt~0 approving an increase of the Sewerage Capacity Charge and the modification of the Master Fee Schedule. ~r Urgency Ordinance,fl~Ot>tJ'/~approving an increase of the Sewerage Capacity Charge and the modification of the Master Fee Schedule. SUBMITTED BY: REVIEWED BY: Director of Engineedng~ City Manager~o~ ~ (4/5tbs Vote: Yes X No ) The City of San Diego, as part of the Metropolitan Wastewater District ("Metro"), provides sewage treatment services to fourteen participating agencies that do not own and operate a sewage treatment facility. The City of Chula Vista, along with the other participating agencies, sends all the sewage generated to the City of San Diego's Point Loma Wastewater Treatment Plant for treatment. In 1985, the City of Chula Vista established the Sewerage Capacity Charge to finance the purchase of capacity in the Metro sewer system, construct improvements to enhance capacity in the City's sewer system and to pay for the treatment of the sewage. Since 1990, the City has not adjusted the Sewerage Capacity Charge, even though Metro's costs for the provision of sewage capacity and treatment have been increasing annually. In addition, no adjustments had been done to this charge to keep up with inflation, as was originally intended at the inception of the fee. The approval of these Ordinances will facilitate an increase of the fee utilizing the Construction Cost Index (which takes into consideration the effects of inflation), pending the completion of a comprehensive study currently underway to determine the new fee mount. RECOMMENDATION: That City Council: 1. Conduct the Public Heating. 2. Approve the Ordinance implementing an increase of the Sewerage Capacity Charge and modifying the Master Fee Schedule (fast reading). 3. Approve the Urgency Ordinance implementing an increase of the Sewerage Capacity Charge and modifying the Master Fee Schedule. BOARDS / COMMISSIONS RECOMMENDATION: Not applicable. Page 2, Item ~ Meeting Date 3/18/03 DISCUSSION: Background The Sewerage Capacity Charge is paid by the owner or person applying for a permit to develop or modify the use of any residential, commercial, industrial or other property, which is projected by the City Engineer to increase the volmne of flow in the City's sewer system by at least one- half of one Equivalent Dwelling Unit of flow. Prior to 1985, the City of Chula Vista was one of the very few agencies, which did not impose a charge against new construction for sewage treatment and trunk sewer capacity. Capacity in such facilities was characterigtically provided at public expense and the City typically allowed a wide degree of latitude for community development. In March of 1985, the Engineering Department prepared a Study titled "Sewerage Facility Participation Fee Study-Modified March 1985" (Attachment 1). The purpose of this study was to investigate the feasibility of establishing a capacity fee that would be applicable to all new sewer connections to the City's sewer collection system. This study recommended among other things, the establishment of a Sewerage Participation fee that would be adjusted on an annual basis to reflect changes in construction costs (suggested basis - Engineering News Record Construction Index most applicable to July 1 of each year). Subsequently, on April 2, 1985, Council approved Ordinance No. 2107, which established the Sewerage Facility Participation Fee, now referred to as the Sewerage Capacity Charge, to enable the citizenry to be repaid for their initial investment and to facilitate the development of Chula Vista. At that time the fee was set to be $300 per Equivalent Dwelling Unit (EDU). Two years later, in anticipation of the significant costs of upgrading the Point Loma Wastewater Treatment Plant to a secondary treatment facility, for which the City of Chula Vista, as well as other participating agencies was liable, Council on May 5, 1987, approved Resolution No. 13004 and Ordinance No. 2002 increasing the Sewerage Participation Fee from $300 to $660. In 1989, following the adoption of the Clean Water Act, the Environmental Protection Agency (EPA) d)rected the City of San Diego to upgrade the Point Loma Treatment Plant to a Secondary Treatment facility. Since Federal funds were not anticipated to be available for the required upgrades at that time, and the cost of bringing the Plant into compliance appeared to be far greater than what was originally anticipated in 1987, Council, on October 17, 1989 approved Resolution Nos. 15352 and 15352A. These Resolutions increased the Sewerage Participating Fee to $2,000, pending the completion of various studies being conducted at that time to determine the full impacts/costs of upgrading the treatment plant. One year later, on October 9, 1990, Council, by Resolution 15894, further increased the Sewer Participation Fee to $2,220 to enable the City meet its obligation to the Metro System for the upgrade of the treatment plant. The Resolution further recommended that the Sewerage Capacity Charge be increased annually by 11% for a period of 8 to 10 years thereafter. This recommendation was made in anticipation of future expenditures that might have been incurred by the Metro system to comply with EPA regulations. Page 3, Item ~ Meeting Date 3/18/03 Since then, although the original study which established the fee and subsequem Council actions had recommended that the City update the fee annually to reflect the increase in capacity, improvements, maintenance and operation costs, this was not done due to a variety of reasons. Need for the Update of the Sewerage Capacity Charge As stated in Section 3;14.010 of the City of Chula Vista Municipal Code, all revenue derived fi-om the Sewerage Capacity Charge is deposited in the Trunk Sewer Capital Reserve Fund. The Trunk Sewer Capital Reserve Fund is used solely for the following purposes, unless the City Council vote to appropriate such funds for other purposes; provided such other purposes are for the planning, design, or construction of sewage collection or treatment or water reclamation purposes or incidental thereto: 1. Paying all or any part of the cost and expense to enlarge sewer facilities of the. City so as to enhance efficiency of utilization and/or adequacy of capacity in order to effectively serve the needs of the City; ~ 2. Paying all or any part of the cost and expense to plan and/or evaluate any future proposals for area-wide sewage treatment and/or water reclamation systems or facilities. Therefore, revenue derived from the Sewerage Capacity Charge is primarily used to provide capacity both for conveyance and treatment. The City of Chula Vista currently has 19.843 million gallons per day (MGD)' of sewage treaunent capacity rights within the Metro system; however, the City currently generates approximately 16.5 MGD of sewage. In the last few years, the City has experienced a significant amount of growth, and as the flow generation continues to increase, it is imperative that the City be proactive in planning for the acquisition of additional capacity rights within the Metro system to sustain the City to buildout conditions. More specifically, this increase of the Sewer Participation Fee is needed for th~ following reasons.' 1. Acquisition of additional Capacity Rights The existing capacity in the Metro system was originally acquired with funds generated by the Sewerage Capacity Charge that existing residents paid when they made their connection to the City's sewer system. If reserve capacity in the Metro sewer system had not been purchased, new residents would either not be permitted to connect, or would have been required to pay for the acquisition of additional treatment capacity. Instead, new residents are permitted to connect to the system and make use of the reserve capacity held by the City. Recent projections of the City's future sewage generation and treatment needs indicate that it will soon be necessary for the City to acquire additional capacity rights in the Metro Sewage System. 2. Annual Increase in Metropolitan Sewerage System Costs Page 4, Item :~ Meeting Date 3/18/03 The City of Chula Vista is responsible for the operation and maintenance of the local collection system. Wastewater generated from the City is discharged Into the Metro system and conveyed to the City of San Diego's Point Loma Wastewater Treatment Plant for handling. In accordance with the tenns of the Metro Agreement, the City of Chula Vista pays for the treatment of the wastewater based on the quantity and quality of the generated sewage. Comparing the City of Chula Vista's Metro expenditure during the Fiscal Year when the last Sewerage Capacity Charge increase occurred to the current Fiscal Year, we see that the wastewater treatment costs had increased significantly. The Metro costs include costs for operations and maintenance, capital improvement project expenditure and related debt financing. The capital costs ultimately impact the Sewer Capacity Fee. In Fiscal Year 1990, the City's overall Metro expenditure for sewage treatment for approximately ,13 MGD was $4,474,545. More recently, for Fiscal Year 2002, the City's total Metro expenditure for the treatment of 15.3 MGD of sewage was $11,600,242 (See Attachment No. 2). The following table shows these expenditures. FISCAL YEAR SEWAGE (MGD) EXPENDITURE 1990 13 $ 4,474,545 2002 15.3 $11,600,242 INCREMENT FROM 2.3 $ 7,125,697 FY 1990 TO FY 2002 Increase in the Need for Improvements Created by the Demand for More Capacity in the Sewer System The surge of development and the proportionate increase in the demand for wastewater services during recent years has necessitated that the City invest in various improvements to the existing infi:astmcture. The cost of some of these improvements varied significantly from what was originally estimated. For example, the Salt Creek Gravity Sewer Interceptor which the City partially funded utilizing the Trunk Sewer Capital Reserve Funds ultimately cost approximately $12 Million Dollars more than was originally budgeted. City Council, on August 13, 2002 passed Resolution 2002-297 appropriating funds from the Trunk Sewer Capital Reserve Fund to finance the Salt Creek Gravity Sewer Interceptor project. In addition, the Telegraph Canyon Trunk Sewer was also improved utilizing approximately $2.2 Million Dollars of Trunk Sewer Funds, which was not originally contemplated. The City recently retained PBS&J to update the City's Wastewater Master Plan. The primary goal of the Wastewater Master Plan Update is to evaluate the adequacy of the existing wastewater collection system to sustain the long-term growth of the City. The plan will assist the City in budgeting for Capital Improvement Projects (C[P), allocating resources for the acquisition of additional sewage capacity and determining the short and Page 5, Item 3 Meeting Date 3/18/03 long-term sewer capacity needs of the City. It is projected that the Master Plan will be completed by Fall 2003. 4. Inflation PBS&J has also indicated that by not updating the Sewerage Capacity Charge in the past twelve years, the fee has not kept pace with inflation, therefore its ability to fund the construction of capital projects or the acquisition of additional sewerage capacity i~ the Metro system as it was originally intended, has been significantly reduced. This inflationary trend was considered back in 1984 when the Sewerage Capacity Charge was created, and to avoid it, an annual fee adjustment was recommended. The 1984 Study, suggested the Engineering News Record Construction Cost Index (ENR CCI) as the basis of the fee-adjustment mechanism, and recommended that the ENR CCI be applicable July of each year. The ENR Construction Cost Index is a monthly composite figure of the cost of various construction materials and labor costs as measured by Engineering News-Record Magazine. As such, it is a more accurate predictor of the effects of inflation on a typical construction project than the CPI or other measure of inflation. Fee Determination In addition to the Wastewater Master Plan, PBS&J, under a separate contract, is preparing a Wastewater Rate Study/Financial Plan/Revenue Program. It is anticipated that this study will be completed-in the next few months. Nevertheless, based on the work already completed by PBS&J in the preparation of the Rate Study, and PBS&J's acquired experience as current financial advisers to the Metro Technical Advisory Committee (Metro TAC), the consultant recommends that the City immediately implement an increase of the Sewerage Capacity.Charge utilizing the Construction Cost Index, pending the completion of both the Rate Study and the Wastewater Master Plan~ This recommendation (Attachment 4) is consistent with the recommendations made in the original study (1984, Sewerage Facilit~ Participation Fee Study-Modified March 1985) that formed the basis of the fee. The following table shows the methodology utilized in determining the Sewerage Capacity Charge based on the ENR Index: ENR Construction Cost Index for July 1990 ENR Construction Cost Index for July 2002 Increase in Index (6605 / 4734) R~evised Fee ($2,220 x 1.3952) _ Recommended Fee Net Increase ($) See Attachment 3 for supporting information regarding the ENR Construction Cost Indexes. 4734 6605 1.3952 $3,097 Page 6, Item ~ Meeting Date 3/18/03 Comvarison of City of Chula Vista's Sewerage Capacity Charge with Other Local Agencies Most agencies in the area between Poway and the Intemational Border collect some form of fee, which is used to defray some portion of the cost of existing sewerage facilities. Those fees are sometimes part of a larger fee covering specific work involved in making a physical c6nnecfion to the sewer. Consequently, it is difficult to do a proper comparison of the proposed fee increase with those of other agencies. The following table is a compilation of the fees charged by various agencies based on the Wastewater User Charge Survey Report FY 2001-02, completed by the State Water Resources Control Board on M~y 2002. Rank 1 * 2 * 3 * 4 5 * 5 * 5 5 * 5 6 * 7 * 8 * 9 * 10 * 11 12 13 13 * 13 * 14 15 * 16 17 18 19 20 Agency Charge per EDU Otay M. W.D. $0 City of Imperial Beach $700 Lemon Grove County Water District $1,000 City of Vista $1,922 Alpine Sanitation District $2,000 Lakeside Sanitation District $2,000 Pine Valley County Sanitation District $2,000 Spring Valley Sanitation District $2,000 Winter Gardens Sewer Maintenance District $2,000 City of Del Mar $2,004 City of La Mesa $2,400 City of National City $2,420 City of San Diego $2,500 City of Coronado $2,559 San Marcos (Vallecitos Water District) $2,650 City of Encinitas $2,680 Buena Sanitation District $3,000 City of Chula Vista L (Pr0P0ged Fee) $3,000 City of Poway $3,000 Cardiff Sanitation District $3,417 City of E1 Cajon $3,472 City of Oceanside $3,793 Leucadia County Water District $3,950 Julian County Sanitation District $4,000 Fallbrook Public Utility District $4,264 City of Escondido $4,403 Page 7, Item ~ Meeting Date 3/18/03 21 City of Solana Beach $4,500 22 Padre Dam M. W.D. $5,470 23 Rainbow M. W.D. $6,656 24 Rancho Santa Fe Community Service. District. $7,800 25 Ramona Metropolitan Water District $6,125 / $9,778 * Participating Agency in the Metro System Urgency Ordinance :; The Urgency Ordinance will enable the City to collect the fee during the 60-day waiting period for the regular Ordinance to become effective. This Urgency Ordinance is only valid for 30 days therefore, it will be necessary to notice and hold further heatings in order to extend the Urgency Ordinance in 30-day increments until the permanent Ordinance becomes effective. Staffrecommends that the increase to the Sewerage Capacity Charge go into effect immediately by adopting the Urgency Ordinance. The urgent execution of the fee is needed in order to require all developments to pay th6ir fair share of the cost of: purchasing additional sewage treatment capacity; constructing improvements to enhance the capacity of the City's sewer system and all other related costs or impacts to the collection system caused by their development. Furthermore, immediate implementation of this fee is necessary due to the current and immediate tkreat to public safety, which will result, should there be a shortfall in funds required to pay for the required improvements to the wastewater collection system and to purchase additional sewage treatment capacity. The prospect of a deficit, inadequate sewage-treatment capacity necessary for the continuation of development within the City, and concerns about an increased charge to remaining property owners, constitutes a current immediate threat to the public health, welfare and safety justifying the inmaediate increase of this fee. Environmental Impact The Enviroimaental 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(93) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. FISCAL IMPACT: It is estimated that over the next eight months that this fee will be in effect prior to the anticipated adoption of the Wastewater Master Plan, it will result in additional revenues of $1,560,000 (assuming that 2,000 permits are approved over this period). If this Page 8, Item ~ Meeting Date 3/18/03 Ordinance is not implemented, this revenue will be lost; thereby necessitating additional increases at the conclusion of the study beyond what the final recommendation would have been. The Trunk Sewer capital Reserve Fund currently has an unappropriated balance of approximately $15.1 Million Dollars. Attachment 1: Attachment 2: Attachment 3: Attachment 4: Sewerage Facility Participation Fee Study-Modified March 1985, September 1984, City of Chula Vista Engineering Depa~ hnent. "Table 1, City of Chula Vista Cost Allocation FY 1990-91" from the 1991 City of Chula Vista Wastewater Rate Plan and Revenue Program; and the FY 2002 fourth quarter invoice for the Metropolitan Sewerage System service. Construction Cost Index History, Engineering News-Record (ENR) PBS&J's letter recommending an interim increase to the Sewerage Capacity Charge JSEngineer~AGENDAXSewer Capacity Increase Agenda Statement.sh.doc Last printed 3/11/2003 1:00 PM ORDINANCE NO. AN URGENCY ORDINANCE OF THE CITY OF CHULA VISTA APPROVING AN INCREASE OF THE SEWERAGE CAPACITY CHARGE AND THE MODIFICATION OF THE MASTER FEE SCHEDULE WHEREAS, the City Council placed Ordinance No. 2900 on first reading on March 18, 2003 approving an increase to the Sewerage Capacity Charge and the modification o£the Master Fee Schedule to reflect mentioned increase; and, WHEREAS, pursuant to Government Code Section 66017(a), the fees modified by that Ordinance will not become effective until sixty (60) days after its second reading; and, WHEREAS, development in the City will be applying for building permits during the interim period before the increase to the Sewerage Capacity Charge becomes effective; and, WHEREAS, Government Code Section 66017(b) authorizes the City to adopt an interim fee increase as an urgency measure upon making a finding describing the current and immediate threat to the public health, welfare and safety; and, WHEREAS, said interim measure will be effective for thirty (30) days; and, WHEREAS, the City adopted Urgency Ordinance 2900-A, approving an increase of the Sewerage Capacity Charge and the modification of the Master Fee Schedule, which will expire thirty (30) days after its adoption; and, WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (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(93) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is necessary; and, WHEREAS, State Law requires said Urgency Ordinance to be adopted by a four- fifths vote. NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows: SECTION I: Finding of Urgency Ordinance No. Page 2 SECTION I: Finding of Urgency The City Council of the City of Chula Vista finds that it is necessary that the Sewerage Capacity Charge he increased and the Master Fee Schedule modified and the increase go into effect immediately. The increase is needed in order to require all developments to pay their fair share of the cost off acquiring additional sewer capacity, paying for sewage treatment and the construction of improvements needed to enhance the capacity of the City's sewer system, and all other related eligible expenditures resulting from the impacts caused by their developments. Immediate implementation of this fee is necessary due to the current and immediate threat to public safety. Should there be a shortfall in the funds necessary to pay for additional sewage treatment capacity and the needed sewer improvements, it could result in the failure of the existing sewage collection system and sewage spills. The City Council finds that the prospect of a deficit, not enough sewer capacity to serve the growing population, the failure of old sewer infrastructure 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 11: That the Chapter XlI Engineering Sewer, Section 3(a) of part A of the Master Fee Schedule be, and the same is hereby amended to read as follows: "3. Sewerage Capacity Charge The owner or person making application for a permit to develop or modify use of any residential, commercial, industrial or other property which is projected by the City Engineer to increase the volume of flow in the City sewer system by at least one-half of one Equivalent Dwelling Unit of flow shall pay a Sewerage Capacity Charge. The base charge is hereby established as $3,000 per Equivalent Dwelling Unit of flow." Ordinance No. Page 3 SECTION III: SECTION IV: CEQA Findings for Statutory Exemption. The City Council does hereby find that the Sewerage Capacity Charge herein imposed is for the purpose of obtaining funds for capital projects necessary to maintain service within existing service areas. Therefore, the City finds that the adoption of this Ordinance is statutorily exempt under the provisions of CEQA Guidelines Section 15060(c)(3). Findings The City Council finds that the collection of the Sewerage Capacity Charge, established by Ordinance No. 2107, at the time the building permit is issued is necessary. This will ensure that funds will be available for the acquisition of capacity rights in the Metro System, construct improvements to enhance capacity in the City's sewer system and to pay for the treatment of sewage; and, The City Council finds that developers of land within the City should be required to mitigate the burden created by development through the payment of a fee to finance a development's appropriate portion of the total cost of the sewer improvements, sewage treatment and capacity rights in the Metro System; and, The City Council finds that the legislative findings and determinations set forth in the Ordinance referred in the recitals set forth above, continue to be true and correct; and, The City Council finds, after consideration of the evidence presented to it, that the increase of the Sewerage Capacity Charge is necessary in order to assure adequate sewer service to the City; and, The City Council finds, based on the evidence presented at the meeting and the information received by the City Council in the ordinary course of its business, that the imposition of the Sewerage Capacity Charge on all future developments in the City for which building permits have not been issued is necessary in order to protect the public health, safety and welfare; and, The City Council finds that the amount of the amended fee levied by this Ordinance does not exceed the estimated cost of providing the sewer service to the developments within the City; and, Ordinance No. Page 4 SECTION V: SECTION VI: SECTION VI: The City Council finds that it is appropriate to approve an increase to the Sewerage Capacity Charge to reflect: the acquisition of additional capacity fights; the annual increase in the Metropolitan Sewerage System Costs; the increase in the need for improvements created by the demand for more capacity in the sewer system; and, The City Council finds it is necessary to ensure sewer capacity in the Metro system before the reserved capacity is exhausted and to ensure the timely payment to adequately fund ongoing and future sewer improvements to enhance capacity in the City's sewer system triggered by future development. Expiration of this Ordinance. This Ordinance shall be of no further force and effect thirty (30) days after its adoption. Time Limit for Protest and Judicial Action. Any judicial action or proceeding to attack, review, set aside, void or annul this Ordinance shall be brought within the 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. Effective Date. This Ordinance shall become effective immediately upon four- fifths vote. Presented by: Approved as to form by: Clifford L. Swanson Director of Engineering City Attorney .I:\ATTORNEYXORDINANCE\CAPACITY INCREASE 2ND URGENCY ORDINANCE SH DOC COUNCIL AGENDA STATEMENT Item No.: ] ~ Meeting Date: 4/15/2003 ITEM TITLE: Public Hearing: PCS 03-11; Consideration of a Tentative Subdivision Map for a Portion of Plarm/ng Area 12 - Freeway Commercial of Otay Ranch. Applicant: McMillin Otay Ranch, LLC Resolution of the City Council of the City Of Chula Vista Approving a Tentative Subdivision Map for a portion of the Otay Ranch, Sectional Planning Area 12 - Freeway Commercial Plan, Chula Vista Tract 03-11. SUBMITTED BY: Director of Planning and Building~le'~ REVIEWED BY: City Manager ~,~1~ (4/Sths Vote: Yes No__) McMillin Otay Ranch has applied for approval of a Tentative Subdivision Map consisting of 38 lots for freeway-oriented commercial uses, including retail land uses and streets, for their 86.9 acre portion of Freeway Commercial in the Otay Ranch, as authorized by the Planning Area 12 - Freeway Commercial Sectional Planning Area (SPA) Plan. The Environmental Review Coordinator has reviewed the proposed Tentative Subdivision Map, PCS-03-11, and determined that the project would not result in any new environmental impacts that were not previously identified in the Final Second Tier Environmental Impact Report (Final EIR 02-04) for the Planning Area 12 - Freeway Commercial SPA Plan, nor would the project result in a substantial increase in the severity in any environmental effects not previously idemified in Final EIR 02-04. RECOMMENDATION: That the City Council adopt the resolution approving Tentative Subdivision Map (C.V.T. 03-11) in accordance with the findings and subject to the conditions contained therein. BOARDS/COMMISSIONS RECOMMENDATION: The Planning Conunission held a public hearing on April 2, 2003 to consider the Project. The Planning Commission voted 4-0-2 to recommend approval of the Freeway Commercial tentative map to the City Council. DISCUSSION: On April 1, 2003 the City Council conducted a public hearing on Planning Area 12-Freeway Commercial SPA Plan for the entire 132-acre Freeway Commercial planning area in the Otay Page 2, Item No.: Meeting Date: 4/15/03 Ranch master planned community and voted to approve the SPA Plan. McMillin Otay Ranch is now proposing to subdivide their ownership within the planning area. It is anticipated that the balance of the planning area owned by the Otay Ranch Company will be subdivided in the furore. a. Existing Site Characteristics Otay Ranch's Freeway Commercial site, located at the northeastern section of the Otay Valley Parcel of the Otay Ranch, consists of 132.9 acres of land characterized by fairly flat mesa tops and gently rolling hills. This tentative map is to subdivide the approximately 86.9-acre McMillin-owned portion in the southern area of the Freeway Commercial. Immediately north of the proposed tentative map is approximately 34 acres of Freeway Commercial land owned by the Otay Ranch Company. The near fully developed commanity of EastLake Greens and the EastLake "Land Swap" area are located directly to the north of the Project adjacent to Olympic Parkway. Village Six is located to the west, separated by the future alignment of SR-125. Village 11 is located to the east, across the future extension of Eastlake Parkway; and the future EUC is located to the south across future Birch Road. b. General Plan, Zoning and Land Use The GDP for Otay Ranch sets aside Planning Area 12 for large regional commercial opportunities that are excluded from the Village Core's mixed-use areas. The GDP specifically designated Freeway Commercial as a land use category for regional uses which require an automobile orientation near regional transportation systems. City of Chula Vista zoning for the project area is PC - Planned Community. The Freeway Commercial SPA Plan Zoning District idemifies the project area as FC - Freeway Commercial. The SPA Planned Community District Regulations provide land use regulations, developmem standards and processing for the proposed subdivision. c. Proposed Plan Land Use The Freeway Commercial's approved SPA allows a total of approximately 1,215,000 square feet of commercial development to be constructed in four phases, on five large building pads within a street network that also accommodates a transit line right-of-way, a transit station, and a park and ride facility. This tentative map establishes subdivision of approximately 87 acres to accommodate up to 867,000 square feet of commercial development that will primarily be occupied by "large format" commercial uses that typically have building sizes greater than 25,000 square feet, but will also accommodate some smaller sized commercial uses that commonly locate in proximity to the "large format" users. The tentative map proposes three large parcels based on the alignments of Streets A and B. Small lots are proposed within the larger parcels for individual users. These lots will either be leased or Page 3, Item No.: Meeting Date: 4/15/03 sold to the future commemial users. A business owners association is proposed to maintain the special enhancements that require more maintenance than standard City requirements. Circulation Veh/cular access to the lots in this tentative map is available from the following public streets: Olympic Parkway, EastLake Parkway, Birch Road, Street "A" and Street "B." Ten private access driveways will be off Street "A" (five to the west, five to the east); two internal driveways will be off Street "B" (one north, one south); and three private access driveways will be located off the arterials - two on EastLake Parkway and one on Birch Road. Only right-in, right-out mining movements are allowed at the three private access driveways off the arterials. Consistent with the GDP policy to locate transit line rights-of-way and trolley stops/stations in the Freeway Commercial area, a transit station is sited on Street "A" immediately south of the McMillin/Otay Ranch Company property line, with park-and-ride facilities for 143 vehicles to be provided by this tentative map. Grading The proposed grading plan of the Planning Area .12 - Freeway Commercial (South) Tentative map is designed to comply with the General Plan and Otay Ranch GDP policies for landform grading. The perimeter slopes in the Project include 75-foot wide landscape buffers from each of the three arterial roads to the development boundary in the Project. The map also proposes a deposit/barrow area on the EUC site. The Freeway Commercial EIR 02-04 analyzed the grading on both the FC and EUC sites. McMillin and the Otay Ranch Company have reached agreement on the grading of the entire Freeway Commercial site to one continuous pad from Olympic Parkway to Birch Road. This agreement will eliminate any berm or ridge between the properties east of Street A and the slope in the transit right-of-way west of Street A. Parks, Trails and Open Space The Freeway Commercial project does not have residential uses and will not generate a population in the area; therefore, it has no requirements to provide parks or recreation facilities. Community Purpose Facility Since the Freeway Commercial is completely commercial and does not have a residential component, the tentative map for Planning Area 12 - Freeway Commercial (South) does not have a CPF obligation. d. Analysis The proposed Tentative map for Planning Area 12 - Freeway Commercial (South) is consistent with and implements the approved General Development Plan (as amended) and more specially the Planning Area 12 - Freeway Commercial SPA Plan policies. The tentative map lotting of the planning area is consistent with the land uses allowed in the PC District Regulations. Page 4, Item No.: Meeting Date: 4/15/03 e. Conclusion: Staff believes that the proposed Tentative map for Planning Area 12 - Freeway Commercial (South) is consistent with the Otay Ranch GDP and the Planning Area 12 - Freeway Commercial SPA policies and recommends approval of the Tentative map subject to the Conditions of Approval (see Council Resolution, Exhibit 'B'). The City Attorney's office has reviewed the Tentative map Conditions of Approval and believes that they meet the requirements of the Subdivision Map Act and have approved them as to form. FISCAL IMPACT: Processing cost for the tentative map is covered by the developer's deposit account under their processing agreement. Development of the Freeway Commercial area will generate positive net revenues for thc City. Attachments 2. 3. 4. Locator Map Planning Commission Resolution PCS 03-11 Disclosure Statement Freeway Commercial tentative map H:\PLANNING\Ota~Ranch\Frwy_Comm~SPA\TM\CC_FC _TM_StfRpt.doc ATTACHMENT 1 OTAY RANCH VILLAGE FIVE EASTLAKE HIGH SCHOOL EASTIAKE GREENS EASTIAKE lAND SWAP OTAY RANCH VlUAGE SiX F. O'~Y IT~N P-II VILLAGE EiE'I~N PCS-03-11: Otay Ranch Planning Area 12 Freeway ~ Commercial(South): The proposed project consists ~& of ~ Tentative Map (CVT 03-11}, for 38 lots for freeway- ~II~T~.# "~odented commercial uses on 86.9 acres, as authorized IJll~ by the Planning Area 12 - Freeway Commercial nENTEB Sectional Planning Area (SPA) Plan. CHULA LOCATOR VISTA NORTH PLANNING PROJECT APPUCANT:McMILLIN COMPANIES PROJECT Freewa~ Commercial, OtayRanch AD~3RESS: North o~Birch Rd, East of future $R-125, South of Olympic pkwy, V~st of Easflake Pkwy. SCALE~qO Scale J:\home\planning\cherrylc\locators\pcs0311_2.cdr 03.06,03 AND BUILDING DEPARTMENT PROJECT DESCRIPTION: Proposal for a Tentative Map RESOLUTION NO. PCS-03-11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA RECOMMENDING THAT THE CITY COUNCIL APPROVE A TENTATIVE SUBDMSION MAP FOR A PORTION OF THE OTAY RANCH, SECTIONAL PLANNING AREA 12 - FREEWAY COMMERCIAL PLAN, CHULA VISTA TRACT 03-11 WHEREAS, the property which is the subject matter of this resolution is identified as Exhibit "A" attached to City Council Resolution No. and described on Chula Vista Tract 03- 11, and is commonly known as Planning Area 12 - Freeway Commercial (South) (McMillin), ("Property"); and, WI-IEREAS, a duly verified application for the subdivision of the Property in the form of a tentative subdivision map known as "Tentative Map, Otay Ranch Planning Area 12 - Freeway Commercial (South), Chula Vista Tract 03-11", ("Project"), was filed with the City of Chula Vista Planning and Building Department on November 26, 2002 by McMillin Otay Ranch, LLC, ("Applicant"); and, WHEREAS, the application requests the approval for the subdivision of approximately 86.9 acres of land located west of Eastlake Parkway, north of Birch Road, east of future State Route (SR) 125 route, and south of the Otay Projec,LLC-owned portion of Freeway Commercial (North), in the area known as Otay Ranch Planning Area 12 - Freeway Commemial (South) into 38 commercial lots; and WHEREAS, the development of the Property has been the subject matter of the Otay Ranch General Development Plan ("GDP") previously approved by the City Council on October 28, 1993 by Resolution No. 17298, and as amended on November 10, 1998 by Resolution No. 19253 ("GDP Resolution") wherein the City Council, in the environmental evaluation of sa~d GDP, relied in part on the Otay Ranch General Development Plan, Final Environmental Impact Report No. 90-01, SCH #9010154 ("Program FEIR 90-01"); and, WHEREAS, the development of the Property has been the subject matter of a Sectional Planning Area Planning Area 12 - Freeway Commercial Plan ("SPA Freeway Commercial Plan") previously approved by the City Council on March 18, 2003 by Resolution No. ~., wherein the City Council, in the environmental evaluation of said SPA Freeway Commercial Plan, relied on the Otay Ranch SPA Planning Area 12 - Freeway Commercial Plan Final Environmental Impact Report No. 02-04, SCH #1989010154 ("FEIR 02-04"); and, WHEREAS, the City's Environmental Review Coordinator has reviewed the Project for compliance with the Califomia Environmental Quality Act and has determined that the project was covered in previously adopted FEIR 02-04. The Environmental Review Coordinator determined that no conditions described in Section 15162 and 15163 of the State CEQA Guidelines calling for the preparation ora subsequent document have occurred; and, Resolution PCS 02-09 Pa~e 2 WHEREAS, the Planning Commission set the time and place for a hearing on said "Tentative Map, Otay Ranch Planning Area 12 - Freeway Commercial (South), Chula Vista Tract 03-11", (PCS-03-11) and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 feet of the exterior boundaries of the Project site at least ten days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. on March 26, 2003, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED THAT, fi'om the facts presented to the Planning Commission, the Commission has determined that the approval of "Tentative Map, Otay Ranch Planning Area 12 - Freeway Commercial (South), Chula Vista Tract 03-11", (PCS-03-11) is consistent with the City of Chula Vista General Plan, the Otay Ranch General Development Plan, the recommended Otay Ranch Planning Area 12 - Freeway Commercial SPA Plan, and all other applicable Plans, and that the public necessity, convenience, general welfare and good planning practice support the approval. BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION recommends that the City Council adopt a resolution approving "Tentative Map, Otay Ranch Planning Area 12 - Freeway Commercial (South), Chula Vista Tract 03-11", (PCS-03-1 I) in accordance with the findings contained in the attached City Council Resolution No. And that a copy of this resolution be transmitted to the owners of the property and the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 26th day of March, 2003 by the following vote, to-wit: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: Russ Hall, Chair Diana Vargas, Secretary THE CIT )F CHULA VISTA DISCLOSUR. E STA. You are required to file a Statement of Disclosure of eertain ownership or financial interests, paymentS, or campaign contribu.tior~, on all matters which will rcquirc discretionary action on thc part of thc City Council, Planning Commission, and all other official bodies. The following information must bc disclosed: .................. List .the names of all persons having a financial interest in the property which is thc subject of the application or the comract, e.g., owner, applicant, contractor, subcontractor, material supplier: If any pe~on* identified pursuant to (1) above is a corporation or partnership, Iisi the names of all individuals owning more than 10% of the shares in lhe corporation or nwning any partnership inlere, sl in Ihe partnership. If any person* identified pu~uanl to (1) above is non-profit organization or a trust, list the nameS of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. Have you had more than $250 worth of business transacted with any member of thc City staff, Boards, Commissions, Committees, and Council within the past twelve months? YeS No K If yes, please indicate person(s): Please identify each ind every person, including an), agents, employees, consultants, or independent contractors who you have assigned to represent you b. efore the City in this matter: - Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Councilmember in the current or preceding election period? Yes No._.~__ If yes, state which Councilmember(s): * * * (NOTE: Attach additional pages as ~eLname of contractorlap, plicam · .Pe~'o~! ~ defined ar. 'Arty b,d. ividual, finn. co-par~e~hip, joint ~tmre. associatimt, aocial club, ~ratc~u~! otga~d~ation` corporation` c.~ate, RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A TENTATIVE SUBDIVISION MAP FOR A PORTION OF THE OTAY RANCH, SECTIONAL PLANNING AREA 12 - FREEWAY COMMERCIAL PLAN, CHULA VISTA TRACT 03-11. WHEREAS, the property which is the subject matter of this resolution is identified as Exhibit "A" attached herto and described on Chula Vista Tract 03-11, and is commonly known as Planning Area 12 - Freeway Commercial -South (McMillin), ("Property"); and, WHEREAS, a duly verified application for the subdivision of the Property in the form of a tentative subdivision map known as "Tentative Map, Otay Ranch Planning Area 12 - Freeway Commercial (South), Chula Vista Tract 03-11', ("Project"), was filed with the City of Chula Vista Planning and Building Department on November 26, 2002 by McMillin Otay Ranch, LLC, ("Applicant"); and, WHEREAS, the application requests the approval for the subdivision of approximately 86.9 acres of land located west of Eastlake Parkway, north of Birch Road, east of future State Route (SR) 125 route, and south of the Otay Project, LLC-owned portion of Freeway Commercial (North), in the area known as Otay Ranch Planning Area 12 - Freeway Commercial (South) into 38 commercial lots; and WHEREAS, the development of the Property has been the subject matter of the Otay Ranch General Development Plan ("GDP") previously approved by the City Council on October 28, 1993 by Resolution No. 17298, and as amended on November 10, 1998 by Resolution No. 19253 ("GDP Resolution") wherein the City Council, in the environmental evaluation of said GDP, relied in part on the Otay Ranch General Development Plan, Final Environmental Impact Report No. 90-01, SCH #9010154 ("Program FEIR 90-01"); and, WHEREAS, the development of the Property has been the subject matter of a Sectional Planning Area Planning Area 12 - Freeway Commercial Plan ("SPA Freeway Commercial Plan") previously approved by the City Council on March 18, 2003 by Resolution No. 2003-131, wherein the City Council, in the environmental evaluation of said SPA Freeway Commercial Plan, relied on the Otay Ranch SPA Planning Area 12 Freeway Commercial Plan Final Environmental Impact Report No. 02-04, SCH # 1989010154 ("FEIR 02-04"); and, WHEREAS, the City's Environmental Review Coordinator has reviewed the Project for compliance with the California Environmental Quality Act and has determined that the project was covered in previously adopted FE1R 02-04. The Environmental Review Coordinator determined that no conditions described in Section 15162 and 15163 of the State CEQA Guidelines calling for the preparation of a subsequent document have occurred; and, Resolution Page 2 WHEREAS, the Planning Commission set the time and place for a hearing on said "Tentative Map, Otay Ranch Planning Ama 12 - Freeway Commercial (South), Chula Vista Tract 03-11", (PCS-03-11) and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 feet of the exterior boundaries of the Project site at least ten days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. on March 26, 2003, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and the Planning Commission recommended approval of the Project and said hearing was thereafter closed; and WHEREAS, a public hearing was scheduled before the City Council of the City of Chula Vista on proposed "Tentative Map, Otay Ranch Planning Area 12 Freeway Commercial (South), Chula Vista Tract 03-11', (PCS-03-11) and, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby find, determine, resolve and order as follows: 1. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing held on March 26, 2003, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. These documents, along with any documents submitted to the decision makers, shall comprise the entire record of the proceedings for any California Environmental Quality Act (CEQA) claims. II. COMPLIANCE WITH CEQA The City Council hereby finds that the Project, as described and analyzed in Second-Tier Final EIR 02-04 would have no new effects that were not examined in the said Final EIR (Guideline 15168 (c)(2)) III. ACTION The City Council hereby approves the Otay Ranch Planning Area 12 - Freeway Commemial Tentative Map, Chula Vista Tract 03-11, (PCS-03-11) involving 86.9 acres of land known as Freeway Commercial (South) in this resolution, finding it is consistent with the City of Chula Vista General Plan, the Otay Ranch General Development Plan, Planning Area 12 Freeway Commercial SPA Plan, and all other applicable Plans, and that the public necessity, convenience, general welfare and good planning and zoning practice support their approval and implementation. tL - IO Resolution Page 3 IV. TENTATIVE SUBDIVISION MAP FINDINGS Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City Council finds that the. Otay Ranch Planning Area 12 - Freeway Commercial (South) Tentative Subdivision Map, Chula Vista Tract 03-11, (PCS-03-11) as conditioned, attached as Exhibit "B" to this resolution, heroin for Applicant, is in conformance with all the various elements of the City's General Plan, the Otay Ranch General Development Plan and Planning Area 12 - Freeway Commercial Sectional Planning Area (SPA) Plan, based on the following: 1. Land Use The Project is in a planned area that provides freeway commemial uses authorized by the Planning Area 12 - Freeway Commercial Sectional Planning Area (SPA) Plan. 2. Circulation All of the on-site and off-site public and private improvements required to serve the subdivision are part of the project description or are conditioned consistent with the Otay Ranch General Development Plan, and the Planning Area 12 - Freeway Commercial SPA Plan. The Applicant shall construct those facilities in accordance with City and Planning Area 12 - Freeway Commercial SPA Plan standards. 3. Housing No housing is proposed; no housing is authorized by the Otay Ranch General Development Plan or the Planning Area 12 - Freeway Commercial SPA Plan 4. Parks, Recreation and Open Space As there is no residential use, there are no parks, recreation or open space obligations for the Tentative Map. 5. Conservation The Program EIR and FEIR addressed the goals and policies of the Conservation Element of the General Plan and found development of this site to be consistent with these goals and policies. The Otay Ranch Phase Resolution Pa~e 4 Two Resource Management Plan requires conveyance of 1.18 acres of land to the Otay Ranch Preserve for every 1-acre of developed land prior to approval of any Final Map. 6. Seismic Safety The proposed subdivision is in conformance with the goals and policies of the Seismic Element of the General Plan for this site. No seismic faults have been identified in the vicinity of the Project according to the Otay Ranch Planning Area 12 - Freeway Commercial SPA Geotechnical Reconnaissance Report. 7. Public Safety All public and private facilities are expected to be reachable within the threshold response times for fire and police services. 8. Public Facilities The Applicant will provide all on-site and off-site streets, sewers and water facilities necessary to serve this Project. The developer will also contribute to the Otay Water District's improvement requirements to provide terminal water storage for this Project as well as other major projects in the eastern territories. 9. Noise The Project may include noise attenuation walls. In addition, all buildings are required to meet the standards of the Uniform Building Code with regard to acceptable interior noise levels. 10. Scenic Highway The roadway design provides wide landscaped buffers along Olympic Parkway, the only General Plan, GDP/SRP scenic highway adjacent to the Project. 11. Bicycle Routes The Project is required to provide on-site bicycle routes on Olympic Parkway, EastLake Parkway and Birch Road as indicated in the regional circulation system of the General Plan and the Otay Ranch GDP. Resolution PaRe 5 12. Public Buildings Public buildings are not proposed or required on the Project site. The conditions herein imposed on the grant of permit or other entitlement herein contained is approximately proportional both in nature and extent to the impact created by the proposed development. V. CONDITIONS OF APPROVAL The City Council hereby approves the Project subject to the conditions set forth in Exhibit "B", attached hereto. VI. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, revoke or further condition issuance of all future building permits issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. VII. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that any one or more terms, provisions, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. Presented by Approved as to form by Robert A. Leiter Director of Planning and Building J:\Attomey\Reso Frwy ComCC _Reso Ann Moore City Attorney ITAY BJlNCH 'ii EASTLAKE HIGH SCHOOL EXHIBIT FJtSTUtKE OTAY RANCH VIBAGE SiX 'i OTAY PJtNeH EI. EV~ PCS-03-11: Otay Ranch Planning Area 12 Freeway Commemial(South): The proposed project consists of a Tentative Map (CVT 03-11), for 38 lots for fl'ee?ay- '~odented commercial uses on 86,9 acres, as authorized by the Planning Area 12 - Freeway Commercial Sectional Planning Area (SPA) P~an. CHULA VISTA G LOCATOR PROJECT AppLiCAi, Cr:McMILLIN COMPANIES  PROJECT Freewa Commercial, Ota Ranch ADDRESS; North o~/Birch Rd, East of ~uture SR-125, Soufi3 of Olympic pkwy, West of Eastlake pkwy. SCALE: I FILE NUMBER; NORTH No Scale PCS-03-11 j:\home\planning\cherrylc\locators\pcs0311-2.cdr 03.06.03 PLANNIN AND BUILDING DEPARTMENT PROJECT DESCRIPTION: Proposal for a Tentative Map EXHIBIT B GENERAL/PRELIMINARY All of the terms, covenants and conditions contained herein shall be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Applicant as to any or all of the property. (Engineering, Planning & Building) Applicant shall comply, remain in compliance and implement, the terms, conditions and provisions, as are applicable to the Property of: 1) Otay Ranch General Development Plan (GDP); 2) Freeway Commercial Sectional Planning Area (SPA) Plan; 3) Freeway Commercial Design Plan; 4) Final Environmental Impact Report (EIR) for the Freeway Commercial (EIR 02-04; 5) Freeway Commercial Public Facilities Financing Plan approved by the City Council on March 18, 2003 by Resolution No. 2003-132 and the Freeway Commemial Planned Community District Regulation and Land Use Map approved by City Council Ordinance No. 2903 on March 18, 2003. The Applicant shall enter into an agreement with the City, providing the City with such security (including recordation of covenants nmning with the land) and implementation procedures as the City may require to comply with the above regulatory documents. Said Agreement shall also ensure that, after approval of the final map, the Applicant will continue to comply, remain in compliance, and implement such Plans. (Planning & Building) Prior to approval of the first Final "B" Map within the tentative map, the Applicant shall submit and obtain the approval of the City of a master final map ("A" Map) containing the entire Project's area showing "super block" lots corresponding to the units and phasing or combination of units and phasing thereof. Said "A" map shall also show open space lot dedications, the backbone street dedications and utility easements required to serve the "super block" lots created by this "A" Map. All "super block" lots created by this "A" Map shall have access to a dedicated public street. A lot line adjustment, if utilized in accordance with City standards and procedures, shall not be considered the first "A" Map. The "A" Map may contain individual lots shown on the Tentative Map, in which case said first "A" Map shall be considered the first Final "B" Map for the Project. An individual lot created by an "A" Map, in conformance with the Tentative Map, shall not require the filing of a subsequent Final "B" Map. (Engineering) The following conditions of approval are based upon the project having multiple Final Maps for the entire subdivision, which shall be referenced hereinafter as "Final 'B' Maps". A Final "B" Map is defined as a final subdivision or parcel map, filed in accordance with the Subdivision Map Act and the Chula Vista Municipal Code, which proposes to subdivide land into individual lots. The Final "B" Map shall be in substantial conformance with the related approved Final "A" Map. Unless otherwise specified, all conditions and code requirements listed below shall be fully completed to the City's reasonable satisfaction prior to approval of the each "A" Map and Final "B" Maps. (Engineering) Ib-I In the event of a filing of a final map, which requires oversizing of the improvements necessary to serve other properties, said final map shall be required to include the installation of all necessary improvements to serve the project, plus the necessary improvements for oversizing of facilities required to serve such other properties. At the request of Applicant, City shall consider formation of a reimbursement district or any other reimbursement mechanism in accordance with the restrictions of State Law and City ordinances. (Engineering) If Applicant desires to do certain work on the property after approval of the tentative map, but prior to recordation of the applicable final map, he may do so by obtaining the required approvals and permits from the City. The permits can be approved or denied by the City in accordance with the City's Municipal Code, regulations and policies. Said permits do not constitute a guarantee that subsequent submittals (i.e., grading or improvement plans) will be approved. All work performed by the Applicant prior to approval of the applicable final map shall be at Applicant's own risk. Prior to issuance of a grading and/or construction permit, the Applicant shall acknowledge in writing that subsequent submittals (i.e., grading or improvement plans) may require extensive changes, at Applicants cost, to work done under such early permit. Prior to the issuance of a permit, the Applicant shall post a bond or other security acceptable to the City in an amount determined by the City to guarantee the rehabilitation of the land if the applicable final map does not record. (Engineering) If any of the terms, covenants or conditions contained herein shall fail to occur, or if they are, by their terms, to be implemented and maintained over time, and if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, including issuance of building permits; deny, or further condition the subsequent approvals that are derived from the approvals herein granted; and institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The Applicant shall be notified ten (10) days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City within a reasonable and diligent time frame. (Engineering, Planning & Building) Prior to approval of each final map, Applicant shall agree to indemnify, protect, defend and hold the City harmless from and against any and all claims, liabilities and costs, including Attorney's fees, arising from challenges to the Final Environmental Impact Report (EIR) for the Freeway Commercial (EIR 02-04) and any or all entitlements and approvals issued by the City in connection with the Project. (Engineering, Environmental, Planning & Building) Any and all agreements that the Applicant is required to enter into hereunder shall be in a form approved by the City Attorney. (City Attorney) The subsequent development of a parcel, which does not require the filing of a subsequent final map, shall meet, prior to issuance of a building permit for that parcel, all the applicable conditions of approval of the Tentative Map Conditions, as determined by the Director of Engineering and Director of Planning and Building. (Planning and Building, Engineering) 11. 12. 13. 14. 15. 16. 17. 18. Unless otherwise specified, "dedicate" means grant the appropriate easement, rather than fee title. Where an easement is required, the Applicant shall be required to provide subordination of any prior lien holders in order to ensure that the City has a first priority interest in such land unless otherwise excused by the City. Where fee title is granted or dedicated to the City, said fee title shall be free and clear of all encumbrances, unless otherwise excused by the City. The applicant shall comply with all applicable Freeway Commercial SPA conditions of approval, (PCM 99-08) as may be amended from time to time. (Planning and Building) The applicant shall comply with the terms of the Conveyance Agreement, as may be amended fi-om time to time, adopted by Resolution No. 18416 by the City Council on October 22, 1996 ("Conveyance Agreement"). (Planning and Building) Prior to approval of the first "A" map, Applicant shall submit and obtain approval of a revised Otay Ranch Planning Area 12/Freeway Commercial (C.V.T. 03-11) Maintenance Responsibility Map for the Project from the Director of Planning and Building and the Director of Engineering, which shall include delineation of private and public property. A digital copy of the Maintenance Responsibility Map shall be submitted to the City prior to approval of said first "A' map to the satisfaction of the Director of Engineering. (Planning and Building, Engineering) Prior to approval of the applicable site plan by the Design Review Committee, Applicant shall demonstrate to the satisfaction of the Director of Engineering and Director of Planning and Building that the proposed site plan design incorporates the following features: 1. All right in/out locations provide for straight through circulation without the blocking of any parking spaces; and 2. Ensure that internal circulation will limit vehicular egress at the right in/right out access proposed immediately east of the intersection of Street "A" and Birch Road to the satisfaction of the Director of Engineering. ENVIRONMENTAL/PRESERVATION The Applicant shall comply with all applicable requirements of the California State Water Resources Quality Control Board. (Planning and Building) Implement, or cause the implementation of all mitigation measures pertaining to the Project identified in the Final Environmental Impact Report (EIR) for the Freeway Commercial (EIR 02-04). Any such measures not satisfied by a specific condition of this Resolution or by the project design shall be implemented to the satisfaction of the Director of Planning and Building. (Planning & Building) Applicant shall comply with all applicable requirements of the Califomia Department of Fish and Game, the California State Water Resources Quality Control Board, the U.S. Fish and Wildlife Service and the U.S. Army Corps of Engineers. Prior to any activity that may potentially impact biological resources, such as clearing and grubbing, the Applicant shall comply with all applicable requirements prescribed in the Otay Ranch GDP/Freeway Commercial Environmental Impact Report EIR 02-04 (SCH #1989010154), and Mitigation 19. 20. 21. 22. 23. 24. 25. Monitoring and Reporting Program. If any permits are required to be obtained by Applicant, Applicant shall obtain said permits with applicable agencies in consultation with the City. Applicant shall obtain said permits with applicable agencies in consultation with the City. The Applicant shall comply with the take permit/authorization from the U.S. Fish and Wildlife Service and California Department of Fish and Game, and comply with the approved City of Chula Vista MSCP Subarea Plan. (Planning and Building) Applicant shall comply with all requirements and policies of the Otay Ranch Resource Management Plan (RMP) as approved by City Council on October 28, 1993, and Otay Ranch, Phase 2 Resource Management Plan (RMP2) as approved by City Council on June 4, 1996, and as may be amended from time to time by the City. (Planning and Building) The applicant shall comply with the requirements and policies of the Otay Ranch Resource Management Plan "Preserve Conveyance Schedule" as approved by City Council on June 4, 1996, as may be amended from time to time. (Planning and Building) Simultaneously with conveyance of land to the Preserve Owner/Manager (POM) in fee title or by easement, the Applicant shall cease all cattle grazing on the land to be conveyed. In addition, the Applicant shall ensure through the maintenance of existing fencing or gating, if sufficient, or the construction of new fencing or gating, if deemed necessary by the City, that cattle from adjacent areas cannot access the land being conveyed. (Planning and Building) Prior to the approval of the first "A" map for the Project, the Applicant must demonstrate to the satisfaction of the Director of Engineering and the Director of Planning and Building that the entire Project has been annexed into C.F.D. 97-02 for the maintenance, management, and monitoring of the Otay Ranch Preserve per the requirements of the Otay Ranch Resource Management Plan (RMP), Phase 2. (Engineering, Planning and Building) Prior to the issuance of each mass grading permit (including clearing and grubbing) for the Project, the Applicant shall comply with the requirements of the RMP, Phase Two, Range Management Plan to the satisfaction of the Director of Planning and Building. (Planning and Building) The Applicant and Owners shall convey fee title, or upon the consent of the Preserve Owner/Manager (POM) and any lien holder, an easement restricting use of the land to those permitted by the Otay Ranch Resource Management Plan (RMP), to the POM upon the recordation of each final map for an amount of land equal to the final map's obligation to convey land to the Preserve. Where an easement is conveyed, the Applicant and Owners shall be required to provide subordination of any prior lien holders in order to ensure that the POM has a first priority interest in such land. Where consent and subordination cannot be obtained, the Applicant and Owners shall convey fee title. Where fee title or an easement is conveyed, access to the satisfaction of the POM shall also be conveyed, where an easement is granted, each tentative map is subject to a condition that fee title shall be granted upon demand by the POM. The Applicant and Owners shall irrevocably offer for dedication to the City or its designee, fee title, upon the recordation of each final map for an amount of land equal to the final map's obligation to convey land to the Preserve. The Applicant and Owners shall maintain and manage the offered conveyance parcel consistent with the Phase 1 and 2 RMP 26. 27. 28. 29. 30. guidelines until such time when the POM has accepted the conveyance parcel. (Planning and Building) SUBDIVISION DESIGN Prior to the issuance of any rough grading permit proposing to grade individual lots and streets for the Project, Applicant shall submit a study showing that all curb returns for any intersection in excess of 4% grade, located within the permit boundaries, and all driveways, comply with ADA standards at the fxont and back of sidewalks to the satisfaction of the Director of Engineering. (Engineering) Install all street trees in accordance with Section 18.28.010 of the Chula Vista Municipal Code, the City' s Landscape Manual and approved cross-sections in the Otay Ranch Planning Area 12/Freeway Commercial SPA Plan; or as otherwise approved by the Director of Building and Park Construction and Director of Public Works Operations. Applicant agrees to provide any and all special tree installation conditions as requested by the Director of Building and Park Construction. Street trees shall be shown on street landscape and irrigation plans submitted for approval by the Director of Building and Park Construction and the Director of Public Works Operations prior to, or concurrent with the second submittal of street improvement plans within the subdivision. Approval of the street tree improvement plans shall constitute final approval of the species selection of street trees. Location of trees and planters shall be contingent upon the location of street signs. Under no circumstance shall a tree or shrub block the visibility of any street sign, regulatory, warning or guide traffic signs. (Public Works, Building and Park Construction) Any proposed monumentation/signage shall be consistent with the Freeway Commercial SPA and Freeway Commercial Design Plan and shall be reviewed and subject to the approval of the Director of Planning and Building prior to approval of the appropriate final map. (Planning and Building) In addition to the requirements outlined in the City of Chula Vista Landscape Manual, privately maintained slopes in excess of 25 feet in height shall be landscaped and irrigated to soften their appearance as follows: one 5-gallon or larger size tree per each 1,500 square feet of slope area, one 1-gallon or larger size shrub per each 100 square feet of slope area, and appropriate groundcover. Trees and shrubs shall be planted in staggered clusters to soften and vary the slope plane. Landscape and irrigation plans for private slopes shall be reviewed and subject to the approval of the Director of Planning and Building prior to approval of the appropriate final map. (Planning and Building) STREETS, RIGHTS-OF-WAY & PUBLIC IMPROVEMENTS Provide security in accordance with chapter 18.16 of the Municipal Code, dedicate, and construct full street improvements for all public streets shown on the Tentative Map within the subdivision boundary or off-site, as deemed necessary by the Director of Engineering to provide service to the subject subdivision, in accordance with Chula Vista Design Standards, Chula Vista Streets Standards, Chula Vista Subdivision Manual, and approved Tentative Map, unless otherwise approved by the Director of Engineering. Said street improvements shall include, but are not limited to, asphalt concrete pavement, base, curb, gutter and sidewalk, 31. 32. sewer, drainage facilities, water quality BMPs, street lights, traffic signals, signs, striping, fire hydrants and transitions to existing improvements in the manner required by the Director of Engineering. If improvement plans have been approved by the City, the amount of the security for the above noted improvements shall be 110% of the construction cost estimate approved by the Director of Engineering. If improvement plans are being processed, 150% of approved cost estimate. Or, if improvement plans are not being processed by the City, 200% of construction cost estimate approved by the Director of Engineering. A lesser percentage may be required if it is demonstrated, to the satisfaction of the Director of Engineering, that sufficient data or other information is available to warrant such reduction. (Engineering) If Applicant proposes multiple building permits within a Planning Area, Applicant shall submit and obtain approval of a development sub-phasing plan for said Planning Area fi.om the Director of Engineering and Director of Planning and Building prior to issuance of any building permit within said Planning Area. The sub-phasing plan shall include: a. A site plan showing the lot lines and lot numbers, the sub-phase lines and sub-phase numbers, and proposed building square footage in each sub-phase; and b. A table showing the sub-phase number, the lots included in the sub-phase and the proposed building square footage included in each sub-phase. Improvements, facilities and dedications to be provided with each sub-phase shall be determined by the Director of Engineering and Director of Planning and Building, however, construction of full length of the required street improvement segments as defined in Table C.10 of the PFFP shall be required with each sub-phase. The City reserves the right to require improvements, facilities and/or dedications as necessary to provide adequate circulation and to meet the requirements of Police and Fire Departments. The Director of Engineering and Director of Planning and Building may, at their discretion, modify the sequence of improvements and construction should conditions change to warrant such revisions(s). (Engineering, Planning and Building) Prior to approval of the first "A" Map for the project, Applicant shall enter into an agreement with the City to accomplish the following: a. Applicant shall agree to construct all the street improvements identified in Table A below; b. Applicant shall agree to commence construction of each specific street improvement, as indicated in Table A below, prior to issuance of the building permit that triggers the cumulative Building Square Footage Triggers or prior to issuance of building permits within a Specific Planning Area in accordance with a development sub-phasing plan, approved by the Director of Engineering and Director of Planning and Building, whichever occurs earlier. In addition, Applicant shall agree to complete construction of said improvements within one year of commencing construction; c. Applicant shall agree to the amount of the security required by the City to guarantee the construction of each of the street improvements. In addition, Applicant shall agree to provide said security prior to issuance of the building permit that triggers the construction of the specific street improvement. Such security shall be in a form approved by the City Attorney (Engineering) Table A Public Facilities Required to be Constructed by Freeway Commercial 33. Facil- Description Cumulative ity Building Square Footage Triggers la lb 2 3 4 STREET IMPROVEMENTS Eastlake Parkway: 1 Olympic Parkway to FC-2 Property Line Eastlake Parkway: 1 FC-2 Property Line to Street "B" Street "B": 1 Street "A" to EastLake Parkway Street "A": 340,000 FC-2 Property Line to Street "B" Street "A": 340,000 FC-2 Property Line to Olympic Parkway Specific Planning Area Triggers (Phase) ~ (Blue, Red, Green), A, (Yellow), F (Blue, Red, Green), A (Blue, Red, Green), A (Blue, Green), A (Yellow), A 5 Eastlake Parkway: 850,000 (Red), A Street "B" to Birch Road 6 Birch Road: 850,000 (Red), A Eastlake Parkway to Street "A" 7 Street "A": 850,000 (Red, Green), A Street B to Birch Road 8 Birch Road: 850,000 (Green), F Street "A" to westerly SR-125 on/offramps Birch Road: 850,000 Street "A" to La Media Road La Media Road: 850,000 Birch Road to Olympic Parkway 9 See Note 2 10 See Note 2 Notes: ~ = Roadway required for access (A) or Frontage (F) 2 = No Specific Planning Area triggers for this street improvement. Design all street vertical and horizontal curves and intersection sight distances to conform to the CalTrans' Highway Design Manual and City Standards. All streets, which intersect other streets at or near a horizontal or vertical curve, shall meet intersection design sight distance requirements in accordance with City Standards. When a conflict between the CalTrans 34. 35. 36. 37. 38. Highway Design Manual and adopted City standards exists, the adopted City standards shall prevail. Lighted sag vertical curves may be permitted at intersections per AASHTO standards and with approval of the Director of Engineering. (Engineering) Construct sidewalks and pedestrian ramps on all walkways to comply with the "Americans with Disabilities Act" (ADA) standards, as approved by the Director of Engineering. In the event the Federal Government adopts new ADA standards for street rights-of-way, which are in conflict with the standards and approvals for the Project, all such approvals conflicting with those new standards shall be updated to reflect the new standards. Unless otherwise required by federal law, City ADA standards may be considered vested, as determined by federal regulations, once construction has commenced. (Engineering) Grant sight visibility easements to the City of Chula Vista as required by the Director of Engineering, to keep sight visibility areas clear of any obstructions. Sight visibility easements shall be shown on grading plans, improvement plans, and final maps to the satisfaction of the Director of Engineering. Sight visibility easements shall be granted as necessary to comply with the requirements in the CalTrans Highway Design Manual and City of Chula Vista standards. Sight visibility easements shall be shown on grading plans, improvement plans, and final maps to the satisfaction of the Director of Engineering (Engineering) Construct, and/or provide security for, traffic signal interconnect conduit and all appropriate wiring for all proposed signalized intersections to the satisfaction of the Director of Engineering. (Engineering) Prior to approval of the first "A" Map for the Project, Applicant shall enter into an agreement with the City to accomplish the following: Applicant shall agree to install a maximum of seven (7) permanent traffic count stations at such specific locations determined by the Director of Engineering. Applicant shall agree to the amount of the security required by the City to guarantee the installation of said traffic count stations. In addition, Applicant shall agree to provide said security prior to issuance of the construction permit for the related street improvement. The Director of Engineering, at his/her sole discretion, may (1) waive the requirement to construct said traffic count stations if Applicant agrees to provide a cash payment in the amount, deemed necessary by the Director of Engineering, to complete the construction of said stations by the City or its designee; and (2) reduce the number of traffic count stations to be installed by Applicant, if it is demonstrated to the satisfaction of the Director of Engineering that sufficient data or other information is available to warrant such reduction. Applicant shall install all conduits and interconnect improvements for the future traffic and/or pedestrian signals associated with the proposed MTDB transit station in Street "A" in conjunction with the construction of the related street improvements. Prior to approval of the associated improvement plans, Applicant shall provide written evidence, acceptable to Director of Engineering, demonstrating that MTDB has approved said conduits and interconnect improvements. 39. 40. 41. 42. 43. Prior to approval of the first "A" Map or approval of the first improvement plan for Street "A" and/or Street "B", whichever occurs earlier, Applicant shall submit and obtain the approval of the Director of Engineering of a design study ("Design Study") for said streets. The Design Study shall identify 1) all those onsite and offsite improvements and/or facilities that need to be constructed by Applicant for providing adequate vehicular circulation to the satisfaction of the Director of Engineering, and 2) a conceptual design and location of neck-downs and/or other traffle calming features at controlled intersections, as described in the Freeway Commercial SPA Plan, to the satisfaction of the Director of Engineering and Director of Planning and Building. All work performed by Applicant prior to approval of the Design Study shall be at Applicant's own risk ("Early Work"). Prior to issuance of a permit for any Early Work, Applicant shall acknowledge in writing that subsequent additional work may be required, at Applicant's cost, as determined by the approved Design Study. The Applicant shall obtain approval from the Director of Engineering and the Director of Planning and Building for the proposed street name for Street "B" within the project prior to the approval of the first final map. Approved street name for Street "B" shall be shown on the first final map. Agree to install permanent street name signs prior to the issuance of the first building permit for the applicable final map. (Engineering) Acquire and then grant to the City all off-site rights-of-way and easements necessary for the installation of required street improvements and/or utilities. (Engineering) Notify the City, at least 60 days prior to consideration of the approval of the applicable final map by City Council, if off-site right-of-way and easements cannot be obtained as required by these conditions. (Only off-site right-of-way or easements affected by Section 66462.5 of the Subdivision Map Act are covered by this condition.) After said notification the Applicant shall: a. Pay the full cost of acquiring off-site right-of-way or easements required by the Conditions of Approval of the Tentative Map. b. Deposit with the City the estimated cost of acquiring said right-of-way or easements. Said estimate is subject to the approval of the Director of Engineering. Have all right-of-way and/or easement documents and plats prepared and appraisals complete, as necessary to commence condemnation proceeding, and as determined by the Director of Engineering. Request that the City use its powers of Eminent Domain to acquire right-of-way, easements, or licenses needed for off-site improvements, or work related to the final map. The Applicant shall pay all costs, both direct and indirect, incurred in said acquisition. Items a, b, and c above shall be accomplished prior to the approval of the applicable final map. (Engineering) 44. 45. 46. 47. 48. 49. Prior to approval of the building permit that triggers the installation of the related street improvements listed below, the Applicant shall enter into an agreement to construct and secure all those improvements deemed necessary by the Director of Engineering to provide a fully actuated traffic signal including interconnected wiring at the following intersections: i. Olympic Parkway and Street "A", ii. Eastlake Parkway and Street "B", iii. Eastlake Parkway and Birch Road, iv. Birch Road and Street "A", v. Street "A" and Street "B", vi. Street "A" and Project Dwy 5 entry street, vii. Street "A" and Project Dwy 6 entry street, viii. Birch Road and La Media Road, The Applicant shall fully design the aforementioned traffic signals in conjunction with the improvement plans for the related streets, and shall install underground improvements, standards and luminaries in conjunction with the construction of the applicable street improvements. In addition, the Applicant shall install mast arm, signal heads, signal interconnect cable, and associated equipment when traffic signals warrant as determined by the Director o f Engineering. (Engineering) Street cross sections shall conform to the cross sections shown on the tentative map, unless otherwise conditioned or approved herein. All other design criteria shall comply with the current Chula Vista Design Standards, Chula Vista Street Design Standards, and the Chula Vista Subdivision Manual unless otherwise conditioned or approved herein. (Engineering) Submit to and obtain approval by the Director of Engineering of striping plans for all collector or higher classification streets simultaneously with the associated improvement plans. (Engineering) GRADING AND DRAINAGE Prior to issuance of the first grading permit, Applicant shall provide evidence of MTDB approval of an exhibit setting forth the proposed grading and vertical and horizontal alignments, acceptable to the Director of Engineering, for the LRT right-of-way. (Engineering) Should Applicant propose the construction of private offsite temporary drainage and/or desilting facilities within the EUC project, Applicant shall, prior to approval of any grading permit for such construction, enter into an agreement with the City, where Applicant agrees to provide for the maintenance of said facilities to the satisfaction of the Director of Engineering until such time as they are replaced by permanent facilities approved by the City. In addition, Applicant shall provide security in the form of cash or other security instrument approved by the Director of Engineering and City Attorney, guaranteeing the performance of said maintenance obligations. (Engineering) Provide graded vehicle access to all public storm drain clean-outs and/or detention facilities, or implement other access solutions approved by the Director of Engineering. Storm drain clean- outs shall not be located on slopes or inaccessible areas for maintenance equipment. 50. 51. 52. 53. 54. 55. 56. 57. 58. 59. (Engineering) Drainage shall be collected in an inlet and carried to the bottom of any slope in an underground storm drain, if the slope is over 10 feet in height and steeper than 4:1. (Engineering) Prior to approval of each grading plan, demonstrate the adequacy of existing downstream drainage facilities or include, in the grading plans, the construction of additional temporary detention facilities, to ensure that the maximum allowable discharges after development are conveyed by existing downstream drainage facilities to the satisfaction of the Director of Engineering. Applicant shall enter into an agreement with the City, where Applicant agrees to provide for the maintenance of said facilities until such time as they are replaced by permanent facilities approved by the City. Construct a protective fencing system around all proposed detention and/or desilting facilities and the inlets and outlets of storm drain structures within the project, as and when directed by the Director of Engineering. The final fencing design and types of construction materials shall be subject to approval by the Director of Engineering and Director of Building and Park Construction. (Engineering, Building and Park Construction) Submit to and obtain approval fi.om the Director of Engineering and Director of Building and Park Construction of an erosion and sedimentation control plan as part of grading plans. (Engineering, Building and Park Construction) Locate lot lines at the top of slopes except as shown on the Tentative Map or as approved by the Director of Engineering and Director of Planning and Building. Lots shall be so graded as to drain to the street or an approved drainage system. Drainage shall not be permitted to flow over slopes or onto adjacent property. (Engineering, Planning and Building) Design and construct all grading and pad elevations to be within 3 feet of the grades and elevations shown on the approved Tentative Map or as otherwise approved by the Director of Engineering and Director of Planning and Building. (Engineering, Planning and Building) Obtain and submit to City staff notarized letters of permission for all off-site grading work prior to issuance of grading permit for work requiring said off-site grading. Should applicant fail to obtain a letter of permission to grade that area of FC-2 which borders FC-1, Applicant shall thereafter provide a letter of permission to the developer of FC-2, upon City's request to do so. (Engineering) Design and construct all public storm drains as close to perpendicular to the slope contours as possible, but in no case greater than 15 degrees fi.om perpendicular to the contours. (Engineering) Provide a minimum of three (3) feet of flat ground access from the face of any wall to the beginning of the slope rounding for wall maintenance, unless otherwise approved for BOA slopes by the Director of Engineering and the Director of Planning and Building. (Engineering, Planning and Building) Provide a setback, as determined by the Director of Engineering based on Soil Engineer 60. 61. 62. 63. 64. recommendations, between the property lines of the proposed lots and the top or toe of any slope to be constructed where the proposed grading adjoins undeveloped property or property owned by others. The Director of Engineering shall not approve the creation of any lot that does not meet the required setback. (Engineering) Prior to issuance of grading permits, Applicant shall demonstrate that the grading plans are in substantial compliance with the grading outlined in the Tentative Map. (Engineering, Planning and Building) Construct energy dissipaters at all storm drain outlets, as required by the Director of Engineering to maintain non-erosive flow velocities. (Engineering) Design and construct the inclination of each cut or fill surface, resulting in a slope, to not be steeper than 2:1 (two horizontal to one vertical), except for minor slopes as herein defined. All constructed minor slopes shall be designed for proper stability considering both geological and soil properties. A minor slope may be constructed no steeper than one and one-half horizontal to one vertical (1.5:1) contingent upon: Submittal and approval of reports by both a soils engineer and a certified engineering geologist containing the results of surface and sub-surface exploration, and analysis. These results should be sufficient for the soils engineer and engineering geologist to certify that in their professional opinion, the underlying bedrock and soil supporting the slope have strength characteristics sufficient to provide a stable slope and will not pose a danger to persons or property. b. The installation of an approved slope planting program and irrigation system. c. "Minor Slope" is defined as a slope four (4) feet or less in vertical dimension in either cut or fills, between parcels and not parallel to any roadway. (Engineering) Construct temporary desilting basins at all discharge points adjacent to drainage courses or where substantial drainage alteration is proposed in the grading plan. The exact design and location of such facilities shall be based on hydrological modeling, and determined pursuant to direction by the Director of Engineering. (Engineering) The Development shall comply with all applicable regulations established by the United States Environmental Protection Agency (USEPA), as set forth in the National Pollutant Discharge Elimination System (NPDES), permit requirements for urban runoff and storm water discharge, the Clean Water Act, and any regulations adopted by the City of Chula Vista, pursuant to the N-PDES regulations or requirements. Further, the Applicant shall file a Notice of Intent with the State Water Resources Control Board to obtain coverage under the NPDES General Permit for Storm Water Discharges Associated with Construction Activity and shall implement a Storm Water Pollution Prevention Plan (SWPPP) concurrent with the commencement of grading activities. The SWPPP shall include both construction and post construction pollution prevention and pollution control measures and shall identify funding mechanisms for post construction control measures. The Applicant shall comply with all the provisions of the NPDES and the Clean Water Program during and after all phases of the development process, including, but not limited to, mass grading, rough grading, construction of street and 65. 66. 67. 68. 69. 70. landscaping improvements, and construction of dwelling units. The Applicant shall design the Project storm drains and other drainage facilities to include Best Management Practices to minimize non-point source pollution, to the satisfaction of the Director of Engineering. (Engineering) Prior to approval of the first "A" map for the Project, Applicant shall enter into an agreement with the City where Applicant agrees not to protest the formation of a facilities benefit district or any other funding mechanism approved by the City to finance the operation, maintenance, inspection, and monitoring of NPDES facilities. This agreement to not protest shall not be deemed a waiver of the right to challenge the amount of any assessment, which may be imposed due to the addition of these improvements and shall not interfere with the right of any person to vote in a secret ballot election. The above noted agreement shall mn with the entire land contained within the Project. (Engineering) Prior to the first Design Review approval for each Planning Area, Developer shall obtain the approval of the Director of Engineering of a report (Water Quality Technical Report) which identifies the permanent Best Management Practices for the proposed entire Planning Area. The Water Quality Technical Report shall comply with all applicable requirements of the Development and Redevelopment Project Storm Water Management Standards Requirements Manual (approved by City Council Resolution 2002-475.) (Engineering) Developer shall comply with all of the applicable provisions of the Storm Water Management and Discharge Control Ordinance (Chapter 14.20 of the Chula Vista Municipal Code, the Development and Redevelopment Project Storm Water Management Standard Requirements Manual (approved by Council Resolution 2002-475), and the City of Chula Vista SUSMP to the satisfaction of the Director of Engineering. (Engineering) Enter into a maintenance agreement with the City, where Applicant agrees to operate and maintain in perpetuity all private permanent BMPs deemed necessary by the Director of Engineering to provide service to said final map. Applicant shall submit and obtain approval from the Director of Engineering of a maintenance program for the proposed permanent BMPs. The maintenance program shall include, but not be limited to: 1) a manual describing the maintenance activities of said facilities, 2) an estimate of the cost of such maintenance activities, and 3) a funding mechanism for financing the maintenance program. (Engineering) Prior to the issuance of each grading permit, or as otherwise approved by the Director of Building and Park Construction, the Applicant shall prepare, submit and obtain the approval of the Director of Building and Park Construction, Director of Engineering and Environmental Review Coordinator for a landscape and irrigation slope erosion control plan. All plans shall be prepared in accordance with the current Chula Vista Landscape Manual and Grading Ordinance. Applicant shall install erosion control in accordance with approved plans within six months from the commencement of grading. (Building and Park Construction, Engineering, Planning and Building, EnvironmentaO Prior to issuance of any grading permit based on plans proposing the creation of down slopes adjacent to a_street, Applicant shall submit and obtain the Director of Engineering's approval of a study to determine the necessity of providing guardrail improvements at those locations. Applicant shall construct and secure any required guardrail improvements upon the request of 71. 72. 73. 74. 75. 76. 77. the Director of Engineering. If so requested, the guardrail shall be installed per CalTrans Traffic Manual and Roadside Design Guide requirements to the satisfaction of the Director of Engineering. (Engineering) All private stoma drains from the project shall connect into the public storm drain system at a structure such as a cleanout or catch basin. Storm drain systems that collect water from private property shall be designated private on grading and drainage and/or improvement plans to the point of connection with a public system or to the point at which storm water that is collected from public street right-of-way, public park or open space areas is first introduced into the system. Downstream from that point, the storm drain system shall be public. An encroachment permit shall be submitted for approval to the City for private storm drains within the public right-of-way or within C.F.D. maintained lots. (Engineering) Submit with grading and drainage and/or improvement plans, as applicable, hydrologic and hydraulic studies and calculations, including dry lane calculations for all public streets. Calculations shall also be provided to demonstrate the adequacy of downstream drainage structures, pipes and inlets. (Engineering) Brow ditches that cross over slopes greater than 10 feet in height and steeper than 3:1 gradient shall not be allowed. Drainage shall be collected in an inlet and carried via underground storm drain to the bottom of the slope or a drain inlet connected to an underground storm drain. The applicant shall ensure that brow channels and ditches emanating from and/or running through City Open Space are not routed through private property. Brow ditches and channels from private property shall not be routed through City open space unless approved by the Director of Engineering. (Engineering) Indicate on all affected grading plans that all walls which are to be maintained by open space districts shall be constructed entirely within open space lots dedicated to the City. (Engineering.) Prior to the approval of each mass grading permit, Applicant will submit a drainage study to the satisfaction of the Director of Engineering showing that the interim grading conditions do not adversely impact downstream drainage systems. (Engineering) Prior to issuance of each grading permit, Applicant shall demonstrate that the grading plans are in substantial compliance with the grading concepts outlined in the Freeway Commercial SPA Plan and consistent with the landform grading policies described in the City's General Plan. Said grading concepts will ensure that manufactured slopes are contoured to blend with and reflect adjacent natural slopes. (Engineering, Planning and Building) Prior to issuance of any grading permit proposing off-site grading within the Eastern Urban Center (EUC) project, Applicant shall demonstrate to the satisfaction of the Director of Engineering that said off-site grading operation is needed for the proposed grading operations. (Engineering) SEWER 78. Applicant shall design all public sewer in accordance with the following requirements: 79. 80. 81. Design all sewer access points (manholes) to be located at centerline of street, cul-de- sac center, or at the center of.a travel lane, unless otherwise approved by the Director of Engineering. b. Provide improved all-weather paved access to all sewer manholes to withstand H-20 wheel load or other loading as approved by the Director of Engineering. c. Sewer access points (manholes) shall not be located on slopes or in inaccessible areas for maintenance equipment. Provide sewer manholes at all changes of alignment of grade, unless otherwise approved by the Director of Engineering. Install sewer mains such that there are no bends exceeding 45-degree to the direction of flow. Manholes should not be located in the wheel tracks on Class I Collector Streets and above, unless otherwise approved by the Director of Engineering. Manholes within intersections of Class I Collectors and above shall meet Regional Standard Drawing M- 4 (Locking). f. Sewer main pipes shall not mn parallel and under slopes greater than 5:1 unless otherwise approved by the Director of Engineering. g. Sewer lines, which are greater than 20 feet in depth, shall use C-900 or C-905 class pipe, as approved by the Director of Engineering. (Engineering) WATER Prior to approval of each final map, present verification to the Director of Engineering in the form of a letter from Otay Water District indicating that the assessments/bonded indebtedness for all parcels dedicated or granted in fee to the City have been paid, or that no assessments/bonded indebtedness exist on the parcel(s). (Engineering) Prior to approval of each final map, present verification to the Director of Engineering in the form of a letter from Otay Water District that the subdivision will be provided adequate water service and long-term water storage facilities. The Applicant shall phase and install water system improvements as required by the Otay Water District. (Engineering, Planning and Building) Avoid installation of privately owned water, reclaimed water, or other utilities crossing any public street. This shall include the prohibition of installing sleeves for future construction of privately owned facilities. The Director of Engineering may waive this requirement if the following is accomplished: a. The Applicant enters into an agreement with the City where the Applicant agrees to the following: i. Apply and obtain approval of an encroachment permit for installation of private utilities within public right-of-way. ii. Maintain membership in an advance notice service, such as: the USA Dig Alert Service. iii. Mark out all private facilities/utilities owned by the Applicant whenever work is performed in the area. iv. The terms of this Agreement shall be binding upon the successors and assigns of the Applicant. b. Shutoff devices, as determined by the Director of Engineering, are provided at those locations where private facilities traverse public streets. (Engineering) AGREEMENTS/FINANCIAL 82. Enter into a supplemental agreement with the City wherein the Applicant agrees as follows: a. That the City may withhold building permits for the subject subdivision if any one of the following occur: Regional development threshold limits set by the City have been reached or in order to have the Project comply with the Growth Management Program as may be amended from time to time. ii. Traffic volumes, levels of service, public utilities and/or services either exceed the adopted City threshold standards or fail to comply with then effective Growth Management Ordinance, and Growth Management Program and any amendments thereto. Public utilities shall include, but not be limited to, air quality, drainage, sewer and water. iii. The required public facilities, as identified in the PFFP, or as amended or otherwise conditioned have not been completed or constructed to the satisfaction of the City. The Applicant may propose changes in the timing and sequencing of development and the construction of improvements affected. In such case, the PFFP may be amended, as approved by the City's Director of Planning and Building and the Public Works Director. (Engineering, Planning and Building) Defend, indemnify and hold harmless the City and its agents, officers and employees, from any claim, action or proceeding against the City, or its agents, officers or employees, to attack, set aside, void or annul any approval by the City including approval by its Planning Commission, City Council or any approval by its agents, officers, or employees with regard to this subdivision pursuant to Section 66499.37 of the State Map Act; provided the City . promptly notifies the subdivider of any claim, action or proceeding, and on the further condition that the City fully cooperates in the defense. (Engineering, Planning and Building) Permit all cable television companies franchised by the City of Chula Vista equal opportunity to place conduit and provide cable television service for each lot or unit within the final map area. Applicant further agrees to grant, by license or easement, and for the benefit of, and to be enfomeable by, the City of Chula Vista, conditional access to cable 83. television conduit within the properties situated within the final map only to those cable television companies franchised by the City of Chula Vista, the condition of such grant being that: (a) such access is coordinated with Applicant's construction schedule so that it does not delay or impede Applicant's construction schedule and does not require the trenches to be reopened to accommodate that placement of such conduits; and (b) any such cable company is and remains in compliance with, and promises to remain in compliance with the terms and conditions of the franchise and with all other rules, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may from time to time be, issued by the City of Chula Vista. Applicant hereby conveys to the City of Chuta Vista the authority to enforce said covenant by such remedies as the City determines appropriate, including revocation of said grant upon determination by the City of Chula Vista that they have violated the conditions of grant. (Engineering, Planning and Building) That the City may withhold the issuance of building permits for the Project, should the Applicant be determined by the City to be in breach of any of the terms of the Tentative Map Conditions or any Supplemental Agreement. The City shall provide the Applicant of notice of such determination and allow the Applicant reasonable time to cure said breach. (Engineering, Planning and Building) e. Hold the City harmless from any liability for erosion, siltation or increase flow of drainage resulting from this project. (Engineering, Planning and Building) f. Participate, on a fair share basis, in any deficiency plan or financial program adopted by SANDAG to comply with the Congestion Management Program (CMP). (Engineering) To not protest the formation of any future regional impact fee program or facilities benefit district to finance the construction of regional facilities. This agreement not to protest shall not be deemed a waiver of the right to challenge the amount of any assessment which may be imposed due to the addition of these new facilities and shall not interfere with the right of any person to vote in a secret ballot election. Indemnify, and hold harmless the City, its elected and appointed officers and employees, from and against all fines, costs, and expenses arising out of non-compliance with the requirements of the NPDES regulations, in connection with the execution of any construction and/or grading work for the Project, whether the non-compliance results from any action by the Applicant, any agent or employee, subcontractors, or others. The Applicant's indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City. (Engineering) Prior to approval of each final map, the Applicant shall agree to contract with the City's current street sweeping franchisee, or other server approved by the Director of Public Works Operations to provide street sweeping for each phase of development on a frequency and level of service comparable to that provided for similar areas of the City. The Applicant shall cause street sweeping to commence immediately after the first building, in each phase, is occupied and shall continue sweeping until such time that the City has accepted the street, or 60 days after the completion of all punch list items, whichever is shorter. The Applicant further agrees to provide the Director of Public Works Operations with a copy of the memo requesting street 84. 85. 86. 87. 88. 89. 90. sweeping service. Such memo shall include a map of areas to be swept and the date the sweeping will begin. (Engineering) Prior to approval of the first "A" map for the Project, Applicant shall grant an Irrevocable Offer of Dedication (I.O.D.) in fee, in a form approved by the City Attomey, for the right-of-way deemed necessary by the Director of Engineering to accommodate the future SR-125 facilities. In addition, the Applicant shall provide written evidence, acceptable to the Director of Engineering, demonstrating that CALTRANS approves the proposed SR-125 right-of-way. (Engineering) Prior to approval of the first "A" map for the Project, Applicant shall grant an Irrevocable Offer of Dedication (I.O.D.) in fee to the City, in a form approved by the City Attorney, for the right- of-way not located within Street "A" deemed necessary by the Director of Engineering to accommodate the future MTDB facilities. Said right-of-way shall be shown as a separate lot in the first "A" map. In addition, Applicant shall provide wTitten evidence, acceptable to the Director of Engineering, demonstrating that MTDB approves the proposed transit right-of-way. (Engineering) Prior to approval of the first "A" map, Applicant shall enter into a maintenance and grant of easement agreement with the City, in a form approved by the City Attorney, where Applicant agrees to a) maintain the street trees, tree wells, irrigation system, landscaping, and sidewalks located within the public parkways (back of curb to right-of-way line) at both sides of Street "A" and Street "B". b) assume full responsibilities for any repairs to. the street hardscape, including but not limited to, sidewalk, curb and gutter, and AC pavement, if determined by the City to be caused by the street trees or irrigation system; and c) indemnify and hold the City harmless from any liability resulting from Applicant's default on the above mentioned maintenance obligations. The Director of Public Works Operations may, at his/her sole discretion, waive this requirement or a portion thereof, should an alternative maintenance and funding mechanism be approved by the City. (Engineering, Public Works Operations) The Applicant shall comply with all previous agreements still in effect as they pertain to this tentative map. (Engineering, Planning and Building) The Applicant shall implement the final. Air Quality Improvement Plan (AQIP) measures as approved by the City Council, and to comply and remain in compliance with the AQIP. The Applicant shall also waive any claim that the adoption of a final AQIP constitutes an improper subsequent imposition of the condition. (Planning and Building) The Applicant acknowledges that the City Council may, from time-to-time, modify air quality improvement and energy conservation measures related to new development as various technologies and/or programs change or become available. The Applicant shall modify the AQIP to incorporate those new measures, which are in effect prior to each final map approval within the Project. The new measures shall apply, as applicable, to development within all future final map areas, but shall not be retroactive to those areas which receive final map approval prior to effect of the subject new measures. (Planning and Building) The Applicant acknowledges that the City Council may, from time-to-time, modify water conservation measures related to new development as various technologies and/or programs 91. change or become available. The Applicant shall be required to modify the Water Conservation Plan (WCP) to incorporate those new measures, which are in effect prior to each final map approval within the Project. The new measures shall apply to development within all future final map areas, but shall not be retroactive to those areas, which received fmal map approval prior to effect of the subject measures. (Planning and Building) Submit, prior to approval of the each Final "B" map, evidence acceptable to the Director of Engineering and the Director of Planning and Building, of the formation of a Business Owner's Association, and/or another financial mechanism acceptable to the City Manager (herein referred to as "BOA"). The BOA formulation documents and BOA budget regarding this condition 89 shall be subject to approval by the City Attorney. CC&R's and/or other alternative similar documentation (herein collectively referred to as "CC&R's) for the Project shall be submitted to the Planning and Building Department for review and approval no later than 60 days after approval of each Final "B" map, and shall include all of the following: Provisions ensuring the maintenance of all common facilities located within the project including, but not be limited to: walls, fences, water fountains, lighting structures, paths, trails, access roads, drainage structures, water treatment facilities, landscaping, trees, streets, parking lots, driveways, and sewage systems that are private. Common facilities are to be identified or labeled in an exhibit in the CC&R's. b) Language establishing the BOA responsibilities to maintain public landscaping and/or improvements in conformance with the Maintenance Responsibility Map. c) Language establishing the BOA responsibility to maintain trees, tree wells, sidewalk, irrigation system, and landscaping located within the public parkways at both sides of Street "A" and Street "B" (back of curb to right-of-way line). The Director of Public Works Operations may, at his/her sole discretion, waive this requirement or a portion thereof, should an alternative maintenance and funding mechanism be approved by the City. d) Language naming the City of Chula Vista as a party to the CC&R's, with the authority, but not the obligation, to enfome the terms and conditions of the CC&R's in the same manner as any owner within the BOA. Should the City act to enforce any of the CC&R's, the BOA shall immediately reimburse the City for all costs associated with such actions. e) Before any revisions to provisions of the CC&R's that may particularly affect the City can become effective, said revisions shall be approved by the City. The BOA shall not seek approval from the City of said revisions without the prior consent of 100 percent of the holders of first mortgages or property owners within the BOA unless otherwise approved by the Director of Planning and Building. f) The BOA shall indemnify and hold the City harmless from any claims, demands, causes of action liability or loss related to or arising from the maintenance activities 92. 93. 94. 95. of the BOA. g) The BOA shall not seek to be released by the City from the maintenance obligations described herein without the prior consent of 100 percent of the holders of first mortgages or property owners within the BOA. The BOA is required to procure and maintain a policy of comprehensive general liability insurance written on a per-occurrence basis in an amount not less than one million dollars combined single limit. The policy shall be acceptable to the City and name the City as additionally insured and shall not contain a cross-party exclusionary clause. i) Provisions requiring daily sweeping of common parking lots and intemal drives by a reputable sweeping company. j) Language assuring BOA membership in an advance notice service such as the USA Dig Alert Service in perpetuity. The Applicant shall be required to equitably participate in any future regional impact fee program for regional facilities should the region enact such a fee program to assist in the construction of such facilities. The Applicant shall enter into an agreement with the City which states that the Applicant will not protest the formation of any potential future regional benefit assessment district formed to finance regional facilities. This agreement to not protest the formation of said regional benefit assessment district shall not be deemed a waiver of the right to challenge the amount of any fee which may be imposed due to these new improvements and shall not interfere with the right of any person to vote in a secret ballot election. (Engineering) Prior to issuance of each building permit within the Freeway Commercial SPA, the Applicant shall pay fees or some other financing mechanism approved by the school district to provide for the construction of needed elementary, middle and high schools. (Engineering) Prior to approval of the first "A" Map for the project in order to satisfy the Project's fair-share contribution for financing the regional transit system, the Applicant shall enter into an agreement with the City which states that the Applicant will not protest the formation of any potential future regional benefit assessment district formed to finance the regional transit system. This agreement to not protest the formation of said regional benefit assessment district shall not be deemed a waiver of the right to challenge the amount of any fee, which may be imposed due to these new improvements and shall not interfere with the right of any person to vote in a secret ballot election (Engineering, MTDB) OPEN SPACE/ASSESSMENTS In the event Applicant requests the formation of a Community Facility District (CFD) for providing a funding mechanism for the maintenance of public improvements within the Project, the Applicant shall make such request, and obtain City Council approval for the formation of said CFD prior to the approval of the first "A" map for the Project. The Applicant shall submit a list of amenities, acreage and maintenance costs for all public open space lots and facilities, including, but not limited to, the parkways, medians, open space lots, enhanced paving and 96. 97. 98. 99. 100. 101. 102. water quality treatment facilities. Maintenance of the improvements shall be accomplished by the Applicant for a minimum period of one year, or until such time as accepted into the CFD by the Director of Public Works Operations. If Council does not approve the CFD formation, some other financing mechanism, such as Business Owners Association, or an endowment shall be established and submitted to the City Council for consideration prior to approval of the first "A" map. All costs of formation and other costs associated with the processing of the CFD for this project shall be paid for by the Applicant. The Applicant shall provide all the necessary information and materials (e.g., tables, diagrams, etc.) required by the Director of Engineering for processing the formation of the proposed CFD. (Engineering) Grant in fee to the City on the applicable final map, all the open space lots to be maintained by the City through an open space district. Applicant shall provide on the final map a certificate, pursuant to section 66477.2(a) of the Subdivision Map Act, rejecting those open space lots to be maintained by the Business Owners Association, as determined by the Director of Engineering. (Engineering) Prior to issuance of any grading permit which includes Landscaping and Irrigation (L&I) improvements to be installed in an open space lot to be maintained by the CFD, the Applicant shall place a cash deposit with the City which will guarantee the maintenance of the L&I improvements tmtil the City accepts said improvements. In the event the improvements are not maintained to City standards as determined by the Director of Engineering, Director of Public Works Operations, or the Director of Building and Park Construction, the deposit shall be used to perform the maintenance. The amount of the deposit shall be equivalent to the estimated cost of maintaining the open space lots to City standards for a period of six months as determined by the Director of Engineering. Any unused portion of said deposit shall be incorporated into the open space district's reserve at such time as the open space district assumes the maintenance of the open space lot. (Engineering, Public Works, Building and Park Construction) All Project landscaping shall conform to the design elements of the City's Landscape Manual. (Building and Park Construction) Provide proof to the satisfaction of the Director of Engineering and Director of Building and Park Construction that all improvements located on open space lots will be incorporated into and maintained by a Business Owner's Association or a CFD. (Engineering, Building and Park Construction) Prior to approval of the first "A" map for the Project, the Applicant shall enter into a maintenance and grant of easements agreement as necessary for landscaping and improvements maintained by a Business Owner's Association within City right-of-way or such other public areas required by the City. (Engineering, Building and Park Construction) Provide minimum 15' wide easements to the City of Chula Vista as required by the Director of Engineering for construction and maintenance of sewer facilities. (Engineering) Provide minimum 15' wide easements to the City of Chula Vista as required by the Director of Engineering for construction and maintenance of storm drain facilities. (Engineering) 103. Provide easements for all off-site public storm drains and sewer facilities prior to approval of 104. 105. 106. 107. 108. 109. 110. 111. each final map requiring those facilities unless Section 66462.5 of the State Map Act applies. The easements shall be sized as required by the City of Chula Vista Standards, unless otherwise approved by the Director of Engineering. (Engineering) Grant on all applicable final maps, easements along all public streets within the subdivision as shown on the tentative map and in accordance with City standards unless otherwise approved by the Director of Engineering and the Director of Planning and Building. The Director of Engineering may require either the removal or the subordination of any easement, which may unreasonably interfere with the full and complete exercise of any required public easement or right-of-way. (Engineering) Provide a 20-foot minimum sewer and access easement for public sewer lines located between buildings, unless otherwise required by the Director of Engineering. All other easements shall meet City standards for required width. (Engineering) Grant easements to subsequent owners pursuant to Section 18.20.150 of the City Code on any final map that proposes private access, utilities or drainage facilities crossing property lines as directed by the Director of Engineering. (Engineering) Grant to City two-foot access easements along the rear and side property line of lots adjoining walls to be maintained by the open space district. The locations of these easements shall be as required by the Director of Planning and Building and the Director of Engineering to provide adequate access for maintenance of said walls. (Engineering) Storm drain easements shall be private unless the storm drain systems therein are public. (Engineering) Provide for the removal or subordination of any easement which may unreasonably interfere with the full and complete exercise of any required public easement or right-of-way to the satisfaction of the Director of Engineering. (Engineering) LANDSCAPE Prior to issuance of each construction permit and grading permit for the Project, the Applicant shall secure all landscape improvements associated with the improvements covered by said permit. The security shall be in amounts as determined by the Director of Building and Park Construction and approved in form by the City Attorney. Applicant shall prepare and submit to the Director of Building and Park Construction landscape improvement plans concurrent with the second submittal of street improvement or grading improvement plans for corresponding areas. All plans shall be prepared in accordance with the current Chula Vista Landscape Manual and the SPA. Applicant shall agree to and shall install all landscape improvements in accordance with the approved plans to the satisfaction of the Directory of Planning and Building and the Director of Building and Park Construction. (Planning and Building, Engineering, Building and Park Construction) The applicant shall install all street trees in accordance with Section 18.28.010 of the Chula Vista Municipal Code. All street trees shall be planted in parkways, or as otherwise approved by the Director of Planning and Building. Street trees are to be consistent with tree species 112. 113. 114. described in the Freeway Commercial Design Plan, Freeway Commercial SPA Plan and Landscape Master Plan, and shall be subject to approval by the Director of Planning and Building and Director of Public Works Operations. Prior to the installation of any dry utilities, including but not limited to cable, telephone, gas or electric lines, Applicant agrees to complete preliminary street improvement plans that show the location of all future street trees, which will be subject to the review and approval of the Director Building and Park Construction and the Director of Planning and Building. Prior to any utility installation, wood stakes shall be placed by the Applicant on site according to approved preliminary street improvement plans that depict street trees and shall be painted a bright color and labeled as future street tree location. Applicant further agrees to provide City documentation, acceptable by the Director Building and Park Construction and the Director of Planning and Building, that all utility companies have been given notice that no dry utility line shall be located within five feet of the wood stake in any direction. Applicant will maintain street tree identification stakes in locations as shown on approved preliminary plans until all dry utilities are in place. A street tree improvement plan, including mailbox locations, shall be submitted for review and subject to the approval of the Director of Planning and Building and the Director of Engineering prior to or concurrent with the second submittal of street improvement plans within the subdivision. Approval of the street tree improvement plans shall constitute final approval of the selection of street trees for the street parkways. (Engineering, Planning and Building, Building and Park Construction) Design landscape and irrigation plans such that street tree placement is not in conflict with the sight visibility of any traffic signage. The Applicant shall be responsible for the removal of any obstructions within the sight visibility of said traffic signs to the satisfaction of the Director of Engineering. (Engineering) Prior to the approval of the first "A" map or issuance of the first grading permit proposing to create finished lots, whichever occurs first, Applicant shall prepare, submit and receive approval fi.om the Director of Building and Park Construction of a comprehensive Project Landscape Master Plan. Such approval shall be indicated by means of the Director's signature and date on said Plan. The contents of the Landscape Master Plan shall conform to the City staff checklist and contain the following major components: Landscape Concept Wall and Fence Plan, indicating type, material, height and location. Maintenance Responsibility Plan Planting Concept Plan Master Irrigation Plan (Building and Park Construction, Planning and Building, Engineering, Public Works) MISCELLANEOUS Prior to approval of each final map, Applicant shall submit copies of the final map in a digital format. The drawing projection shall be in California State Plane Coordinate System (NAD 83, Zone 6). The digital file of the final map shall combine all map sheets into a single CADD drawing, in DXF, DWG or Arc View (GIS) format and shall contain the following individual layers: Subdivision Boundary (closed polygons), /b- 3'7 115. 116. 117. Lot Lines (closed polygons) Street Centerlines (polygons) Easements (polylines) Street names (annotation) Lot numbers (annotation) (Engineering) Within thirty (30) days of the Director of Engineering approval, the Applicant shall submit copies of all approved grading and improvement plans associated with the project in digital format. The drawing projection shall be in California State Plane Coordinate System (NAD 83, Zone 6). The digital files shall combine all sheets into a single CADD drawing for each set of plans, in DXF, DWG or Arc View (GIS) format. (Engineering) Within thirty (30) days of the City Council approval of these tentative map conditions, or prior to the submittal of the first "A" map for the Project, whichever occurs first, the Applicant shall submit a digital drawing file of the tentative map in its approved form. The drawing projection shall be in California State Plane Coordinate System (NAD 83, Zone 6). The digital file shall combine all map sheets into a single CADD drawing, in DXF, DWG or ArcView (GIS) format and shall contain the following individual layers: a. Subdivision Boundary (closed polygons) b. Lot Lines (closed polygons) c. Street Centeflines (polylines) d. Easements (polylines) e. Street Names (annotation) f. Lot Numbers (annotation) The digital drawing file shall be submitted in accordance with the City Guidelines for Digital Submittal on 3-½" disks or CD, as an e-mail attachment to the Director of Engineering, or as otherwise approved by the Director of Engineering. (Engineering) FIRE AND BRUSH MANAGEMENT The Applicant shall comply with the Fire Department's codes and policies for Fire Prevention, as may be amended from time to time. The Applicant shall provide the following items prior to delivery of combustible materials on any construction site on the Project: a. Water supply consisting of fire hydrants as approved and indicated by the Fire Department during plan check to the satisfaction of the Fire Department. Any temporary water supply source is subject to prior approval by the Fire Marshal. b. Emergency vehicle access consisting of a minimum first layer of hard asphalt surface or concrete surface, with a minimum standard width of 20 feet (or an acceptable alternative approved by the Fire Marshal and in compliance with the U.F.C.). c. Street signs installed to the satisfaction of the Director of Engineering. Temporary street signs shall be subject to the approval of the Diregtor of Engineering and Fire Marshal. Locations and identification of temporary street signs shall be subject to review and approval by the Director of Engineering and Fire Marshal. (Fire, Engineering) 118. Applicant shall obtain the approval of the City's Fire Marshal for the timing of construction of all internal streets in the Project. (Fire, Engineering) 119. In addition to those fire hydrants depicted on the tentative map, the applicant shall install additional fnce hydrants upon request and to the satisfaction of the Fire Marshal. (Fire, Engineering) 120. 121. Construct a temporary turnaround or street improvements, upon the request of and as determined necessary by the Director of Engineering and Fire Marshal, at the end of temporarily stubbed streets greater than 150 feet in length (as measured fi.om the nearest street centerline intersection). (Engineering) CODE REQUIREMENTS Comply with all applicable sections of the Chula Vista Municipal Code including Chapter 15.04 "Grading Ordinance" as amended. Preparation of the final maps and all plans shall be in accordance with the provisions of the Subdivision Map Act and the City of Chula Vista Subdivision Ordinance and Subdivision Manual. (Engineering) 122. Underground all utilities within the subdivision in accordance with Municipal Code requirements to the satisfaction of the Director of Engineering. (Engineering) 123. Comply with all relevant Federal, State, and Local regulations, including the Clean Water Act. The Applicant shall be responsible for providing all required testing and documentation to demonstrate said compliance as required by the Director of Engineering. (Engineering) 124. 125. 126. Pay all required fees, including the following fees, in accordance with the City Code and Council Policy: The Transportation and Public Facilities Development Impact Fees. Traffic Signal Participation Fees. All applicable sewer fees, including but not limited to sewer connection fees. Interim SR-125 Development Impact Fee Poggi Canyon Gravity Sewer Basin DIF Pay the amount of said fees in effect when payment is due. (Engineering, Planning and Building) GROWTH MANAGEMENT/PUBLIC FACILITIES FINANCING PLAN (PFFP}/ PHASING Applicant shall comply with Chapter 19.09 of the Chula Vista Municipal Code (Growth Management) as may be amended fi.om time to time by the City. Said chapter includes but is not limited to: threshold standards (19.09.04), public facilities finance plan implementation (19.09.090), and public facilities finance plan amendment procedures (19.09.100). (Engineering, Planning and Building) Install public facilities in accordance with the Freeway Commercial Public Facilities Finance Plan as may be amended from time to time, or as required by the Director of Engineering to 127. 128. meet threshold standards adopted by the City of Chula Vista. The Director of Engineering and Director of Planning & Building may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such a revision. (Engineering, Planning and Building) PHASING If the applicant proposes to modify the Freeway Commercial SPA approved phasing plan, the applicant shall submit to the City a revised phasing plan for review and approval upon request of the Director of Engineering. prior to approval of the first final "B" Map. The PFFP shall be revised where necessary to reflect the revised phasing plan. (Engineering) The Public Facility Finance Plan or revisions thereto shall be adhered to for the SPA and tentative map with improvements installed in accordance with said plan or as required to meet threshold standards adopted by the City of Chula Vista. The PFFP identifies a facility phasing plan based upon a set of assumptions concerning the location and rate of development within and outside of the project area. Throughout the build-out of the Freeway Commercial SPA, actual development may differ from the assumptions contained in the PFFP. Neither the PFFP nor any other Freeway Commercial SPA Plan document grant the Applicant an entitlement to develop as assumed in the PFFP, or limit the Freeway Commercial SPA's facility improvement requirements to those identified in the PFFP. Compliance with the City of Chula Vista threshold standards, based on actual development patterns and updated forecasts in reliance on changing entitlements and market conditions, shall govern Freeway Commercial SPA development patterns and the facility improvement requirements to serve such development. In addition, the sequence in which improvements are constructed shall correspond to any future Chula Vista Transportation Phasing Plan or amendment to the Growth Management Program and Ordinance adopted by the City. The Director of Engineering may modify the sequence of improvement construction should conditions change to warrant such a revision. (Engineering) CROSSROADS II Citizens Working Together to Keep Chula Vista a Good PlacBr££Eih\éED Steering Committee Patricia Aguilar President Lupita Jimenez Vice President Susan Watry Membership Coordinator Sandy Duncan Secretary/Treasurer Peter Watry! Newsletter Editor Tom Davis. Transportation Issue Coordinator Sharon Floyd Will Hyde Jim Peterson '03 APR 15 P 3 :29 April 15, 2003 CITY Of CHULA VIS I .I ein CJLERK'S OFFICE Mayor Steve Padilla and Members of the Chula Vista City Council Chula Vista City Hall HAND DELlVERED SUBJECT: Item 17; Council Agenda 04/15/03 Dear Steve and Councilmembers: CROSSROADS II first learned of the issues raised in the subject agenda item late yesterday. Based on a very cursory reading of the staff report, we note that approval of this item would permit construction of over 18,000 dwelling units in the eastern territories prior to completion of SR-125. This is almost DOUBLE the previously approved 9,429 cap on units prior to completion ofSR-125. CROSSROADS II is not necessarily opposed to this doubling, but the numbers are so large and the potential consequences so great, we feel it is important that we take adequate time to carefully study it. The staff report contains a detailed traffic study and three EIR addendums, which we simply have not had time to review. THEREFORE, WE REQUEST THAT ACTION ON THIS ITEM BE POSTPONED UNTIL YOUR NEXT REGULARLY SCHEDULED MEETING. We are not technical experts on these issues, and a short postponement would allow us opportunity to review the technical documents and meet with staff if necessary to understand the proposal better. Thank you for consideration ofthis request, p'm~"', Pre"d,,", 262 Second A venue Chuta Vista CA 91910 E-mail: xroads2íq)cox.net 619.427.7493 CITY COUNCIL AGENDA STATEMENT Item: ]7 Meeting Date: 04/15/03 ITEM TITLE: Public Hearing for adoption of agreements for monitoring building pemaits for EastLake III, Otay Ranch Village 6, Otay Ranch Village 11, Bella Lago, San Miguel Ranch and Salt Creek Ranch (aka Rolling Hills Ranch); and substituting mitigation measures in FEIR 97-02 (San Miguel Ranch) and FEIR 91-03 (Salt Creek Ranch aka Rolling Hills Ranch) and MNDIS-00-05. Resolution of the City Council of the City of Chula Vista approving agreements for monitoring building permits between the City of Chula Vista and Trimark Pacific and McMillin Rolling Hills Ranch LLC and authorize the Mayor to execute the agreements on behalf of the City. Resolution of the City Council of the City of Chula Vista Approving Agreements for monitoring building permits for Eastlake 11I, Otay Ranch Village 6, Otay Ranch Village 11, and Bella Lago and authorizing The Mayor to execute the agreement on behalf of the City. SUBMITTED BY: Assistant City Manager Krempl ~.// Director of Planning and B}lilding~/~5~ Director ofEngineerin~ F~ ' '~ '~ REVIEWED BY: City Manager (4/5ths Vote: Yes No x ) On April 8, 2003, the City Council requested staff to bring forward a report regarding options for addressing the need to provide infrastructure in a timely manner and to ensure that growth is being managed in accordance with the City's growth management program. At the same time, staff has been working with several developers to implement provisions of previously approved "traffic enhancement agreements" which address the need to provide additional traffic capacity in eastern Chula Vista, and to consider adjustments to previously established limitations of development prior to completion of SR-125. This report addresses these matters, and sets forth a recommended approach for dealing with all of these related issues. The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act, and has determined that the project was covered in a previously adopted Mitigation Negative Declaration (IS-00-05), as well as previously adopted Environmental Impact Reports (EIR-01-02, EIR98-01, EIR-01-01, EIR-02-05, EIR-89-03, EIR- 91-03). The Environmental Review Coordinator has determined that only minor technical changes or additions to these documents are necessary and that none of the conditions described l'7-/ Page 2, Item / 7 Meeting Date 04/15/03 in Section 15162 of the State CEQA Guidelines calling for the preparation of a subsequent document have occurred; therefore, the Environmental Review Coordinator has prepared addendums to these documents. RECOMMENDATION: That thc City Council adopt thc attached resolutions authorizing thc Mayor to execute the Monitoring Program agreements on behalf of the City. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: Background Traffic monitoring has been an ongoing activity since the City adopted the Threshold Standards Policy in 1987. The monitoring is conducted twice annually and serves as input for the Growth Management Oversight Commission so that they can make informed recommendations to Council on an annual basis. As plans for new developments in Eastern Chula Vista were reviewed subsequent to the adoption of the Threshold Standards Policy, studies were conducted regarding traffic capacity, both on an individual and cumulative basis, in the Environmental Impact Reports. Specifically, for Rolling Hills Ranch and San Miguel Ranch, the traffic studies indicated that only a limited amount of development could occur in these projects prior to the completion of SR-125 without exceeding the traffic threshold standards. Therefore, both projects were limited to a specific number of housing units prior to completion of SR- 125 through conditions of approval. More recently, a traffic study was conducted as part of the environmental impact assessment for Otay Ranch Villages 6 and 11, and EastLake III. This study assessed the traffic related impacts of these three projects on the eastern Chula Vista circulation system, taking into account other previously approved projects. This assessment resulted in a forecast that indicated the traffic threshold could be exceeded after 9,429 housing units were permitted beginning January 1, 2000, unless SR-125 was completed by that time. Based on this analysis, conditions were placed on these projects, which stated: "Prior to the construction of SR-125, the City shall stop issuing new building permits (for this project) when the City, in its sole discretion determines either: a) Building permits for a total of 9,429 dwelling units have been issued for projects east of 1-805 or, /7-'2 Page 3, Item ]'7 Meeting Date 04/15/03 b) An alternative measure is selected by the City in accordance with the City of Chula Vista Growth Management Ordinance. The start date for counting the 9,429 dwelling units is January 1, 2000. Notwithstanding the foregoing, the City may issue building permits if the City decides in its sole discretion that either traffic studies demonstrate, to the satisfaction of the City Engineer, that the circulation system has additional capacity without exceeding the GMOC traffic threshold standards; other improvements are constructed which provide additional necessary capacity; or the City selects an alternative method of implementing the GMOC standards." Recognizing the implications of the above traffic forecast, City staff brought forward a recommended approach to dealing with cumulative traffic issues to Council on May 31, 2001 and again with greater detail on July 24, 2001. The "three-pronged" approach recommended by staff included: A. Increase capacity of the City's existing roadway network east of 1-805 through traffic capacity enhancement projects. B. Initiate a Transportation Demand Management (TDM) Program. C. Enhance the City's existing Development and Traffic Monitoring Program. This three-pronged approach was approved by the Council and immediately initiated by staff. On September 17, 2002 the Council approved resolutions regarding the financing of two of the traffic enhancement measures (Telegraph Canyon Road and East H Street widening projects). At that time, the Council entered into agreements with the major developers under which the developers agreed to finance these two roadway projects, and the Council agreed that City would perform traffic studies analyzing traffic capacity created by these projects, and that the City would consider amendments to entitlements held by these developers to allow increases in building permits that could be issued for their respective projects. Current and Planned Capacity In accordance with above agreement, City staff commissioned a traffic study (Attachment A) to reevaluate the current capacity on the eastern Chula Vista street system and estimate the capacity increases due to on-going and planned traffic enhancements. That study made assumptions on road capacity and use that can now be verified based on the empirical experience over the last two years. Using January 1, 2003 as the base point, the study revealed additional existing capacity, and estimated future capacity increases due to the on-going and planned traffic enhancements as indicated below: Page 4, Item / 7 Meeting Date 04/15/03 CURRENT AND PLANNED CAPACITY Enhancements Baseline with Olympic Parkway completed Improvements on Telegraph Canyon Road Improvements on East H Street Olympic Parkway Interchange Total Housing Unit Capacity 6,150 1,350 600 940 8,990 Structure of Agreement Recognizing that the completion of SR-125 has been delayed, and that it is important to stabilize the rate of residential development during the period prior to completion of that facility, City staff and the developers have been negotiating a set of agreements which would set forth a three- year schedule, beginning on April 1, 2003, for issuance of residential permits. Staff and developers have agreed to bring forward two options for distributing these permits: Year Option 1 Option 2 (April 1 to March 31) Units Permitted Units Permitted 4/1/03 - 3/31/04 2,475 2,450 4/1/04 - 3/31/05 2,375 2,350 4/1/05 - 3/31/06 1,780 1,830 Total 6,630 6,630 Option 1 allows the issuance of building pemaits for the number and during the time period indicated. With Option 2, the number of units in years 1 and 2 may be increased to account for market conditions by as much as 3%, to be deducted from the year 3 total. Total units in any year may not exceed 2,500 of this distribution under this option. While City staff believes either option is workable, we recommend Option 1 due to ease of administration. Agreements have been prepared for San Miguel Ranch, Salt Creek Ranch (aka Rolling Hills Ranch), Bella Lago, Otay Ranch Villages 6 and 11, and EastLake III, which provide an alternative traffic mitigation program. In regard to San Miguel Ranch, the proposed agreement would serve to implement the alternative traffic mitigation as allowed for in the San Miguel Ranch FSEIR 97-02 and implement a Monitoring Program, which would establish the annual and the total number of building permits that could be issued for all phases of development for the term of the agreement. In regard to Salt Creek Ranch (aka Rolling Hills Ranch), the proposed agreement would replace the building permit limitation established in tentative map condition No. 5 which limits (caps) the number of EDU's that could be constructed prior to SR-125 with the Monitoring Program, Page 5, Item /~ Meeting Date 04/15/03 which would fix the total number of building permits that could be issued for all phases of development for the term of the agreement, as an alternative measure. In regard to Bella Lago, Otay Ranch Villages 6 and Village 11, and EastLake III, an alternative traffic mitigation measure is being proposed, as it has been determined that the circulation system can provide additional vehicle capacity without the GMOC traffic threshold standards being exceeded and that additional capacity is being provided through anticipated improvements. This provides the basis for exceeding the 9,429 building permit limit prior to the opening of SR- 125. Enacting this proposal does not require the modification of any mitigation measures. Additional Considerations In addition to the basic provisions of the proposed agreements dealing with the distribution of dwelling units over the three-year period, there are several other provisions that should be highlighted: · Dwelling units within projects not subject to conditions requiring development monitoring (i.e., Otay Ranch Villages 1, 1 West, and 5; Sunbow; Eastlake Trails; San Miguel Ranch Phase I; and Rolling Hills Ranch Phases I and II) are not included in these agreements. There are 1,376 dwelling units within these projects as of April 1, 2003. · Low and moderate housing units that are authorized through existing or future Affordable Housing Agreements will be exempt (there are approximately 380 units in this category). · Model units will not be counted against the distribution until they are sold. · Unused capacity may be used in subsequent years. · Commercial, industrial and other non-residential development is not subject to this agreement. · If any of the identified capacity enhancement projects are not completed, per the date in the agreement, the corresponding number of permits shall be deducted from the last 12 months of the monitoring program. During this 36-month period the City will continue to monitor the rate of housing units being permitted and the traffic-monitoring program, which measures traffic speeds relative to GMOC thresholds. It should be emphasized that, regardless of the rate of growth the agreements allow, the City's growth management quality of life thresholds remain in force and supersede the monitoring agreement. In other words, if the City's biannual traffic monitoring program indicates that a traffic threshold has been exceeded, the City still has full authority to impose appropriate restrictions on development until the problem is remedied. Potential Results of Proposed Monitoring Program The proposed monitoring program will lead to growth stabilization so that there is the reasonable expectation that traffic capacity will be maintained until SR-125 is opened. The most recent available information regarding the status of the SR-125 project indicates that the entire project Page 6, Item /7 Meeting Date 04/15/03 is scheduled for completion by October 2006. In addition, staffhas learned that the first phase of the project, which would extend from SR-54 to Olympic Parkway, could be completed as early as November or December 2005. The three-year monitoring program serves to stabilize the rate of residential development, by placing an upper limit on permits, at 2,475 in year one, 2,375 in year 2, and 1,780 in year three. The total build-out of these units, combined with units to be constructed in projects not subject to the agreements, and units permitted in the first quarter of 2003 (967) are within the estimated traffic capacity shown in the previously discussed traffic study. It is anticipated that the traffic impacts of affordable housing units exempted under the agreements will be offset by the implementation of the Transportation Demand Management Program. The overall results of the proposed monitoring program are: · Stabilization of the rate of residential growth, eliminating the wide swings in annual growth rate experienced in recent years which have created difficulty in providing municipal services; and · More importantly, the last year's number of permits, 1780, which will be authorized from April 2005 until March 2006, will be the lowest number of permits issued since 1999, which will be approximately 7 years. Other Considerations Regarding San Miguel Ranch Project While the agreement on the monitoring of permits will resolve the numerical cap and the number of permits that can be issued for San Miguel Ranch, one other transportation issue remains. The project entitlements and Public Facilities Financing Plan assumed that the connection of Mt. Miguel Road to Proctor Valley Road would not occur until Phase III and be subsequent to the completion of SR# 125. The question was one of what the through traffic impact might be on Proctor Valley Road north and west through the County roadway system and BonitaJSunnyside pre SR#125. There have been a number of changes in conditions since the original traffic study results were completed. One of the significant changes has been the elimination of a development planned along the Proctor Valley Road Corridor, namely the Bonita Meadows Project. The Bonita Meadows land was acquired by CALTRANS for environmental mitigation purposes. There have also been other changes to traffic assumptions. These assumptions are currently being updated and analyzed. The conclusion of the study and possible options for connecting Mt. Miguel to Proctor Valley Road at an earlier date will be explored and may be brought back for possible modification. The circumstance of Mt. Miguel Road and Proctor Valley Road is entirely independent of the decision regarding the threshold number of permits that might be issued for the San Miguel Ranch Project and the monitoring agreement. Page 7, Item / '7 Meeting Date 04/15/03 FISCAL IMPACTS: Ail costs associated with preparation of traffic studies and implementation of traffic enhancement projects covered under these agreements are being paid for by thc developers. Attachments: 1. A. Eastern Territories Traffic Capacity Analysis Summary B. Eastern Territories Traffic Capacity Analysis 2. Addendum to Final Environmental Impact Report For Salt Creek Ranch (aka Rolling Hills Ranch) (EIR 89-03) and Final Subsequent Environmental Impact Report (EIR 91-03) and Mitigated Negative Declaration (IS-00-05) 3. Addendum to Subsequent Environmental Impact Report For The San Miguel Ranch SPA and TM (EIR 97-02) 4. Addendum to Final Second Tier Environmental Impact Report for the Otay Ranch General Development Plan (GDP) Amendments/Village Eleven Sectional Planning Area (SPA) Plan, Conceptual Tentative Map (EIR 01-02); Final Second Tier Environmental Impact Report for the Otay Ranch Village Six Sectional Planning Area (SPA) Plan (EIR-98-01); Final Subsequent Environmental Impact Report for the Eastlake III Woods and Vistas Planning Program (E1R-01-01); and Final Environmental Impact Report for the Bella Lago Precise Plan, Rezone, and Tentative Subdivision Map (EIR-02-05) H:L°LANNI~IG\Dani~Tr afl c Agenda Statement04-15 FINAL2.doc /7 -7 ATTACHMENT 1.A. Eastern Territories Traffic Capacity Analysis Summary 1. Introduction The city hired the firm of Linscott Law & Greenspan to analyze the traffic capacity of the Eastern Area circulation system with the completion of Olympic Parkway and the other traffic enhancement projects pre-SR-125. The objective of the studies was to estimate the number of new homes that could be built, assuming various improvements are constructed, before a growth management traffic threshold violation occurs on any particular roadway segment. The growth management standard is level of service "C" or better, as measured by average travel speeds on the arterials. The service level shall be maintained at all signalized arterial segments with an exception during peak hours where level of service "D" can occur for no more than two hours of the day. 2. Existing Conditions Average daily traffic volumes were obtained on East "H" Street, Telegraph Canyon Road and Olympic Parkway in November and December 2002 and February 2003. The weekday average volumes on East "H" Street were between 45,550 and 66,700 cars per day for various segments. On Telegraph Canyon Road, the volumes were between 44,600 and 60,950. Olympic Parkway had volumes ranging between 16,000 and 28,600 trips per day. All segments of all roadways operate within the parameters of the growth management threshold standards. 3. Methodology and Assumptions The basic methodology was to do traffic volume and speed surveys on the various roadway segment lengths in both the eastbound and westbound directions. Next, linear regression formulas were developed using historical traffic monitoring program speed and traffic volumes to forecast future travel speeds. A table was developed relating volume to level of service. The amount of hourly traffic that would trigger a degradation of service in excess of the acceptable traffic threshold was forecast. Finally, that amount of traffic was correlated to a dwelling unit amount in the eastern territories. The key assumptions of the study included the following: 1. A 10% increase in overall westbound Telegraph Canyon Road traffic was assumed in the future due to increases in non-residential traffic. 2. That 25% of future morning peak commuter traffic generated by new development would use Telegraph Canyon Road. 3. Future housing developments were assumed to generate a blended rate of single family and multi-family of 9.3 average daily trips per unit. 4. Of the future residential units, 8% of the traffic was assumed to occur during the AM peak hour and a 70/30 outbound/inbound split. 4. Conclusions With a starting date of January 1, 2003, it was predicted that 6,150 residential units could be constructed and occupied before the city's thresholds would be exceeded. This assumed no additional roadway improvements are constructed and with Olympic Parkway east of Brandywine Avenue to Wueste Road already completed. The analysis indicated that the first roadway segment to exceed two hours of level of service "D" during peak hour was Telegraph Canyon Road westbound in the AM peak period. If an additional lane was provided westbound at Telegraph Canyon Road and 1-805, approximately 1,350 additional units could be constructed. Further, an additional 600 units could be provided if an additional lane was provided on westbound East "H" Street and 1-805. This would result in a total additional dwelling unit amount of 8,050. In addition, Olympic 1-805/East Orange Avenue/Olympic Parkway Interchange will add an estimated additional 940. With existing capacity and completion of the above referenced projects there will be capacity to accommodate 8,990 additional housing units east of 1-805 beginning January 1, 2003, without exceeding the growth management traffic threshold. A copy of the "Eastern Territories Traffic Capacity Analysis" dated April 2003 is included as part of the Council Packet. H:\PLANNING\DanF~EXHIBIT B for 04-15 agenda statement, doc ATTACHMENT 2 ADDENDUM TO FINAL ENVIRONMENTAL IMPACT REPORT FOR SALT CREEK RANCH (aka ROLLING HILLS RANCH) 0gIR 89-03) AND ]FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT 0gIR 91-03) AND MITIGATED NEGATIVE DECLARATION (IS-00-05) PROJECT NAME: Substitution of a Traffic Impact Mitigation Measure in Mitigated Negative Declaration IS-00-05 for the Salt Creek Ranch (aka Rolling Hills Ranch) EIR 91-03 and adoption of an agreement to monitor building permits in Eastern Chula Vista PROJECT LOCATION: The Rolling Hills Ranch site is located east of the future SR-125 and north of the existing Eastlake Business Center. The primary access to the site is East H Street. PROJECT APPLICANT: City Initiated CASE NO: Case Number IS-03-014 DATE: April 11, 2003 I. BACKGROUND On March 24, 1992, City Council approved Resolution 16555 approving the development of the 2662 unit Rolling Hills Ranch (now known as Salt Creek Ranch) project and certifying the Final Environmental Impact Report for the Rolling Hills Ranch SPA Plan (EIR 91-03). On June 13, 2000, City Council approved Resolution No. 2000-190 increasing the development cap for Salt Creek Ranch from 1,137 EDUs to 1,665's and adopting Mitigated Negative Declaration (MND) (IS-00-05). The proposed agreement would replace the building permit limitation established in tentative map condition No. 5 which limits (caps) the number of EDUs that could be constructed prior to SR-125 with the Monitoring Program, which would fix the total number of building pemaits that could be issued for all phases of development for the term of the agreement, as an alternative measure. The number of permits to be issued would be subject to the completion of certain roadway improvements identified in the City Traffic Enhancement Program. The proposed project is a development phasing shit1 whereby more dwelling urdts could be constructed prior to the construction of SR-125 provided that sufficient capacity remains on East H Street without compromising the City's Growth Management Oversight Committee (GMOC) thresholds for traffic performance. The agreement will not result in an increase in units/density for any project. For the last two years, City staff and the development community have been pursuing a comprehensive traffic enhancement program to anticipate and mitigate any future traffic threshold problems prior to the construction of SR-125. The following identifies the various components of the program: /'7-/0 1 04/11/03 Traffic Enhancement Pro~ram Olympic Parkway With the exception of the interchange improvements at Olympic Parkway and 1-805, all phases of the roadway were open to the public a year sooner than initially scheduled, that is by the end of 2002. The timeline for the 1-805 Interchange will lag somewhat with intersection improvements anticipated to be completed by October 1, 2005. The following traffic enhancement projects have been approved and are in construction or ready to begin construction or are being studied to provide additional capacity on these Cimulation Element roads: · East H Street north side widening - construction has begun with completion scheduled for July 2003 (however, improvements shall be completed no later than April 1, 2004). · Telegraph Canyon Road north side widening - construction is scheduled for June to December 2003 (however, improvements shall be completed no later than April 1, 2004). · East H Street south side widening project completed in February 2003. · Southerly extension of Heritage Road from Telegraph Canyon Road to Main Street - studies underway. · Mount Miguel Road westerly extension to Proctor Valley Road - studies underway. Interim SR-125 surface roadway - studies commenced. However, design and environmental analyses are temporarily on hold pending the outcome of the toll-road financing currently estimated to be in place by May 15, 2003. Transportation Demand Management Measures Transportation Demand Management (TDM) refers to a program that changes travel behavior so that traffic congestion during the peak demand period is reduced. Measures include travel by means other than in a single occupancy vehicle (such as walking, biking, joining a car or vanpool or use of some form of mass transit), altering the time of travel to other than peak periods (such as flexible start/end work periods and altering school schedules that may coincide with peak travel demand), and telecommuting (working at home) either during the peak period or for one or more full days a week and enhanced transit capabilities. The City is pursuing financing and management mechanisms to implement such measures. Long Range Transit Plan The City has made significant progress in moving forward on preparation of a long-range transit plan for Chula Vista and the South Bay, in cooperation with Metropolitan Transit Development Board (MTDB). Work on the project was initiated in early January, and the overall time frame for completion of the plan is 12 to 15 months. l'7-11 2 04/11/03 Traffic Capaci .ty Study The City contracted with Linscott, Law and Greenspan (LLG) Traffic Engineers to study the effects of the comprehensive traffic enhancement program on two east-west Cimulation Element roads in the eastern Chula Vista region, namely East H Street and Telegraph Canyon Road. These two streets have experienced increasing traffic volume with continuing development of the eastern territories. The purpose of the study was to determine: 1) if there would be additional traffic capacity on these two streets with implementation of the comprehensive traffic enhancement program, and 2) if so, what increase in development could be accommodated prior to the construction of SR-125 without compromising the City's GMOC thresholds for traffic performance. A smmnary of the results of the study is provided in the Section IV below. II. THE PROPOSED PROJECT The traffic monitoring program established in the monitoring agreement is a comprehensive program for eastern Chula Vista (development east of 1-805). The agreements set forth a three- year schedule for issuance of residential permits. Each of the developments covered by the agreements (EastLake III, Otay Ranch Village 6 and 11, San Miguel Ranch, Bella Lago, and Salt Creek Ranch/Rolling Hills Ranch) will be limited to a specific number of permits each year. In addition, a total of 1,376 units for projects not covered by the agreements could be issued at any time during the 36 month life of the agreements. The total number of residential building permits that would be issued for eastern Chula Vista during the 36 months would not exceed 8,006, excluding those exempted in the agreement, such as low-income housing and model units. The following is the allocation for each project covered by the agreement per year: Exhibit B Developer ' The EastLake Company Brookfield Shea Otay LLC McMillin Otay Ranch LLC Otay Project LP McMillin Rolling Hills Ranch LLC NNP-Trimark San Miguel Ranch LLC Bella Lago 4/01/03 4/01/04 to 4/01/05 to Project to 3/31/05 3/31/06 3/31/04 EastLake III 620 834 507 Village 11 378 568 492 Village 6 278 307 109 Village 6 1008 299 35 Rolling Hills Ranch 120 153 330 San Miguel Ranch 71 154 227 Bella Lago 0 60 80 2475 2375 1780 663O The total number of units allocated for each year will not result in an increase in units for any project. During the 36-month period the City will continue to monitor the rate of housing units being permitted and the traffic monitoring program which measures traffic speeds relative to the City's Growth Management thresholds. Regardless of the rate of growth the agreement allows, the City's growth management quality of life thresholds remain in force and supercede the monitoring agreement. The agreement for monitoring building permits would replace the existing project-specific building permit limitation mitigation from MND/IS 00-05, which states: Building permits shall be granted beyond 1,467 EDUs to a maximum of 1,665 EDUs with the completion of at least one of the following improvements: 3 04/11/03 a. Complete the extension of Olympic Parkway to East Palomar Street; or b. Widen East "H" Street to provide an additional westbound thru lane at the East "H" Street/Hidden Vista Drive intersection with a Monitoring Program, which would establish the annual and the total number of building permits that could be issued for all phases of development for the term of the agreement. The number of permits to be issued would be subject to the completion of certain roadway improvements identified in the City Traffic Enhancement Program. The proposed project would not change the density or intensity of development for Salt Creek Ranch. No additional development potential would be allowed by this request. In essence, the proposed project is a development phasing shift whereby more dwelling units could he constructed prior to the construction of SR-125 provided that sufficient capacity remains on East H Street without compromising the City's GMOC thresholds for traffic performance. However, the change in phasing will not result in additional units for the project, the buildout development potential would remain the same as the original project that was approved in 1992. III. CEQA REQUIREMENTS CEQA Guidelines Section 15164 establishes conditions under which an addendum to a certified EIR or adopted negative declaration shall be prepared: The lead agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent E1R have occurred. B. An addendum to an adopted negative declaration may be prepared if only minor technical changes or additions are necessary. C. An addendum need not be circulated for public review but can be included in or attached to the final EIR or adopted negative declaration. D. The decision-making body shall consider the addendum with the final EIR or adopted negative declaration prior to making a decision on the project. A brief explanation of the decision not to prepare a subsequent EIR pursuant to Section 15162 should be included in an addendum to an EIR, the lead agency's required findings on the project, or elsewhere in the record. The explanation must be supported by substantial evidence. The California Environmental Quality Act (CEQA) Guidelines (Section 15162) establishes the conditions under which a subsequent EIR shall be prepared. A. When an SEIR has been prepared for a project, no subsequent SEIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in light of the whole record, one or more of the following: 4 04/11/03 Substantial changes are proposed in the project which will require major revisions of the SEIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions to the SEIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or New information of substantial importance which was not known and could not have been known with the exercise of reasonable diligence at the time the SEIR was prepared. B. If changes to a project or its circumstances occur or new information becomes available after preparation of an SEIR, the lead agency shall prepare a subsequent EIR if required under subsection A. Otherwise the lead agency shall determine whether to prepare a subsequent Negative Declaration, an addendum or no further documentation (Guidelines § 15162). This addendum has been prepared pursuant to the requirements of Section 15164 of the State CEQA Guidelines. Based on the analysis herein, the proposed building permit limitation would not result in substantial changes or new significant environmental effects or a substantial increase in the severity of previously identified significant effects that would require major revisions to MND/IS-00-05 or EIR 91-03 the reasons discussed in the following sections. Further, no new information of substantial importance has been identified which was not known and could not have been known at the time MND/IS-00-05 or EIR 91-03 were prepared. Therefore, in accordance with Section 15164 of the State CEQA Guidelines, the City has prepared this addendum to MND/IS-00-05 and EIR 91-03. IV. ANALYSIS EIR 91-03 addressed the direct (short-term and long-term) and cumulative impacts ofbuildout of the Salt Creek Ranch SPA Plan. The proposed project would not increase the development intensity or density as analyzed in EIR 91-03. As such, the proposed project would not change the analysis or conclusions of EIR 91-03 as it pertains to the buildout or cumulative condition. Implementation of the building permit monitoring program could result in the construction of more dwelling units than the 1,665 EDUs addressed in IS-00-05 prior to the construction of SR- 125. The proposed project represents a change in development phasing only and therefore would not affect the development footprint shown on the approved TM and as analyzed in EIR 91-03. As such, the proposed project would not change the analysis or conclusions of EIR 91-03 for the issues of land use, geology, hydrology, water quality, biological resources, landform and aesthetics and cultural resources. All of these issues were adequately addressed in EIR 97-02 and are hereby incorporated by reference. The proposed project would not result in an increase in development potential (additional units) above what was analyzed in EIR 91-03. The environmental issues related to population demand 5 04/11/03 including public services and utilities would not be affected by the proposed project. All of these issues were adequately addressed in EIR 91-03 and are hereby incorporated by reference. The building permit monitoring program applies to more than Salt Creek Ranch (five other projects) and sets a maximum number of permits that could be issued each year cumulatively for all of the projects. The monitoring program is based upon additional capacity in the overall circulation network as a result of both completed projects and future traffic enhancement projects. The building permit monitoring program will ensuring that the rate of growth is stabilized within eastern Chula Vista and will not cumulatively exceed the circulation system's capacity or result in threshold violations. The trips that would result from the change in phasing would not represent new trips, beyond what was analyzed in E1R 91-03 but rather trips that would otherwise not be on the cimulation network until after SR-125. Thus, there would be an interim change in traffic volumes and corresponding interim change in air quality and noise. Since East H Street is the primary Circulation Element road that provides access to/from Salt Creek Ranch, the following provides a detailed discussion of the interim traffic, air quality and noise condition on East H Street as a result of the proposed project: Traffic LLG prepared a traffic forecast (Eastern Territories Traffic Capacity Analysis, dated April, 10, 2003) that reevaluated the current capacity on the eastern Chula Vista street system as a result of the opening of Olympic Parkway and other completed street improvements and estimated the future capacity available due to on-going and planned traffic enhancements. The study addressed East "H" Street and Telegraph Canyon Road as it is forecast these two roadways will be the first to have their Level of Service (LOS) exceed the City's Growth Management Thresholds. Using January 1, 2003 as the base point, the study revealed that, as a result of the opening of Olympic Parkway there is additional existing capacity on East "H" Street and Telegraph Canyon Road. In other words, under existing conditions, these roadways operate at acceptable levels of service and have residual capacity before the thresholds are exceeded. The future roadway capacity, assuming the completion of various traffic enhancements projects, was then estimated for these two roadways, and each of the arterials (Telegraph Canyon Road and East "H" Street) was evaluated to determine which roadway and direction of travel would be the "constraint" on the street system (the first arterial to have its capacity exceeded). The study concluded that westbound Telegraph Canyon Road is the most constrained arterial. The remaining capacity on the constrained segment of Telegraph Canyon road in the westbound direction was used to determine the number of new dwelling units that could be added before the City's thresholds would be exceeded. The estimated future capacity increases due to the on- going and planned traffic enhancements are indicated below: · The existing capacity of the eastern Chula Vista street system - 6,150 housing units. · Improvements on Telegraph Canyon Road - 1300 (to be completed no later than 4/1/04) · Improvements on East "H" Street - 600 (to be completed no later than 4/1/04) · Olympic Parkway/I-805 Interchange - 940 (to be completed no later 10/1/05) 6 04/11/03 Thus, the total capacity, both existing and future due to enhancements is 8,990. Based upon existing'capacity estimates, and capacity to be created through other road improvements that will provide additional necessary capacity, the City Engineer is satisfied that there is, or will be, additional capacity in the circulation system in eastern Chula Vista before exceeding the City's thresholds. The proposed Agreement represents an alternative measure to monitor and stabilize growth over the next 36 months. As result of the traffic analysis a total of 6,630 future units will be subject to this agreement. Noise As with traffic, long term noise effects were evaluated in EIR 91-03. Noise impacts occur as a result of increase in traffic volume, increased speed, changes in roadway grade and changes in distance between roadway and receivers. The proposed project does not affect changes in grade and distance between roadway and receivers. While the proposed action will result in the short- term, temporary increase in traffic volumes on area roads, it will have no effect on ultimate, long-term traffic volumes. Therefore, this analysis focuses on the extent to which the proposed project would cause an increase in the noise levels that have been predicted as part of the Eastem Territories developments and future circulation systems. Increases in noise levels can occur because of increased traffic volumes and speeds; more cars will generate more noise and the faster the cars are traveling the higher the noise levels. In the short term, the proposed project will result in increased traffic volumes and consequently potentially lower travel speeds. A comparison of the short-term traffic volumes on East H Street, Telegraph Canyon Road and Olympic Parkway estimated in the LLG traffic study to the capacity of the same road segments reveals that the estimated noise increase due to the estimated short term increase in traffic volume would not exceed 1.4 dBA (RECON 2003). Noise levels of less than 3 decibels are typically considered unnoticeable by the average receiver in the outdoor environment. Being below 1.4 decibels, and in most cases below 1 decibel, the noise levels projected for the short term effects of the proposed action are not significant. Air Quali~. The proposed project will not result in construction of residential units beyond those currently approved within the Eastern Territories. Because the proposed project will not alter the total units count planned and approved for the Eastern Territories, the proposed project is assumed to conform with the growth assumptions in the State Implementation Plan and applicable regional plans, which in the San Diego Basin is the San Diego Regional Air Quality Strategy (RAQS). As such, potential long-term air quality impacts have already been addressed in the certified environmental documents for the General Development Plans within the Eastern Territories. The proposed action would result in short-term temporary traffic volume increases on area roads. As discussed in the traffic report prepared for the project, the additional number of residential units that my be constructed under the proposed action would be limited to ensure that fraffic 7 17-16 04/11/03 operations remain at acceptable LOS. As such, no localized air quality hot spots are anticipated. Consequently, the air quality impacts associated with the short-term effects of the proposed project are not significant (RECON 2003). V. CONCLUSION Short- and long-term and cumulative environmental impacts were adequately addressed by EIR 91-03. The proposal would not create new significant short- or long-term environmental effects or intensify the environmental effects identified in EIR 91-03. The proposed change to the phasing of residential development would not create new cumulative effects or intensify the cumulative effects identified in the EIR 91-03 or MND IS-00~05. The overall project intensity is not changing and additional units beyond what was analyzed in EIR 91-03 are not being added. Pursuant to Section 15164 of the State CEQA Guidelines, and based upon the above discussion, I hereby find that the project revisions to the proposed project will result in only minor technical changes or additions which are necessary to make the EIR 91-03 and MND IS-00-05 adequate under CEQA for this project. Marilyn R. F. Ponseggi Environmental Review Coordinator References: City of Chula Vista Environmental Review Procedures Subsequent Environmental Impact Report for the Salt Creek Ranch SPA and TM (EIR 91-03) MND IS-00-05 (IS-02-013) 8 04/11/03 ATTACHMENT 3 ADDENDUM TO SUBSEQUENT ENVIRONMENTAL IMPACT REPORT FOR THE SAN MIGUEL RANCH SPA AND TM 0gIR 9%02) PROJECT NAME: Adoption of an agreement to monitor building permits in Eastern Chula Vista and implementation of an alternative traffic mitigation measure as allowed for in the San Miguel Ranch Subsequent Environmental Impact Report (EIR 97-02). PROJECT LOCATION: The San Miguel Ranch site is located east and north of Proctor Valley Road, south of Sweetwater Reservoir and Mother Miguel Mountain, and west of the existing Rolling Hills Ranch area. Project involves the primary access to the site is East H Street. PROJECT APPLICANT: City of Chula Vista CASE NO: Case Number IS-03-019 DATE: April 11, 2003 I. BACKGROUND On October 19, 1999 the City Council considered and appro, ved the Sectional Planning Area (SPA) Plan and associated regulatory documents, including a Subsequent Environmental Impact Report (FSEIR 9%02) for the 1,394~unit development known as San Miguel Ranch. On February 29, 2000 the City Council approved the Tentative Map for San Miguel Ranch (TM 99- 04) authorizing the development of 1,394 dwelling units, 14 acres of commercial site and support land uses. The San Miguel Ranch Master Plan Community is subject to a project-specific development cap, limiting construction to a specific number of Equivalent Dwelling Units (EDUs) prior to the availability of certain traffic facilities. Tentative Map Condition #5 established a building cap of 675 EDU that was increased to a maximum of 892 EDUs until SR- 125 freeway is completed and open for public [First Addendum to MND IS-00-05 (IS-02-013)]. The San Miguel Ranch FSEIR traffic analysis assumed that the entire section of SR-125 South tollway would be completed by the Project Buildout Timeframe (2010); however due to the uncertainty of the opening date of SR-125, the FSEIR analyzed scenarios both with and without SR-125 during the 2005 timeframe. The traffic analysis in the FSEIR concluded that there would be significant cumulative impacts [unacceptable Level of Service (LOS)] to four freeway segments, nine road segments and three intersections in the year 2005 without SR-125. Mitigation for this impact was not required because all roadways and intersections were anticipated to resume acceptable levels of service after opening of SR-125 tollway. The FSEIR specifically requires, however, that in the event SR-125 tollway is not constructed prior to Year 2005, "a contingency plan must be developed to address the need for an interim north-south facility in eastern Chula Vista or possible development constraints." Implementation of this 1 04/11/03 altemative traffic mitigation measure is required since it is not anticipated that the SR-125 tollway will be fully constructed prior to 2005. For the last two years, City staff and the development community have been pursuing a comprehensive traffic enhancement program to anticipate and mitigate any future traffic threshold problems prior to the construction of SR-125. The following identifies the various components of the program: Traffic Enhancement Program Olympic Parkway With the exception of the interchange improvements at Olympic Parkway and 1-805, all phases of the roadway were open to the public a year sooner than initially scheduled, that is by the end of 2002. The timeline for the 1-805 Interchange will lag somewhat with intersection improvements anticipated to be completed by October 1, 2005. The following traffic enhancement projects have been approved and are in construction or ready to begin construction or are being studied to provide additional capacity on these Circulation Element roads: · East H Street north side widening - construction has begun with completion scheduled for July 2003 (however, improvements shall be completed no later than April 1, 2004). · Telegraph Canyon Road north side widening - construction is scheduled for June to December 2003 (however, improvements shall be completed no later than April 1,2004). · East H Street south side widening - project completed in February 2003. · Southerly extension of Heritage Road from Telegraph Canyon Road to Main Street - studies underway. · Mount Miguel Road westerly extension to Proctor Valley Road - studies underway. Interim SR-125 surface roadway - studies commenced. However, design and environmental analyses are temporarily on hold pending the outcome of the toll-road financing currently estimated to be in place by May 15, 2003. Transportation Demand Management Measures Transportation Demand Management (TDM) refers to a program that changes travel behavior so that traffic congestion during the peak demand period is reduced. Measures include travel by means other than in a single occupancy vehicle (such as walking, biking, joining a car or vanpool or use of some form of mass transit), altering the time of travel to other than peak periods (such as flexible start/end work periods and altering school schedules that may coincide with peak travel demand), and telecommuting (working at home) either during the peak period or for one or 2 04/11/03 more full days a week and enhanced transit capabilities. The City is pursuing financing and management mechanisms to implement such measures. Long Range Transit Plan The City has made significant progress in moving forward on preparation of a long-range transit plan for Chula Vista and the South Bay, in cooperation with Metropolitan Transit Development Board (MTDB). Work on the project was initiated in early January, and the overall time flame for completion of the plan is 12 to 15 months. Traffic Capacity Study The City contracted with Linscott, Law and Greenspan (LLG) Traffic Engineers to study the effects of the comprehensive traffic enhancement program on two east-west Circulation Element roads in the eastern Chula Vista region, namely East H Street and Telegraph Canyon Road. These two streets have experienced increasing traffic volume with continuing development of the eastern territories. The purpose of the study was to determine: 1) if there would be additional traffic capacity on these two streets with implementation of the comprehensive traffic enhancement program, and 2) if so, what increase in development could be accommodated prior to the construction of SR-125 without compromising the City's Growth Management Oversight Committee's (GMOC) thresholds for traffic performance. A summary of the results of the study is provided in the Section IV below. II. THE PROPOSED PROJECT The traffic monitoring program established in the agreement is a comprehensive program for eastern Chula Vista (development east of 1-805). The agreements set forth a three-year schedule for issuance of residential permits. Each of the developments covered by the agreements (EastLake III, Otay Ranch Village 6 and 11, San Miguel Ranch, Bella Lago, and Salt Creek Ranch/Rolling Hills Ranch) will be limited to a specific number of permits each year. In addition, a total of 1,376 units for projects not covered by the agreements could be issued at any time during the 36 month life of the agreements. The total number of residential building permits that would be issued for eastern Chula Vista during the 36 months would not exceed 8,006, excluding those exempted in the agreement, such as Iow-income housing and model units. The following is the allocation for each project covered by the agreement per year: Exhibit B Developer The EastLake Company Brookfield Shea Otay LLC McMillin Otay Ranch LLC Otay Project LP McMillin Rolling Hills Ranch LLC NNP-Trimark San Miguel Ranch LLC Bella Lago 4/01/03 to 4/01/04 to 4/01/05 to Project 3/31/04 3/31/05 3/31/06 EastLake III 620 834 507 Village 11 378 568 492 Village 6 278 307 109 Village 6 1008 299 35 Rolling Hills Ranch 120 153 330 San Miguet Ranch 71 154 227 Bella Lago 0 60 80 2475 2375 1780 6630 3 /7 04/11/03 The total mlmber of units allocated for each year will not result in an increase in units for any project. During the 36-month period the City will continue to monitor the rate of housing units being permitted and the traffic monitoring program, which measures traffic speeds relative to the City's Growth Management thresholds. Regardless of the rate of growth the agreement allows, the City's growth management quality of life thresholds remain in force and supercede the monitoring agreement. The agreement for monitoring building permits would serve to implement the alternative traffic mitigation as allowed for in the San Miguel Ranch FSEIR and implement a Monitoring Program, which would establish the annual and the total number of bnilding permits that could be issued for all phases of development for the term of the agreement. The number of permits to be issued would be subject to the completion of certain roadway improvements identified in the City Traffic Enhancement Program. The proposed project would not change the density or intensity of development for San Miguel Ranch. No additional development potential would be allowed by this request. In essence, the proposed project is a development phasing shift whereby more dwelling units could be constructed prior to the construction of SR-125 provided that sufficient capacity remains on East H Street without compromising the City's GMOC thresholds for traffic performance. However, the change in phasing will not result in additional units for the project, the buildout development potential would remain the same as approved in 1999. III. CEQA REQUIREMENTS CEQA Guidelines Section 15164 establishes conditions under which an addendum to a certified EIR or adopted negative declaration shall be prepared: The lead agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred. B. An addendum to an adopted negative declaration may be prepared if only minor technical changes or additions are necessary. C. An addendum need not be circulated for public review but can be included in or attached to the final EIR or adopted negative declaration. D. The decision-making body shall consider the addendum with the final E1R or adopted negative declaration prior to making a decision on the project. A brief explanation of the decision not to prepare a subsequent EIR pursuant to Section 15162 should be included in an addendum to an EIR, the lead agency's required findings on the project, or elsewhere in the record. The explanation must be supported by substantial evidence. 4 17-2/ 04/11/03 The California Environmental Quality Act (CEQA) Guidelines (Section 15162) establishes the conditions under which a subsequent EIR ~hall be prepared. A. When an SEIR has been prepared for a project, no subsequent SEIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in light of the whole record, one or more of the following: Substantial changes are proposed in the project which will require major revisions of the SE1R due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions to the SEll?, due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or New information of substantial importance which was not known and could not have been known with the exercise of reasonable diligence at the time the SEIR was prepared. B. If changes to a project or its circumstances occur or new information becomes available after preparation of an SEIR, the lead agency shall prepare a subsequent EIR if required under subsection A. Otherwise the lead agency shall determine whether to prepare a subsequent Negative Declaration, an addendum or no further documentation (Guidelines § 15162). This addendum has been prepared pursuant to the requirements of Section 15164 of the State CEQA Guidelines. Based on the analysis herein, the proposed building permit limitation would not result in substantial changes or new significant environmental effects or a substantial increase in the severity of previously identified significant effects that would require major revisions to the FSEIR 97-02. Further, no new information of substantial importance has been identified which was not known and could not have been known at the time the FSEIR 97-02 were prepared. Therefore, in accordance with Section 15164 of the State CEQA Guidelines, the City has prepared this addendum to FSEIR 97-02. IV. ANALYSIS FSEIR 97-02 addressed the direct (short-term and long-term) and cumulative impacts ofbuildout of the San Miguel Ranch SPA Plan. The proposed project would not increase the development intensity or density as analyzed in FSEIR 97-02. As such, the proposed project would not change the analysis or conclusions of FSEIR 97-02 as it pertains to the buildout or cumulative conditions. The proposed project represents a change in development phasing and therefore would not affect the development footprint shown on the approved TM and as analyzed in FSEIR 97-02. As 5 04/11/03 such, the proposed project would not change the analysis or conclusions of FSEIR 97-02 for the issues of land use, landform/visual quality, biological resources, cultural and paleontological resources. All of these issues were adequately addressed in FSEIR 97-02 and are hereby incorporated by reference. The proposed project would not result in an increase in development potential above what was analyzed in FSEIR 97-02. The enviromnental issues related to population demand including public services and utilities and recreation would not be affected by the proposed project. These issues were adequately addressed in FSEIR 97-02 and are hereby incorporated by reference. The building permit monitoring program applies to more than San Miguel Ranch (five other projects) and sets a maximum number of permits that could be issued each year cumulatively for all of the projects. The monitoring program is based upon additional capacity in the overall circulation network as a result of both completed projects and future traffic enhancement projects. The building permit monitoring program will ensuring that the rate of growth is stabilized within eastern Chula Vista and will not cumulatively exceed the circulation system's capacity or result in threshold violations. The trips tbat would result from the change in phasing would not represent new trips, beyond what was analyzed in FSEIR 97-02 but rather trips that would otherwise not be on the circulation network until after SR-125. Thus, there would be an interim change in traffic volumes and corresponding interim change in air quality and noise. Since East H Street is the primary Circulation Element road that provides access to/from San Miguel Ranch, the following provides a detailed discussion of the interim traffic, air quality and noise condition on East H Street as a result of the proposed project: Traffic LLG prepared a traffic forecast (Eastern Territories Traffic Capacity Analysis, dated April, 10, 2003) that reevaluated the current capacity on the eastern Chula Vista street system as a result of the opening of Olympic Parkway and other completed street improvements and estimated the future capacity available due to on-going and planned traffic enhancements. The study addressed East "H" Street and Telegraph Canyon Road as it is forecast these two roadways will be the first to have their Level of Service (LOS) exceed the City's Growth Management Thresholds. Using January 1, 2003 as the base point, the study revealed that, as a result of the opening of Olympic Parkway there is additional existing capacity on East "H" Street and Telegraph Canyon Road. In other words, under existing conditions, these roadways operate at acceptable levels of service and have residual capacity before the thresholds are exceeded. The future roadway capacity, assuming the completion of various traffic enhancements projects, was then estimated for these two roadways, and each of the arterials (Telegraph Canyon Road and East "H" Street) was evaluated to determine which roadway and direction of travel would be the "constraint" on the street system (the first arterial to have its capacity exceeded). The study concluded that westbound Telegraph Canyon Road is the most constrained arterial. The 6 04/11/03 remaining capacity on the constrained segment of Telegraph Canyon road in the westbound direction was used to determine the number of new dwelling units that could be added before the City's thresholds would be exceeded. The estimated future capacity increases due to the on- going and planned traffic enhancements are indicated below: · The existing capacity of the eastern Chula Vista street system - 6,150 housing units. · Improvements on Telegraph Canyon Road - 1300 (to be completed no later than 4/1/04) · Improvements on East "H" Street - 600 (to be completed no later than 4/1/04) · Olympic Parkway/I-805 Interchange - 940 (to be completed no later 10/1/05) Thus, the total capacity, both existing and future due to enhancements is 8,990. Based upon existing capacity estimates, and capacity to be created through other road improvements that will provide additional necessary capacity, the City Engineer is satisfied that there is, or will be, additional capacity in the circulation system in eastern Chula Vista before exceeding the City's thresholds. The proposed Agreement represents an alternative measure to monitor and stabilize growth over the next 36 months. As result of the traffic analysis a total of 6,630 future units will be subject to this agreement. Noise As with traffic, long term noise effects were evaluated in FSEIR 97-02. Noise impacts occur as a result of increase in traffic volume, increased speed, changes in roadway grade and changes in distance between roadway and receivers. The proposed project does not affect changes in grade and distance between roadway and receivers. While the proposed action will result in the short~ term, temporary increase in traffic volumes on area roads, it will have no effect on ultimate, long-term traffic volumes. Therefore, this analysis focuses on the extent to which the proposed project would cause an increase in the noise levels that have been predicted as part of the Eastem Territories developments and future circulation systems. Increases in noise levels can occur because of increased traffic volumes and speeds; more cars will generate more noise and the faster the cars are traveling the higher the noise levels. In the short term, the proposed project will result in increased traffic volumes and consequently potentially lower travel speeds. A comparison of the short-term traffic volumes on East H Street, Telegraph Canyon Road and Olympic Parkway estimated in the LLG traffic study to the capacity of the same road segments reveals that the estimated noise increase due to the estimated short term increase in traffic volume would not exceed 1.4 dBA (RECON 2003). Noise levels of less than 3 decibels are typically considered unnoticeable by the average receiver in the outdoor environment. Being below 1.4 decibels, and in most cases below 1 decibel, the noise levels projected for the short term effects of the proposed action are not significant. Air Quali .ty The proposed project will not result in construction of residential units beyond those currently approved within the Eastern Territories. Because the proposed project will not alter the total 7 04/11/03 units count planned and approved for the Eastern Territories, the proposed project is assumed to conform with the growth assumptions in the State Implementation Plan and applicable regional plans, which in the San Diego Basin is the San Diego Regional Air Quality Strategy (RAQS). As such, potential long-term air quality impacts have already been addressed in the certified environmental documents for the General Development Plans within the Eastern Territories. The proposed action would result in short-term temporary traffic volume increases on area roads. As discussed in the traffic report prepared for the project, the additional number of residential units that my be constructed under the proposed action would be limited to ensure that traffic operations remain at acceptable LOS. As such, no localized air quality hot spots are anticipated. Consequently, the air quality impacts associated with the short-term effects of the proposed project are not significant (RECON 2003). V. CONCLUSION Short- and long-term and cumulative environmental impacts were adequately addressed by FSEIR 97-02. The proposal would not create new significant short- or long-term environmental effects or intensify the environmental effects identified in FSEIR 97-02. The proposed change to the phasing of residential development would not create new cumulative effects or intensify the cumulative effects identified in FSE1R 97-02. The overall project intensity is not changing and additional units beyond what was analyzed in FSEIR 97-02 are not being added. Pursuant to Section 15164 of the State CEQA Guidelines, and based upon the above discussion, I hereby find that the project revisions to the proposed project will result in only minor technical changes or additions which are necessary to make FSEIR 97-02 adequate under CEQA for this project. Marilyn R. F. Ponseggi Environmental Review Coordinator References: City of Chula Vista Environmental Review Procedures Subsequent Environmental Impact Report for the San Miguel Ranch SPA and TM (FSEIR 97-02) 8 04/11/03 ATTACHAMENT 4 ADDENDUM TO FINAL SECOND TIER ENVIRONMENTAL IMPACT REPORT FOR THE OTAY RANCH GENERAL DEVELOPMENT PLAN (GDP) AMENDMENTSNILLAGE ELEVEN SECTIONAL PLANNING AREA (SPA) PLAN, CONCEPTUAL TENTATIVE MAP (EIR 01-02); FINAL SECOND TIER ENVIRONMENTAL IMPACT REPORT FOR THE OTAY RANCH VILLAGE SIX SECTIONAL PLANNING AREA (SPA) PLAN (EIR-98-01); FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT FOR THE EASTLAKE III WOODS AND VISTAS PLANNING PROGRAM (EIR-01-01); AND FINAL ENVIRONMENTAL IMPACT REPORT FOR THE BELLA LAGO PRECISE PLAN, REZONE, AND TENTATIVE SUBDIVISION MAP (EIR-02-05). PROJECT NAME: Adoption of an agreement to monitor building permits in Eastem Chula Vista and implementation of an alternative traffic mitigation measure as allowed for in each of the following EIRs: · Final Second Tier Environmental Impact Report for the Otay Ranch General Development Plan (GDP) Amendments/Village Eleven Sectional Planning Area(SPA) Plan, Conceptual Tentative Map(EIR-01-02). · Final Second Tier Environmental Impact Report for the Otay Ranch Village Six Sectional Planning Area Plan (EIR 98-01). · Final Subsequent Environmental Impact Report for the Eastlake III Woods and Vistas Planning Program (EIR 01-01). · Final Environmental Impact Report (EIR 02-05) for the Bella Lago Precise Plan, Rezone, and Tentative Subdivision Map. PROJECT LOCATIONS: Otay Ranch Village Eleven is located at the eastern edge of the Otay Valley Parcel, between the future extension alignment of Hunte Parkway on the east, Olympic Parkway on the north and Eastlake Parkway on the west. Otay Ranch Village Six is bound by the proposed alignment of SR- 125 on the east, Olympic Parkway and Otay Lakes Road on the north, La Media Road on the west and Birch Road on the south. The EastLake III (Woods & Vistas) site is located east of EastLake Business Center II and Salt Creek open space corridor, between Proctor Valley Road and the Olympic Training Center, within the EastLake Planned Community. 04/11/03 /7-ga The Bella Lago site is located at the northeastem most reach of the Eastern Territories Planning Area of the City of Chula Vista. It is located immediately to the northeast of Rolling Hills Ranch, southeast of San Miguel Mountain and northwest of the upper Otay Reservoir. PROJECT APPLICANTS: City Initiated CASE NO: Case Number IS-03-32 DATE: April 11, 2003 I. BACKGROUND On October 23, 2001, the City Council certified the Final Second Tier Environmental Impact Report for the Otay Ranch General Development Plan (GDP) Amendments/Village Eleven Sectional Planning Area (SPA) Plan, Conceptual Tentative Map (EIR 01-02). The Otay Ranch Village Eleven SPA Plan and Conceptual TM proposed development of approximately 2,300 residential units, as well as a Village Core area containing commercial, public and community purpose facilities, schools, parks and open space uses. On January 22, 2002, the City Council considered and approved the Sectional Planning Area (SPA) Plan and associated regulatory documents, including a Final Second Tier Environmental Impact Report (EIR 98-01) for the 2,086-unit development known as Otay Ranch Village Six. On February 26, 2002 the City Council approved the Tentative Map (PCS-02-03) for McMillin Portion of Otay Ranch Village Six authorizing the development of 694 dwelling units. On March 26, 2002 the City Council approved the Tentative Map (PCS-02-05) for the Otay Ranch Company portion of Village 6, authorizing the development of 1,392 dwelling units. Both Tentative Maps for Village Six called for non-residential uses including community purpose facilities, schools, a public park, commercial uses, open space, and circulation rights-of-way. On July 17, 2002, the City Council considered and approved the Sectional Planning Area (SPA) Plan and associated regulatory documents, including a Subsequent Environmental Impact Report for the EastLake III Woods and Vistas Replanning Program (EIR 01-01). On August 14, 2001, the City Council approved the Tentative Map for EastLake III Woods and Vistas authorizing the development of 1,441 dwelling units and non-residential uses including community purpose facilities, schools, a public park, commercial uses, open space, and circulation rights-of-way. On April 8, 2003, the City Council certified the Final Environmental Impact Report for the Bella Lago Subdivision, and approved the project Precise Plan, Rezone, and Tentative Subdivision Map. The Bella Lago Tentative Subdivision Map authorizes the development of 140 single-family dwelling units on individual parcels. 2 04/11/03 /7-27 All of the above referenced projects were approved subject to a building permit limitation prior to the construction of SR-125. The building permit limitation is a mitigation measure for each of the respective tentative subdivision maps. The existing mitigation measure (and SPA and TM conditions) for each oft_he projects noted above read as follows: Prior to approval of the first final map, Developer shall enter into an agreement with the City of Chula Vista, wherein Developer acknowledges and agrees that, prior to the construction of SR- 125, the City shall stop issuing new building ptamits for [Village 11; Village 6; EastLake III; Bella Lago] when the City, in its sole direction, determines either: a. Building p~mslts for a total 9,429 dwelling units have been issued for projects east of 1-805 (the start date for counting the 9,429 dwelling units is January 1, 2000); or, b. An alternative meastae is selected by the City in accordance with the City of Chula Vista Growth Management Ordinance. Developer shall also acknowledge and agree that notwithstanding the foregoing thresholds, the City may issue building permits if the City decides, in its sole discretion, that any of the following has occurred: 1) traffic studies demonstrate, to the satisfaction of the City Engineer, that the circulation system has additional capacity without exceeding the GMOC traffic threshold standards; 2) other improvements are constructed which provide additional necessary capacity; or 3) the City selects an alternative method of implementing the GMOC standards. These traffic studies would not require additional environmental review under CEQA; however, any improvements proposed in these lraffic studies would be subject to additional environmental reviews as reqff~red. The above noted agreement shall run with the entire land contained within the Project. For the last two years, City staff and the development community have been pursing a comprehensive traffic enhancement program to anticipate and mitigate any future traffic threshold problems prior to the construction of SR-125. The following identifies the various components of the program: Traffic Enhancement Pro,ram Olympic Parkway With the exception of the interchange improvements at Olympic Parkway and 1-805, all phases of the roadway were open to the public a year sooner than initially scheduled, that is by the end of 2002. The timeline for the 1-805 Interchange will lag somewhat with intersection improvements anticipated to be completed by October 1, 2005. Traffic Enhancement Projects The follOWing traffic enhancement projects have been approved and are in construction or ready to begin construction or are being studied to provide additional capacity on these Circulation Element roads: 3 /7-2? 04/11/03 · East H Street north side widening - construction has begun with completion scheduled for July 2003 (however, improvements shall be completed no later than April 1, 2004). · Telegraph Canyon Road north side widening - construction is scheduled for June to December 2003 (however, improvements shall be completed no later than April 1, 2004). · East H Street south side widening - project completed in February 2003. · Southerly extension of Heritage Road from Telegraph Canyon Road to Main Street - studies underway. · Mount Miguel Road westerly extension to Proctor Valley Road - studies underway. Interim SR-125 surface roadway - studies commenced. However, design and environmental analyses are temporarily on hold pending the outcome of the toll-road financing currently estimated to be in place by May 15, 2003. Transportation Demand Management Measures Transportation Demand Management (TDM) refers to a program that changes travel behavior so that traffic congestion during the peak demand period is reduced. Measures include travel by means other than in a single occupancy vehicle (such as walking, biking, joining a car or vanpool or use of some form of mass transit), altering the time of travel to other than peak periods (such as flexible starffend work periods and altering school schedules that may coincide with peak travel demand), and telecommuting (working at home) either during the peak period or for one or more full days a week and enhanced transit capabilities. The City is pursuing financing and management mechanisms to implement such measures. Long Range Transit Plan The City has made significant progress in moving forward on the preparation of a long-range transit plan for Chula Vista and the South Bay, in cooperation with the Metropolitan Transit Development Board (MTDB). Work on the project was initiated in early January, and the overall time frame for completion of the plan is 12 to 15 months. Traffic Capacity Study The City contracted with Linscott, Law and Greenspan (LLG) Traffic Engineers to study the effects of the comprehensive traffic enhancement program on two east-west Circulation Element roads in the eastern Chula Vista region, namely East H Street and Telegraph Canyon Road. These two streets have experienced increasing traffic volume with continuing development of the eastern territories. The purpose of the study was to determine: 1) if there would be additional traffic capacity on these two streets with implementation of the comprehensive traffic enhancement program, and 2) if so, what increase in development could be accommodated prior to the construction of SR-125 without compromising the City's Growth Management Oversight 4 04/11/03 Committee's (GMOC) thresholds for traffic performance. A summary of the results of the study is provided in the Section 1V below. II. THE PROPOSED PROJECT The traffic monitoring program established in the agreement is a comprehensive program for eastern Chula Vista (development east ofi-805). The agreements set forth a three-year schedule for issuance of residential permits. Each of the developments covered by the agreements (EastLake III, Otay Ranch Village 6 and 11, San Miguel Ranch, Bella Lago, and Salt Creek Ranch/Rolling Hills Ranch) will be limited to a specific number of permits each year. In addition, a total of 1,376 units for projects not covered by the agreements could be issued at any time during the 36 month life of the agreements. The total number of residential building permits that would be issued for eastern Chula Vista during the 36 months would not exceed 8,006, excluding those exempted in the agreement, such as low-income housing and model units. The following is the allocation for each project covered by the agreement per year: Exhibit B Developer The EastLake Company Brookfield Shea Otay LLC McMillin Otay Ranch LLC Otay Project LP McMillin Rolling Hills Ranch LLC NNP-Tdmark San Miguel Ranch LLC Bella Lago 4/01/03 to 4/01/04 to 4/01/05 to Project 3/31/04 3/31/05 3/31/06 EastLake III 620 834 507 Village 11 378 568 492 Village 6 278 307 109 Village 6 1008 299 35 Rolling Hills Ranch 120 153 330 San Miguel Ranch 71 154 227 Bella Lago 0 60 80 2475 2375 1780 6630 The total number of units allocated for each year will not result in an increase in units for any project. During the 36-month period the City will continue to monitor the rate of housing units being permitted and the traffic monitoring program which measures traffic speeds relative to the City's Growth Management thresholds. Regardless of the rate of growth the agreement allows, the City's growth management quality of life thresholds remain in force and supercede the monitoring agreement. The agreement for monitoring building permits would serve to implement the alternative traffic mitigation as described in the above referenced traffic mitigation condition, as well as establish a monitoring program. The monitoring program would establish the annual and the total number of building pemfits that could be issued for all phases of development for the term of the agreement. The number of permits to be issued would be subject to the completion of certain roadway improvements identified in the City Traffic Enhancement Program. As specified in the traffic mitigation measure for each of the projects, (Village 11, Village Six, Eastlake III and Bella Lago), an alternative traffic mitigation may be implemented if it is determined that the circulation system can provide additional vehicle capacity without the GMOC traffic threshold standards being exceeded, or if other improvements are constructed 5 04/11/03 which provide additional necessary capacity, the number of building permits prior to the opening of SR 125 may exceed the 9,429 building permit limitation. This request would not require the modification of any mitigation conditions for each of the respective EIRs, or the modification of any tentative map conditions. The proposed project would not change the density or intensity of development for Rolling Hills Ranch. No additional development potential would be allowed by this request. In essence, the proposed project is a development phasing shift whereby more dwelling units could be constructed prior to the construction of SR-125 provided that sufficient capacity remains on East H Street and Telegraph Canyon Road without compromising the City's GMOC thresholds for traffic performance. However, the change in phasing will not result in additional units for the project, the buildout development potential would remain the same as approved. III. CEQA REQUIREMENTS CEQA Guidelines Section 15164 establishes conditions under which an addendum to a certified E1R or adopted negative declaration shall be prepared: The lead agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred. B. An addendum to an adopted negative declaration may be prepared if only minor technical changes or additions are necessary. C. An addendum need not be circulated for public review but can be included in or attached to the final EIR or adopted negative declaration. D. The decision-making body shall consider the addendum with the final EIR or adopted negative declaration prior to making a decision on the project. A brief explanation of the decision not to prepare a subsequent EIR pursuant to Section 15162 should be included in an addendum to an EIR, the lead agency's required findings on the project, or elsewhere in the record. The explanation must be supported by substantial evidence. The California Environmental Quality Act (CEQA) Guidelines (Section 15162) establishes the conditions under which a subsequent EIR shall be prepared. A. When an SEIR has been prepared for a project, no subsequent SEIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in light of the whole record, one Or more of the following: 1. Substantial changes are proposed in the project which will require major revisions of the SEIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; 6 04/11/03 Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions to the SEIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or New information of substantial importance which was not known and could not have been known with the exercise of reasonable diligence at the time the SEIR was prepared. B. If changes to a project or its circumstances occur or new information becomes available after preparation of an SEIR, the lead agency shall prepare a subsequent EIR if required under subsection A. Otherwise the lead agency shall determine whether to prepare a subsequent Negative Declaration, an addendum or no further documentation (Guidelines § 15162). This addendum has been prepared pursuant to the requirements of Section 15164 of the State CEQA Guidelines. Based on the analysis herein, the proposed building permit limitation increase would not result in substantial changes or new significant environmental effects or a substantial increase in the severity of previously identified significant effects that would require major revisions to EIRs referenced herein. Further, no new information of substantial importance has been identified which was not known and could not have been known at the time the above referenced EIRs were prepared. Therefore, in accordance with Section 15164 of the State CEQA Guidelines, the City has prepared this addendum to EIR 01-02, EIR 98-01, EIR 01-01, and EIR 02-05. IV. ANALYSIS The above referenced EIRs addressed the direct (short-term' and long-term) and cumulative impacts of buildout of the Otay Ranch Village Eleven SPA Plan, Otay Ranch Village 6 SPA Plan, the EastLake III SPA Plan, and the Bella Lago Precise Plan. The proposed project would not increase the development intensity or density as analyzed in respective EIRs. As such, the project would not change the analysis or conclusions of the EIRs as they perta'm to the buildout or cumulative conditions. The proposed project represents a change in development phasing and, therefore, would not affect the development footprints shown on the approved TM's and as analyzed in the EIRs. As such, the proposed project would not change the analysis or conclusions of the EIRs for the issues of land use and zoning, geology and soils, water resources or water quality, biology, hazardous materials, landform and alteration, cultural and paleontological resources and agricultural resources. All of these issues were adequately addressed in the EIRs and are hereby incorporated by reference. The proposed project would not result in an increase in development potential (additional units) above what was analyzed in EIR 01-02, EIR 98-01, EIR 01-01, or EI~R 02-05. The environmental issues related to population demand including population and housing, public services and 7 04/I 1/03 utilities and recreation would not be affected by the proposed project. All of these issues were adequately addressed in aforementioned EIRs and are hereby incorporated by reference. Traffic LLG prepared a traffic forecast (Eastem Territories Traffic Capacity Analysis, dated April, 10, 2003) that reevaluated the current capacity on the eastern Chula Vista street system as a result of the opening of Olympic Parkway and other completed street improvements and estimated the future capacity available due to on-going and planned traffic, enhancements. The study addressed East "H" Street and Telegraph Canyon Road as it is forecast these two roadways will be the first to have their Level of Service (LOS) exceed the City's Growth Management Thresholds. Using January 1, 2003 as the base point, the study revealed that, as a result of the opening of Olympic Parkway there is additional existing capacity on East "H" Street and Telegraph Canyon Road. In other words, under existing conditions, these roadways operate at acceptable levels of service and have additional capacity before the thresholds are exceeded. The future roadway capacity, assuming the completion of various traffic enhancements projects, was then estimated for these two roadways, and each of the arterials (Telegraph Canyon Road and East "H" Street) was evaluated to determine which roadway and direction of travel would be the "constraint" on the street system (the first arterial to have its capacity exceeded). The constrained arterial was westbound Telegraph Canyon Road. The remaining capacity on the constrained segment of Telegraph Canyon road in the westbound direction was used to determine the number of new dwelling units that could be added before the City's thresholds would be exceeded. The estimated future capacity increases due to the on-going and planned traffic enhancements are indicated below: · The existing capacity of the eastern Chula Vista street system - 6,150 housing units. · Improvements on Telegraph Canyon Road - 1300 (estimated completion 12/03) · Improvements on East "H" Street - 600 (estimated completion 7/03) · Olympic Parkway/I-805 Interchange - 940 (estimated completion first quarter of 2005) Thus, the total capacity, both existing and future, due to enhancements is 8,990. Based upon existing capacity estimates, and capacity to be created through other road improvements that will provide additional necessary capacity, the City Engineer is satisfied that there is, or will be, additional capacity in the cimulation system in eastern Chula Vista without exceeding the City's thresholds. The proposed Agreement represents an alternative measure to monitor and stabilize growth over the next 36 months. As result of the traffic analysis a total of 6,630 future units will be subject to this agreement. Noise As with traffic, long term noise effects were evaluated in all of the above reference El/Rs. Noise impacts occur as a result of increase in traffic volume, increased speed, changes in roadway grade and changes in distance between roadway and receivers. The proposed project does not affect changes in grade and distance between roadway and receivers. While the proposed action 8 04/11/03 will result in the short-term, temporary increase in traffic volumes on area roads, it will have no effect on ultimate, long-term Ixaffic volumes. Therefore, this analysis focuses on the extent to which the proposed project would cause an increase in the noise levels that have been predicted as part of the Eastern Territories developments and future circulation systems. Increases in noise levels can occur because of increased traffic volumes and speeds; more cars will generate more noise and the faster the cars are traveling the higher the noise levels. In the short term, the proposed project will result in increased traffic volumes and consequently potentially lower travel speeds. A comparison of the short-term traffic volumes on East H Street, Telegraph Canyon Road and Olympic Parkway estimated in the LLG traffic study to the capacity of the same road segments reveals that the estimated noise increase due to the estimated short term increase in traffic volume would not exceed 1.4 dBA (RECON 2003). Noise levels of less than 3 decibels are typically considered unnoticeable by the average receiver in the outdoor environment. Being below 1.4 decibels, and in most cases below 1 decibel, the noise levels projected for the short term effects of the proposed action are not significant. Air Quality The proposed project will not result in construction of residential units beyond those currently approved within the Eastem Territories. Because the proposed project will not alter the total units count planned and approved for the Eastern Territories, the proposed project is assumed to conform with the growth assumptions in the State Implementation Plan and applicable regional plans, which in the San Diego Basin is the San Diego Regional Air Quality Strategy (RAQS). As such, potential long-term air quality impacts have already been addressed in the certified environmental documents for the General Development Plans within the Eastern Territories. The proposed action would result in short-term temporary traffic volume increases on area roads. As discussed in the traffic report prepared for the project, the additional number of residential units that my be constructed under the proposed action would be limited to ensure that traffic operations remain at acceptable LOS. As such, no localized air quality hot spots are anticipated. Consequently, the air quality impacts associated with the short-term effects of the proposed project are not significant (RECON 2003). V. CONCLUSION Short- and long-term and cumulative environmental impacts were adequately addressed by each EIR referenced above. The proposal would not create new significant short- or long-term environmental effects or intensify the environmental effects identified in the EIRs. The proposed change to the phasing of residential development would not create new cumulative effects or intensify the cumulative effects identified ia the EIR 01-02, EIR-98-01, EIR-01-01, and E1R-02- 05. Pursuant to Section 15164 of the State CEQA Guidelines, and based upon the above discussion, I hereby find that the project revisions to the proposed project will result in only minor technical 9 /7-S 04/11/03 changes or additions which are necessary to make EIR 01-02, EIR-98-01, EIR-01-01, and EIR- 02-05 adequate under CEQA for this project. Marilyn R. F. Ponseggi Environmental Review Coordinator References: City of Chula Vista Environmental Review Procedures Final Second Tier Environmental Impact Report for the Otay Ranch GDP Amendments/Village Eleven SPA Plan, Conceptual Tentative Map (EIR 01-02) Otay Ranch Village 6 Environmental Impact Report (EIR 98-01) EastLake III Environmental Impact Report (EIR 01-01) Bella Lago Environmental Impact Report (EIR 02-05) 04/11/03 RESOLUTION NO. 2003- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENTS FOR MONITORiNG BUILDiNG PERMITS BETWEEN THE CITY OF CHULA VISTA AND TRIMARK PACIFIC AND MCMILLiN ROLLING HILLS RANCH LLC AND AUTHORIZiNG THE MAYOR TO EXECUTE THE AGREEMENTS ON BEHALF OF THE CITY. WHEREAS, the Agreements concern and affect certain real properties located in Chula Vista, California, more particularly described on Exhibit "A" of the Agreements (referred to herein as ~'Properties"), and, WHEREAS, The Properties consist of master planned communities commonly known as "San Miguel Ranch" and "Rolling Hills Ranch" (referred to collectively as "Projects"). The City Council approved a General Development Plan, SPA Plan, Public Facility Financing Plans ("PFFP"), and other various entitlements (referred to herein collectively as "Entitlements") for development of the Projects; and WHEREAS, in order to mitigate the Rolling Hills Ranch Project, Tentative Map Condition Nos. 1 and 3 of Section 7 (as amended on June 13, 2000) limits the Rolling Hills Ranch development to 1,665 EDU's. In addition, Tentative Map Condition No. 3 provides that the sequence of mitigation may, at the discretion of the Director of Planning, be changed if circumstances warrant such revision; and WHEREAS, In order to mitigate the San Miguel Ranch Project, Tentative Map Condition No. 5 and Section II 5.4.1.15 of the PFFP (as amended on December 17, 2001), provides as follows: Pursuant to Project's approved PFFP, the Project is limited to construction within the area east of SR-125 only (Phase areas I, II and/or IV) of not more than 892 EDUs prior to the portion of SR-125 freeway from Olympic Parkway to SR-54 opening for public access, but after completion of Olympic Parkway from 1-805 to Hunt Parkway. The EDU's shall be calculated per the methodology stated in the "East "H" Street Focus Capacity Analysis 1999-2005" study prepared by Willdan Associates, dated June 8, 1999. It is recognized that Applicant may request an amendment to this condition subject to future traffic analysis to the satisfaction of the City Engineer. WHEREAS, Tentative Map for San Miguel Ranch (condition No. 15), provides that the sequence of mitigation shall at the discretion of the Director of Planning and Building, be modified should changes in circumstances warrant such a revision; and WHEREAS, the City o f Chula Vista, California, pursuant to Article XI of the California Constitution and the City Charter of the City of Chula Vista, may adopt and enforce all ordinances and regulations with respect to municipal affairs, including the authority to adopt and enforce general and specific plans, zoning and subdivision regulations, and other land use control measures to protect and promote the public health, safety and welfare of its citizens; and WHEREAS, the Growth Management Element of the City's General Plan sets forth goals, policies and objectives which, among other things, ensure that the pace and pattern of residential development is coordinated with the provision for adequate public facilities and services. To this end, Growth Management Policy 4.2(e) calls for the use of threshold standards to define the minimum acceptable level of public facilities and service that maintains a quality environment while allowing development to continue and to monitor these facilities; and, WHEREAS, the City of Chula Vista enacted the Growth Management Ordinance to ensure that public facilities, services and improvements meeting city standards exist or become available concurrent with the need created by new development and to prevent growth which has been planned for by the City to proceed unless adequate public facilities and improvements are provided in a phased and logical fashion as required by the General Plan. The Growth Management Ordinance establishes quality of life threshold for public facilities; and, WHEREAS, the parties to the Agreements have reviewed the Traffic Study prepared by Linscott, Law and Greenspan dated, April 10,2003, and based upon that study has determined that a certain number of building permits east of 1-805, may be issued without exceeding the City's current ability to provide public transportation facilities concurrent with residential growth which will not result in a reduction in level of service thresholds (as set forth in the Growth Management Ordinance if certain transportation improvements have been constructed; and WHEREAS, the Director ofPIanning & Building has determined that it is appropriate to change the sequence of mitigation for the Projects to substitute with the Monitoring Program established by the Agreements; and WHEREAS, the parties to the Agreements have determined that residential development at the current rate will outpace the provision of needed transportation facilities, thereby posing a substantial risk to the public health and safety of the community. The City Council further determines and, Developers concur, that in compliance xvith the Projects mitigation measures, that the change in sequence of mitigation in accordance xvith the Traffic Study shall protect the public health and safety by preventing the rate of development from exceeding the ability to provide public facilities in an orderly and phased manner consistent with the intent and purpose of said mitigation measures, Growth Management Ordinance and Growth Management Element of the Progress Guide and General Plan; and WHEREAS, the City has determined that based upon the Traffic Study the Monitoring Program established by the Agreements is an equivalent or more effective mitigation measure; and WHEREAS, the Agreements will protect the public health and safety, as shown on the Traffic Study by preventing the rate of development from exceeding the ability to provide public facilities in an orderly and phased manner consistent with the intent and purpose of the measure, Growth Management Ordinance and Growth Management Element of the Progress Guide and General Plan; and WHEREAS, to ensure the maintenance of the Chula Vista Quality of Life Threshold Standards, meet the mitigation requirements of the Projects, and stabilize the rate of residential development within the eastern Chula Vista, the City, Developer and other developers within eastern Chula Vista, determine it is necessary to undertake steps to implement a program, as set forth in this Agreement, for monitoring of building permits in order to implement the Growth Management ordinance and mitigation of its Project ('~Monitoring Program"); and, WHEREAS, the Environmental Review Coordinator has determined that any impacts associated with the Project have been previously addressed in the following documents: San Miguel Ranch Sectional Planning Area Plan and Tentative Maps Final Subsequent Environmental Impact Report, FEIR-97-02; Annexation/General Development Plan/Pre-Zone Final Environmental hnpact Report, EIR-98-03; Rolling Hills Ranch (Salt Creek Ranch) Sectional Planning Area (SPA) Plan Final Supplemental Environmental Impact Report, EiR-91-03; and Mitigated Negative Declaration IS-00-05; and has, therefore, prepared addenda to said environmental documents. The addenda have been prepared pursuant to the requirements of Section 15164 of the California Environmental Quality Act ("CEQA") Guidelines. Based on the analysis, the building permit monitoring agreements would not result in substantial changes or new significant environmental effects or substantial increase in the severity of previously identified significant effects that would require major revisions to the environmental documents. Further, no new information of substantial importance has been identified which was not known and could not have been known at the time the above referenced environmental documents were prepared. The project is in substantial conformance with the analysis in these documents, and therefore, approval and implementation of the Project does not change the basic conclusions of these documents. The addenda have been prepared in accordance with the requirements of the CEQA, State EIR Guidelines and the Environmental Review Procedures of the City of Chula Vista; and, NOW THEREFORE BE IT RESOLVED, the City Council hereby finds that the Addenda have been prepared in accordance with the requirements of CEQA, the State EIR Guidelines and the Environmental Review Procedures of the City of Chula Vista. BE IT FURTHER RESOLVED, the City Council finds that the Addenda to Environmental Impact Reports (FEIR-97-02, EIR-98-03, EIR-91 ~03) and Mitigated Negative Declaration (IS-00-05), reflect the independent judgment of the City Council of the City of Chula Vista and hereby adopts the Addenda. BE IT FURTHER RESOLVED, that from the facts presented to the City Council, the Council hereby approves the Agreement to Monitor Building Permits between City of Chula Vista and Trimark Pacific and McMillin Rolling Hills Ranch, on file at the City Clerk's office. BE IT FURTHER RESOLVED, the Mayor of the City of Chula Vista is hereby authorized and directed to execute said Agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by Robert A. Leiter Ann Moore Director of Planning & Building City Attorney J:\Attorney\Reso\San Miguel Ranch RHR /7 3 Recording requested by: City of Chula Vista After recording return to: City Clerk's Office City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 This space for Recorder's use only AGREEMENT FOR MONITORING OF BUILDING PERMITS This Agreement for the Monitoring of Building Permits ("Agreement") is made as of this __ day of , 2003, by and between the CITY OF CHULA VISTA, a municipal corporation ("City"), and NNP-TRIMARK SAN MIGUEL RANCH, LLC "Developer") with reference to the following recitals: RECITALS 1. The Property. This Agreement concerns and affects certain real property located ~n Chula Vista, California, more particularly described on Exhibit "A" attached hereto and incorporated herein ('~Property"). 2. Project, The Property is a master planned community commonly known as "San Miguel Ranch" ("Project"). The City Council approved a General Development Plan, SPA Plan, Public Facility Financing Plans ("PFFP"), Tentative Map No. 99-04 (said documents referred to herein collectively as "Entitlements"), Subsequent Environmental Impact Report (SEIR 97-02), Addendum to Final Mitigated Negative Declaration (IS-00-05), and other various entitlements for development of the Project. 3. Mitigation Measures. In order to mitigate the Project, Tentative Map Condition No. 5 and Section II 5.4.1.15 of the PFFP (as amended on December 17, 2001), provides as follows: Pursuant to Project's approved PFFP, the Project is limited to construction within the area east of SR-125 only (Phase areas I, II and/or iV) of not more than 892 EDUs prior to the portion of SR-125 freeway from Olympic Parkway to SR-54 opening for public access, but after completion of Olympic Parkway from 1-805 to Hunt Parkway. The EDU's shall be calculated per the methodology stated in the "East "H" Street Focus Capacity Analysis 1999- 2005" study prepared by Willdan Associates, dated June 8, 1999. It is recognized that Applicant may request an amendment to this condition subject to future traffic analysis to the satisfaction of the City Engineer. 4. Sequence of Mitigation. Tentative Map condition No. 15, provides that the sequence of mitigation shall at the discretion of the Director of Planning and Building, be modified should changes in circumstances warrant such a revision. 5. Growth Management Element. The Growth Management Element of the City's General Plan sets forth goals, policies and objectives which, among other things, ensure that the pace and pattern of residential development is coordinated with the provision for adequate public facilities and services. To this end, Growth Management Policy 4.2(e) calls for the use of threshold standards to define the minimum acceptable level of public facilities and service that maintains a quality environment while allowing development to continue and to monitor these facilities. 6. Growth Management Ordinance. The City of Chula Vista enacted the Growth Management Ordinance (Chapter .19 of the Chula Vista Municipal Code), (referred to herein as "Growth Management Ordinance") to ensure that public facilities, services and improvements meeting city standards exist or become available concurrent with the need created by new development and to prevent growth which has been planned for by the City to proceed unless adequate public facilities and improvements are provided in a phased and logical fashion as required by the General Plan. The Growth Management Ordinance establishes quality of life threshold for public facilities. 7. Change in Sequence. The Director of Planning and Building has determined that it is appropriate to change the sequence of mitigation set forth in Tentative Map Condition Nos. 5 to substitute the 892 EDU's with the Monitoring Program established by this Agreement. The City has determined that based upon the Traffic Study described by Paragraph 8 of this Agreement, the Monitoring Program is an equivalent or more effective mitigation measure. 8. Traffic Study. The parties have reviewed the Traffic Study prepared by Linscott, Law and Greenspan dated, April 10,2003 and a portion of which is attached hereto xs Exhibit "D", and based upon that study has determined that a certain number of building permits east of 1-805, may be issued without exceeding the City's current ability to provide public transportation facilities concurrent with residential growth which will not result in a reduction in level of service thresholds (as set forth in the Growth Management Ordinance) if certain transportation improvements have been constructed. 9. Municipal Authority. The City of Chula Vista, California, pursuant to Article XI of the California Constitution and the City Charter of the City of Chula Vista, may adopt and enfome all ordinances and regulations with respect to municipal affairs, including the authority to adopt and enfome general and specific plans, zoning and subdivision regulations, and other land use control measures to protect and promote the public health, safety and welfare of its citizens. fT qO 10. Alternative Measure. The parties have determined that residential development at the current rate will outpace the provision of needed transportation facilities, thereby posing a substantial risk to the public health and safety of the community. The City Council further determines and, Developer concurs, that in compliance with the Project's mitigation measure, that the change in sequence of mitigafion in accordance with the Traffic Study shall protect the public health and safety by preventing the rate of development from exceeding the ability to provide public facilities in an orderly and phased manner consistent with the intent and purpose of said mitigation, Growth Management Ordinance and Growth Management Element of the Progress Guide and General Plan. 11. Monitoring Program. To ensure the maintenance of the Chula Vista Quality of Life Threshold Standards, meet the mitigation requirements of the Project, and stabilize the rate of residential development within the eastern Chula Vista, the City, Developer and other developers within eastern Chula Vista, determine it is necessary to undertake steps to implement a program, as set forth in this Agreement, for monitoring of building permits in order to implement the Growth Management ordinance and mitigation of its Project ("Monitoring Progran~"). NOW, THEREFORE, the parties agrees as follows: A. Agreement Applicable to Subsequent Owners. Agreement Binding upon Successors. This Agreement shall be binding upon and inure to the benefit of the successors, assigns and interests of the parties as to any or all of the Property, as described on Exhibit "A", until released by the mutual consent of the parties. Agreement Runs with the Land. The burden of the covenants contained in this Agreement benefit and burdens the Property, its successors and assigns and any successor in interest thereto as well as benefit the City. City is deemed the sole beneficiary of such covenants for and in its own right and for the purposes of protecting the interest of the community and the public, in whose favor and for whose benefit of such covenants running with the land have been provided without regard to whether City has been, remained or are owners of any particular land or interests therein. If such covenants are breached, the City shall have the right to exemise all rights and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach to which it or any other beneficiaries of this Agreement and the covenants may be entitled. Release to Individual Homeowners. Upon conveyance of a residential unit to an individual homeowner, such lot shall be released from the obligation under this Agreement and as against Developer's successors in interest to such lot. B. Building Permit Definition. The specific provisions of this Agreement shall apply to building permits for residential development. For purposes of this Agreement only, 3 "building permits" means permits issued for the construction of new dwelling units requiring issuance of a building permit, but does not include the exceptions set forth in Paragraph E herein, and remodeling, additions, rehabilitatioh or other improvements to an existing structure, or rebuilding or replacement of an existing structure, provided such activities do not result in an increase in dwelling traits. C. Duration. This Agreement shall commence upon the Effective Date of this Agreement and terminate on March 31, 2006. D. Projects Governed by the Monitoring Program: The Monitoring Program shall govern all phases of the development of the Property as depicted in the Entitlements, which are owned by the Developer and its successors in interests, which are subject to the numeric development threshold described in Paragraph 3 of this Agreement. E. Projects Not Governed by the Monitoring Program. City and Developer agree that the following types of development projects shall not be subject to this Agreement: Affordable housing units which meet the criteria for affordable housing as set forth in the City's Housing Element of the General Plan and will be constructed pursuant to a fully executed City of Chula Vista Affordable Housing Agreement; and Development projects which are not subject to a numeric development threshold (building permit limitation) and have met their major infrastructure obligations as required by that project's entitlements and the Growth Management Ordinance, as such projects are more fully described on Exhibit "C"; and Model Homes constructed for the Project; provided however, the building permit for that model home shall count, against the Developer's total allocation of building permits within the year the final inspection for that model home allows occupancy. For purposes of this paragraph "model home" means a home used for the purpose of marketing similar homes within the Project during the time these homes are offered for sale to the public. Model homes are not pem~anently occupied and there is no transfer of ownership to an individual homebuyer, other than to a private investor. 4. Commercial and Industrial development and other nonresidential development. F. Permit Limitations. Developer understands and agrees that the total number of building permits for all phases of development of the Property are subject to the Monitoring Program. The Total number of building permits to be issued by the City for the Projects listed on Exhibit "B' shall not exceed 6630 building permits for 4 17 qZ the term of said Program. The annual distribution, commencing from April 1 to March 31 of each year for development projects subject to the Monitoring Program shall be as follows: Year Permits (April 1 to March 31) 4/1/03-3/31/04 2475 4/1/04~3/31/05 2375 4/1/05-3/31/06 1780 Total Developer agrees that its share of the building permits for each year of the Monitoring Program shall be in the mnount set forth in Exhibit "B," which shall control the number of building permits that shall be issued by the City for the Property. Any building permits issued within the Property, whether obtained by Developer or its successors interest (e.g., its merchant builders) shall be counted against Developer's allocation shown on Exhibit "B." Developer agrees not to request building permits, which would exceed its allocation total for each of the years of the Monitoring Program. Developer shall be responsible for obtaining compliance with its allocation obligations as set forth in this Agreement from all applicable parties. Any building permits not issued from the total allocated in any given year will be added to the subsequem year's allocation. If two or more developers agree in writing to reassign permits amongst themselves, the City shall adjust the permit schedule and issue permits in accordance with the reassignment agreement(s) so long as the reassignments do not exceed the yearly allocation and the other terms of the Monitoring Program. G. Other Conditions of Approval. Other then as specifically provided for in this Agreement, nothing herein shall be construed as relieving Developer from complying with the Project's other conditions of its Entitlements and all City regulations, standards and policies, including the City Growth Management Program, and related threshold standards. Furthermore, the total number of residential units for the Project remain unchanged as set forth in the Entitlement. H. Completion of Roadway Improvements. Notwithstanding the foregoing, Developer understands and agrees that the number of building permits attributed to each of the improvements as shown on Exhibit "E", shall be available to be allocated under the terms of this Agreement upon the completion of such roadway improvements. For example, the completion of Olympic Parkway and other completed improvements (as described in the Traffic study) added 6, 150 building permits available to be issued by the City, beginning as of January 1, 2003. Other traffic enhancement improvements listed on Exhibit "E" provide capacity for additional building permits in the amounts shown on Exhibit "E." If any of the roadway improvements are not completed by the dates shown, then the corresponding number of building permits attributed to 5 said improvements shall be deducted by the City from the total number of building permits to be issued for the last twelve (12) months o£the Monitoring Program. The amount deducted shall be prorated against all the developers' totals shown on Exhibit "B" on a proportionate basis. If the traffic improvement is later completed, the number of building permits attributed to said improvement shall be added back to the total available to be allocated based upon the same pro rata formula. For purposes of this paragraph the term "completion of improvements" shall mean when said improvements are open to the public for use. Nothing herein shall limit the City's ability to pursue other legal remedies available through other Agreements (i.e. Traffic Enhancement Agreement) with respect to the completion of the traffic enhancement improvements. I. Traffic Enhancement Agreement. Notwithstanding any provisions to the contrary herein, Developer acknowledges and agrees that upon execution of this Agreement by the City, the City has fully and completely satisfied City's obligations as set forth in Article 2 (Sections 2. l through 2.3) of that certain Agreement for Financing and Construction of Roadway Improvements for Traffic Enhancements, approved by the City Council by Resolution 2002-376 ("Traffic Enhancement Agreement"). In particular, the City shall not be required to process nor present for City Council consideration any amendments to Developer's Project entitlements as described in paragraph 2.1(b) of said Traffic Enhancement Agreement. Notwithstanding the foregoing, all other terms, conditions, and obligations of the Traffic Enhancement Agreement shall remain in full rome and effect. J. Growth Management Ordinance. Notwithstanding any provisions to the contrary herein, Developer acknowledges and agrees that nothing herein shall be construed as to restrict the City's ability to exercise its discretion as provided by the Growth Management Program, as may be amended fi-om time to time. Developer and City agree that this Agreement is consistent with the Growth Management Element, Growth Management Ordinance, Tentative Map Conditions and other provisions of the Entitlements. K. Indemnification. Provided the City is not in material breach of this Agreement, Developer and each of the property owners for which this Agreement is recorded against (jointly referred to in this paragraph as "Indemnitor") shall solely and jointly be responsible to defend, indemnify and hold harmless the City, its elected and appointed officers and employees, from and against any claims, suits, actions or proceedings, judicial or administrative, for writs, orders, injunction or other relief, damages, liability, cost and expense (including without limitation attorneys' fees) arising from this Agreement and the City's actions in processing or issuing building permits in accordance with the Agreement, the State Building Code, and other laws, policies and regulations as applicable, or in exercising any discretion related thereto. Indemnitor's indemnificaiton shall include any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents or employees in defending against such claims, whether the same proceed to judgment or not. Further, lndemnitor, at its own expense, shall upon written request by the City, defend any such suit or action brought against the City, its officers, agents or employees. Upon Indemnitee exercising such option to tender a defense, Indemnitee shall reasonably cooperate in the defense of such action. At its sole discretion, the City may participate, at its own expense, in the defense of any such action, but such participation shall not relieve Indemnitor of any obligation imposed by this Agreement. If the City decides not to tender its defense to 6 Indenmitor, City and Indemnitor each agree to reasonably cooperate with each other in the defense of such action. Both parties to this Agreement (Inderunitor and Indemnitee) shall have the right to initiate negotiations with a claimant in a proceedings described herein to end litigation by settlement. Each party has the duty to notify the other party of settlement negotiations at the earliest possible stage of initiation of said negotiations. Each party shall cooperate in good faith in said negotiations. Nothing herein shall obligate the City to grant or exercise its discretion on any matter which the City has a right to exercise such discretion, in order to implement the terms and conditions of a settlement agreement. L. City Attorney to Issue Permits. Nothing herein shall be construed as limiting the City's authority to withhold final or interim inspection of units for which building permits may have been issued or the issuance of building permits or certificates of occupancy in accordance with the State Building Code, or other laws and regulations as applicable or if the required fees are not received by the City. M. Tentative Map Condition. Developer requested and City agrees that the sequence of mitigation for the Project be modified by substituting the Tentative Map condition No. 5 EDU cap of "892 EDUs" with the Monitoring Program established by this Agreement between Developer and City. The Planning Department shall revise the appropriate provisions in the Entitlements to include this change in sequence. N. General Provisions. 1. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of California. 2. Effective Date. The terms and conditions of this Agreement shall be effective as of the date this Agreement is approved by the City Council. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be original and all of which shall constitute one and the same document. Entire Agreement. This Agreement, embodies the entire agreement and understanding between the parties regarding the subject matter hereof, and any and all prior or contemporaneous oral or written representations, agreements, Entitlements, understandings and/or statements shall be of no fome and effect. 5. Recitals, Exhibits. Any recitals set forth above and any attached exhibits and diagrams are incorporated by reference into this Agreement. Authority of Signatories. Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions and/or actions or agreements have been taken so as to enable said signatory to enter into this Agreement on behalf of and to bind the real property owners for which this Agreement shall be recorded against. Modification. This Agreement may not be modified, terminated or rescinded, in whole or in part, except by written instrument duly executed and acknowledged by the parties hereto, their successors or assigns. Preparation of Aexeement. No inference, assumption or presumption shall be drawn from the fact that a party or its attorney prepared and/or drafted this Agreement. It shall be conclusively presumed that all parties participated equally in the preparation and/or drafting of this Agreement. 9. Third Party Beneficiaries. Notwithstanding any other provision of this Agreement to the contrary nothing herein is intended to create any third party beneficiaries under this Agreement, and no person or entity other than City, and Developer and the permitted successors and assignee of each of them, shall be authorized to enforce the provisions of this Agreement. 10. Developer Participation. Developer representatives that it has participated in the establishment of the Monitoring Program, this Agreement and Exhibit "B" hereto. Developer agrees to the schedule provided within Exhibit "B" as it pertains to development of the Project and other projects within the Monitoring Program. [NEXT PAGE 1S SIGNATURE PAGE] 8 SIGNATURE PAGE TO AGREEMENT FOR MONITORING OF BUILDING PERMITS IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first set forth above. CITY OF CHULA VISTA NNP Trimark San Miguel Ranch, LLC a Delaware limited liability company Steve Padilla, Mayor Attest: by: its: Susan Bigelow, City Clerk Approved as to Form by: by: its: Ann Moore, City Attorney .I:\ATTORNEY\AGREE\Monitoring Building Permits TRIMARK PAC1FIC~ 9 j San Miguel Ranch Legal Description Chula Vista Tract No. 99-04, San Miguel Ranch, m the City of Chula Vista, County of San Diego, State of California, according to Map thereof No. t4261, filed in the Office of the County 1~ecorder of San Diego County on August 21, 2001 and the remainder of Chula Vista Tentative Tract 99-04. Exhibit B Developer The EastLake Company Brookfield Shea Otay LLC McMillin Otay Ranch LLC Otay Project LP McMillin Rolling Hills Ranch LLC NNP-Trimark San Miguel Ranch, LLC Bella Lago 4/01/03 to Project 3/31/04 EastLake III 620 Village 11 378 Village 6 278 Village 6 1008 Rolling Hills Ranch 120 San Miguel Ranch 71 Bella Lago 0 4/01/04 to 4/01/05 to 3/31/05 3/31/06 834 507 568 492 3O7 1 O9 299 35 153 330 154 227 60 80 2475 2375 1780 66301 17~ffO R s EXHIBIT 1~ EASTERN TERRITORiES'TRAFFIc CAPACITY ANALYSIS CHULA VISTA, CALIFORNIA April 10, 2003 INTRODUCTION The following repod estimates the number of additional dwelling units that can be built in the eastern territories of Chula Vista, pre SR-125, before East H Street or Telegraph Canyon Road near 1-805 reach the City of Chula Vista's Traffic Monitoring Program (TMP) thresholds. Additionally, this report includes results from three other traffic studies that estimate the number of additional dwelling units that could be built due to other specific roadway improvements. A preliminary assessment of the study area indicated that either East H Street or Telegraph Canyon Road would be the first to have their Level of Service (LOS) exceed the allowable TMP thresholds. For this reason and because East H Street and Telegraph Canyon Road act as the primary commuter routes, this study focused on these two arterials. The methodology to forecast the future traffic conditions is based on linear regression formulas, which use historical TMP speed and traffic volumes to forecast future travel speeds. This report is structured as follows: · Analysis Methodology · Existing Traffic Conditions · Future Traffic Conditions Prediction · Conclusions Figure 1 is a map showing the limits of the existing TMP analysis segments of East H Street and Telegraph Canyon Road. ANALYSIS METHODOLOGY In general terms, the following methodology was used to estimate the number of additional units (pre SR-125), which could be built in the eastern territories before City threshold standards would be exceeded on East H Street and Telegraph Canyon Road. 1) Traffic volume counts and speed surveys were conducted in November, December, and February on both Telegraph Canyon Road and East H Street (the most "constrained" roadways in the study area), in both the eastbound and westbound directions. The counts were conducted after Olympic Parkway was extended eastward to Hunte Parkway and open to through traffic. 2) Four linear regression graphs were developed (eastbound Telegraph Canyon Road, westbound Telegraph Canyon Road, eastbound East H Street, westbound East H Street) based on the collected data. Eastern Territories YrsfT~C Capacity Analysis City of Chula Vista lq- i 3.o2. 24 I I I'-- Ill ENGINEERS 3) An equation was developed based on each graph relating speed to volume. 4) A table was developed relating volume to LOS, using Highway Capacity Manual Standards. 5) The amount of hourly traffic volume that could be added to Telegraph Canyon Road and East H Street was determined based on degradation in LOS until the TMP threshold was exceeded. 6) Residential and non-residential traffic was added to the most constrained segment of Telegraph Canyon Road and East H Street until the TMP threshold was exceeded. 7) This amount of traffic was correlated to a dwelling unit amount in the eastern territories. EXISTING CONDITIONS AVERAGE DAILY TRAFFIC VOLUMES Average Daily Traffic (ADT) volumes for East H Street, Telegraph Canyon Road and Olympic Parkway were obtained from machine counts collected in November 2002, December 2002 and February 2003. The ADT volume data are contained in Appendix A and are summarized in Table 1. SEGMENT TABLE 1 EXISTING ADT VOLUMES WEEKDAY AVERAGE ADT VOLUMES 11/18/02-11/21/021 12./2-12/6, 12/9/02 I 2/3/O3-2-./7/03 East H Street West of Hidden Vista Drive Hidden Vista Drive and Terra Nova Drive Del Ray Boulevard and Paseo Del Rey Tierra Del Rey and Paseo Ranchero Telegraph Canyon Road Halecrest Drive to Oleander Avenue Paseo Del Roy to Oleander Avenue Paseo Del Rey to Medical Center Drive Paseo Landera to Paseo Ranchero Olympic Parkway Oleander Avenue to Brandywine Brandywine to Heritage Road Heritage Road to La Media Drive Source: LLG Engineers Data notavaflab]e Data notavailable 66,700 59,400 59,550 53,850 52,900 53,800 50,500 47,350 47,100 45,550 Data 58,400 59,550 60,950 notavailable Data not available 55,200 52,550 52,600 54,000 42,800 42,950 44,600 27,800 28,100 28,600 20,150 22,000 23,050 13,700 14,200 16,000 Eastern Territories Traffic Capacity Analysis City of Chula Vista 3-02-1244 CHULA VISTA TRAFFIC MONITORING PROGRAM The Chula Vista TMP is used to assess the operating performance of the City's arterial street system in order to determine compliance with the Threshold Standards of the Growth Management Oversight Commission (GMOC). The threshold standards specify that LOS C or better, as measured by average travel speeds on the arterial, shall be maintained on all signalized arterial segments with an exception during peak hours where LOS D can occur for no more than any two hours of the day. Existing travel speeds along the study arterials were obtained from City of Chula Vista engineering staff, while ADT volumes dudng the same days were counted by Linscott, Law and Greenspan Engineers (LLG). The TMP data sheets are included in Appendix B. A summary of the TMP speeds, LOS, and associated houdy volumes are included in Table 2. 3-02-1244 TABLE 2 SUMMARY OF EXISTING HOURLY VOLUMES AN[:) SPEED DATA WITH OLYMPIC PARKWAY OPEN TO HUNTE PARKWAY East H Street Westbound 6-7 AM 7-8 AM 8-9 AM DATE MPH LOS VOL MPH LOS VOL MPH LOS VOL 11/19/02 45.5 A 1470 34 B 1870 33,3 B 1980 11/20/02 39.4 A 1410 33.1 B 1920 28,5 B 1910 12/03/02 31.6 B 1390 31.4 B 1870 26.7 C 1820 12/04/02 38.6 A 1390 30.8 B 1920 31.9 B 1850 12/05/02 34.1 B 1380 30,2 B 1870 29.8 B 1850 12/10/02 35.3 A 1360 32,3 B 1880 35.3 A 1870 02/04/03 33.8 B 1460 28.7 B 2030 27.8 C 2000 02/05/03 36.2 A 1520 26.3 C 2030 29.8 B 2020 02/06/03 32,0 B 1520 32.3 B 2080 31.2 B 2110 Eastbound 3-4 PM 4-5 PM 5-6 PM DATE MPH LOS VOL MPH LOS VOL MPH LOS VOL 11/19/02 38.6 A 1940 35.9 A 1990 32.9 1~ 2080 11/20/02 28,4 B 2010 30.4 B 1860 30.3 B 2180 12/03/02 33.8 B 1930 28.5 B 2070 33.5 B 2109 12/04/02 30.7 B 1930 31.7 B 2070 30.7 B 2150 12/05/02 28.5 B 1880 28.7 13 2060 30.8 B 2070 12/10/02 30.9 B 1890 37.9 A 2040 33.3 B 2120 02/04/03 31.4 B 2020 35.4 A 2150 30.5 B 2310 02/06/03 36.0 A 1950 32.5 B 2200 30.5 B 2310 Telegraph Canyon Road Westbound 6-7 AM 7-8 AM 8-9 AM DATE MPH LOS VOL MPH LOS VOL MPH LOS VOL 11/19/02 41.4 A 1800 33.5 B 1970 32.4 B 1980 11/20/02 36.9 A 1790 32.4 B 1970 28.8 B 1970 12103/02 33.1 B 1800 34.3 B 2060 28.5 B 2020 12/04/02 38.9 A 1780 35.6 A 2060 33.3 B 2030 12/05/02 35.9 A 1790 35.4 A 2060 29.1 B 2040 02704/03 30.0 B 1870 33,6 B 2140 30.9 B 2090 02/05/03 41.9 A 1850 32.8 B 2130 33.9 B 2040 02/06/03 33.9 B 1870 26.6 C 2120 24.7 C 2090 Eastbound' '" 3-4 PM 4-5 PM 5-6 PM DATE MPH LOS VOL MPH LOS VOL MPH LOS VOL 11/19/02 38.6 A 1700 38.0 A 1960 37.9 A 2040 11/20/02 30.9 B 1780 30,7 B 1820 30.7 B 2050 12/04/02 31,6 B 1870 33,8 B 1910 35.2 A 2040 12/05/02 29,5 B 1850 27.4 C 1860 28.3 B 1970 12/10/02 33,3 B 1770 31.1 B 1850 26.6 C 2000 02/04/03 31.1 B 1770 31.4 B 1940 29.8 B 2130 02J05/03 30.4 B 1910 33.1 B 1900 27.3 C 2190 02/06/03 30.0 B 1800 28.0 B 1980 27.3 C 2160 So[~rce: City of ChuJa Vista for speeds, which are shown in MPH (i.e, 38.6) LLG for hourly volumes, which are shown in vehicles per hour (i.e, 1940) MPH - Mitas/Hour; LOS * Level of Service; VOL - Hourly Volume -5- Eastern Territories Traffic Capacity Analysis City of Chula Vista 3-02-1244 ENGINEERS FUTURE TRAFFIC CONDITIONS PREDICTION The future roadway capacity was estimated by calculating linear regression equations for each of the study arterials from the historical TMP and volume data in Table 2. From the linear regression equations, look-up tables with hourly volumes were calculated for LOS A through E. Each of the study arterials were evaluated to determine which roadway and direction of travel would be the "constraint" in the street system that would be the first arterial to have its capacity exceeded. Traffic was added to the "constrained" arterial until the TMP threshold of LOS D was reached. And finally, the added traffic was translated into a total number of new dwelling units. LINEAR REGRESSION EQUATIONS A linear regression equation is used to describe the dependence of one variable on another. For example, as the traffic volume increases on Telegraph Canyon Road, the average travel speed and LOS will decrease. The linear regression equations by direction for each artedal were calculated using the historical TMP speed and associated hourly volumes listed in Table 2. The equations are shown in Table 3 and the linear regression plots are included in Appendix C. TABLE 3 LINEAR REGRESSION EQUATIONS BY ARTERIAL Arterial, Direction and Peak Period I Linear Regression Equation East H Street- Westbound in the AM MPH = 50.7- 0.0102 x Volume East H Street - Eastbound in the PM MPH = 41,3 - 0.00435 x Volume Telegraph Canyon Road - Westbound in the AM MPH = 72.3 - 0.0197 x Volume Telegraph Canyon Read - Eastbound in the PM MPH = 45.9 - 0.00756 x Volume LOOK-UP TABLE From the linear regression equations, a LOS'I6Ok-up table by hourly volume was created by plugging in the MPH to determine the associated volume. The hourly volumes LOS thresholds for each scenario are shown in Table 4. Eastern Territories Traffic Capacity Analysis City of Chula Vista 3~02-1244 LOS TABLE 4 LOS LOOKUP TABLE BY HOURLY VOLUME MPH East H Street - WB in the AM East H Street- EB in the PM Telegraph Canyon Rd - WB in the AM Telegraph Canyon Rd - EB in the PM A _> 35 1,540 1,450 1,890 1,440 B C > 28 > 22 2,230 2,810 3,060 4,440 2,250 2,550 2,370 3,160 :,17 ] <13 3,300 3,700 5,590 6,510 2,810 3,010 3,820 4,350 Source: LLG Engineers. Example cglcula~on: LOS A for East H WB volume using MPH = 50.7 - 0.0102*Volume becomes 35 = 50.7 - 0.0102*Volume => -15.7 --- -0.0'10'Z'Volume => Volume = 1,539 => rounded to 1,540. CONSTRAINED SEGMENT Using the collected data, each segment was analyzed to determine which would reach the TMP threshold first. As shown in Table 5, westbound Telegraph Canyon Road was calculated to reach capacity first and therefore is considered to be the constrained segment. Telegraph Canyon Road is considered to be the constrained segment because it has the least amount of reserve capacity. Fewer vehicles can be added to Telegraph Canyon Road before it reaches capacity as compared to East H Street. Additionally, other factors that limit the capacity of Telegraph Canyon Road include friction from multiple driveways and delays from many traffic signals. City of Chula Vista - 7 - 3-02-1244 ENGINEERS TABLE5 CONSTRAINED SEGMENT ANALYSIS Highest Peak Volume at LOS D Percentage of Date Hour Volume from Linear Regression Reserve Capacity Before Equation LOS D is Reached East H Street Westbound 11/19/02 1980 3300 67% 11/20/02 1920 3300 72% 12/03/02 1870 3300 76% 12/04/02 1920 3300 72% 12/05/02 .1870 3300 76 % 12/10/02 1880 3300 76% 02/04/03 2030 3300 63% 02/05/03 2030 3300 63% 02/06/03 2110 3300 56% Eastbound 11/19/02 2080 5590 169% 11/20/02 2180 5590 156% 12/03/02 2100 5590 166% 12/04/02 2150 5590 160% 12/05/02 2070 5590 170% 12/10/02 2120 5590 184% 02/04/03 2310 5590 142% 02/06/03 2310 5590 142% Telegraph Canyon Road Westbound 11/19/02 1980 2810 42% 11/20/02 1970 2810 43% 12/03/02 2060 2810 36% 12/04/02 2060 2810 36% 12/05/02 2060 2810 36% 02/04/03 2140 2810 31% - Controls 02~05/03 2130 2810 32% - Controls 02/06/03 2120 2810 33% - Controls Eastbound 11/19/02 2040 3820 87% 11/20/02 2050 3820 86% 12/04/02 2040 3820 87% 12/05/02 1970 3820 94% 12/10/02 2000 3820 91% 02/04/03 2130 3820 79% 02/05/03 2190 3820 74% 02/06/03 2160 3820 77% A segment and direction was determined to be the controlling roadway based on the least percent of reserve capacity as shown by the percentage. Westbound travel on Telegraph Canyon Road was determined to be the constrained segment or segment that "controls" because the reserve capacity was the lowest (31%-33%) as compared to all other segments listed. A higher percentage means that more traffic could be added before capacity is reached. /-"'~ ~ Eastern Territories Traffic Capacity Anatysis City of Chula Vista - 8- 3-02-1244 ENGINEER5 FUTURE TRAFFIC VOLUME AND DWELLING UNITS The remaining capacity on the constrained segment of Telegraph Canyon Road in the westbound direction was used to determine the number of new dwelling units that could be added. This process included the following steps: 1) A 10% increase in overall westbound Telegraph Canyon Road traffic was assumed in the future due to increases in non-residential traffic. This non- residential traffic includes background, passer-by, and other traffic using Telegraph Can~on Road. 2) A key assumption concerns the percentage of future eastern territory residents who will utilize Telegraph Canyon Road for their AM westbound peak period commute. Several factors were considered in order to estimate this percentage. First, there are generally four main routes to 1-805, Bonita Road, East H Street, Telegraph Canyon Road and Olympic Parkway. It is expected that due to a greater portion of future homes being in the southern areas of the eastern territories, that there will be more traffic using the more southem roadways. Second, a portion of AM peak hour trips will remain within the immediate area of the residences or utilize other minor arterials. Third, a recent survey (before Olympic Parkway was opened to Hunte Parkway) conducted by SANDAG and the City of Chula Vista (Godre Research/ESTC, February 2002) indicated that approximately 80% of eastern Chula Vista commuters use Telegraph Canyon Road, East H Street or Olympic Parkway. Overall, it is estimated that 25% of future westbound AM peak period trips will utilize Telegraph Canyon Road as shown on Figure 2. 3) 4) Future residential units were assumed to generate 9.3 ADT per home, with 8% of the traffic during the AM peak hour and a 70/30 outbound/inbound split. The trip generation rate of 9.3 trips per household was based on the historic and recently permitted split between single- and multi-family homes in Chula Vista. Calculations are included in Appendix D. The TMP threshold was used as the trigger to determine the number of residential dwelling units that could be constructed and occupied. The TMP threshold based on the GMOC states that no more than two hours of Level of Service D is allowed. The next measurable increment of time in terms of potentially exceeding the TMP threshold is 30 minutes. Therefore, a two and a half hour time frame was utilized as the time threshold to determine the amount of additional dwelling units that would cause the TMP threshold to be exceeded. Table 6 shows that the TMP threshold of LOS D was exceeded on westbound Telegraph Canyon Road once 6,154 units are constructed (5,385 + 6,923 = 12,308 divided by 2 = 6,154). Since the baseline traffic counts were conducted in late 2002 and early-2003, the starting point for the additional dwelling unit count is January 1, 2003. / '"7 ~' ~'~ Eastern Territories TraffiCcityCapacitYof ChuJaAnalySiSvista - 9 - 3-02-'1244 I..- toe"iD The calculated unit count does not include units that could be gained if additional lanes were provided on East H Street and Telegraph Canyon Road. The benefit of providing these additional lanes was the subject of other traffic analyses, which are included in Appendix E. Ramp meters were assumed to not be installed at the 1-805 ramps. TABLE 6 NEW HOME CAPACITY ON WESTBOUND TELEGRAPH CANYON ROAD NUMBER OF PEAK HOUR VOLUMES DWELLING UNITS Conv. from Assignment Jan Hourly Non- Vehicles to to WB 2003 LOS Reserve Residential Directional Split Dwelling Telegraph Average D Capacity Use on Telegraph Units Only Multiplication Factor; 10% 70% (6-10AM 8% of ADT) 1.9231 25% 30% (3-TPM 10% of ADT) 3.3333 50% (other 3% of ADT) 6.6666 12:00-1:00 AM 120 2810 2690 2420 50% 16133 64533 1:00-2:00 AM 70 2810 2740 2470 50% 16467 65666 2:00-3:00 AM 60 2810 2750 2470 50% 16467 65866 3:00-4:00 AM 90 2810 2720 2450 50% 16333 65333 4:00-5:00 AM 280 2810 2530 2280 50% 15200 60799 5:00-6:00 AM 1010 2810 1800 1620 50% 10800 43200 6:00-7:00 AM 1810 2810 1000 900 70% 1731 6923 7:00-8:00 AM 2050 28t0 760 680 70% 1308 5231 8:00-9:00 AM 2030 2810 780 700 70% 1346 5385 9:00-10:00 AM 1670 2810 1140 1030 70% 1981 7923 10:00-11:00 AM 1490 2810 1320 1190 50% 7933 31733 11:00-12:00 PM 1540 2810 1270 1140 50% 7600 30400 12:00-1:00 PM 1540 2810 1270 I140 50% 7600 30400 1:00-2:00 PM 1500 2810 1310 1180 50% 7867 31466 2:00-3:00 PM 1630 2810 1180 1060 50% 7067 28266 3:00-4:00 PM 1930 2810 880 790 30% 2633 10533 4:00-5:00 PM 1650 '2810 1160 1040 30% 3467 13867 5:00-6:00 PM 1650 2810 1160 1040 30% 3467 13867 6:00-7:00 PM 1370 2810 1440 1300 30% 4333 17333 7:00-8:00 PM 1050 2810 1760 1580 50% 10533 42133 8:00-9:00 PM 960 2810 1850 1660 50% 11067 44266 9:00-10:00 PM 840 2810 1970 1770 50% 11800 47200 10:00-11:00 PM 480 2810 2330 2100 50% 14000 55999 11:00-12:00 PM 300 2810 2510 2260 .. _ 50% 15067 60266 TMP Threshold (based on 30 minute increment past the 2-hour threshold): 1s~ Hour of LOS D (7:00-8:00 AM) 5,231 Dwelling Units 2nd Hour of LOS D (8:00-9:00 AM) 5,385 Dwelling Units 2 % Hours of LOS D (Average of 2"d Hour and 3r~ Hour) 6,154 Dwelling Units 3~ Hour of LOS D (6:00-7:00 PM) 6,923 Dwelling Units Notes: Example calculation for conversion of voJume to house: 100 homes x 9.3 ADT = 930 ADT => 74 Pk Hr AM peak for 2-way (8% of ADT) => 52 Pk Hr t-way (74 x 0.7 f~om 70/30 split) => rate of vehicles per dwelling units => 100/52 = 1.9231 vehicles/dwelling unit. Example calculation for conversion from vehfcJes to dwelling units: 1,731 dweJiing units x 9.3 ADT -~ 16,098 ADT x 8% = 1,288 AM peak hour x 70% = 900 peak hour vehicle trips. Example calculation for assignment to WB Telegraph: 6,923 dwelling units x 25% = 1,731 dwelling units. {7-bi Eastern Territories Traffic Capaci~ Analysis City of Chula Vista 34~2-1244 CONCLUSIONS With a starting date of January 1, 2003, it is predicted that about 6,150 residential dwelling units could be constructed and occupied before the TMP threshold would be exceeded. This amount assumes no roadway improvements are constructed. LLG has conducted previous analyses under separate cover (see Appendix E) that estimated the amount of dwelling units, which could be constructed if specific roadway improvements were constructed. These past analyses indicated the following: 1) 600 additional units could be provided if an additional lane was provided on East H Street approaching 1-805, 2) 1,300 additional units could be constructed if an additional lane was provided on Telegraph Canyon Road approaching 1-805, and 3) 940 additional units could be built if the 1-805/Olympic Parkway Interchange improvements were constructed. In summary, a total of 8,990 residential dwelling units could be constructed as shown in Table 7. A graphic display of the capacities along a time line are shown in Figure 3. TABLE 7 RESIDENTIAL DWELLING UNIT SUMMARY Capacity and Improvements 1 ) TMP Threshold Capacity 2) East H Street--Additional Lane 3) Telegraph Canyon Road--Additional Lane 4) Olympic Parkway--Interchange Improvements Estimated Completion Date Now June 2003 Dec 2003 Feb 2005 Total Additional Dwelling Units 6,150 residential dwelling units 600 residential dwelling units 1,300 residential dwelling units 940 residential dwelling units 8,990 residential dwelling units Eastern Territories Traffic Capacity Anal)sis City of Chula Vis~ 3-02~12/.L4 $£1NN ONFl~3~O 9VLtN3OI$3W Recording requested by: City of Chula Vista After recording return to: City Clerk's Office City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 This space for Rec°rder's use only AGREEMENT FOR MONITORING OF BUILDING PERMITS This Agreement for the Monitoring of Building Permits ("Agreement") is made as of this __ day of , 2003, by and between the CITY OF CHULA VISTA, a municipal corporation ("City"), and McMILLIN ROLLING HILLS RANCH, LLC, a Delaware limited liability company ("Developer") with reference to the following recitals: RECITALS 1. The Property. This Agreement concerns and affects certain real property located in Chula Vista, California, more particularly described on Exhibit "A" attached hereto and incorpsrated herein ("Property"). 2. Project. The Property is a master planned community commonly known as "Rolling Hills Ranch" ("Project"). The City Council approved a General Development Plan, SPA Plan, Public Facility Financing Plans ("PFFP"), Tentative Map No. 92-02 and other various entitlements (referred to herein collectively as "Entitlements"), and certified Final Environmental Impact Report 91-03 for development of the Project. 3. Mitigation Measures. In order to mitigate the Project, Tentative Map Condition Nos. 1 and 3 of Section 7 (as amended on June 13, 2000) limits development to 1,665 EDU's. 4. Sequence of Mitigation. Tentative Map Condition No. 3 provides that the sequence of mitigation may, at the discretion of the Director of Planning, be changed if cimumstances warrant such revision. 5. Growth Management Element. The Growth Management Element of the City's General Plan sets forth goals, policies and objectives which, among other things, ensure that the pace and pattern of residential development is coordinated with the provision for adequate public facilities and services. To this end, Growth Management Policy 4.2(e) calls for the use of threshold standards to define the minimum acceptable level of public facilities and service that maintains a quality environment while allowing development to continue and to mordtor these facilities. 6. Growth Management Ordinance. The City of Chula Vista enacted the Growth Management Ordinance (Chapter 19.09 of the Chula Vista Mtmicipal Code) (referred to herein as "Growth Management Ordinance") to ensure that public facilities, services and improvements meeting city standards exist or become available concurrent with the need created by new development and to prevent growth which has been planned for by the City to proceed unless adequate public facilities and improvements are provided in a phased and logical fashion as required by the General Plan. The Growth Management Ordinance establishes quality of life threshold for public facilities. 7. Change in Sequence. The Director of Planning and Building has determined that it is appropriate to change the sequence of mitigation set forth in Tentative Map Condition Nos. 1 and 3 of Section 7 to substitute the 1665 EDU's with the Monitoring Program established by this Agreement. The City has determined that based upon the Traffic Study described by Paragraph 8 of this Agreement, the Monitoring Program is an equivalent or more effective mitigation measure. 8. Traffic Study. The parties have reviewed the Traffic Study prepared by Linscott, Law and Greenspan dated April 10, 2002 and a portion of which is attached hereto as Exhibit "D", and based upon that study has determined that a certain nun~ber of building permits east of 1-805, may be issued without exceeding the City's current ability to provide public transportation facilities concurrent with residential growth which will not result in a reduction in level of service thresholds (as set forth in the Growth Management Ordinance) if certain transportation improvements have been constructed. 9. Municipal Authority. The City of Chula Vista, California, pursuant to Article XI of the California Constitution and the City Charter of the City of Chula Vista, may adopt and enforce all ordinances and regulations with respect to municipal affairs, including the authority to adopt and enforce general and specific plans, zoning and subdivision regulations, and other land use control measures to protect and promote the public health, safety and welfare of its citizens. 10. Alternative Measure. The parties have determined that residential development at the current rate will outpace the provision of needed transportation facilities, thereby posing a substantial risk to the public health and safety of the community. The City Council further determines and, Developer concurs, that in compliance with the Project's mitigation measure, that the change in sequence of mitigation in accordance with the Traffic Study shall protect the public health and safety by preventing the rate of development from exceeding the ability to provide public facilities in an orderly and phased manner consistent with the intent and purpose of said mitigation, Growth Management Ordinance and Growth Management Element of the . Progress Guide and General Plan. 11, Monitoring Program. To ensure the maintenance of the Chula Vista Quality of Life Threshold Standards, meet the mitigation requirements of the Project, and stabilize the rate of residential development within the eastern Chula Vista, the City, Developer and other developers within eastern Chula Vista, determine it necessary to undertake steps to implement a program, as set forth in this'Agreement, for monitoring of building permits in order to implement the Growth Management ordinance and mitigation of its Project ("Monitoring Program"). NOW, THEREFORE, the parties agrees as follows: A. Agreement Applicable to Subsequent Owners. Am'eement Bindin~ upon Successors. This Agreement shall be binding upon and inure to the benefit of the successors, assigns and interests of the parties as to any or all of the Property, as described on Exhibit "A", until released by the mutual consent of the parties. Agreement Runs with the Land~ The burden of the covenants contained in this Agreement benefit and burdens the Property, its successors and assigns and any successor in interest thereto as well as benefit the City. City is deemed the sole beneficiary of such covenants for and in its own right and for the purposes of protecting the interest of the community and the public, in whose favor and for whose benefit of such covenants running with the land have been provided without regard to whether City has been, remained or are owners of any particular land or interests therein. If such covenants are breached, the City shall have the right to exemise all rights and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach to which it or any other beneficiaries of this Agreement and the covenants may be entitled. Release to Individual Homeowners. Upon conveyance of a residential unit to an individual homeowner, such lot shall be released fi.om the obligation under this Agreement and as against Developer's successors in interest to such lot. B. Building Permit Definition. The specific provisions of this Agreement shall apply to building permits for residential development. For purposes of this Agreement only, "building permits" means permits issued for the construction of new dwelling units requiring issuance ora building permit, but does not include the exceptions set forth in Paragraph E herein, and remodeling, additions, rehabilitation or other improvements to an existing structure, or rebuilding or replacement of an existing structure, provided such activities do not result in an increase in dwelling units. C. Duration. This Agreement shall commence upon the Effective Date of this Agreement and terminate on March 31, 2006. D. Projects Governed by the Monitoring Program: The Monitoring Program shall govern all phases of the development of the Property as depicted in theEntitlements, which are 17-67 owned by the Developer and its successors in interests, which are subject to the numeric development threshold described in Paragraph 3 of this Agreement. E. Projects Not Governed by the Monitoring Program. City and Developer agree that the following types of development projects shall not be subject to this Agreement: Affordable housing units which meet the criteria for affordable housing as set forth in the City's Housing Element of the General Plan and will be constructed pursuant to a fully executed City of Chula Vista Affordable Housing Agreement; and Development projects which are not subject to a numeric development threshold (building permit limitation) and have met their major infrastructure obligations as required by that project's entitlements and the Growth Management Ordinance, as such projects are more fully described on Exhibit "C"; and Model Homes constructed for the Project; provided however, the building permit for that model home shall count, against the Developer's total allocation of building permits within the year the final inspection for that model home allows occupancy. For purposes of this paragraph "model home" means a home used for the purpose of marketing similar homes within the Project during the time these homes are offered for sale to the public. Model homes are not permanently occupied and there is no transfer of ownership to an individual homebuyer, other than to a private investor. 4. Commercial and Industrial development and other nonresidential development. F. Permit Limitations. Developer understands and agrees that the total number of building permits for all phases of development of the Property are subject to the Monitoring Program. The total number of building permits to be issued by the City for the Projects listed on Exhibit "B" shall not exceed 6630 building permits for the term of said Program. The annual distribution, commencing from April 1 to March 31 of each year for development projects subject to the Monitoring Program shall be as follows: Year Permits (April 1 to March 31) 4/1/03-3/31/04 2475 4/1/04-3/31/05 2375 4/1/05-3/31/06 1780 Total 6630 4 Developer agrees that its share of the building permits for each year of the Monitoring Program shall be in the amount set forth in Exhibit "B," which shall control the number of building permits that shall be issued by the City for the Property. Any building permits issued within the Property, whether obtained by Developer or its successors interest (e.g., its merchant builders) shall be counted against Developer's allocation shown on Exhibit "B." Developer agrees not to request building permits, which would exceed its allocation total for each of the years of the Monitoring Program. Developer shall be responsible for obtaining compliance with its allocation obligations as set forth in this Agreement fi.om all applicable parties. Any building permits not issued fi.om the total allocated in any given year will be added to the subsequent year's allocation. If two or more developers agree in writing to reassign permits amongst themselves, the City shall adjust the permit schedule and issue permits in accordance with the reassignment agreement(s) so long as the reassignments do not exceed the yearly allocation and the other terms of the Monitoring Program. G. Other Conditions of Approval. Other then as specifically provided for in this Agreement, nothing herein shall be construed as relieving Developer fi.om complying with the Project's other conditions of its Entitlements and all City regulations, standards and policies, including the City Growth Management Program, and related threshold standards. Furthermore, the total number of residential units for the Project remain unchanged as set forth in the Entitlement. H. Completion of Roadway Improvements. Notwithstanding the foregoing, Developer understands and agrees that the number of building permits attributed to each of the improvements as shown on Exhibit "E", shall be available to be allocated under the terms of this Agreement upon the completion of such roadway improvements. For example, the completion of Olympic Parkway and other completed improvements (as described in the Traffic study) added 6, 150 building permits available to be issued by the City, beginning as of January 1, 2003. Other traffic enhancement improvements listed on Exhibit "E' provide capacity for additional building permits in the amounts shown on Exhibit "E." If any of the roadway improvements are not completed by the dates shown, then the corresponding number of building permits attributed to said imp[ovements shall be deducted by thc City from the total number of building permits to be issued for the last twelve (12) months of the Monitoring Program. The amount deducted shall be prorated against all the developers' totals shown on Exhibit "B" on a proportionate basis. If the traffic improvement is later completed, the number of building permits attributed to said improvement shall be added back to the total available to be allocated based upon the same pro rata formula. For purposes of this paragraph the term "completion of improvements" shall mean when said improvements are open to the public for use. Nothing herein shall limit the City's ability to pursue other legal remedies available through other Agreements (i.e. Traffic Enhancement Agreement) with respect to the completion of the traffic enhancement improvements. 5 I. Traffic Enhancement Agreement. Notwithstanding any provisions to the contrary herein, Developer acknowledges and agrees that upon execution of this Agreement by the City, the City has fully and completely satisfied City's obligations as set forth in Article 2 (Sections 2.1 through 2.3) of that certain Agreement for Financing and Construction of Roadway Improvements for Traffic Enhancements, approVed by the City Council by Resolution 2002-376 ("Traffic Enhancement Agreement"). In particular, the City shall not be required to process nor present for City Cotmcil consideration any amendments to Developer's Project entitlements as described in paragraph 2. l(b) of said Traffic Enhancement Agreement. Notwithstanding the foregoing, all other terms, conditions, and obligations of the Traffic Enhancement Agreement shall remain in full force and effect. J. Growth Management Ordinance. Notwithstanding any provisions to the contrary herein, Developer acknowledges and agrees that nothing herein shall be construed as to restrict the City's ability to exercise its discretion as provided by the Growth Management Program, as may be amended from time to time. Developer and City agree that this Agreement is consistent with the Growth Management Element, Growth Management Ordinance, Tentative Map Conditions and other provisions of the Entitlements. K. Indemnification. Provided the City is not in material breach of this Agreement, Developer and each of the property owners for which this Agreement is recorded against (jointly referred to in this paragraph as "Indemnitor") shall solely and jointly be responsible to defend, indemnify and hold harmless the City, its elected and appointed officers and employees, from and against any claims, suits, actions or proceedings, judicial or administrative, for writs, orders, injunction or other relief, damages, liability, cost and expense (including without limitation attomeys' fees) arising from this Agreement and the City's actions in processing or issuing building permits in accordance with the agreement, the State Building Code, and other laws, policies and regulations as applicable, or in exercising any discretion related thereto. Indemnitor's indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents or employees in defending against such claims, whether the same proceed to judgment or not. Further, Indemnitor, at its own expense, shall upon written request by the City, defend any such suit or action brought against the City, its officers, agents or employees. Upon Indemnitee exercising such option to tender a defense, Indemnitee shall reasonably cooperate in the defense of such action. At its sole discretion, the City may participate, at its own expense, in the defense of any such action, but such participation shall not relieve Indemnitor of any obligation imposed by this Agreement. If the City decides not to tender its defense to lndemnitor, City and Indemnitor each agree to reasonably cooperate with each other in the defense of such action. Both parties to this Agreement (Indemnitor and Indemnitee) shall have the right to initiate negotiations with a claimant in a proceedings described herein to end litigation by settlement. Each party has the duty to notify the other party of settlement negotiations at the earliest possible stage of initiation of said negotiations. Each party shall cooperate in good faith in said negotiations. Nothing herein shall obligate the City to grant or exercise its discretion on any matter which the City has a right to exercise such discretion, in order to implement the terms and conditions of a settlement agreement. L. City Authority to Issue Permits. Nothing herein shall be construed as limiting the City's authority to withhold final or interim inspection of units for which building permits may have been issued or the issuance of building permits or certificates of occupancy in accordance with the State Building Code, or other laws and regulations as applicable or if the required fees are not received by the city M. Tentative Map Condition. Developer requested and City agrees that the sequence of mitigation for the Project be modified by substituting the Tentative Map Conditions Nos. 1 and 3 of Section 7 EDU cap of "1665 EDUs" with the Monitoring Program established by this Agreement between Developer and City. The Planning Department shall revise the appropriate provisions in the Entitlements to include this change in sequence. N. General Provisions. 1. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of California. 2. Effective Date. The terms and conditions of this Agreement shall be effective as of the date this Agreement is approved by the City Council. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be original and all of which shall constitute one and the same document. Entire Agreement. This Agreement embodies the entire agreement and understanding between the parties regarding the subject matter hereof, and any and all prior or contemporaneous oral or written representations, agreements, Entitlements, understandings and/or statements shall be of no rome and effect. 5. Recitals, Exhibits. Any recitals set forth above and any attached exhibits and diagrams are incorporated by reference into this Agreement. Authority of Simaatories. Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity ~x~d direction from its principal to enter into this Agreement, and that all resolutions and/or actions or agreements have been taken so as to enable said signatory to enter into this Agreement on behalf of and to bind the real property owners for which this Agreement shall be recorded against. Modification. This Agreement may not be modified, terminated or rescinded, in whole or in part, except by written instrument duly executed and acknowledged by the parties hereto, their successors or assigns. Preparation of A~reement. No inference, assumption or presumption shall be drawn fi.om the fact that a party or its attomey prepared and/or dratted this Agreement. It shall be conclusively presumed that all parties participated equally in the preparation and/or drafting of this Agreement. /7-71 9. Third Party Beneficiaries. Notwithstanding any other provision of this Agreement to the contrary nothing herein is intended to create any third party beneficiaries under this Agreement, and no person or entity other than City, and Developer and the permitted successors and assignee of each of them, shall be authorized to enforce the provisions of this Agreement. 10. Develover Particivation. Developer representatives that it has participated in the establishment of the Monitoring Program, this Agreement and Exhibit "B" hereto. Developer agrees to the schedule provided within Exhibit "B" as it pertains to development of the Project and other projects within the Monitoring Program. [NEXT PAGE IS SIGNATURE PAGE] 8 SIGNATURE PAGE TO AGREEMENT FOR MONITORING OF BUILDING PERMITS Page 2 of 2 McMILLIN ROLLING HILLS RANCH, LLC A Delaware limited liability company By: McMillin Management Services, L.P. A California Limited Partnership Its: Manager By: Corky McMillin Construction Services, Inc. A California Corporation Its: General Partner By: Its: 17 STATE OF CALIFORNIA }ss. COUNTY OF SAN DIEGO } On April 11, 2003, before me, Carol L. Bond, a Notary Public in and for said County and State, personally appeared Kenneth S. Baumgartner and David C. Gatzke, personally known to me (or proved ~n~ee on the basis of satisfactory evidence)to be the persor~/~whose nam~ subscribed to the within instrument and acknowledged to_~l~ tl~t ~Te/sfmAhey executed the sarrle~n h:,o-Cner/their authorized cal~ci~, and that by his/he~,/their signature s~on the instrument the perso~s~ or the entity upon behalf of which the person~ acted, executed the instrumen'~ t. WITNESS Signature L land and official seal. ;~ ~=~cj~ Comm. t 1216042 San Diego Courtly <;~,,,,i~. t. 1216042 ~a ,~, ;~ ,iEUC.CAUFOFINI~ VI r ~ ~'' Expires Apdlt6,2003 ~', NOTAllY ~UBUC - CAUFORNIA ~ ~..'5 ?.,.c:.".": L?..~'! 'L~:.'t Rollin~ Hills Ranch NB 8 Remainder Parcels Lots A and B of Chula Vista Tract No. 92-02, Salt Creek Ranch Neighborhood 8 Unit No. 3, according to Map No. 14478, filed in the office of the County Recorder of San Diego County, October 16, 2002. NB 4A Remaining Parcel Parcel 1 of Parcel Map 18595 as recorded in the office of the County Recorder of San Diego County, December 7, 2000 as document No. 2000-0665468 NB 7 School Site Lot B of Chula Vista Tract No. 92-02, Salt Creek Ranch Neighborhood 7 Unit No. 1, according to Map No. 14164, filed in the office of the County Recorder of San Diego County, March 14, 2001. NB 9-12 - see attached legal description ORDER NO. 1264130-15 THE LAND REFERRED TO HEREIN IS SITUArED 1N THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: PARCEL l: THE NORTH HALF OF THE SOUTHWEST QUARTER OF SECTION 25, TOWNSHIP 17 SOUTH, RANGE l WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF. EXCEPTING THEREFROM THAT PORTION DESCRIBED IN DEED TO HENRY G. FENTON, RECORDED AUGUST 31, 1938 IN BOOK 810, PAGE 380 OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THAT PORTION LYING WITHIN CHULA VISTA TRACT NO. 92-02 SALT CREEK RANCH NEIGHBORHOOD 7 UNIT NO. 2, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14165, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 14, 2001. PARCEL 2: THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 17 SOUTH, RANGE 1 WEST, SAN BEKNAKDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, APPROVED APRIL 17, 1883_ EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE SOUTHERN CALIFORNIA MOUNTAIN WATER COMPANY, BY DEED DATED MAY 19, 1896 IN BOOK 253, PAGE 100 OF DEEDS, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT LOCATED NORTH 34"30' WEST 2,575 FEET FROM THE SOUTHEAST CORNER OF SAID SECTION 26, THENCE TRUE NORTH 67.20 FEET (RECORD NORTH 67.00 FEET); THENCE TRUE WEST 300 FEET; THENCE TRUE SOUTH 145.2 FEET; THENCE TRUE EAST 300 FEET; THENCE TRUE NORTH 78.2 FEET TO POINT OF COMMENCEMENT. ALSO EXCEPTING THEREFROM THOSE PORTIONS OF PARCEL A AND B DESCRIBED IN INSTRUMENT RECORDED JULY 9, 1997 AS FILE NO. 1997-0322397 OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THAT PORTION LYING WITHIN CHULA VISTA NO. 92~02 SALT CREEK RANCH NEIGHBORHOOD 6 UNIT NO. 6, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13694, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 3, 1998. PAGE 7 /7 ORDER NO. 1264130-15 ALSO EXCEPTING THEREFROM THAT PORTION LYING WITHIN CHULA VISTA TRACT NO. 92-02 SALT CREEK RANCH NEIGHBORHOOD 7 UNIT NO. 1, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14164, FIELD IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 14, 2001. ALSO EXCEPTING THEREFROM THAT PORTION LYING WITHIN CHULA VISTA TRACT NO. 92-02 SALT CREEK RANCH NEIGHBORHOOD 7 UNIT NO. 2, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14165, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 14, 2001. ALSO EXCEPTING THEREFROM THAT PORTION LYING WITHIN CHULA VISTA TRACT NO. 92-02 SALT CREEK RANCH NEIGHBORHOOD 8 UNIT NO. 1, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14192, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 24, 2001. ALSO EXCEPTING THEREFROM THAT PORTION LYING WITHIN CHULA VISTA TRACT NO. 92-02 SALT CREEK RANCH NEIGHBORHOOD 8 UNIT NO. 2, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14193, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 24, 2001, pARCEL 3: THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 23 AND THE NORTH HALF OF THE SOUTHWEST QUARTER OF SECTION 24, ALL IN TOWNSHI? 17 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF. PARCEL 4: THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER AND THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 17 SOUTH, RANGE I WEST, SAN BERNARDINO MERIDIAN, CODNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF. EXCEPTING THEREFROM THAT PORTION LYING WITHIN CHULA vISTA TRACT NO. 92-02 SALT CREEK RANCH NEIGHBORHOOD 7, UNIT 2, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14165, FI~ED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH t4, 2001. PARCEL 5: THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 25, TOWNSHIP 17 SOUTH, RANGE 1 WEST, SAN BEKNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNfI~ED STATES GOVERNMENT SURVEY TI-IEREOF. PAGE 8 /7-77 PARCEL 6: ORDER NO, 1264130-15 THE WEST THREE QUARTERS OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 24, THE WEST TREE QUARTERS OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 25, TOWNSI-I~ 17 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, COUNTY OF SAN DIEGO~ STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF. pARCEL 7: THE SOUTHEAST QUARTER OF THE SOLrIItWEST QUARTER AND THE EAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 24; THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER, THE EAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER AND THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 25, ALL BEING IN TOWNSHIP 17 SOUTH RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, APPROVED APRIL 17, 1883. PARCEL 8: THAT PORTION OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SECTION 25, TOWNSHIP 17 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, COUNTY OF SAN DIEGO, STATE OF CALn~ORNIA, ACCORDING TO UN~TED STATES GOVERNMENT SLFRVEY APPROVED APKIL 17, 1883, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID SOUTH HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 25, DISTANT THEREON SOUTH 88°53'30" EAST 1 I36.70 FEET FROM THE NORTHWEST CORNER THEREOF; THENCE SOUTH 41048'30'' EAST 1817 FEET, MORE OR LESS. TO A POINT ON THE SOUTH LINE OF SAID SECTION 25, SAID SOUTH LINE BEING ALSO THE NORTH BOUNDARY LINE OF RANCHO JANAL; THENCE ALONG SAID BOUNDARY LINE SOUTH 88049, EAST TO THE EAST LINE OF SAID SOUTH HALF OF SOUTHWEST QUARTER OF SAID SECTION 25; TI-IENCE ALONG SAID EAST LINE NORTH 0°12, EAST 1332.13 FEET TO A FOUR - INCH CONCRETE FILLED PIPE SET IN STONE MUND FOR NORTHEAST CORNER OF SAID SOUTH HALF OF SOUTHWEST QUARTER, AND AS SHOWN ON RECORD OF SURVEY MAP NO. 663 ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY; THENCE ALONG THE NORTH LINE OF SAID SOUTH HALF OF SOUTHWEST QUARTER NORTH 88053'30'' WEST 1578.87 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION DESCRIBED IN DEED OT THE SOUTHERN CALIFORNIA MOUNTAIN WATER COMPANY, RECORDED MAY 4, 1905 IN BOOK 363, PAGE 154 OF DEEDS. PARCEL 9: THE SOUTItWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 17 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF. PAGE9 / V-7£ EXCEPTING THEREFROM THAT PORTION LYING WITHIN CHULA VISTA TRACT NO. 92-02 SALT CREEK RANCH NEIGHBORHOOD 7 UNIT NO. 1, 1N THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14164, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 14, 2001. ALSO EXCEPTING THEREFROM THAT PORTION LYING WITHIN CtlULA VISTA TRACT NO. 92-02 SALT CREEK RANCH NEIGHBORHOOD 7 UNIT NO. 2, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14165, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 14, 2001. ALSO EXCEPTING THEREFROM THAT PORTION LYING WITHIN CHULA VISTA TRACT NO. 92-02 SALT CREEK RANCH NEIGHBORHOOD 7 UNIT NO. 3, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14166, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 14, 200L PARCEL 10: THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 17 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, APPROVED APRIL 17, 1883, DESCKIBED AS FOLLOWS: COMMENCING AT A POINT LOCATED NORTH 34°30' WEST 2,575 FEET FROM THE SOUTHEAST CORNEK OF SAID SECTION 26, THENCE TRUE NORTH 67.20 FEET (RECORD NOKTH 67.00 FEET); THENCE TRUE WEST 300 FEET; THENCE TRUE SOUTH 145.2 FEET; THENCE TRUE EAST 300 FEET; THENCE TRUE NORTH 78.2 FEET TO POINT OF COMMENCEMENT. EXCEPTING THEREFROM THAT PORTION LYING WITHIN CHULA VISTA TRACT NO. 92-02 SALT CREEK RANCH NEIGHBORHOOD 7 UNIT NO. 2, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14165, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 14, 2001. 5-21-2001 PW/MC MAY22,2001 $:IOAM EM PAGE 10 /7- ?q EXHIBIT "B" SALT CREEK RANCH NEIGHBORHOOD 9 ~ 12 NEIGHBORHOOD 9~1£ [~ HUNSAKER & AS$OCIATES SAN DIEGO, INC. EXHIBIT "l~" CHULA VISTA TRACT NO. 92-02 LOT "B" SALT CREEK RANCH NEIGHBORHOOD 7 UNIT NO. 1 EXHIBIT "l~" CHULA VISTA TRACT NO. 92-02 LOTS "A"& "B" SALT CREEK RANCH NEIGHBORHOOD 8UNIT NO. 3 ~ H~$AKER & ASSOCIATES SAN DIEG~, EXHIBIT "~" PARCEL 1 SALT CREEK RANCH PARCEL MAP NO. 18595 NEIGHBORHOOD 4A PARCEL 2 / / PARCEL 3  HL rNSAKER & A&qOCIA TES SANDIEGO,, INC, Developer The Eastlake Company Brookfield Shea Om':{, LLC McMillin Otay Ranch, LLC Otay Project LP McMillin Rolling Hills Ranch, LLC NNP-Trimark San Miguel Ranch, LLC Bella Lago Exhibit 'B' Project 4/01/03 to 4/01104 to 4/01/05 to 3/31/04 3131/05 3/31106 Eastlake III 620 834 507 Village 11 378 568 492 Village 6 278 307 109 Village 6 1008 299 35 Rolling Hills Ranch 120 153 330 San Miguel Ranch 71 154 227 Bella Lago 0 60 80 Total 2475 2375 1780 6630 t 7-WK E ~ ¢ ~ ~ E E R S EXHIBIT ~] EASTERN TERRITORIES TRAFFIC CAPACITY ANALYSIS CHULA VISTA, CALIFORNIA April 10, 2003 INTRODUCTION The following report estimates the number of additional dwelling units that can be built in the eastern territories of Chula Vista, pre SR-125, before East H Street or Telegraph Canyon Road near 1-805 reach the City of Chula Vista's Traffic Monitoring Program (TMP) thresholds. Additionally, this repor~ includes results from three other traffic studies that estimate the number of additional dwelling units that could be built due to other specific roadway improvements. A preliminary assessment of the study area indicated that either East H Street or Telegraph Canyon Road would be the first to have their Level of Service (LOS) exceed the allowable TMP thresholds. For this reason and because East H Street and Telegraph Canyon Road act as the primary commuter routes, this study focused on these two arterials. The methodology to forecast the future traffic conditions is based on linear regression formulas, which use historical TMP speed and traffic volumes to forecast future travel speeds. This report is structured as follows: · Analysis Methodology · Existing Traffic Conditions · Future Traffic Conditions Prediction · Conclusions Figure 1 is a map showing the limits of the existing TMP analysis segments of East H Street and Telegraph Canyon Road. ANALYSIS METHODOLOGY In general terms, the following methodology was used to estimate the number of additional units (pre SR-125), which could be built in the eastern territories before City threshold standards would be exceeded on East H Street and Telegraph Canyon Road. 1) Trafflc volume counts and speed surveys were conducted in November, December, and February on both Telegraph Canyon Road and East H Street (the most "constrained" roadways in the study area), in both the eastbound and westbound directions. The counts were conducted after Olympic Parkway was extended eastward to Hunte Parkway and open to through traffic. 2) Four linear regression graphs were developed (eastbound Telegraph Canyon Road, westbound Telegraph Canyon Road, eastbound East H Street, westbound East H Street) based on the collected data. Eastern Territories Traffic Capacity Analysis City of Chula Vista E N G J N E E R $ 3) An equation was developed based on each graph relating speed to volume. 4) A table was developed relating voJume to LOS, using Highway Capacity Manual Standards. 5) The amount of hourly traffic volume that could be added to TeJegraph Canyon Road and East H Street was determined based on degradation in LOS until the TMP threshold was exceeded. 6) Residential and non-residential traffic was added to the most constrained segment of Telegraph Canyon Road and East H Street until the TMP threshold was exceeded. 7') This amount of traffic was correlated to a dwelling unit amount in the eastern territories. EXISTING CONDITIONS AVERAGE DALLY TRAFFIC VOLUMES Average Daily Traffic (ADT) volumes for East H Street, Telegraph Canyon Road and Olympic Parkway were obtained from machine counts collected in November 2002, December 2002 and February 2003. The ADT volume data are contained in Appendix A and are summarized in Table 1. SEGMENT TABLE 1 EXISTING ADT VOLUMES WEEKDAY AVERAGE ADT VOLUMES 11118/02-11/21/621 12/2-1216, ,.~/9/02 I 213/03-217103 East H Street West of Hidden Vista Drive Data not available Hidden Vista Drive and Terra Nova Drive 59,400 Del Ray Boulevard and Paseo Del Rey 52,900 Tierra Del Rey and Paseo Ranchero 47,350 Telegraph Canyon Road Halecrest Drive to Oleander Avenue 58,400 Paseo Del Rey to Oleander Avenue Data not available Paseo Del Rey to Medical Center Drive 52,550 Paseo Landera to Paseo Ranchero 42,800 Olympic Parkway Oleander Avenue to Brandywine 27,800 Brandywine to Heritage Road 20,150 Heritage Road to La Media Drive 13,700 Source: LLG Engineers Data notavaiiable 66,700 59,550 53,850 53,800 50,500 47,100 45,550 59,550 60,950 Data notavailable 55,200 52,600 54,000 42,950 44,600 28,100 28,600 22,000 23,050 14,200 16,000 -3- Eastern Territories Traffic Capacity Analysis City of Chula Vista 3-02-1244 E N G I N E ~ R $ CHULA VISTA TRAFFIC MONITORING PROGRAM The Chula Vista TMP is used to assess the operating performance of the City's arterial street system in order to determine compliance with the Threshold Standards of the Growth Management Oversight Commission (GMOC). The threshold standards specify that LOS C or better, as measured by average travel speeds on the arterial, shall be maintained on all signalized arterial segments with an exception during peak hours where LOS D can occur for no more than any two hours of the day. Existing travel speeds along the study arterials were obtained from City of Chula Vista engineering staff, while ADT volumes during the same days were counted by Linscott, Law and Greenspan Engineers (LLG). The TMP data sheets are included in Appendix 13. A summa~ of the TMP speeds, LOS, and associated hourly volumes are included in Table 2. Eastern Territories Traffic Capacity Analysis City of Chula Vista 3-02-1244 ENGINEERS TABLE 2 SUMMARY OF EXISTING HOURLY VOLUMES AND SPEED DATA WITH OLYMPIC PARKWAY OPEN TO HUNTE PARKWAY East H Street Westbound 6-7 AM 7-8 AM 8-9 AM DATE MPH LOS VOL MPH LOS VOL MPH LOS VOL 11/19/02 45.5 A 1470 34 B 1870 33.3 B 1980 11/20/02 39.4 A 1410 33.1 B 1920 28.5 B 1910 12/03/02 31.6 B 1390 31.4 B 1870 26.7 C 1820 12/04/02 38.6 A 1390 30.8 B 1920 31.9 B 1850 12/05/02 34.1 B 1380 30.2 B 1870 29.8 B 1850 12/10/02 35.3 A 1360 32.3 B 1880 35,3 A 1870 02/04/03 33.8 B 1460 28.7 B 2030 27.8 C 2000 02/05/03 36.2 A 1520 26.3 C 2030 29.8 B 2020 02/06/03 32.0 B 1520 32.3 B 2080 31.2 B 2110 Eastbound 3-4 PM 4-5 PM 5-6 PM DATE MPH LOS VOL MPH LOS VOL MPH LOS VOL 11/19/02 38.6 A 1940 35.9 A 1990 32.9 B 2080 11/20/02 28.4 B 2010 30.4 B 1860 30.3 B 2180 12/03/02 33.8 B 1930 28.5 ]3 2070 33.5 E3 2100 12/04/02 30.7 B 1930 31.7 B 2070 30.7 B 2150 12/05/02 28.5 B 1880 28.7 B 2060 30.8 B 2070 12/10/02 30.9 B 1890 37.9 A 2040 33.3 B 2120 02/04/03 31.4 B 2020 35.4 A 2150 30.5 B 2310 02/06/03 36.0 A 1950 32.5 B 2200 30.5 B 2310 Telegraph Canyon Road Westbound 6-7 AM 7-8 AM 8-9 AM DATE MPH LOS VOL MPH LOS VOL MPH LOS VOL 11/19/02 41.4 A 1800 33,5 B 1970 32.4 B 1980 11/20/02 36.9 A 1790 32.4 B 1970 28.8 B 1970 12/03/02 33.1 B 1800 34.3 B 2060 28.5 i3 2020 12/04/02 38.9 A 1780 35.6 A 2060 33.3 B 2030 12/05/02 35.9 A 1790 35.4 A 2060 29.1 B 2040 02/04/03 30.0 B 1870 33~6 B 2140 30.9 ,.~ B 2090 02/05/03 41.9 A 1850 32.8 B 2130 33.9 t3 2040 02/06/03 33,9 B 1870 26.6 C 2120 24.7 C 2090 Eastbound ' ~ -' 3-.4 PM 4~5 PM 5-6 PM DATE MPH LOS VOL MPH LOS VOL MPH LOS VOL 11/19/02 38.6 A 1700 38.0 A 1960 37.9 A 2040 11/20/02 30.9 B 1780 30.7 B 1820 30.7 B 2050 12/04/02 31.6 B 1870 33.8 B 1910 35.2 A 2040 12/05/02 29.5 B 1850 27.4 C 1860 28.3 B 1970 12/10/02 33.3 B 1770 31.1 B 1850 26.6 C 2000 02/04/03 31.1 J3 1770 31.4 13 1940 29.8 B 2130 02/05/03 30.4 13 1910 33.1 B 1900 27.3 C 2190 02/06/03 30.0 13 1800 28.0 13 1980 27.3 C 2160 City of Chula Vista for speeds, which are shown in MPH (i,e. 38.6) LLG for hourly volumes, which are shown in vehicles per hour (i.e. 1940) MPH - Miles/Hour; LOS - Level of Service; VOL - Houdy Volume 1'7-90 Eastern Territories Traffic Capacity Analysis City of Chula Vista 3-02-1244 ENGINEERS FUTURE TRAFFIC CONDITIONS PREDICTION The future roadway capacity was estimated by calculating linear regression equations for each of the study ar[erials from the historical TMP and volume data in Table 2. From the linear regression equations, look-up tables with hourly volumes were calculated for LOS A through Eo Each of the study arterials were evaluated to determine which roadway and direction of travel would be the "constraint" in the street system that would be the first arterial to have its capacity exceeded. Traffic was added to the "constrained" arterial until the TMP threshold of LOS D was reached. And finally, the added traffic was translated into a total number of new dwelling units. LINEAR REGRESSION EQUATIONS A linear regression equation is used to describe the dependence of one vadable on another. For example, as the traffic volume increases on Telegraph Canyon Road, the average travel speed and LOS will decrease. The linear regression equations by direction for each artedal were calculated using the historical TMP speed and associated houdy volumes listed in Table 2. The equations are shown in Table 3 and the linear regression plots are included in Appendix C. TABLE 3 LINEAR REGRESSION EQUATIONS BY ARTERIAL Arterial, Direction and Peak Period I Linear Regression Equation East H Street - Westbound in the AM MPH = 50.7 - 0.0102 x Volume East H Street - Eastbound in the PM MPH = 41.3 - 0.00435 x Volume Telegraph Canyon Road - Westbound in the AM MPH = 72.3 - 0.0197 x Volume Telegraph Canyon Road - Eastbound in the PM MPH = 45.9 - 0.00756 × Volume LOOK-UP TABLE From the linear regression equations, a LOS'15ok-up table by hourly volume was created by plugging in the MPH to determine the associated volume. The hourly volumes LOS thresholds for each scenario are shown in Table 4. Eastern Territories Traffic Capacity Analysis ' City of Chula Vista 3~02-124-4 ENGINEERS LOS MPH East H Street - WB in the AM TABLE 4 LOS LOOKUP TABLE BY HOURLY VOLUME I A I B C I > 35 i > 28 > 22 1,540 I 2,230 2,810 East H Street- EB in the PM 1,450 I 3,060 4,440 Telegraph Canyon Rd -WB in the AM 1,890 I 2,250 2,550 Telegraph Canyon Rd- EB in the PM 1,440 I 2,370 3,160 Ssurce: LLG Engineers. Example calculation: LOS A for East H WB volume using MPH = 50.7 - 0.0102*Volume becomes 35 = 50.7- 0.0102*Volume => -15.7 = -0.0102*Volume => Volume = 1,539 => rounded to 1,540. D E _>t7 <13 3,300 3,7O0 5,590 6,510 2,810 3,010 3,820 4,350 CONSTRAINED SEGMENT Using the collected data, each segment was analyzed to determine which would reach the TMP threshold first. As shown in Table 5, westbound Telegraph Canyon Road was calculated to reach capacity first and therefore is considered to be the constrained segment. Telegraph Canyon Road is considered to be the constrained segment because it has the least amount of reserve capacity. Fewer vehicles can be added to Telegraph Canyon Road before it reaches capacity as compared to East H Street. Additionally, other factors that limit the capacity of Telegraph Canyon Road include friction from multiple driveways and delays from many traffic signals. Eastern Territories Traffic Capacity Analysis City of Chula Vista 3-02-1244 ENGINEERS TABLE 5 CONSTRAINED SEGMENT ANALYSIS Date Highest Peak Volume at LOS D Percentage of Hour Volume from Linear Regression Reserve Capacity Before Equation LOS D is Reached East H Street Westbound 11/19/02 1980 3300 67% 11/20/02 1920 3300 72% 12/03/02 1870 3300 76% 12/04/02 1920 3300 72% 12/05/02 -1870 3300 76% 12/10/02 1880 3300 76% 02/04/03 2030 3300 63% 02/05/03 2030 3300 63% 02/06/03 2110 3300 56% Eastbound 11/19/02 2080 5590 '169% 11/20/02 2180 5590 156% 12/03/02 2100 5590 166% 12/04/02 2150 5590 160% 12/05/02 2070 5590 170% 12/10/02 2120 5590 164% 02/04/03 2310 5590 142% 02/06/03 2310 5590 142% Telegraph Canyon Road Westbound 11/19/02 1980 2810 42% 11/20/02 1970 2810 43% 12/03/02 2060 2810 36% 12/04/02 2060 2810 36% 12/05/02 2060 2810 ~36% 02/04/03 2140 2810 31% - Controls 02/05/03 2130 2810 32% - Controls 02/06/03 2120 2810 33% - Controls Eastbound 11/19/02 2040 3820 87% 11/20/02 2050 3820 86% 12/04/02 2040 3820 87% 12/05/02 ·1970 3820 94% 12/10/02 2000 3820 91% 02/04/03 2130 3820 79% 02/05/03 2190 3820 74% 02/06/03 2160 3820 77% A segment and direction was determined to be the controlling roadway based on the least percent of reserve capacity as shown by the percentage, Westbound travel on Telegraph Canyon Road was determined ~ be the constrained segment or segment that "controls" because the reserve capacity was the lowest (31%-33%) as ' compared to all ether segments listed. A higher percentage means that more traffic could be added before cepacJty is reached. / --~ _ ~.~ Eastern Territories Traffic Capacity Analysis City of Chula Vista - 8 - 3-02-124Z. ENGINEERS FUTURE TRAFFIC VOLUME AND DWELLING UNITS The remaining capacity on the constrained segment of Telegraph Canyon Road in the westbound direction was used to determine the number of new dwelling units that could be added. This process included the following steps: 1) A 10% increase in overall westbound Telegraph Canyon Road traffic was assumed in the future due to increases in non-residential traffic. This non- residential traffic includes background, passer-by, and other traffic using Telegraph Canyon Road. 2) A key assumption concerns the percentage of future eastern territory residents who will utilize Telegraph Canyon Road for their AM westbound peak period commute. Several factors were considered in order to estimate this percentage. First, there are generally four main routes to 1-805, Bonita Road, East H Street, Telegraph Canyon Road and Olympic Parkway. It is expected that due to a greater portion of future homes being in the southern areas of the eastern territories, that there will be more traffic using the more southern roadways. Second, a portion of AM peak hour trips will remain within the immediate area of the residences or utilize other minor arterials. Third, a recent survey (before Olympic Parkway was opened to Hunte Parkway) conducted by SANDAG and the City of Chula Vista (Godre Research/ESTC, February 2002) indicated that approximately 80% of eastern Chuia Vista commuters use Telegraph Canyon Road, East H Street or Olympic Parkway. Overall, it is estimated that 25% of future westbound AM peak period tdps will utilize Telegraph Canyon Road as shown on Figure 2. 3) 4) Future residential units were assumed to generate 9.3 ADT per home, with 8% of the traffic during the AM peak hour and a 70/30 outbound/inbound split. The trip generation rate of 9.3 trips per household was based on the historic and recently permitted split between single- and multi-family homes in Chula Vista. Calculations are included in Appendix D. The TMP threshold was used as the trigger to determine the number of residential dwelling units that could be constructed and occupied. The TMP threshold based on the GMOC states that no more than two hours of Level of Service D is allowed. The next measurable increment of time in terms of potentially exceeding the TMP threshold is 30 minutes. Therefore, a two and a half hour time frame was utilized as the time threshold to determine the amount of additional dwelling units that would cause the TMP threshold to be exceeded. Table 6 shows that the TMP threshold of LOS D was exceeded on westbound Telegraph Canyon Road once 6,154 units are constructed (5,385 + 6,923 = 12,308 divided by 2 = 6,154). Since the baseline traffic counts were conducted in late 2002 and early2003, the starting point for the additional dwelling unit count is January 1, 2003. - 9 - 3-02-1244 ENGINEERS The calculated unit count does not include units that could be gained if additional lanes were provided on East H Street and Telegraph Canyon Road. The benefit of providing these additional lanes was the subject of other traffic analyses, which are included in Appendix E. Ramp meters were assumed to not be installed at the 1-805 ramps. TABLE6 NEW HOME CAPACITYON WESTBOUNDTELEGRAPH CANYON ROAD NUMBER OF PEAKHOURVOLUMES Jan Hourly Non- 2083 LOS Reserve Residential Directional Split Average D Capacity Use on Telegraph Multiplication Factor: 10% 70% (6-10AM 8% of ADT) 30% (3-7PM 10% of ADT) 50% (other 3% of ADT) 12:00-1:00 AM 120 2810 2690 2420 50% 1:00-2:00 AM 70 2810 2740 2470 50% 2:00-3:00 AM 60 2810 2750 2470 50% 3:00-4:00 AM 90 2810 2720 2450 50% 4:00-5:00 AM 280 2810 2530 2280 50% 5:00-6:00 AM 1010 2810 1800 1620 50% 6:00-7:00 AM 1810 2810 1000 900 70% 7:00-8:00 AM 2050 2810 760 680 70% 8:00-9:00 AM 2030 2810 780 700 70% 9:00-10:00 AM 1670 2810 1140 1030 70% 10:00-11:00 AM 1490 2810 1320 1190 50% 11:60-12:00 PM 1540 2810 1270 1140 50% 12:00-1:00 PM 1540 2810 1270 1140 50% 1:00-2:00 PM 1500 2810 1310 1180 50% 2:00-3:00 PM 1630 2610 1180 1060 50% 3:00-4:00 PM 1930 2810 880 790 30% 4:00-5:00 PM 1650 2810 1160 1040 30% :5:00-6:00 PM 1650 2810 1160 1040 30% 6:00-7:00 PM 1370 2810 1440 1300 30% 7:00-8:00 PM 1050 2810 1760 1580 50% ,8:00-9:00 PM 960 2810 1850 1660 50% ,.~ 9:00-10:00 PM 840 2810 1970 1770 50% 10:00-11:00 PM 480 2810 2330 2100 50% 11:00-12:00 PM 300 2810 2510 2260 .. ~- 50% TMP Threshold (based on 30 minute increment past the 2-hour threshold): 1st Hour of LOS D (7:00-8:00 AM) 2"4 Hour of LOS D (8:00-9:00 AM) 2 ~ Houm of LOS D (Average of 2~¢ Hour and 34 Hour) 3rd Hour of LOS D (6:00-7:00 PM) Notes: DWELLING UNITS Cony. ~om Assignment Vehicles to to WB Dwelling Telegraph Uni~ Only 1.9231 25% 3.3333 6.6666 16133 64533 16467 65866 16467 65866 16333 65333 15200 60799 10800 43200 1731 6923 1308 8231 1346 6385 1981 7923 7933 31733 760O 3040O 7600 30400 7867 31466 7067 28266 2633 10533 3467 13867 3467 13867 4333 17333 10533 42133 11067 44266 11800 47200 14000 55999 15067 6O266 5,231 Dwelling Units 5,385 Dwelling Units 6,154 Dwelling Units 6,923 Dwelling Units Example calculation for conversion of volume to house: 100 homes x 9.3 ADT = 930 ADT => 74 Pk Hr AM peak for 2-way (8% of ADT) => 52 Pk Hr 1-way (74 x 0.7 from 70/30 split) => rate of vehicles per dwelling units => 100/52 = 1.9231 vehicles/dwelling uniL Example calculation for conversion fi'om vehicles to dwelling units: 1,731 dwelling units x 9.3 ADT = 16,098 ADT x 8% = 1,288 AM peak hour× 70% = 900 peak hour vehicle trips. Example calculation for assignment to WB Telegraph: 6,923 dwelling units x 25% = 1,731 dwelling units. Eastern Territories Traffic Capacity Analysis City of Chuta Vista 3-02-1244 E N G [ N E E R $ CONCLUSIONS With a starting date of January 1, 2003, it is predicted that about 6,150 residential dwelling units could be constructed and occupied before the TMP threshold would be exceeded. This amount assumes no roadway improvements are constructed. LLG has conducted previous analyses under separate cover (see Appendix E) that estimated the amount of dwelling units, which could be constructed if specific roadway improvements were constructed. These past analyses indicated the following: 1) 600 additional units could be provided if an additional lane was provided on East H Street approaching 1-805, 2) 1,300 additional units could be constructed if an additional lane was provided on Telegraph Canyon Road approaching 1-805, and 3) 940 additional units could be built if the 1-805/Olympic Parkway Interchange improvements were constructed. In summary, a total of 8,990 residential dwelling units could be constructed as shown in Table 7. A graphic display of the capacities along a time line are shown in Figure 3. TABLE 7 RESIDENTIAL DWELLING UNIT SUMMARY Capacity and Improvements 1 ) TMP Threshold Capacity 2) East H Street--Additional Lane 3) Telegraph Canyon Road--Additional Lane 4) Olympic Parkway--Interchange Improvements Estimated Completion Date Now June 2003 Dec 2003 Feb 2005 Total Additional Dwelling Units 6,150 residential dwelling units 600 residential dwelling units 1,300 residential dwelling units 940 residential dwelling units 8,990 residential dwelling units 1'7-¢7 -12- Eastern Territories Traffic Capacity Analysis City of Chula Vista 3-02-1244 o o o oo ~ o w S.LINn ONm:~MO -IVIJN~OIS~W~ 7--~ W w z Z w ~.J RESOLUTION NO. 2003- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENTS FOR MONITORING BUILDING PERIVlITS FOR EASTLAKE III, OTAY RANCH VILLAGE 6, OTAY RANCH VILLAGE 11, AND BELLA LAGO AND AUTHORiZING THE MAYOR TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY WHEREAS, the Agreements 'concern and affect certain real properties located in Chula Vista, California, more particularly described on Exhibit "A" of the Agreements (referred to collectively as "Properties"); and, WHEREAS, the Properties consist of master planned communities commonly known as "Otay Ranch Village 6", "Otay Ranch Village 11 ", "Eastlake III" and Bella Lago (referred to herein collectively as "Projects"). The City Council approved General Development Plans, SPA Plans, Public Facility Financing Plans ("PFFP"), and other various entitlements (referred to herein collectively as "Entitlements") for development of the Projects. WHEREAS, the mitigation identified by the Projects' EIR's and Tentative Map Conditions provides as follows: Prior to the construction of SR- 125, the City shall stop issuing new building permits when the City, in its sole discretion, determines either; a) Building permits for a total of 9429 dwelling units have been issued for projects east of 1-805, or b) An alternative measure is selected by the City in accordance with the City of Chula Vista Growth Management Ordinance. Start date for counting the 9429 dwelling units is January 1, 2000. Notwithstanding the foregoing, the City may issue building permits if the City Council decides in its sole discretion that either; the circulation system has additional capacity without exceeding the GMOC traffic threshold standards based upon traffic studies approved by the City Engineer; other improvements are constructed which provide additional necessary capacity; or the City selects an alternative method of implementing the GMOC standards. WHEREAS, the City of Chula Vista, California, pursuant to Article XI of the California Constitution and the City Charter of the City of Chula Vista, may adopt and enforce all ordinances and regulations with respect to municipal affairs, including the authority to adopt and enforce general and specific plans, zoning and subdivision regulations, and other land use control measures to protect and promote the public health, safety and welfare of its citizens; and, WHEREAS, the Growth Management Element of the City's General Plan sets forth goals, policies and objectives which, among other things, ensure that the pace and pattern of residential development is coordinated with the provision for adequate public facilities and services. To this end, Growth Management Policy 4.2(e) calls for the use of threshold standards to define the minimum acceptable level of public facilities and service that maintains a quality environment while allowing development to continue and to monitor these facilities; and, WHEREAS, the City of Chula Vista enacted the Growth Management Ordinance to ensure that public facilities, services and improvements meeting city standards exist or become available concurrent with the need created by new development and to prevent growth which has been planned for by the City to proceed unless adequate public facilities and improvements are provided in a phased and logical fashion as required by the General Plan. The Growth Management Ordinance establishes quality of life threshold for public facilities; and, WHEREAS, the parties have reviewed the Traffic Study prepared by Linscott, Law and Greenspan dated April 10, 2003, and based upon that study has determined that a certain number of building permits east of 1-805, may be issued without exceeding the City's current ability to provide public transportation facilities concurrent with residential growth which will not result in a reduction in level of service thresholds (as set forth in the Growth Management Ordinance) if certain transportation improvements have been constructed; and, WHEREAS, the parties to the Agreements have determined that residential development at the current rate will outpace the provision of needed transportation facilities, thereby posing a substantial risk to the public health and safety of the community. The City Council further determines and, Developers concurs, that in compliance with the Projects mitigation measures, an alternative measure is necessary as set forth in the Projects' entitlements. This measure shall protect the public health and safety as shown in the Traffic Study, by preventing the rate o f development from exceeding the ability to provide public facilities in an orderly and phased manner consistent with the intent and purpose of said mitigation measures, Growth Management Ordinance and Growth Management Element of the Progress Guide and General Plan; and, WHEREAS, to ensure the maintenance of the Chula Vista Quality of Life Threshold Standards, meet the mitigation requirements of development projects, and stabilize the rate of residential development within the eastern Chula Vista, the City, Developer and other developers within eastern Chula Vista, determine it is necessary to undertake steps necessary to implement a program as set forth in this Agreement for monitoring of building permits in order to implement the Growth Management ordinance and the Project's Mitigation requirements ("Monitoring Program"). WHEREAS, the Environmental Review Coordinator has determined that any impacts associated with the Project have been previously addressed in the following documents: Second Tier Environmental impact Report for the Otay Ranch GDP Amendments/Village 11 Sectional Planning Area Plan, Conceptual Tentative Map, EIR-01-02; Final Second Tier Environmental Impact Report for Otay Ranch Village 6, EiR- 98-01; Final Subsequent Environmental Impact Report for EastLake II/Woods and Vistas Replanning Program, EIR-01-01; Final Environmental Impact Report for the Bella Lago Precise Plan, Rezone, and Tentative Subdivision Map, EIR-02-05; and has, therefore, prepared addendums to said environmental documents (referred to herein collectively as "Addendums'). The Projects are in substantial conformance with the analysis in these documents, and therefore, approval and implementation of the Projects do not change the basic conclusions of these documents. The addendums have been prepared in accordance with the requirements of the California Environmental Quality Act (CEQA), State EIR Guidelines and the Environmental Review Procedures of the City of Chula Vista; and, NOW, THEREFORE BE IT RESOLVED, that the City Council hereby finds that the Addendums have been prepared in accordance with the requirements of CEQA, the State EIR Guidelines and the Environmental Review Procedures of the City of Chula Vista. BE IT FURTHER RESOLVED, that the City Council finds that the Addendums to Environmental Impact Reports (EIR-01-02, EIR-98-01, EIR-01-01, EIR-02-05), reflect the independent judgment of the City Council of the City of Chula Vista and hereby adopts the Addendums. NOW, THEREFORE BE IT RESOLVED, that from the facts presented to the City Council, the Council hereby approves Agreements for the Monitoring of Building Permits with the Developers of Bella Lago, Otay Ranch Village 6 (McMillin Otay Ranch and Otay Project, L.P.), Otay Ranch Village 11 (Brookfield Shea Otay), and Eastlake III (The Eastlake Company) on file at the City Clerk's office. BE IT FURTHER RESOLVED, that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said Agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by Robert A. Leiter Ann Moore Director of Planning & Building City Attomey .I: Att()rncy'~Reso\EastLake, Otay Ranch Reso Recording requested · by: City of Chula Vista After recording return to: City Clerk's Office City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 This space for Recorder's use only AGREEMENT FOR MONITORING OF BUILDING PERMITS This Agreement for the Monitoring of Building Permits ("Agreement") is made as of this __ day of , 2003, by and between the CITY OF CHULA VISTA, a municipal corporation ("City"), and THE EASTLAKE COMPANY, LLC, a California limited liability company ("Developer") with reference to the following recitals: RECITALS 1. The Property. This Agreement concerns and affects certain real property located in Chula Vista, California, more particularly described on Exhibit "A" attached hereto and incorporated herein ("Property"). 2. Project. The Property is a master planned community commonly known as "Eastlake III Woods/Vistas and Eastlake Landswap" ("Project"). The City Council approved for Eastlake III: a General Development Plan, SPA Plan, Public Facility Financing Plans ("PFFP") by Resolution No.2001-220, on July 17, 2001, Tentative Map No. 01-09, ("Tentative Map"); for Eastlake Landswap: a General Development Plan, SPA Plan,~by Resolution No. 2003- 140 and a Tentative Tract Map No. 03-04, a Second Amended and Restated Development Agreement, adopted on October 9, 2001, ("Development Agreement") and other various entitlements (referred to herein collectively as "Entitlements") for development of the Project. 3. Mitigation Measures. The mitigation identified by the Project's EIR and incorporated as Tentative Map Condition No. 27, for Eastlake III and Condition No. 24 for Eastlake Landswap, provides as follows: Prior to the construction of SR-125, the City shall stop issuing new building permits for EastLake III when the City, in its sole discretion, determines either; a) Building permits for a total of 9429 dwelling units have been issued for projects east of 1-805, or b) An alternative measure is selected by the City in accordance with the City of Chula Vista Growth Management Ordinance. The start date for counting the 9429 dwelling units is January 1, 2000. Notwithstanding the foregoing, the City may issue building pen:nits if the City Council decides in its sole discretion that either; the circulation system has additional capacity without exceeding the GMOC traffic threshold standards based upon traffic studies approved by the City Engineer; other improvements are constructed which provide additional necessary capacity; or the City selects an alternative method of implementing the GMOC standards. 4. Municipal Authority. The City of Chula Vista, California, pursuant to Article XI of the California Constitution and the City Charter of the City of Chula Vista, may adopt and enforce all ordinances and regulations with respect to municipal affairs, including the authority to adopt and enfome general and specific plans, zoning and subdivision regulations, and other land use control measures to protect and promote the public health, safety and welfare of its citizens. 5. Growth Management Element. The Growth Management Element of the City's General Plan sets forth goals, policies and objectives which, among other things, ensure that the pace and pattern of residential development is coordinated with the provision for adequate public facilities and services. To this end, Growth Management Policy 4.2(e) calls for the use of threshold standards to define the minimum acceptable level of public facilities and service that maintains a quality environment while allowing development to continue and to monitor these facilities. 6. Growth Management Ordinance. The City of Chula Vista enacted the Growth Management Ordinance (Chapter 19.09 of the Chula Vista Municipal Code) (referred to herein as "Growth Management Ordinance") to ensure that public facilities, services and improvements meeting city standards exist or become available concurrent with the need created by new development and to prevent growth which has been planned for by the City to proceed unless adequate public facilities and improvements are provided in a phaseJ and logical fashion as required by the General Plan. The Growth Management Ordinance establishes quality of life threshold for public facilities. 7. Traffic Study. The parties have reviewed the Traffic .Study prepared by Linscott, Law and Greenspan dated April 10, 2003, (referred to herein as "Traffic Study" and the portion of which is attached as Exhibit "D") and based upon that study has determined that a certain number of building permits east of 1-805, may be issued without exceeding the City's current ability to provide public transportation facilities concurrent with residential growth which will not result in a reduction in level of service thresholds (as set forth in the Growth Management Ordinance) if certain transportation improvements have been constructed. 2 8. Alternative Measure. The parties have determined that residential development at the current rate will out'pace the provision of needed transportation facilities, thereby posing a substantial risk to the public health and safety of the community. The City Council further determines and, developer concurs, that in compliance with the Property mitigation measure, an alternative measure is necessary pursuant to paragraph 3(b) above. This measure will protect the public health and safety, as shown in the Traffic Study, by preventing the rate of development from exceeding the ability to provide public facilities in an orderly and phased manner consistent with the intent and purpose of the measure, Growth Management Ordinance and Growth Management Element of the Progress Guide and General Plan. 9. Monitoring Program. To ensure the maintenance of the Chula Vista Quality of Life Threshold Standards, meet the mitigation requirements of development projects, and stabilize the rate of residential development within the eastern Chula Vista, the City, Developer and other developers within eastern Chula Vista, determine it is necessary to undertake steps necessary to implement a program, as set forth in this Agreement, for monitoring of building permits in order to implement the Growth Management ordinance and the Project's Mitigation requirements ("Monitoring Program"). NOW, THEREFORE, the parties agrees as follows: A. Agreement Applicable to Subsequent Owners. 1. Agreement Binding upon Successors. This Agreement shall be binding upon and inure to the benefit of the successors, assigns and interests of the parties as to any or all of the Property, as described on Exhibit "A", until released by the mutual consent of the parties. 2. A~eement Runs with the Land. The burden of the covenants contained in this Agreement ("Burden") benefit and burdens the Property, its successors and assigns and any successor in interest thereto as well as benefit the City. City is deemed the sole beneficiary of such covenants for and in its own right and for the purposes of protecting the interest of the community and the public in whose favor and for whose benefit of such covenants running with the land have been provided without regard to whether City has been, remained or are owners of any particular land or interests therein. If such covenants are breached, the City shall have the right to exemise all rights and remedies and to maintain any actions or s2jits at law or in equity or other proper proceedings to enforce the curing of such breach to which it or any other beneficiaries of this Agreement and the covenants may be entitled. 3. Release to Individual Homeowners. Upon conveyance of a residential unit to an individual homeowner, such lot shall be released from obligations under this Agreement and as against Developer's successor-in-interest to such lot. B. Building Permit Definition. The specific provisions of this Agreement shall apply to building permits for residential development. For purposes o£ this Agreement only, "building pernfits' means permits issued for the construction of new dwelling units requiring issuance of a building permit, but does not include the exceptions set forth in Paragraph E herein, and remodeling, additions, rehabilitation or other improvements to an existing structure, or 3 / 7 --/DC rebuilding or replacement of an existing structure, provided such activities do not result in an increase in dwelling units. C. Duration. This Agreement shall commence upon the Effective Date of this Agreement and terminate on March 31, 2006. D. Projects Governed by the Monitoring Program: The Monitoring Program shall govern all phases of the development of the Property as depicted in the Entitlements,, which are owned by the Developer and its successors in interests, which are subject to the numeric development threshold described in Paragraph 3 of this Agreement. E. Projects Not Governed by the Monitoring Program. City and Developer agree that the following types of development projects shall not be subject to this Agreement: Affordable housing units which meet the criteria for affordable housing as set forth in the City's Housing Element of the General Plan and will be constructed pursuant to a fully executed City of Chula Vista Affordable Housing Agreement; and Development projects which are not subject to a numeric development threshold (building permit limitation) and have met their major infrastructure obligations as required by that project's entitlements and the Growth Management Ordinance, as such projects are more fully described on Exhibit "C"; and 3. Model Homes constructed for the Project; provided however, the building permit for that model home shall count, against the Developer's total allocation of building permits within the year the final inspection for that model home allows occupancy. For purposes of this paragraph "model home" means a home used for the purpose of marketing similar homes within the Project during the time these homes are offered for sale to the public. Model homes are not permanently occupied and there is no transfer of c'wnership to an individual homebuyer, other than to a private investor. 4. Commercial and Industrial development and other nonresidential development. F. Permit Limitations. Developer understands and agrees that the total number of building permits for all phases of development of the Property are subject to the Monitoring Program, The total number of building permits to be issued by the City for the projects listed on Exhibit "B." shall not exceed 6,630 building permits for the term of said Program. The annual distribution, commencing from April 1 to March 31 of each year for development projects subject to the Monitoring Program shall be as follows: 4 Year Permits (April 1 to March 31) 4/1/03-3/31/04 2475 4/1/04-3/31/05 2375 4/1/05-3/31/06 1780 Total 6630 Developer agrees that its share of the building permits for each year of the Monitoring Program shall be in the amount set forth in Exhibit "B," which shall control the number of building permits that shall be issued by the City for the Property. Any building permits issued within the Property, whether obtained by Developer or its successors interest (e.g., its merchant builders) shall be counted against Developer's allocation shown on Exhibit "B." Developer agrees that the Projects listed in Exhibit "B-I" shall receive building permits in the amount shown on said Exhibit, for the term of April 01, 2003 to March 31, 2004. The total number of building permits to be issued to these projects, of 151 permits, shall be deducted from the 620 permits to be received by Developer during the same term. Developer agrees not to request building permits, which would exceed its allocation total for each of the years of the Monitoring Program. Developer shall be responsible for obtaining compliance with its allocation obligations as set forth in this Agreement from all applicable parties. Any building permits not issued from the total allocated in any given year will be added to the subsequent year's allocation. If two or more developers agree in writing to reassign permits amongst themselves, the City shall adjust the permit schedule and issue permits in accordance with the reassignment agreement(s) so long as the reassignments do not exceed the yearly allocation and the other terms of the Monitoring Program. G. Other Condition of Approval. Other than as specifi¢lly provided for in this Agreement, nothing herein shall be construed as relieving Developer from complying with the Project's other conditions of Entitlements and all City regulations, standards and policies, including the City Growth Management Program, and related threshold standards shall apply to the Project. Furthermore, the total number of residential units for the Project remain unchanged, as set forth in the Entitlements. H. Completion of Roadway Improvements. Notwithstanding the foregoing, Developer understands and agrees that the number of building permits attributed to each of the improvements as shown on Exhibit "E', shall be available to be allocated under the terms of this Agreement upon the completion of such roadway improvements. For example, the completion of Olympic Parkway and other completed improvements (as described in the Traffic study) added 6, 150 building permits available to be issued by the City, beginning as of January 1, 2003. Other traffic enhancement improvements listed on Exhibit "E" provide capacity for additional building permits in the amounts shown on Exhibit "E." If any of the roadway improvements are not completed by the dates shown, then the Corresponding number of building permits attributed to said improvements shall be deducted by the City from the total number of building permits to be issued for the last twelve (12) months of the Monitoring Program. The amount deducted shall be prorated against all the developers' totals shown on Exhibit "B" on a proportionate basis. If the traffic improvement is later completed, the number of building permits attributed to said improvement shall be added back to the total available to be allocated based upon the same pro rata formula. For purposes of this paragraph the term "completion of improvements" shall mean when said improvements are open to the public for use. Nothing herein shall limit the City's ability to pursue other legal remedies available through other Agreements (i.e. Traffic Enhancement Agreement) with respect to the completion of the traffic enhancement improvements. I. Traffic Enhancement Agreement. Notwithstanding any provisions to the contrary herein, Developer acknowledges and agrees that upon execution of this Agreement by the City, the City has fully and completely satisfied City,s obligations as set forth in Article 2 (Sections 2.1 through 2.3) of that certain Agreement for Financing and Construction of Roadway Improvements for Traffic Enhancements, approved by the City Council by Resolution 2002-376 ("Traffic Enhancement Agreement"). In particular, the City shall not be required to process nor present for City Council consideration any amendments to Developer's Project entitlements as described in paragraph 2.1(b) of said Traffic Enhancement Agreement. Notwithstanding the foregoing, all other terms, conditions, and obligations of the Traffic Enhancement Agreement shall remain in full rome and effect. J. Growth Management Ordinance. Notwithstanding any provisions to the contrary herein, Developer acknowledges and agrees that nothing herein shall be construed as to restrict the City's ability to exercise its discretion as provided by the Growth Management Program, as may be amended from time to time. Developer and City agree that this Agreement is consistent with the Growth Management Element, Growth Management Ordinance, Development Agreement, Tentative Map Conditions and other provisions of the Entitlements. K. Indemnification. Provided the City is not in material breach of this Agreement, Developer and each of the property owners for which this Agreement ia recorded against (jointly referred to in this paragraph as "Indemnitor") shall solely and jointly be responsible to defend, indemnify and hold harmless the City, its elected and appointed officers and employees, from and against any claims, suits, actions or proceedings, judicial or administrative, for writs, orders, injunction or other relief, damages, liability, cost and expense (including without limitation attorneys' fees) arising from this Agreement and the City's actions in processing or issuing building permits in accordance with ttfis Agreement, the State Building Code and other laws and regulations as applicable, or in exercising any discretion related thereto. Indemnitor's inderrm/fication shall include any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents or employees in defending against such claims, whether the same proceed to judgment or not. Further, Indemnitor, at its own expense, shall upon written request by the City, defend any such suit or action brought against the City, its officers, agents or employees. Upon Indemnitee exercising such option to tender a defense, lndemnitee shall reasonably cooperate in the defense of such action. At its sole discretion, the City may participate, at its own expense, in the defense of any such action, but such participation shall not relieve Indenmitor of any obligation imposed by this Agreement. If the City decides not to tender its defense to Indemnitor, City and Indemnitor each agree to reasonably cooperate with each other in the defense of such action. Both parties to this Agreement (Indemnitor and Indemnitee) shall have the right to initiate negotiations with a claimant in a proceedings described herein to end litigation by settlement. Each party has the duty to notify the other party of settlement negotiations at the earliest possible stage of initiation of said negotiations. Each party shall cooperate in good faith in said negotiations. Nothing herein shall obligate the City to grant or exercise its discretion on any matter which the City has a right to exercise such discretion, in order to implement the terms and conditions of a settlement agreement. L. City Authority to Issue Permits. Nothing herein shall be construed as limiting the City's authority to withhold final or interim inspection of units for which building permits may have been issued or the issuance of building permits or certificates of occupancy in accordance with the State Building Code, or other laws and regulations as applicable or if the required fees are not received by the City. M. General Provisions. 1. Governing Law. This Agreement shall be govemed and construed in accordance with the laws of the State of California. 2. Effective Date. The terms and conditions of this Agreement shall be effective as of the date this Agreement is approved by the City Council. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be original and all of which shall constitute one and the same document. Entire Agreement. This Agreement embodies the entire agreement and understanding between the parties regarding the subject matter hereof, and any and all prior or contemporaneous oral or written representations, agreements, Entitlements, understandings and/or statements regardin~ the same subject matter hereof, shall be of no fome and effect. 5. Recitals, Exhibits. Any recitals set forth above and any attached exhibits and diagrams are incorporated by reference into this Agreement. Authority of Signatories. Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions and/or actions or agreements have been taken so as to enable said signatory to enter into this Agreement on behalf of and to bind the real property owners for which this Agreement shall be recorded against. Developer represents it has received a power of attorney (attached as Exhibit "F') to enter into this Agreement on behalf 7 /7-/09 of and to bind the owners of real property within the Project, who are successors- in-interest to Developer and to cause said Agreement to be recorded against that owner's real property. Modification. This Agreement may not be modified, terminated or rescinded, in whole or in part, except by written instrument duly executed and acknowledged by the parties hereto, their successors or assigns. 8. Preparation of Agreement. No inference, assumption or presumption shall be drawn from the fact that a party or its attorney prepared and/or drafted this Agreement. It shall be conclusively presumed that all parties participated equally in the preparation and/or drafting of this Agreement. 9. Third Party Beneficiaries. Notwithstanding any other provision of this Agreement to the contrary nothing herein is intended to create any third party beneficiaries under this Agreement, and no person or entity other than City, and Developer and the permitted successors and assignee of each of them, shall be authorized to enforce the provisions of this Agreement. 10. Developer Participation. Developer represents that it has participated in the establishment of the Monitoring Program, this Agreement and Exhibit "B" hereto. Developer agrees to the schedule provided within Exhibit "B" as it pertains to development of the Project and other projects within the Monitoring Program. [NEXT PAGE IS SIGNATURE PAGE] 8 SIGNATURE PAGE TO AGREEMENT FOR MONITORING OF BUILDING PERMITS IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first set froth above. CITY OF CHULA VISTA Steve Padilla, Mayor THE EASTLAKE COMPANY, LLC, A California limited liability company ~dent Attest: Susan Bigelow, City Clerk Klingner,"Vice President Approved as to form by: Ann Moore, City Attorney J:~TrORNEY~AGREl~XMonitoring Building Permits EASTLAKE COMPANY 9 17 III ~EXI:II'BIT "A" LEGAL DESCRIPTION PARCEL 2 OF PARCEL MAP NO. 17628, FILED IN THE OFFICE OF THE COUNTY RECORDER ON DECEMBER 19, 1995 IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, TOGETHER WITH THAT PORTION MORE PARTICULARLY DESCRIBED AS FOLLOWS: LOT 1 BEGINNING AT THE MOST WESTERLY CORNER OF LOT 2 ACCORDING TO MAP THEREOF NO. 13180 RECORDED IN THE OFFICE OF THE COUNTY RECORDER ON JANUARY 17, 1995; THENCE SOLrFHEASTERLY ALONG THE NORTHEASTERLY BOUNDARY OF SAID PARCEL 2 AND THE SOUTHWESTERLY BOUNDARY OF SAID LOT 2 SOUTH 39041'27" EAST 2.62 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 39041'27'' EAST 886.77 FEET; THENCE SOUTH 39041'09'' EAST 76.24 FEET TO A POINT HEREAFTER DESIGNATED AS POINT "A'; THENCE LEAVING SAID BOUNDARY, SOUTH 47°49'34'' WEST 381.00 FEET; THENCE SOUTH 49°34'14'. WEST 86.23 FEET; SOUTH 72000'56'' WEST 139.83 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF EASTLAKE PARKWAY AS DEDICATED PER DOCUMENT RECORDED JANUARY 08, 2003 AS FILE NO. 2003-0025086 OF OFFICIAL RECORDS; SAID POINT ALSO THE BEGINNING OF A NON-TANGENT 1936.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; A RADIAL LINE FROM SAID POINT BEARS NORTH 67006'40'' EAST; THENCE NORTHWESTERLY ALONG SAID RIGHT-OF-WAY AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 06049'00'' A DISTANCE OF 230.33 FEET TO THE BEGINNING OF A NON-TANGENT 1936.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; A RADIAL LINE FROM SAID POINT BEARS NORTH 72052'08'' EAST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 19037'43'' A DISTANCE OF 663.24 FEET TO THE BEGINNING OF A NON-TANGENT 1948.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; A RADIAL LINE FROM SAID POINT BEARS NORTH 86030'30'' WEST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID I~URVE THROUGH A CENTRAL ANGLE OF 06038'53'' A DISTANCE OF 226.03 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 8.272 ACRES MORE OR LESS. O:\700-06\WPkLDEastlakeRes. Lot 104/10/03 ~wpd /7-7/2- EXHIBIT "A" LEGAL DESCRIPTION BEING A PORTION OF THE FRACTIONAL SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 18 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN ACCORDING TO THE OFFICIAL PLAT THEREOF TOGETHER WITH A PORTION OF RANCHO JANAL, ACCORDING TO THE PATENT AND MAP THEREOF RECORDED IN BOOK 1, PAGE 89 ET SEQ OF PATENTS, RECORDS OF SAN DIEGO COUNTY; BOTH IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: LOT 2 BEGINNING AT A POINT THAT IS DISTANT SOUTH 39°41'09" EAST 76.24 FEET FROM THE MOST SOUTHEASTERLY CORNER OF PARCEL 2 OF PARCEL MAP NO. 17628, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER ON DECEMBER 19, 1995; SAID POINT ALSO ON THE SOUTHEASTERLY BOUNDARY OF CHULA VISTA TRACT NO. 88-3A, EASTLAKE SOUTH GREENS, PHASES 2 AND 3 ACCORDING TO MAP TIffEREOF NO. 13292 RECORDED IN THE OFFICE OF THE SAN DIEGO COLrNTY RECORDER ON JANUARY 25, 1996; THENCE SOUTHEAST ALONG SAID BOUNDARY SOUTH 39°41'09" EAST 180.18 FEET; THENCE SOUTH 41023'55" EAST 1292.49 FEET; THENCE LEAVING SAID BOUNDARY SOUTH 45 °35'16" WEST 316.07 FEET; TO THE BEGINNING OF A NON-TANGENT 450.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, A RADIAL LINE FROM SAID POINT BEARS SOUTH 59°05'18" WEST, THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 86°04'24" A DISTANCE OF 676.02 FEET; THENCE SOUTH 63°00'54" WEST 113.14 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF EASTLAKE PARKWAY AS DEDICATED PER DOCUMENT RECORDED JANUARY 08, 2003 AS FILE NO. 2003-0025086 OF OFFICIAL RECORDS; SAID POINT ALSO THE BEGINNING OF A NON-TANGENT 1864.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, A RADIAL LINE FROM SAID POINT BEARS SOUTH 63 °00'53" WEST; THENCE NORTHWESTERLY ALONG SAID RIGHT-OF-WAY AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02 °11'15" A DISTANCE OF 71.16 FEET; THENCE NORTH 60049'38" EAST 3.00 FEET TO THE BEGINNING OF A NON- TANGENT 1867.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, A RADIAL LINE FROM SAID POINT BEARS SOUTH 60°49'38" WEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 04°36'12" A DISTANCE OF 150.00 FEET; THENCE SOUTH 56° 13'26" WEST 3.00 FEET TO THE BEGINNING OF A NON-TANGENT 1864.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, A RADIAL LINE FROM SAID POINT BEARS SOUTH 56°13'26" WEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02°43'59" A DISTANCE OF 88.92 FEET; THENCE NORTH 36°30'33" WEST 241.36 FEET TO THE BEGINNING OF A TANGENT 1936.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG O\700-06\WP~DEastlakeRes. Lot204/10/03.wpd THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 13 °37'13" A DISTANCE OF 460.22 FEET; THENCE LEAVING SAID RIGHT-OF-WAY NORTH 72°00'56" EAST 139.83 FEET; THENCE NORTH 49°34'13'' EAST g6.23 FEET; THENCE NORTH 47049'34'' EAST 381.00 FEET TO THE POINT OF BEGINNING. CONTAINS 19.850 ACRES MORE OR LESS. O\700-06~WP~LDEastlakeRes. Lot204/10/03 .wlxl EXHIBIT "A" LEGAL DESCRH'TION BEING A PORTION OF LOT 11 OF OTAY RANCH, ACCORDING TO MAP THEREOF NO. 862 FILED ON FEBRUARY 03, 1900, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY AND THE FRACTIONAL SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 18 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, TOGETHER WITH A PORTION OF RANCHO JANAL, ACCORDING TO THE PATENT AND MAP THEREOF RECORDED IN BOOK 1, PAGE 89 ET SEQ OF PATENTS, RECORDS OF SAID SAN DIEGO COUNTY, LYING SOUTHWESTERLY OF THE SOUTHWESTERLY BOUNDARY LINE OF PARCEL I OF PARCEL MAP NO. 17476 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JANUARY 26, 1995 AS FILE NO. 1995-0036489 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: LOT 3 BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 3, THENCE SOUTHERLY ALONG SAID SECTION LINE SOUTH 00°41'46" WEST 1,380.77 FEET TO THE TRUE POINT OF BEGINNING; SAID POINT ALSO THE BEGINNING OF A NON- TANGENT 450.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, A RADIAL LINE FROM SAID PONT BEARS SOUTH 60°08'12" WEST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 17°34'18'. A DISTANCE OF 138.01 FEET; THENCE SOUTH 12°17'31'' EAST 188.00 FEET; TO THE BEGINNING OF A TANGENT 450.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 39°47'55" A DISTANCE OF 312.58 FEET; THENCE SOUTH 52005'26'' EAST 210.92 FEET TO THE BEGINNING OF A TANGENT 450.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 42028'00'' A DISTANCE OF 333.53 FEET; THENCE SOUTH 09037'25'' EAST 31.82 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF (~LYMPIC PARKWAY AS DEDICATED PER DOCUMENT RECORDED DECEMBER 17, 2002 AS FILE NO. 2002- 1153503 OF OFFICIAL RECORDS; TO THE BEGINNING OF A NON-TANGENT 1936.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL LINE FROM SAID POINT BEARS NORTH 09037'24" WEST; THENCE SOUTHWESTERLY ALONG SAID RIGHT-OF-WAY AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01°18'14" A DISTANCE OF 44.06 FEET; THENCE LEAVING SAID RIGHT-OF-WAY NORTH 08°18'47" WEST 57.03 FEET; THENCE NORTH 73°51'01" WEST 68.23 FEET; THENCE SOUTH 79033'50'' WEST 84.26 FEET; THENCE SOUTH 83°40'27" WEST 100.00 FEET; THENCE SOUTH 87°18'00" WEST 100.00 FEET; THENCE NORTH 89°44~0" WEST 100.00 FEET; THENCE NORTH 85°19'54" WEST 102.18 FEET; THENCE NORTH 80048'45'' WEST 93.33 FEET; THENCE NORTH 78°02'50" WEST 100.00 FEET; THENCE NORTH 69°12'16'' WEST 100.00 FEET; THENCE NORTH 70°53'04" WEST 100.31 FEET; THENCE O:700-00qWPXLDE~tlakeRes. Lot304/10/03 .wpd EXHIBIT "A" LEGAL DESCRIPTION BEING A PORTION OF LOT 11 OF OTAY RANCH, ACCORDING TO MAP THEREOF NO. 862 FILED ON FEBRUARY 03, 1900, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY AND TH~ FRACTIONAL SOUTHEAST QUARTER OF SECTION 3, TOWNSHI? 18 SOUTH, RANGE 1 WEST, SAN BEKNARDINO MERIDIAN, TOGETHER WITH A PORTION OF RANCHO JANAL, ACCORDING TO THE PATENT AND MAP THEREOF RECORDED IN BOOK 1, PAGE 89 ET SEQ OF PATENTS, RECORDS OF SAID SAN DIEGO COUNTY, LYING SOUTHWESTERLY OF THE SOUTHWESTERLY BOUNDARY LINE OF PARCEL 1 OF PARCEL MAP NO. 17476 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JANUARY 26, 1995 AS FILE NO. 1995-0036489 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: LOT 4 BEGINNING AT THE EAST QUARTER CORNER OF SAID SECTION 3; THENCE SOUTHERLY ALONG THE EASTERLY SECTION LINE OF SAID SECTION 3 SOUTH 00°41'46'' WEST 1,369.45 FEET TO THE TRUE POINT OF BEGINNING~ THENCE LEAVING SAID SECTION LINE NORTH 45°35'16'' EAST 310.05 FEET TO A POINT ON THE SOUTHEASTERLY BOUNDARY OF CHULA VISTA TRACT NO. 88-3A, EASTLAKE SOUTH GREENS, PHASES 2 AND 3 ACCORDING TO MAP THEREOF NO. 13292 RECORDED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER ON JANUARY 25, 1996; THENCE LEAVING SAID BOUNDARY SOUTH 41 '23'55" EAST 232.42 FEET; THENCE SOUTH 45%4'24" WEST 12.41 FEET; THENCE SOUTH 38°21'12'' EAST 269.05 FEET; THENCE SOUTH 36~49'06'' EAST 168.08 FEET; THENCE SOUTH 34°55'37" EAST 128.76 FEET; THENCE SOUTH 35°58'46" EAST 107.45 FEET; THENCE SOUTH 32°17'19'' EAST 135.95 FEET; THENCE SOUTH 33°11'28" EAST 213.60 FEET; THENCE SOUTH 71 °14'56" WEST 115.11 FEET; THENCE SOUTH 70°00'48'' WEST 90.90 FEET; THENCE SOUTH 71°28'42" WEST 100.61 FEET; THENCE SOUTH 36q5'26" WEST 76.10 FEET; THENCE SOUTH 10°58'31'' EAST 57.02 FEET TO A POINT ON T~IE NORTHERLY RIGHT-OF-WAY OF OLYMPIC PARKWAY AS DEDICATED PER DOCUMENT RECORDED JANUARY 08, 2003 AS FILE NO. 2003-0025086 OF OFFICIAL RECORDS; SAID POINT ALSO THE BEGINNING OF A NON-TANGENT 1936.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL LINE FROM SAID POIN-T BEARS NORTH 10°58'29" WEST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01 '21'05" A DISTANCE OF 45.66 FEET; THENCE LEAVING SAID RIGHT-OF-WAY NORTH 09'37'25" WEST 31.82 FEET; TO THE BEGINNING OF A TANGENT 450.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 42°28'00'' A DISTANCE OF 333.53 FEET; THENCE NORTH 52°05'26" WEST 210.92 FEET TO THE BEGINNING OF A TANGENT 450.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SA.ID CURVE THROUGH A CENTRAL ANGLE OF 39°47'55" A DISTANCE I "7 ,fI 6 OF 312.58 FEET; THENCE NORTH 12'17'31" WEST 188.00 FEET TO THE BEGINNING OF A NON-TANGENT 450.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, A RADIAL LINE FROM SAID POINT BEARS SOUTH 77'42'30" WEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 18'37'12" A DISTANCE OF 146.24 FEET; THENCE NORTH 45'35'16" EAST 6.02 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 11.271 ACRES MORE OR LESS. 17 I17 O:\700-06\WP~LDEastlakeRes. Lot404/10103.wpd EASTLAKE LANDSWAP RESIDENTIAL EXHIBIT LOT 2 MAP ND~ 13180 / ?.M. NO.''-~' 2 MAP NO. 13198 MAP NO, -J32i~4 SCALE: 1"= 400' LOT 7 MAP NO. 1329_9 MAP NO, 13310 SITE VICINITY MAP lq ASSOCIATES J.N. ?00-06 OTAY RANCH MAP ND, 8~2 LOT 4/~o/o$ Exhibit "A" LEGAL DESCRIPTION OF PROPERTY VR-1 REAL PROPERTY IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALn~ORNIA, DESCRIBED AS FOLLOWS: LOTS 729 THROUGH 784 INCLUSIVE OF CITY OF CHULA VISTA TRACT 01-09, EASTLAKE RI VISTAS PHASE lin THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14564, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 1, 2003 Exhibit "A' LEGAL DESCRIPTION OF PROPERTY VR-2 REAL PROPERTY IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: LOTS 347 THROUGH 414 INCLUSIVE OF CITY OF CHULA VISTA TRACT 01-09, EASTLAKE Ill VISTAS PHASE 2IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP TI-~REOF NO. 14404, FLIED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 5, 2002 Exhibit "A" LEGAL DESCR~TION OF PROPERTY VR-3 REAL PROPERTY IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: LOTS 415 THROUGH 428, 433 THROUGH 441, 478 THROUGH 481,495 THROUGH 529 INCLUSIVE OF CITY OF CHULA VISTA TRACT 01-09, EASTLAICE ffI VISTAS PHASE 2IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14404, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 5, 2002 17- Exhibit "A" LEGAL DESCRIPTION OF PROPERTY VR-6 REAL PROPERTY IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: LOTS 233 THROUGH 257 INCLUSIVE OF CITY OF CHULA VISTA TRACT 01~09, EASTLAKE III VISTAS PHASE lIN THE CITY OF CHULA VISTA, COUNTY OF SAN DEEGO, STATE OF CAL~OR_NIA, ACCORDING TO MAP TH2EREOF NO. 14376, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 26, 2002 REAL PROPERTY IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: LOTS 273 THROUGH 346 INCLUSIVE OF CITY OF CHULA VISTA TRACT 01-09, EASTLAKE I]~ VISTAS PHASE 2IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALEFORNIA, ACCORDING TO MAP THEREOF NO. 14404, FILED ]lq THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 5, 2002 Exhibit "A" - LEGAL DESCRIPTION OF PROPERTY VR-7 REAL PROPERTY IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: LOTS 148 THROUGH 216 INCLUSIVE OF CITY OF CHULA VISTA TRACT 01-09, EASTLAKE III VISTAS PHASE lIN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CAL~ORNIA, ACCORDING TO MAP THEREOF NO. 14376, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 26, 2002 REAL PROPERTY IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: LOTS 530 THROUGH 556 INCLUSIVE OF CITY OF CHULA VISTA TRACT 01-09, EASTLAKE HI VISTAS PHASE 2IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP TH~EREOF NO. 14404, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 5, 2002 Exhibit "A" LEGAL DESCRIPTION OF PROPERTY VR-8 REAL PROPERTY IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: LOTS 557, 561 THROUGH 724 INCLUSIVE OF CITY OF CHULA VISTA TRACT 01-09, EASTLAKE Ili VISTAS PHASE 21N THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14404, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 5, 2002 /7--/2¥: Exhibit "A" LEGAL DESCRIPTION OF PROPERTY VR-g& 11 REAL PROPERTY IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL 2 IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALn~ORNIA, ACCORDING TO PARCEL MAP 19091, FILED IN THE OFFICE OF ~ COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 7, 2002 Exhibit "A" LEGAL DESCRIPTION OF PROPERTY REAL PROPERTY IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: LOTS 146 INCLUSIVE OF CITY OF CHULA VISTA TRACT 01-09, EASTLAKE III VISTAS PHASE lin THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14376, FILED in THE OFFICE OF THE COLrNTY RECORDER OF SAN DIEGO COLrNTY, APRIL 26, 2002 Exhibit "A" LEGAL DESCRIPTION OF PROPERTY WR-1 REAL PROPERTY IN TI-IE C1TY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: LOTS 78 THROUGH 110, 113, 11,~, 118 THROUGH 141 INCLUSIVE OF CITY OF CHULA VISTA TRACT 01-09, EASTLAKE III WOODS - NEIGHBORHOOD WR-1 AND WR-3, 1N THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1,~403, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 5, 2002. / 7 04Z11,'2003 17:52 FAX 6194211t30 EASTLAKE COMPANY ~002 Legal Description: Eastlak¢ IE[Woods WR-2, WR-5 & Portion of WT.-4 THE LrNSURVEYED I~MAINDEiR PARCEL OF PARCEL MAP NO. 17677 FILED IN TKE OFFICE OF TKE COUNTY RECORDER APRIL 4, 1996 AS F~.R NO 1996-0174537, TOOETHER WI'I'H A PORTION OF Tt~ UNSURVEYED REMAINDER PARCEL OF PARCEL MAP NO 17874, FILED ]lq THE OFFICE OF THE COUNTY RECORDER JULY 3, 1997 AS FILl{ NO_ 1997~0316060 OF OFFICAL RECOREIS, ALL VvTFblIN TI-IE RANCHO 5ANAL ACCORDING TO MAP NO 989 IN THE CITY OF C~IULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, TOGETIiER WITH LOTS 1 TI-~OUGFI 15 INCLUSIVE. OF CHULA VISTA TRACT NO 01-09 EASTLAKE WOODS, NEIGI-IBORHOOD WR-4, MAP NO 14394 FILED IN TI-IS OFFICE OF Tf-LE COUNTY RECORDER MAY 16, 2002. Exhibit B Developer The EastLake Company Brookfield Shea Otay LLC McMillin Otay Ranch LLC Otay Project LP McMiilin Rolling Hills Ranch LLC NNP-Trimark San Miguel Ranch, LLC Bella Lago 4/01/03to 4/01/04 to Project 3/31/04 3/31/05 EastLake III 620 834 Village 11 378 568 Village 6 278 307 Village 6 1008 Rolling Hills Ranch 120 San Miguel Ranch 71 Bella Lago 0 4/01/05 to 3/31/06 507 492 109 299 35 153 330 154 227 60 80 2475 2375 1780 66301 EASTLAKE EXHIBIT B-1 WOODS PARCEL Builder WR-3 Colrich WR-6 Cornerstone WR-7 Cornerstone Buildout Units/All Units to be Permitted between April 2003 thru March 2004 18 VISTAS PARCEL VR-4 RWR VR-5 AND Portion of VR-6 VR-12 36 Fieldstone 70 Western Pacific Housing 24 Total Woods & Vistas 151 Units to be counted against Etl$lLa~'e Permits for April 2003 lhrll March 2004 / '7-/30 ~ $ EXHIBIT D EASTERN TERRITORIES TRAFFIC CAPACITY ANALYSIS CHULA VISTA, CALIFORNIA April 10,200:] INTRODUCTION The following report estimates the number of additional dwelling units that can be built in the eastern territories of Chula Vista, pre SR-125, before East H Street or Telegraph Canyon Road near 1-805 reach the City of Chula Vista's Traffic Monitoring Program (TMP) thresholds. Additionally, this report includes results from three other traffic studies that estimate the number of additional dwelling units that could be built due to other specific roadway improvements. A preliminary assessment of the study area indicated that either East H Street or Telegraph Canyon Road would be the first to have their Level of Service (LOS) exceed the allowable TMP thresholds. For this reason and because East H Street and Telegraph Canyon Road act as the primary commuter routes, this study focused on these two arterials. The methodology to forecast the future traffic conditions is based on linear regression formulas, which use historical TMP speed and traffic volumes to forecast future travel speeds. This report is structured as follows: · Analysis Methodology · Existing Traffic Conditions · Future Traffic Conditions Prediction · Conclusions Figure 1 is a map showing the limits of the existing TMP analysis segments of East H Street and Telegraph Canyon Road. ANALYSIS METHODOLOGY In general terms, the following methodology was used. to estimate the number of additional units (pre SR-125), which could be built in the eastern territories before City threshold standards would be exceeded on East H Street and Telegraph Canyon Road. 1) Traffic volume counts and speed surveys were conducted in November, December, and February on both Telegraph Canyon Road and East H Street (the most "constrained" roadways in the study area), in both the eastbound and westbound directions. The counts were conducted after Olympic Parkway was extended eastward to Hunte Parkway and open to through traffic. 2) Four linear regression graphs were developed (eastbound Telegraph Canyon Road, westbound Telegraph Canyon Road, eastbound East H Street, westbound East H Street) based on the collected data. Emstern Territories TmfT~C Capacity Analysis E N G I N E ~ R $ 3) An equation was developed based on each graph relating speed to volume. 4) A table was developed relating volume to LOS, using Highway Capacity Manual Standards. 5) The amount of hourly traffic volume that could be added to Telegraph Canyon Road and East H Street was determined based on degradation in LOS until the TMP threshold was exceeded. 6) Residential and non-residential traffic was added to the most constrained segment of Telegraph Canyon Road and East H Street until the TMP threshold was exceeded. 7) This amount of traffic was correlated to a dwelling unit amount in the eastern territories. EXISTING CONDITIONS AVERAGE DAILY TRAFFIC VOLUMES Average Daily Traffic (ADT) volumes for East H Street, Telegraph Canyon Road and Olympic Parkway were obtained from machine counts collected in November 2002, December 2002 and February 2003. The ADT volume data are contained in Appeadix A and are summarized in Table 1. SEGMENT East H Street West of Hidden Vista Drive Hidden Vista Drive and Terra Nova Drive Del Ray Boulevard and Paseo Del Rey Tierra Del Rey and Paseo Ranchero Telegraph Canyon Road Halecrest Drive to Oleander Avenue Paseo Del Rey to Oleander Avenue Paseo Del Rey to Medical Center Drive Paseo Landera to Paseo Ranchero Olympic Parkway Oleander Avenue to Brandywine Brandywine to Heritage Road Hsritage Road to La Media Drive Source: LLG Engineers TABLE 1 EXISTING ADT VOLUMES WEEKDAY AVERAGE ADT VOLUMES 11/18/02-11/21/021 12/2-12/6, 12/9/02 I 2/3/O3-2/7/O3 Data notavaflable Data notavailable 66,700 59,400 59,550 53,850 52,900 53,800 50,500 47,350 47,100 45,550 58,400 59,550 60,950 Data notavailable Data notavai]able 55,200 52,550 52,600 54,000 42,800 42,950 44,600 27,800 28,100 28,600 20,150 22,000 23,050 13,700 14,200 16,000 /7 -_?/ Eastern Territories Traffic Capacity Analysis City of Chula Vista 3-02-1244 CHULA VISTA TRAFFIC MONITORING PROGRAM The Chula Vista TMP is used to assess th'e operating performance of the City's arterial street sYstem in order to determine compliance with the Threshold Standards of the Growth Management Oversight Commission (GMOC). The threshold standards specify that LOS C or better, as measured by av,erage travel speeds on the arterial, shall be maintained on all signalized arterial segments with an exception during peak hours where LOS D can occur for no more than any two hours of the day. Existing travel speeds along the study arterials were obtained from City of Chula Vista engineering staff, while ADT volumes during the same days were counted by Linscott, Law and Greenspan Engineers (LLG). The TMP data sheets are included in Appendix B. A summary of the TMP speeds, LOS, and associated hourly volumes are included in Table 2. Eastern Territories Traffic Capacity Analysis City of Chula Vista 3-02-1244 ENGINEERS TABLE 2 SUMMARY OF EXISTING HOURLY VOLUMES AND SPEED DATA WITH OLYMPIC PARKWAY OPEN TO HUNTE PARKWAY East H Street Westbound 6-7 AM 7-8 AM 8-9 AM DATE MPH LOS VOL MPH LOS VOL MPH LOS VOL 11/19/02 45.5 A 1470 34 B 1870 33.3 B 1980 11/20/02 39.4 A 1410 33.1 B 1920 28.5 B 1910 12/03/02 31.6 B 1390 31.4 B 1870 26.7 C 1820 12/04/02 38.6 A 1390 30.8 B 1920 31.9 B 1850 12/05/02 34.1 B 1380 30.2 B 1870 29.8 B 1850 12/10/02 35.3 A 1360 32.3 B 1880 35.3 A 1870 02/04/03 33.8 B 1460 28.7 B 2030 27.8 C 2000 02/05/03 36.2 A 1520 26.3 C 2030 29.8 B 2020 02/06/03 32.0 B 1520 32.3 B 2080 31.2 B 2110 Eastbound 34 PM 4-5 PM 5-6 PM DATE MPH LOS VOL MPH LOS VOL MPH LOS VOL 11/19/02 38.6 A 1940 35.9 A 1990 32.9 B 2080 11/20/02 28.4 B 2010 30.4 B 1860 30.3 B 2180 12/03/02 33,8 B 1930 28.5 B 2070 33.5 B 2100 12/04/02 30.7 B 1930 31.7 B 2070 30.7 B 2150 12/05/02 28.5 B 1880 28.7 B 2060 30.8 B 2070 12/10/02 30.9 B 1890 37.9 A 2040 33.3 B 2120 02/04/03 31.4 B 2020 35.4 A 2150 30.5 B 2310 02/06/03 36.0 A 1950 32.5 B 2200 30.5 B 2310 Telegraph Canyon Road Westbound 6-7 AM 7-8 AM 8~9 AM DATE MPH LOS VOL MPH LOS VOL MPH LOS VOL 11/19/02 41.4 A 1800 33.5 B 1970 32.4 B 1980 11/20/02 36.9 A 1790 32.4 B 1970 28.8 B 1970 12/03/02 33.1 B 1800 34.3 B 2060 28.5 B 2020 12/04/02 38.9 A 1780 35.6 A 2060 33.3 B 2030 12/05/02 35.9 A 1790 35.4 A 2060 29.1 B 2040 02/04/03 30.0 B 1870 33.6 B 2140 30.9 B 2090 02/05/03 41.9 A 1850 32.8 B 2130 33.9 B 2040 02/06/03 33.9 B 1870 26.6 C 2120 24.7 C 2090 Eastbound '" 3-4 PM 4-5 PM 5-6 PM DATE MPH LOS VOL MPH LOS VOL MPH LOS VOL 11/19/02 38.6 A 1700 38.0 A 1960 37.9 A 2040 11/20/02 30.9 B 1780 30.7 B 1820 30.7 B 2050 12/04/02 31.6 B 1870 33.8 B 1910 35,2 A 2040 12/05/02 29.5 B 1850 27.4 C 1860 28.3 B 1970 12/10/02 33.3 B 1770 31.1 B 1850 26.6 C 2000 02/04/03 31.1 B 1770 31.4 B 1940 29.8 B 2130 02/05/03 30.4 B 1910 33.1 B 1900 27.3 C 2190 02/06/03 30.0 B 1800 28.0 B 1980 27.3 C 2160 Source: City of Chula Vista for speeds, which are shown in MPH (i.e. 38.6) LLG for hourly v61umes, which are shown in vehicles per hour (i.e. 1940) MPH ~ Miles/Hour; LOS - Level of Service; VOL - Hourly Volume Eastern Territories Traffic Capacity Analysis City of Chula Vista -5- 3-02-1244 ENGINEERS FUTURE TRAFFIC CONDITIONS PREDICTION The future roadway capacity was estimated by calculating linear regression equations for each of the study arterials from the historical TMP and volume data in Table 2. From the linear regression equations, look-up tables with hourly volumes were calculated for LOS A through E. Each of the study arterials were evaluated to determine which roadway and direction of travel would be the "constraint" in the street system that would be the first artedal to have its capacity exceeded. Traffic was added to the "constrained" arterial until the TMP threshold of LOS D was reached. And finally, the added traffic was translated into a total number of new dwelling units. LINEAR REGRESSION EQUATIONS A linear regression equation is used to describe the dependence of one variable on another. For example, as the traffic volume increases on Telegraph Canyon Road, the average travel speed and LOS will decrease. The linear regression equations by direction for each arterial were calculated using the historical TMP speed and associated houdy volumes listed in Table 2. The equations are shown in Table 3 and the linear regression plots are included in Appendix C. TABLE 3 LINEAR REGRESSION EQUATIONS BY ARTERIAL Arterial, Direction and Peak Period Linear Regression Equation East H Street - Westbound in the AM MPH = 50.7 - 0.0102 x Volume East H Street - Eastbound in the PM MPH = 41.3 - 0.00435 x Volume Telegraph Canyon Road - Westbound in the AM MPH = 72.3 - 0.0197 x Volume Telegraph Canyon Road - Eastbound in the PM MPH = 45.9 - 0.00756 x Volumr LOOK-UP TABLE From the linear regression equations, a LOS'f60k-up table by hourly volume was created by plugging in the MPH to determine the associated volume. The hourly volumes LOS thresholds for each scenario are shown in Table 4. Eastern Territories Traffic Capacity Analysis City of Chula Vista 3-02-1244 TABLE 4 LOS LOOKUP TABLE BY HOURLY VOLUME LOS I~IPH East H Street - WB in the AM East H Street- EB in the PM Telegraph Canyon Rd - WB in the AM Telegraph Canyon Rd - EB in the PM A B _> 35 _> 28 1.540 2,230 1,450 3.060 1.890 2,250 1.440 2,370 c I D t E >22 I _>17 I <13 2,810 3,300 I 3,700 4,440 5,590 I 6,510 2,550 2,810 I 3,010 3,160 3,820 I 4,350 Source: LLG Engineers. Example calculation: LOS A for East H WB volume using MPH = 50.7 - 0.0102'Volume becomes 35 = 50.7 - 0.0102'Volurne => -15.7 = -0.0102*Volume => Volume = 1,539 => rounded to 1,540. CONSTRAINED SEGMENT Using the collected data, each segment was analyzed to determine which would reach the TMP threshold first. As shown in Table 5, westbound Telegraph Canyon Road was calculated to reach capacity first and therefore is considered to be the constrained segment. Telegraph Canyon Road is considered to be the constrained segment because it has the least amount of reserve capacity. Fewer vehicles can be added to Telegraph Canyon Road before it reaches capacity as compared to East H Street. Additionally, other factors that limit the capacity of Telegraph Canyon Road include friction from multiple driveways and delays from many traffic signals. Eastern Territories TrafT3c Capacity Analysis City of Chula Vista 3-02-1244 TABLE 5 CONSTRAINED SEGMENT ANALYSIS Date Highest Peak Volume at LOS D Percentage of Hour Volume from Linear Regression Reserve Capacity Before Equation LOS D is Reached East H Street Westbound 11/19/02 1980 3300 67% 11/20/02 1920 3300 72% 12/03/02 1870 3300 76% 12/04/02 1920 3300 72% 12/05/02 1870 3300 76% 12/10/02 1880 3300 76% 02/04/03 2030 3300 63% 02/05/03 2030 3300 63% 02/06/03 2110 3300 56% Eastbound 11/19/02 2080 5590 169% 11/20/02 2180 5590 156% 12/03/02 2100 5590 166% 12/04/02 2150 5590 160% 12/05/02 2070 5590 170% 12/10/02 2120 5590 164% 02/04/03 2310 5590 142% 02/06/03 2310 5590 142% Telegraph Canyon Road Westbound 11/19/02 1980 2810 42% 11/20/02 1970 2810 43% 12_/03/02 2060 2810 36% 12/04/02 2050 2810 38% 12/05/02 2060 2810 36% 02/04/03 2140 2810 31% - Controls 02/05/03 2130 2810 32% - Controls 02/06/03 2120 2810 .... * 33% - Controls Eastbound 11/19/02 2040 3820 87% 11/20/02 2050 3820 86% 12/04/02 2040 3820 87% 12/05/02 1970 3820 94% 12/10/02 2000 3820 91% 02/04/03 2130 3820 79% 02/05/03 2190 3820 74% 02/06/03 2160 3820 77% A segment and direction was determined to be the controlling roadway based on the least percent of reserve capacity as shown by the percentage. Westbound travel on Telegraph Canyon Road was determined to be the constrained segment or segment that "controls" becsuse the reserve capacity was the lawest (31%-33%) as ' cornparad to ail other segments listed. A higher percentage means that more traffic could be added before Eastern Tenitories Traffic Capacity AnaJysis City of Chula Vista - 8 - 3-02-1244 E N C I N E E R 5 FUTURE TRAFFIC VOLUME AND DWELLING UNITS The remaining capacity on the constrained segment of Telegraph Canyon Road in the westbound direction was used to determine the number of new dwelling units that could be added. This process included the following steps: A 10% increase in overall westbound Telegraph Canyon Road traffic was assumed in the future due to increases in non-residential traffic. This non- residential traffic includes background, passer-by, and other traffic using Telegraph Canyon Road. 2) A key assumption concerns the percentage of future eastern territory residents who will utilize Telegraph Canyon Road for their AM westbound peak period commute. Several factors were considered in order to estimate this percentage. First, there are generally four main routes to 1-805, Bonita Road, East H Street, Telegraph Canyon Road and Olympic Parkway. It is expected that due to a greater portion of future homes being in the southern areas of the eastern territories, that there will be more traffic using the more southern roadways. Second, a portion of AM peak hour trips will remain within the immediate area of the residences or utilize other minor arterials. Third, a recent survey (before .Olympic Parkway was opened to Hunte Parkway) conducted by SANDAG and the City of Chula Vista (Godre Research/ESTC, February 2002) indicated that approximately 80% of eastern Chula Vista commuters use Telegraph Canyon Road, East H Street or Olympic Parkway. Overall, it is estimated that 25% of future westbound AM peak period trips will utilize Telegraph Canyon Road as shown on Figure 2. 3) 4) Future residential units were assumed to generate 9.3 ADT per home, with 8% of the traffic during the AM peak hour and a 70/30 outbound/inbound split. The trip generation rate of 9.3 trips per household was based on the historic and recently permitted split between single- and multi-family homes in Chula Vista. Calculations are included in Appendix D. The TMP threshold was used as the trigger to determine the number of residential dwelling units that could be constructed and occupied. The TMP threshold based on the GMOC states that no more than two hours of Level of Service D is allowed. The next measurable increment of time in terms of potentially exceeding the TMP threshold is 30 minutes. Therefore, a two and a half hour time frame was utilized as the time threshold to determine the amount of additional dwelling units that would cause the TMP threshold to be exceeded. Table 6 shows that the TMP threshold of LOS D was exceeded on westbound Telegraph Canyon Road once 6,154 units are constructed (5,385 + 6,923 = 12,308 divided by 2 = 6,154). Since the baseline traffic counts were conducted in late 2002 and early-2003, the starting point for the additional dwelling unit count is January 1, 2003. City of Chula Vista -9- 3-02-1244 ENGINEERS The calculated unit count does not include units that could be gained if additional lanes were provided on East H Street and Telegraph Canyon Road. The benefit of providing these additional lanes was the subject of other traffic analyses, which are included in Appendix E. Ramp meters were assumed to not be installed at the 1-805 ramps. TABLE6 NEW HOME CAPACITY ON WESTBOUNDTELEGRAPH CANYON ROAD NUMBER OF PEAK HOURVOLUMES Jan Hourly Non- 2003 LOS Reserve Residential Directional Split Average D Capacity Use on Telegraph Multiplication Factor: 10% 70% (6-10AM 8% of ADT) 30% (3-7PM 10% of ADT) 50% (other 3% of ADT) 12:00-1:00 AM 120 2810 2690 2420 50% 1:00-2:00 AM 70 2810 2740 2470 50% 2:00-3:00 AM 60 2810 2750 2470 50% 3:00-4:00 AM 90 2810 2720 2450 50% 4:00-5:00 AM 280 2810 2530 2280 50% 5:00-6:00 AM 1010 2810 1800 1620 50% 6:00-7:00 AM 1810 2810 1000 900 70% 7:00-8:00 AM 2050 2810 760 680 70% ,8:00-9:00 AM 2030 2610 780 700 70% 9:00-10:00 AM 1670 2810 1140 1030 70% 10:00-11:00 AM 1490 2810 1320 1190 50% 11:00-12:00 PM 1540 2810 1270 1140 50% 12:00-1:00 PM 1540 2810 1270 1140 50% 1:00-2:00 PM 1500 2810 1310 1180 50% 2:00-3:00 PM 1630 2810 1180 1060 50% 3:00-4:00 PM 1930 2810 880 790 30% 4:00-5:00 PM 1650 '2810 1160 1040 30% 5:00-6;00 PM 1650 2810 1160 1040 30% 6:00-7:00 PM 1370 2810 1440 1300 30% 7:00-6:00 PM 1050 2810 1760 1580 50% 8:00-9:00 PM 960 2810 1850 1660 50% 9:00-10:00 PM 840 2610 1970 1770 50% 10:00-11:00 PM 480 2810 2330 2100 50% 11:00-12:00 PM 300 2810 2510 2260 .... - 50% TMP Threshold (based on 30 minute increment past the 2-hour threshold): 1~t Hour of LOS D (7:00-8:00 AM) 2nd Hour of LOS D (8:00-9:00 AM) 2 % Hours of LOS D (Average of 2"d Hour and 3rd Hour) 3m Hour of LOS D (6:00-7:00 PM) Notes: DWELLING UNITS Cony. from Assignment Vehicles to to WB Dwelling Telegraph Units Only 1.9231 25% 3.3333 6.6666 16133 64533 16467 65866 16467 65866 16333 65333 15200 60799 10800 43200 1731 6923 1308 5231 1346 5385 1981 7923 7933 31733 7600 30400 7600 30400 7867 31466 7067 28266 2633 10533 3467 13867 3/67 13667 4333 17333 10533 42133 11067 44266 11800 47200 14000 55999 15O67 60266 5,231 Dwelling Units 5,385 Dwelling Units 6,154 Dwelling Units 6,923 Dwelling Units Example calculation for conversion of volume to house; 100 homes x 9.3 ADT = 930 ADT => 74 Pk Hr AM peak for 2-way (8% of ADT) => 52 Pk Hr 1-way (74 x 0,7 from 70/30 split) => rate of vehicles per dwelling units => 100/52 = 1.9231 vehicles/dwelling unit. Example calculation for convemion from vehicles to dwelling units: 1,731 dwelling units x 9.3 ADT = 16,098 ADT x 8% = 1,288 AM peak hourx 70% = 900 peak hour vehicle trips. Example calculation for assignment to WB Telegraph: 6,923 dwelling units x 25% = 1,731 dwefling units. 17-- Eastern Territories Traffic Capacity Analysis City of Chula Vista 3-02-1244 CONCLUSIONS With a starting date of January 1, 2003, it is predicted that about 6,150 residential dwelling units could be constructed and occupied before the TMP threshold would be exceeded. This amount assumes no roadway improvements are constructed. LLG has conducted previous analyses under separate cover (see Appendix E) that estimated the amount of dwelling units, which could be constructed if specific roadway improvements were constructed. These past analyses indicated the following: 1) 600 additional units could be provided if an additional lane was provided on East H Street approaching 1-805, 2.) 1,300 additional units could be constructed if an additional lane was provided on Telegraph Canyon Road approaching 1-805, and 3) 940 additional units could be built if the 1-805/Olympic Parkway Interchange improvements were constructed. In summary, a total of 8,990 residential dwelling units could be constructed as shown in Table 7. A graphic display of the capacities along a time line are shown in Figure 3. TABLE 7 RESIDENTIAL DWELLING UNIT SUMMARY Capacity Estimated and Completion Improvements Date 1) TMP Threshold Capacity Now 2) EaSt H Street--Additional Lane June 2003 3) Telegraph Canyon Road--Additional Lane Dec 2003 4) Olympic Parkway--Interchange Improvements Feb 2005 Additional Dwelling Units 6,150 residential dwelling units 600 residential dwelling units 1,300 residential dwelling units 940 residential dwelling units Total I 8,990 residential dwelling units -]2- Eastern Territories Traffic Capacity Analysis City of Chula Vista 3-02-1244 - ~o1~1~ \ \ \ - ~- W EASTLAKE EXHIBIT "F" RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: Lute, Forward, Hamilton & Scripps LLP 600 West Broadway, Suite 2600 San Diego, CA 92101 Arm: Nancy T. Scull, Esq. ABOVE SPACE FOR RECORDER'S USE LIMITED POWER OF ATTORNEY This Limited Power of Attomey ("Power Of Attorney") is effective upon execution by CHULA VISTA LOT OPTION L.P., a California limited partnership ("Owner") and WILLIAM LYON HOMES, INC., a California corporation ("Builder"), which hereby appoint THE EASTLAKE COMPANY, LLC, a California limited liability company ("EastLake") as Owner's and Builder's attorney in fact, and delegates to EastLake the authority, to act in Owner's and Builder's place and stead for the sole purpose of exemising any of the following powers set forth below only as they pertain to that certain master-planned residential project commonly known as the "EastLake III Community" situated in the City of Chula Vista ("City"), State of Califomia ("EastLake III Cormnunity") and the real property now owned by Owner and Builder which is situated in the EastLake III Community and more specifically described on Exhibit "A" attached hereto and incorporated herein ("Property"). Owner and Builder hereby acknowledge that this is a binding obligation of Owner and Builder and that the City has required EastLake to enter into an "Agreement for Monitoring Building Pen-nits" ("City Agreement") with the City impacting the EastLake III Community, including the Property, regarding the issuance of building permits in the EastLake III Community. In order for the City to allow the issuance of additional building permits in excess of thresholds previously established by the City, the City has required EastLake to enter into the City Agreement with City ("City Condition"). In order to satisfy the City Condition, Owner and Builder hereby grant to EastLake the following powers: 1. To execute and acknowledge on Owner's and Builder's behalf the City Agreement in order to satisfy the City Condition, which City Agreement shall provide that EastLake shall only be authorized to issue from the City among Owner, Builder and other developers of residential projects in the EastLake III Community, a limited number of building permits during the following fiscal years: (a) April 2003 to March 2004 of which the Property will be provided eighty-five (85) building permits, (b) April 2004 to March 2005 of which the Property will be provided forty-seven (47) building permits, (c) April 2005 to March 2006 of which the Property will be provided zero (0) building permits, and (d) April 2006 to March 2007 of which the Property will be provided zero (0) building permits. The foregoing distribution of building permits is subject to Section 2 of that certain Agreement dated concurrently herewith between Owner, Builder and EastLake. 2. To record the City Agreement against the Property. EastLake III/William Lyon VR 9 & 1 i Limited Power of Attorney 11200'00097-1846545.2 [WI / '7 ~/~:~ 4/10/03 3. To do and perform every act necessary, requisite or proper to be done in connection with the execution and recordation of the City Agreement. This Power of Attorney does not authorize EastLake to execute, on Owner's and Builder's behalf, any amendment, modification or supplement of or to the City Agreement, which reduces the number of permits collectively allocated to the Property. 4. EastLake acknowledges and agrees that the powers granted herein are conditioned upon the satisfaction of the requirements to obtain limited power of attorneys, as set forth in the City Agreement, from the parties identified therein. OWNER AND BUILDER HEREBY AGREE TO RATIFY AND CONFIRM ALL THAT EASTLAKE SHALL LAWFULLY DO OR CAUSE TO BE DONE BY VIRTUE OF THIS POWER OF ATTORNEY, INCLUDING RATIFICATION AND CONFIRMATION OF THE CITY AGREEMENT. EASTLAKE: OWNER: THE EASTLAKE COMPc~.NY, LLC, a CHULA VISTA LOT OPTION L.P., a California Califom~7~? limit_ed partnership By: /t/~/] ~O~t~'- By: Hearthstone, Inc. NatCer:"CqillCm~ T. OsCefl~¢ a California corporation, Title: President Manager By:~ ~[~'~k_~ J Name: Debra Klingh4r Title: Vice President By: Tracey Carver Senior Vice President-General Counsel BUILDER: WILLIAM LYON HOMES, 1NC., a California corporation . ,~' By: ' Name: "~ich~rd ,$ F~nbin~r~ Title: Name: ' - H- Ot~bl~ Title: la hg® t EastLake III/William Lyon VR 9 & l 1 Limited Power of Attorney 11200-00097- 1846545.2 [W] 2 4/10/03 LEGAL DESCRIPTION OF PROPERTY VR-9&I 1 REAL PROPERTY IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL 2 IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALWORNIA, ACCORDING TO PARCEL MAP 19091, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 7, 2002 STATE OF ) ) COUNTY OF ) SS: WITNESS my hand and official seal. ~ ~ ~otmy pu~linc~ ~3~o~ J ~ ,~n OMo County Not~y Public STATE OF ) ) COUNTY OF ) SS: On ,20 , before me, , notary public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(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(ies), and that by his/her/their signature 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. Notary Public STATE OF CALll*ORNIA ) COUNTY OF S'-grN-DmGO~Lu.o~ ) On ~ IO.0',20~3, bef~reme., ~Z~~ ,Notary Public, personally appeared ~'~ C~O.~S. ~<~~ &.rson. allyr.k~.0~nl to me to be the person whose name is subscribed to the within instrument a~d acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. KATHY ~,~PSON NOTARY PUBUC - CALIFORNIA COMMISSION · 1397488 ORANGE COUN~ Notary ~for said State STATE OF CALIFORNIA ) COUNTY OF 8AN DIEGO~..v~) O On ~ $C)0~0~,b~ ~~Notaryeublic, personally appearea [j~ . , ff4rsonally [mown to me to be the person whose name is subscribed to the within instrument afld acknowledged to me that he execmed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary P~d for said State EastLak¢ In/William Lyon VR 9 & 11 Limited Power of Attorney 11200-00097-1846545.2 [W] / 7'~ I ~' t 4/10/03 EASTLAKE EXHIBIT "F" RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: Luce, Forward, Hamilton & Scripps LLP 600 West Broadway, Suite 2600 San Diego, CA 92101 Attm Nancy T. Scull, Esq. ABOVE SPACE FOR RECORDER'S USE LIMITED POWER OF ATTORNEY This Limited Power of Attorney ("Power Of Attorney") is effective upon execution by CHULA VISTA LOT OPTION L.P., a California limited partnership ("Owner") and WILLIAM LYON HOMES, INC., a California corporation ("Builder"), which hereby appoint THE EASTLAKE COMPANY, LLC, a California limited liability company ("EastLake") as Owner's and Builder's attorney in fact, and delegates to EastLake the authority, to act in Owner's and Builder's place and stead for the sole purpose of exercising any of the following powers set forth below only as they pertain to that certain master-platmed residential project commonly known as the "EastLake III Commmfity" situated in the City of Chula Vista ("City"), State of California ("EastLake III Community") and the real property now owned by Owner and Builder which is situated in the EastLake III Community and more specifically described on Exhibit "A" attached hereto and incorporated herein ("Property"). Owner and Builder hereby aclmowledge that this is a binding obligation of Owner and Builder and that the City has required EatLake to enter into an "Agreement for Monitoring Building Permits" ("City Agreement") with the City impacting the EastLake III Commuaity, including the Property, regarding the issuance of building penuits in the EastLake III Community. In order for the City to allow the issuance of additional building permits in excess of tln'esholds previously established by the City, the City has required EastLake to enter into the City Agreement with City ("City Condition"). In order to satisfy the City Condition, Owner and Builder hereby grant to EastLake the following powers: 1o To execute and acka~owledge on Owner's and Builder's behalf the City Agreement in order to satisfy the City Condition, which City Agreement shall provide that EastLake shall only be authorized to issue from the City among Owner, Builder and other developers of residential projects in the EastLake III Community, a limited number of building permits during the following fiscal years: (a) April 2003 to March 2004 of which the Property will be provided eighty-five (85) building penuits, (b) April 2004 to March 2005 of which the Property will be provided forty-seven (47) building permits, (c) April 2005 to March 2006 of which the Property will be provided zero (0) building permits, and (d) April 2006 to March 2007 of which the Property will be provided zero (0) building permits. The foregoing distribution of building permits is subject to Section 2 of that certain Agreement dated concurrently herewith between Owner, Builder and EastLake. 2. To record the City Agreement against the Property. Ea~tLake III/William Lyon VR 9 & 11 Limited Power of Attorney 200-00097-,. .2 lwl / 7-/5-2 3. To do and perform every act necessary, requisite or proper to be done in connection with the execution and recordation of the City Agreement. This Power of Attorney does not authorize EastLake to execute, on Owner's and Builder's behalf, any amendment, modification or supplement of or to the City Agreement, which reduces the number of permits collectively allocated to the Property. 4. EastLake acknowledges and agrees that the powers granted herein are conditioned upon the satisfaction of the requirements to obtain limited power of attorneys, as set forth in the City Agreement, from the parties identified therein. OWNER AND BUILDER HEREBY AGREE TO RATIFY AND CONFIRM ALL THAT EASTLAKE SHALL LAWFULLY DO OR CAUSE TO BE DONE BY VIRTUE OF THIS POWER OF ATTORNEY, INCLUDING RATIFICATION AND CONFIRMATION OF THE CITY AGREEMENT. EASTLAt~: OWNER: THE EAST~AKE .G~PANY, LLC, a By: TitI'e: President Title: Vice President CHULA VISTA LOT OPTION L.P., a California limited partnership By: Hearthstone, Inc. a California corporation, Mana~ B : ':~ Y~' cr~~neral Counsel BUILDER: WILLIAM LYON HOMES, INC., a California co~poration By: Name: Title: By: Name: Title: EastLake lll/'Wiiliam Lyon VR 9 & 1 I Limited Power o£Attoraey 11200-00097 - 1846545.2 [WI 2 4/10103 LEGAL DESCRIPTION OF PROPERTY VR-g&I 1 REAL PROPERTY IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL 2 IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARCEL MAP 19091, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 7, 2002 STATE OF CAL][TFORNIA ) f--'rz-/~ c. lxc,~) ss. COUNTY OF SAN ~,~0 ) On /1~-,,4 / I o ,2003, before me, /In-Jc~ ~ ~_ vv'o~ ~) , Notary Public, personally appeared -r7'~4-c-~/ ~-. ~za,l-~Z.-- , personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his sigmature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary P~¢lic in and for said State STATE OF CALIFORNIA COUNTY OF SAN DIEGO SS. On ,2003, before me, , Notary Public, personally appeared , personally k2rown to me to be the person whose name is subscribed to the within instrument and ackarowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public in andfor said State EastLake III/William Lyon VR 9 & 1 Limited Power of Attorney 11200-00097 - 1846545,2 [W] 4/10/03 STATE OF .~..~ ) ) COUNTY OF ) SS: ' I On ~ [ ,20 0~,, before me, j'z~o~t.) C. ['~.P-~ , notary public, personally appeared ~2.~a-~,]', t~z)t .t~.~. ~ ~ [~~ , personally ~m to me (or proved to mc on ~c ~sm of satisfaeto~ cvidc~&~-b~e p~son~hose nm~ is/~ubscfibed to ~e within ~em ~d ac~owledged to me ~/sh~ex~med the sme~s~er~authofized capaci~ ~d that ~er~si~a~ the ~s~ent the persop(s~ or the enfi~ upon beh~f ofw~ch ~e pe~o~(s)~cted, executed ~e ~ment. WIT~SS my h~d and official seal. 1 ~ commission ~ ~ 339922[ ~ No~ Public- Cali[ornia ~ ~ ~ San D~o Coun~ ~ Not~y Public STATE OF ) ) COUNTY OF ) 85: On ,20 , before me, , notary public, personally appeared personally lmovar to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(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 on the instrument the person(s), or the entity npon behalf of which the person(s) acted, executed the insmtment. WITNESS my hand and official seal. Notary Public RECORDING REQUESTED BY: EASTLAKE EXHIBIT "F" AND WHEN RECORDED MAIL TO: Luce, Forward, Hamilton & Scripps LLP 600 West Broadway, Suite 2600 San Diego, CA 92101 Attn: Nancy T. Scull, Esq. ABOVESPACEFORRECORDER~USE LIMITED POWER OF ATTORNEY This Limited Power of Attorney ("Power Of Attorney") is effective upon execution by DW CHULA VISTA L.P., a California limited partnemhip ("Builder"), which hereby appoints THE EASTLAKE COMPANY, LLC, a California limited liability company ("EastLake") as Builder's attorney in fact, and delegates to EastLake the authority, to act in Builder's place and stead for the purpose of exemising any of the following powers set forth below only as they pertain to that certain master-planned residential project commonly known as the "EastLake III Community" situated in the City of Chnia Vista ("City"), State of California ("EastLake III Community") and the real property owned by Builder which is situated in the EastLake III Community and more specifically described on Exhibit "A" attached hereto and incorporated herein ("Property"). Builder hereby acknowledges that this is a binding obligation of Builder and that the City has required EastLake to enter into an "Agreement for Monitoring Building Permits" ("City Agreement") with the City impacting the EastLake III Community, including the Property, regarding the issuance of building permits in the EastLake III Community. In order for the City to allow the issuance of additional building permits in excess of thresholds previously established by the City, the City has required EastLake to enter into the City Agreement with City ("City Condition"). In order to satisfy the City Condition, Builder hereby grants to EastLake the following powers: 1. To execute and acknowledge on Builder's behalf the City Agreement in order to satisfy the City Condition, which City Agreement shall provide that EastLake shall only be authorized to issue from the City among Builder and other developers of residential projects in the EastLake Ill Community, a limited number of building permits during the following fiscal years: (a) April 2003 to March 2004, (b) April 2004 to March 2005, (c) April 2005 to March 2006, and (d) April 2006 to Mamh 2007. 2. To record the City Agreement against the Property. 3. To do and perform every act necessary, requisite or proper to be done in connection with the execution and recordation of the City Agreement. BUILDER HEREBY AGREES TO RATIFY AND CONFIRM ALL THAT EASTLAKE SHALL LAWFULLY DO OR CAUSE TO BE DONE BY VIRTUE OF THIS EastLake lll/Davidson VR=3 Limited Power of Attorney 11200-94/1845054.3 [WI POWER OF ATTORNEY, INCLUDING RATIFICATION AND CONFIRMATION OF THE CITY AGREEMENT. EASTLAK~: BUILDER: THE EASTLAKE COMPANY, LLC, N~ll'~a~s~m Title: Presiflent Name-: Debra Klin~rL~ Title: Vice President DW CHULA VISTA L.P., a California limited partnership By: CHULA VISTA 118 LLC, a California limited liability company, General Partner By: Davidson Project Services, Inc., a California corp.~ration, Manager By: ~ '~ William A. Davidson, President E~tLak¢ lll/Davidson VR-3 Limited Power of Attorney 11200-94/1845054.3 Exhibit "A" LEGAL DESCRIPTION OF PROPERTY VR-3 REAL PROPERTY IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: LOTS 415 THROUGH 428, 433 THROUGH 441,478 THROUGH 481,495 THROUGH 529 INCLUSIVE OF CITY OF CHULA VISTA TRACT 01-09, EASTLAKE l]l VISTAS PHASE 2IN THE CITY OF CHULA VISTA, COUNTY OF SAN DrF. GO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14404, FILED 1N THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 5, 2002 / 7-15' STATE OF CALIFORNIA ) ) SS. COUNTY OF SAN DIF. GO ) On ~)~r~ / ~';7 / ,2003, before me, ~-~.~' -~/~- Jfl~r_~/..~p/e'~, Notary Public, personally appeared (x~26~,~ ,4. 73~,,/~-~,,~ , personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Commi~on # 1388866 Notary Public - California Son Diego County -Notary Public in and for said 84.ate STATE OF CALIFORNIA ) ) SS. COUNTY OF SAN DIEGO ) On ,2003, before me, , Notary Public, personally appeared , personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for said State 4/7/03 EastLake III Limited Power of Attorney 11200-94/1845054.1 [WI / 7 ~' /& O CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California /.._.~/~[.,~ SS. County of personally appeared evidence Commission # t3868~ Notary Public- Colifomlo Son D~go Coun~ to be the person~,~ whose eame(~ is/er-e- subscribed to the within instrument and acknowledged to me that he/she,'thcy oxecuted the same in his/h-~/~h~ authorized capacity(les'), and that by his/hed'tllL~ signature~'~ on the instrument the person(~, or the entity upon behalf of which the person~,~ acted, executed the instrument. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: *.?/ Document Date' ~'/"'/~Y)~'// .4~,~ ~'~ Signer(s) Other Than Named Above: . Number of Pages: Capacity(les) Claimed by Signer Signer's Name: L~ individual ~ ~ Corporate Officer -- Title(s): //~Z~/G/'~/3 ~'/' Partner-- [~ Limited [] General [] Attorney-in-Fact [] Trustee O Guardian or Conservator O Other: Signer Is Representing: STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) On ~t~ B ,2003, beforeme, d.L~0~,u~-I~?. , Notary Public, personally appeared ~]~', 0 z~-[,ae, mO , p~sonally ~o~ to me to be ~e person whose n~e is subscribed to ~e wi~ ~s~eat ~d ac~owl~ged to me ~at he executed the s~e in his auto.ed capaci~, ~d ~at by his silage on ~e ~ent the p~son, or ~e enfi~ upon behalf of which ~e p~son acted, ~i~.~ ~ ~ ~ ~ ~ ~ Commission ~ 133~22 ~ ~ Nom~ Public - California W~ESS my h~d and official seal. ~ ~ sa~ ~o C~ua~ ~ ~ ~1~F~12,~ No~u Public in ~d for said State STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) On .,~ II , 2003, before me, ~/~ ~.,/~Q~..e~ , Notary Public, personally appbared ~'~.~AO~ ~/1~ , personally known to me to be the person whose name is subscribed toCfhe within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his. ~-- .,.,sigo-atum on the ins~trujn~ ent the person, or the entity behalf of which the acted, ex~I ~ ln~:l~ C. BRAZELL ~ /~r ~..~L--'~ Commission # 1339922 ~ ~ Notary Public- Cali[ornia San Diego County WITNESS my hand and official seal X~°s Notary Public in and for(~aid State EastLake [lI/Davidson VR-3 Limited Power of Attorney [ 1200-94/I 845054.3 EASTLAKE EXHIBIT "F" RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: Luce, Fonvard, Hamilton & Scripps LLP 600 West Broadway, Suite 2600 San Diego, CA 92101 Attn: Nancy T. Scull, Esq. ABOVESPACEFORRECORDER~USE LIMITED POWER OF ATTORNEY This Limited Power of Attorney ("Power Of Attorney") is effective upon execution by MONTICELLO AT EASTLAKE, L.P., a California limited partnership ("Builder"), which hereby appoints THE EASTLAKE COMPANY, LLC, a California limited liability company ("EastLake") as Builder's attorney in fact, and delegates to EastLake the authority, to act in Builder's place and stead for the purpose of exercising any of the following powers set forth below only as they pertain to that certain master-planned residential project commonly known as the "EastLake III Community" situated in the City of Chula Vista ("City"), State of California ("EastLake III. Community") and the real property owned by Builder which is situated in the EastLake III Community and more specifically described on Exhibit "A' attached hereto and incorporated herein ("Property"). Builder hereby acknowledges that this is binding obligation of Builder and that the City has required EastLake to enter into an "Agreement for Monitoring Building Permits" ("City Agreement") with the City impacting the EastLake 1II Community, including the Property, regarding the issuance of building permits in the EastLake III Community. In order for the City to allow the issuance of additional building permits in excess of thresholds previously established by the City, the City has required EastLake to enter into the City Agmer~ent with City ("City Condition"). In order to satisfy the City Condition, Builder hereby grants to EastLake the following powers: 1. To execute and acknowledge on Builder's behalf the City Agreement in order to satisfy the City Condition, which City Agreement shall provide that EastLake shall only be authorized to issue from the City among Builder and other developers of residential projects in the EastLake BI Community, a limited number of building permits during the following fiscal years: (a) April 2003 to March 2004, (b) April 2004 to March 2005, (c) April 2005 to Mamh 2006, and (d) April 2006 to March 2007. 2. To record the City Agreement against the Property. 3. To do and perform every act necessary, requisite or proper to be done in connection with the execution and recordation of the City Agreement. EastLake lll/Corner~tone VR-8 Limited Power of Attorney [ I200-90/I 845129.2 BUILDER HEREBY AGREES TO RATIFY AND CONFIRM ALL THAT EASTLAKE SHALL LAWFULLY DO OR CAUSE TO BE DONE BY VIRTUE OF THIS POWER OF ATTORNEY, INCLUDING RATIFICATION AND CONFIRMATION OF THE CITY AGREEMENT. EASTLAKE: BUILDER: THE EASTLAKE COMPANY, LLC, a C alifo~i~~mpany By: Title: President NamefDebra Klingner Title: Vice President MONTICELLO AT EASTLAKE, L.P., a California limited partnership By: Cornerstone Cc}~m~n.ities Corporation, a CalifTflaia c~/rl~fi~gn By: t /~ ~ Name:~3r~.~R~. Kretowicz Title: Chief Executive Officer EastLake III/CornerStone 'VR~8 Limited Power of Atton~ey Exhibit "A" LEGAL DESCRIPTION OF PROPERTY VR-8 REAL PROPERTY IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: LOTS 557, 561 THROUGH 724 INCLUSIVE OF CITY OF CHULA VISTA TRACT 01-09, EASTLAKE I13[ VISTAS PHASE 2IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14404, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 5, 2002 STATE OF CALIFORNIA ) ) SS. COUNTY OF SAN DIEGO ) On~L'~/~/'Z ~ ,2003, beforeme,,~-~'~/F,4"/? /dz>/Z-'¢0'V/,NotaryPublic, personally appeared ~Z' ~./c"/~d-f'~,-/"( 2~ , personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. W1TNESS my hand and official seal. Commission # 1341020 Notary Pubhc - Calfforma San Diego Counbf d/Notary Public in and for said State STATE OF CALIFORNIA ) ) SS. COUNTY OF SAN DIEGO ) On f~d~. I~, ~o~o3,2003, beforeme,~/'~oa,va~C.~a53.c¢{ _, Notary Public, persop_ally appear, e4~dd~ I .tg~,x~o~[ ~o~ ~[~O0~A, personally l~.nown to me to be the perso~SJ)vhose na~e3s~[s.cdbed to the wi~hiaxinst~ument/4nd ~ckno~yl~lged to me that exec~t~e~ the same in h{~haeti{'h[rized capac~t~e, Sa~d tb/'act~y ["~e~-~namr~9~ the instrument the persd~qr the entity upon behalf of which the perso~/~ted, executed the instrument WITNESS my hand and official seal. Commission # 1339922 z Notary Public- California ~ Notary Public in a~d for said State 4~8~03 EastLake Iii/Cornerstone VR-8 Limited Power of^ttomey l 1200-90/l 845129.2 / ~7.,~/ ~¢ Recording requested by: City of Chula Vista After recording return to: City Clerk's Office City of Chula Vista 276 Forth Avenue Chula Vista, CA 91910 This space for Recorderts use only AGREEMENT FOR MONITORING OF BUILDING PERMITS This Agreement for the Monitoring of Building Permits ("Agreement") is made as of this day of , 2003, by and between the CITY OF CHULA VISTA, a municipal corporation ("City"), and McMILLIN OTAY RANCH, LLC ("Developer") with reference to the following recitals: RECITALS 1. The Property, This Agreement concerns and affects certain real property located in Chula Vista, California, more particularly described on Exhibit "A" attached hereto and incorporated herein ("Property"). 2. Project. The Property is a master planned community commonly known as "McMillin Otay Ranch" ("Project"). The City Council approved a General Development Plan, SPA P!an, Public Facility Financing Plans ("PFFP") Resolution No. 2002-022, January 22, 2002, Tentative Map No. 02-03, adopted by Resolution 2002-060, February 26, 2002 ("Tentative Map"), and other various entitlements (referred to herein collectively as "Entitlements") for development of the Project. 3. Mitigation Measures. The mitigation identified by the Project's EIR and incorporated as Tentative Map Condition (No. 9), provides as follows: Pr/or to the construction of SR-125, the City shall stop issuing new building permits for McMillin/Otay Ranch Village 6 when the City, in its sole discretion, determines either; a) Building permits for a total of 9429 dwelling units have been issued for projects east ofl-805, or 1 b) An alternative measure is selected by the City in accordance with the City of Chula Vista Growth Management Ordinance. The start date for counting the 9429 dwelling units is January 1, 2000. Notwithstanding the foregoing, the City may issue building permits if the City Council decides in its sole discretion that either; the cimulation system has additional capacity without exceeding the GMOC traffic threshold standards based upon traffic studies approved by the City Engineer; other improvements are constructed which provide additional necessary capacity; or the City selects an alternative method of implementing the GMOC standards. 4. Municipal Authority. The City of Chula Vista, California, pursuant to Article XI of the California Constitution and the City Charter of the City of Chula Vista, may adopt and enforce all ordinances and regulations with respect to municipal affairs, including the authority to adopt and enforce general and specific plans, zoning and subdivision regulations, and other land use control measures to protect and promote the public health, safety and welfare of its citizens. 5. Growth Management Element. The Growth Management Element of the City's General Plan sets forth goals, policies and objectives which, among other things, ensure that the pace and pattern of residential development is coordinated with the provision for adequate public facilities and services. To this end, Growth Management Policy 4.2(e) calls for the use of threshold standards to define the minimum acceptable level of public facilities and service that maintains a quality environment while allowing development to continue and to monitor these facilities. 6. Growth Management Ordinance. The City of Chula Vista enacted the Growth Management Ordinance (Chapter 19.09 of the Chula Vista Municipal Code), (referred to herein as "Growth Management Ordinance") to ensure that public facilities, services and improvements meeting city standards exist or become available concurrent with the need created by new development and to prevent growth which has been planned for by the City to proceed unless adequate public facilities and improvements are provided in a phased and logical fashion as required by the General Plan. The Growth Management Ordinance establishes quality of life threshold for public facilities. 7. Traffic Study. The parties have reviewed the Traffic Study prepared by Linscott, Law and Greenspan dated April 10, 2003, (referred to herein as "Traffic Study" and a portion of which is attached as Exhibit "D") and based upon that study has determined that a certain number of building permits east of 1-805, may be issued without exceeding the City's current ability to provide public transportation facilities concurrent with residential growth which will not result in a reduction in level of service thresholds (as set forth in the Growth Management Ordinance) if certain transportation improvements have been constructed. 8. Alternative Measure. The parties have determined that residential development at the current rate will outpace the provision of needed transportation facilities, thereby posing a substantial risk to the public health and safety of the community. The City Council further 2 determines and, Developer concurs, that in compliance with the Property mitigation measure, an alternative measure is necessary pursuant to paragraph 3(b) above. This measure will protect the public health and safety, as shown in the Traffic Study, by preventing the rate of development from exceeding the ability to provide public facilities in an orderly and phased manner consistent with the intent and purpose of the measure, Growth Management Ordinance and Growth Management Element of the Progress Guide and General Plan. 9. Monitoring Program, To ensure the maintenance of the Chula Vista Quality of Life Threshold Standards, meet the mitigation requirements of development projects, and stabilize the rate of residential development within eastern Chula Vista, the City, Developer and other developers within eastern Chula Vista, determine it is necessary to undertake steps necessary to implement a program, as set forth in this Agreement, for monitoring of building permits in order to implement the Growth Management ordinance and the Project's Mitigation requirements ("Monitoring Program"). NOW, THEREFORE, the parties agrees as follows: A. Agreement Applicable to Subsequent Owners. Agreement Binding upon Successors. This Agreement shall be binding upon and inure to the benefit of the successors, assigns and interests of the parties as to any or all of the Property, as described on Exhibit "A", until released by the mutual consent of the parties. Agreement Runs with the Land. The burden of the covenants contained in this Agreemeut ("Burden") benefit and burdens the Property, its successors and assigns and any successor in interest thereto as well as benefit the City. City is deemed the sole beneficiary of such covenants for and in its own right and for the purposes of protecting the interest of the community and the public in whose favor and for whose benefit of such covenants running with the land have been provided without regard to whether City has been, remained or are owners of any particular land or interests therein. If such covenants are breached, the City shall have the right to exercise all rights and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach to which it or any other beneficiaries of this Agreement and the covenants may be entitled. Release to Individual Homeowners. Upon conveyance of a residential unit to an individual homeowner, such lot shall be released from the obligation under this Agreement and as against Developer's successor-in- interest to such lot. B. Building Permit Definition. The specific provisions of this Agreement shall apply to building permits for residential development. For purposes of this Agreement only, "building permits" means permits issued for the construction of new dwelling units requiring issuance of a building permit, but does not include the exceptions set forth in Paragraph E herein, and remodeling, additions, rehabilitation or other improvements to an existing structure, or rebuilding or replacement of an existing structure, provided such activities do not result in an increase in dwelling units. C. Duration. This Agreement shall commence upon the Effective Date of this Agreement and terminate on March 31, 2006. D. Projects Governed by the Monitoring Program: The Monitoring Program shall govern all phases of the development of the Property as depicted in the Entitlements, which are owned by the Developer and its successors in interests, which are subject to the numeric development threshold described in Paragraph 3 of this Agreement. E. Projects Not Governed by the Monitoring Program. City and Developer agree that the following types of development projects shall not be subject to this Agreement: AffOrdable housing units which meet the criteria for affordable housing as set forth in the City's Housing Element of the General Plan and will be constructed pursuant to a fully executed City of Chula Vista Affordable Housing Agreement; and Development projects which are not subject to a numeric development threshold (building permit limitation) and have met their major infrastructure obligations as required by that project's entitlements and the Growth Management Ordinance, as such projects are more fully described on Exhibit "C"; and Model Homes constructed for the Project; provided however, the building permit for that model home shall count, against the Developer's total allocation of building permits within the year the final inspection for that model home allows occupancy. For purposes of this paragraph "model home" means a home used for the purpose of marketing similar homes within the Project during the time these homes are offered for sale to the public. Model homes are not permanently occupied and there is no transfer of ownership to an individual homebuyer, other than to a private investor. 4. Commercial and Industrial development and other nonresidential development. F. Permit Limitations. Developer understands and agrees that the total number of building permits for all phases of development of the Property are subject to the Monitoring Program. The total number of building permits to be issued by the City for the Projects listed on Exhibit "B" shall not exceed 6,630 building permits for the term of said Program. The annual distribution, commencing from April 1 4 to March 31 of each year for development projects subject to the Monitoring Program shall be as follows: Iq-17f Year Permits (April 1 to March 31~ 4/I/03-3/31/04 2475 4/1/04-3/31/05 2375 4/1/05-3/31/06 1780 Total 6630 Developer agrees that its share of the building permits for each year of the Monitoring Program shall be in the amount set forth in Exhibit "B," which shall control the number of building permits that shall be issued by the City for the Property. Any building permits issued within the Property, whether obtained by Developer or its successors interest (e.g., its merchant builders) shall be counted against Developer's allocation shown on Exhibit "B." Developer agrees not to request building permits, which would exceed its allocation total for each of the years of the Monitoring Program. Developer shall be responsible for obtaining compliance with its allocation obligations as set forth in this Agreement from all applicable parties. Any building permits not issued from the total allocated in any given year will be added to the subsequent year's allocation. If two or more developers agree in writing to reassign permits amongst themselves, the City shall adjust the permit schedule and issue permits in accordance with the reassignment agreement(s) so long as the reassignments do not exceed the yearly allocation and the other terms of the Monitoring Program. I. Other Condition of Approval. Other than as specifically provided for in this Agreement, nothing herein shall be construed as relieving Developer from complying with the Project's other conditions of Entitlements and all City regulations, standards and policies, including the City Growth Management Program, and related threshold standards shall apply to the Project. Furthermore, the total number of residential units for the Project remain unchanged, as set forth in the Entitlements. H.. Completion of Roadway Improvements. Notwithstanding the foregoing, Developer understands and agrees that the number of building permits attributed to each of the improvements as shown on Exhibit "E", shall be available to be allocated under the terms of this Agreement upon the completion of such roadway improvements. For example, the completion of Olympic Parkway and other completed improvements (as described in the Traffic study) added 6, 150 building permits available to be issued by the City, beginning as of January 1, 2003. Other traffic enhancement improvements listed on Exhibit "E" provide capacity for additional building permits in the amounts shown on Exhibit "E." If any of the roadway improvements are not completed by the dates shown, then the corresponding number of building permits attributed to said improvements shall be deducted by the City from the total number of building permits to be issued for the last twelve (12) months of the Monitoring Program. The amount deducted shall be prorated against all the developers' totals shown on Exhibit"B" on a proportionate basis. If the traffic improvement is later completed; the number of building permits attributed to said improvement shall be added back to the total available to be allocated based upon the same pro rata formula. For purposes of this paragraph the term "completion of improvements" shall mean when said improvements are open to the public for use. Nothing herein shall limit the City's ability to pursue other legal remedies available through other Agreements (i.e. Traffic Enhancement Agreement) with respect to the completion of the traffic enhancement improvements. I. Traffic Enhancement Agreement. Notwithstanding any provisions to the contrary herein, Developer acknowledges and agrees that upon execution of this Agreement by the City, the City has fully and completely satisfied City's obligations as set forth in Article 2 (Sections 2.1 through 2.3) of that certain Agreement for Financing and Construction of Roadway Improvements for Traffic Enhancements, approved by the City Council by Resolution 2002-376 ("Traffic Enhancement Agreement"). In particular, the City shall not be required to process nor present for City Council consideration any amendments to Developer's Project entitlements as described in paragraph 2.1(b) of said Traffic Enhancement Agreement. Notwithstanding the foregoing, all other terms, conditions, and obligations of the Traffic Enhancement Agreement shall remain in full force and effect. J. Growth Management Ordinance. Notwithstanding any provisions to the contrary herein, Developer acknowledges and agrees that nothing herein shall be construed as to restrict the City's ability to exercise its discretion as provided by the Growth Management Program, as may be amended from time to time. Developer and City agree that this Agreement is consistent with the Growth Management Element, Growth Management Ordinance, Development Agreement, Tentative Map Conditions and other provisions of the Entitlements. K. Indemnification. Provided the City is not in material breach of this Agreement, Developer and each of the property owners for which this Agreement is recorded against (jointly referred to in this paragraph as "Indemnitor") shall solely and jointly be responsible to defend, indemnify and hold harmless the City, its elected and appointed officers and employees, from and against any claims, suits, actions or proceedings, judicial or administrative, for writs, orders, injunction or other relief, damages, liability, cost and expense (including without limitation attorneys' fees) arising from this Agreement and the City's actions in processing or issuing building permits, in accordance with this Agreement, the State Building Code and other laws and regulations as applicable, or hi exercising any discretion related thereto. Indemnitor's indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents or employees in defending against such claims, whether the same proceed to judgment or not. Further, Indemnitor, at its own expense, shall upon written request by the City, defend any such suit or action brought against the City, its officers, agents or employees. Upon Indemnitee exercising such option to tender a defense, lndemnitee shall reasonably cooperate in the defense of such action. At its sole discretion, the City may participate, at its own expense, in the defense of any such action, but such participation shall not relieve Indemnitor of any obligation imposed by this Agreement. If the City decides not to tender its defense to Indemnitor, City and Indemnitor each agree to reasonably cooperate with each other in the defense of such action. Both parties to this Agreement (Indemintor and lndemnitee) shall have the right to initiate negotiations with a claimant in a proceedings described herein to end litigation by settlement. Each party has the duty to notify the other party of settlement negotiations at the earliest possible stage of initiation of said negotiations. Each party shall cooperate in good faith in said negotiations. Nothing herein shall obligate the City to grant or exercise its discretion on any matter which the City has a right to exercise such discretion, in order to implement the terms and conditions of a settlement agreement. L. City Authority to Issue Permits. Nothing herein shall be construed as limiting the City's authority to withhold final or interim inspection of units for which building permits may have been issued or the issuance of building permits or certificates of occupancy in accordance with the State Building Code, or other laws and regulations as applicable or if the required fees are not received by the City. M. General Provisions. 1. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of California. 2. Effective Date. The terms and conditions of this Agreement shall be effective as of the date this Agreement is approved by the City Council. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be original and all of which shall constitute one and the same document. Entire Agreement. This Agreement embodies the entire agreement and understanding between the parties regarding the subject matter hereof, and any and all prior or contemporaneous oral or written representations, agreements, Entitlements, understandings and/or statements regarding the same subject matter hereof, shall be of no force and effect. 5. Recitals, Exhibits. Any recitals set forth above and any attached exhibits and diagrams are incorporated by reference into this Agreement. Authority of Signatories. Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction . from its principal to enter into this Agreement, and that all resolutions and/or actions or agreements have been taken so as to enable said signatory to enter into this Agreement on behalf of and to bind the real property owners for which this Agreement shall be recorded against. Modification. This Agreement may not be modified, terminated or rescinded, in whole or in part, except by written instrument duly executed and acknowledged by the parties hereto, their successors or assigns. 8. Preparation of Agreement. No inference, assumption or presttmption shall be drawn from the fact that a party or its attorney prepared and/or draRed this Agreement. R shall be coficlusively presumed that all parties participated equally in the preparation and/or drafting of this Agreement. 9. Third Party Beneficiaries. Notwithstanding any other provision of this Agreement to the contrary nothing herein is intended to create any third party beneficiaries under this Agreement, and no person or entity other than City, and Developer and the permitted successors and assignee of each of them, shall be authorized to ~aforce the provisions of this Agreement. 10. Developer Participation. Developer represents that it has participated in the establishment of the Monitoring Program, this Agreemem and Exhibit "B' hereto. Developer agrees to the schedule provided within Exhibit "B' as it pertains to development of the Project and other projects within the Monitoring Program. [NEXT PAGE IS SIGNATURE PAGE] 9 /7- SIGNATURE PAGE TO AGREEMENT FOR MONITORING OF BUILDING PERMITS Page 2 of 7 McMillin Otay Ranch, LLC A Delaware limited liability company By: McMillin Companies, LLC A Delaware limited liability Company Its: Mana By: Its: Its: SIGNATURE PAGE TO AGREEMENT FOR MONITORING OF BUILDING PERMITS Page 3 of 7 MeMillin Sienna II, LLC A Delaware limited liability company By: McMillin Management Services, L.P. A California Limited partnership Its: Manager By: Corky McMillin Construction Services, Inc. A California Corporation Its: General Partner By: D~qk~ /~ - ~"~tt Its: SIGNATURE PAGE TO AGREEMENT FOR MONITORING OF BUILDING PERMITS Page 4 of 7 McMillin Auburn Lane II, LLC A Delaware limited liability company By: McMillin Management Services, L.P. A California Limited Partnership Its: Manager By: Corky McMillin Construction Services, Inc. A California Corporation Its: General Partner Its: By: Its: SIGNATURE PAGE TO AGREEMENT FOR MONITORING OF BUILDING PERMITS Page 5 of 7 McMillin Jasmine 126, LLC A Delaware limited liability company By: McMillin Management Services, L.P. A California Limited Partnership Its: Manager By: Corky McMillin Constxuction Services, Inc. A California Corporation Its: General Partner By: Its: By: Its: SIGNATURE PAGE TO AGREEMENT FOR MONITORING OF BUILDING PERMITS Page 6 of 7 McMillin Mandalay 101, LLC A Delaware limited liability company By: McMillin Management Services, L.P. A California Limited Partnership Its: Manager By: Corky McMillin Construction Services, Inc. A California Corporation Its: General Partner Its: By: iq-fgo SIGNATURE PAGE TO AGREEMENT FOR MONITORING OF BUILDING PERMITS Page 7 of 7 Treviana At Lomas Verdes, L.P. A California limited parmership By: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California '~ cou , o, On q' /~'D.,e 0 '~ ,before me, ,--~¢}'t--J~ ('~__j:..~- ~ ~~ personally appeared (~ ~' ~¢~,~s~,~,~, ' ~orsonally known to mo ~ proveO to ma on the Basis of satisfacto~ evidence to be the person(s) whose name(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 ! --.~- ~'~I~t~E--RL~'.~J~NE-S - ~ signature(s)on the instrument the person(s), or ~ ~,~"*~ Commission# 1312437 ~z the entity upon behalf of which the person(s) ~; ~ Notan/Public - Celifornia ~ acted, executed the instrument. '] ~ My Comm. Ex. ire. Jul 6, 2005,[ WITNESS r~y hand and official seal. OPTlOl~At Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document, Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: [] Individual [] Corporate Officer-- Title(s): [ ] Partner-- [ ~ Limited [; General [] Attorney in Fact [] Trustee [] Guardian or Conservator [I Other:. Top of thumb here Signer Is Representing: © 1997 National Notary Association - 9350 De Soto Ave P O Box 2402 - Chatsworth CA 91313-2402 Prod No 5907 Reorder: Call Toll-Free I 800-876-6827 } STATE OF CALIFORNIA }ss. COUNTY OF SAN DIEGO } On April 11,2003, before me, Carol L. Bond, a Notary Public in and for said County and State, personally appeared Kenneth S. Baumgartner and David C. Gatzke, personally know~ to me to me on the basis of satisfactory evidence) to be the persor~ whose nan,)) .~are subscribed to the within instrument and acknowledged to__me that ' he/ske'/they executed the same in-his/her/their authorized canac~, and that by 1-Ja,~/their signaturo~ on the instrument the perso~ or the entity upon behalf of which the pervo -(~ acted, executed the instrument. WITNESS my hand and official sea~ Signatur STATE OF CALIFORNIA }ss. COUNTY OF SAN DIEGO } On April 11, 2003, before me, Carol L. Bond, a Notary Public in and for said County and State, personally appeared Guy Oliver and Donald R. Faye, personally known to me .,.(~r proved tofi~..on the basis of satisfactory evidence) to be the persor~s)~whose nam~(_(~/,~/are subscribed to the within instrument and acknowledge--d to me that he/slYe/they executed the same in .&JsAher/their authorized capacity, and that by tzi,sZher/their signatur{~on the instrument the perso~Us} or the entity upon behalf of which the person~ acted, executed the instmnScfit. EXHIBIT "A" OTAY RANCH VILLAGE PARCEL 2 OF PARCEL MAP NO. 18789 N SCALE: 1"=200' PROJECT NUMBER, DATE, i~l l~cK NEIGHBORHOOD (R-lO) OTAY RANCH VILLAGE 6 PARCEL 1 DF ?AROEL MAP NO, ]8789 _-fo 22'< J-13715M APRIL 8, 2003 McMILLIN OTA Y RANCH VILLA GE 6 NEIGHBORHOOD (R- 10) PARCEL PM l B7B9 LOT "A" ~ '126 '125 '124 12~ 12'1 120 117 (~ 44 115 OTAY RANCH VILLAGE PARCEL 2 OF PARCEL MAP NO~ I87B9 MAGDALENA AVENUE 2 3 4 2O 19 SCALE: 1'=200' PROJECT NUMBER, DATE, i~ ~CK HUNTERS GLEN_AVENUE 7/~ -- LOT'F' HUNTERS POINT, E_ AVENUE LOT "H' ~ ' I I I ' 'If F 'F I I I ~"'"-- LOT#" '~..~ BEDFORD AVENUE O-FAY RANOH VILLAGE $ LDT IJ~ PARCEL .2 J-13715M APRIL 8, 2003 GLENWOOD SPRIN_GS AVENUE ~ "A" McMILLIN OTA Y RANCH VILLAGE 6 NEIGHBORHOOD (R-6) MAP 14432 ~J OTAY RANCH VILLAGE LO3' 7 OTAY RANCH VILLAGE LOT 3 'A' MAP 144,~2 PAROEL 2 -~ PARCEL J LOT'B" PM 18789 SCALE: 1"=200' PROJECT NUMBER, DATE~ ~ ENGINEERING J- 1 3715M APRIL 8, 2003 LOT "B" LOT "C" OTAY RANcH\VILLABE 6 ,,,,, LOT~? A MAP~ McMILLIN OTA Y RANCH VILLA GE 6 NEIGHBORHOOD (R-4) LOTS 160, 161 & 162 ARE NOT A PART '~'~"~ ---, F PROJECT NUMBER~ i_ DATEI ~ENG~ LOT "A" LOT "L" FUTURE McMILLIN ~OTAY RANCH /-~ VILLAGE 6 I~ ~ ~ ~ I- *~ LOT 2 OF O~ ,~ ,~ ~ ,e ~ ~ ' MAP NO. ~ ~ ~ ~ ~ ~ ...._~ VILLAGE 6. ,~e ~¢ ~ ¢~ ~&5 ~ ~ ~ LOT "~ J SANTAJ ' ) VENETIA --'~__ LOT'I .... LOT d ~ % / APRIL 8, 200~ ~_~FUTURE McMILLIN OTAY RANCH McMILLIN OTA Y RANCH VILLA GE 6 NEIGHBORHOOD (R-3) SANTA PARCEL 3 PROJECT NUMBER, DATE, ' VIEWP%RK m ~ LOT~mm 71 8O ... ~ LOT ~ - "E" WAY - 44 ~ LOT 61 41 28 4O ~ 0 38 31 36 33 I LOT "G" ~ LOT "N 33 ~ -----____ m se ENETIA STR, EET PM ] 8789 d-13715M/H APRIL 8, ZOO3 8 7 6 5 4 3 2 ~LOT McMILLIN OTA Y RANCH VILLAGE 6 NEIGHBORHOOD (R- 1) Legal Descriptions for Traffic Capacity Agreement Ota¥ Ranch R-1 Lots 1 thru 101 of Chula Vista Tract No. 02-03, McMillin Otay Ranch Village 6, R-l, according to Map No. 14492, filed in the office of the County Recorder of San Diego County, November 19, 2002 as document No. 2002-1035443. R-3 Lots 1 thru 159 and lot 163 of Chula Vista Tract No. 02-03, McMillin Otay Ranch Village 6, R-3, according to Map No. 14493, filed in the office of the County Recorder of San Diego County, November 19, 2002 as document No. 2002-1035452. R-4 Lots I thru 92 of Chula Vista Tract No. 02-03, McMillin Otay Ranch Village 6, R-4, according to Map No. 14494, filed in the office of the County Recorder of San Diego County, November 19, 2002 as document No. 2002-1035466. R-6 Lots 1 thru 126 of Chula Vista Tract No. 02-03, McMillin Otay Ranch Village 6, R-6, according to Map No. 14495, filed in the office of the County Recorder of San Diego County, November 19, 2002 as document No. 2002-1035471. R-10 Lot 7 of Chula Vista Tract No. 02-03, McMillin Otay Ranch Village 6, "A" Map, according to Map No. 14432, filed in the office of the County Recorder of San Diego County, August 30, 2002 as document No. 2002-0744379 Developer The Eastlake Company Brookfield Shea Otay, LLC McMillin Otay Ranch, LLC Otay Project LP McMillin Rolling Hills Ranch, LLC NNP-Trimark San Miguel Ranch, LLC Bella Lago Exhibit 'B' Project 4/01/03 to 4/01/04 to 4/01/05 to 3/31/04 3/31/05 3/31/06 Eastlake III 620 834 507 Village 11 378 568 492 Village 6 278 307 109 Village 6 1008 299 35 Rolling Hills Ranch 120 153 330 San Miguel Ranch 71 154 227 Bella Lago . 0 60 80 Total 2475 2375 1780 6630 19-I o E ~ C ~ N E ~ R S EXHIBIT I~ EASTERN TERRITORIES TRAFFIC CAPACITY ANALYSIS CHULA VISTA, CALIFORNIA April 10, 2003 INTRODUCTION The following report estimates the number of additional dwelling units that can be built in the eastern territories of Chula Vista, pre SR-125, before East H Street or Telegraph Canyon Road near 1-805 reach the City of Chula Vista's Traffic Monitoring Program (TMP) thresholds. Additionally, this report includes results from three other traffic studies that estimate the number of additional dwelling units that could be built due to other specific roadway improvements. A preliminary assessment of the study area indicated that either East H Street or Telegraph Canyon Road would be the first to have their Level of Service (LOS) exceed the allowable TMP thresholds. For this reason and because East H Street and Telegraph Canyon Road act as the primary commuter routes, this study focused on these two arterials. The methodology to forecast the future traffic conditions is based on linear regression formulas, which use historical TMP speed and traffic volumes to forecast future travel speeds. This report is structured as follows: · Analysis Methodology · Existing Traffic Conditions · Future Traffic Conditions Prediction · Conclusions Figure I is a map showing the limits of the existing TMP analysis segments of East H Street and Telegraph Canyon Road. ANALYSIS METHODOLOGY In general terms, the following methodology was used to estimate the number of additional units (pre SR-125), which could be built in the eastern territories before City threshold standards would be exceeded on East H Street and Telegraph Canyon Road. 1) Traffic volume counts and speed surveys were conducted in November, December, and February on both Telegraph Canyon Road and East H Street (the most "constrained" roadways in the study area), in both the eastbound and westbq~Jnd directions. The counts were conducted after Olympic Parkway was extended eastward to Hunte Parkway and open to through traffic. 2) Four linear regression graphs were developed (eastbound Telegraph Canyon Road, westbound Telegraph Canyon Road, eastbound East H Street, westbound East H Street) based on the collected data. E~stern Territories Traffic Capacity Analysis City of Chula Vista ENGINEERS 3) An equ@tion weis developed based on each graph releiting speed to volume. 4) A teible weis developed releiting volume to LOS, using Highway Ceipa¢ity Manueil Standards. 5) The eimount of hourly traffic volume that could be added to Telegraph Ceinyon Road and East H Street was determined based on degradation in LOS until the TMP threshold weis exceeded. 6) Residential and non-residential traffic was added to the most constrained segment of Telegraph Canyon Road and East IH Street until the TMP threshold weis exceeded. 7) This amount of traffic was correlated to a dwelling unit amount in the eastern territories. EXISTING CONDITIONS AVERAGE DAILY TRAFFIC VOLUMES Average Daily Traffic (ADT) volumes for East H Street, Telegraph Canyon Road and Olympic Parkway were obtained from machine counts collected in November 2002, December 2002 and February 2003. The ADT volume data are contained in Appendix A and are summarized in Table 1. SEGMENT TABLE 1 EXISTING ADT VOLUMES WEEKDAY AVERAGE ADT VOLUMES 11/18/02-11121/021 1212-12/6, 12/9/02 I 213/03-2/7/03 East H Street West of Hidden Vista Drive Data not available Hidden Vista Drive and Terra Nova Drive 59,400 Del Ray Boulevard and Paseo Del Rey 52,900 Tierra Del Rey and Paseo Ranchero 47,350 Telegraph Canyon Road I Helecrest Drive to Oleander Avenue 58,400 Paseo Del Rey to Oleander Avenue I Data not available Paseo Del Rey to Medical Center Drive 52,550 Paseo Landera to Paseo Ranchero 42,800 Olympic Parkway Oleander Avenue to Brandywine 27,800 Brandywine to Heritage Road 20,150 H~ritage Road to La Media Drive 13,700 Source: LLG Engineers Data notavailable 66,700 59,550 53,850 53,800 50,500 47,100 45,550 59,550 60,950 Data notavailable 55,200 52,600 54,000 42,950 44,600 28,100 28,600 22,000 23,050 14,200 16,000 -3- Eastern Territories Tra~c Capacity Analysis City of Chula Vista ¢ ENGINEERS CH'ULA VISTA TRAFFIC MONITORING PROGRAM The Chula Vista TMP is used to assess the operating performance of the City's arterial street system in order to determine compliance with the Threshold Standards of the Growth Management Oversight Commission (GMOC). The threshold standards specify that LOS C or better, as measured by average travel speeds on the arterial, shall be maintained on all signalized arterial segments with an exception during peak hours where LOS D can occur for no more than any two hours of the day. Existing travel speeds along the study arterials were obtained from City of Chula Vista engineering staff, while ADT volumes during the same days were counted by Linscott, Law and Greenspan Engineers (LLG). The TMP data sheets are included in Appendix B. A summary of the TMP speeds, LOS, and associated hourly volumes are included in Table 2. -4- Eastern Terdtories Traffic Capacity Analysis City of Chula Vista ~ N G I N E E R $ TABLE 2 SUMMARY OF EXISTING HOURLY VOLUMES AND SPEED DATA WITH OLYMPIC PARKWAY OPEN TO HUNTE PARKWAY 6-7 AM DATE MPH LOS 11/19/02 45.5 A 11/20/02 39,4 A 12/03/02 31,6 B 12/04/02 38,6 A 12/05/02 34.1 B 12/10/02 35.3 A 02/04/03 33.8 B 02/05/03 36.2 A 02106/03 32.0 B 3..4 PM DATE MPH LOS 11/19/02 38.6 A 11/20/02 28.4 B 12/03/02 33.8 B 12/04/02 30,7 B 12/05/02 28.5 B 12/10/02 30.9 B 02/04/03 31,4 B 02/06/03 36.0 A 6-7 AM DATE MPH LOS 11/19/02 41.4 A 11/20/02 36.9 A 12/03/02 33.1 B 12/04/02 38.9 A 12/06/02 35.9 A 02/04/03 30.0 B 02/05/03 41.9 A 02/06/03 33.9 B 3-4 PM DATE MPH LOS 11119/02 38,6 A 11/20/02 30,9 B 12/04/02 31,6 B 12/05/02 29.5 B 12/10/02 33.3 B 02/04/03 31.1 B 02/05/03 30.4 B 02/06/03 30.0 B East H Street Westbound 7-8 AM 8-9 AM VOL MPH LOS VOL MPH LOS VOL 1470 34 B 1670 33.3 B 1980 1410 33.1 B 1920 28.5 B 1910 1390 31.4 B 1870 26.7 C 1820 1390 30.8 B 1920 31.9 B I850 1380 30.2 B 1870 29.8 B 1850 1360 32.3 B 1880 35.3 A 1870 1460 28.7 B 2030 27.8 C 2000 1520 26.3 C 2030 29.8 B 2020 1520 32.3 B 2080 31.2 B 2110 Eastbound 4-5 PM 5-6 PM VOL MPH LOS VOL MPH LOS VOL 1940 35.9 A 1990 32.9 B 2080 2010 30.4 B 1860 30.3 B 2180 1930 28.5 B 2070 33.5 B 2100 1930 31.7 B 2070 30.7 B 2150 1880 28.7 B 2060 30.8 B 2070 1890 37.9 A 2040 33.3 B 2120 2020 35.4 A 2150 30.5 B 2310 1950 32.5 B 2200 30.5 B 2310 Telegraph Canyon Road Westbound 7-8 AM 8-9 AM VOL MPH LOS VOL MPH LOS VOL 1800 33.5 B 1970 32.4 B 1980 1790 32.4 B 1970 28.8 B 1970 1800 34.3 B 2060 28.5 B 2020 1780 35.6 A 2060 33.3 B 2030 1790 35.4 A 2060 29.1 B 2040 1870 33.6 B 2140 30.9 B 2090 1850 32.8 B 2130 33.9 B 2040 1870 26.6 C 2120 24.7 C 2090 Eastbound'-= 4-5 PM 5-6 PM VOL MPH LOS VOL MPH LOS VOL 1700 38.0 A 1960 37.9 A 2040 1780 30.7 B 1820 30.7 B 2050 1870 33.8 B 1910 35.2 A 2040 1850 27.4 C 1860 28.3 B 1970 1770 31.1 B 1850 26.6 C 2000 1770 31.4 B 1940 29.8 B 2130 1910 33.1 B 1900 27.3 C 2190 1800 28.0 B 1980 27.3 C 2160 City of Chula Vista for speeds, which are shown in MPH (i.e. 38.5) LLG for hourly volumes, which are shown in vehicles per hour (i.e. 1940) MPH - Miles/Hour; LOS * Level of Service; VOL - Hourly Volume -5- Eastern Territories Traffic Capacity Analysis City of Chula Vista 3-02-1244 ENGINEERS FUTURE TRAFFIC CONDITIONS PREDICTION The future roadway capacity was estimated by calculating linear regression equations for each of the study arterials from the historical TMP and volume data in Table 2. From the linear regression equations, look-up tables with hourly volumes were calculated for LOS A through E. Each of the study arterials were evaluated to determine which roadway and direction of travel would be the "constraint" in the street system that would be the first arterial to have its capacity exceeded. Traffic was added to the "constrained" arterial until the TMP threshold of LOS D was reached. And finally, the added traffic was translated into a total number of new dwelling units. LINEAR REGRESSION EQUATIONS A linear regression equation is used to describe the dependence of one variable on another. For example, as the traffic volume increases on Telegraph Canyon Road, the average travel speed and LOS will decrease. The linear regression equations by direction for each arterial were calculated' usirig the historical TMP speed and associated hourly volumes listed in Table 2. The equations are shown in Table 3 and the linear regression plots are included in Appendix C. TABLE 3 LINEAR REGRESSION EQUATIONS BY ARTERIAL Arterial, Direction and Peak Period I Linear Regression Equation East H Street - Westbound in the AM MPH = 50.7 - 0.0102 x Volume East H Street - Eastbound in the PM MPH = 41.3 - 0.00435 x Volume Telegraph Canyon Road - Westbound in the AM MPH = 72.3 - 0.0197 x Volume Telegra~)h Canyon Road - Eastbound in the PM MPH = 45,9 - 0.00756 x Volume LOOK-UP TABLE From the linear regression equations, a LOS'lS~k.up table by hourly volume was created by plugging in the MPH to determine the associated volume. The hourly volumes LOS thresholds for each scenario are shown in Table 4. Eastern Territories Traffic Capacity Analysis City of Chula Vista 3-02-1244 ENGINEERS LOS TABLE 4 LOS LOOKUP TABLE BY HOURLY VOLUME MPH East H Street - WB in the AM East H Street- EB in the PM Telegraph Canyon Rd - WB in the AM Telegraph Canyon Rd - EB in the PM A _~ 35 1,540 1,450 1,890 1,440 B C _> 28 > 22 2,230 2,810 3,060 4,440 2,250 2,550 2,370 3,160 D t E _>17 I <13 3,300 3,700 5,590 6,510 2,810 3,010 3,820 4,350 Saurce; LLG Engineers. Example calculation: LOS A for East H WB volume using MPH = 50.7 - 0.0102'Volume becomes 35 = 50.7 - 0.0102'Volume => -15.7 = -0.0102'Volume => Volume -- 1.539 => rounded to 1,540. CONSTRAINED SEGMENT Using the collected data, each segment was analyzed to determine which would reach the TMP threshold first. As shown in Table 5, westbound Telegraph Canyon Road was calculated to reach capacity first and therefore is considered to be the constrained segment. Telegraph Canyon Road is considered to be the constrained segment because it has the least amount of reserve capacity. Fewer vehicles can be added to Telegraph Canyon Road before it reaches capacity as compared to East H Street. Additionally, other factors that limit the capacity of Telegraph Canyon Road include friction from multiple driveways and delays from many traffic signals. Eastern Territories Traffic Capacity Analysis Cit7 of Chula Vista 3-02-1244 TABLE 5 CONSTRAINED SEGMENT ANALYSIS Date Highest Peak Volume at LOS D Percentage of Hour Volume from Linear Regression Reserve Capacity Before Equation LOS D is Reached East H Street Westbound 11/19/02 1980 3300 67% 11/20/02 1920 3300 72 % 12/03102 1870 3300 76% 12/04/02 1920 3300 72% 12/05/02 -1870 3300 76% 12/10/02 1880 3300 76% 02/04/03 2030 3300 53% 02/05/03 2030 3300 63% 02/06/03 2110 3300 56% Eastbound 11/19/02 2080 5590 169% 11/20/02 2180 5590 156% 12/03/02 2100 5590 166% 12/04/02 2150 5590 160% 12/05/02 2070 5590 170% 12/10/02 2120 5590 164% 02/04/03 2310 5590 142% 02/06/03 2310 5590 142% Telegraph Canyon Road Westbound 11/19/02 1980 2810 42% 11/20/02 1970 2810 43% 12/03/02 2060 2810 36% 12/04/02 2060 2810 36% 12/05/02 2060 2810 36% 02/04/03 2140 2810 31% - Controls 02/05/03 2130 2810 32% - Controls 02/06/03 2120 2810 33% - Controls Eastbound 11/19/02 2040 3820 87% 11/20/02 2050 3820 86% 12/04/02 2040 3820 87% 12/05/02 1970 3820 94% 12/10/02 2000 3820 91% 02/04/03 2130 3820 7~,/o 02/05/03 2190 3820 74% 02/06/03 2160 3820 77'% A segment and direction was determined to be the controlling roadway based on the least percent of reserve capacity as shown by the percentage. Westbound travel on Telegraph Canyon Road was determined to be [he constrained segment or segment that "controls" because the reserve capacity was the lowest (31°/,-33%) as -compared to ali other segments listed. A higher percentage means that more traffic could be added before capacity is reached. Eastern Territories Traffic Capacity Analysis City of Chula Vista -8- 3-02-1244 ENGINEERS FUTURE TRAFFIC VOLUME AND DWELLING UNITS The remaining capacity on the constrained segment of Telegraph Canyon Road in the westbound direction was used to determine the number of new dwelling units that could be added. This process included the following steps: 1) A 10% increase in overall westbound Telegraph Canyon Road traffic was assumed in the future due to increases in non-residential traffic. This non- residential traffic includes background, passer-by, and other traffic using Telegraph Canyon Road. 2) A key assumption concerns the percentage of future eastern territory residents who will utilize Telegraph Canyon Road for their AM westbound peak period commute. Several factors were considered in order to estimate this percentage. First, there are generally four main routes to 1-805, Bonita Road, East H Street, Telegraph Canyon Road and Olympic Parkway. It is expected that due to a greater portion of future homes being in the southem areas of the eastern territories, that there will be more traffic using the more southern roadways. Second, a portion of AM peak hour tdps will remain within the immediate area of the residences or utilize other minor arterials. Third, a recent survey (before Olympic Parkway was opened to Hunte Parkway) conducted by SANDAG and the City of Chula Vista (Godre Research/ESTC, February 2002) indicated that approximately 80% of eastern Chula Vista commuters use Telegraph Canyon Road, East H Street or Olympic Parkway. Overall, it is estimated that 25% of future westbound AM peak period trips will utilize Telegraph Canyon Road as shown on Figure 2. 3) 4) Future residential units were assumed to generate 9.3 ADT per home, with 8% of the traffic during the AM peak hour and a 70/30 outbound/inbound split. The trip generation rate of 9.3 trips per household was based on the historic and recently permitted split between single- and multi-family homes in Chula Vista. Calculations are included in Appendix D. The TMP threshold was used as the trigger to determine the number of residential dwelling units that could be constructed and occupied. The TMP threshold based on the GMOC states that no more than two hours of Level of Service D is allowed. The next measurable increment of time in terms of potentially exceeding the TMP threshold is 30 minutes. Therefore, a two and a half hour time frame was utilized as the time threshold to determine the amount of additional dwelling units that would cause the TMP thresheld to be exceeded. Table 6 shows that the TMP threshold of LOS D was exceeded on westbound Telegraph Canyon Road once 6,154 units are constructed (5,385 + 6,923 = 12,308 divided by 2 = 6,154). Since the baseline traffic counts were conducted in late 2002 and early'2003, the starting point for the additional dwelling unit count is January 1, 2003. Eastern Territories Traffic Capacity Analysis City of Chula Vista - 9 - 3-02-1244 ~:0 Or~ ENGINEERS The calculated unit count does not include units that could be gained if additional lanes were provided on East H Street and Telegraph Canyon Road. The benefit of providing these additional lanes was the subject of other traffic analyses, which are included in Appendix E. Ramp meters were assumed to not be installed at the 1-805 ramps; TABLE 6 NEW HOME CAPACITY ON WESTBOUND TELEGRAPH CANYON ROAD NUMBER OF PEAK HOUR VOLUMES DWELLING UNITS Cony. from Assignment Jan Hourly Non- Vehicles to to we 2003 LOS Reserve Residential Directional Split Dwelling Telegraph Average D Capacity Use on Telegraph Units Only Multiplication Factor: 10% 70% (6-10AM 8% of ADT) 1.9231 25% 30% (3-7PM 10% of ADT) 3.3333 50% (other 3% of ADT) 6.6666 12:00-1:00 AM 120 2810 2690 2420 50% 16133 64533 1:00-2:00 AM 70 2810 2740 2470 50% 16467 65866 2:00-3:00 AM 60 2810 2750 2470 50% 16467 65866 3:00-4:00 AM 90 2810 2720 2450 50% 16333 65333 4:00-5:00 AM 280 2810 2530 2280 50% 15200 60799 5:00-6:00 AM 1010 2810 1800 1620 50% 10800 43200 ~6:00-7:00 AM 1810 28t0 1000 900 70% 1731 6923 7:00-8:00 AM 2050 2810 760 680 70% 1308 5231 8:00-9:00 AM 2030 2810 780 700 70% 1346 5385 9:00-10:00 AM 1670 2810 1140 1030 70% 1981' 7923 10;00-11:00 AM 1490 2810 1320 1190 50% 7933 31733 11;00-I2:00 PM 1540 2810 1270 1140 50% 7600 30400 12:00-1:00 PM 1540 2810 1270 1140 50% 7600 30400 1:00~2:00 PM 1500 2810 1310 1180 50% 7867 31466 2:00-3:00 PM 1630 2810 1180 1060 50% 7067 28266 3:00-4:00 PM 1930 2810 880 790 30% 2633 10533 4:00-5:00 PM 1650 '2810 1160 1040 30% 3467 13867 5:00-6:00 PM 1650 2810 1160 1040 30% 3467 13867 6:00-7:00 PM 1370 2810 1440 1300 30% 4333 17333 7:00-8:00 PM 1050 2810 1760 1580 50% 10533 42133 ,8:00-9:00 PM 960 2810 1850 1660 50% 11067 44268 '9:00-10:00 PM 840 2810 1970 1770 50% 11800 47200 10:00-11:00 PM 480 2810 2330 2100 50% 14000 55999 11:00-12:00 PM 300 2810 2510 2260 . ._- 50% 15067 60266 TMP Threshold (based on 30 minute increment past the 2-hour threshold): Ist Hour of LOS D (7:00-8:00 AM) 2nd Hour of LOS D (8:00-9:00 AM) 2 % Hours of LOS D (Average of 2"~ Hour and 3rd Hour) 3rd Hour of LOS D (8:00-7:00 PM) 5,231 Dwelling Units 5,385 Dwelling Units 6,154 Dwelling Units 6,923 Dwelling Units Example calculation for conversion of volume to house: 100 homes x 9.3 ADT = 930 ADT => 74 Pk Hr AM peak for 2~way (8% of ADT) -~> 52 Pk Hr l-way (74 x 0.7 from 70/30 split) => rate of vehicles per dwelling units => 100/52 = 1.9231 vehicles/dwelling unit. Example calculation for conversion from vehicles to dwelling units: 1,731 dwelling units x 9.3 ADT = 16>098 ADT x 8% = 1,288 AM peak hour x 70% = 900 peak hour vehicle tJ'ips. Example calculation for assignment to WB Telegraph: 6,923 dwelling units x 25% = '~,731 dwelling units. Eastern Territories Traffic Capacity Analysis City of Chula Vista 3-02-1244 E N C I N E E R S CONCLUSIONS With a starling date of January 1, 2003, it is predicted that about 6,150 residential dwelling units could be constructed and occupied before the TMP threshold would be exceeded. This amount assumes no roadway improvements are constructed. LLG has conducted previous analyses under separate cover (see Appendix E) that estimated the amount of dwelling units, which could be constructed if specific roadway improvements were constructed. These past analyses indicated the following: 1) 600 additional units could be provided if an additional lane was provided on East H Street approaching 1-805, 2) 1,300 additional units could be constructed if an additional lane was provided on Telegraph Canyon Road approaching 1-805, and 3) 940 additional units could be built if the 1-805/Olympic Parkway Interchange improvements were constructed. In summary, a total of 8,990 residential dwelling units could be constructed as shown in Table 7. A graphic display of the capacities along a time line are shown in Figure 3. TABLE 7 RESIDENTIAL DWELLING UNIT SUMMARY Capacity and Improvements 1 ) TMP Threshold Capacity 2) East H Street--Additional Lane 3) Telegraph Canyon Road--Additional Lane 4) Olympic Parkway--Interchange Improvements Estimated Completion Date Now June 2003 Dec 2003 Feb 2005 Total Additional Dwelling Units 6,150 residential dwelling units 600 residential dwelling units 1,300 residential dwelling units 940 residential dwelling units 8,990 residential dwellin~l units Eastern Territories Traffic Capacity Analysis City of ChuJa V~sta 3~02-1244 $11NFI DNITI3/'60 q'~'LLN301S321 Recording requested by: City of Chula Vista After recording return to: City Clerk's Office City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 This space for Recorder~s use only AGREEMENT FOR MONITORING OF BUILDING PERMITS This Agreement for the Monitoring of Building Permits ("Agreement") is made as of this day of , 2003, by and between the CITY OF CHULA VISTA, a municipal corporation ("City"), and OTAY PROJECT, L.P. ("Developer") with reference to the following recitals: RECITALS 1. The Property. This Agreement concerns and affects certain real property located in Chula Vista, California, more particularly described on Exhibit "A" attached hereto and incorporated herein ("Property"). 2. Project. The Property is a master planned community commonly known as "Otay Ranch Village 6" ("Project"). The City Council approved a General Development Plan, SPA Plan, Public Facility Financing Plans ("PFFP") Resolution No. 2002-022, Tentative Map No. CVT 02-05 ("Tentative Map"), Development Agreement, adopted by Ordinance No. 2690 ("Development Agreement") and other various entitlements (referred to herein collectively as "Entitlements") for development of the Project. 3. Mitigation Measures. The mitigation identified by the Project's EIR and incorporated as Tentative Map Condition (No. 9), provides as follows: Prior to the construction of SR-125, the City shall stop issuing new building permits for Village 6 when the City, in its sole discretion, determines either; a) Building permits for a total of 9429 dwelling units have been issued for projects east of 1-805, or - b) An alternative measure is selected by the City in accordance with the City of Chula Vista Growth Management Ordinance. The start date for counting the 9429 dwelling units is January 1, 2000. Notwithstanding the foregoing, the City may issue building permits if the City Council decides in its sole discretion that either; the cimulation system has additional capacity without exceeding the GMOC traffic threshold standards based upon traffic studies approved by the City Engineer; other improvements are constructed which provide additional necessary capacity; or the City selects an alternative method of implementing the GMOC standards. 4. Municipal Authority. The City of Chula Vista, California, pursuant to Article XI of the California Constitution and the City Charter of the City of Chula Vista, may adopt and enfome all ordinances and regulations with respect to municipal affairs, including the authority to adopt and enfome general and specific plans, zoning and subdivision regulations, and other land use control measures to protect and promote the public health, safety and welfare of its citizens. 5. Growth Management Element. The Growth Management Element of the City's General Plan sets forth goals, policies and objectives which, among other things, ensure that the pace and pattern of residential development is coordinated with the provision for adequate public facilities and services. To this end, Growth Management Policy 4.2(e) calls for the use of threshold standards to define the minimum acceptable level of public facilities and service that maintains a quality environment while allowing development to continue and to monitor these facilities. 6. Growth Management Ordinance. The City of Chula Vista enacted the Growth Management Ordinance(Chapter 19.09 of the Chula Vista Municipal Code), ("referred to herein as Growth Management Ordinance") to ensure that public facilities, services and improvements meeting city standards exist or become available concurrent with the need created by new development and to prevent growth which has been planned for by the City to proceed unless adequate public facilities and improvements are provided in a phased and logical fashion as required by the General Plan. The Growth Management Ordinance establishes quality of life threshold for public facilities. 7. Traffic Study. The parties have reviewed the Traffic Study prepared by Linscott, Law and Greenspan dated April 10, 2003, (referred to herein as "Traffic Study" and a portion of which is attached as Exhibit "D") and based upon that study has determined that a certain number of building permits east of 1-805, may be issued without exceeding the City's current ability to provide public transportation facilities concurrent with residential growth which will not result in a reduction in level of service thresholds (as set forth in the Growth Management Ordinance) if certain transportation improvements have been constructed. 8. Alternative Measure. The parties have determined that residential development at the current rate will outpace the provision of needed transportation facilities, thereby posing a substantial risk to the public health and safety of the community. The City Council further determines and, Developer concurs, that in compliance with the Property mitigation measure, an alternative measure is necessary pursuant to paragraph 3(b) above. This measure will protect the 2 public health and safety, as shown in the Traffic Study, by preventing the rate of development from exceeding the ability to provide public facilities in an orderly and phased manner consistent with the intent and purpose of the measure, Growth Management Ordinance and Growth Management Element of the Progress Guide and General Plan. 9. Monitoring Program. To ensure the maintenance of the Chula Vista Quality of Life Threshold Standards, meet the mitigation requirements of development projects, and stabilize the rate of residential development within eastern Chula Vista, the City, Developer and other developers within eastern Chula Vista, determine it is necessary to undertake steps necessary to implement a program, as set forth in this Agreement, for monitoring of building permits in order to implement the Growth Management ordinance and the Project's Mitigation requirements ("Monitoring Program"). NOW, THEREFORE, the parties agrees as follows: A. Agreement Applicable to Subsequent Owners. Agreement Binding upon Successors. This Agreement shall be binding upon and inure to the benefit of the successors, assigns and interests of the parties as to any or all of the Property, as described on Exhibit "A", until released by the mutual consent of the parties. Agreement Runs with the Land. The burden of the covenants contained in this Agreement ("Burden") benefit and burdens the Property, its successors and assigns and any successor in interest thereto as well as benefit the City. City is deemed the sole beneficiary of such covenants for and in its own fight and for the purposes of protecting the interest of the community and the public in whose favor and for whose benefit of such covenants running with the land have been provided without regard to whether City has been, remained or are owners of any particular land or interests therein. If such covenants are breached, the City shall have the right to exercise all rights and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach to which it or any other beneficiaries of this Agreement and the covenants may be entitled. Release to Individual Homeowners. Upon conveyance of a residential unit to an individual homeowner, such lot shall be released from the obligation under this Agreement and as against Developer's successor-in-interest to such lot. B. Building Permit Definition. The specific provisions of this Agreement shall apply to building permits for residential development. For purposes of this Agreement only, "building permits" means permits issued for the construction of new dwelling units requiring issuance of a building permit, but does not include the exceptions set forth in Paragraph E herein, and remodeling, additions, rehabilitation or other improvements to an kxisting structure, or rebuilding or replacement of an existing structure, provided such activities do not result in an increase in dwelling units. C. Duration. This Agreement shall commence upon the Effective Date of this Agreement and terminate on March 31, 2006. D. Projects Governed by the Monitoring Program: The Monitoring Program shall govern alt phases of the development of the Property as depicted in the Entitlements, which are owned by the Developer and its successors in interests, which are subject to the numeric development threshold described in Paragraph 3 of this Agreement. E. Projects Not Governed by the Monitoring Program. City and Developer agree that the following types of development projects shall not be subject to this Agreement: Affordable housing units which meet the criteria for affordable housing as set forth in the City's Housing Element of the General Plan and will be constructed pursuant to a fully executed City of Chula Vista Affordable Housing Agreement; and Development projects which are not subject to a numeric development threshold (building permit limitation) and have met their major infrastructure obligations as required by that project's entitlements and the Growth Management Ordinance, as such projects are more fully described on Exhibit "C"; and Model Homes constructed for the Project; provided however, the building permit for that model home shall count, against the Developer's total allocation of building permits within the year the final inspection for that model home allows occupancy. For purposes of this paragraph "model home" means a home used for the purpose of marketing similar homes within the Project during the time these homes are offered for sale to the public. Model homes are not permanently occupied and them is no transfer of ownership to an individual homebuyer, other than to a private investor. 4. Commercial and Industrial development and other n~mesidential development. F. Permit Limitations. Developer understands and agrees that the total number of building permits for all phases of development of the Property are subject to the Monitoring Program. The total number of building permits to be issued by the City for the Projects listed on Exhibit "B" shall not exceed 6,630 building permits for the term of said Program. The annual distribution, commencing from April 1 to March 31 of each year for development projects subject to the Monitoring Program shall be as follows: ~ 4 Year (April ! to March 31) 4/1/03 -3/31/04 4/1/04-3/31/05 4/1/05-3/31/06 Permits 2475 2375 1780 Total 6630 Developer agrees that its share of the building permits for each year of the Monitoring Program shall be in the amount set forth in Exhibit "B," which shall control the number of building permits that shall be issued by the City for the Property. Any building permits issued within the Property, whether obtained by Developer or its successors interest (e.g., its merchant builders) shall be counted against Developer's allocation shown on Exhibit "B." Developer agrees not to request building permits, which would exceed its allocation total for each of the years of the Monitoring Program. Developer shall be responsible for obtaining compliance with its allocation obligations as set forth in this Agreement from all applicable parties. Any building permits not issued from the total allocated in any given year will be added to the subsequent year's allocation. If two or more developers agree in writing to reassign permits amongst themselves, the City shall adjust the permit schedule and issue permits in accordance with the reassignment agreement(s) so long as the reassignments do not exceed the yearly allocation and the other terms of the Monitoring Program. G. Other Condition of Approval. Other than as specifically provided for in this Agreement, nothing herein shall be construed as relieving Developer from complying with the Project's other conditions of Entitlements and all City regulations, standards and policies, including the City Growth Management Program, and related threshold standards shall apply to the Project. Furthermore, the total number of residential units for the Project remain unchanged, as set forth in the Entitlements. H. Completion of Roadway Improvements. Notwithstanding the foregoing, Developer understands and agrees that the number of building permits attributed to each of the improvemems as shown on Exhibit "E", shall be available to be ailocated under the terms of this Agreement upon the completion of such roadway improvements. For example, the completion of Olympic Parkway and other completed improvements (as described in the Traffic study) added 6, 150 building permits available to be issued by the City, beginning as of January 1, 2003. Other traffic enhancement improvements listed on Exhibit "E'? provide capacity for additional building permits in the amounts shown on Exhibit "E." If any of the roadway improvements are not completed by the dates shown, then the corresponding number of building permits attributed to said improvements shall be deducted by the City from the total number of building permits to be issued for the last twelve (12) months of the Monitoring Program. The amount deducted shall be 5 prorated against all the developers' totals shown on Exhibit "B' on a proportionate basis. If the traffic improvement is later completed, the number of building permits attributed to said improvement shall be added back to the total available to be allocated based upon the same pro rata formula. For purposes of this paragraph the term "completion of improvements" shall mean when said improvements are open to the public for use. Nothing herein shall limit the City's ability to pursue other legal remedies available through other Agreements (i.e. Traffic Enhancement Agreement) with respect to the completion of the traffic enhancement improvements. I. Traffic Enhancement Agreement, Notwithstanding any provisions to the contrary herein, Developer acknowledges and agrees that upon execution of this Agreement by the City, the City has fully and completely satisfied City's obligations as set forth in Article 2 (Sections 2.1 through 2.3) of that certain Agreement for Financing and Construction of Roadway Improvements for Traffic Enhancements, approved by the City Council by Resolution 2002-376 ("Traffic Enhancement Agreement"). In particular, the City shall not be required to process nor present for City Council consideration any amendments to Developer's Project entitlements as described in paragraph 2.1(b) of said Traffic Enhancement Agreement. Notwithstanding the foregoing, all other terms, conditions, and obligations of the Traffic Enhancement Agreement shall remain in full force and effect. J. Growth Management Ordinance. Notwithstanding any provisions to the contrary herein, Developer acknowledges and agrees that nothing herein shall be construed as to restrict the City's ability to exercise its discretion as provided by the Growth Management Program, as may be amended from time to time. Developer and City agree that this Agreement is consistent with the Growth Management Element, Growth Management Ordinance, Development Agreement, Tentative Map Conditions and other provisions of the Entitlements. K. Indemnification. Provided the City is not in material breach of this Agreement, Developer and each of the property owners for which this Agreement is recorded against (jointly referred to in this paragraph as "Indemnitor") shall solely and jointly be responsible to defend, indernuify and hold harmless the City, its elected and appointed officers and employees, from and against any claims, suits, actions or proceedings, judicial or administrative, for writs, orders, injunction or other relief, damages, liability, cost and expense (including without limitation attorneys' fees) arising from this Agreement and the City's actions in processing or issuing building permits in accordance with the Agreement, the State Building Code and other laws and regulations as applicable, or in exemising any discretion related thereto. Indemnitor's indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents or employees in defending against such claims, whether the same proceed to judgment or not. Further, Indemnitor, at its own expense, shall upon written request by the City, defend any such suit or action brought against the City, its officers, agents or employees. Upon Indemnitee exercising such option to tender a defense, Indemnitee shall reasonably cooperate in the defense of such action. At its sole discretion, the City may participate, at its own expense, in the defense of any such action, but such participation shall not relieve Indemnitor of any obligation imposed by this Agreement. If the City decides not to tender its defense to Indemnitor, City and Indemnitor each agree to reasonably cooperate with each other in the defense of such action. Both parties to this Agreement (Indenmitor and Indemnitee) shall have the right to initiate 6 negotiations with a claimant in a proceedings described herein to end litigation by settlement. Each party has the duty to notify the other party of settlement negotiations at the earliest possible stage of initiation of said negotiations2 Each party shall cooperate in good faith in said negotiations. Nothing herein shall obligate the City to grant or exercise its discretion on any matter which the City has a right to exercise such discretion, in order to implement the terms and conditions of a settlement agreement. L. City Authority to Issue Permits. Nothing herein shall be construed as limiting the City's authority to withhold final or interim inspection of units for which building permits may have been issued or the issuance of building permits or certificates of occupancy in accordance with the State Building Code, or other laws and regulations as applicable or if the required fees are not received by the City. M. General Provisions. 1. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of California; 2. Effective Date. The terms and conditions of this Agreement shall be effective as of the date this Agreement is approved by the City Council. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be original and all of which shall constitute one and the same document. Entire Agreement. This Agreement embodies the entire agreement and understanding between the parties regarding the subject matter hereof, and any and all prior or contemporaneous oral or written representations, agreements, Entitlements, understandings and/or statements regarding the same subject matter hereof, shall be of no fome and effect. 5. Recitals, Exhibits. Any recitals set forth above and any attached exhibits and diagrams are incorporated by reference into this Agreement. Authority of Signatories. Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction fi.om its principal to enter into this Agreement, and that all resolutions and/or actions or agreements have been taken so as to enable said signatory to enter into this Agreement on behalf of and to bind the real property owners for which this Agreement shall be recorded against. Developer represents it has received a power of attorney (attached as Exhibit "F") to enter into this Agreement on behalf of and to bind the owners of real property within the Project, who are successors- in-interest to Developer and to cause said Agreement to be. recorded against that owner's real property. Modification. This Agreement may not be modified, terminated or rescinded, in whole or in part, except by written instrument duly executed and acknowledged by the parties hereto, their successors or assigns. 8. Preparation of Agreement, No inference, assumption or presumption shall be drawn from the fact that a party or its attorney prepared and/or drafted this Agreement. It shall he conclusively presumed that all parties participated equally in the preparation and/or drafting of this Agreement. 9. Third Party Beneficiaries. Notwithstanding any other provision of this Agreement to the contrary nothing herein is intended to create any third party beneficiaries under this Agreement, and no person or entity other than City, and Developer and the permitted successors and assignee of each of them, shall be authorized to enforce the provisions of this Agreement. 10. Developer Participation. Developer represents that it has participated in the establishment of the Monitoring Program, this Agreement and Exhibit "B" hereto. Developer agrees to the schedule provided within Exhibit "B" as it pertains to development of the Project and other projects within the Monitoring Program. [NEXT PAGE IS SIGNATURE PAGE] 8 SIGNATURE PAGE TO AGREEMENT FOR MONITORING OF BUILDING PERMITS IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first set froth above. CITY OF CHULA VISTA OTAY PROJECT, L.P. Steve Padilla, Mayor Attest: Susan Bigelow, City Clerk Approved as to form by: Ann Moore, City Attorney 9 OTAY PROJECT L.P., A California limited partnership BY: OTAY PROJECT, LLC, a California limited liability company, its General Partner BY: OTAY RANCH DEVELOPMENT, LLC. a Delaware limited liability company its Auth~ / TITLE: Vice President J:\ATTORNEYXAGREE\Monitoring Building Permits OTAY PROJECT L.P. 10 EXHIBIT CHULA VISTA TRACT NO. 02-05 OTAY RANCH VILLAGE 6 UNIT 1 "A" MAP NO. 1, AND CHULA VISTA TRACT NO. 02-05 OTAY RANCH VILLAGE SIX UNIT 2 "A" MAP NO. 1, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAPS THEREOF NO. 14446 AND NO. 14447 FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER ON SPETEMBER 18, 2002. Developer The Eastlake Company Brookfield Shea Otay, LLC McMillin Otay Ranch, LLC Otay Project LP McMillin Rolling Hills Ranch, LLC NNP-Trimark San MigueI Ranch, LLC Bella La~o Exhibit 'B' Project 4/01/03 to 4/01/04 to 4/01/05 to 3/31/04 3/31105 3/31106 Eastlake III 620 834 507 Village 11 378 568 492 Village 6 278 307 109 Village 6 1008 299 35 Rolling Hills Ranch 120 153 330 San Miguel Ranch 71 154 227 Bella Lago 0 60 80 Total 2475 2375 1780 6630 E N G I N E E R S EXHIBIT I~ EASTERN TERRITORIES TRAFFIC CAPACITY ANALYSIS CHULA VISTA, CALIFORNIA April 10, 2003 INTRODUCTION The following report estimates the number of additional dwelling units that can be built in the eastern territories of Chula Vista, pre SR-125, before East H Street or Telegraph Canyon Road near 1-805 reach the City of Chula Vista's Traffic Monitoring Program (TMP) thresholds. Additionally, this report includes results from three other traffic studies that estimate the number of additional dwelling units that could be built due to other specific roadway improvements. A preliminary assessment of the study area indicated that either East H Street or Telegraph Canyon Road would be the first to have their Level of Service (LOS) exceed the allowable TMP thresholds. For this reason and because East H Street and Telegraph Canyon Road act as the primary commuter routes, this study focused on these two arterials. The methodology to forecast the future traffic conditions is based on linear regression formulas, which use historical TMP speed and traffic volumes to forecast future travel speeds. This report is structured as follows: · Analysis Methodology · Existing Traffic Conditions · Future Traffic Conditions Prediction · Conclusions Figure 1 is a map showing the limits of the existing TMP analysis segments of East H Street and Telegraph Canyon Road. ANALYSIS METHODOLOGY In general terms, the following methodology was used to estimate the number of additional units (pre SR-125), which could be built in the eastern territories before City threshold standards would be exceeded on East H Street and Telegraph Canyon Road. 1) Traffic volume counts and speed surveys were conducted in November, December, and February on both Telegraph Canyon Road and East H Street (the most "constrained" roadways in the study area), in both the eastbound and westbound directions. The counts were conducted after Olympic Parkway was extended eastward to Hunte Parkway and open to through traffic. 2) Four linear regression graphs were developed (eastbound Telegraph Canyon Road, westbound Telegraph Canyon Road, eastbound East H Street, westbound East H Street) based on the collected data. Eastern Territories Traffic Capacity Analysis City of Ohula Vista ENGINEERS 3) An equation was developed based on each graph relating speed to volume. 4) A table was developed relating volume to LOS, using Highway Capacity Manual Standards. 5) The amount of hourly traffic volume that could be added to Telegraph Canyon Road and East H Street was determined based on degradation in LOS until the TMP threshold was exceeded. 6) Residential and non-residential traffic was added to the most constrained segment of Telegraph Canyon Road and East H Street until the TMP threshold was exceeded. 7) This amount of traffic was correlated to a dwelling unit amount in the eastern territories. EXISTING CONDITIONS AVERAGE DAILY TRAFFIC VOLUMES Average Daily Traffic (ADT) volumes for East H Street, Telegraph Canyon Road and Olympic Parkway were obtained from machine counts collected in November 2002, December 2002 and February 2003. The ADT volume data are contained in Appendix A and are summarized in Table 1. SEGMENT TABLE 1 EXISTING ADT VOLUMES WEEKDAY AVERAGE ADT VOLUMES 111118102-111211021 12/2-12/6, 12/9/02 I 213103-217103 East H Street West of Hidden Vista Drive Data not avafi~ble Hidden Vista Drive and Terra Nova Drive 59,400 Del Ray Boulevard and Paseo Del Ray 52,900 Tierra Del Ray and Paseo Ranchero 47,350 Telegraph Canyon Road Halecrest Drive to Oleander Avenue 58,400 Paseo Del Ray to OLeander Avenue Data not available Paseo Del Ray to Medical Center Drive 52,550 Paseo Landera to Paseo Ranchero 42,800 Olympic Parkway Oleander Avenue to Brandywine 27,800 Brandywine to Heritage Road 20,150 Heritage Road to La Media Drive 13,700 Source: LLG Engineers Data not available 66,700 59,550 53,850 53,800 50,500 47,100 45,550 59,550 60,950 Data notavailable 55,200 52,600 ~ 54,000 42,950 44,600 28,100 28,600 22,000 23,050 14,200 16,000 -3- Eastern Territories Traffic Capacity Analysis City of Chula Vista 3-02-1244 CHULA VISTA TRAFFIC MONITORING PROGRAM The Chula Vista TMP is used to assess the operating performance of the City's arterial street system in order to determine compliance with the Threshold Standards of the Growth Management Oversight Commission (GMOC). The threshold standards specify that LOS C or better, as measured by average travel speeds on the arterial, shall be maintained on all signalized arterial segments with an exception during peak hours where LOS D can occur for no more than any two hours of the day. Existing travel speeds along the study arterials were obtained from City of Chula Vista engineering staff, while ADT volumes during the same days were counted by Linscott, Law and Greenspan Engineers (LLG). The TMP data sheets are included in Appendix B. A summary of the TMP speeds, LOS,' and associated hourly volumes are included in Table 2. Eastern Territories Traffic Capacity Analysis City of Chula V~sta -A- ~,.._~ 3-02-1244 / q _ ENGINEERS TABLE 2 SUMMARY OF EXISTING HOURLY VOLUMES AND SPEED DATA WITH OLYMPIC PARKWAY OPEN TO HUNTE PARKWAY East H Street Westbound 6-7 AM 7-8 AM 8-9 AM DATE MPH LOS VOL MPH LOS VOL MPH LOS VOL 11/19/02 45.5 A 1470 34 B 1870 33.3 B 1980 11/20/02 39.4 A 1410 33.1 B 1920 28.5 B 1910 12/03/02 31.6 B 1390 31.4 B 1870 26.7 C 1820 12/04/02 38.6 A 1390 30.8 B 1920 31,9 B 1850 12/05/02 34.1 B 1380 30.2 B 1870 29,8 B 1850 12/10/02 35.3 A 1360 32.3 B 1880 35,3 A 1870 02/04/03 33.8 13 1460 28.7 B 2030 27,8 C 2000 02/05/03 36.2 A 1520 26.3 C 2030 29.6 B 2020 02/06/03 32,0 B 1520 32.3 B 2080 31.2 B 2110 Eastbound 3-4 PM 4-5 PM 5-6 PM DATE MPH LOS VOL MPH LQS VOL MPH LOS VOL 11/19/02 38.6 A 1940 35.9 A 1990 32.9 B 2080 11/20/02 28.4 B 2010 30.4 B 1860 30.3 B 2180 12/03/02 33.8 B 1930 28.5 B 2070 33.5 B 2100 12/04102 30.7 B 1930 31.7 B 2070 30,7 B 2150 12105/02 28.5 B 1880 28.7 B 2060 30.8 B 2070 12/10/02 30.9 B 1890 37.9 A 2040 33.3 B 2120 02/04/03 31.4 B 2020 35.4 A 2150 30.5 B 2310 02/06/03 36.0 A 1950 32.5 B 2200 30.5 B 2310 Telegraph Canyon Road Westbound 6-7 AM 7-8 AM 8-9 AM DATE MPH LOS VOL MPH LOS VOL MPH LOS VOL 11/19/02 41.4 A 1800 33.5 B 1970 32.4 B 1980 11/20/02 36.9 A 1790 32.4 B 1970 26.8 B 1970 12/03/02 33.1 B 1800 34.3 B 2060 26.5 B 2020 12/04/02 38.9 A 1780 35.6 A 2060 33.3 B 2030 12/05/02 35.9 A 1790 35.4 A 2060 29.1 B 2040 02/04103 30.0 B 1870 33.6 B 2140 30.9 B 2090 02/05/03 41.9 A 1850 32.8 B 2130 33.9 B 2040 02/06/03 33.9 B 1870 26.6 C 2120 24.7 C 2090 Eastbound 3-4 PM 4~5 PM 5-6 PM DATE MPH LOS VOL MPH LOS VOL MPH LOS VOL 11/19/02 38.6 A 1700 36.0 A 1960 37.9 A 2040 11/20/02 30.9 B 1780 30.7 B 1820 30.7 B 2050 12/04/02 31.6 B 1870 33.8 B 1910 35.2 A 2040 12/05/02 29.5 B 1850 27.4 C 1860 28.3 B 1970 12/10/02 33.3 B 1770 31.1 B 1850 26.6 C 2000 02/04/03 31.1 B 1770 31.4 B 1940 29,8 B 2130 02/05/03 30.4 B 1910 33.1 B 1900 27,3 ~; 2190 02/06/03 30.0 B 1800 28.0 B 1980 27,3 C 2160 City of Chula Vista for speeds, which are shown in MPH (Le, 38.6) LLG for hourly volumes, which are shown in vehicles per hour (i.e. 1940) . MPH - Miles/Hour; LOS - Level of Service; VOL - Hourly Volume -5- Eastern Temtories Traffic Capacity Analysis City of Chula Vista 3~02-1244 ENGINEERS FUTURE TRAFFIC CONDITIONS PREDICTION The future roadway capacity was estimated by calculating linear regression equations for each of the study arterials from the historical TMP and volume data in Table 2. From the linear regression equations, look-up tables with hourly volumes were calculated for LOS A through E. Each of the study arterials were evaluated to determine which roadway and direction of travel would be the "constraint" in the street system that would be the first arterial to have its capacity exceeded. Traffic was added to the "constrained" arterial until the TMP threshold of LOS D was reached. And finally, the added traffic was translated into a total number of new dwelling units. LINEAR REGRESSION EQUATIONS A linear regression equation is used to describe the dependence of one variable on another. For example, as the traffic volume increases on Telegraph Canyon Road, the average travel speed and LOS will decrease. The linear regression equations by direction for each arterial were calculated using the historical TMP speed and associated houdy volumes listed in Table 2. The equations are shown in Table 3 and the linear regression plots are included in Appendix C. TABLE 3 LINEAR REGRESSION EQUATIONS BY ARTERIAL Arterial, Direction and Peak Period Linear Regression Equation East H Street - Westbound in the AM. MPH = 50.7 - 0.0102 x Volume East H Street - Eastbound in the PM MPH = 41.3 - 0.00435 x Volume Telegraph Canyon Road - Westbound in the AM MPH = 72.3 - 0.0197 x Volume Telegraph Canyon Road - Eastbound in the PM MPH = 45.9 - 0.00756 x Volume LOOK-UP TABLE From the linear regression equations, a LOS ISbk-up table by hourly volume was created by plugging in the MPH to determine the associated volume. The hourly volumes LOS thresholds for each scenario are shown in Table 4. -6- Eastern Territories Traffic Capacity Analysis City of Chula Vista 3-02-1244 TABLE4 LOS LOOKUPTABLE BY HOURLY VOLUME LOS I A I B C I D I E MPH I >35 I >28 ·22 _>17 t <13 East H Street -WB in the AM 1,540 2,230 2,810 3,300 3,700 East H Street- EB in the PM 1,450 3,060 4,440 5,590 8,510 Telegraph Canyon Rd -WB in the AM 1,890 2,250 2,550 2,810 3,010 Telegraph Canyon Rd - EB in the PM 1.440 2,370 3,160 3.820 4.350 Saurce: LLG Engineers. Example calculation: LOS A for East H WB volume using MPH: 50.7 - 0.0102'Volume becomes 35 = 50.7 - 0.0102'Volume => -15.7 = -0,0102*Volume => Volume = 1,539 => rounded to 1,540, CONSTRAINED SEGMENT Using the collected data, each segment was analyzed to determine which would reach the TMP threshold first. As shown in Table 5, westbound Telegraph Canyon Road was calculated to reach capacity first and therefore is considered to be the constrained segment. Telegraph Canyon Road is considered to be the constrained segment because it has the least amount of reserve capacity. Fewer vehicles can be added to Telegraph Canyon Road before it reaches capacity as compared to East H Street. Additionally, other factors that limit the capacity of Telegraph Canyon Road include friction from multiple driveways and delays from many traffic signals. Eastern Territories Traffic Capacity Analysis City of Chula Vista -7~ 3-02-1244 TABLE 5 CONSTRAINED SEGMENT ANALYSIS Date Highest Peak Volume at LOS D Percentage of Hour Volume from Linear RegresSion Reserve Capacity Before Equation LOS D is Reached East H Street Westbound 11/19/02 1980 3300 67% 11/20/02 1920 3300 72% 12/03/02 1870 3300 76% 12/04/02 1920 3300 72% 12/05/02 ~ 870 3300 76% 12/10/02 1880 3300 76% 02/04/03 2030 3300 63% 02/05/03 2030 3300 63% 02/06/03 2110 3300 56% Eastbound 11/19/02 2080 5590 169% 11/20/02 2180 5590 156% 12/03/02 2100 5590 166% 12/04/02 2150 5590 160% 12/05/02 2070 5590 170% 12/10/02 2120 5590 164% 02/04/03 2310 5590 142% 02/06/03 2310 5590 142% Telegraph Canyon Road Westbound 11/19/02 1980 2810 42% 11/20/02 1970 2810 43% 12/03/02 2060 2810 36% 12/04/02 2060 2810 36% 12/05/02 2060 2810 36% 02/04/03 2140 2810 31% - Controls 02/05/03 2130 2810 32% - Controls 02/06/03 2120 2810' -' '~ 33%-Controls Eastbound 11/19/02 2040 3820 87% 11/20/02 2050 3820 86% 12/04/02 2040 3820 87% 12-/05/02 ·1970 3820 94% 12/10/02 2000 3820 91% 02/04/03 2130 3820 79~/o 02/05/03 2190 3820 74% 02/06/03 2160 3820 77% A segment and direction was determined tb be the controlling roadway based on the least percent of reserve capacity as shown by the percantage, Westbound travel on Telegraph Canyon Road was determined to be the constrained segment or segment that "controls" because the reserve capacity was the lowest (31%-33%) as ' compared to all ot~er segments listed. A higher percentage means that more traffic could be added before capacity is reached. Eastern Territories Traffic Capacity Analysis City of Chula Vista -8- 3-02-1244 FUTURE TRAFFIC VOLUME AND DWELLING UNITS The remaining capacity on the constrained segment of Telegraph Canyon Road in the westbound direction was used to determine the number of new dwelling units that could be added. This process included the following steps: 1) A 10% increase in overall westbound Telegraph Canyon Road traffic was assumed in the future due to increases in non-residential traffic. This non- residential traffic includes background, passer-by, and other traffic using Telegraph Canyon Road. 2) A key assumption concerns the percentage of future eastem territory residents who will utilize Telegraph Canyon Road for their AM westbound peak period commute. Several factors were considered in order to estimate this percentage. First, there are generally four main routes to 1-805, Bonita Road, East H Street, Telegraph Canyon Road and Olympic Parkway. It is expected that due to a greater portion of future homes being in the southern areas of the eastern territories, that there will be more traffic using the more southern roadways. Second, a portion of AM peak hour trips will remain within the immediate area of the residences or utilize other minor arterials. Third, a recent survey (before Olympic Parkway was opened to Hunte Parkway) conducted by SANDAG and the City of Chula Vista (Godre Research/ESTC, February 2002) indicated that approximately 80% of eastern Chula Vista commuters use Telegraph Canyon Road, East H Street or Olympic Parkway. Overall, it is estimated that 25% of future westbound AM peak period tdps will utilize Telegraph Canyon Road as shown on Figure 2. 3) 4) Future residential units were assumed to generate 9.3 ADT per home, with 8% of the traffic during the AM peak hour and a 70/30 outbound/inbound split. The trip generation rate of 9.3 trips per household was based on the historic and recently permitted split between single- and multi-family homes in Chula Vista. Calculations are included in Appendix D. The TMP threshold was used as the trigger to determine the number of residential dwelling units that could be constructed and occupied. The TMP threshold based on the GMOC states that no more than two hours of Level of Service D is allowed. The next measurable increment of time in terms of potentially exceeding the TMP threshold is 30 minutes. Therefore, a two and a half hour time frame was utilized as the time threshold to determine the amount of additional dwelling units that would cause the TMP threshoJ, d to be exceeded. Table 6 shows that the TMP threshold of LOS D was exceeded on westbound Telegraph Canyon Road once 6,154 units are constructed (5,385 + 6,923 = 12,308 divided by 2 = 6,154). Since the baseline traffic counts were conducted in late 2002 and early2003, the starting point for the additional dwelling unit count is January 1, 2003. Eastern Territories Traffic Capacity Analysis City of Chula Vista The calculated unit count does not include units that could be gained if additional lanes were provided on East H Street and Telegraph Canyon Road. The benefit of providing these additional lanes was the subject of other traffic analyses, which are included in Appendix E. Ramp meters were assumed to not be installed at the 1-805 ramps. TABLE 6 NEW HOME CAPACITY ON WESTBOUND TELEGRAPH CANYON ROAD NUMBER OF PEAK HOUR VOLUMES DWELLING UNITS Conv. from Assignment Jan Hourly Non- Vehicles to to WB 2003 LOS Reserve Residential Directional Split Dwelling Telegraph Average D Capacity Use on Telegraph Units Only Multiplication Factor: 10% 70% (6-10AM 8% of ADT) 1.9231 25% 30% (3-7PM 10% of ADT) 3.3333 50% (other 3% of ADT) 6.6666 12:00-1:00 AM 120 2810 2690 2420 50% 16133 64533 1:00-2:00 AM 70 2810 2740 2470 50% 16467 65866 2:00-3:00 AM 60 2810 2750 2470 50% 16467 65866 3:00-4:00 AM 90 2810 2720 2450 50% 16333 65333 4:00-5:00 AM 280 2810 2530 2280 50% 15200 60799 5:00-6:00 AM 1010 2810 1800 1620 50% 10800 43200 6:00-7:00 AM 1810 2810 1000 900 70% 1731 6923 7:00-8:00 AM 2050 2810 760 680 70% 1308 5231 ,8:00-9:00 AM 2030 2810 780 700 70% 1346 5385 ~9:00-10:00 AM 1670 2810 1140 1030 70% 1981 7923 10:00-11:00 AM 1490 2810 1320 1190 50% 7933 31733 11:00-12:00 PM 1540 2810 1270 1140 50% 7600 30400 12:00-1:00 PM 1540 2810 1270 1140 50% 7600 30400 1:00~2:00 PM 1500 2810 1310 1180 50% 7867 31466 2:00-3:00 PM 1630 2810 1180 1060 50% 7067 28266 3:004:00 PM 1930 2810 880 790 30% 2633 10533 4:00-5:00 PM 1650 2810 1160 1040 30% 3467 13867 5:00-6:00 PM 1650 2810 1160 1040 30% 3467 13867 6:00-7:00 PM 1370 2810 1440 1300 30% 4333 17333 7:00-8:00 PM 1050 2810 1760 1580 50% 10533 42133 8:00-9:00 PM 960 2810 1650 1660 50% 11067 44266 g:00-10:00 PM 840 2810 1970 1770 50% 11800 47200 10:00-11:00 PM 480 2810 2330 2100 50% 14000 55999 11:00-12:00 PM 300 2810 2510 2260 .... - 50% 15067 60266 TMP Threshold (based on 30 minute increment past the 2-hour threshold): 1s* Hour of LOS D (7:00-8:00 AM) 5,231 Dwelling Units 2"d Hour of LOS D (8:00-9:00 AM) 5,385 Dwelling Units 2 % Hours of LOS D (Average of 2n~ Hour and 3~d Hour) 6,154 Dwelling Units 3~ Hour of LOS D (6:00-7:00 PM) 6,923 Dwelling Units Notes: Example calculation for conversion of volume to house: 100 homes x 9.3 ADT = 930 ADT => 74 Pk Hr AM peak for 2-way (8% of ADT) => 52 Pk Hr 1 -way (74 x 0.7 from 70/30 split) => rate of vehicles per dwelling units => 100/52 = 1.9231 vehicles/dwelling uniL Example caJculation for conversion from vehicles to dwelling units: 1,731 dwelling units x 9.3 ADT = 16098 ADT × 8% = 1,288 AM peak hourx 70% = 900 peak hour vehicle trips. Example calculation for assignment to WB Telegraph: 6,923 dwelling units × 25% = 1,731 dwelling units. Eastern Territories Traffic Capacity Analysis City of Chula Vista 3-02-1244 CONCLUSIONS With a starting date of January 1, 2003, it is predicted that about 6,150 residential dwelling units could be constructed and occupied before the TMP threshold would be exceeded. This amount assumes no roadway improvements are constructed. LLG has conducted previous analyses under separate cover (see Appendix E) that estimated the amount of dwelling units, which could be constructed if specific roadway improvements were constructed. These past analyses indicated the following: 1) 600 additional units could be provided if an additional lane was provided on East H Street approaching 1-805, 2) 1,300 additional units could be constructed if an additional lane was provided on Telegraph Canyon Road approaching 1-805, and 3) 940 additional units could be built if the 1-805/Olympic Parkway Interchange improvements were constructed. In summary, a total of 8,990 residential dwelling units could be constructed as shown in Table 7. A graphic display of the capacities along a time line are shown in Figure 3. TABLE 7 RESIDENTIAL DWELLING UNIT ,SUMMARY Capacity and Improvements 1 ) TMP Threshold CCpacity 2) East H Street--Additional Lane 3) Telegraph Canyon Road--Additional Lane 4) OIyr~pic Parkway~lnterchange improvements Estimated Completion Date Now June 2003 Dec 2003 Feb 2005 Total Additional Dwelling Units 6,150 residential dwelling units 600 residential dwelling units 1,300 residential dwelling units 940 residential dw=.lling units 8,990 residential dwelling units Eastern Territories Traffic Capacit~ Analysis City of Chula Vista 3-02-1244 ~- ................................... ~l~l~ S_LINrl ~NITI':IMO "IVIJ.N]C]IS3~I OTAY PROJECT EXHIBIT "F" SPECIAL POWER OF ATTORNEY KNOW ALL 1V~N BY THESE PRESENTS: That Otay R~nch VI-l, LLC, the undersigned ("Principal"), hereby mzkes, con~dtutes and appoints Kent Aden as Principal's troe and lawful attorney to act for Principal and in Plincipal's n~rae, place and stead and for Principal's tree and benefit: 1. To execute on Principal's be. half that certain Agreement for Monitoring of Building Permits By and Between City of Chula Vista and Otay Project, L.P. dated April I 1, 2003. Principal hereby grants to said attorney in fact full power and authority to do and perform each and every act and thing wh/cll may be necessary, in connection with the forcgoing,'a~ fully, to all intents and purposes, as Principal might or could do if personally preseat, hereby ratifying md conf:maing all that said attorney in fact ~hall lawfully do or cause to be done by anthodty hereof. WITNESS my hand this 11b day of April in the year 2003. OTAY RANCH VI-L,LLC Its: APR. 11.8003 10:~3AM H0.436 P.~/~ State of Califomi~ ) )ss County of San Dic§o ) WITNESS my haud' and official seal State of California-County of San Diego 2 From-VILLAGE DEVELOPb~NT T-Z08 P.OOZ/O03 F-149 OTAY PROJECT EXHIBIT "F" SPECIAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Otay Kanch Nine, LLC, the undersigned ("Principal"), hereby makes, constitutes and appoin~ Kent Aden aa lhSncipal's nme and lawful attorney to act for Principal and in Principal's name, place and stead and for Principal's uae and benefit: 1. To execute on Principal's behalf that certain Agrcemen~ for Monitoring of Building Permits By and Between City nf Chula Vista and Otay Project, L.P. dated April 11, 2003. Principal hereby grant~ to said attorney in fact full povcer and authority to do and perform each and every act and thing which may be necessal3~, ia connection with the foregoing, as fully, m all intents and purposes, as Principal m~ght or could do if personally present, hereby ratifying and confirming all that said attorney in fact shall lawfully do or cauae to be done by authority hereof. WITI',tlSSS my hand thi~ 11~ day of April in thc year 2003. OTAY P, ANCH ~ Apr-II-2003 lO:12am ;rom-VILLAGE D~V£LOp~H? g498447857 T-ZO$ P.O03/O0; P-14g Stale of California ) )ss co~. offal'?n- ) WITNESS my hand and official seal StaTe of California-County of San Diego SE~L 2 Apr-Il-ZOO30g:Slam F-148 From-VILLAGE DEVELOPr~NT 949644T$~T T-205 P.003/01~' OTAY PROJECT EXHIBIT "F" SPECIAl, POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: Thax Otay 'Ranch R-8, LLC, the undersigned ("Principal"), hereby makes, constitutes and appoints Kent Aden as Principal's uae and lawful attorney to act for Principal and in Principal's name, place and stead and for Prl-acipal's use and benefit: 1. To execute on Principal's behalf that certain Agreement for Monitoring of Build/rig Permits By and Bewean City of Chula Vista and Olay Project, L.P. dated April I I, 2003. Principal hereby grants to said attorney in fact full power and authority to do and perform each and every act and thing which may be necessarg, in connection with the foregoing, as fully, to all intents and purposes, as Principal might or could do if personally present, hereby ratifying and confu-mmg all that s:dd attorney in fact shall lawfully do or cause to be done by authority hereof. WITNESS my hand ~his 11m day of April in the yeax 2003. OTAY P. ANCH R-8~ LLC Its: Apr-Il-Z003 09:$1am From-VILLAGE DEYELOPI~NT g4G$44T$57 T-NS P.OO4/O1Z F-148 Sta~e of California ) ) personally appeared. '~t"v')~,l ~ '~__('(i t'O , personally know m me- OP. - proved to me on the basis of satisfactory evidence ~'o be the person(~ whose name~ is~ subscribed to the within instrument and acknowledged to me that h~ executed the same in his~a~l, Pa~ authorized cap~miw(-i~, and that by hisll~/th~ $iinature(~ on the insu'mnem the pe~son(~) or ~e entity upon behalf of which the person(~.) acted, executed the instrument. WITNESS my ha~d and official seal State of Califomia-Counw of San Diego 2 Apr-Il-ZOO3 09:$2am Fro~n-ViLL^r.E DEVELOPI~NT 949644765T T-Z05 P.OOS/O1Z OTAY ?R.OJECT EXHIBIT "F" SPECIAL POWER OF ATTORNEY F-148 KNOW ALL 1VIEN BY THESE PRESENTS: That Otay Ranch R-7B, LLC, the undersigned C'Principal"), hereby makes, constitutes and appoints Kent Aden aa Principal's Ixue and lawful a~omey to act far Principal and in Principal's name, place and ~ead and for Principal's use and benefit: 1. To execute on Principal's behalf that certain Agreement for Monitoring of Building Permits By and Between City of Chala Vista and O~:ay Project~ L.P. dated April 11, 2003. Principal hereby grants to said auomey in fact full po a~er and authority to do and perform each and every act and thing which may be necessar ~,, in connection with the foregoing, as fully, to all intents and purposes, as Principal might or could do if personally present, hereby ratifying and confirming all that said attorney in fact shall lawfully do or catme to be done by authority hereof. WITNESS my hand this 11m day of April in the year 2003. Apr-llqO03 O~:5hm From-VILLAGE DEVELOPk~HT g4g$4476E~ T-ZO$ P.OO$/OlZ F-148 ST,~e of California ) County of~ 4,f'C ) WITNI~SS my hand and official seal State of California-Coumy of S aa Diego SEAL 2 ^pr-11-2003 09:6Zam From-VILLAQE OEVELOPi~NT 949~447651 %205 P,007/012 OTA¥ ?RO..T~C~ EXHIBIT "F" SPECIAL POWER OF A'fTORNEY KNOW ALL MEN BY THESE PRESENTS: That Otay Ranch R-7A, LLC, the undersigned C'Princ.ipal"), hereby makes, conatimtes and appoints Kent Aden as Priucipal's true and lmvful attorney to act for Principal mud ia Principal's name, place and stead and for Principal's use and benefit: 1- To execute on Principal's behalf that certain Agreement for Monitoring of Building Permits By and Between City of Chula Vista and O,:ay Project, L.P. dated April 11, 2003. Principal hereby grants to said attorney ia fact full power and authority to do and perform each and every act and thing which may be necessary, in connection with uhe foregoing, as fully, to all intents and purposes, as Principal might or could do if personally present, hereby ratifying and confirming all tha~ said attorney in fact shall lawfully do or cause to be done by authority hereof. WITNESS my hand this 11m day of April in the year 2003_ BY: ~lr~.~~'OTAY P. ANCH R-7A, LL~ Cf-- Apr-Il-2003 09:$2am From-VILLAGE DEVELOPN~NT 949544?65? T-ZO$ P.008/012 WITNESS my l~and and official seal State of California-County of San Diego SEAL 2 Apr-Il-2003 09:$2am From-VILLAGE DEVELOP~NT 9496447667 T-ZOE P.OOQ/O1Z OTAY PROJECT EXHIBIT "F" SPECIAl. POWER OF ATTORNEY F-148 KNOW ALL MEN BY THESE PRESENTS: That Otay Ranch Eight, LLC, the undersigned ("Principal"), hereby makes, constitutes and appoinrm Kent Aden as Principal's a'ue and lawful attorney to act for Principal 'and in Principal's name, place and stead and for Pri'acipal's uae and benefit: 1_ To execute on Principal's beho?that certain Agreement for Monitoring of Building P;,aits By and Between City of Chula Vista and Oray Project, L.P. dated April 11, 2003. Principal hereby grants to said auomey in fact full power and authority to do and perform each and every act and thing which may be necessary, m connection with the foregoing, a~ fully, to all intents and purposes, as Principal might or could do if personally present, hereby ratifying and confirming all that s~dd attorney in fact shall lawfully do or cause to be done by authority hereof. WITNESS my hand this 11~h day of April in *.he year 2003. OTAY }LANCH EIGHT~LLC Apr-Il-Z003 09:53am From-ViLLAGE DEVELOPK~NT g4g$44T$$T T-Z0$ P,010/012 F-148 S~ate o£ Califomi~ ) )ss personally aplleated, -I{t'W~,l ,~ -'[Ir~/'"(, ~"~"l ~ personally know to me - 01~ - proved to me on the basis of satisfactory ev~deac¢ to be the person) whose name(,~) is/~-~ subscribed to the within ixtsm, unent and acknowledged to me that he/~l~l~y-executed the sam~ m h~s~ authorized cap;~:ity(~), aad that by his/l~-~h~ signamre~) on the insma~ent the person{~) or the entity upon behalf of which the person(o) acted, executed thc insmanent. WITNESS my hand and official seal State of California-Co,tory of San Diego SEA.TL. Apr-Il-2003 09:53am From-VILLAGE DEVELOPi,~NT 949644?657 T-205 P.Oil/O1Z F-MB OTAY PROJECT EXHIBIT "F" SPECIAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: Tha~ Otay Ranch Seven, LLC, the undersigned ("Principal"), hereby makes, constitutes and appoims Ken~ Aden as Principal's u-u~ and hwful attorney m act for Principal and in Principal's name, place and stead and for P~cipal's use and benefit: 1. To execute on Principal's behalf that certain Agreement for Monitoring of Building Permits By and Between City of Chula Vista and Otay Project, L.P. dated April 1 l, 2003. Principal hereby grants to said attorney in fact full power and authority to do and perform each and every act and thing which may be necessary, m connccuon with thc foregoing, as fully, ~o all intents and puxposes, as Principal might or could cio if personally present, hereby ra~ifying and confirming all that s:dd attorney in fact shall lawfully do or cause m be done by authority hereof. WITNESS my hand this 11m day of April in the year 2003. OTAY }~_NCH. SE_~LLC Apr-II-Z003 0g:53am From-VILLAGE DEVELOP~NT g49544765~ T-Z05 P.01~/01Z F-148 Slate of Cali£omia ) )ss C ounty'of~-~i~o ) p~ly~pc~ ~ ~ ~C~f~ ,pe~n~ly~owtome- OR - proved m me on ~e b~is of safisf~to~ evidmce m be ~e ~on~ whose nm~) i~ subscribed m ~e M~ ~en] md ac~owledged m me he/~ executed ~c s~e ~ ~=P~z~ au~omed capa~ty~, ad ~at by ~ ~a~ on ~c im~ ~e p~n~ or ~e enfiW upon be~fof which ~e pc~n~) ~m~ ~ecuted thc ~ent. WITNESS my hard and official seal State of Califomia-Coumy of San Diego SEAI. 2 04-11-ZD03 1Z:I0pm From- T-ZZO P.002/008 OTA¥ PROJECT ~4IB~T "F" SPECIAL POWER OF ATTORNEY F-694 KNOW ALL NIEN BY THESE PRESENTS: That Otay Ranch R-2A, LLC, the undersigned ("Principal"), hereby makes, constitutes and appoints Kent Aden as Principal's true ~md lawful attorney to act for Principal and in Principal's name, place and stead and for Principal's use and benefit: 1. To execute on Principal's behalf that certain Agreement for Monitoring of Building Permits By mad Between City of Chula Vista and Otay Project, L.P, dated April 11, 2003. Principal hereby grants to said attorney in fact full power and authority to do and perform each and every act and thing which maybe necessary, in connection Mth the foregoing, as fully, to all intents and purposes, as Principal might or could do if personally present, hereby rati£ying and continuing all that said attorney in fact shall lawfully do or cause to be done by authority hereof. WITNESS r~y hand this 1'1~h d~y of April in the year 2003. i 04-11-200~ 12:lOpm From- State of California ) )ss County of Sm Diego ) personally apl~eared, · ('/~a~an r'~. ~l./dcO/~ , personally know to me ~ OR. -~ .prov~d to me on lh~. b~.[s of ~i~£a~4oi~--~vMcn~e to be the person(*O whose .re(f~a~ subscribed to the within instnu~nont and ach~owledged to me tha~ executed the same h~er/:!~¢~ authorized capacity(.t~a.), and that by signat~e(g) on the instrument the person(~) or the entity upon behalf of which the person(~ acted, executed the instrument. WiTNESS nay hand and official seal SEAL 2 Recording requested by: City of Chula Vista After recording return to: City Clerk's Office City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 This space for Recorder's use only AGREEMENT FOR MONITORING OF BUILDING PERMITS This Agreement for the Monitoring of Building Permits ("Agreement") is made as of this __ day of , 2003, by and between the CITY OF CHULA VISTA, a municipal corporation ("City"), and BROOKFIELD SHEA OTAY LLC, a California Limited Liability Company ("Developer") with reference to the following recitals: RECITALS 1. The Property. This Agreement concerns and affects certain real property located in Chula Vista, Califomia, more particularly described on Exhibit "A" attached hereto and incorporated herein ("Property"). 2. Project. The Property is a master planned community commonly known as Winding Walk (Otay Ranch Village 11) ("Project"). The City Council approved a General Development Plan, SPA Plan, Public Facility Financing Plans ("PFFP") by Resolution No. 2001- 363, Tentative Map, adopted by Resolution No. 2001-364 ("Tentative Map"), Development Agreement, adopted by Ordinance No. 2696, ("Development Agreement") and other various entitlements (referred to herein collectively as "Entitlements") for development of the Project. 3. Mitigation Measures. The mitigation identified by the Project's EIR and incorporated as Tentative Map Condition No. 10, provides as follows: Prior to the construction of SR-125, the City shall stop issuing new building permits for Village 11 when the City, in its sole discretion, determines either; a) Building permits for a total of 9429 dwelling units have been issued for projects east of 1-805, or b) An alternative measure is selected by the City in accordance with the City of Chula Vista Growth Management Ordinance. The start date for counting the 9429 dwelling units is January 1, 2000. Notwithstanding the foregoing, the City may issue building permits if the City Council decides in its sole discretion that either; the cimulation system has additional capacity without exceeding the GMOC traffic threshold standards based upon traffic studies approved by the City Engineer; other improvements are constructed which provide additional necessary capacity; or the City selects an alternative method of implementing the GMOC standards. 4. Municipal Authority. The City of Chula Vista, California, pursuant to Article XI of the California Constitution and the City Charter of the City of Chula Vista, may adopt and enfome all ordinances and regulations with respect to municipal affairs, including the authority to adopt and enforce general and specific plans, zoning and subdivision regulations, and other land use control measures to protect and promote the public health, safety and welfare of its citizens. 5. Growth Management Element. The Growth Management Element of the City's General Plan sets forth goals, policies and objectives which, among other things, ensure that the pace and pattern of residential development is coordinated with the provision for adequate public facilities and services. To this end, Growth Management Policy 4.2(e) calls for the use of threshold standards to define the minimum acceptable level of public facilities and service that maintains a quality environment while allowing development to continue and to monitor these facilities. 6. Growth Management Ordinance. The City of Chula Vista enacted the Growth Management Ordinance (Chapter 19.09 of the Chula Vista Municipal Code) (referred to herein as "Growth Management Ordinance") to ensure that public facilities, services and improvements meeting city standards exist or become available concurrent with the need created by new development and to prevent growth which has been planned for by the City to proceed unless adequate public facilities and improvements are provided in a phased and logical fashion as required by the General Plan. The Growth Management Ordinance establishes quality of life threshold for public facilities. 7. Traffic Study. The parties have reviewed the Traffic Study prepared by Linscott, Law and Greenspan dated April 10, 2003, (referred to herein as "Traffic Study" and a portion of which is attached as Exhibit "D') and based upon that study has determined that a certain number of building permits east of 1-805, may be issued without exceeding the City's current ability to provide public transportation facilities concurrent with residential growth which will not result in a reduction in level of service thresholds (as set forth in the Growth Management Ordinance) if certain transportation improvements have been constructed. 8. Alternative Measure. The parties have determined that residential development at the current rate will outpace the provision of needed transportation facilities, thereby posing a substantial risk to the public health and safety of the community. The City Council further determines and, Developer concurs, that in compliance with the Property mitigation measure, an alternative measure is necessary pursuant to paragraph 3(b) above. This measure will protect the public health and safety, as shown in the Traffic Study, by preventing the rate of development from exceeding the ability to provide public facilities in an orderly and phased manner consistent with the intent and purpose of the measure, Growth Management Ordinance and Growth Management Element of the Progress Guide and General Plan. 9. Monitoring Program. To ensure the maintenance of the Chula Vista Quality of Life Threshold Standards, meet the mitigation requirements of development projects, and stabilize the rate of residential development within eastern Chula Vista, the City, Developer and other developers within eastern Chula Vista, determine it is necessary to undertake steps necessary to implement a program, as set forth in this Agreement, for monitoring of building permits in order to implement the Growth Management ordinance and the Project's Mitigation requirements ("Monitoring Program"). NOW, THEREFORE, the parties agrees as follows: A. Agreement Applicable to Subsequent Owners. Agreement Bindin~ upon Successors. This Agreement shall be binding upon and inure to the benefit of the successors, assigns and interests of the parties as to any or all of the Property, as described on Exhibit "A", until released by the mutual consent of the parties. Agreement Runs with the Land. The burden of the covenants contained in this Agreement ("Burden") benefit and burdens the Property, its successors and assigns and any successor in interest thereto as well as benefit the City. City is deemed the sole beneficiary of such covenants for and in its own fight and for the purposes of protecting the interest of the community and the public in whose favor and for whose benefit of such covenants running with the land have been provided without regard to whether City has been, remained or are owners of any particular land or interests therein. If such covenants are breached, the City shall have the right to exercise all rights and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach to which it or any other beneficiaries of this Agreement and the covenants may be entitled. Release to Individual Homeowners. Upon conveyance of a residential unit to an individual homeowner, such lot shall be released from the obligation under this Agreement and as against Developer's successor-in- interest to such lot. B. Building Permit Definition. The specific provisions of this Agreement shall apply to building permits for residential development. For purposes of this Agreement only, "building permits" means permits issued for the construction of new dw"elling units requiring issuance of a building permit, but does not include the exceptions set forth in Paragraph E herein, and remodeling, additions, rehabilitation or other improvements to an existing structure, or rebuilding or replacement of an existing structure, provided such activities do not result in an increase in dwelling units. C. Duration. This Agreement shall commence upon the Effective Date of this Agreement and terminate on March 31, 2006. D. Projects Governed by the Monitoring Program: The Monitoring Program shall govern all phases of the development of the Property as depicted in the Entitlements, which are owned by the Developer and its successors in interests, which are subject to the numeric development threshold described in Paragraph 3 of this Agreement. E. Projects Not Governed by the Monitoring Program. City and Developer agree that the following types of development projects shall not be subject to this Agreement: Affordable housing units which meet the criteria for affordable housing as set forth in the City's Housing Element of the General Plan and will be constructed pursuant to a fully executed City of Chula Vista Affordable Housing Agreement; and Development projects which are not subject to a numeric development threshold (building permit limitation) and have met their major infrastructure obligations as required by that project's entitlements and the Growth Management Ordinance, as such projects are more fully described on Exhibit "C"; and Model Homes constructed for the Project; provided however, the building permit for that model home shall count, against the Developer's total allocation of building permits within the year the final inspection for that model home allows occupancy. For purposes of this paragraph "model home" means a home used for the purpose of marketing similar homes within the Project during the time these homes are offered for sale to the public. Model homes are not permanently occupied and there is no transfer of ownership to an individual homebuyer, other than to a private investor. 4. Commercial and Industrial development and other nonresidential development. F. Permit Limitations. Developer understands and agrees that the total number of building permits for all phases of development of the Property are subject to the Monitoring Program. The total number of building permits to be issued by the City for the Projects listed on Exhibit "B" shall not exceed 6,630 building permits for the term of said Program. The annual distribution, commencing from April 1 to March 31 of each year for development projects subject to the Monitoring Program shall be as follows: 4 Year Permits (April I to March 31) 4/1/03-3/31/04 2475 4/1/04-3/31/05 2375 4/1/05-3/31/06 ! 780 Total 6630 Developer agrees that its share of the building permits for each year of the Monitoring Program shall be in the amount set forth in Exhibit "B," which shall control the number of building permits that shall be issued by the City for the Property. Any building permits issued within the Property, whether obtained by Developer or its successors interest (e.g., its merchant builders) shall be counted against Developer's allocation shown on Exhibit "B." Developer agrees not to request building permits, which would exceed its allocation total for each of the years of the Monitoring Program. Developer shall be responsible for obtaining compliance with its allocation obligations as set forth in this Agreement from all applicable parties. Any building permits not issued from the total allocated in any given year will be added to the subsequent year's allocation. If two or more developers agree in writing to reassign permits amongst themselves, the City shall adjust the permit schedule and issue permits in accordance with the reassignment agreement(s) so long as the reassignments do not exceed the yearly allocation and the other terms of the Monitoring Program. G. Other Condition of Approval. Other than as specifically provided for in this Agreement, nothing herein shall be construed as relieving Developer from complying with the Project's other conditions of Entitlements and all City regulations, standards and policies, including the City Growth Management Program, and related threshold standards shall apply to the Project. Furthermore, the total number of residential units for the Project remain unchanged, as set forth in the Entitlements. H. Completion of Roadway Improvements. Notwithstanding the foregoing, Developer understands and agrees that the number of building permits attributed to each of the improvements as shown on Exhibit "E", shall be available to be allocated under the terms of this Agreement upon the completion of such roadway improvements. For example, the completion of Olympic Parkway and other completed improvements (as described in the Traffic study) added 6, 150 building permits available to be issued by the City, beginning as of January 1, 2003. Other traffic enhancement improvements listed on Exhibit "E" provide capacity for additional building permits in the amounts shown on Exhibit "E." If any of the roadway improvements are not completed by the dates shown, then the corresponding number of building permits attributed to said improvements shall be deducted by the City from the total number of building permits to be 5 issued for the last twelve (12) months of the Monitoring Program. The amount deducted shall be prorated against all the developers' totals shown on Exhibit "B" on a proportionate basis. If the traffic improvement is later completed; the number of building permits attributed to said improvement shall be added back to the total available to be allocated based upon the same pro rata formula. For purposes of this paragraph the term "completion of improvements" shall mean when said improvements are open to the public for use. Nothing herein shall limit the City's ability to pursue other legal remedies available through other Agreements (i.e. Traffic Enhancement Agreement) with respect to the completion of the traffic enhancement improvements. 1. Traffic Enhancement Agreement. Notwithstanding any provisions to the contrary herein, Developer acknowledges and agrees that upon execution of this Agreement by the City, the City has fully and completely satisfied City's obligations as set forth in Article 2 (Sections 2.1 through 2.3) of that certain Agreement for Financing and Construction of Roadway Improvements for Traffic Enhancements, approved by the City Council by Resolution 2002-376 ("Traffic Enhancement Agreement"). In particular, the City shall not be required to process nor present for City Council consideration any amendments to Developer's Project entitlements as described in paragraph 2.1(b) of said Traffic Enhancement Agreement. Notwithstanding the foregoing, all other terms, conditions, and obligations of the Traffic Enhancement Agreement shall remain in full force and effect. J. Growth Management Ordinance. Notwithstanding any provisions to the contrary herein, Developer acknowledges and agrees that nothing herein shall be construed as to restrict the City's ability to exercise its discretion as provided by the Growth Management Program, as may be amended from time to time. Developer and City agree that this Agreement is consistent with the Growth Management Element, Growth Management Ordinance, Development Agreement, Tentative Map Conditions and other provisions of the Entitlements. K. Indemnification. Provided the City is not in material breach of this Agreement, Developer and each of the property owners for which this Agreement is recorded against (jointly referred to in this paragraph as "Indemnitor") shall solely and jointly be responsible to defend, indemnify and hold harmless the City, its elected and appointed officers and employees, from and against any claims, suits, actions or proceedings, judicial or administrative, for writs, orders, injunction or other relief, damages, liability, cost and expense (including without limitation attorneys' fees) arising from this Agreement and the City's actions in processing or issuing building permits in accordance with this Agreement, the State Building Code and other laws and regulations as applicable, or in exemising any discretion related thereto. Indemnitor's indemnification shall include any and all costs, expenses, attomeys' fees and liability incurred by the City, its officers, agents or employees in defending against such claims, whether the same proceed to judgment or not. Further, Indemnitor, at its own expense, shall upon written request by the City, defend any such suit or action brought against the City, its officers, agents or employees. Upon Indemnitee exercising such option to tender a defense, Indemnitee shall reasonably cooperate in the defense of such action. At its sole discretion, the City may participate, at its own expense, in the defense of any such action, but such participation shall not relieve lndemnitor of any obligation imposed by this Agreement. If the City decides not to tender its defense to Indemnitor, City and Indemnitor each agree to reasonably cooperate with each other in the defense of such action. 6 Both parties to this Agreement (Indemnitor and Indernnitee) shall have the right to initiate negotiations with a claimant in a proceedings described herein to end litigation by settlement. Each party has the duty to notify the other party of settlement negotiations at the earliest possible stage of initiation of said negotiations. Each party shall cooperate in good faith in said negotiations. Nothing herein shall obligate the City to grant or exercise its discretion on any matter which the City has a right to exercise such discretion, in order to implement the terms and conditions of a settlement agreement. L. City Authority to Issue Permits. Nothing herein shall be construed as limiting the City's authority to withhold final or interim inspection of units for which building permits may have been issued or the issuance of building permits or certificates of occupancy in accordance with the State Building Code, or other laws and regulations as applicable or if the required fees are not received by the City. M. General Provisions. 1. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of California. 2. Effective Date. The terms and conditions of this Agreement shall be effective as of the date this Agreement is approved by the City Council. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be original and all of which shall constitute one and the same document. Entire Agreement. This Agreement embodies the entire agreement and understanding between the parties regarding the subject matter hereof, and any and all prior or contemporaneous oral or written representations, agreements, Entitlements, understandings and/or statements regarding the same subject matter hereof, shall be of no force and effect. 5. Recitals, Exhibits. Any recitals set forth above and any attached exhibits and diagrams are incorporated by reference into this Agreement. Authority of Signatories. Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions and/or actions or agreements have been taken so as to enable said signatory to enter into this Agreement on behalf of and to bind the real property owners for which this Agreement shall be recorded against. Modification. This Agreement may not be modified, term~ated or rescinded, in whole or in part, except by written instrument duly executed and acknowledged by the parties hereto, their successors or assigns. 8. Preparation of Agreement. No inference, assumption or presumption shall be drawn fi.om the fact that a party or its attorney prepared and/or drafted this Agreement. It shall be cOnclusively presumed that all parties participated equally in the preparation and/or drafting of this Agreement. 9. Third Party Beneficiaries. Notwithstanding any other provision of this Agreement to thc contrary nothing herein is intended to create any third party beneficiaries under this Agreement, and no person or entity other than City, and Developer and the permitted successors and assignee of each of them, shall be authorized to enforce thc provisions of this Agreement. 10. Developer Participation, Developer represents that it has participated in the establishment of the Monitoring Program, this Agreement and Exhibit "B" hereto. Developer agrees to the schedule provided within Exhibit "B" as it pertains to development o f the Project and other projects within the Monitoring Program. [NEXT PAGE IS SIGNATURE PAGE] 8 DEVELOPER: Brookfield Shea Otay LLC, a California limited liability company By: Brookfield Otay LLC, a De/aware limited liability company, Member Its: -~;x~s. By: SHEA OTAY VILLAGE 11, LCC a California limited liability company, Member By: Shea Homes Limited Partnership, a California limited partnership By: J.F. Shea, LLC, By: ~E e' a~i liability c---°mpanY' its Gen~a~Tan/;r'~ Its: J:~ATTORNEY~AGREE\Monitoring Building Permits SHEA OTAY VILLAGE2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California '~ Countyo, ~.~/~J ~'/) ,/~.3 (~) ,~ ss. On ~///'~0~ before me, ~q~.~ ~l~ personallyappet ara;~J O ~ ~ ~, ~ ~ ~ ~ ~Z ¢ 2 ~( '"~0~*~e~ Name(s) of Signer(s) ~peraonally known to me ~ proved to me on the basis of satisfacto~ evidence to be the person(s) whose~is~ subscribed to the within ins-'~Ement and acknowledged to me that he/sh, s,s,s,s,s,s,s,s~ executed the same in h i s/h e r/h e if,,~.~..7-- authorized capacity(ies), and that by his/her~ signature(s) on the instrument the pers~ the entity upon behalf of which the(~.rson(s.~.~,.~ acted, executed the instrument. W~NESS my hand/?nd official seal. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal gnd reattachment of this foil to another document+ Description of Attached Document Title or Type of Document: Document Date: _ Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: [] Individual [] Corporate Officer -- Title(s): [] Partner -- [] Limited [] General [] Attorney-in-Fact L~ Trustee [] Guardian or Conservator [3 Other: Signer Is Representing: / 7-25' CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California coun of On /~'~"~J.. I\~, "?--O'~before me. ~ personally appeared ~'~ ~- ~.. ~--~ ~ ~ B ..~/t:~,~ , ~personalht known to ms [] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) .is/am subscribed to the within instrument and aclmowledged to me that he/she/they executed the same in ~;/.".;r/their authorized capacity(les), and that by signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. OPTIONAL Though the info~rnation below is Not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reeltachment of this form to ~nother document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: _ [] Individual ~ Corporate Officer -- Title(s): [] Partner-- [] Limited [] General [] Attorney-in-Fact ~3 Trustee [] Guardian or Conservator [] Other: Signer Is Representing: APR~lO-20~3 16:02 HUNSAKER & ASSOCIATES SD 858 558 4500 P.O2/B2 EXHIBIT "A" LEGAL DESCRIPTION ALL OF CHULA VISTA TRACT NO. 01-11, OTAY RANCH, VILLAGE 11, "A" MAP NO. 1, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14559 FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER MARCH 17, 2003. DAVID W. AMBLER L.S. 7322 HUNSAKER & ASSOCIATES SAN DIEGO, INC. L.S, 7322 ~, ~. -- 0~. 17-2 PAGE 1 OF 1 :dbs M:\2366\03\LEGAL DE$CF~IPTJONS~AR(3 r3~RC c~p ~ ~r~ ~:~n ~-- TOTAL P.02 Developer The Eastlake Company Broolcfield Shea Otay, LLC McMillin Otay Ranch, LLC Otay Project LP McMillm Rolling Hills Ranch, LLC NNP-Trimark San Miguel Ranch, LLC Bella Lago Exhibit 'B' Project 4/01/03 to 4/01/04 to 4/01/05 to 3/31/04 3/31/05 3/31/06 Eastlake III 620 834 507 Village 11 378 568 492 Village 6 278 307 109 Village 6 1008 299 35 Rolling Hills Ranch 120 153 330 San Miguel Ranch 71 154 227 Bella Lago 0 60 80 Total 2475 2375 1780 6630 /7'-' ~ R s EXHIBIT P EASTERN TERRITORIES TRAFFIC CAPACITY ANALYSIS CHULA VISTA, CALIFORNIA April 10, 2003 INTRODUCTION The following report estimates the number of additional dwelling units that can be built in the eastern territories of Chula Vista, pre SR-125, before East H Street or Telegraph Canyon Road near 1-805 reach the City of Chula Vista's Traffic Monitoring Program (TMP) thresholds. Additionally, this report includes results from three other traffic studies that estimate the number of additional dwelling units that could be built due to other specific roadway improvements. A preliminary assessment of the study area indicated that either East H Street or Telegraph Canyon Road woutd be the first to have their Level of Service (LOS) exceed the allowable TMP thresholds. For this reason and because East H Street and Telegraph Canyon Road act as the primary commuter routes, this study focused on these two ar-[erials. The methodology to forecast the future traffic conditions is based on linear regression formulas, which use historical TMP speed and traffic volumes to forecast future travel speeds. This report is structured as follows: · Analysis Methodology · Existing Traffic Conditions · Future Traffic Conditions Prediction · Conclusions Figure I is a map showing the limits of the existing TMP analysis segments of East H Street and Telegraph Canyon Road. ANALYSIS METHODOLOGY In general terms, the following methodology was used to estimate the number of additional units (pre SR-125), which could be built in the eastern territories before City threshold standards would be exceeded on East H Street and Telegraph Canyon Road. 1) Traffic volume counts and speed surveys were conducted in November, December, and February on both Telegraph Canyon Road and East H Street (the most "constrained" roadways in the study area), in both the eastbound and westbound directions. The counts were conducted after Olympic Parkway was extended eastward to Hunte Parkway and open to through traffic. 2) Four linear regression graphs were developed (eastbound Telegraph Canyon Road, westbound Telegraph Canyon Road, eastbound East H Street, westbound East H Street) based on the collected data. Eastern Territories Traffic Capacity Analysis / ,,~ ..~ Z~¢..~ City of Chula3-02-1244Vist~ ENGINEERS 3) An equation was developed based on each graph relating speed to volume. 4) A table was developed relating volume to LOS, using Highway Capacity Manual Standards. 5) The amount of hourly traffic volume that could be added to Telegraph Canyon Road and East H Street was determined based on degradation in LOS until the TMP threshold was exceeded. 6) Residential and non-residential traffic was added to the most constrained segment of Telegraph Canyon Road and East H Street until the TMP threshold was exceeded. 7) This amount of traffic was correlated to a dwelling unit amount in the eastern territories. EXISTING CONDITIONS AVERAGE DALLY TRAFFIC VOLUMES Average Daily Traffic (ADT) volumes for East H Street, Telegraph Canyon Road and Olympic Parkway were obtained from machine counts collected in November 2002, December 2002 and February 2003. The ADT volume data are contained in Appendix A and are summarized in Table 1. SEGMENT TABLE 1 EXISTING ADT VOLUMES WEEKDAY AVERAGE ADT VOLUMES 11118102-11121/02 12/2-12/6, 12/9/02 ) 213103-217103 East H Street West of Hidden Vista Drive Hidden Vista Drive and Terra Nova Drive Del Ray Boulevard and Paseo Del Rey Tierra Del Rey and Paseo Ranchero Telegraph Canyon Road Halecrest Drive to Oleander Avenue Paseo Del Rey to Oleander Avenue Paseo Del Rey to Medical Center Drive Paseo Eandera to Paseo Ranchero Olympic Parkway Oleander Avenue to Brandywine Brandywine to Heritage Road Heritage Road to La Media Drive Source: LLG Engineers Data notava~a~le Data notavailable 66,700 59,400 59,550 53,850 52,900 53,800 50,500 47,350 47,100 45,550 Data 58,400 59,550 60,950 notavailable Data notavailable 55,200 52,550 52,600 * 54,000 42,800 42,950 44,600 27,800 28,100 28,600 20,150 22,000 23,050 13,700 14,200 16,000 Eastern Territories Traffic Capacity Analysis City of Chula Vista 3-02-1244 J~ N G I N E ~ R S CHULA VISTA TRAFFIC MONITORING PROGRAM The Chula Vista TMP is used to assess the operating performance of the City's arterial street system in order to determine compliance with the Threshold Standards of the Growth Management Oversight Commission (GMOC). The threshold standards specify that LOS C or better, as measured by average travel speeds on the arterial, shall be maintained on all signalized arterial segments with an exception dudng peak hours where LOS D can occur for no more than any two hours of the day. Existing travel speeds along the study arterials were obtained from City of Chula Vista engineering staff, while ADT volumes during the same days were counted by Linscott, Law and Greenspan Engineers (LLG). The TMP data sheets are included in Appendix B. A summary of the TMP speeds, LOS, and associated hourly volumes are included in Table 2. Eastern Territories Traffic Capacity Analysis City of Chula Vista 3-02-1244 ENGINEERS TABLE 2 SUMMARY OF EXISTING HOURLY VOLUMES AND SPEED DATA WITH OLYMPIC PARKWAY OPEN TO HUNTE PARKWAY East H Street Westbound 6-7 AM 7-8 AM 8-9 AM DATE MPH LOS VOL MPH LOS VOL MPH LOS VOL 11/19/02 45.5 A 1470 34 B 1870 33.3 B 1980 11/20/02 39.4 A 1410 33.1 B 1920 28.5 B 1910 12/03/02 31.6 B 1390 31.4 B 1870 26.7 C 1820 12/04/02 38.6 A 1390 30.8 B 1920 31.9 B 1850 12/05/02 34.1 B 1380 30.2 B 1870 29.8 B 1850 12/10/02 35.3 A 1360 32.3 B 1880 35.3 A 1870 02/04/03 33.8 B 1460 28.7 B 2030 27.8 C 2000 02/05/03 36,2 A 1520 26.3 C 2030 29.8 B 2020 02/06/03 32.0 B 1520 32.3 B 2080 31.2 B 2110 Eastbound 3-4 PM 4-5 PM 5-6 PM DATE MPH LOS VOL MPH LOS VOL MPH LOS VOL 11/19/02 38.6 A 1940 35,9 A 1990 32.9 B 2080 11/20/02 28.4 B 2010 30.4 B 1860 30.3 B 2180 12/03/02 33.8 B 1930 28.5 B 2070 33.5 B 2100 12/04/02 30.7 B 1930 31.7 B 2070 30.7 B 2150 12/05/02 28.5 B 1880 28.7 B 2060 30.8 B 2070 12/10/02 30.9 B 1890 37.9 A 2040 33.3 B 2120 02/04/03 31.4 B 2020 35.4 A 2150 30.5 B 2310 _02/06/03 36.0 A 1950 32.5 B 2200 30.5 B 2310 Telegraph Canyon Road Westbound 6-7 AM 7-8 AM 8-9 AM DATE MPH LOS VOL MPH LOS VOL MPH LOS VOL 11/19/02 41.4 A 1800 33.5 B 1970 32,4 B 1980 11/20/02 36,9 A 1790 32.4 i3 1970 28.8 B 1970 12/03/02 33.1 B 1800 34.3 B 2060 28.5 B 202~' 12/04/02 38.9 A 1780 35.6 A 2060 33.3 B 2030 12/05102 35.9 A 1790 35.4 A 2060 29.1 B 2040 02/04/03 30.0 B 1870 33.6 ~3 2140 30.9 B 2090 02/05/03 4%9 A 1850 32.8 t3 2130 33.9 B 2040 02/06/03 33.9 B 1870 26.6 C 2120 24.7 C 2090 Eastbound ' ~' 3-4 PM 4-5 PM 5-6 PM DATE MPH LOS VOL MPH LOS VOL MPH LOS VOL 11/19/02 38.6 A 1700 38.0 A 1960 37,9 A 2040 11/20/02 30.9 B 1780 , 30.7 B 1820 30.7 B 2050 12/04/02 31,6 B 1870 33.8 B 1910 35.2 A 2040 12/05/02 29~5 B 1850 27.4 C 1860 28.3 B 1970 12/10/02 33.3 B 1770 31,1 B 1850 26.6 C 2000 02/04/03 31.1 B 1770 31.4 B 1940 29.8 B 2130 02/05/03 30.4 B 1910 33.1 B 1900 27.3 C 2190 02/06/03 30.0 B 1800 28.0 B 1980 27,3 C 2160 Source: City of Chula Vista for speeds, which ara shown in MPH (i.e. 38.6} LLG for hourty volumes, which are shown in vehicles per hour (i.e. 1940) MPH - Miles/Hour; LOS * Level of Service; VOL - Hourly Volume /7-2 ,7 Eastern Territories Traffic Capacity Analysis City of Chula Vista -5- 3-02-1244 ENGINEERS FUTURE TRAFFIC CONDITIONS PREDICTION The future roadway capacity was estimated by calculating linear regression equations for each of the study arterials from the historical TMP and volume data in Table 2. From the linear regression equations, look-up tables with hourly volumes were calculated for LOS A through E. Each of the study ar[erials were evaluated to determine which roadway and direction of travel would be the "constraint" in the street system that would be the first arterial to have its capacity exceeded. Traffic was added to the "constrained" arterial until the TMP threshold of LOS D was reached. And finally, the added traffic was translated into a total number of new dwelling units. LINEAR REGRESSION EQUATIONS A linear regression equation is used to describe the dependence of one variable on another. For example, as the traffic volume increases on Telegraph Canyon Road, the average travel speed and LOS will decrease. The linear regression equations by direction for each arterial were calculated using the historical TMP speed and associated hourly volumes listed in Table 2. The equations are shown in Table 3 and the linear regression plots are included in Appendix C. TABLE 3 LINEAR REGRESSION EQUATIONS BY ARTERIAL Arterial, Direction and Peak Period Linear Regression Equation East H Street - Westbound in the AM MPH = 50.7 - 0.0102 x Volume East H Street - Eastbound in the PM MPH = 41.3 - 0.00435 x Volume Telegraph Canyon Road - Westbound in the AM MPH = 72.3 - 0.0197 x Volume Telegraph Canyon Road - Eastbound in the PM MPH = 45.9 - 0.00756 x Volume LOOK-UP TABLE From the linear regression equations, a LOS lSbk-up table by hourly volume was created by plugging in the MPH to determine the associated volume. The hourly volumes LOS thresholds for each scenario are shown in Table 4. Eastern Territories TrafT3c Capacity Analysis City of Chula Vista 3-02-1244 ENGINEERS TABLE4 LOS LOOKUP TABLE BY HOURLY VOLUME LOS J A MPH J _> 35 East H Street - WB in the AM 1,540 East H Street- EB in the PM 1,450 Telegraph Canyon Rd - WB in the AM 1,890 Telegraph Canyon Rd - EB in the PM 1,440 B C _> 28 > 22 2,230 2,810 3,060 4,440 2,250 2,550 2,370 3,160 _>17 I <13 3,300 3,700 5,590 6,510 2,810 3,010 3,820 4,350 Source: LLG Engineers. Example calculation: LOS A for East H W~ volume using MPH = 50.7 - 0.0102'Volume becomes 35 = 50.7 - 0.0102%/olume => -15.7 = -0.0102"Volume => Volume = 1.539 => rounded to 1,540. CONSTRAINED SEGMENT Using the collected data, each segment was analyzed to determine which would reach the TMP threshold first. As shown in Table 5, westbound Telegraph Canyon Road was calculated to reach capacity first and therefore is considered to be the constrained segment. Telegraph Canyon Road is considered to be the constrained segment because it has the least amount of reserve capacity. Fewer vehicles can be added to Telegraph Canyon Road before it reaches capacity as compared to East H Street. Additionally, other factors that limit the capacity of Telegraph Canyon Road include friction from multiple driveways and delays from many traffic signals. Eastern Territories Traffic Capacit7 Analysis City of Chula Vista 3-02-1244 ENGINEERS TABLE5 CONSTRAINED SEGMENT ANALYSIS Date Highest Peak Volume at LOS D Percentage of Hour Volume from Linear Regression Reserve Capacity Before Equation LOS D is Reached East H Street Westbound 11/19/02 1980 3300 67% 11/20/02 1920 3300 72% 12/03/02 1870 3300 76% 12/04/02 1920 3300 72% 12/05/02 1870 3300 76% 12/10/02 1880 3300 76% 02/04/03 2030 3300 63% 02/05/03 2030 3300 63% 02/06/03 2110 3300 56% Eastbound 11/19/02 2080 5590 169% 11/20/02 2180 5590 156% 12/03/02 2100 5590 166% 12/04/02 2150 5590 160% 12/05/02 2070 5590 170% 12/10/02 2120 5590 164% 02/04/03 2310 5590 142% 02/06/03 2310 5590 142% Telegraph Canyon Road Westbound 11/19/02 1980 2810 42% 11/20/02 1970 2810 43% 12/03/02 2060 2810 36% 12/04/02 2060 2810 36% 12/05/02 2060 2810 36% 02/04/03 2140 2810 31% - Controls 02/05/03 2130 2810 32% - Controls 02/06/03 2120 2810 33% - Controls Eastbound 11/19/02 2040 3820 87% 11/20/02 2050 3820 86% 12/04/02 2040 3820 87% 12/05/02 1970 3820 94% 12/10/02 2000 3820 91% 02/04/03 2130 3820 79% 02/05103 2190 3820 7 z~O/o 02/06/03 2160 3820 77% A segment and direction was determined to be the controlling roadway based on the least percent of reserve capacity as show~ by the percentage. Westbound travel on Telegraph Canyon Road was determined tb be the constrained segment or segment that "controls' beca use the reserve capacity was the lowest (31 °/,,--33%) as ' compared to all other segments listed. A higher percentage means that more traffic could be added before capacity is reached. /-7¢70 .stem Tea,to.es Oapac,ty*na,ys,s City of Chula Vista - 8 - 3-02-1244 FUTURE TRAFFIC VOLUME AND DWELLING UNITS The remaining capacity on the constrained segment of Telegraph Canyon Road in the westbound direction was used to determine the number of new dwelling units that could be added. This process included the following steps: 1) A 10% increase in overall westbound Telegraph Canyon Road traffic was assumed in the future due to increases in non-residential traffic. This non- residential traffic includes background, passer-by, and other traffic using Telegraph Can,,on Road. 2) A key assumption concerns the percentage of future eastern territory residents who will utilize Telegraph Canyon Road for their AM westbound peak period commute. Several factors were considered in order to estimate this percentage. First, there are generally four main routes to 1-805, Bonita Road, East H Street, Telegraph Canyon Road and Olympic Parkway. It is expected that due to a greater portion of future homes being in the southern areas of the eastern territories, that there will be more traffic using the more southern roadways. Second, a portion of AM peak hour trips will remain within the immediate area of the residences or utilize other minor arterials. Third, a recent survey (before Olympic Parkway was opened to Hunte Parkway) conducted by SANDAG and the City of Chula Vista (Godre Research/ESTC, February 2002) indicated that approximately 80% of eastern Chula Vista commuters use Telegraph Canyon Road, East H Street or Olympic Parkway. Overall, it is estimated that 25% of future westbound AM peak pedod trips will utilize Telegraph Canyon Road as shown on Figure 2. 3) 4) Future residential units were assumed to generate 9.3 ADT per home, with 8% of the traffic during the AM peak hour and a 70/30 outbound/inbound split. The trip generation rate of 9.3 trips perhousehold was based on the historic and recently permitted split between single- and multi-family homes in Chula Vista. Calculations are included in Appendix D. The TMP threshold was used as the trigger to determine the number of residential dwelling units that could be constructed and occupied. The TMP threshold based on the GMOC states that no more than two hours of Level of Service D is allowed. The next measurable increment of time in terms of potentially exceeding the TMP threshold is 30 minutes. Therefore, a two and a half hour time frame was utilized as the time threshold to determine the amount of additional dwelling units that would cause the TMP threshold to be exceeded. Table 6 shows that the TMP threshold of LOS D was exceeded on westbound Telegraph Canyon Road once 6,154 units are constructed (5,385 + 6,923 = 12,308 divided by 2 = 6,154). Since the baseline traffic counts were conducted in late 2002 and early'2003, the starting point for the additional dwelling unit count is January 1, 2003. ''~ ~ ~''~¢7 t Eastern Terdtori es TrafficCityCapacityof ChulaAnalySiSvista - 9 - 3-02-1244 ENGINEERS The calculated unit count does nor include units that could be gained if additional lanes were provided on East H Street and Telegraph Canyon Road. The benefit of providing these additional lanes was the subject of other traffic analyses, which are included in Appendix E. Ramp meters were assumed to not be installed at the 1-805 ramps. TABLE 6 NEW HOME CAPACITY ON WESTBOUND TELEGRAPH CANYON ROAD NUMBER OF PEAK HOUR VOLUMES DWELLING UNITS Cony. from Assignment Jan Hourly Non- Vehicles to to WB 2003 LOS Reserve Residential Directional Split Dwelling Telegraph Average D Capacity Use on Telegraph Units Only Multiplication Factor:. 10% 70% (6-10AM 8% of ADT) 1.9231 25% 30% (3-7PM 10% of ADT) 3.3333 50% (other 3% of AD'T) 6.6666 12:00-1:00 AM 120 2810 2690 2420 50% 16133 64533 1:00-2:00 AM 70 2810 2740 2470 50% 16467 65866 2:00-3;00 AM 60 2810 2750 2470 50% 16467 65666 3:00-4:00 AM 90 2810 2720 2450 50% 16333 65333 4:00-5:00 AM 280 2810 2530 2260 50% 15200 60799 5:00~6:00 AM 1010 2810 1800 1620 50% 10800 43200 6:00-7:00 AM 1810 2810 1000 900 70% 1731 6923 7:00-8:00 AM 2050 2810 760 680 70% 1308 5231 S:00-9.'00 AM 2030 2810 780 700 70% 1346 5385 9:00-10:00 AM 1670 2810 1140 1030 70% 1981 7923 10:00-11:00 AM 1490 2810 1320 1190 50% 7933 31733 11:00-12:00 PM 1540 2810 1270 1140 50% 7600 30400 t2:00-1:00 PM 1540 2810 1270 1140 50% 7600 30400 1:00-2:00 PM 1500 2810 1310 1180 50% 7867 31466 2:00-3:00 PM 1630 2810 1180 1060 50% 7067 28266 3:00.4:00 PM 1930 2810 880 790 30% 2633 10533 4:00-5:00 PM 1650 '2810 1160 1040 30% 3467 13867 :5:00-6:00 PM 1650 2810 1160 1040 30% 3467 13867 6:00-7:00 PM 1370 2810 1440 1300 30% 4333 17333 7:00-8:00 PM 1050 2810 1760 1580 50% 10533 42133 6:00-9:00 PM 960 2810 1850 1660 50% 11067 44266 9:00~10:00 PM 840 2810 1970 1770 50% 11800 47200 10:00-11:00 PM 480 2810 2330 2100 50% 14000 55999 11:00-12:00 PM 300 2810 2510 2260 . __- 50% 15067 60266 TMP Threshold (based on 30 minute increment past the 2-hour threshold): 1st Hour of LOS D (7:00-8:00 AM) 5,231 Dwelling Units 2"d Hour of LOS D (8:00-9:00 AM) 5,385 Dwelling Units 2 ¼ Hours efLOS D (Average of 2"~ Hour and 34 Hour) 6,154 Dwelling Units 3~a Hour of LOS D (6:00-7:00 PM) 6,923 Dwelling Units Notes: Example calculation for conversion of volume to house; 100 hom~s x 9.3 ADT = 930 ADT => 74 Pk Hr AM peak for 2-way (8% of ADT) => 52 Pk Hr 1-way (74 x 0.7 from 70/30 split) ~> rate of vehicles per dwelling units => 100/52 = 1.9231 vehicles/dwelling unit. Example calculation for conversion from vehicles to dwelling unite: 1,731 dwelling units x 9.3 ADT = 16~098 ADT x 9% = 1,268 AM peak hour x 70% = 900 peak hour vehicle trips. Example calculation for assignment to WB Telegraph: 6,923 dwelling units x 25% = 1,731 dwelling un[ts. Eastern Territories Traffic Capacity Analysis City of Chula Vista 3-02-124z~ ENGINEERS CONCLUSIONS With a starting date of January 1, 2003, it is predicted that about 6,150 residential dwelling units could be constructed and occupied before the TMP threshold would be exceeded. This amount assumes no roadway improvements are constructed. LLG has conducted previous analyses under separate cover (see Appendix E) that estimated the amount of dwelling units, which could be constructed if specific roadway improvements were constructed. These past analyses indicated the following: 1) 600 additional units could be provided if an additional lane was provided on East H Street approaching 1-805, 2) 1,300 additional units could be constructed if an additional lane was provided on Telegraph Canyon Road approaching 1-805, and 3) 940 additional units could be bailt if the 1-805/Olympic Parkway Interchange improvements were constructed. In summary, a total of 8,990 residential dwelling units could be constructed as shown in Table 7'. A graphic display of the capacities along a time line are shown in Figure 3. TABLE 7 RESIDENTIAL DWELLING UNIT SUMMARY Capacity and Improvements 1 ) TMP Threshold Capacity 2) East H Street--Additional Lane 3) Telegraph Canyon Road--Additional Lane 4) Olympic Parkway--Interchange Improvements Estimated Completion Date Now June 2003 Dec 2003 Feb 2005 Total Additional Dwelling Units 6,150 residential dwelling units 600 residential dwelling units 1,300 residential dwelling units 940 residential dwe"ing units 8,990 residential dwelling units Eastern Territories Tra~c Capacity Analysis City of Chula Vista 3-02-1244 S±INA ~NrFI.~MC] 'qVLLN~aI$.~ /7-'ZTL Recording requested by: City of Chula Vista After recording return to: City Clerk's Office City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 This space for Recorder's use only AGREEMENT FOR MONITORING OF BUILDING PERMITS This Agreement for the Monitoring of Building Permits ("Agreement") is made as of this __ day of , 2003, by and between the CITY OF CHULA VISTA, a municipal corporation ("City"), and BELLA LAGO, LLC ("Developer") with reference to the following recitals: RECITALS 1. The Property. This Agreement concerns and affects certain real property located in Chula Vista, California, mom particularly described on Exhibit "A" attached hereto and incorporated herein ("Property"). 2. Project. The Property is a master planned community commonly known as "Bella Lago" ("Project"). The City Council approved a Precise Plan, Rezone, and Tentative Map 03-03, and certified Final Environmental Impact Report 02-05 for development of the Project (referred to herein collectively as "Entitlements") on April 8, 2003. 3. Mitigation Measures. The mitigation identified by the Project's EIR 02-05 and incorporated as Tentative Map Condition (No. 95 ), provides as follows: Prior to the construction of SR-125, the City shall stop issuing new building permits for Bella Lago when the City, in its sole discretion, determines either; a) Building permits for a total of 9429 dwelling traits have been issued for projects east of 1-805, or b) An alternative measure is selected by the City in accordance with the City of Chula Vista Growth Management Ordinance. The start date for counting the 9429 dwelling units is January 1, 2000. Notwithstanding the foregoing, the City may issue building permits if the City Council decides in its sole discretion that either; the circulation system has additional capacity without exceeding the GMOC traffic threshold standards based upon traffic studies approved by the City Engineer; other improvements are constructed which provide additional necessary capacity; or the City selects an alternative method of implementing the GMOC standards. 4. Municipal Authority. The City of Chula Vista, California, pursuant to Article XI of the California Constitution and the City Charter of the City of Chula Vista, may adopt and enforce all ordinances and regulations with respect to municipal affairs, including the authority to adopt and enfome general and specific plans, zoning and subdivision regulations, and other land use control measures to protect and promote the public health, safety and welfare of its citizens. 5. Growth Management Element. The Growth Management Element of the City's General Plan sets forth goals, policies and objectives which, among other things, ensure that the pace and pattern of residential development is coordinated with the provision for adequate public facilities and services. To this end, Growth Management Policy 4.2(e) calls for the use of threshold standards to define the minimum acceptable level of public facilities and service that maintains a quality environment while allowing development to continue and to monitor these facilities. 6. Growth Management Ordinance. The City of Chula Vista enacted the Growth Management Ordinance(Chapter 19.09 of the Chula Vista Municipal Code), (referred to herein as "Growth Management Ordinance") to ensure that public facilities, services and improvements meeting city standards exist or become available concurrent with the need created by new development and to prevent growth which has been planned for by the City to proceed unless adequate public facilities and improvements are provided in a phased and logical fashion as required by the General Plan. The Growth Management Ordinance establishes quality of life threshold for public facilities. 7. Traffic Study, The parties have reviewed the Traffic Study prepared by Linscott, Law and Greenspan dated April 10, 2003, (referred to herein as "Traffic Study" and a portion of which is attached as Exhibit "D") and based upon that study has determined that a certain number of building permits east of 1-805, may be issued without exceeding the City's current ability to provide public transportation facilities concurrent with residential growth which will not result in a reduction in level of service thresholds (as set forth in the Growth Management Ordinance) if certain transportation improvements have been constructed. 8. Alternative Measure. The parties have determined that residential development at the current rate will outpace the provision of needed transportation facilities, thereby posing a substantial risk to the public health and safety of the community, the City Council further determines and, developer concurs, that in compliance with the Property mitigation measure, an alternative measure is necessary pursuant to paragraph 3(b) above. This measure will protect the public health and safety, as shown on the Traffic Study by preventing the rate of development 2 from exceeding the ability to provide public facilities in an orderly and phased manner consistent with the intent and purpose of the measure, Growth Management Ordinance and Growth Management Element of the Progress Guide and General Plan. 9. Monitoring Program. To ensure the maintenance of the Chula Vista Quality of Life Threshold Standards, meet the mitigation requirements of development projects, and stabilize the rate of residential development within eastern Chula Vista, the City, Developer and other developers within eastern Chula Vista, determine it is necessary to undertake steps necessary to implement a program as set forth in this Agreement for monitoring of building permits in order to implement the Growth Management ordinance and the Project's Mitigation requirements ("Monitoring Program"). NOW, THEREFORE, the parties agrees as follows: A. Agreement Applicable to Subsequent Owners. 1. A~reement Bindin~ upon Successors. This Agreement shall be binding upon and inure to the benefit of the successors, assigns and interests of the parties as to any or all of the Property, as described on Exhibit "A", until released by the mutual consent of the parties. 2. Agreement Runs with the Land. The burden of the covenants contained in this Agreement ("Burden") benefit and burdens the Property, its successors and assigns and any successor in interest thereto as well as benefit the City. City is deemed the sole beneficiary of such covenants for and in its own right and for the purposes of protecting the interest of the community and the public in whose favor and for whose benefit of such covenants running with the land have been provided without regard to whether City has been, remained or are owners of any particular land or interests therein. If such covenants are breached, the City shall have the right to exercise all rights and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach to which it or any other beneficiaries of this Agreement and the covenants may be entitled. 3. Release to Individual Homeowners. Upon conveyance of a residential unit to an individual homeowner, such lot shall be released from the obligation under this Agreement and as against Developer's successor-in-interest to such lot. B. Building Permit Definition. The specific provisions of this Agreement shall apply to building permits for residential development. For purposes of this Agreement only, "building permits" means permits issued for the construction of new dwelling units requiring issuance of a building permit, but does not include the exceptions set forth in Paragraph E herein, and remodeling, additions, rehabilitation or other improvements to an existing structure, or rebuilding or replacement of an existing structure, provided such'activities do not result in an increase in dwelling units. 3 C. Duration. This Agreement shall commence upon the Effective Date of this Agreement and terminate on March 31, 2006. D. Projects Governed by the Monitoring Program: The Monitoring Program shall govern all phases of the development of the Property as depicted in the Entitlements, which are owned by the Developer and its successors in interests, which are subject to the numeric development threshold described in Paragraph 3 o f this Agreement. E. Projects Not Governed by the Monitoring Program. City and Developer agree that the following types of development projects shall not be subject to this Agreement: Affordable housing units which meet the criteria for affordable housing as set forth in the City's Housing Element of the General Plan and will be constructed pursuant to a fully executed City of Chula Vista Affordable Housing Agreement; and Development projects which are not subject to a numeric development threshold (building permit limitation) and have met their major infrastructure obligations as required by that project's entitlements and the Growth Management Ordinance, as such projects are more fully described on Exhibit "C"; and Model Homes constructed for the Project; provided however, the building permit for that model home shall count, against the Developer's total allocation of building permits within the year the final inspection for that model home allows occupancy. For purposes of this paragraph "model home" means a home used for the purpose of marketing similar homes within the Project during the time these homes are offered for sale to the public. Model homes are not permanently occupied and there is no transfer of ownership to an individual homebuyer, other than to a private investor. 4. Commercial and Industrial development and other nonresidential development. F. Permit Limitations. Developer understands and agrees that the total number of building permits for all phases of development of the Property are subject to the Monitoring Program. The total number of building permits to be issued by the City for the Projects listed on Exhibit "B" shall not exceed 6,630 building permits for the term of said Program. The annual distribution, commencing from April 1 to March 31 of each year for development projects subject to the Monitoring Program shall be as follows: ~ 4 17-280 Year Permits (April I to March 31) 4/1/03-3/31/04 2475 4/1/04-3/31/05 2375 4/1/05-3/31/06 1780 Total 6630 Developer agrees that its share of the building permits for each year of the Monitoring Program shall be in the amount set forth in Exhibit "B," which shall control the number of building permits that shall he issued by the City for the Property. Any building permits issued within the Property, whether obtained by Developer or its successors interest (e.g., its merchant builders) shall be counted against Developer's allocation shown on Exhibit "B." Developer agrees not to request building permits, which would exceed its allocation total for each of the years of the Monitoring Program. Developer shall be responsible for obtaining compliance with its allocation obligations as set forth in this Agreement from all applicable parties. Any building permits not issued from the total allocated in any given year will be added to the subsequent year's allocation. If two or more developers agree in writing to reassign permits amongst themselves, the City shall adjust the permit schedule and issue permits in accordance with the reassignment agreement(s) so long as the reassignments do not exceed the yearly allocation and the other terms of the Monitoring Program. G. Other Condition of Approval. Other than as specifically provided for in this Agreement, nothing herein shall be construed as relieving Developer from complying with the Project's other conditions of Entitlements and all City regulations, standards :.nd policies, including the City Growth Management Program, and related threshold standards shall apply to the Project. Furthermore, the total number of residential units for the Project remain unchanged, as set forth in the Entitlements. H. Completion of Roadway Improvements. Notwithstanding the foregoing, Developer understands and agrees that the number of building permits attributed to each of the improvements as shown on Exhibit "E", shall be available to be allocated under the terms of this Agreement upon the completion of such roadway improvements. For example, the completion of Olympic Parkway and other completed improvements (as described in the Traffic study) added 6, 150 building permits available to be issued by the City, beginning as of January 1, 2003. Other traffic enhancement improvements listed on Exhibit "E' provide caRacity for additional building permits in the amounts shown on Exhibit "E." If any of the roadway improvements are not completed by the dates shown, then the corresponding number of building permits attributed to said improvements shall be deducted by the City from the total number of building permits to be issued for the last twelve (12) months of the Monitoring Program. The amount deducted shall be prorated against all the developers' totals shown on Exhibit "B" on a proportionate basis. If the traffic improvement is later completed, the number of building permits attributed to said improvement shall be added back to the total available to be allocated based upon the same pro rata formula. For purposes of this paragraph the term "completion of improvements" shall mean when said improvements are open to the public for use. Nothing herein shall limit the City's ability to pursue other legal remedies available through other Agreements (i.e. Traffic Enhancement Agreement) with respect to the completion of the traffic enhancement improvements. I. Traffic Enhancement Agreement. Notwithstanding any provisions to the contrary herein, Developer acknowledges and agrees that upon execution of this Agreement by the City, the City has fully and completely satisfied City's obligations as set forth in Article 2 (Sections 2.1 through 2.3) of that certain Agreement for Financing and Construction of Roadway Improvements for Traffic Enhancements, approved by the City Council by Resolution 2002-376 ("Traffic Enhancement Agreement"). In particular, the City shall not be required to process nor present for City Council consideration any amendments to Developer's Project entitlements as described in paragraph 2.1(b) of said Traffic Enhancement Agreement. Notwithstanding the foregoing, all other terms, conditions, and obligations of the Traffic Enhancement Agreement shall remain in full force and effect. J. Growth Management Ordinance. Notwithstanding any provisions to the contrary herein, Developer acknowledges and agrees that nothing herein shall be construed as to restrict the City's ability to exercise its discretion as provided by the Growth Management Program, as may be amended from time to time. Developer and City agree that this Agreement is consistent with the Growth Management Element, Growth Management Ordinance, Development Agreement, Tentative Map Conditions and other provisions of the Entitlements. K. Indemnification. Provided the City is not in material breach of this Agreement, Developer and each of the property owners for which this Agreement is recorded against (jointly referred to in this paragraph as "Indemnitor") shall solely and jointly be responsible to defend, indemnify and hold harmless the City, its elected and appointed officers and employees, fi.om and against any claims, suits, actions or proceedings, judicial or administrative, for writs, orders, injunction or other relief, damages, liability, cost and expense (including without limitation attorneys' fees) arising from this Agreement and the City's actions in processing or issuing building permits, in accordance with this Agreement, the State Building Code and other laws and regulations as applicable, or in exercising any discretion related thereto. Indemnitor's indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents or employees in defending against such claims, whether the same proceed to judgment or not. Further, Indermfitor, at its own expense, shall upon written request by the City, defend any such suit or action brought against the City, its officers, agents or employees. Upon Lndemnitee exercising such option to tender a defense, lndemnitee shall reasonably cooperate in the defense of such action. At its sole discretion, the City may participate, at it~ own expense, in the defense of any such action, but such participation shall not relieve Indemnitor of any obligation imposed by this Agreement. If the City decides not to tender its defense to Indeumitor, City and Indemnitor each agree to reasonably cooperate with each other in the defense of such action. 6 Both parties to tiffs Agreement (lndemnitor and Indemnitee) shall have the right to initiate negotiations with a claimant in a proceedings described herein to end litigation by settlement. Each party has the duty to notify the other party of settlement negotiations at the earliest possible stage of initiation of said negotiations. Each party shall cooperate in good faith in said negotiations. Nothing herein shall obligate the City to grant or exercise its discretion on any matter which the City has a right to exercise such discretion, in order to implement the terms and conditions of a settlement agreement. L. City Authority to Issue Permits. Nothing herein shall be construed as limiting the City's authority to withhold final or interim inspection of units for which building permits may have been issued or the issuance of building permits or certificates of occupancy in accordance with the State Building Code, or other laws and regulations as applicable or if the required fees are not received by the City. M. General Provisions. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of California. Effective Date. The terms and conditions of this Agreement shall be effective as of the date this Agreement is approved by the City Council. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be original and all of which shall constitute one and the same document. Entire Agreement. This Agreement embodies the entire agreement and understanding between the parties regarding the subject matter hereof, and any and all prior or contemporaneous oral or written representations, agreements, Entitlements, understandings and/or statements regarding the same subject matter hereof, shall be of no force and effect. Recitals, Exhibits. Any recitals set forth above and any attached exhibits and diagrams are incorporated by reference into this Agreement. Authority of Signatories. Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions and/or actions or agreements have been taken so as to enable said signatory to enter into this Agreement on behalf of and to bind the real property owners for which this Agreement shall be recorded against. Modification. This Agreement may not be modified, terminated or rescinded, in whole or in part, except by written instrument duly executed and acknowledged by the parties hereto, their successors or assigns. 7 10. Preparation of Agreement. No inference, assumption or presumption shall be drawn from the fact that a party or its attorney prepared and/or drafted this Agreement. It shall be conclusively presumed that all parties participated equally in the preparation and/or drafting of this Agreement. Third Party Beneficiaries. Notwithstanding any other provision of this Agreement to the contrary nothing herein is intended to create any third party beneficiaries under this Agreement, and no person or entity other than City, and Developer and the permitted successors and assignee of each of them, shall be authorized to enforce the provisions of this Agreement. Developer Participation. Developer represents that it has participated in the establishment of the Monitoring Program, this Agreement and Exhibit "B" hereto. Developer agrees to the schedule provided within Exhibit "B" as it pertains to development of the Project and other projects within the Monitoring Program. [NEXT PAGE IS SIGNATURE PAGE] 8 04/11/2003 i5:47 858-259-8962 DR TIMOTHY WILSON PAGE SIGNATURE PAGE T° AGREEMENT FOR MONITORING OF BUILDING PERMITS IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first set froth above, CITY OF CHULA VISTA BELLA LAGO, LLC Steve Padilla, Mayor Attest: Susan Bigelow, City Clerk Approved as to form by: Arm Moore, City Attorney SEE ATTACHMENT FOR OFFICIAL NOTARIZATION J:\ATTORNEY~AGREE\Monltoring Building Permits BELLA LAGO CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ~proved to me on ~he basis of sa~sfacto~ evidence to be the person(y~_ whose name~ ~ subscribed to the wlth[n instrument and acknowledged to me t,.~hat(~Cey, executed the sams in ~s~r- authorized capacity(~,.), and that by (~1~.,~I~ signatureC~.on the instrument the person(~.), or [he entity upon behalf of which the person(~ acted, executed the instrument. WJTNESS my hand and official seal. OPTIONAL Though Ihe information ~low i$ nol required by Iau4 ~t m~y prow valuab)e to pe~ons relyi~ o~ b~e d~cur~en! and could preuenl Description of Attached Document Document Data: ,St ] 't', I o~ Numberof Pages .. Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name:. '-~'~ = ~.~.~, Individual Corporate Officer -- Title(s): Partnsr--L~ Limited f~ General Attorney-in-Fa~ Trustee Guardian or Conse~a[or Other: Signer Is Representing: Developer The Eastlake Company Brookfield Shea Otay, LLC McMillin Otay Ranch, LLC Otay Project LP McMillin Rolling Hills Ranch, LLC NNP-Trimark San Miguel Ranch, LLC Bella Lago Exhibit 'B' Project 4/01/03 to 4/01104 to 4/01/05 to 3/31/04 3/31/05 3/31/06 Eastlake III 620 834 507 Village 11 378 568 492 Village 6 278 307 109 Village 6 1008 299 35 Rolling Hills Ranch 120 153 330 San Miguel Ranch 71 154 227 Bella Lago 0 60 80 Total 2475 2375 1780 6630 E N G I N E t~ R S EXHIBIT ~ EASTERN TERRITORIES TRAFFIC CAPACITY ANALYSIS CHULA VISTA, CALIFORNIA April 10, 2.003 INTRODUCTION The following repot[ estimates the number of additional dwelling units that can be built in the eastern territories of Chula Vista, pre SR-125, before East H Street or Telegraph Canyon Road near 1-805 reach the City of Chula Vista's Traffic Monitoring Program (TMP) thresholds. Additionally, this report includes results from three other traffic studies that estimate the number of additional dwelling units that could be built due to other specific roadway improvements. A preliminary assessment of the study area indicated that either East H Street or Telegraph Canyon Road would be the first to have their Level of Service (LOS) exceed the allowable TMP thresholds. For this [eason and because East H Street and Telegraph Canyon Road act as the primary commuter routes, this study focused on these two arterials. The methodology to forecast the future traffic conditions is based on linear regression formulas, which use historical TMP speed and traffic volumes to forecast future travel speeds. This report is structured as follows: · Analysis Methodology · Existing Traffic Conditions · Future Traffic Conditions Prediction · Conclusions Figure 1 is a map showing the limits of the existing TMP analysis segments of East H Street and Telegraph Canyon Road. ANALYSIS METHODOLOGY In general terms, the following methodology was used to estimate the number of additional units (pre SR-125), which could be built in the eastern territories before City threshold standards would be exceeded on East H Street and Telegraph Canyon Road. 1) Traffic volume counts and speed surveys were conducted in November, December, and February on both Telegraph Canyon Road and East H Street (the most "constrained" roadways in the study area), in both the ffastbound and westbound directions. The counts were conducted after Olympic Parkway was extended eastward to Hunte Parkway and open to through traffic. 2) Four linear regression graphs were developed (eastbound Telegraph Canyon Road, westbound Telegraph Canyon Road, eastbound East H Street, westbound East H Street) based on the collected data. Eastern Territories Traffic Capacity Analysis City of Chula Vista 3-02-1244 bJ Z ENGINEERS 3) An equation was developed based on each graph relating speed to volume. 4) A table was developed relating volume to LOS, using Highway Capacity Manual Standards. 5) The amount of hourly traffic volume that could be added to Telegraph Canyon Road and East H Street was determined based on degradation in LOS until the TMP threshold was exceeded. 6) Residential and non-residential traffic was added to the most constrained segment of Telegraph Canyon Road and East H Street until the TMP threshold was exceeded. 7) This amount of traffic was correlated to a dwelling unit amount in the eastern territories. EXISTING CONDITIONS AVERAGE DALLY TRAFFIC VOLUMES Average Daily Traffic (ADT) volumes for East H Street, Telegraph Canyon Road and Olympic Parkway were obtained from machine counts collected in November 2002, December 2002 and February 2003. The ADT volume data are contained in Appendix A and are summarized in Table 1. SEGMENT TABLE 1 EXISTING ADT VOLUMES WEEKDAY AVERAGE ADT VOLUMES 11118102-11121/02 12/2-12/6, 12/9/02 213103-217103 East H Street West of Hidden Vista Drive Data not available Hidden Vista Drive and Terra Nova Drive 59,400 Del Ray Boulevard and Paseo Del Rey 52,900 Tierra Del Rey and Paseo Ranchero 47,350 Telegraph Canyon Road Halecrest Drive to Oleander Avenue 58,400 Paseo Del Rey to Oleander Avenue Data not available Paseo Del Rey to Medical Center Drive 52,550 Paseo Landera to Paseo Ranchero 42,800 Olympic Parkway Oleander Avenue to Brandywine 27,800 Brandywine to Heritage Road 20,150 Heritage Road to La Media Drive 13,700 Source: LLG Engineers Data notavailable 66,700 59,550 53,850 53,800 50,500 47,100 45,550 Data 59,550 60,950 notavailable 55,200 52,6OO 54,OOO 42,950 44,600 28,100 28,600 22,000 23,050 14,200 16,000 Eastern Territories Traffic Capacity Analysis City of Chula Vista 3-02-1244 ENGINEERS CHULA VISTA TRAFFIC MONITORING PROGRAM The Chula Vista TMP is used to assess the operating performance of the City's arterial street system in order to determine compliance with the Threshold Standards of the Growth Management Oversight Commission (GMOC). The threshold standards specify that LOS C or better, as measured by average travel speeds on the arterial, shall be maintained on all signalized artedal segments with an exception during peak hours where LOS D can occur for no more than any two hours of the day. Existing travel speeds along the study arterials were obtained from City of Chula Vista engineering staff, while ADT volumes during the same days were counted by Linscott, Law and Greenspan Engineers (LLG). The TMP data sheets are included in Appendix B. A summary of the TMP speeds, LOS, and associated hourly volumes are included in Table 2. -4- Eastern Territories Traffic Capacity Analysis City of Chula Vista 3-02-1244 ENGINEERS TABLE 2 SUMMARY OF EXISTING HOURLY VOLUMES AND SPEED DATA WITH OLYMPIC PARKWAY OPEN TO HUNTE PARKWAY 6-7AM DATE MPH LOS 11/19/02 45,5 A 11/20/02 39.4 A 12/03/02 31,6 B 12/04/02 38.6 A 12/05/02 34.1 B 12/10/02 35.3 A 02/04/03 33.8 B 02/05/03 36.2 A 02/06/03 32.0 B 3-4 PM DATE MPH LOS 11/19/02 38,6 A 11/20/02 28,4 B 12/03/02 33.8 B 12/04/02 30.7 B 12/05/02 28.5 B 12/10/02 30.9 B 02/04/03 31.4 B 02/06/03 36.0 A 6-7 AM DATE MPH LOS 11/19/02 41.4 A 11/20/02 36.9 A 12/03/02 33.1 B 12/04/02 38.9 A 12/05/02 35.9 A 02/04/03 30.0 B 02/05/03 41.9 A 02/06/03 33.9 B 3-4 PM DATE MPH LOS 11/19/02 38.6 A 11/20/02 30,9 B 12/04/02 31.6 B 12/05/02 29.5 B 12/10/02 33.3 B 02/04/03 31,1 B 02/05/03 30.4 B 02/06/03 30.0 B Source: East H Street Wes~ound 7-8 AM 8-9 AM VOL MPH LOS VOL MPH LOS VOL 1470 34 B 1870 33.3 B 1980 1410 33.1 B 1920 28.5 B 1910 1390 31.4 B 1870 26.7 C 1820 1390 30.8 B 1920 31.9 B 1850 1380 30.2 B 1870 29.8 B 1850 1360 32.3 B 1880 35.3 A 1870 1460 28.7 B 2030 27.8 C 2000 1520 26.3 C 2030 29.8 B 2020 1520 32,3 B 2080 31.2 B 2110 Eastbound 4-5 PM 5-6 PM VOL MPH LOS VOL MPH LOS VOL 1940 35.9 A 1990 32.9 B 2080 2010 30.4 B 1860 30.3 B 2180 1930 28.5 B 2070 33.5 B 2100 1930 31.7 B 2070 30.7 B 2150 1880 28,7 B 2060 30.8 B 2070 1890 37.9 A 2040 33.3 B 2120 2020 35.4 A 2150 30.5 B 2310 1950 32.5 B 2200 30.5 B 2310 Telegraph Canyon Road Westbound 7-8 AM 8-9 AM VOL MPH LOS VOL MPH LOS VOL 1800 33.5 B 1970 32.4 B 1980 1790 32.4 B 1970 28.8 B 1970 1800 34.3 B 2060 28.5 B 2020 1780 35.6 A 2060 33.3 B 2030 1790 35.4 A 2060 29.1 B 2040 1870 33.6 B 2140 30.9 B 2090 1850 32.8 B 2130 33.9 B 2040 1870 26.6 C 2120 24.7 C 2090 Eastbound ' 4-5 PM 5-6 PM VOL MPH LOS VOL MPH LOS VOL 1700 38,0 A 1960 37.9 A 2040 1780 30.7 B 1820 30.7 B 2050 1870 33.8 B 1910 35.2 A 2040 1850 27.4 C 1860 28.3 B 1970 1770 31.1 B 1850 26.6 C 2000 1770 31.4 B 1940 29.8 B 2130 1910 33.1 B 1900 2-7.3 C 2190 1800 28.0 B 1980 27.3 C 2160 City of Chula Vista for speeds, LLG for houdy volumes, which are shown in vehicles per hour (i.e. MPH - Miles/Hour; LOS - Level of Service; VOL - Houdy Volume which are shown in MPH (i.e. 38.6) 1940) -5- Eastern Territories Traffic Capacib/Analysis City of Chula Vista 3-02-1244 ENGINEERS FUTURE TRAFFIC CONDITIONS PREDICTION The future roadway capacity was estimated by calculating linear regression equations for each of the study arterials from the historical TMP and volume data in Table 2. From the linear regression equations, look-up tables with hourly volumes were calculated for LOS A through E. Each of the study arterials were evaluated to determine which roadway and direction of travel would be the "constraint" in the street system that would be the first arterial to have its capacity exceeded. Traffic was added to the "constrained" arterial until the TMP threshold of LOS D was reached. And finally, the added traffic was translated into a total number of new dwelling units. LINEAR REGRESSION EQUATIONS A linear regression equation is used to describe the dependence of one variable on another. For example, as the traffic volume increases on Telegraph Canyon Road, the average travel speed and LOS will decrease. The linear regression equations by direction for each arterial were calculated using the historical TMP speed and associated hourly volumes listed in Table 2. The equations are shown in Table 3 and the linear regression plots are included in Appendix C. TABLE 3 LINEAR REGRESSION EQUATIONS BY ARTERIAL Arterial, Direction and Peak Period Linear Regression Equation East H Street - Westbound in the AM MPH = 50.7 - 0.0102 x Volume East H Street - Eastbound in the PM MPH = 41.3 - 0.00435 x Volume Telegraph Canyon Road - Westbound in the AM MPH = 72.3 - 0.0197 x Volume Telegraph Canyon Road - Eastbound in the PM MPH = 45.9 - 0.00756 x Volume LOOK-UP TABLE From the linear regression equations, a LOS I6Ok-up table by hourly volume was created by plugging in the MPH to determine the associated volume. The hourly volumes LOS thresholds for each scenario are shown in Table 4. -6- / Eastern Territories Traffic Capacity Analysis City of Chula Vista 3-02-1244 ENGINEERS TABLE 4 LOS LOOKUP TABLE BY HOURLY VOLUME LOS A B C D E MPH >_35 _> 28 :>22 _> 17 < 13 East H Street - WB in the AM 1,540 2,230 2,810 3,300 3,700 East H Street- EB in the PM 1,450 3,060 4,440 5,590 6,510 Telegraph Canyon Rd -WB in the AM 1,890 2,250 2,550 2,810 3,010 Telegraph Canyon Rd - EB in the PM 1,440 2,370 3,160 3,820 4,350 Source: LLG Engineers. Example calcula§on: LOS A for East H WB volume using MPH = 50.7 - 0 0102"Volume becomes 35 = 50.7 - 0.0102*Volume => -15.7 = -0.0102*Volume => Volume = 1,539 => rounded to 1,540. CONSTRAINED SEGMENT Using the collected data, each segment was analyzed to determine which would reach the TMP threshold first. As shown in Table 5, westbound Telegraph Canyon Road was calculated to reach capacity first and therefore is considered to be the constrained segment. Telegraph Canyon Road is considered to be the constrained segment because it has the least amount of reserve capacity. Fewer vehicles can be added to Telegraph Canyon Road before it reaches capacity as compared to East H Street. Additionally, other factors that limit the capacity of Telegraph Canyon Road include friction from multiple driveways and detays from many traffic signals. -7- Eastern Territories Tra~c Capacity Anatysis City of Chula Vista 3-02-1244 ENGINEERS Date 11/19/02 11/20/02 12/03/02 12/04/02 12/05/02 12/10/02 02/04/03 O2/05/03 02/06/03 11/19/02 11/20/02 12/03/02 12/04/02 12/05/02 12/10/02 02/04/03 02/06/03 11/19/02 11/20/02 12/03/02 12/04/02 12/05/02 O2/04/03 02/05/03 02/06/03 11/19/02 11/20/02 12/04/02 12/05/02 12/10/02 02/04/03 02/05/03 02/06/03 TABLE 5 CONSTRAINED SEGMENT ANALYSIS Highest Peak Volume at LOS D Percentage of Hour Volume from Linear Regression Reserve Capacity Before Equation LOS D is Reached East H Street Westbound 1980 3300 67% 1920 3300 72% 1870 3300 76% 1920 3300 72% 1870 3300 76% 1880 3300 76% 2030 3300 63% 2030 3300 63% 2110 3300 56% Eastbound 2080 5590 169% 2180 5590 156% 2100 5590 166% 2150 5590 160% 2070 5590 170% 2120 5590 164% 2310 5590 142% 2310 5590 142% Telegraph Canyon Road Westbound 1980 2810 42% 1970 2810 43% 2060 2810 36% 2060 2810 36% 2060 2810 36% 2140 2810 31% - Controls 2130 2810 32% - Controls 2120 2810 33% - Controls Eastbound 2040 3820 87% 2050 3820 86% 2040 3820 87% 1970 3820 94% 2000 3820 91% 2130 3820 79% 2190 3820 ~ 74% 2160 3820 77% A segment and direction was determined to be the controlJing roadway based on the least percent of reserve capacity as shown by the percentage. Westbound travel on Telegraph Canyon Road was determined to be the constrained segment or segment that "controls" because the reserve capacity was the lowest (31%-33%) as compared to all other segments listed. A higher percentage means that more traffic could be added before capacity is reached. Eastern Territories Traffic Capacity Analysis City of Chula Vista -8- 3-02-1244 ~ N G I N E E R S FUTURE TRAFFIC VOLUME AND DWELLING UNITS The remaining capacity on the constrained segment of Telegraph Canyon Road in the westbound direction was used to determine the number of new dwelling units that could be added. This process included the following steps: 1) A 10% increase in overall westbound Telegraph Canyon Road traffic was assumed in the future due to increases in non-residential traffic. This non- residential traffic includes background, passer-by, and other traffic using Telegraph Can~con Road. 2) A key assumption concerns the percentage of future eastern territory residents who will utilize Telegraph Canyon Road for their AM westbound peak period commute. Several factors were considered in order to estimate this percentage. First, there are generally four main routes to 1-805, Bonita Road, East H Street, Telegraph Canyon Road and Olympic Parkway. It is expected that due to a greater portion of future homes being in the southern areas of the eastern territories, that there will be more traffic using the more southern roadways. Second, a portion of AM peak hour trips will remain within the immediate area of the residences or utilize other minor arterials. Third, a recent survey (before Olympic Parkway was opened to Hunte Parkway) conducted by SANDAG and the City of Chula Vista (Godre Research/ESTC, February 2002) indicated that approximately 80% of eastern Chula Vista commuters use Telegraph Canyon Road, East H Street or Olympic Parkway. Overall, it is estimated that 25% of future westbound AM peak period trips will utilize Telegraph Canyon Road as shown on Figure 2. 3) 4) Future residential units were assumed to generate 9.3 ADT per home, with 8% of the traffic during the AM peak hour and a 70/30 outbound/inbound split. The trip generation rate of 9.3 trips per household was based on the historic and recently permitted split between single- and multi-.family homes in Chula Vista. Calculations are included in Appendix D. The TMP threshold was used as the trigger to determine the number of residential dwelling units that could be constructed and occupied. The TMP threshold based on the GMOC states that no more than two hours of Level of Service D is allowed. The next measurable increment of time in terms of potentially exceeding the TMP threshold is 30 minutes. Therefore, a two and a half hour time frame was utilized as the time threshold to determine the amount of additional dwelling units that would cause the TMP threshold to be exceeded. Table 6 shows that the TMP threshold of LOS D was exceeded on westbound Telegraph Canyon Road once 6,154 units are constructed (5,385 + 6,923 = 12,308 divided by 2 = 6,154). Since the baseline traffic counts were conducted in late 2002 and early 2003, the starting point for the additional dwelling unit count is January 1, 2003. -9- Eastern Territories Traffic Capacity Analysis City of Chula Vista 3-02-1244 mai ENGINEERS The calculated unit count does not include units that could be gained if additional lanes were provided on East H Street and Telegraph Canyon Road. The benefit of providing these additional lanes was the subject of other traffic analyses, which are included in Appendix E. Ramp meters were assumed to not be installed at the 1-805 ramps. TABLE 6 NEW HOME CAPACITY ON WESTBOUND TELEGRAPH CANYON ROAD NUMBER OF PEAK HOUR VOLUMES DWELLING UNITS Cony. from Assignment Jan Hourly Non- Vehicles to to WB 2003 LOS Reserve Residential Directional Split Dwelling Telegraph Average D Capacity Use on Telegraph Units Only Multiplication Factoc 10% 70% (6-10AM 8% of ADT) 1.9231 25% 30% (3-TPM 10% of ADT) 3.3333 50% (other 3% of ADT) 6.6666 12:00-1:00 AM 120 2810 2690 2420 50% 16133 64533 1:00-2:00 AM 70 2810 2740 2470 50% 16467 65866 2:00-3:00 AM 60 2810 2750 2470 50% 16467 65866 3:00-4:00 AM 90 2810 2720 2450 50% 16333 65333 4:00-5:00 AM 280 2810 2530 2280 50% 15200 60799 5:00-6:00 AM 1010 2810 1800 1620 50% 10800 43200 6:00-7:00 AM 1810 2810 1000 900 70% 1731 6923 7:00-8:00 AM 2050 2810 760 680 70% 1308 5231 8:00-9:00 AM 2030 2810 780 700 70% 1346 5385 9:00-10:00 AM 1670 2810 1140 1030 70% 1981 7923 10:00-11:00 AM 1490 2810 1320 1190 50% 7933 31733 11:00-12:00 PM 1540 2810 1270 1140 50% 7600 30400 12:00-1:00 PM 1540 2810 1270 1140 50% 7600 30400 1:00-2:00 PM 1500 2810 1310 1180 50% 7867 31466 2:00-3:00 PM 1630 2810 1180 1060 50% 7067 28266 3:00-4:00 PM 1930 2810 880 790 30% 2633 10533 4:00-5:00 PM 1650 2810 1160 1040 30% 3467 13867 5:00-6:00 PM 1650 2810 1160 1040 30% 3467 13867 6:00-7:00 PM 1370 2810 1440 1300 30% 4333 17333 7:00-8:00 PM 1050 2810 1760 1580 50% 10533 42133 8:00-9:00 PM 960 2810 1850 1660 50% 11067 44266 9:00-10:00 PM 840 2810 1970 1770 50% 11800 47200 10:00-11:00 PM 480 2810 2330 2100 50% 14000 55999 11:00-12:00 PM 300 2810 2510 2260 . ... 50% 15067 60266 TMP Threshold (based on 30 minute increment past the 2-hour threshold): Is~ Hour of LQS D (7:00-8:00 AM) 2~ Hour of LOS D (6:00-9:00 AM) 2 ¼ Hours of LOS D (Average of 2"d Hour and 3~d Hour) 3~d Hour of LOS D (6:00-7:00 PM) 5,231 Dwelling Units 5,385 Dwelling Units 6,154 Dwelling Units 6,923 Dwelling Units Examp e ca culation for convers on of volume to house 100 homes x 9.3 ADT = 930 ADT => 74 Pk Hr AM peak for 2-way (8% of ADT) => 52 Pk Hr 1-way (74 x 0.7 from 70/30 sp [ ) => rate of veh~c es per dwe ~ng dints => 100/52 = 1.9231 veh cles/dwell ng un t. Example calculation for conversion from vehicles to dwelling units: 1,731 dwelling uni? x 9.3 ADT = 16,098 ADT x 8% = 1,288 AM peak hour x 70% = 900 peak hour vehicle trips. Example calculation for assignment to WB Telegraph: 6,923 dwelling units x 25% = 1,731 dwelling units. Eastern Territories Traf~c Capacity Analysis City of Chula Vista 3-02-1244 ENGINEERS CONCLUSIONS With a starting date of January 1, 2003, it is predicted that about 6,150 residential dwelling units could be constructed and occupied before the TMP threshold would be exceeded. This amount assumes no roadway improvements are constructed. LLG has conducted previous analyses under separate cover (see Appendix E) that estimated the amount of dwelling units, which could be constructed if specific roadway improvements were constructed. These past analyses indicated the following: 1) 600 additional units could be provided if an additional lane was provided on East H Street approaching 1-805, 2) 1,300 additional units could be constructed if an additional lane was provided on Telegraph Canyon Road approaching 1-805, and 3) 940 additional units could be built if the 1-805/Olympic Parkway Interchange improvements were constructed. In summary, a total of 8,990 residential dwelling units could be constructed as shown in Table 7. A graphic display of the capacities along a time line are shown in Figure 3. TABLE 7 RESIDENTIAL DWELLING UNIT SUMMARY Capacity Estimated and Completion Improvements Date 1 ) TMP Threshold Capacity Now 2) East H Street--Additional Lane June 2003 3) Telegraph Canyon Road--Additional Lane Dec 2003 4) Olympic Parkway--Interchange Improvements Feb 2005 Total Additional Dwelling Units 6,150 residential dwelling units 600 residential dwelling unfts 1,300 residential dwelling units 940 residential dwelllng units 8,990 residential dwelling units /'7..-RD I Eastern Territories Traffic Capacity Analysis City of Chula Vista 3-02-1244 $..LINrl 9Nr1-1':!MC] -I¥1.LN'~als'~ Xf.em -iI= /7 A7rAUfMG: JJT I. ß. LINSCOTT LAW & GREENSPAN ENGINEERS EASTERN TERRITORIES TRAFFIC CAPACITY ANALYSIS City Of Chula Vista, California April 10, 2003 Prepared for: City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 LINSCOTT LAW & GREENSPAN ENGINEERS 1565 Hotel Circle South, Suite 310 San Diego, CA 92108 (619) 299-3090 JB/JR 3-02-1244 LINSCOTT LAW & GREENSPAN ENGINEERS TABLE OF CONTENTS DESCRIPTION PAGE INTRODUCTION....................................................... .............................................................. 1 ANALYSIS METHODOLOGY ................................................................................................ 1 EXISTING CONDITIONS .................... ..................... ..................... .......................................... 3 Average Daily Traffic Volumes ......................................................................................... 3 Chula Vista Traffic Monitoring Program ............................................................................. 3 FUTURE TRAFFIC CONDITIONS PREDICTION .................................................................. 6 Linear Regression Equations ............................................................................................ 6 Look-Up Table............. ...................................................................................................... 6 Constrained Segment........................................................................................................ 7 Future Traffic Volume and Dwelling Units ......................................................................... 9 CONCLUSiONS..................................... ................................................................................. 12 LIST OF FIGURES DESCRIPTION PAGE 1. TMP Study Limits .............................................................................................................. 2 2. Distribution Split on Major Arterials.................................................................................... 10 3. Residential Building Permits vs. Capacity Over Time........................................................ 13 LIST OF TABLES DESCRIPTION PAGE 1) Existing ADT Volumes................................ ............................ ..... ....... ............................... 3 2. Summary of Existing Houriy Volumes and Speed Data .................................................... 5 3. Linear Regression Equations-by Arteriai ......................................................................... 6 4. LOS Lookup Table by Hourly Voiume........................................................................... 7 5. Constrained Segment Analysis ............................................................................... 8 6. New Home Capacity on Westbound Telegraph Canyon Road................................ 10 7. Residential Dwelling Unit Summary ........................................................................ 12 Eastern Territories Traffic Capacity Analysis City of Chula Vista 3-02-1244 LINSCOTT LAW & GREENSPAN ENGINEERS APPENDICES A. AOT Volumes B. Traffic Monitoring Program Data C. Linear Regression Plots D. Trip Generation Calculation E. Chula Vista Capacity Enhancements Eastern Territories Traffic Capacity Analysis City of Chula Vista 3-02-1244 LINSCOTT LAW & GREENSPAN ENGINEERS EASTERN TERRITORIES TRAFFIC CAPACITY ANALYSIS CHULA VISTA, CALIFORNIA April 10, 2003 INTRODUCTION The following report estimates the number of additional dwelling units that can be built in the eastern territories of Chula Vista, pre SR-125, before East H Street or Telegraph Canyon Road near 1-805 reach the City of Chula Vista's Traffic Monitoring Program (TM P) thresholds. Additionally, this report includes results from three other traffic studies that estimate the number of additional dwelling units that could be built due to other specific roadway improvements. A preliminary assessment of the study area indicated that either East H Street or Telegraph Canyon Road would be the first to have their Level of Service (LOS) exceed the allowable TMP thresholds. For this reason and because East H Street and Telegraph Canyon Road act as the primary commuter routes, this study focused on these two arterials. The methodology to forecast the future traffic conditions is based on linear regression formulas, which use historical TMP speed and traffic volumes to forecast future travel speeds. This report is structured as follows: · Analysis Methodology · Existing Traffic Conditions · Future Traffic Conditions Prediction · Conclusions Figure 1 is a map showing the limits of the existing TMP analysis segments of East H Street and Telegraph Canyon Road. ANALYSIS METHODOLOGY In general terms, the following methodology was used to estimate the number of additional units (pre SR-125), which could be built in the eastern territories before City threshold standards would be exceeded on East H Street and Telegraph Canyon Road. 1) Traffic volume counts and speed surveys were conducted in November, December, and February on both Telegraph Canyon Road and East H Street (the most "constrained" roadways in the study area), in both the eastbound and westbound directions. The counts were conducted after Olympic Parkway was extended eastward to Hunte Parkway and open to through traffic. 2) Four linear regression graphs were developed (eastbound Telegraph Canyon Road, westbound Telegraph Canyon Road, eastbound East H Street, westbound East H Street) based on the collected data. Eastern Territories Traffic Capacity Analysis City of Chula Vista 3-02-1244 "'''' ~ ~ 12'" ~~ (/) gl;¡ ¡¡¡ "'~ ::::E ~ "-;;' Q) ::¡ > IJ 0 ~ c:: z L- 0 ~ :;¡ :J IJ 0 ç ;::: U ~ E .3 0) u ~'" :.J ~ gj'" .... e- O) c:: u... ;¡ a.. ::> a. z 3AV 3N'iÏ :::; 0 ~ ¡ji I- U U ¡¡: ?'/.;¡¡< Ö ~ z I w <.:> . (/) W W ...J a:: ~ æ a:: ~ z a:: O~ w ~ VI03Y-1 Vl ~ ;> '" I" () 0 "'''' "-'" ~ ~ 'á \ñ ~ " ~ "- ~ '::; o uJ 'i ~uJ ~~ 1"1 ~~ o c ~~ '" ¡:¡ ø a: ::J Z I- <r: I- 0- o IJ) U~Z IJ);:::W Z<r:~ ........Û LINSCOTT LAW & GREENSPAN ENGINEERS 3) An equation was developed based on each graph relating speed to volume. 4) A table was developed relating volume to LOS, using Highway Capacity Manual Standards. 5) The amount of hourly traffic volume that could be added to Telegraph Canyon Road and East H Street was determined based on degradation in LOS until the TMP threshold was exceeded. 6) Residential and non-residential traffic was added to the most constrained segment of Telegraph Canyon Road and East H Street until the TMP threshold was exceeded. 7) This amount of traffic was correlated to a dwelling unit amount in the eastern territories. EXISTING CONDITIONS AVERAGE DAILY TRAFFIC VOLUMES Average Daily Traffic (ADT) volumes for East H Street, Telegraph Canyon Road and Olympic Parkway were obtained from machine counts collected in November 2002, December 2002 and February 2003. The ADT volume data are contained in Appendix A and are summarized in Table 1. WEEKDAY AVERAGE ADT VOLUMES SEGMENT 11/18/02-11/21/02 12/2-12/6,12/9/02 2/3/03-2/7/03 East H Street West of Hidden Vista Drive Data not available Data not available 66,700 Hidden Vista Drive and Terra Nova Drive 59,400 59,550 53,850 Del Ray Boulevard and Paseo Del Rey 52,900 53,800 50,500 Tierra Del Rev and Paseo Ranchero 47,350 47,100 45,550 :;:c elegraph Canyon Road Halecrest Drive to Oleander Avenue 58,400 59,550 60.950 Paseo Del Rey to Oleander Avenue Data not available Data not available 55,200 Pas eo Del Rey to Medical Center Drive 52,550 52,600 54,000 Pas eo Landera to Pas eo Ranchero 42,800 42.950 44,600 Olympic Parkway . Oleander Avenue to Brandywine 27.800 28,100 28,600 Brandywine to Heritage Road 20,150 22,000 23.050 Heritage Road to La Media Drive 13.700 14,200 16.000 TABLE 1 EXISTING ADT VOLUMES Source: LLG Engineers -3- Eastern Territories Traffic Capacity Analysis City of Chula Vista 3-02-1244 LINSCOTT LAW & GREENSPAN E N G J NEE R 5 CHULA VISTA TRAFFI.C MONITORING PROGRAM The Chula Vista TMP is used to assess the operating performance of the City's arterial street system in order to determine compliance with the Threshold Standards of the Grow1h Management Oversight Commission (GMOC). The threshold standards specify that LOS C or better, as measured by average travel speeds on the arterial, shall be maintained on all signalized arterial segments with an exception during peak hours where LOS D can occur for no more than any two hours of the day. Existing travel speeds along the study arterials were obtained from City of Chula Vista engineering staff, while ADT volumes during the same days were counted by Linscott, Law and Greenspan Engineers (LLG). The TMP data sheets are included in Appendix B. A summary of the TMP speeds, LOS, and associated hourly volumes are included in Table 2. -4- Eastern Territories Traffic Capacity Analysis City of Chu!a Vista 3-02-1244 - -_._~.,-~----~.~ LINSCOTT LAW & GREENSPAN E N GIN E E R 5 TABLE 2 SUMMARY OF EXISTING HOURLY VOLUMES AND SPEED DATA WITH OLYMPIC PARKWAY OPEN TO HUNTE PARKWAY East H Street Westbound 6-7 AM 7-8 AM 8-9 AM DATE MPH LOS VOL MPH LOS VOL MPH LOS VOL 11/19/02 45.5 A 1470 34 B 1870 33.3 B 1980 11/20/02 39.4 A 1410 33.1 B 1920 28.5 B 1910 12/03/02 31.6 B 1390 31.4 B 1870 26.7 C 1820 12/04/02 38.6 A 1390 30.8 B 1920 31.9 B 1850 12/05/02 34.1 B 1380 30.2 B 1870 29.8 B 1850 12/10/02 35.3 A 1360 32.3 B 1880 35.3 A 1870 02/04/03 33.8 B 1460 28.7 B 2030 27.8 C 2000 02/05/03 36.2 A 1520 26.3 C 2030 29.8 B 2020 02/06/03 32.0 B 1520 32.3 B 2080 31.2 B 2110 Eastbound 3-4 PM 4-5 PM 5-6 PM DATE MPH LOS VOL MPH LOS VOL MPH LOS VOL 11/19/02 38.6 A 1940 35.9 A 1990 32.9 B 2080 11/20/02 28.4 B 2010 30.4 B 1860 30.3 B 2180 12/03/02 33.8 B 1930 28.5 B 2070 33.5 B 2100 12104/02 30.7 B 1930 31.7 B 2070 30.7 B 2150 12/05/02 28.5 B 1880 28.7 B 2060 30.8 B 2070 12/10/02 30.9 B 1890 37.9 A 2040 33.3 B 2120 02/04/03 31.4 B 2020 35.4 A 2150 30.5 B 2310 02/06/03 36.0 A 1950 32.5 B 2200 30.5 B 2310 TelegraDh Canyon Road Westbound 6-7 AM 7-8 AM 8-9 AM DATE MPH LOS VOL MPH LOS VOL MPH LOS VOL 11/19/02 41.4 A 1800 33.5 B 1970 32.4 B 1980 11/20102 36.9 A 1790 32.4 B 1970 28.8 B 1970 12/03/02 33.1 B 1800 34.3 B 2060 28.5 B 2020 12/04/02 38.9 A 1780 35.6 A 2060 33.3 B 2030 12105/02 35.9 A 1790 35.4 A 2060 29.1 B 2040 02/04/03 30.0 B 1870 33.6 B 2140 30.9 B 2090 02/05103 41.9 A 1850 32.8 B 2130 33.9 B 2040 02/06/03 33.9 B 1870 26.6 C 2120 24.7 C 2090 Eastbound 3-4 PM 4-5 PM 5-6 PM DATE MPH LOS VOL MPH LOS VOL MPH LOS VOL 11/19/02 38.6 A 1700 38.0 A 1960 37.9 A 2040 11/20/02 30.9 B 1780 30.7 B 1820 30.7 B 2050 12104/02 31.6 B 1870 33.8 B 1910 35.2 A 2040 12/05/02 29.5 B 1850 27.4 C 1860 28.3 B 1970 12/10/02 33.3 B 1770 31.1 B 1850 26.6 C 2000 02/04/03 31.1 B 1770 31.4 B 1940 29.8 B 2130 02/05/03 30.4 B 1910 33.1 B 1900 27.3 C 2190 02/06/03 30.0 B 1800 28.0 B 1980 27.3 C 2160 Source: City of Chu!a Vista for speeds, which are shown in MPH (Le. 38.6) LLG for hourly volumes, which are shown in vehicles per hour (i.e. 1940) MPH . Miles/Hour; LOS - Level of Service; VOL - Hourly Volume -5- Eastern Territories Traffic Capacity Analysis City of Chula Vista 3-02-1244 LINSCOTT LAW & GREENSPAN ENGINEERS FUTURE TRAFFIC CONDITIONS PREDICTION The future roadway capacity was estimated by calculating linear regression equations for each of the study arterials from the historical TMP and volume data in Table 2. From the linear regression equations, look-up tables with hourly volumes were calculated for LOS A through E. Each of the study arterials were evaluated to determine which roadway and direction of travel would be the "constraint" in the street system that would be the first arterial to have its capacity exceeded. Traffic was added to the "constrained" arterial until the TMP threshold of LOS D was reached. And finally, the added traffic was translated into a total number of new dwelling units. LINEAR REGRESSION EQUATIONS A linear regression equation is used to describe the dependence of one variable on another. For example, as the traffic volume increases on Telegraph Canyon Road, the average travel speed and LOS will decrease. The linear regression equations by direction for each arterial were calculated using the historical TMP speed and associated hourly volumes listed in Table 2. The equations are shown in Table 3 and the linear regression plots are included in Appendix C. Arterial, Direction and Peak Period Linear Regression Equation East H Street - Westbound in the AM MPH = 50.7 - 0.01 02 x Volume East H Street - Eastbound in the PM MPH 41.3 - 0.00435 x Volume Telearãõii Canvon Road - Westbound in the AM MPH = 72.3 - 0.0197 x Volume Telenranh Canvon Road - Eastbound in the PM MPH - 45.9 - 0.00756 x Volume TABLE 3 LINEAR REGRESSION EQUATIONS BY ARTERIAL LOOK-UP TABLE From the linear regression equations, a LOS look-up table by hourly volume was created by plugging in the MPH to determine the associated volume. The hourly volumes LOS thresholds for each scenario are shown in Table 4. -6- Eastern Territories Traffic Capacity Analysis City of Chufa Vista 3-02-1244 LINSCOTT LAW & GREENSPAN ENGINEERS LOS A B C D E MPH > 35 > 28 > 22 >17 <13 East H Street - WB in the AM 1,540 2,230 2,810 3,300 3,700 East H Street - EB in the PM 1,450 3,060 4,440 5,590 6,510 TeleQraph Canyon Rd - WB in the AM 1,890 2,250 2,550 2,810 3,010 TeleQraph Canyon Rd - EB in the PM 1,440 2,370 3,160 3,820 4,350 TABLE 4 LOS LOOKUP TABLE BY HOURLY VOLUME Source: LLG Engineers. Example calculation: LOS A for East H WB volume using MPH :: 50.7 - 0.01 02*Volume becomes 35:: 50.7 - O.0102*VoJume => -15.7:: -O.0102*Volume => Volume = 1,539 => rounded to 1,540. CONSTRAINED SEGMENT Using the collected data, each segment was analyzed to determine which would reach the TMP threshold first. As shown in Table 5, westbound Telegraph Canyon Road was calculated to reach capacity first and therefore is considered to be the constrained segment. Telegraph Canyon Road is considered to be the constrained segment because it has the least amount of reserve capacity. Fewer vehicles can be added to Telegraph Canyon Road before it reaches capacity as compared to East H Street. Additionally, other factors that limit the capacity of Telegraph Canyon Road include friction from multiple driveways and delays from many traffic signals. -7- Eastern Territories Traffic Capacity Analysis City of Chula Vista 3-02·1244 LINSCOTT LAW & GREENSPAN ENGINEERS TABLE 5 CONSTRAINED SEGMENT ANALYSIS Highest Peak Volume at LOS D Percentage of Date Hour Volume from Linear Regression Reserve Capacity Before Equation LOS D is Reached East H Street Westbound 11/19/02 1980 3300 67% 11/20/02 1920 3300 72% 12/03/02 1870 3300 76% 12/04/02 1920 3300 72% 12/05/02 1870 3300 76% 12/10/02 1880 3300 76% 02/04/03 2030 3300 63% 02/05/03 2030 3300 63% 02/06/03 2110 3300 56% Eastbound 11/19/02 2080 5590 169% 11/20/02 2180 5590 156% 12/03/02 2100 5590 166% 12/04/02 2150 5590 160% 12/05/02 2070 5590 170% 12/10/02 2120 5590 164% 02/04/03 2310 5590 142% 02/06/03 2310 5590 142% Telegraph Canyon Road Westbound 11/19/02 1980 2810 42% 11/20/02 1970 2810 43% 12/03/02 2060 2810 36% 12/04/02 2060 2810 36% 12/05/02 2060 2810 36% 02/04/03 2140 2810 31 % - Controls 02/05/03 2130 2810 32% - Controls 02/06/03 2120 2810 33% - Controls Eastbound 11/19/02 2040 3820 87% 11/20/02 2050 3820 86% 12/04/02 2040 3820 87% 12/05/02 1970 3820 94% 12/10/02 2000 3820 91% 02/04/03 2130 3820 79% 02/05/03 2190 3820 74% 02/06/03 2160 3820 77% A segment and direction was determined to be the controlling roadway based on the least percent of reserve capacity as shown by the percentage. Westbound travel on Telegraph Canyon Road was determined to be the constrained segment or segment that "controls" because the reserve capacity was the rowest (31 %-33%) as compared to all other segments listed. A higher percentage means that more traffic could be added before capacity is reached. -8- Eastern Territories Traffic Capacity Analysis City of Chula Vista 3-02-1244 --"--,"-_.__.',--- LINSCOTT LAW & GREENSPAN ENGINEERS FUTURE TRAFFIC VOLUME AND DWELLING UNITS The remaining capacity on the constrained segment of Telegraph Canyon Road in the westbound direction was used to determine the number of new dwelling units that could be added. This process included the following steps: 1) A 10% increase in overall westbound Telegraph Canyon Road traffic was assumed in the future due to increases in non-residential traffic. This non- residential traffic includes background, passer-by, and other traffic using Telegraph Canyon Road. 2) A key assumption concerns the percentage of future eastern territory residents who will utilize Telegraph Canyon Road for their AM westbound peak period commute. Several factors were considered in order to estimate this percentage. First, there are generally four main routes to 1-805, Bonita Road, East H Street, Telegraph Canyon Road and Olympic Parkway. It is expected that due to a greater portion of future homes being in the southern areas of the eastern territories, that there will be more traffic using the more southern roadways. Second, a portion of AM peak hour trips will remain within the immediate area of the residences or utilize other minor arterials. Third, a recent survey (before Olympic Parkway was opened to Hunte Parkway) conducted by SANOAG and the City of Chula Vista (Godre Research/ESTC, February 2002) indicated that approximately 80% of eastern Chula Vista commuters use Telegraph Canyon Road, East H Street or Olympic Parkway. Overall, it is estimated that 25% of future westbound AM peak period trips will utilize Telegraph Canyon Road as shown on Figure 2. 3) Future residential units were assumed to generate 9.3 ADT per home, with 8% of the traffic during the AM peak hour and a 70/30 outbound/inbound split. The trip generation rate of 9.3 trips per household was based on the historic and recently permitted split between single- and multi-family homes in Chula Vista. Calculations are included in Appendix D. 4) The TMP threshold was used as the trigger to determine the number of residential dwelling units that could be constructed and occupied. The TMP threshold based on the GMOC states that no more than two hours of Level of Service D is allowed. The next measurable increment of time in terms of potentially exceeding the TMP threshold is 30 minutes. Therefore, a two and a half hour time frame was utilized as the time threshold to determine the amount of additional dwelling units that would cause the TMP threshold to be exceeded. Table 6 shows that the TMP threshold of LOS 0 was exceeded on westbound Telegraph Canyon Road once 6,154 units are constructed (5,385 + 6,923 = 12,308 divided by 2 = 6,154). Since the baseline traffic counts were conducted in late 2002 and early 2003, the starting point for the additional dwelling unit count is January 1, 2003. -9- Eastern Territories Traffic Capacity Analysis City of Chula Vista 3·02-1244 N ~ (/') ~~ ¡¡¡ < ~ a:: Q) ~ ~ >-0 z L- 000 ;>00 -< ~ 000 0", :J >- "' ~ Uê;¡ '" CI) a:: o~ :5 0) oo~ a. 0 "-"" .¡: > ~ .... .- ~ u... () Q) ¡¡: c: lL.. .... Z g (/') 0 0 ~c Z~ c: 5 13 w'" 0;;:: 0 => "' (/')0 :¡:; :> 3AV 3N'il Cl.« :J a.. it: z ?.¡.~ Cl:0 .D (I) 12 "" .¡: (I) ~CI:~ .... CI: CI) Z 1Da:::1O è5 CI: «o~ 0 I!:! ...JZ § «~ Z () Ö ~ III a::: g~ Z æ ~ w « (.') tñ w ...J C a~ \o103Yi Vl ,.., ~~ ~~ N ~ ~ Z """ -<1: """ 0- o cFJ uo¿;Z cFJ;::::W Z-<1:~ ............í..J w LINSCOTT LAW & GREENSPAN ENGINEERS The calculated unit count does not include units that could be gained if additional lanes were provided on East H Street and Telegraph Canyon Road. The benefit of providing these additional lanes was the subject of other traffic analyses, which are included in Appendix E. Ramp meters were assumed to not be installed at the 1-805 ramps. TABLE 6 NEW HOME CAPACITY ON WESTBOUND TELEGRAPH CANYON ROAD NUMBER OF PEAK HOUR VOLUMES DWELLING UNITS Conv. from Assignment Jan Hourly Non- Vehicles to toWB 2003 LOS Reserve Residential Directional Split Dwelling Telegraph Average D Ca acit Use on Telegraph Units ani ult/plication Factor: 10% 70% (6-10AM 8% of ADT) 1.9231 25% 30% (3-7PM 10% of ADT) 3.3333 50% (other 3% of ADT) 6.6666 12:00-1 :00 AM 120 2810 2690 2420 50% 16133 6453 1 :00-2:00 AM 70 2810 2740 2470 50% 16467 6586 :00-3:00 AM 60 2810 2750 2470 50% 16467 6586 :00-4:00 AM 90 2810 2720 2450 50% 16333 6533 :00-5:00 AM 280 2810 2530 2280 50% 15200 6079 :00·6:00 AM 1010 2810 1800 1620 50% 10800 4320 :00-7:00 AM 1810 2810 1000 900 70% 1731 692 :00-8:00 AM 2050 2810 760 680 70% 1308 5231 :00-9:00 AM 2030 2810 780 700 70% 1346 538 9:00-10:00 AM 1670 2810 1140. 1030 70% 1981 7923 10:00-11:00 AM 1490 2810 1320 1190 50% 7933 3173 11 :00-12:00 PM 1540 2810 1270 1140 50% 7600 3040 12:00-1:00 PM 1540 2810 1270 1140 50% 7600 3040 1 :00-2:00 PM 1500 2810 1310 1180 50% 7867 31466 :00-3:00 PM 1630 2810 1180 1060 50% 7067 2826 :00-4:00 PM 1930 2810 880 790 30% 2633 1053 :00-5:00 PM 1650 2810 1160 1040 30% 3467 1386 5:00-6:00 PM 1650 2810 1160 1040 30% 3467 1386 :00-7:00 PM 1370 2810 1440 1300 30% 4333 1733 :00-8:00 PM 1050 2810 1760 1580 50% 10533 4213 :00-9:00 PM 960 2810 1850 1660 50% 11067 44266 :00-10:00 PM 840 2810 1970 1770 50% 11800 47200 10:00-11 :00 PM 480 2810 2330 2100 50% 14000 5599 11 :00-12:00 PM 300 2810 2510 2260 50% 15067 60266 MP Threshold (based on 30 minute increment past the 2-hour threshold): 1" Hour of LOS D (7:00-8:00 AM) 5,231 Dwelling Units 2" Hour of LOS D (8:00-9:00 AM) 5,385 Dwelling Units 2 Y, Hours of LOS D (Average of 2" Hour and 3"' Hour) 6,154 Dwelling Units 3" Hour of LOS D 6:00-7:00 PM 6.923 Dwellin Units Notes: Example calculation for conversion of volume to house: 100 homes x 9.3 ADT = 930 ADT => 74 Pk Hr AM peak for 2·way (8% of ADT) => 52 Pk Hr 1-way (74 x 0.7 from 70/30 split) => rate of vehicles per dwelling units => 100/52 = 1.9231 vehicles/dwelling unit. Example calculation for conversion from vehicles to dwelling units: 1,731 dwelling units x 9.3 ADT = 16,098 ADT x 8% = 1,288 AM peak hour x 70% = 900 peak hour vehicle trips. Example calculation for assignment to WB Telegraph: 6,923 dwelling units x 25% = 1,731 dwelling units. -))- Eastern Territories Traffic Capacity Analysis City of Chu!a Vista 3-02-1244 LINSCOTT LAW & GREENSPAN ENGINEERS CONCLUSIONS With a starting date of January 1, 2003, it is predicted that about 6,1S0 residential dwelling units could be constructed and occupied before the TMP threshold would be exceeded. This amount assumes no roadway improvements are constructed. LLG has conducted previous analyses under separate cover (see Appendix E) that estimated the amount of dwelling units, which could be constructed if specific roadway improvements were constructed. These past analyses indicated the following: 1) 600 additional units could be provided if an additional lane was provided on East H Street approaching I-80S, 2) 1,300 additional units could be constructed if an additional lane was provided on Telegraph Canyon Road approaching I-80S, and 3) 940 additional units could be built if the I-80S/Olympic Parkway Interchange improvements were constructed. In summary, a total of 8,990 residential dwelling units could be constructed as shown in Table 7. A graphic display of the capacities along a time line are shown in Figure 3. Capacity Estimated Additional and Completion Dwelling Imorovements Date Units 1 TMP Threshold Ca:;;-ae¡¡V Now 6,150 residential dwellino units 2 East H Street Additional Lane June 2003 600 residential dwellino units 3 Teleoraoh Canvon Road-Additional Lane Dee 2003 1,300 residential dwellino units 4 O¡;;;;'nie Parkwav-Interehanoe irllnrovements Feb 2005 940 residential dwellino units Total 8,990 residential dwellino units TABLE 7 RESIDENTIAL DWELLING UNIT SUMMARY -12- Eastern Territories Traffic Capacity Analysis City of Chula Vista 3-02-1244 UJ ----------------------------------- 90hh ~~ \ \ z \ \ \ - 0 \ m )-, m \ " ~~~ \ !l~'" - ~O~ \ _~O \ 0.. 0:: ~_!i \ :..J - 0 \ ______~L----------------------- ÇO/l/Z .,..\ ço/,/, ~\ 0-\ ~\ ~~ - ~ ~ \ ~o:: %.\ ~i 'à~ - w z 0 ~\ :J '" 0 " ~:¡: ~\ w - ::::;: ~~ ~\ ¡:: c'" ~\ ~~ ~ ~\ - 'tL\ ~\ ~\ to/,/, ~\ ---------------~\---------- 1'0/'/" ~\ I;j ~\ - ~z~ ...... 0 \ '" 00 ,... 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Q ......, ~~ .... c< .'c=»~ Q~ , ~ '§. '" ......,-::: " , c.<). ) ,::,. ~ \ ¡ ~ # ~ l -0. >-.. -= " " .::'>- 1 , .....) From: Martin A. Parish 619·390-8427 To: John Boarman Date: 12/9/2002 Time: 1 :29:26 PM r-dY~ L. UI I::> EventCount-154 Page 1 Traffic Data Service Southwest Event Counts t EventCount-154 DATASETS: Site: ChannelA: ChannelB: - Survey Duration: File: Identifier: Algorithm: [31509] Olympic Parkway Between Heriage Rd and La Media 2 - East bound. - Added to totals. (1) 4 - West bound. - Excluded from totals. (0) 07:05 Man 18 Nov 2002 to 16:39 Man 25 Nov 2002 Z:\mcdata\LLG\2002\315\3150926NOV2002. ECO (Base) A564FEQH MC56-1 [MC55] (c)Microcom 07/06/99 Event count Eastbound PROFILE: Filter time: - Name: Method: Units: In profile: 08:00 Mon 18 Nov 2002 to 08:00 Thu 21 Nov 2002 Factory default profile Count axles divided by two. Non-Metric (It, mi, f/s, mph, Ib, ton) 21546 Events _ . Mon 18 Nov 2002 - Total=5538(incomplete) , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 IJOO 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 476 3" 263 308 320 '" 380 454 526 655 512 333 263 200 124 55 130 85 86 74 76 72 B6 98 120 175 148 92 68 62 32 17 12 109 85 61 68 81 82 96 112 119 158 141 91 70 57 44 13 11 - 107 81 69 S4 90 75 98 116 140 163 11. 75 60 35 29 16 7 - 130 99 67 82 73 70 100 128 147 159 109 75 65 46 19 9 10 PM PkHr 17:00 to 18:00 (0=655), PM PHF=O.94 · Tue 19 Nov 2002 - Total=7114,15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 40 26 23 21 17 90 595 601 404 315 288 325 268 347 420 ..6 566 633 546 417 258 238 152 " 12 8 6 0 1 . 59 117 136 90 63 71 67 90 91 109 139 159 151 125 75 67 52 23 8 11 5 9 3 2 13 120 113 97 S4 63 ?3 74 90 10. 11. 147 160 171 110 59 67 " 14 8 7 6 · 13 7 26 189 166 88 95 67 95 65 " 117 120 144 162 126 80 66 53 23 15 13 10 7 · 5 7 47 227 205 83 46 95 86 62 78 108 123 136 152 98 102 58 51 28 6 6 -AM PkHr 06:15 to 07:15 (0=653), AM PHF=0.72 PM PkHr 17:30 to 18:30 (0=636), PM PHF=0.9J · Wed 20 Nov 2002 - Total=7652, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 35 16 12 20 21 " 653 627 457 356 302 326 332 354 442 459 605 640 518 370 354 354 198 102 8 5 3 1 2 9 70 153 145 69 67 90 ?3 99 118 108 142 154 136 " 97 110 63 44 18 8 6 5 6 3 7 135 101 99 91 7D 69 72 96 140 110 151 163 148 113 " 94 56 22 20 13 3 1 9 6 29 194 164 87 83 87 78 109 80 91 118 172 164 103 92 BO 89 39 13 8 6 2 3 . 10 54 25. 209 126 93 78 89 78 79 93 123 140 159 131 76 88 61 40 23 7 AM PkHr 06:15 to 07:15 (n=736), AM PHF=O.72 PM PkHr 17:00 to 18:00 (n=640), PM PHF=0.98 · Thu 21 Nov 2002 - Total=1242(incomplete) . 15 minute drops. 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 IJOO 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 53 8 15 13 20 63 492, 578 18 2 · 0 0 2 39 163 20 5 · 3 6 14 58 11. 8 0 2 5 9 14 113 161 7 1 5 5 5 33 222 140 ------- Date: 12/912002 Time: 129:~ö PM From: Martin A. Parish 619-390-8427 To: John Boarman EventCount·154 DATASETS: Site: ChannelA: ChannelB: -- Survey Duration: File: Identifier: Algorithm: PROFilE: Filter time: Name: Method: Units: In profile: õi:'lY"'.oo WI I=>" EventCount-154 Page 1 Traffic Data Service Southwest Event Counts \ J:t [31509] Olympic Parkway Between Heriage Rd and la Media 2 - East bound. - Excluded from totals. (0) 4 - West bound. - Added to totals. (1) 07:05 Mon 18 Nov 2002 to 1639 Mon 25 Nov 2002 Z:\mcdata\LLG\2002\315\3150926NOV2002.ECO (Base) A564FEQH MC56-1 [MC55] (c)Microcom 07/06/99 Event count Westbound 08:00 Mon 18 Nov 2002 to 08:00 Fri 22 Nov 2002 Factory default profile Count axles divided by two. Non-Metric (ft, mi, fls, mph, Ib, ton) 24954 Events · Mon 18 Nov 2002 - Total=4193(incomplete), 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0600 0900 1000 1100 1200 1300 1400 1500 1600 1700 1600 1900 2000 2100 2200 2300 ." 305 2.2 ". 348 305 379 561 310 268 187 130 135 105 50 3' 152 " 92 83 101 75 67 151 91 95 42 31 33 30 10 5 3 - 130 87 5' 81 83 84 79 124 85 63 61 30 32 20 14 15 6 - 104 60 61 73 91 87 111 169 71 51 47 39 23 36 11 7 0 109 69 7D 62 73 59 122 117 63 59 37 30 47 19 15 7 5 PM PkHr 14:45 to 15:45 (n=566), PM PHF=O,84 · Tue 19 Nov 2002 - Total=5782, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 14 · 11 21 30 168 502 776 520 327 266 257 304 330 3" 580 3.3 216 212 140 12' 108 48 22 3 2 . 6 5 18 84 215 "0 83 47 62 86 74 80 147 98 79 53 42 37 36 16 6 3 6 1 1 8 . 35 115 205 130 " 74 58 67 8' 70 136 93 74 50 34 32 31 12 5 6 0 2 3 · 7 44 132 201 120 72 71 65 62 '0 102 174 83 63 55 27 25 25 9 6 5 5 · 3 3 14 71 171 155 126 79 74 72 89 77 142 123 69 60 5. 37 30 16 11 5 3 ___ AM PkHr 06:45 to 07:45 (n=792), AM PHF=D.92 PM PkHr 14:45 to 15:45 (n=599), PM PHF=D.86 · Wed 20 Nov 2002 - Total=5953, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1600 1900 2000 2100 2200 2300 17 3 . , 27 148 ." 772 ." 33' 317 304 30. 333 423 545 3" 303 221 176 163 126 51 37 3 2 2 0 6 20 91 223 148 85 91 100 92 '0 79 140 88 83 50 52 .0 42 13 10 5 6 0 1 2 1 32 102 212 115 81 88 72 85 83 93 120 '0 75 65 .0 56 29 8 , · 5 1 1 2 8 39 13' 172 "' 79 70 57 63 83 126 147 82 87 53 43 36 28 17 12 · 3 0 0 5 12 57 162 165 "' 9D 68 75 69 77 125 138 86 5B 53 41 31 27 13 6 2 AM PkHr 07:00 to 08:00 (n=772), AM PHF=0.87 PM PkHr 15:0D to 16:00 (n=545), PM PHF=O.93 .-. Thu 21 Nov 2002 - Total=7215, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0600 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 15 · 5 · 31 181 578 9" 63' 440 394 356 359 421 523 630 '35 34. 268 213 157 130 58 28 5 0 2 0 6 25 99 261 175 118 110 97 102 102 " 176 125 92 70 42 '0 45 25 12 2 . 1 2 · 2 36 122 282 152 lOB 70 B5 83 101 126 121 123 ee 79 56 45 36 10 8 6 . 3 0 2 5 39 153 230 165 86 102 80 65 92 145 192 105 81 os 63 32 2D 6 7 5 2 0 1 3 18 81 20. 219 147 128 112 94 10' 126 153 141 82 ee 71 52 40 29 17 1 · AM PkHr 07:00 to 08:00 (n=992), AM PHF=O.88 PM PkHr 14:45 to 15:45 (n=542), PM PHF=O.84 · Fri 22 Nov 2002 - Total=1811 (incomplete) , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0600 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 17 6 5 9 30 191 618 935 2 1 2 1 5 21 lOB 245 6 2 0 1 5 46 123 263 ~__5_L-~_ 0 7 61 16º-~ 4 2 2 7 13 63 207 201 ----- ---- - - -------_..-- Date: 12/9/2002 !Ime: 1:;¿~:;¿b I-'M From: Martin A. Parish 619-390-8427 To: John Boarman EventCount-154 DATASETS: Site: ChannelA: ChannelB: Survey Duration: File: Identifier: Algorithm: PROFilE: Filter time: Name: Method: Units: In profile: r-c:l~"'''' UI ;::t EventCount-154 Page 1 Traffic Data Service Southwest Event Counts 't" ," y [31508] Olympic Pkwy Between Brandywine and Heritage Rd 2 - East bound. - Added to totals. (1) 4 - West bound. - Excluded from totals. (0) 07:04 Mon 18 Nov 2002 to 17:06 Mon 25 Nov 2002 Z:\mcdata\LLG\2002\315\3150826NOV2002. ECO (Base) A566R8D4 MC56-1 [MC55] (c)Microcom 07/06/99 Event count Eastbound 08:00 Mon 18 Nov 2002 to 12:00 Fri 22 Nov 2002 Factory default profile Count axles divided by two. Non-Metric (It, mi, f/s, mph, Ib, ton) 43749 Events · Mon 18 Nov 2002 - Total=8962(incomplete) , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 - 640 '4' 468 493 .n 4" '" 763 907 1083 863 563 420 324 ". 114 91 121 120 106 115 121 126 190 202 275 220 182 "' 80 49 41 25 183 127 106 "' 129 117 157 173 203 277 232 146 110 " 71 21 19 180 135 107 130 132 127 158 171 253 254 214 128 " 75 41 31 13 186 166 135 138 116 110 176 229 249 277 '" 105 101 72 28 21 14 PM PkHr 17:0D to 18:00 (n=1D83), PM PHF=0.98 · Tue 19 Nov 2002 - Total=7872, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 71 36 33 3S 3S 13' 772 0 0 0 0 0 2.2 942 648 73' ." 1001 ." '" 424 37. 234 .. 25 9 10 5 3 14 .4 0 0 0 0 0 0 138 149 161 202 263 249 192 125 102 77 37 15 19 11 12 10 6 16 159 0 0 0 0 0 60 147 169 182 239 262 255 174 103 10' 68 18 22 13 7 6 15 15 35 267 0 0 0 0 0 101 129 176 196 223 252 192 120 103 84 " 29 18 14 9 5 8 15 71 252 0 0 0 0 0 121 128 154 197 227 224 201 130 93 88 45 14 9 ~ AM PkHr 06:00 to 07:0D (n=772), AM PHF=0.72 PM PkHr 16:45 to 17:45 (n=1004), PM PHF=0.95 · Wed 20 Nov 2002 - Total=11095, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1600 1900 2000 2100 2200 2300 '4 33 22 3. 38 14' .72 .38 713 515 501 471 508 550 672 724 908 980 818 '" 3.3 320 173 110 15 12 6 3 5 12 109 "7 186 127 "' "' 131 153 147 180 198 223 233 162 li5 " 47 34 26 22 10 8 10 9 18 ,.3 169 167 113 110 113 119 136 209 170 222 260 226 168 100 80 56 25 21 18 6 . 19 9 45 265 245 15. 126 131 116 130 134 142 162 236 247 178 149 88 81 35 29 7 9 5 , 7 15 71 315 337 206 149 146 126 126 127 174 212 252 250 181 108 90 65 35 22 12 AM PkHr 06:15 to 07:15 (0=950), AM PHF=0.75 PM PkHr 17:15 to 18:15 (0=990), PM PHF=O.95 · Thu 21 Nov 2002 - Total=11320, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0600 0900 1000 1100 1200 1300 1400 1500 1600 1700 1600 1900 2000 2100 2200 2300 " 21 15 25 3. 161 B'B .77 '61 575 .55 5l< 462 673 652 779 .3' 1015 B" '" 444 361 216 131 Z6 6 6 5 3 10 111 176 210 137 100 116 123 145 149 1BO 182 253 215 188 125 " 75 35 29 21 6 5 5 9 26 169 22. 160 170 125 110 111 144 166 194 193 274 236 153 118 89 59 32 18 7 5 4 11 12 41 275 262 141 131 109 140 107 138 ,.0 165 231 24' 1B9 155 84 97 49 34 17 12 , 1 . 14 84 313 311 150 137 121 14B 121 146 157 220 233 242 202 133 117 82 33 30 13 AM PkHr 07:15 to 08:15 (n=1011),AM PHF=0.81 PM PkHr 17:00 to 18:00 (0=1015), PM PHF=D.93 · Fri 22 Nov 2002 - Total=4499(incomplete) , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0600 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 77 3. 17 2. 45 154 B72 970 721 5" 506 5.01 29 9 5 3 8 14 104 196 182 124 110 130 18 10 5 , 11 27 166 20' 166 123 117 128 ---32.- 6 5 11 7 34 247 264 175 161 136 117 13 14 2 10 19 79 355 306 198 161 143 126 -------- ----~---- ----~-- ---.----- - - - - - - - - - From: Martin A. Parish 619-390-8427 To: John Boarman Date: 12/9/2002 Time: 1 :29:26 PM t-'age ~ or HI EventCount-154 DATASETS: Site: ChannelA: ChannelS: - Survey Duration: File: Identifier: __ Algorithm: PROFilE: Filter time: - Name: Method: Units: In profile: EventCount-154 Page 1 Traffic Data Service Southwest Event Counts [31508] Olympic Pkwy Between Brandywine and Heritage Rd 2 - East bound. - Excluded from totals. (0) 4 - West bound. - Added to totals. (1) 07:04 Man 18 Nov 2002 to 17:06 Man 25 Nov 2002 Z:\mcdata\LLG\2002\315\3150826NOV2002.ECO (Base) A566R8D4 MC56-1 [MC55] (c)Microcom 07/06/99 EVent count Westbound 08:00 Mon 18 Nov 2002 to 12:00 Fr; 22 Nov 2002 Factory default profile Count axles divided by two. Non-Metric (ft, mi, fls, mph, Ib, ton) 42488 Events __ . Mon 18 Nov 2002 - Total=7264(incomplete) , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 742 528 .64 ." 570 528 548 91' '" 537 365 27' 257 232 121 7. 139 148 136 148 15' 140 109 215 160 172 95 76 66 75 37 23 9 240 131 105 127 139 136 119 211 169 131 116 " 61 50 30 25 8 lB. 121 112 118 159 130 147 "3 149 lOB " 78 43 63 25 15 3 179 128 111 105 11B 122 173 227 130 126 63 54 B7 04 29 11 6 PM PkHr 15:00 to 16:00 (n=916), PM PHF=0.87 · Tue 19 Nov 2002 - Total=9968, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 OBOO 0900 1000 1100 1200 1300 1400 1500 1600 1700 1BOO 1900 2000 2100 2200 2300 " 19 17 31 51 28' 863 1236 917 558 '7' 485 487 560 585 9.. 627 518 .06 '" 239 204 104 ., 9 6 5 6 B 30 160 321 271 138 113 144 139 139 103 224 195 143 103 62 79 75 37 11 9 B 5 2 12 9 62 202 348 233 146 111 11. 108 132 124 231 146 137 101 74 54 56 32 9 10 3 . 7 7 11 84 232 '" 206 148 122 109 11B 125 104 246 131 123 93 65 58 36 12 11 9 6 . 3 6 23 110 269 271 207 126 130 11B 122 164 214 235 155 115 109 75 48 37 23 10 6 _ AM PkHr 07:00 to 08:00 (n=1236), AM PHF=0.89 PM PkHr 15:00 to 16:00 (n=936), PM PHF=0.95 · Wed 20 Nov 2002 - Total=1 011 0, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1BOO 1900 2000 2100 2200 2300 34 10 14 18 48 275 853 1156 904 554 516 556 545 552 637 884 '32 533 384 305 287 250 111 54 , 3 7 1 , 32 164 28' 270 163 353 159 154 141 116 22' 160 104 96 90 73 70 33 15 6 10 2 2 3 9 64 184 331 226 138 14' 143 132 127 138 203 159 104 92 73 82 83 29 18 8 , , 2 3 12 63 238 275 217 129 103 134 140 151 193 235 154 123 99 71 68 49 24 16 6 6 1 3 11 21 116 267 264 191 124 116 120 119 133 190 220 159 122 97 71 " .8 25 5 , AM PkHr 06:45 to 07:45 (n=1159), AM PHF=0.8S PM PkHr 15:00to 16:00 (n=884), PM PHF=O.94 · Thu 21 Nov 2002 - Total=1 0075, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 24 15 8 14 43 285 837 ~221 893 511 497 482 491 526 ". 910 61' 530 430 311 261 230 135 " 6 2 5 2 6 38 152 304 265 175 128 152 145 115 125 240 149 128 116 82 65 81 " 19 9 8 2 0 6 8 59 195 346 215 135 117 122 102 148 142 204 176 153 122 77 70 62 38 20 , 6 5 1 , 12 81 223 282 212 153 108 " 128 114 181 254 131 136 80 72 64 49 21 14 10 , 6 2 2 17 107 267 289 201 148 144 114 116 149 198 212 160 113 112 80 62 38 30 6 3 AM PkHr 07:00 to 08:00 (n=1221), AM PHF=0.88 PM PkHr 15:00 to 16:00 (n=910), PM PHF=O.QO · Fri 22 Nov 2002 - Total=5070(incomplete) , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1900 1900 2000 2100 2200 2300 31 11 12 11 52 278 802 1208 92' 599 565 575 9 , 3 2 5 33 148 292 273 164 160 15' , 1 3 1 12 59 178 321 219 14' 128 364 __1_9------3-------_~___1_--1_1---84_2-1.8-_304_.21.û..-J..3" 17A l?L_-=-____:-_ ---- -..------- 3 3 , 7 24 102 258 291 224 151 149 130 ~-_.- Date: 12/9/2002 Time: 1 :29:26 PM t-'age 0 OT 1'::1 From: Martin A. Parish 619-390-8427 To: John Boarman EventCount-154 DATASETS: Site: ChannelA: ChannelB: Survey Duration: File: Identifier: _ Algorithm: PROFILE: Filter time: Name: Method: Units: In profile: EventCount-154 Page 1 Traffic Data Service Southwest Event Counts /' --"' [31507W] E. Orange I Olympic Pkwy Between Oleander and Brandywine Westbound 4 - West bound. - Added to totals. (1) o - Unused or unknown. - Excluded Irom totals. (0) 07:03 Man 18 Nov 2002 to 17:08 Man 25 Nov 2002 Z:\mcdata\LLG\2002\315\31507W26NOV2002. ECO (Base) A556KBJ1 MC56-1 [MC55] (c)Microcom 07/06/99 Event count 08:00 Mon 18 Nov 2002 to 12:00 Fri 22 Nov 2002 Factory delault profile Count axles divided by two. Non-Metric (ft, mi, lIs, mph, Ib, ton) 55478 Events · Mon 18 Nov 2002 - Total=9901(incomplete) , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 1027 707 '77 '" ,.8 726 756 1073 78' 731 582 '" 36' 32' 185 139 - 261 165 190 198 211 185 160 25' 19' 209 145 113 94 ee 51 40 19 2ee 190 165 153 175 175 157 241 214 198 166 93 102 83 53 35 13 249 183 146 16' 199 197 216 301 204 162 155 121 70 ee 42 32 8 229 169 176 149 163 169 223 275 172 162 116 79 100 66 39 32 9 PM PkHr 15:00 to 16:00 (n=1073), PM PHF=0.89 · Tue 19 Nov 2002 - Total=12990, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 ., 28 24 52 " 453 1150 1237 1034 793 '" '" 681 746 "8 1074 825 775 591 "2 356 2" lB' " 19 12 10 12 20 57 241 328 277 204 162 189 172 167 132 270 242 209 141 117 110 113 56 27 16 13 9 , 17 14 98 296 3.. 240 196 14. 148 173 176 173 272 201 204 141 "' 78 76 44 24 10 8 3 5 8 23 126 302 292 259 216 15' 151 168 178 193 282 17' 189 14' 111 93 53 33 19 14 9 , 5 15 40 170 311 273 258 177 169 158 168 224 2SO 250 203 173 160 100 75 57 32 27 12 _",_ AM PkHr 06:30 to 07:30 (n=1285), AM PHF=0.93 PM PkHr 14:45 to 15:45 (n=1074), PM PHF=0.95 · Wed 20 Nov 2002 - Total=13087, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 52 18 19 .2 '0 448 1141 1218 1050 73' 683 '" 708 710 820 1072 782 750 57' .53 371 3" 18' 113 16 6 , 6 12 65 244 33. 265 206 193 178 195 170 171 276 18' 187 137 127 89 91 '6 25 12 10 6 7 16 21 103 267 321 26' 181 195 183 181 161 190 237 193 210 134 127 106 105 '5 40 18 14 5 , , 25 "' 309 297 267 185 135 172 160 191 226 303 176 176 157 104 89 77 47 35 9 12 1 , 16 32 166 321 266 249 167 160 166 172 186 233 25' 224 177 151 95 67 71 " 13 9 AM PkHr 06:30 to 07:30 (n=1285), AM PHF=0.96 PM PkHr 15:00 to 16:00 (n=1072), PM PHF=O.88 · Thu 21 Nov 2002 - Total=13132, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 .. 30 12 26 93 452 1149 1235 1049 8" 70S "8 '" '" 830 1064 790 75' 623 '39 365 311 217 107 12 , 5 5 11 78 236 328 280 214 174 176 202 157 172 '80 179 201 166 129 87 95 77 32 19 19 5 , 5 21 81 281 352 260 192 173 174 162 196 199 '53 214 199 191 " 94 95 60 28 17 , 8 2 7 26 125 306 252 274 206 173 141 156 160 223 298 186 175 135 105 93 65 36 29 18 , 13 1 , 35 168 326 303 235 196 195 167 146 186 ,.. 233 21l 191 141 108 91 56 " 19 11 AM PkHrÐ6:30 to 07:30 (n=1312), AM PHF=O.93 PM PkHr 14:45 to 15:45 (n=1067), PM PHF=O.90 _ . Fri 22 Nov 2002 - Total=6367(incomplete) , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 .. 21 22 31 " 439 1058 1207 1092 "8 760. ,., 19 5 7 7 9 61 220 265 297 229 201 208 17 9 5 5 22 90 256 337 267 195 191 205 _1-e--5_L__'-----25-----.l3B-2_66-~2~~UL--.1.2.L 11 2 6 12 43 150 316 290 27' 208 194 192 - - - From: MartinA. Parish 619-390-8427 To: John Boarman Date: 12/9/2002 Time: 1 :29:26 PM Page 7 of 19 EventCount-154 DATASETS: Site: ChannelA: ChannelB: - Survey Duration: File: Identifier: _ Algorithm: PROFILE: Filter time: - Name: Method: Units: __ In profile: EventCount-154 Page 1 Traffic Data Service Southwest Event Counts fJ ~ [31507E] E. Orange / Olympic Pkwy Between Oleander and Brandywine 2 - East bound. - Added to totals. (1) o - Unused or unknown. - Excluded from totals. (0) 07:01 Man 18 Nov 2002 to 16:25 Man 25 Nov 2002 Z:lmcdataILLG\20021315131507E26NOV2002. ECO (Base) A5922K3W MC56-1 [MC55] (c)Microcom 07/06/99 Event count Eastbound 08:00 Mon 18 Nov 2002 to 12:00 Fri 22 Nov 2002 Factory default profile Count axles divided by two. Non-Metric (ft, mi, f/s, mph, Ib, ton) 61772 Events _. Mon 18 Nov 2002 - Total=12013(incomplete), 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 - .55 673 5SO "8 554 "7 8n 1073 U36 1255 H4S 773 642 477 "7 178 - 275 155 144 141 149 lSO 168 257 264 3'2 305 247 179 126 86 60 35 - 236 141 133 161 174 169 218 249 275 315 290 215 170 129 102 41 29 - 216 175 131 166 168 165 221 274 285 304 281 160 152 118 62 38 29 228 202 172 180 163 163 270 293 312 324 272 151 141 104 47 39 23 PM PkHr 17:00 to 18:00 (n=1255), PM PHF=0.97 · Tue 19 Nov 2002 - Total=14742, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 116 63 58 40 47 206 953 1047 881 670 688 692 62. 733 892 1065 1136 Has H63 872 "7 566 343 170 35 26 11 12 6 26 105 224 271 172 141 151 164 181 212 221 247 306 303 267 176 197 103 51 29 29 16 21 9 12 36 225 202 211 185 122 146 147 196 218 276 281 "7 316 241 163 139 97 37 44 29 5 13 9 16 47 294 306 182 174 147 198 150 185 228 295 305 301 273 195 148 133 77 49 25 23 16 13 10 13 97 329 315 217 139 178 197 168 171 234 273 303 281 271 169 140 137 66 33 14 -- AM PkHr 07:30 to 08:30 (n=1103), AM PHF=0.88 PM PkHr 16:30 to 17:30 (n=1211), PM PHF=0.99 · Wed 20 Nov 2002 - Total=14472, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 112 '1 40 52 47 202 1033 1038 .02 '39 '23 630 684 720 915 993 1107 H56 1073 852 596 531 280 1" 29 19 9 7 9 25 140 209 263 159 145 150 175 214 204 241 264 269 280 238 167 140 92 51 46 44 16 14 11 13 31 235 200 199 141 145 143 167 173 248 236 274 308 306 258 148 147 80 53 31 25 17 9 20 11 57 309 285 187 166 166 156 161 169 205 219 268 285 232 203 138 135 97 46 20 14 9 8 14 14 B9 349 344 253 173 167 161 181 164 258 297 281 2.. 255 153 143 109 51 36 14 AM PkHr 06:15 to 07:15 (n=1102), AM PHF=D.79 PM PkHr 17:15to 18:15 (n=1167), PM PHF=D.95 · Thu 21 Nov 2002" Total=14953, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 noD 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 111 53 44 42 40 236 990 1098 862 710 '12 '" <SS 748 .03 1069 1101 1185 1102 .08 668 554 347 219 46 12 12 10 6 21 131 219 278 187 133 146 157 20' 195 237 244 2" 293 283 194 151 115 60 4B 31 17 14 9 9 36 219 267 200 197 161 146 154 176 227 273 258 309 273 242 168 139 92 53 36 20 16 12 14 12 66 304 2., 197 155 136 202 165 178 249 275 283 292 258 207 146 148 82 60 29 14 8 6 9 13 113 336 321 187 171 182 202 179 190 232 284 31' 268 278 176 160 116 58 46 21 AM PkHr 07:15 to 08:15 (n=1157),AM PHF=0.9D PM PkHr 16:45to 17:45 (n=1213), PM PHF=O.96 _ . Fr; 22 Nov 2002 - Total=5591 (incomplete) , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 134 63 .. 47 44 218 977 1073 .25 721 613 732 48 16 10 6 7 18 111 228 262 157 145 167 36 15 15 13 15 39 209 235 203 197 142 179 ------z-..------ys----7---'n---- - 6---.-.s-Z-- 299~ -Z-e-r-2"i-l~-1_9s____r9_1-'l-2--- -- ------ ----.--- -- ----- 21 13 12 15 16 109 358 323 249 212 173 214 From: Martin A. Parish 619-390-8427 To: John Boarman Date: 121912002 Time: 1 :29:26 PM PageBof19 EventCount·154 DATASETS: Site: ChannelA: ChannelB: Survey Duration: File: Identifier: __ Algorithm: PROFILE: Filter time: - Name: Method: Units: _ In profile: EventCount-154 Page 1 Traffic Data Service Southwest Event Counts -~ ) [31506W] Telegraph Canyon Rd Between Medical Crest Dr and Halecrest Westbound 4 - West bound. - Added to totals. (1) o - Unused or unknown. - Excluded from totals. (0) 07:12 Man 18 Nov 2002 to 16:27 Man 25 Nov 2002 Z:\mcdata\LLG\2002\315\31506W26NOV2002 ECO (Base) A5590GBV MC56-1 [MC55] (c)Microcom 07/06/99 Event count 09:00 Mon 18 Nov 2002 to 12:00 Fri 22 Nov 2002 Factory default profile Count axles divided by two. Non-Metric (ft, mi, f/s, mph, Ib, ton) 123948 Events _ . Mon 18 Nov 2002 - Total=211 02(incomplete) , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 1216 1796 1781 1780 1751 1834 2195 1807 1836 1399 1060 "4 .67 505 311 0 503 412 ". 426 451 527 461 445 35. 302 241 26. 129 96 48 370 460 469 440 45. 44' 550 495 505 355 26. 241 223 157 77 43 435 "2 439 47' 447 450 54' 396 474 357 249 222 212 123 83 29 411 391 461 414 420 485 574 455 412 '29 241 260 164 96 55 30 PM PkHr 15:00 to 16:00 (n=2195), PM PHF=0.96 · Tue 19 Nov 2002 . Total=29915, 1.§J:nil)JJte drops, 0000 0100 0200 0300 0400 0500 r'Õ6ÕÔ'1\0700\6800'\\0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 150 " .. 123 345 1159 ¡2012 ~':2056}12180./1904 1679 H55 1733 1701 1823 2084 1890 1849 1485 1158 1029 .37 532 341 " 29 23 27 45 182 47' 531 ']40 501 432 422 469 454 407 521 513 426 371 323 241 211 169 " 44 43 24 26 31 81 229 535 501 53' 466 404 37. 427 414 410 523 493 539 375 295 280 216 127 101 40 29 23 23 38 102 '48 453 507 547 474 '84 434 436 '" 459 525 444 466 393 274 247 190 120 82 37 '0 20 22 27 117 400 546 517 557 463 459 421 401 435 547 515 440 41' 346 266 261 160 116 70 20 - AM PkHr 08:00 to 09:00 (n=2180), AM PHF=0.98 PM PkHr 14:45to 15:45 (0=2116), PM PHF=0.97 · Wed 20 Nov 2002 - Total=30~).5.rnj.nu~e drops, 0000 0100 0200 0300 0400 0500(d600 0700¥0800,0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 1.1 82 .. 10' 311 1218\...2026 }2067 [:2133f'1864 1652 1775 1816 1708 1788 2023 1881 1863 1499 1145 1086 .2' 540 364 44 20 20 29 33 190 ng' ''''5'IJ5 '''5''53- 517 415 431 512 429 419 469 530 449 398 304 295 239 160 102 48 40 22 15 22 57 258 545 576 533 478 421 434 474 396 415 4.' 463 545 380 296 283 229 134 104 42 37 19 25 32 105 373 501 502 552 444 397 444 419 464 442 560 445 445 ". 294 257 214 131 101 40 20 21 26 26 116 397 501 484 495 425 419 466 411 419 512 505 443 424 333 251 251 147 115 57 31 AM PkHr 08:00 to 09:00 (n=2133), AM PHF=0.96 PM PkHr 15:15to 16:15 (n=2084), PM PHF=0.!l3 · Thu 21 Nov 2002· Total-295 j e drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 161 .. 74 114 331 1153\2046!2088 2124[1799 1647 1574 1588 1608 1649 2073 1737 1927 1495 1232 1017 '" 595 373 48 29 24 18 53 166~ 50. 49 472 399 396 421 36' 464 510 478 492 404 330 219 260 192 122 63 42 34 16 25 54 223 544 528 538 463 405 367 414 412 398 476 430 547 375 329 299 245 153 106 57 40 15 14 36 95 323 50' 532 542 439 427 391 '87 407 429 512 422 440 392 276 2" 190 126 76 45 31 21 20 35 129 441 509 520 495 415 416 420 366 426 558 575 407 448 324 297 261 179 124 69 43 AM PkHr 07:45 to 08:45 (n=2149), AM PHF=O.98 PM PkHr 15:00 to 16:00 (n=2073), PM PHF=D.90 __ . Fri 22 Nov 2002 - Total=13357(incomplete), 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0600 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 20. ,. " 119 319 1122 1832 2098 2118 1784 1757 1813 63 39 32 15 42 161 459 581 553 503 452 510 57 27 20 32 52 262 457 564 506 459 441 430 -7,!-s--n--J.-e----4"'<5---·9e----rBi.'i-4-5-4-4-68-54·8--H-8--4-6-l----4~G-~--- -- --- 43 15 19 26 127 413 462 485 511 404 403 437 , oJ Date: 12/9/2002 Time: 1 :29:26 PM I-'age:l ot 1:1 From: Martin A. Parish 619-390-8427 To: John Boarman EventCount-154 DATASETS: Site: ChannelA: ChannelS: - Survey Duration: File: Identifier: Algorithm: PROFILE: Filter time: _ Name: Method: Units: In profile: EventCount-154 Page 1 Traffic Data Service Southwest Event Counts ~ / [3150SE] Telegraph Canyon Rd Between Medical Crest Dr and Halecrest Eastbound 2 - East bound. - Added to totals. (1) o - Unused or unknown. - Excluded from totals. (0) 07:12 Mon 18 Nov 2002 to 16:42 Mon 25 Nov 2002 Z:\mcdata\LLG\2002\315\31506E26NOV2002. ECO (Plus) B1670JC5 MC56-1 [MC55] (c)Microcom 07/06/99 Event count 10:00 Mon 1 B Nov 2002 to 12:00 Fri 22 Nov 2002 Factory default profile Count axles divided by two. Non-Metric (ft, mi. f/s, mph, Ib, ton) 117231 Events · Mon 18 Nov 2002 - Total=21382(incomplete) , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1355 1425 1442 1540 339 316 359 370 336 342 360 406 340 390 352 397 340 377 371 367 1400 1500 1600 1700 1600 1900 2000 2100 2200 2300 1705 2109 2263 2378 2190 1527 1290 1085 .92 381 370 514 519 547 583 437 349 262 235 113 78 390 526 570 '37 576 392 340 309 180 91 62 470 524 560 595 520 337 297 256 150 sa 50 475 5<5 614 599 511 361 304 258 127 B9 69 PM PkHr 17:15 to 18:15 (n=2414), PM PHF=O.95 · Tue 19 Nov 2002 - Total=28487, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 140065õõ)~'~~1600 1900 259 153 93 n7 137 319 H56 1515 1493 1363 1335 1483 1422 1553 1736',20231~290/i2313..2183 1740 78 37 27 27 31 46 182 345 351 326 317 356 355 355 407 ....<t:r6 551 '""513"1 553 517 62 40 21 32 30 68 293 345 381 347 348 344 348 394 452 494 573 552 567 449 50 39 28 28 42 79 428 418 371 348 337 381 358 427 440 522 582 598 520 403 69 37 17 40 34 126 453 407 390 362 333 400 361 377 437 511 564 582 543 371 __AM PkHr 06:30to 07:30 (n=1571), AM PHF=O.87 PM PkHr 16:15 to 17:15 (n=2320), PM PHF=O.99 20002,100 2200 2300 1267 1149 748 no 358 300 208 113 B3 329 321 211 101 B3 301 276 167 92 B5 279 252 162 10' 47 · Wed 20 Nov 2002 - Total=28717, 15 minute drops, -~ 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400!í~~600i:;7~~~IBOO 1900 2000 2100 298 157 99 124 149 362 1412 1421 1566 1382 1384 1432 1478 1596 1742\ 2122 ;',2112 ';2312 f2186 1773 1292 1140 B3 45 24 19 31 45 187 311 349 321 334 340 360 371 396 -sz2 4"77 '555 585 517 320 275 83 40 24 43 32 67 310 303 404 341 337 349 3B3 400 396 513 535 577 567 491 356 301 85 35 30 33 33 86 434 380 410 346 358 371 358 414 465 547 513 587 546 3B6 329 298 47 37 21 29 53 164 481 427 405 374 355 372 377 411 485 540 587 393 488 379 287 266 AM PkHr 07:45 to 08:45 (n=1590), AM PHF=O.93 PM PkHr 17:15 to 18:15 (n=2342), PM PHF=O.99 2200 747 220 215 150 162 2300 '" 111 128 92 9B 74 63 58 49 -. Thu 21 Nov 2002 - Total=28591, 15 minute drops, ~ '--'..,~ 000001000200030004000500060007000800090010001100 1200 1300 1400/1500fI600'1700'1800 1900 2000 244 176 120 127 137 328 1425 1473 1494 1307 1241 1474 1490 1349 1702\2049t2147:2271i2186 1763 1346 74 56 38 30 21 39 200 335 386 324 308 351 374 370 377 '-^,Hj9"u"S26 ~-SZ8 583 509 382 63 45 32 30 22 58 352 340 355 337 312 370 384 409 399 509 504 589 567 434 343 58 33 22 38 39 77 447 395 393 296 307 378 344 363 463 500 552 562 515 432 316 49 42 28 29 55 154 426 403 360 350 314 375 388 407 463 551 565 592 521 3BB 305 AM PkHr06:15 to 07:15 (n=1560), AM PHF=O.S7 PM PkHr 17:15 to 1S:15 (n=2326), PM PHF=O.9S 2100 2200 2300 1217 825 500 295 252 140 '0' 331 238 126 " 313 177 121 67 278 158 113 69 · Fri 22 Nov 2002 - Total=1 0054(incomplete) , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 333 176 157 136 146 324 1425 1458 1581 1445 1378 1495 109 53 42 25 25 45 183 316 371 377 321 34B 88 52 49 43 27 51 331 309 396 329 317 388 -6-7------3'8----4'6----3-e---3-6----7-2-'4:;¡7_.'40-4~3.9J~3£6------3A.6__3.5.L__-_ _ __ _ ____ 69 41 20 30 56 155 474 429 417 373 394 401 -----~--,.._-- I v Date: 1219/2002 Time: 1:29:26 PM t-'age lU or I'" From: Martin A. Parish 619-390-8427 To: John Boarman Eventcount-154 DATASETS: -Site: ChannelA: ChannelS: - Survey Duration: File: Identifier: Algorithm: PROFILE: Filter time: - Name: Method: Units: In profile: EventCount-154 Page 1 Traffic Data Service Southwest Event Counts / , \/ , [31505] Telegraph Canyon Rd Between Medical Cntr Dr and Paseo Del Rey 2 - East bound. - Added to totals. (1) 4 - West bound. - Excluded from totals. (0) Eastbound 07:10 Man 18 Nov 2002 to 17:12 Man 25 Nov 2002 Z:\mcdata\LLG\2002\315\3150526NOV2002ECO (Base) A560XBG4 MC56-1 [MC55] (c)Microcom 07/06/99 Event count 10:00 Mon 18 Nov 2002 to 12:00 Fri 22 Nov 2002 Factory default profile Count axles divided by two. Non-Metric (It, mi, I/s, mph, Ib, ton) 104056 Events · Mon 18 Nov 2002 - Total=18937(incomplete} , 15 minute drops, -- 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1163 1222 1264 1346 300 268 313 335 287 304 310 345 266 338 311 346 310 312 330 316 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 1429 1765 1962 2132 2039 1449 1213 ". 633 352 3" <27 os, "8 571 430 331 241 20' " 61 344 423 50' 504 512 372 3D' 2.6 159 82 55 374 495 49' 59' 487 327 295 228 "9 78 37 397 <20 SOD 546 '69 320 283 213 116 93 64 PM PkHr 17:30 to 18:30 (n=2223), PM PHF=0.94 · Tue 19 Nov 2002 - Total=25295, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 14001500 1600 17.00 1800 1900 2000 2100 217 141 66 110 117 266 1300 1348 1270 1173 1155 1235 1259 1374 1511 1734 2007 2074 2042 1604 1165 1047 61 41 29 23 23 38 156 322 305 291 283 295 319 301 321 3 489 494 526 451 319 266 55 36 16 28 29 58 273 313 307 282 284 287 322 359 415 418 476 517 543 419 303 301 37 32 25 26 36 63 413 359 319 285 265 336 295 377 390 453 524 542 484 394 274 246 64 32 16 33 29 109 458 354 339 315 323 317 323 337 385 460 518 521 489 340 269 234 _AM PkHr06:30 to 07:30 (n=1506), AM PHF=0,82 PM PkHr 17:30 to 18:30 (n=2132), PM PHF:;0.9g · Wed 20 Nov 2002 - Total=25537, 15 minute drops, 00000100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 16 0 1700_1800 1900 2000 2100 2200 242 152 62 108 129 2991364128613301222122312391278140215021792 1871 2091;1979 1637 1194 1044 683 65 55 18 16 26 34 176 328 276 296 294 290 294 314 345 "J"U 4",,---&1..9-'- 535 460 304 245 203 63 38 20 37 27 58 283 293 332 276 292 282 345 336 370 408 464 501 492 431 308 280 182 74 28 23 33 27 74 419 342 349 300 286 349 299 383 394 508 447 535 516 361 289 277 156 40 31 21 22 47 133 484 323 373 350 351 318 340 369 393 446 494 536 436 365 293 242 142 AM PkHr06:30 to 07:30 (n=1524), AM PHF=D.79 PM PkHr 17:15 to 18:15 (n=2107), PM PHF=D.98 -. Thu 21 Nov 2002 - Total=25518, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700;1800 1900 2000 2100 2200 204 149 104 119 109 276 1366 1320 1280 1175 1147 1297 1316 1371 1479\1730 1880 2018)2000 1629 1270 1082 750 64 49 36 31 17 37 191 335 333 302 293 293 338 328 316 --'¡'O'Z 455 50'5 546 477 377 266 235 51 40 27 24 20 45 325 317 293 279 246 353 321 348 364 454 433 494 512 405 300 294 212 44 23 16 32 34 61 425 336 318 276 314 324 287 316 388 421 514 486 495 414 298 280 163 45 37 25 32 38 133 425 332 336 318 294 327 370 379 411 453 478 533 447 333 295 242 140 AM PkHr 06:15 to 07:15 (n=151D), AM PHF=0.89 PM PkHr 17:45to 18:45 (n=2086), PM PHF=0.96 · Fri 22 Nov 2002 - Total=8769(incomplete) , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 307 163 141 118 125 270 1384 1291 1327 1262 1164 1217 106 42 35 21 27 42 158 312 306 329 268 282 83 46 42 33 23 45 294 280 302 286 273 297 --!>S--3..4-4-:b---3-6---l2---5.5--4-2-<1 '<<;1 '<<1A--~__2.S.L lOft..... -_ __________ 60 41 23 28 43 128 508 348 375 330 330 330 2200 6" 200 189 153 150 2300 366 105 .5 79 " 65 63 74 '0 2300 3.. 109 109 85 85 64 51 44 45 2300 447 127 115 106 99 106 83 5. 60 ----- - \ j From: Martin A Parish 619-390-8427 To: John Boarman uate: lLf'dILUUL lime: I:L'=I.LO r-IVI Traffic Data Service Southwest Event Counts EventCount-154 DATASETS: -Site: ChannelA: ChannelB: _ Survey Duration: File: Identifier: Algorithm: [31505] Telegraph Canyon Rd Between Medical Cntr Dr and Paseo Del Rey 2 - East bound. . Excluded from totals. (0) 4 - West bound. - Added to totals. (1) Westbound 07:10 Man 18 Nov 2002 to 17:12 Mon 25 Nov 2002 Z:\mcdataILLG\20021315\3150526NOV2002. ECO (Base) A560XBG4 MC56-1 [MC55] (c)Microcom 07/06/99 Event count PROFILE: Filter time: Name: Method: Units: In profile: 10:00 Mon 18 Nov 2002 to 12:00 Fri 22 Nov 2002 Factory default profile Count axles divided by two. Non-Metric (ft, mi, f/s, mph, Ib, tön) 111193 Events * Mon 18 Nov 2002 - Total=17676[incomplete), 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 1579 1552 1509 1514 1533 1994 1595 1654 127a 937 931 7a5 _ 422 372 418 405 373 4ao 415 432 305 273 247 259 416 388 435 346 357 491 417 451 334 236 242 212 386 411 396 404 379 513 367 405 322 239 202 179 355 381 360 359 424 510 396 366 317 189 240 135 PM PkHr 15:00 to 16:00 (n=1994), PM PHF=0.97 * Tue 19 Nov 2002 - Total=26823, 15 minute drops, 0000 0100 0200 0300 0400 0500(0600 0700 080Ò 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 105 76 76 115 299 1014\1813 1935 1996r1703 1565 1518 1519 1449 1615 1912 1650 1661 1307 1042 36 26 19 26 41 162 4jj q~~ 486 422 406 394 406 362 347 455 414 397 317 293 29 17 19 30 62 189 470 479 523 441 375 341 356 372 366 447 448 480 329 259 22 15 21 31 97 310 408 461 503 411 377 404 371 366 419 486 393 418 353 245 18 18 17 28 99 353 502 514 484 429 407 379 385 349 483 524 395 366 308 245 AM PkHr 07:45 to 08:45 (n=2026), AM PHF=0.97 PM PkHr 15:00 to 16:00 (n=1912), PM PHF=D.91 * Wed 20 Nov 2002 . Total=27233, 15 minute drops, 0000 0100 0200 0300 0400 050011)600 0700 0800\0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 112 62 70 94 277 1056,181~ 2009 198611610 1572 1564 1658 1513 1617 1965 1605 1713 1361 1041 37 18 15 19 29 172 421· 4f::U:j ¡¡'S9 425 444 381 478 370 377 420 410 451 337 280 30 14 14 20 54 224 477 564 538 440 377 387 438 388 366 521 431 472 345 272 30 13 19 29 97 327 451 451 506 387 345 371 368 422 420 530 389 388 358 254 15 17 22 26 97 333 467 50S 454 358 406 425 374 333 454 4514 375 402 321 235 AM PkHr 07:45 to 08:45 (n=2037), AM PHF=0.95 PM PkHr 15:00 to 16:00 (n=1965), PM PHF=D.93 -* Thu 21 Nov 2002 - Total=27170 1 ro.in!I!e drops, 0000 0100 0200 0300 0400 050 0600 0700 0800~0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 120 78 49 100 289 1048\1835 1974 1987;1648 1515 1487 1447 1465 1691 15168 1621 1743 1375 1100 948 33 20 12 14 44 139 );157 <,¡:>:,I ï;l18' 408 358 387 400 329 417 439 377 435 365 288 206 33 29 13 21 54 218 435 541 516 426 360 324 351 385 366 475 428 505 349 271 288 34 13 13 34 79 306 451 428 539 408 360 404 372 388 423 531 404 420 341 256 228 20 16 11 31 111 385 492 546 454 406 437 372 324 363 485 523 412 383 320 285 226 A.M PkHrO,7:45 to 08:45 (n=2079), AM PHF=0.95 PM PkHr 15:00 to 16:00 (n=1968), PM PHF=0.93 * Fri 22 Nov 2002 - Total=12290(incomplete) , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 185 76 62 100 293 998 1648 2040 2025 1636 1621 1606 62 27 22 11 35 134 398 560 539 472 424 435 53 20 16 28 50 224 400 548 510 413 406 385 37 13 14 _]L 93 264 430 437 490 363 404 412 33 16 10 25 115 376 420 495 486 388 387 --IT'¡- 2000 .71 243 250 244 234 2000 ." 270 243 251 228 2100 74. 236 196 164 148 2100 742 240 210 179 113 2100 812 239 219 174 180 2200 421 III 130 103 77 2300 294 8' 76 83 46 2200 '" 160 102 30 99 2300 "8 79 89 64 56 2200 485 153 129 102 101 2300 314 83 99 87 45 2200 529 155 135 117 122 2300 342 119 88 80 55 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 - - - --~------ ~ - - - --=--~- - .--CO!:j'" , I VI EventCount-154 Page 1 r¿ 36 29 22 18 37 30 30 15 33 33 34 20 62 53 37 33 From: Martin A. Parish 619·390~8427 To: John Boarman Date: 12/9/2002 Time: 1 :29:26 PM Page 12 of 19 EventCount-154 Page 1 Traffic Data Service Southwest Event Counts EventCount-154 DATASETS: Site: ChannelA: ChannelB: "-- Survey Duration: File: Identifier: _ Algorithm: [31504] Telegraph Canyon Rd Between Paseo Ranchero and Paseo ladera 2 - East bound. - Added to totals. (1) 4 - West bound. - Excluded from totals. (0) Eastbound 0710 Man 18 Nov 2002 to 16:46 Man 25 Nov 2002 Z:\mcdata\LLG\2002\315\3150426NOV2002.ECO (Base) A64958FM MC56-1 [MC55] (c)Microcom 07/06/99 Event count PROFilE: Filter time: -- Name: Method: Units: In profile: 10:00 Mon 18 Nov 2002 to 12:00 Fri 22 Nov 2002 Factory default profile Count axles divided by two" Non-Metric (ft, mi, f/s, mph, Ib, ton) 82346 Events _" . Mon 18 Nov 2002 - Total=148S2(incomplete) ,15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0600 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 ass ,.. '29 ,sa 1098 1414 1525 1766 1675 1127 '" 777 .16 2" 238 198 252 226 243 313 330 41. ,SO 315 283 196 182 81 51 172 218 21. 268 249 331 393 412 442 295 247 213 122 72 49 - 216 257 234 241 298 367 391 ,a, 393 241 232 186 129 72 32 232 296 229 233 30. 383 .11 451 390 276 235 182 63 69 .6 PM PkHr 17:30 to 18:30 (n=1832), PM PHF=0.94 · Tue 19 Nov 2002 - Total=20206, 15 minute drops, 14006500 17ÛÕ"11800 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1600 1900 2000 2100 2200 2300 179 129 79 " " 20' 995 1121 '" '" 901 ". 940 1072 1203\1352 1586 1739 11637 1310 957 959 ". 3" 51 37 23 17 22 33 11. 231 263 216 213 237 249 230 290 294 38/ 406 '" 356 254 226 168 95 54 49 32 19 27 25 31 196 2" 246 241 214 219 248 298 338 332 360 '34 44. 356 266 230 16. 69 53 32 29 22 27 30 54 322 305 229 214 213 284 216 302 303 384 .28 453 373 302 214 224 122 61 66 46 31 14 29 21 87 363 317 256 226 261 256 227 242 292 342 411 '45 409 296 223 179 102 80 31 M AM PkHr06:30 to 07:30 (n=1184), AM PHF=0.82 PM PkHr 17:30 to 18:30 (n=1754), PM PHF=0.97 · Wed 20 Nov 2002 - Total=20350, 15 minute drops, 140Q/ísoo 17Qõ..,1800 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1600 1900 2000 2100 2200 2300 204 122 67 100 110 220 1067 1095 1089 912 '" 960 '" 1107 1183\1416 1474 1743~1612 1304 "0 927 530 326 54 40 17 14 26 32 122 259 223 246 22' 210 227 245 282 -:07 "" 013'8"" 428 367 256 206 173 87 56 53 31 21 30 26 39 194 231 279 214 194 229 247 280 293 333 395 423 415 344 259 209 151 '6 44 66 25 14 34 20 " 329 295 278 203 221 261 266 289 296 398 342 420 401 288 262 226 112 80 37 31 26 15 22 38 95 422 311 309 249 263 261 246 293 312 348 396 '" 368 305 214 If!? 94 73 36 AM PkHr06:30 to 07:30 (n=1240), AM PHF=0.73 PM PkHr 17:00 to 18:00 (n=1743), PM PHF=0.94 · Thu 21 Nov 2002 - Total=201S2, 15 minute drops, 1300 1400tl500 17òõ",lBOO 1900 2000 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1600 2100 2200 2300 173 115 92 105 97 208 1075 1128 977 97' 945 '" 9B' 99411521141415621676 '1624 1331 1024 977 '88 351 56 39 29 21 14 33 145 241 222 218 215 '" 255 226 243 '""TI't'J--:3'6T-3"69'" 45' 397 292 218 199 90 88 44 32 19 20 19 36 210 271 257 217 195 250 233 272 302 353 400 .64 414 335 266 234 165 94 63 37 18 10 33 23 59 3" 304 231 201 220 235 234 239 291 351 391 '" '05 305 227 236 127 91 .. 36 27 25 31 31 B1 356 312 267 238 215 261 26. 258 316 390 .19 432 346 304 239 189 98 76 36 AM PkHr 06:30 to 07:30 (n=1232), AM PHF=0.85 PM PkHr 17:15 to 18:15 (n=1766), PM PHF=O,9S · Fri 22 Nov 2002 - Total=6705(incomplete) , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 23. 139 121 109 " 205 1025 1024 1055 935 955 905 88 35 31 17 19 30 106 236 249 245 197 206 63 35 40 27 19 32 196 226 247 205 198 221 ~4-B-----3-r-_'-3"2-_4-û----2-§_4.7-----3-J-2--2-6-l_2-65--.-2-32-,-235--2-3-3---=- --~._.- -- -----=------=------:""- - -.------- 36 36 18 25 35 96 3Sl 281 294 253 225 245 v- " I J Date: 12f9f2002 Time: 1 :29:26 PM r'age 1.:1 OT -1\::1 From: Martin A. Parish 619-390-8427 To: John Boarman EventCount-154 DATASETS: - Site: ChannelA: ChannelB: - Survey Duration: File: Identifier: Algorithm: PROFILE: Filter time: _ Name: Method: Units: In profile: EventCount·154 Page 1 Traffic Data Service Southwest Event Counts F , [31504] Telegraph Canyon Rd Between Paseo Ranchero and Paseo Ladera 2 - East bound. - Excluded from totals. (0) 4 - West bound - Added to totals. (1) Westbou nd 07:10 Man 18 Nay 2002 to 16:46 Man 25 NaY 2002 Z:lmcdataILLGI2002131513150426NOV2002. ECO (Base) A64958FM MC56-1 [MC55] (c) Microcom 07/06/99 Event count 10:00 Mon 1 B Nov 2002 to 12:00 Fri 22 Nov 2002 Factory default profile Count axles divided by two. Non-Metric (It, mi, fls, mph, Ib, ton) 92464 Events · Mon 18 Noy 2002 - Total=14342(incomplete), 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1600 1900 2000 2100 2200 2300 12B5 1249 1371 1194 1291 1547 1242 1314 1071 722 814 685 359 198 374 328 384 309 278 370 341 322 239 219 212 231 126 60 20 316 306 343 313 275 004 328 371 301 187 205 160 92 59 19 301 310 324 293 314 360 271 311 275 179 168 150 81 47 16 290 305 320 279 424 413 302 310 252 137 229 124 60 32 14 PM PkHr 14:45 to 15:45 (0=1558), PM PHF=O,Q2 · Tue 19 Noy 2002 - Total=2234 15 minute drops, 0000 0100 0200 0300 0400 0500 600 070008 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 " 62 " 106 254 880 562 17 0 (6)1411 1246 1219 11Bl 1170 136B 1507 1325 1337 1142 813 838 666 3" 180 20 20 17 28 36 134 371 440 472 355 316 330 307 293 273 365 344 342 260 221 198 198 138 53 23 15 14 19 25 58 166 384 425 450 364 288 271 263 328 302 349 337 362 317 221 223 193 77 54 25 16 18 16 28 76 286 365 024 434 357 310 314 303 276 353 371 291 319 294 165 206 147 89 35 21 14 10 17 25 64 290 438 493 410 335 332 304 308 273 440 422 353 314 271 206 211 128 75 38 14 _ AM PkHr07:45 to 08:45 (n=184Q),AM PHF=D.94 PM PkHr 14:45 to 15:45 (n=1525), PM PHF=0.87 · Wed 20 Nov 2002 - Total=22.§.&...15 minute drops, 0000 0100 0200 0300 0400 050010600 0700 0800\0900 1000 HOD 1200 1300 1400 1500 16001700 1800 1900 2000 2100 2200 2300 83 48 58 74 24. 930\1533 1B45 17B6;1405 12BO 1311 125B 1224 1376 1609 1315 1327 1154 8" 871 685 387 223 23 11 15 12 28 137 371 445 459 385 348 353 386 306 301 370 337 363 273 233 231 200 116 63 19 25 12 9 14 46 207 395 '79 496 362 304 295 328 334 309 3.4 346 360 316 193 214 205 111 73 22 21 13 19 26 82 272 364 403 420 359 253 305 277 331 364 016 305 292 295 183 206 161 81 " 25 14 12 15 22 93 314 403 518 011 299 335 358 267 253 402 ". 327 312 270 197 220 119 79 38 19 AM PkHr 07:45 to 08:45 (n=1893), AM PHF=0.91 PM PkHr 15:00 to 16:00 (n=1609), PM PHF=O.94 - . Thu 21 Noy 2002 - Total=22§.~....1Ji.Jnin.ute drops, 0000 0100 0200 0300 0400 0500j0600 0700 080(t~0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 85 63 41 78 262 908;1570 1748 1843,1375 1245 1162 1079 1185 1410 1533 1332 1415 1149 885 810 720 430 216 19 21 12 12 35 119 ·no q¿U 506 351 322 312 3D' 254 318 347 336 363 299 271 171 217 131 77 45 22 14 8 17 " 186 388 446 42. 380 288 270 251 315 264 371 313 412 312 195 232 203 109 64 38 25 15 12 25 65 267 366 402 494 342 278 291 281 304 367 011 326 322 270 202 200 153 104 41 27 19 13 . " 103 336 446 480 415 302 357 289 243 312 441 '0' 357 318 268 217 203 147 86 34 23 AM PkHr 07:45 to 08:45 (n=1908),AM PHF=o.94 PM ÞkHr 14:45 to 15:45 (n=1570), PM ÞHF=O.SQ · Fri 22 Noy 2002 - Total=1 0411 (incomplete) , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1600 1900 2000 2100 2200 2300 133 " 53 .3 247 838 1430 1813 1770 1354 1319 1312 45 19 19 10 26 "' 325 46' 081 382 336 376 38 15 15 26 48 179 358 481 421 322 350 302 __;p__l3__1D-__---3.l..--!i."L-2~3A_~3_9~4.1L-37.5 274 339 -------~ ------ 23 12 9 16 106 316 403 472 451 325 359 295 - - ----------- / From: Martin A. Parish 619-390-8427 To: John Boarman Date: 121912002 Time: 1 :29:26 PM Page 14 of 19 EventCount-154 DATASETS: Site: ChannelA: ChannelB: Survey Duration: File: Identifier: Algorithm: PROFILE: Filter time: Name: Method: Units: In profile: EventCount-154 Page 1 Traffic Data Service Southwest Event Counts r (:jl [31503] East H Street Between Tierra Del Rey and Paseo Ranchero 2 - East bound. - Added to totals. (1) 4 - West bound. - Excluded from totals. (0) 07:15 Mon 18 Nov 2002 to 16:33 Mon 25 Nov 2002 Z:\mcdata\LLG\2002\315\3150326NOV2002 ECO (Base) A645ZJ44 MC56-1 [MC55] (c)Microcom 07106/99 Event count Eastbound 10:00 Mon 18 Nov 2002 to 11 :00 Fri 22 Nov 2002 Factory default profile Count axles divided by two. Non-Metric (It, mi, fls, mph, Ib, ton) 94367 Events _ . Mon 18 Nov 2002 - Total=18082(incomplete) , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0600 0900 1000 1100 1200 1300 1118 1268 1409 1391 261 292 356 342 209 311 331 377 308 283 356 343 340 382 364 329 1400 1500 1600 1700 1600 1900 2000 2100 2200 2300 1560 1716 1B08 1997 1800 1417 1074 775 "5 262 357 44' 441 '" '56 '" 288 223 176 75 39 415 385 447 505 474 366 286 195 126 63 41 377 422 460 513 469 293 258 179 100 68 38 411 '67 460 510 401 354 242 178 83 56 32 PM PkHr 17:00 to 18:00 (n=1997), PM PHF=0.97 · Tue 19 Nov 2002 - Total=23335. 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 07000800 0900 1000 1100 1200 1300 140 1500 1600 1700 1800 1900 2000 2100 2200 2300 150 71 51 .1 80 151 815 1538 1256 1132 1025 1327 1264 l427 156a.. 1720 1758 1834 ~883 1480 1119 888 .93 272 39 17 17 6 19 19 91 274 390 301 227 272 310 372 345 l l:; 387 468 "3 '39 306 229 188 79 55 41 23 16 18 15 30 141 310 283 295 233 304 285 372 438 420 446 '59 541 416 262 211 123 83 4B 38 17 9 7 21 41 259 428 286 253 305 329 338 331 374 '44 '" 422 ... 330 278 229 98 67 44 32 14 9 10 25 61 324 "5 297 283 260 422 331 352 403 437 451 485 435 295 253 219 84 43 36 _ AM PkHr 07:15 to 08:15 (n=1654), AM PHF=0.79 PM PkHr 17:45 to 18:45 (n=1933), PM PHF=0.89 · Wed 20 Nov 2002 - Total=23435, 15 minute drops, 0000 0100 0200 03000400 0500 0600 070008000900 1000 1100 1200 1300 1400(1500 1600 1700 1800 1900 2000 2100 2200 2300 >83 87 57 41 40 147 938 1474 1357 1092 1108 1299 1320 1407 1489\1739 1630 1893 1781 1432 n99 '17 .as 317 55 25 16 12 6 21 95 343 374 286 243 303 336 354 351 '22 3S 46 .55 371 311 259 163 91 53 46 23 9 8 7 25 152 268 300 225 250 295 323 372 368 .34 407 433 ." 429 319 265 132 68 45 44 23 20 8 11 30 284 383 299 255 279 331 309 326 328 '" 411 '" 436 310 287 214 94 77 44 36 16 12 13 16 71 407 .80 384 326 336 370 352 355 422 429 415 515 397 322 282 179 99 61 33 AM PkHr 07:30 to 08:30 (n=1537), AM PHF=0.80 PM PkHr 17:30 to 18:30 (n=1922), PM PHF=0.93 · Thu 21 Nov 2002 - Total=23265, 15 minute drops, 1100 1200 1300 1400tí500 1600 170ò\1800 1900 2000 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 2100 2200 2300 175 79 53 39 " >48 820 1398 1284 1078 1048 1275 1340 1381 1577 '.1653 1687 1917t1810 1531 1186 '15 498 3>7 53 17 20 9 9 18 80 290 3" 285 234 293 342 33> 376 4lf4 416-459 440 438 287 252 162 99 49 45 33 10 8 12 26 159 257 295 293 258 274 301 347 397 397 409 ." 495 415 300 256 132 75 50 44 16 14 13 20 29 269 377 293 256 274 321 336 319 373 422 421 480 '71 341 307 216 115 71 37 33 13 9 9 14 75 312 47. 341 244 282 387 361 384 431 430 4~1 .92 '04 337 292 192 89 72 25 AM PkHr 07:30 to 08:30 (n=1501), AM PHF=0.79 PM PkHr 17:00 to 18:00 (n=1917), PM PHF=0.97 · Fri 22 Nov 2002 - Total=6249(incomplete) , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 161 83 69 51 57 176 853 1315 1300 1057 1127 49 36 13 11 13 21 85 295 346 263 252 50 24 26 12 16 36 143 250 287 220 238 ---:n----l-:r----1-"1----l-3---t-5----4-?------Z-3-l------3-59-2-9-9- 26;J,- J.Q4-----=- 25 12 13 15 13 77 394 411 368 313 333 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 ----- ~---- -- ..---------- From: Martin A. Parish 619-390-8427 To: John Boarman Date: 12/9/2002 Time: 1:29:26 PM r'age 1::' Of -¡!oj EventCount-154 Page 1 Traffic Data Service Southwest Event Counts í' i.51 EventCount-154 DATASETS: Site: ChannelA: ChannelB: - Survey Duration: File: Identifier: Algorithm: [31503] East H Street Between Tierra Del Rey and Paseo Ranchero 2 - East bound. - Excluded from totals. (0) 4 - West bound. - Added to totals. (1) 07:15 Mon 18 Nov 2002 to 16:33 Mon 25 Nov 2002 Z:lmcdataILLGI2002131513150326NOV2002. ECO (Base) A645ZJ44 MC56-1 [MC55] (c)Microcom 07/06/99 Event count Westbound PROFILE: Filter time: _ Name: Method: Units: In profile: 10:00 Mon 18 Nov 2002 to 11 :00 Fri 22 Nov 2002 Factory default profile Count axles divided by two. Non-Metric (It, mi, f/s, mph, Ib, ton) 97227 Events · Mon 18 Nov 2002 - Total=16863(incomplete) , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 1524 1578 1723 1527 1497 1809 1540 1484 1393 9" 792 606 279 121 446 422 474 410 338 420 355 371 372 271 234 192 98 34 32 351 414 460 378 349 >01 399 353 373 282 202 164 75 40 10 353 370 405 417 387 475 383 358 338 228 166 152 54 30 18 374 372 384 322 423 413 403 402 310 209 190 98 52 17 15 PM PkHr 14:45 to 15:45 (n=1819), PM PHF=0.91 · Tue 19 Nov 2002 . Total=23847 5 mi te drops, 0000 0100 0200 0300 0400 0500 0600 0700080,0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 75 '6 32 71 210 625\1199 1614 17631 1433 1423 1529 1469 1487 1578 1855 1527 1569 1419 9" .91 621 318 141 32 15 10 10 31 115 274 3~'1!'"'" 385 375 422 419 343 350 44. 395 384 378 270 251 200 117 51 19 10 14 8 17 51 119 316 366 .56 377 316 397 372 375 360 493 .19 415 344 237 221 168 80 26 20 16 7 4 23 51 171 291 38' .06 323 345 354 367 405 416 437 355 377 362 205 220 134 59 37 14 15 10 10 21 77 220 318 470 423 348 387 356 311 364 452 481 358 393 335 240 199 119 62 27 19 _ AM PkHr 07:45 to 08:45 (n=1810), AM PHF=0.95 PM PkHr 15:00 to 16:00 (n=1855), PM PHF=0.94 · Wed 20 Nov 2002 - Total=24064, 15 minute drops, 0000 0100 0200 0300 0400 0500(ò600 0700 0800'\ 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 72 .. .1 51 172 590\1173 1680 1740:1440 1489 1562 1694 1509 1483 1796 1494 1560 1462 1076 90. 60. 255 161 19 12 7 , 23 96 25:' JOI;¿--s-ðo' 407 446 438 470 405 348 395 372 412 347 304 228 194 74 50 19 20 18 8 10 31 124 311 461 ..1 379 355 348 417 400 321 ... 366 409 366 305 230 193 80 43 25 14 9 9 16 52 164 295 372 399 312 332 380 404 393 398 410 360 348 390 239 238 141 55 42 16 19 9 17 16 66 206 312 455 400 342 356 396 403 311 416 .95 396 391 359 228 212 80 46 26 16 AM PkHr 07:45 to 08:45 (n=1795), AM PHF=D.9D PM PkHr 15:00 to 16:00 (n=1796), PM PHF=0.91 --. Thu 21 Nov 2002 - Total=24036. 15 minute drops, 0000 0100 0200 0300 0400 050ofõ600 0700 080~,0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 76 47 22 " 17. 583\1154 1695 159111490 1512 1494 1542 1471 1540 1769 1546 1664 1441 1091 .61 656 394 161 19 14 7 6 24 89 ""'Z$i iiõl--;{70· 361 366 401 41. 354 337 390 390 404 371 308 211 233 147 50 15 25 13 3 12 2. 116 30' .45 357 403 369 354 400 387 333 '66 366 450 371 284 222 180 94 43 23 16 10 6 19 55 166 286 3.6 398 384 385 3.5 369 372 391 433 387 401 381 260 204 153 79 37 19 16 10 6 21 71 212 313 463 366 342 392 354 359 358 m ..0 403 40' 318 239 224 90 74 31 17 AM PkHr07:15 to 08:15 (n=1764), AM PHF=D.94 PM PkHr 15:00 to 16:00 (n=1769), PM PHF=O.92 · Fri 22 Nov 2002· Totai=8416(incomplete) , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 74 46 34 56 18. 595 1123 1628 1714 1398 1560 15 12 13 10 28 83 253 382 503 410 412 23 10 B 7 36 132 276 438 44' 315 412 , «------.lO_L_.19~L_15.5_. _2-ª-º-;l64 393 323 349 17 14 7 20 75 225 308 444 374 350 387 -----.-- - - --- From: Martin A. Parish 619-390-8427 Ta: Justin Rasas Date: 12/13/2002 Time: 3:13:30 PM Page L at 3 EventCount-160 DATASETS: Site: ChannelA: ChannelB: Survey Duration: File: Identifier: Algorithm: PROFilE: Filter time: Name: Method: Units: In profile: EventCount-160 Page 1 Traffic Data Service Southwest Event Counts IA [31502] East H Street Between Del Rey Blvd and Paseo Del R.ey 2 - East bound. - Added to totals. (1) 4 - West bound. . Excluded from totals. (0) 07:14 Man 18 Nov 2002 to 17:20 Man 25 Nov 2002 Z\mcdata\LLG\2002\315\3150226NOV2002. ECO (Base) A5613NKO MC56-1 [MC55] (c)Microcom 07/06/99 Event count Eastbound 10:00 Mon 18 Nov 2002 to 12:00 Fri 22 Nov 2002 Factory default profile Count axles divided by two. Non-Metric (ft, mi, f/s, mph, Ib, ton) 106659 Events · Mon 18 Nov 2002 - Total=19923(incomplete), 15 minute drops, 00000100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 - 1244 1444 1650 1558 1804 1975 2062 2220 1975 1463 1016 797 ". 250 2" 350 .28 396 421 475 .47 .17 .81 .18 283 20' 186 " 43 - 260 337 .0. 415 458 '87 533 57. 550 367 252 209 117 62 43 - 321 341 403 366 433 501 535 559 '" 320 263 196 96 67 40 - 399 416 415 379 492 512 547 565 446 358 218 183 66 57 31 PM PkHr 17:00 to 18:00 (n=2220), PM PHF=O.96 · Tue 19 Nov 2002 - Total=25934, 15 minute drops, 1300 1400fÍ500 1600 00000100 0200 0300 0400 0500 0600 C700 0800 C900 100C 1100 12CC 1700\1800 1900 2000 2100 2200 2300 157 70 sa 52 lOS 205 894 1701 1407 1245 1297 H99 1532 1653 1770\1929 1968 204012036 1556 1126 871 480 2SO 43 17 22 7 23 33 118 302 '17 347 322 360 363 400 J95 485 411 ~21 492 480 338 204 158 80 47 43 17 16 17 20 " 165 366 347 301 285 301 359 '" 457 478 547 501 '47 425 266 221 120 73 53 40 16 12 6 26 55 281 ." 300 289 328 402 420 418 '" 485 '" 467 508 354 255 "8 113 " 41 31 20 8 22 39 73 330 '24 343 308 362 436 390 '11 '" 481 512 551 48. 297 265 198 89 53 28 AM PkHrÐ7:15 to 08:15 (n=1816), AM PHF=Ð.87 PM Pk~r 17:45to 18:45 (n=2Ð98), PM PHF=O.95 · Wed 20 Nov 2002 - Total=26372, 15 minute drops, 1400 ;1500 1700ì1800 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1600 1900 2000 2100 2200 2300 16' 85 71 " 78 210 1042 1595 1506 1254 1335 1548 1579 1634 1739 'J.997 188 2.145 2054 1558 1141 '" 481 323 47 27 16 . 11 37 120 334 40' 348 311 358 397 408 419 480 478 528 553 457 319 231 134 82 56 53 17 16 . 12 26 179 310 34' 267 286 337 365 431 436 564 '34 517 507 41. 281 263 144 91 51 41 20 16 15 20 44 312 4" 345 303 317 399 415 39' 406 488 481 522 513 371 274 222 103 93 43 28 21 19 16 35 103 431 532 410 336 421 45' 402 401 478 465 490 578 481 311 267 160 100 57 30 AM PkHr 07:30 to 08:30 (n=1702), AM PHF=Ð.8Ð PM PkHr 17:15to 18:15 (n=2170), PM PHF=Ð.94 · Thu 21 Nov 2002 - Total=25896, 15 minute drops, 1300 1400''ísoo 1600 170011800 1900 2000 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 2100 2200 2300 180 80 65 " 85 208 909 1492 1435 1295 1273 1561 1567 1571 1744,1940..1.958 198011979 1542 1185 937 528 338 56 19 " 10 16 34 102 30' 4" 332 301 322 420 397 420 463 457 459 47. 465 323 238 180 lOB 46 51 32 15 10 15 35 175 280 34. 302 296 379 379 374 '09 496 '71 495 548 428 289 273 138 72 62 43 11 17 11 19 48 296 418 312 313 310 409 390 373 457 485 526 498 509 337 309 228 109 69 35 30 16 9 13 35 91 336 490 369 348 360 451 378 427 458 496 50. '28 '47 312 264 198 101 B9 26 AM PkHr Ð7:30 to 08:30 (n=1662), AM PHF=O.85 PM PkHr 17:45 to 18:45 (n=2060), PM PHF=0.94 · Fri 22 Nov 2002 - Total=8533(incomplete) , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 169 102 93 72 os 222 959 1440 1464 1269 1376 1272 46 37 19 15 21 30 108 287 380 289 336 371 62 27 38 17 19 40 190 275 342 277 310 325 ---3"5-- 2-r-----l-7---1-1-------2-3------54-- 2_4S-----40-9---_;!l-B--_:ò-34----324_.3_8.5_ --~---- ------ .--- ~-- -- -- ---- 26 17 " 29 32 98 416 46. '" 369 356 191 From: Martin A. Parish 619-390-8427 To: Justin Rasas Date: 12/13/2002 Time: 3:13:30 PM Page 3 of3 EventCount-160 Page 1 Traffic Data Service Southwest Event Counts '~ \ EventCount-160 DATASETS: Site: ChannelA: ChannelB: Survey Duration: File: Identifier: _ Algorithm: [31502] East H Street Between Del Rey Blvd and Paseo Del Rey 2 - East bound. - Excluded from totals. (0) 4 - West bound. - Added to totals. (1) 07:14 Man 18 Nov 2002 to 17:20 Man 25 Nov 2002 Z:\mcdata\LLG\2002\315\3150226NOV2002. EGO (Base) A5613NKO MG56-1 [MG55] (c)Microcom 07/06/99 Event count Westbound PROFILE: Filter time: - Name: Method: Units: In profile: 10:00 Mon 18 Nov 2002 to 12:00 Fri 22 Nov 2002 Factory default profile Count axles divided by two. Non-Metric (It, mi, fls, mph, Ib, ton) 110186 Events _ . Mon 18 Nov 2002 . Total=19043(incomplete) , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 - 1434 1718 1821 1817 1659 1919 1620 1651 1494 1232 1108 '" 410 '7' 313 527 464 464 374 .26 413 420 36. 293 320 304 142 74 44 - 377 404 511 454 420 ,., 411 44' 426 381 261 201 102 61 25 - 368 397 458 467 421 '" 361 410 356 '92 238 203 81 71 33 - 376 390 388 432 444 ... .35 379 348 266 289 178 85 68 25 PM PkHr 15:00 to 16:00 (n=1919), PM PHF=0.90 · Tue 19 Nov 2002 . Total-2 inute drops, 0000 0100 0200 0300 0400 0500 06000700 0800,09001000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 127 61 41 " ,., 675 1-11301759 1857/1470 1454 1644 1636 1688 1714 1948 1654 1705 1479 1161 1174 '" .., '" 44 22 12 6 26 123 311 416 469 383 372 457 400 392 369 '" 386 .37 387 328 308 264 192 82 40 25 14 9 17 .. 129 395 437 497 375 345 390 427 418 430 '57 465 459 401 296 294 236 102 58 35 33 13 , 18 54 196 321 413 ..0 378 361 405 395 486 444 "7 387 416 345 285 268 157 78 59 20 25 12 11 21 67 227 397 493 451 334 376 392 414 392 471 469 416 393 346 252 304 194 70 70 20 -- AM PkHr 07:45 to 08:45 (n=1899), AM PHF=0.96 PM PkHr 14:45 to 15:45 (n=1950), PM PHF=D.88 · Wed 20 Nov 2002 - Total=2715 ¡nute drops, 0000 0100 0200 0300 0400 0500 0600 0700 08000900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 115 62 .. 53 168 63711363 1831 1768 1478 1573 1669 1833 17n 1718 1908 1757 1 n8 1544 1330 1230 872 391 315 40 19 14 10 18 97 . 390 405 414 537 486 444 471 465 455 403 378 326 281 137 66 36 35 18 10 12 29 134 348 512 463 386 386 393 471 432 392 5De 447 464 374 337 293 242 96 95 34 20 11 7 15 54 162 377 400 410 347 370 410 389 449 419 .45 401 396 389 318 290 211 75 78 32 20 14 17 16 67 224 340 48. 396 355 412 .52 436 404 463 48. 444 403 378 297 321 138 83 56 26 AM PkHr 07:15 to 08:15 (n=1895), AM PHF=0.g3 PM PkHr 15:00 to 16:00 (n=1908), PM PHF=D.94 · Thu 21 Nov 2002 . Total=26780 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 128 69 30 5' 187 636i1340 1814 1727 1500 1561 1623 1704 1730 1757 1856 1710 1658 1546 1298 1165 903 524 260 36 18 6 8 23 98 293 433 471:f' 393 358 433 455 433 405 ... 455 430 419 341 314 261 180 101 35 34 18 8 9 26 123 340 48. 435 377 406 40S 437 421 452 5n 442 450 395 340 302 249 125 60 34 32 18 , 17 54 176 367 .28 406 373 361 403 405 448 437 .., 412 407 345 302 251 238 106 51 23 26 15 7 20 84 239 340 .69 414 357 .,6 378 407 428 463 443 401 371 387 315 298 155 113 46 33 AM PkHr 07:15 to 08:15 (n=1851), AM PHF=D.96 PM PkHr 14:45to 15:45 (n=1876), PM PHF=0.90 · Fri 22 Nov 2002 - Total=1 0719(incomplete) , 15 minute drops. 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 125 75 49 60 184 624 1328 1785 1797 1467 1632 1593 35 21 16 9 24 88 302 421 497 406 .08 436 34 15 11 14 38 133 347 504 466 342 406 500 -Z:r--T~-1.-ö-----'¡:}--lír-~40e--4..g--7--3G6- 48-3- H·B- ------- ----- ----------- 33 21 11 19 79 229 351 452 397 353 415 239 From: Martin A. Parish 619·390·8427 To: John Boarman Date: 12/912002 Time: 1 :29:26 PM Page 18 of 19 EventCount-154 DATASETS: Site: ChannelA: ChannelB: - Survey Duration: File: Identifier: __ Algorithm: PROFILE: Filter time: - Name: Method: Units: In profile: EventCount-154 Page 1 Traffic Data Service Southwest Event Counts 'J- [31501] East H Street Between Hidden Vista Dr and Terra Nova Dr 2 - East bound. - Added to totals. (1) 4 - West bound. - Excluded from totals. (0) 0713 Man 18 Nov 2002 to 16:54 Man 25 Nov 2002 Z:lmcdataILLG\2002131513150126NOV2002. ECO (Base) A558SE5V MC56-1 [MC55] (c)Microcom 07/06/99 Event count Eastbound 11 :00 Mon 18 Nov 2002 to 11 :00 Fri 22 Nov 2002 Factory default profile Count axles divided by two. Non·Metric (ft, mi, f/s, mph, Ib, ton) 116718 Events _ . Mon 18 Nov 2002 - Total=21118(incomplete) , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 110.0 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 1557 1763 1663 1957 2203 2356 2507 2339 1707 1192 "9 561 304 339 435 423 450 526 556 593 623 492 310 279 202 73 " 383 '" 455 "5 505 580 .57 583 ". 326 257 150 81 " 356 '" 383 476 570 609 648 597 359 299 221 122 82 " 479 440 422 566 602 611 599 536 412 257 212 87 68 34 PM PkHr 17:15 to 18:15 (n=2537), PM PHF=O.95 · Tue 19 Nov 2002 - Total=28999, 15 minute drops, , 0000 0100 0200 0300 0400 0500 0600 0700 0600 0900 1000 1100 120-0 1300 1400 1500 1600 1700 1600 1900 2000 2100 2200 2300 180 90 59 57 11. 22. 941 1769 1461 1328 1390 1564 1i1B 17BB 1947\.2;158 2253 2374 2410 1882 1302 1035 579 354 48 20 24 9 24 37 118 314 '" 345 326 349 412 423 410 534 514 626 623 590 357 254 183 100 67 " 25 17 18 22 46 180 390 341 322 337 343 417 450 4" 519 590 552 56. 483 333 256 149 " 61 " 20 10 7 27 61 280 502 301 302 336 402 455 458 471 515 592 580 .0. 431 292 276 135 95 51 34 25 8 23 41 82 355 563 390 359 391 490 434 457 572 590 557 608 .15 378 320 249 112 65 36 _AM PkHr 07:15 to 08:15 (n=1884). AM PHF=O.84 PM PkHr 18:00to 19:00 (n=2410), PM PHF=0.97 · Wed 20 Nov 2002 - Total=29573, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0600 0900 1000 1100 1200 1300 1400; 1500 1600 1700 1600 1900 2000 2100 2200 2300 215 " 87 50 91 231 1051 1669 1606 1345 1416 1638 1743 lii4 1938\2305 2069 00 2453 1863 1356 1065 '0' 391 67 29 24 11 15 39 119 341 435 345 329 357 .30 446 463 570 500 631 677 570 360 284 169 91 65 61 21 25 11 16 29 212 334 361 294 322 400 427 456 465 599 469 57' 555 477 348 305 189 110 60 51 21 18 16 22 55 291 430 342 322 317 390 .64 438 444 566 566 647 600 439 330 254 121 113 42 36 27 20 12 38 108 429 564 468 384 .48 ..1 422 43' 566 570 534 '33 621 397 318 222 130 77 36 AM PkHr 11:45 to 12:45 (n=1812), AM PHF=D.92 PM PkHr 17:15to 18:15 (n=2536), PM PHF=0.94 · Thu 21 Nov 2002 - Total=29204, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0600 0900 1000 1100 1200 1300 1400,1500 1600 1700 1600 1900 2000 2100 2200 2300 203 101 so 60 100 21' 943 1581 1523 1419 1379 1676 1758 1679 1938'2207 2229 2350 2368 1835 1392 1132 .47 3" 65 29 30 11 21 34 109 309 416 343 311 337 477 '18 '51 519 541 575 '1' 574 359 297 216 121 61 60 33 20 13 18 41 181 303 345 362 346 43. 402 382 450 540 510 577 597 485 375 340 175 85 86 42 21 17 " 24 48 298 423 330 322 326 '3' 466 '14 490 560 631 618 590 387 356 259 138 90 44 36 18 13 14 37 93 355 546 432 392 396 ... 413 .65 547 588 547 SSO 567 389 302 236 118 102 39 AM PkHr 11:15 to 12:15 (n=1816), AM PHF=O,95 PM PkHr 17:30 to 18:30 (n=24D9), PM PHF=O.97 · Fr; 22 Nov 2002 - Total=7824(incomplete) , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 230 127 104 77 106 220 992 1519 1558 1387 1496 61 40 19 18 25 36 126 312 384 283 333 86 36 42 19 21 39 186 296 344 320 371 ----- 4r--2-T-------B---1-3-2-8---5e--2-9-3--4±-~~58-- :3:]~-- ~ - - - - ____n___ 39 24 20 27 32 103 387 499 495 418 421 From: Martin A. Parish 619~390~8427 To: John Boarman Date: 121912002 Time: 1 :29:26 PM Page 19 of 19 EventCount~ 154 Page 1 Traffic Data Service Southwest Event Counts ~ \ /~ EventCount-154 DATASETS: Site: ChannelA: ChannelB: Survey Duration: File: Identifier: Algorithm: [31501] East H Street Between Hidden Vista Dr and Terra Nova Dr 2 - East bound. - Excluded from totals. (0) 4 - West bound. - Added to totals. (1) 07:13 Man 18 Nov 2002 to 16:54 Man 25 Nov 2002 Z:\mcdata\llG\2002\315\3150126NOV2002. ECO (Base) A558SE5V MC56-1 [MC55] (c)Microcom 07/06/99 Event count Westbound PROFilE: Filter time: Name: Method: Units: In profile: 11 :00 Mon 18 Nov 2002 to 11 :00 Fri 22 Nov 2002 Factory default profile Count axles divided by two. Non-Metric (It, mi, f/s, mph, Ib, ton) 120243 Events · Mon 18 Nov 2002 - Total=18806(incomplete), 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 1856 B63 B51 1790 2064 1735 1809 1532 1280 1132 0" 460 207 458 4" 486 390 484 435 450 380 325 298 319 163 82 43 475 537 472 469 528 460 450 418 341 294 215 119 62 31 441 487 531 440 522 403 434 377 309 257 212 91 77 38 442 445 462 491 53. 437 435 357 305 283 201 67 66 29 PM PkHr 15:00 to 16:00 (n=2064), PM PHF=O.97 · Tue 19 Nov 2002 - Total=29896 15 m'nute drops, 0000 0100 0200 03000400 0500¡0600 0700 0600 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 141 75 .. 72 242 834 1782 2249 2305 1698 1647 1799 1761 1857 1878 2115 1751 1626 1610 1216 1206 083 510 290 43 24 12 8 32 144 3 '"'" 473 436 511 411 433 418 520 415 445 442 327 306 262 203 93 44 31 22 11 16 48 162 468 529 621 440 383 418 466 461 457 560 486 504 395 304 320 291 130 67 36 38 15 13 24 69 235 464 534 575 403 401 450 439 528 447 522 439 467 387 305 299 220 89 62 23 29 14 13 24 93 293 476 .56 528 362 427 420 445 435 55. 513 411 410 366 280 281 210 88 68 23 --~ AM PkHr 07:45 to 08:45 (n=2433), AM PHF=0.93 PM PkHr 14:45to 15:45 (n=2158), PM PHF=O.96 · Wed 20 Nov 2002 - Total=30411, 15 minute drops, 0000 0100 0200 0300 0400 0500f0600 0700 08ÕÕ\0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 >2' 70 53 71 203 803\1700 2248 2207{1733 1759 1797 1951 1931 1841 2079 1824 BOO 1633 1403 1300 1015 429 335 44 18 16 14 22 132 ~I" ::>¿::> OL¡¡; 462 427 410 529 527 469 523 479 460 435 407 324 332 146 99 49 36 20 10 13 36 177 449 592 567 426 421 439 465 479 422 535 466 508 380 346 329 295 105 95 31 23 20 9 23 60 229 445 530 533 392 426 462 474 460 445 4'4 433 449 425 324 284 224 94 84 40 23 12 16 21 i5 265 433 '" 467 453 465 466 463 465 505 527 446 463 393 324 363 164 84 57 26 AM P_kHr 07:15to 08:15 (n=2343), AM PHF=0.94 PM PkHr 15:00 to 16:00 (n=2079), PM PHF=0.97 · Thu 21 Nov 2002 - Total=30177, 15 minute drops, 0000 0100 0200 0300 0400 0500r0600 lJ/lJlJ 08UlJ) 0900 1000 1100 1200 1300 1400 1500 16001700 1800 1900 2000 2100 2200 2300 14' 79 42 72 241 792~1671 2235 2131(1777 1785 1789 1843 1866 1929 2001 1806 1832 1647 1378 1207 1054 5.3 291 49 22 13 14 25 118 3:;'1 :'<lj =>~. 467 421 454 450 471 452 4'4 457 493 438 399 296 330 186 104 43 31 21 12 12 38 155 450 557 550 451 445 44' 469 461 468 514 497 469 445 320 323 276 141 68 41 40 16 11 21 70 225 444 542 513 453 410 440 466 474 463 "4 449 447 367 323 296 269 114 63 29 26 18 6 25 108 294 420 593 475 406 509 446 458 460 52. 489 403 423 397 336 292 179 122 56 33 AM PkHr 07:15 to 08:15 (n=2285), AM PHF=0.96 PM PkHr 14:45 to 15:45 (n=2038), PM PHF=0.97 · Fri 22 Nov 2002 - Total=1 0952(incomplete) , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 14. 8' 58 73 234 802 1636 2216 2205 1686 160a 43 25 14 15 26 115 344 508 590 470 460 41 18 17 17 53 176 457 580 582 411 461 '£r¡--------~-_¡T'~--!a-·--5-e--'·n~3_98-4-98----5·z-::¡-4_2_5____-4·4B__- -- 33 23 14 23 97 292 437 632 506 380 419 Date: 12/9/2002 Time: 10:52:10AM Page 2 ot 21 From: Martin A. parish 619-390-8427 To: John Boarman EventCount-154 DATASETS: Site: ChannelA: ChannelB: "- Survey Duration: File: Identifier: Algorithm: PROFILE: Filter time: "_ Name: Method: Units: In profile: EventCount·154 Page 1 Traffic Data Service Southwest Event Counts i !:' [31509] Olympic Parkway Between Heriage Rd and La Media 2 - East bound" - Added to totals" (1) 4 - West bound - Excluded from totals (0) 11 :07 Mon 02 Dec 2002 to 1644 Fri 06 Dec 2002 Z:\mcdata\LLG\2002\315\3150907DEC2002" ECO (Base) A556KBJ1 MC56-1 [MC55] (c)Microcom 07/06/99 Event count Eastbou nd 14:00 Mon 02 Dee 2002 to 09:00 Fri 06 Dee 2002 Factory default profile Count axles divided by two" Non-Metric (It, mi, fls, mph, Ib, ton) 29060 Events · Mon 02 Dee 2002 - Total=3788(ineomplete) , 15 minute drops, 0000 0100 0200 0300 04.00 0500 0600 0700 0800 0900 1000 1100 1200 1300 14.00 1500 1600 1700 1800 1900 2000 2100 2200 2300 456 483 556 667 555 405 253 20. 127 72 105 119 143 160 150 117 73 60 38 24 15 123 101 153 163 159 116 62 65 39 21 6 114 113 145 171 118 101 74 43 31 19 8 114 150 115 173 128 71 " 32 19 8 8 · Tue 03 Dee 2002 - Total=7607, 15 minute drops, 0000 0100 0200 0300 04.00 0500 0600 0700 080009001000 1100 1200 1300 14.00 1500 1600 1700 1800 1900 2000 2100 2200 2300 37 18 10 20 23 93 652 665 503 360 273 356 340 3.7 437 503 6" 638 565 371 30> 248 166 61 15 6 2 11 2 10 78 158 161 75 67 95 84 82 51 116 144 156 156 119 77 63 64 13 14 6 7 3 5 7 15 129 116 133 110 63 76 87 91 122 139 153 162 157 " 75 70 43 17 15 8 3 1 3 4 25 199 167 90 85 80 86 80 72 117 121 145 16. 126 79 76 53 34 13 7 8 2 4 1 10 43 "6 224 119 90 63 99 89 102 117 127 178 156 126 77 73 62 21 18 10 AM PkHr 06:15 to 07:15 (n=732), AM PHF=D.74 PM PkHr 16:45 to 17:45 (n=660), PM PHF=D.93 · Wed 04 Dee 2002 - Tot.I=7638, 15 minute drops, 0000 0100 0200 0300 04.00 0500 0600 0700 0800 0900 1000 1100 1200 1300 14.00 1500 1600 1700 1800 1900 2000 2100 2200 2300 45 20 10 10 23 .. 681 "6 462 378 298 333 340 351 451 450 6" 658 556 .00 290 258 138 78 14 6 6 , 2 6 91 174 145 96 52 76 101 74 131 " 127 163 153 115 76 72 49 19 12 15 5 2 2 3 12 139 128 102 51 64 74 79 93 122 120 151 153 138 96 71 79 36 15 13 7 5 0 5 10 21 ". 166 79 " 83 89 73 100 " 106 168 174 140 93 72 54 27 28 8 10 4 2 2 8 55 257 208 136 107 99 94 87 84 114 125 173 168 125 96 71 53 26 16 6 AM PkHr 06:15 to 07:15 (n=764), AM PHF=0.74 PM PkHr 16:45 to 17:45 (n=663), PM PHF=O.9S -"_. Thu 05 Dee 2002 - Tot.I=7794, 15 minute drops, 0000 0100 0200 0300 04.00 0500 0600 070006000900 1000 1100 1200 1300 14.00 1500 1600 1700 1800 1900 2000 2100 2200 2300 39 28 11 13 " 98 667 6" 535 40. 313 370 346 383 469 479 620 612 546 388 289 228 151 81 12 7 5 9 7 16 88 177 186 102 75 67 88 92 105 108 156 144 175 94 80 63 48 29 24 13 8 2 1 8 15 141 125 114 128 67 88 71 84 126 126 159 149 154 119 82 48 43 21 11 8 6 1 0 5 19 179 164 123 77 91 88 83 105 117 103 148 161 109 90 72 53 27 17 8 6 5 3 3 9 48 269 229 112 97 80 127 104 102 121 142 157 158 110 85 55 64 33 14 6 AM PkHr06:15 to 07:15 (n=756), AM PHF=D.73 PM PkHr 17:30 to 18:30 (n=648), PM PHF=D.93 · Fri 06 Dee 2002 - Tot.I=2233(ineomplete) , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 14.00 1500 1600 1700 1800 1900 2000 2100 22ÛO 2300 49 30 13 28 30 136 687 679 581 24 11 7 15 8 13 76 182 167 11 10 3 7 5 23 128 136 137 ___ß_ ~L-_L___ 3 8 26 216 175 114 6 6 2 3 9 74 267 186 163 ------------- - --~_._-- -------- ----- From: Martin A. Parish 619~390-8427 To: John Boarman Date: 12/9/2002 Time: 10:52:10 AM Page 3 of 21 EventCou nt-154 DATASETS: Site: ChannelA: ChannelB: Survey Duration: File: Identifier: __ Algorithm: PROFILE: Filter time: Name: Method: Units: In profile: EventCount-154 Page 1 Traffic Data Service Southwest Event Counts I 1\ I' [31509] Olympic Parkway Between Heriage Rd and La Media 2 - East bound. - Excluded from totals. (0) 4 - West bound - Added to totals. (1) 11 :07 Man 02 Dec 2002 to 16:44 Fri 06 Dec 2002 Z:\mcdata\LLG\2002\315\3150907DEC2002. ECO (Base) A556KBJ1 MC56-1 [MC55] (c)Microcom 07/06/99 Event count Westbound 14:00 Mon 02 Dee 2002 to 09:00 Fri 05 Dee 2002 Factory default profile Count axles divided by two. Non-Metric (ft, mi, f/s, mph, Ib, ton) 23639 Events · Mon 02 Dee 2002 - Total=2398(ineompiete) , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 '30 '" 3" 2" 222 122 12. "' 61 2' 63 156 " 88 55 28 36 32 13 5 , 83 155 89 82 67 29 33 37 29 14 7 - 132 193 " 62 50 30 29 26 11 , 3 - 152 125 88 67 50 35 29 20 8 3 1 · Tue 03 Dee 2002 - Total=6245, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 " , 2 8 37 ". 573 82' '66 393 260 306 314 302 412 671 389 2" 221 133 160 112 55 31 , 2 0 0 3 21 90 20' 181 97 61 92 75 67 72 160 111 79 61 39 46 30 11 7 7 0 1 1 2 31 125 22' 139 101 72 79 87 82 74 142 87 80 58 42 42 36 18 14 3 2 0 , 14 49 145 193 128 10' 55 71 77 68 125 219 87 64 55 18 29 26 16 8 1 0 1 3 18 58 2" 200 118 91 72 6. 75 85 141 lSO 10' 75 47 34 43 20 10 2 _ AM PkHr 06:45 to 07:45 (n=837), AM PHF=0.93 PM PkHr 15:00 to 16:00 (n=671), PM PHF=0.77 · Wed 04 Dee 2002 - Total=6338, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 9 10 , 7 27 '" '20 854 5" 3" 2" 306 3SO 318 '3' 630 372 305 246 16' 153 132 52 46 1 3 1 1 2 23 86 226 15. 90 90 87 110 80 100 151 101 83 58 35 41 36 18 14 6 7 3 2 2 . 36 115 20' 128 89 58 68 95 75 59 147 80 79 53 42 .0 39 9 10 3 1 2 2 2 6 37 131 221 149 87 73 71 65 81 128 192 86 66 58 51 36 29 11 14 3 0 2 1 2 15 73 188 202 14' 89 69 82 80 82 148 140 105 77 77 36 36 26 14 8 1 AM PkHr 07:00 to 08:00 (n=854), AM PHF=O.94 PM PkHr 14:45 to 15:45 (n=638), PM PHF=0.83 · Thu 05 Dee 2002 - Total=6523, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 OBOO 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 13 7 , , '3 162 ". 8'8 '" 420 297 303 348 346 47' 642 349 327 277 139 15' 146 54 37 6 2 2 1 4 29 97 210 179 95 78 85 92 93 95 174 " 84 82 30 25 49 8 10 4 3 0 2 0 5 27 109 232 163 121 73 78 93 92 87 13' 89 87 71 33 46 40 16 12 0 3 3 1 1 10 " 126 207 109 119 71 80 82 75 138 '" 80 89 72 38 28 26 11 9 5 1 2 0 2 24 62 197 ". 145 85 75 60 81 86 15. 138 86 67 52 38 56 31 19 6 3 AM PkHr 07:00 to 08:00 (n=848), AM PHF=0.91 PM PkHr 14:45 to 15:45 (n=660), PM PHF=0.84 · Fri 06 Dee 2002 - Total=2135(ineomplete) , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 12 10 , . 32 149 ". 838 600 . . 1 3 5 24 86 231 164 0 2 2 4 3 24 97 200 145 ---S-----2-Z-----2-------'- -4.J_l.l9___2.ll 157 ---- 3 2 1 0 17 54 177 "0 13. ---- ------- - - - Date: 12/9/2002 Time: 10:52:10AM I-'age 4 aT .::1 From: MartinA. Parish 619-390-8427 To: John Boarman EventCount-154 DATASETS: Site: ChannelA: ChannelB: Survey Duration: File: Identifier: __ Algorithm: PROFILE: Filter time: Name: Method: Units: In profile: EventCount-154 Page 1 Traffic Data Service Southwest Event Counts o \J [31508] Olympic Pkwy Between Brandywine and Heritage Rd 2 - East bound. - Added to totals. (1) 4 - West bound. - Excluded Irom totals. (0) 11 :09 Man 02 Dec 2002 to 16:24 Fri 06 Dec 2002 Z:\mcdata\LLG\2002\315\3150S07DEC2002 ECO (Base) A56SR525 MC56-1 [MC55] (c)Microcom 07/06/99 Event count Eastbound 14:00 Mon 02 Dee 2002 to 09:00 Fri 06 Dee 2002 Factory default profile Count axles divided by two. Non-Metric (ft, mi, lis, mph, Ib, ton) 43139 Events _ . Mon 02 Dee 2002 . Total=5896(incomplete) , 15 minute drops; 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 ." 750 '" '59 ". ." 423 321 196 118 151 189 228 231 239 192 109 64 5' 48 22 170 171 239 220 229 190 108 98 62 30 11 16' 176 216 243 19' 135 100 73 '6 21 18 - 205 214 239 265 206 132 106 66 30 19 11 · Tue 03 Dee 2002 - Total=11440, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 .2 25 21 28 40 139 S39 1007 679 510 413 524 505 533 69' 779 960 ". .76 600 '76 388 240 112 22 8 3 13 , 15 104 21. 205 126 98 132 128 133 141 202 231 251 234 164 111 100 92 30 20 11 . 6 , 14 22 176 197 161 151 96 116 129 134 195 137 241 250 228 153 126 110 69 22 20 18 , , 5 7 48 269 265 148 100 116 136 125 124 173 178 230 250 209 126 129 91 " 30 11 11 5 , 2 15 " 290 331 165 133 103 140 123 142 189 202 258 235 205 137 110 B7 35 30 16 _ AM PkHr 07:00 to 08:00 (n=1007), AM PHF=0.76 PM PkHr 16:45to 17:45 (n=1009), PM PHF=0.98 · Wed 04 Dee 2002 - Total=11463, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 67 34 18 29 39 12' "2 9" ... 516 '55 492 '.3 "7 708 73. 928 ~O27 910 612 '.3 .11 212 12' 20 . 7 9 , 12 107 213 204 127 99 129 138 121 179 161 208 264 266 180 140 109 70 30 20 20 12 5 9 6 16 1.' ,.5 142 129 96 106 107 118 1.' 189 225 260 220 161 1-20 126 60 33 21 11 9 2 , 13 35 2.5 26' 14' 128 124 131 112 122 159 199 227 253 21. 142 112 82 38 38 13 16 5 , 7 12 65 33. 312 196 132 136 126 126 136 186 189 2.. 250 206 129 111 " " 23 11 AM PkHr 06:30 to 07:30 (n=999), AM PHF=0.74 PM PkHr 16:45 to 17:45 (n=1045), PM PHF=O.97 - . Thu 05 Dee 2002 - Total=11333, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 65 " 18 " " 141 '" 982 ". 545 '" 542 458 525 712 740 997 97' .43 620 450 369 240 117 20 10 6 9 12 21 113 188 223 126 101 122 102 121 139 163 208 232 252 161 135 89 80 36 37 21 10 5 1 . 19 182 214 158 173 96 116 110 120 201 190 238 252 233 182 125 101 60 33 21 13 , 3 2 11 29 227 257 166 125 124 131 120 161 181 162 239 234 174 146 100 84 47 27 17 11 11 , , 13 72 342 323 141 121 113 173 126 123 191 225 222 25. 184 131 " 95 53 21 11 AM PkHr 07:15 to 08:15 (n=1017), AM PHF=D.79 PM PkHr 17:15to 18:15 (n=994), PM PHF=O.97 · Fr; 06 Dee 2002 - Total=3006(ineomplete) , 15 minute drops. 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 .6 '3 20 35 42 177 877 931 "5 37 16 , 15 , 23 97 207 202 21 10 7 6 9 28 174 198 204 _--------1..7__..._5-__ 4~___6 12 35 261 270 16' 11 12 5 8 13 91 345 256 225 -~- From: Martin A. Parish 619-390~8427 To: John Boarman Date: 12/9/2002 Time: 10:52:10 AM ~age ~ or Ll EventCount-154 Page 1 Traffic Data Service Southwest Event Counts EventCount-154 - ;) DATASETS: Site: ChannelA: ChannelB: - Survey Duration: File: Identifier: _ Algorithm: [31508] Olympic Pkwy Between Brandywine and Heritage Rd 2 - East bound. - Excluded from totals. (0) 4 - West bound - Added to totals. (1) 11 :09 Mon 02 Dec 2002 to 1624 Frl 06 Dec 2002 Z:lmcdataILLGI2002131513150807DEC2002. ECO (Base) A568R525 MC56-1 [MC55] (c)Microcom 07/06/99 Event count Westbound PROFilE: Filter time: Name: Method: Units: In profile: 14:00 Mon 02 Dee 2002 to 09:00 Fri 06 Dee 2002 Factory default profile Count axles divided by two. Non-Metric (ft, mi, fls, mph, Ib, ton) 38349 Events · Mon 02 Dec 2002 . Total=4000(ineomplete) , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 613 ." 601 551 3" 26' 251 211 127 52 102 227 156 151 83 66 56 56 37 12 9 - 130 227 136 142 112 54 65 59 37 21 11 170 281 143 131 101 59 62 50 32 13 6 - 211 233 162 127 70 79 66 44 21 6 3 · Tue 03 Dee 2002 - Total=10217, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 14001500 1600 1700 1800 1900 2000 2100 2200 2300 31 10 11 14 52 284 885 1276 932 599 ..2 502 '" .82 628 1018 672 550 '" 241 295 224 106 " 9 2 1 3 7 23 143 296 274 145 106 150 119 127 124 244 201 143 113 69 77 67 25 21 5 11 3 5 2 6 55 215 3" 256 142 122 113 121 lOB 125 242 169 141 106 72 62 63 33 21 12 6 2 2 5 14 103 246 294 211 163 96 121 123 130 179 292 130 124 " 37 70 49 28 14 6 3 3 3 . 25 97 281 318 191 149 116 118 123 117 200 240 172 142 94 63 66 45 20 10 1 _~ AM PkHr 07:00 to 08:00 (n=1276), AM PHF=0.87 PM PkHr 15:00 to 16:00 (n=1018), PM PHF=0.87 · Wed 04 Dee 2002 - Total=1 0384, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 24 20 15 13 42 299 834 1292 .31 576 492 531 '" 498 637 919 "5 558 443 303 285 254 109 78 5 5 5 3 . 35 135 33' 266 161 159 155 165 128 149 208 152 154 99 82 85 84 38 24 9 12 . 2 3 6 61 204 318 206 127 " 123 165 116 "' ". 165 152 99 78 69 78 25 19 10 6 . 3 2 13 71 218 315 244 152 115 117 118 126 179 248 160 126 105 66 69 49 21 21 5 1 7 5 5 17 132 277 323 213 136 12.0 130 118 128 195 23. 188 126 140 75 62 43 25 14 7 AM PkHr 07:00 to 08:00 (n=1292), AM PHF=0.96 PM PkHr 15:00 to 16:00 (n=919), PM PHF=0.93 · Thu 05 Dee 2002 - Total=1 0401, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 31 18 10 14 62 279 838 1283 .40 62' "3 53' 516 493 '" 905 '11 543 53' 315 271 238 11. 73 S 7 2 2 7 40 151 305 284 155 115 155 140 127 144 224 169 133 136 95 68 73 32 21 12 10 1 3 2 10 50 191 357 240 162 128 127 137 140 130 205 148 149 119 78 69 70 33 27 5 5 7 3 6 16 81 223 333 208 158 119 121 121 106 169 260 139 136 150 63 55 50 23 15 8 7 3 2 , 29 108 273 268 208 149 121 131 118 118 224 216 155 123 127 79 79 45 31 10 5 AM PkHr 07:00 to 08:00 (n=1283),AM PHF=O.90 PM PkHr 14:45 to 15:45 (n~913), PM PHF=O.88 · Fr; 06 Dee 2002 - Total=3346(ineomplete) , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 30 16 ,. 16 48 243 750 1255 97' 12 5 2 6 7 36 148 319 285 5 7 5 5 8 47 170 332 235 8 2 4 3 12 73 189 318 241 5 2 ~---2------ZT~87-IT3· ž--86 213 - From: Martin A. Parish 619~39G-8427 To: John Boarman Date: 12/912002 Time: 10:52:10 AM Page 6 of 21 EventCount-154 DATASETS: Site: ChannelA: ChannelB: - Survey Duration: File: Identifier: _ Algorithm: PROFILE: Filter time: - Name: Method: Units: In profile: EventCount-154 Page 1 Traffic Data Service Southwest Event Counts t [31507W] E. Orange / Olympic Pkwy Between Oleander and Brandywine 4 - West bound. - Added to totals. (1) o - Unused or unknown. - Excluded from totals. (0) 11 :05 Mon 02 Dee 2002 to 1628 Fri 06 Dee 2002 Z:\mcdata\LLG\2002\315\31507W07DEC2002.ECO (Base) A566R8D4 MC56-1 [MC55] (e)Microcom 07/06/99 Event count Westbound 14:00 Mon 02 Dee 2002 to 09:00 Fri 06 Dee 2002 Factory default profile Count axles divided by two. Non·Metric (ft, mi, f/s, mph, Ib, ton) 48679 Events _ . Mon 02 Dec 2002 - Total=5297(incomplete) . 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1Z00 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 - 808 1095 747 761 S4S 399 31S 314 198 HS 145 249 195 197 137 109 84 8B 56 22 21 176 261 162 215 154 98 78 82 46 33 16 221 330 194 191 133 86 80 73 56 29 12 266 255 196 158 121 106 73 71 40 31 6 · Tue 03 Dec 2002 - Total=12939, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 ss 21 20 34 93 436 1126 1271 1076 74S 637 '39 '49 658 79S 1145 834 756 SB' 3BB 3S4 317 1B4 120 21 6 6 9 14 53 203 31S 290 186 175 178 158 182 154 276 223 20S 150 9B 84 87 43 26 11 16 8 6 8 12 90 300 340 289 177 162 135 160 151 172 291 212 172 155 113 82 100 49 36 15 12 4 3 9 22 144 304 304 255 201 148 168 177 177 20B 301 190 180 134 80 92 69 45 29 H 6 3 5 8 45 149 31' 303 2" 181 152 158 154 148 261 277 209 199 147 97 96 61 47 29 8 _AM PkHr06:30 to 07:30 (n=1287), AM PHF=O,92 PM PkHr 15:00 to 16:00 (n=1145), F"M PHF=0.95 · Wed 04 Dec 2002 - Total=13141, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 4S 3S 19 38 92 457 1117 1267 1079 773 664 698 741 '71 740 1031 B07 747 617 43S 400 344 IB5 130 11 10 2 6 9 59 203 341 262 221 195 190 195 160 170 252 195 203 155 120 116 110 63 32 16 15 8 6 5 16 9B 26B 307 267 170 152 "4 196 178 152 24B 196 195 147 100 104 100 42 39 " H 9 3 12 29 125 292 303 277 200 153 156 181 164 204 293 IB4 179 143 107 89 67 41 2B 13 8 8 8 15 3B 175 354 316 273 1B2 164 168 169 169 223 23B 232 170 172 108 91 67 39 31 13 AM PkHr06:45 to 07:45 (n=1305), AM PHF=O.92 PM PkHr 15:00 to 16:00 (0=1031), PM PHF=O.88 --. Thu 05 Dec 2002 - Total=13300, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 60 32 16 34 lD4 449 ~123 1304 1069 792 664 705 6BB 663 857 1038 774 745 724 455 366 310 '" 130 16 13 4 B 14 65 224 336 272 203 166 186 190 171 175 254 '" 181 205 130 99 81 61 39 22 " 9 5 4 14 91 2B1 343 259 203 172 176 173 174 204 237 16B 210 149 109 93 91 49 36 14 13 7 6 9 2B 138 292 335 261 184 162 161 172 152 203 "5 202 178 202 111 76 71 43 34 14 13 3 1 13 4B 154 326 290 247 202 164 182 153 166 275 252 210 176 168 105 98 67 46 21 12 AM PkHr06:45 to 07:45 (n=1340), AM PHF=0.98 PM PkHr 14:45 to 15:45 (n=1061), PM PHF=O.90 · Fri 06 Dee 2002 - Total=4002(incomplete) . 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 62 30 " 3B 99 393 996 12'73 1092 22 , 5 7 11 61 224 352 279 14 7 6 12 18 77 233 323 267 _l-4-------l-O-----5.....-~_H. ?A "ç; n~3_L8_2.ß.L_ ~. -- ----- -- 12 5 3 5 42 139 306 250 257 - - From: Martin A. ParÎsh 619-390-8427 To: John Boarman Date: 12/912002 Time: 10:52:10 AM Page 7 of 21 EventCount-154 DATASETS: Site: ChannelA: ChannelB: - Survey Duration: File: Identifier: _._ Algorithm: PROFILE: Filter time: - Name: Method: Units: In profile: EventCount-154 Page 1 Traffic Data Service Southwest Event Cou nts '1 './ [31507E] E. Orange I Olympic Pkwy Between Oleander and Brandywine 2 - East bound. - Added to totals. (1) o - Unused or unknown. - Excluded from totals. (0) 11 :01 Man 02 Dee 2002 to 16:39 Fri 06 Dee 2002 Z:lmedataILLG\20021315131507E07DEC2002. ECO (Base) A5590GBV MC56-1 [MC55] (e)Mieroeom 07/06/99 Event count Eastbound 14:00 Mon 02 Dee 2002 to 09:00 Fri 06 Dee 2002 Factory default profile Count axles divided by two. Non-Metric (ft, mi, lis, mph, Ib, ton) 54600 Events _ . Mon 02 Dee 2002 - Total=7864(ineomplete) , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 895 1009 1108 1120 1134 939 642 511 302 204 187 239 276 268 301 271 16' 136 97 73 28 206 248 284 266 297 273 152 147 ez 53 19 - 216 238 265 288 277 201 165 116 70 " 24 - 286 284 283 298 25' 194 156 112 53 37 14 · Tue 03 Dee 2002 - Total=14424, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 as 51 51 32 .5 186 914 1061 ezo 6" 533 668 673 '04 891 1056 1174 1118 1124 850 685 538 359 177 28 13 14 15 6 23 131 209 250 162 113 141 158 183 172 241 289 276 292 265 161 138 132 43 36 19 18 13 7 12 28 194 225 201 175 134 165 183 165 250 274 ". 266 281 209 191 152 88 46 26 24 11 11 4 13 61 277 302 160 135 13' 186 14a 165 233 262 269 304 275 182 181 "' 73 " 24 14 , 13 6 14 74 312 325 209 15' 141 176 184 191 236 279 318 272 276 194 152 129 66 40 19 _ AM PkHr 07:15 to 08:15 (n=1102), AM PHF=0.85 PM PkHr16:00 to 17:00 (n=1174), PM PHF=0.92 · Wed 04 Dee 2002 - Total=14390, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 16001700 1800 1900 2000 2100 2200 2300 105 50 " 41 45 '" '66 988 841 6" 551 6" 691 '" 872 '89 1122 1170 1149 83' 71' "6 324 194 36 13 12 12 12 17 125 232 264 166 122 157 200 160 219 242 254 289 311 257 184 141 " 55 43 26 24 11 11 9 30 232 208 178 151 127 141 157 175 214 244 273 298 311 215 172 177 85 53 34 24 13 8 11 13 45 27' 252 185 154 141 162 15' 176 207 262 '" 287 267 194 193 130 67 50 21 19 10 8 7 11 77 33' 296 214 171 161 172 177 165 232 241 300 "6 260 173 167 118 74 36 18 AM PkHr 06:15 to D7:15 (n=1073J, AM PHF=D.80 PM PkHr 17:30 to 18:30 (n=1205), PM PHF=O.97 -. Thu 05 Dee 2002 - Total=14370, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 160017001800 1900 2000 2100 2200 2300 116 56 54 36 .3 193 OZ. 961 86. 636 553 ... 618 762 "9 972 1142 1100 1082 855 6" 574 365 ". 43 16 17 13 7 26 133 204 277 164 137 141 "8 172 190 223 277 263 300 222 187 148 116 58 53 34 18 12 4 12 28 206 214 185 190 140 158 149 181 242 259 311 263 302 232 185 164 87 56 36 21 21 18 6 10 44 246 256 218 142 136 164 154 224 238 228 266 261 238 219 137 125 90 46 27 18 11 7 11 14 95 339 307 184 140 140 201 167 165 249 262 288 293 242 182 138 137 70 44 23 AM PkHr 07:15 to 08:15 (n=1054), AM PHF=O.86 PM PkHr 17:30to 18:30 (n=1156), PM PHF=O.96 · Fri 06 Dee 2002 - Total=3552(ineomplete) , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 139 78 .. 60 51 224 960 100i 96' 53 23 11 24 14 25 131 219 283 36 21 13 16 11 44 198 233 246 __2]_1.D~_~~-ª-----.1L._3.i-_ 297 262 1:99 23 2. 11 12 12 111 334 293 261 ----~._-~- - Date: 12/9/2002 Time: 10:52:10 AM r'age ö or.L1 From: Martin A. Parish 619-390-8427 To: John Boarman EventCount-154 DATASETS: Site: ChannelA: ChannelB: - Survey Duration: File: Identifier: Algorithm: PROFilE: Filter time: _ Name: Method: Units: In profile: EventCount·154 Page 1 Traffic Data Service Southwest Event Counts "- \ \ /' [31506W] Telegraph Canyon Rd Btwn Medical Crest Dr & Halecrest 4 - West bound. - Added to totals. (1) o - Unused or unknown. - Excluded from totals. (0) 14:49 Man 02 Dec 2002 to 17:00 Fri 06 Dec 2002 Z:\mcdata\LLG\2002\315\31506W07DEC2002. ECO (Base) A570G7NP MC56-1 [MC55] (c)Microcom 07/06/99 Event count Westbound 15:00 Mon 02 Dec 2002 to 09:00 Fri 06 Dec 2002 Factory default profile Count axles divided by two. Non-Metric (ft, mi, f/s, mph, Ib, ton) 113450 Events · Man 02 Dee 2002 - Total=11534(ineomplete) . 15 minute drops, 00000100 0200 0300 0400 0500 060007000800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 2294 1992 1861 1512 1131 "8 8" ." 362 540 528 438 402 280 260 242 132 109 42 565 492 544 437 295 232 248 147 95 45 568 471 452 322 258 256 219 118 91 36 601 501 427 351 298 250 183 95 67 35 · Tue 03 Dee 2002 - Total=3131 0, 15 minute drops, 0000 0100 0200 0300 0400 0500 (Û600 07uU U1::IOO\0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 158 70 59 110 337 1235 \2093 2235 21.!U!/1929 1747 1875 1814 1780 1889 2291 1972 1851 1638 1175 1093 8" 562 32' 42 17 18 14 49 194 Ìj7f9 ':'04 '27 486 .28 .88 457 391 448 551 542 393 386 328 285 261 162 90 37 45 13 15 23 68 265 546 593 535 522 453 471 466 443 431 '" 465 551 448 316 296 270 136 93 49 36 21 12 37 105 358 539 557 577 447 438 470 455 451 470 585 496 452 383 255 282 189 142 91 31 35 19 14 36 115 418 539 581 551 474 428 446 436 495 340 58' 46. 455 421 276 230 161 122 52 Z4 AM PkHr07:15 to 08:15 (n=2258), AM PHF=O.95 PM PkHr 15:00to 16:00 (n=2291), PM PHF=0.97 · Wed 04 Dee 2002 - Total=31 1 15 minute drops, 0000 0100 0200 0300 0400 0500,0500 0700 0 00 0900 1000 1100 1200 1300 1400 1500 15001700 1800 1900 2000 2100 2200 2300 137 90 .3 124 324 1201~2040 2238 225311933 1726 1757 1931 1853 1812 2164 1912 2003 1648 1228 1124 .,. 522 373 37 20 26 26 49 183 481-538 60-£;' 529 485 457 502 463 412 538 439 474 384 327 287 267 153 118 44 45 32 29 23 68 272 501 615 556 466 432 403 515 483 436 571 466 594 445 317 305 252 142 114 42 31 21 18 29 104 355 541 538 501 487 362 458 481 434 468 320 485 491 373 297 257 203 136 84 46 24 17 20 46 107 391 517 547 590 451 447 ". 433 473 496 535 502 444 446 287 275 203 91 57 29 AM PkHr 07:15 to 08:15 (n=2306), AM PHF=O.94 PM PkHr 15:00 to 16:00 (n=2164), PM PHF=o,95 -. Thu 05 Dee 2002 - Total=30948. 15 minute drops, 0000 0100 0200 0300 0400 0500 (0600 0700 0800~,O900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 153 7B 63 109 302 ~133 ~04a 2242 2228,1941 1694 1765 1836 1784 1945 2231 1895 1962 1314 1208 1060 918 517 412 44 18 27 20 46 171 478 sa:f 564' 527 443 449 488 414 386 512 468 495 383 264 266 267 172 123 75 42 15 13 18 56 224 320 513 595 481 422 470 496 450 543 541 494 521 404 349 262 281 171 107 50 46 22 12 41 83 349 538 506 493 446 429 418 420 505 451 588 457 491 287 303 282 194 153 106 48 29 23 11 30 113 389 512 541 576 487 400 428 432 415 565 590 476 455 240 292 250 176 121 76 36 AM PlcHr06:30 to 07:30 (n=2245), AM PHF=D.92 PM PkHr 15:00 to 16:00 (n=2231), PM PHF=O.95 · Fri 06 Dee 2002 - Total=8246(ineomplete). 15 minute drops, 0000 0100 0200 0300 0400 0500 0500 0700 08000900 1000 1100 1200 1300 1400 1500 1500 1700 1800 1900 2000 2100 2200 2300 209 72 " 127 322 1089 1940 2241 2165 75 19 26 32 51 156 491 533 580 50 20 25 33 62 227 48' 628 568 48 14 15 31 B5 307 518 508 501 36 19 15 ~3T --124 399 44L 57¿-Srs--- - --------- -------------- ---.-"- From: Martin A. Parish 619-390-8427 To: John Boarman Date: 12/9/2002 Time: 10:52:10 AM Page 9 of 21 EventCount-154 DATASETS: Site: ChannelA: ChannelB: - Survey Duration: File: Identifier: Algorithm: PROFILE: Filter time: _ Name: Method: Units: In profile: EventCount-154 Page 1 Traffic Data Service Southwest Event Counts ~ y [31506E] Telegraph Canyon Rd Btwn Medical Crest Dr & I-Ialeerest 2 - East bound - Added to totals. (1) o - Unused or unknown. - Excluded from totals. (0) 11 :17 Mon 02 Dec 2002 to 1714 Fri 06 Dec 2002 Z:lmcdataILLG\20021315131506E07DEC2002. ECO (Base) A560XBG4 MC56-1 [MC55] (e)Microcom 07/06/99 Event count Eastbound 15:00 Mon 02 Dee 2002 to 09:00 Fri 06 Dec 2002 Factory default profile Count axles divided by two. Non-Metric (ft, mi, f/s, mph, Ib, ton) 106534 Events · Mon 02 Dee 2002 - Total=13969(ineomplete) , 15 minute drops, -- 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 15001600 1700 1800 1900 2000 2100 2200 2300 2027 2239 2294 2182 1671 1255 1129 715 '57 548 549 528 581 489 348 296 243 118 111 - 445 542 598 562 445 303 273 188 126 60 509 583 592 533 376 288 293 147 107 62 525 565 576 506 361 316 267 137 106 35 · Tue 03 Dee 2002 - Total=28873, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 08000900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 2" 140 103 104 '" 321 1264 1506 1475 1370 1314 1522 1507 1640 1865\2 248 2299 2148 1708 1438 1196 776 '67 111 41 19 41 20 40 176 295 393 349 317 351 348 371 412 '94 515 532 534 543 369 305 223 130 76 60 36 2S 24 24 55 253 332 340 356 295 398 372 432 452 516 573 566 556 440 377 304 228 136 63 62 30 24 19 28 85 376 441 370 296 351 384 380 438 478 518 570 5" 555 379 374 309 172 104 50 35 33 35 20 47 141 459 438 372 369 351 389 407 399 523 527 590 612 503 346 318 278 153 117 43 _ AM PkHr07:30 to 08:30 (0=1612), AM PHF=0.91 PM PkHr 17:15 to 18:15 (0=2301), PM PHF=0.94 · Wed 04 Dee 2002 - Total=29008, 15 minute drops, 140011500 1700\1800 0000 0100 0200 0300 0400 0500 0600 070008000900 1000 1100 1200 1300 1600 1900 20002100 2200 2300 232 146 123 129 " 313 1326 1448 1501 1364 1353 1395 1482 1562 1752(2253 2254 2307]2224 1786 1412 1234 850 46' 76 42 31 34 9 40 144 334 387 318 334 294 363 329 382 534 567 -%'1 566 521 349 359 256 146 99 63 43 29 44 26 54 299 322 363 343 327 347 36' 406 OS5 575 560 573 604 462 363 322 254 109 7B 50 29 29 20 28 60 419 382 379 340 318 396 375 422 409 555 542 602 524 397 371 273 173 121 64 43 32 34 31 31 139 464 410 372 363 374 358 376 405 506 589 585 5" 530 406 329 280 167 92 51 AM PkHr 07:30 to 08:30 (n=1542), AM PHF=0.94 PM PkHr 17:30 to 18:30 (0=2337), PM PHF=0.97 -. Thu 05 Dee 2002 - Total=291 09, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 292 142 124 106 104 321 1217 1456 1422 1381 1338 1420 1489 1618 1852~181 ¡¡76 22~7)2166 1767 1410 1339 972 559 99 47 24 35 14 41 153 300 335 371 322 331 398 376 439 524 566 518 580 506 407 347 267 176 86 78 38 37 33 17 54 298 343 332 327 318 352 363 399 457 569 552 551 599 483 365 340 301 132 88 64 28 26 16 31 85 365 401 374 346 329 345 346 386 439 543 513 577 487 425 311 330 203 127 81 51 29 37 22 42 141 401 412 381 337 369 392 382 457 517 545 545 6"11 500 353 327 322 201 124 70 AM PkHr 11:45 to 12:45 (n=1499), AM PHF=O,94 PM PkHr 17:30 to 18:30 (0=2367), PM PHF=O,97 · Fri 06 Dee 2002 - Total=5575(ineomplete) , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 325 169 153 136 131 333 1275 1497 1556 86 49 35 39 22 54 177 367 357 88 49 49 40 26 49 270 333 397 _______8L-23-___U__ 34 40 67 373 379 387 70 42 32 23 43 163 455 418 415 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 -------- - - - - From: Martin A. Parish 619-390-8427 To: John Boarman Date: 12/9/2002 Time: 10:52:10 AM Page 10 of21 EventCount-154 DATASETS: Site: ChannelA: ChannelB: - Survey Duration: File: Identifier: Algorithm: PROFILE: Filter time: Name: Method: Units: In profile: EventCount·154 Page 1 Traffic Data Service Southwest Event Counts -( .v /' [31505] Telegraph Canyon Rd Between Medical Cntr Dr and Paseo Del Rey 2 - East bound. - Added to totals. (1) 4 - West bound. - Excluded from totals. (0) 11 :21 Mon 02 Dec 2002 to 16:33 Fri 06 Dec 2002 Z:\mcdata\LLG\2002\315\3150507DEC2002. ECO (Base) A643QTA4 MC56-1 [MC55] (c)Microcom 07/06/99 Event count Eastbound 15:00 Mon 02 Dee 2002 to 09:00 Fri 06 Dee 2002 Factory default profile Count axles divided by two. Non-Metric (ft, mi, fls, mph, Ib, ton) 93493 Events .- · Mon 02 Dee 2002 - Total=12402(ineomplete} , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1aoo 1900 2000 2100 2200 2300 1702 la81 2045 2056 1548 1140 987 6" 401 439 471 479 537 465 305 260 215 96 86 362 453 513 534 407 289 241 166 112 57 398 465 520 511 336 2GB 266 141 101 48 483 492 533 474 340 27' 220 120 92 28 · Tue 03 Dee 2002 - Total=25246, 15 minute drops, 14.00fÍ500 170õhaoo 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1600 1900 2000 2100 2200 2300 219 131 8B 100 97 252 1227 1374 1214 1160 1131 1182 1227 1382 159711722 1955 2035(2020 1566 1317 1084 715 451 86 43 13 41 16 36 159 295 32B 301 266 274 273 304 360 429 443 472 528 470 348 275 201 123 61 57 29 23 24 21 41 244 297 266 294 245 310 335 373 374 '13 490 518 513 420 343 294 209 117 54 48 2G 20 19 21 62 359 392 316 253 281 292 295 368 380 43' 511 509 510 355 334 269 155 100 47 28 33 32 16 39 113 465 390 304 312 339 306 324 337 463 442 511 53' 469 321 292 246 150 111 43 AM PkHr 05:45 to 07:45 (n=1449), AM PHF=0.78 PM PkHr 17:15 to 18:15 (n=2091), PM PHF=0.98 · Wed 04 Dee 2002 - Total=25457, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 oeoo 0900 1000 1100 1200 1300 1400(1500 1600 170011800 1900 2000 2100 2200 2300 205 122 106 125 Bl 262 1276 1347 1283 1164 1149 1166 1206 1312 1515,1875 1932 2051[2023 1594 1329 1129 7" 42' 61 33 23 32 7 36 137 331 326 276 277 271 286 296 360 427 492 5H¡ 510 458 346 336 220 136 7B 54 36 27 41 23 43 253 305 27B 281 269 285 299 340 371 463 493 482 565 413 336 284 242 97 73 47 27 24 22 24 66 429 349 330 306 272 307 312 330 392 489 447 513 473 358 344 251 163 107 64 43 24 32 30 27 117 457 362 349 301 331 303 307 346 392 496 500 53' 475 365 303 258 154 B4 37 AM PkHr 06:30 to 07:30 (n=1522), AM PHF=0.83 PM PkHr 17:30 to 18:30 (n=2125), PM PHF=0.94 -' Thu 05 Dee 2002 - Total=25429, 15 minute drops, 1200 1300 1400 f1500 1600 170~ 1800 1900 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 2000 2100 2200 2300 252 123 107 100 95 251 1154 1302 1198 1197 1163 1206 1240 1357 1576 b.874J.8AL;I,1i!74i 1955 1578 1271 1204 "4 SOO 7B " 23 38 13 31 143 30. 28' 351 307 302 314 312 382 462 '48 '60 52. 487 356 298 226 15' 75 73 31 31 27 16 48 257 306 272 282 264 280 309 339 368 '" 515 485 536 432 329 308 26' 116 79 64 24 25 15 26 65 346 34' 303 283 269 309 2" 339 387 508 443 543 416 384 289 299 205 11' 79 37 24 28 20 40 107 408 339 339 281 323 315 329 367 '39 460 465 516 '72 305 297 299 165 108 71 AM PkHr 06:45 to 07:45 (n=1371). AM PHF=O.84 PM PkHr 17:30 to 18:30 (n=2125), PM PHF=0.98 · Fri 06 Dee 2002 - Total=4959(ineomplete} , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1eOO 1900 2000 2100 2200 2300 304 149 139 12. 102 281 1212 1364 1260 75 40 28 36 13 47 139 363 284 79 53 45 40 23 43 251 306 308 ~:J3__23 38 n_ 32 51 37' 346 306 71 33 28 25 34 140 448 369 362 From: MartinA. Parish 619-390-8427 To: John Boarman EventCount-154 DATASETS: - Site: ChanneIA: ChannelB: _u_ Survey Duration: File: Identifier: Algorithm: PROFILE: Filter time: Name: Method: Units: In profile: Date: 12/9/2002 Time: 10:52:10 AM t-'age 11 OT,¿l EventCount-154 Page 1 Traffic Data Service Southwest Event Counts t/ [31505] Telegraph Canyon Rd Between Medical Cntr Dr and Paseo Del Rey Westbound 2 - East bound. - Excluded from totals. (0) 4 - West bound. - Added to totals. (1) 11 :21 Man 02 Dee 2002 to 1633 Fr! 06 Dee 2002 Z:\mcdata\LLG\2002\315\3150507DEC2002. ECO (Base) A643QTA4 MC56-1 [MC55] (c)Microcom 07106/99 Event count 15:00 Mon 02 Dee 2002 to 09:00 Fri 06 Dee 2002 Factory default profile Count axles divided by two. Non-Metric (ft, mi, fls, mph, Ib, ton) 98404 Events · Mon 02 Dee 2002 - Total=9904(ineomplete) . 15 minute drops, 000001000200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 17001800 1900 2000 2100 2200 2300 2061 1648 1601 1294 '87 870 760 397 28. u .69 42. 389 333 250 201 226 98 80 33 529 415 432 373 223 225 204 105 77 36 517 406 391 304 249 213 188 116 79 22 546 403 389 28' 265 231 142 78 50 25 · Tue 03 Dee 2002 - Total=27087 15 minute drops, 0000 01000200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 11' 52 " " 300 1075 1795 2078 2029 '1652 1545 1572 1477 1444 1633 1967 1647 1631 1390 1040 "7 768 474 '97 33 21 17 10 47 167 13 '09 391 415 373 322 346 <33 408 400 336 316 268 248 147 84 32 36 7 13 20 61 245 .47 550 505 457 368 394 409 370 384 554 41' 444 384 235 255 222 109 93 36 22 12 8 33 90 315 .69 481 SSO 374 382 383 354 369 412 457 415 415 330 241 251 156 112 74 23 25 12 10 27 102 348 474 534 47. 412 .04 380 341 383 48' 523 405 372 340 248 133 142 ·106 46 17 AM PkHr 07:45 to OS:45 (n=20S9), AM PHF=0.95 PM PkHr 15:00 to 16:00 (n=1967), PM PHF=0.89 · Wed 04 Dee 2002 - Total=27313, 15 minute drops, 0000 0100 0200 0300 0400 0500(0600 0700 0800ì0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 108 " 77 109 273 1038\1775 2093 204211679 1457 1519 1645 1533 1620 1891 1666 1730 1446 1071 '" SOO 416 347 32 17 20 16 40 177 n-¡;-:;~22' 456 424 419 430 422 353 461 421 '24 328 310 227 237 111 114 46 36 25 26 21 68 236 428 592 480 398 338 355 486 380 380 '8' 385 507 382 248 246 223 121 102 26 23 16 10 32 86 296 457 442 540 417 341 369 369 380 402 '88 403 413 351 253 211 168 101 81 29 17 11 21 40 79 329 47. 547 500 408 354 376 360 351 485 460 457 386 385 260 225 172 83 50 27 AM PkHr 07:15 to OS:15 (n=2103), AM PHF=O.89 PM PkHr 14:45to 15:45 (0=1916), PM PHF=0.98 _. Thu 05 Dee 2002 - Total=26~, 15 minute drops, 0000010002000300040005000600 0700 080~0900 1000 1100 1200 1300 1400 1500 16001700 1800 1900 2000 2100 2200 2300 128 54 48 '4 272 97b~1781 2106 2017)1702 1475 1501 1568 1490 1674 1922 1687 ~681 926 1015 907 790 515 359 46 15 20 15 42 148 430 560 490 444 395 419 44' 363 363 43' 420 428 3ll 248 220 242 145 11' 54 26 , 11 15 59 157 443 575 509 .46 354 395 418 353 412 498 412 466 291 274 244 236 143 86 36 29 17 6 32 78 296 463 '37 516 396 339 332 348 410 384 506 427 394 202 246 m 172 124 95 35 27 13 11 32 93 329 445 534 502 416 387 355 353 364 515 484 428 393 122 247 215 140 103 64 29 ~ PkHr 07:00 to 08:00 (n=2106), AM PHF=0.92 PM PkHr 14:45to 15:45 (n=1953), PM PHF=0.95 · Fri 06 Dee 2002 - Total=7417(ineomplete) , 15 minute drops. 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 154 61 60 107 279 937 1747 2028 2044 54 17 14 25 43 139 414 503 521 36 20 23 28 52 194 461 529 490 35 , 7 24 78 286 415 481 531 29 15 16 30 106 316 457 515 5õ2--------=----=-- u u ----- - "----------- Date: 12/9/2002 Time: 10:52:10 AM From: MartinA. ParÎsh 619-390-8427 To: John Boarman EventCount-154 DATASETS: Site: ChannelA: ChannelB: - Survey Duration: File: identifier: Algorithm: PROFILE: Filter time: _ Name: Method: Units: in profile: t-'age lL 01 Ll EventCount-154 Page 1 Traffic Data Service Southwest Event Counts /~ '( [31504] Telegraph Canyon Rd Between Paseo Ranchero and Paseo Ladera Eastbound 2 - East bound. - Added to totals. (1) 4 - West bound. - Excluded from totals. (0) 11 :23 Man 02 Dee 2002 to 16:49 Fri 06 Dee 2002 ZlmcdataILLG\2002131513150407DEC2002. ECO (Base) A6462Z28 MC56-1 [MC55] (c)Microcom 07/06/99 Event count 15:00 Mon 02 Dee 2002 to 09:00 Fri 06 Dee 2002 Factory default profile Count axles divided by two. Non-Metric (ft, mi, f/s, mph, Ib, ton) 75328 Events · Mon 02 Dee 2002 - Total=1 001 8(incomplete) , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1600 1900 2000 2100 2200 2300 1371 1477 1684 1714 1227 912 eo, "3 331 377 352 385 482 321 250 215 155 76 70 - 300 3" 433 '" 375 243 186 D. 93 53 - 320 356 42. 420 269 207 200 116 90 35 - 374 380 442 363 262 212 208 88 72 19 · Tue 03 Dee 2002 - Total=20244, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 14001500 16001700 1800 1900 2000 2100 2200 2300 177 10' ., 97 75 202 962 1112 1064 '31 81' 960 942 1048 12U 1380 1578 1690 1659 1231 1101 '" 553 352 70 35 12 39 16 24 109 252 312 231 192 228 237 232 294 336 358 386 .59 24' 290 226 151 95 63 53 20 15 28 14 31 193 221 259 251 181 245 237 24' 296 313 395 .56 419 347 273 225 172 95 39 35 22 13 16 14 40 281 311 237 205 202 234 225 279 313 383 418 .., 415 301 275 229 123 75 43 19 29 28 14 31 107 379 328 256 244 241 253 243 288 338 348 '07 3" 366 237 263 219 107 87 32 AM PkHr 07:30 to 08:30 (n=1210),AM PHF=0.92 PM PkHr 17:15 to 18:15 (n=1763), PM PHF=O.96 · Wed 04 Dee 2002 - Total=20538, 15 minute drops, HoofÍ5oo 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1600 1700\1600 1900 2000 2100 2200 2300 177 95 .. '" 55 184 1030 1096 1062 950 ,.. 901 '45 1034 122311490 1540 17501 1633 1314 1130 '59 ." 342 63 25 18 30 9 27 104 259 253 235 212 217 231 229 260 3L:s 3" 414 .17 377 293 255 172 103 63 39 31 25 41 21 32 184 215 231 233 210 202 227 279 310 393 382 410 45. 344 292 226 188 85 51 43 18 21 18 14 47 3.. 306 293 231 199 254 227 272 330 378 376 .58 418 288 285 186 140 80 " 32 21 30 27 21 78 3'3 316 285 251 263 228 260 254 323 390 391 ... 344 305 260 202 114 74 32 AM PkHr06:30 to 07:30 (n=1216), AM PHF=O.77 PM PkHr 17:30 to 18:30 (n=1797), PM PHF=O.96 --. Thu 05 Dee 2002 - Total=20526, 15 minute drops, 1300 140Q/í500 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1600 170011800 1900 2000 2100 2200 2300 195 110 94 '0 71 "" 925 1135 '" '" "3 '" 978 1053 1247~.lßQ6 1543 1676!1607 1283 1033 '33 ." 3" 63 36 17 36 12 24 104 242 240 287 229 213 270 245 303 383 367 382' '" 359 290 241 154 125 68 51 30 30 25 12 35 190 23' 225 248 207 222 245 256 286 358 .14 43. 441 355 292 223 212 103 65 " 21 19 13 20 44 282 310 224 214 195 240 229 282 315 346 394 .30 327 320 215 243 167 92 53 32 23 28 16 27 91 349 345 270 220 262 271 234 270 343 419 368 .32 381 249 236 226 115 76 52 AM PkHr 06:45 to 07:45 (n=1139),AM PHF=0.82 PM PkHr 17:3D to 18:30 (n=1761), PM PHF=O.96 · Fri 06 Dee 2002 - Total=4002(incomplete) , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1600 1900 2000 2100 2200 2300 23' 120 115 110 83 203 937 1097 1099 68 30 25 35 13 " 104 285 267 65 44 32 39 17 32 184 246 252 53 21 29 16 28 46 275 253 263 -52----25---2"9- 20 25 S7 374 313 297 - - - - ----- ------- '~--~-- - - - From: Martin A. Parish 619-390-8427 To: John Boarman EventCount-154 DATASETS: -Site: ChannelA: ChannelB: _ Survey Duration: File: Identifier: Algorithm: PROFILE: Filter time: Name: Method: Units: In profile: Date: 12/9/2002 Time: 10:52:10 AM Page 13 of 21 EventCount-154 Page 1 Traffic Data Service Southwest Event Counts ~ í [31504] Telegraph Canyon Rd Between Paseo Ranchero and Paseo Ladera Westbound 2 - East bound. - Excluded from totals. (0) 4 - West bound. - Added to totals. (1) 11:23 Mon 02 Dec 2002 to 16:49 Fri 06 Dec 2002 Z:\mcdata\LLG\2002\315\3150407DEC2002.ECO (Base) A6462Z28 MC56-1 [MC55] (c)Microcom 07/06/99 Event count 15:00 Mon 02 Dee 2002 to 09:00 Fri 06 Dee 2002 Factory default profile Count axles divided by two. Non-Metric (It, mi, f/s, mph, Ib, ton) 81849 Events * Mon 02 Dee 2002 - Total=8013(ineomplete), 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 1608 1320 1268 1099 761 768 651 325 193 370 327 302 286 190 164 197 82 5< 30 422 355 373 311 179 200 165 '6 62 33 396 322 291 245 187 176 162 93 6B 15 420 316 302 257 225 228 127 64 29 12 . Tue 03 Dee 2002 - Total=22585 ¡nute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 90 35 3' 70 258 911 \1524 1860 1855/1406 1273 1288 1116 1143 1334 1583 1332 1365 1162 85' 791 712 387 202 30 14 14 12 42 152 34' 482 --SU'O' 380 323 362 282 251 282 415 345 344 280 230 202 242 117 60 19 33 4 9 15 49 212 382 493 459 375 300 324 283 292 304 413 338 389 317 210 228 205 98 71 29 15 10 5 30 77 263 389 413 '76 334 317 291 258 303 333 '" 310 312 249 204 209 150 98 40 19 12 7 6 13 90 284 405 472 420 317 333 311 293 297 415 387 339 320 316 210 152 115 74 31 13 AM PkHr 07:45 to 08:45 (n=1907), AM PHF=0.95 PM PkHr 14:45 to 15:45 (n=1611), PM PHF=D.97 * Wed 04 Dee 2002 - Total=22728, 15 minute drops, 0000 0100 0200 0300 0400 0500/0600 0700 0801J',0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 00 54 62 04 241 906\15121862 179511459 1187 1242 1319 1225 n40 1502 1317 1385 1178 0.3 793 732 352 230 19 17 19 11 34 144 j'JL '1:01:1 q/5" 453 343 357 3'3 325 270 '" 316 344 260 236 179 217 83 91 36 29 13 19 18 55 207 366 517 429 319 283 279 366 308 280 373 323 406 301 198 200 217 111 62 10 19 15 0 22 72 251 380 397 463 386 272 298 277 312 373 37. 305 299 283 195 201 158 81 55 22 13 9 16 33 80 304 424 '90 .28 301 289 308 293 280 417 384 373 336 334 234 213 140 77 30 22 AM PkHr 07:15 to 08:15 (n=1879), AM PHF=D.91 PM PkHr 14:45 to 15:45 (n=1535), PM PHF=0.92 _* Thu 05 Dee 2002 - Total=21)g!l,.15 minute drops, 0000 0100 0200 0300 0400 0500,0600 0700 0800'0900 1000 1100 1200 1300 1400 1500 16001700 1800 1900 2000 2100 2200 2300 " 37 so 74 239 845 '1_527 1819 1965;1444 1172 1201 1185 1206 1372 1515 1383 1340 591 010 019 715 439 224 36 9 21 13 37 130 364 470· 519' 377 320 370 345 283 275 376 369 334 294 207 181 206 110 70 '8 18 0 11 12 48 172 350 511 451 309 299 299 303 313 329 "0 338 363 191 229 222 224 120 63 27 22 12 0 27 70 247 393 379 44' 337 266 259 251 341 321 30' 334 333 105 186 184 150 11. 49 16 22 , 10 22 84 296 412 459 451 341 287 273 206 269 447 355 342 310 1 188 232 135 87 42 24 A.M PkHr 07:45 to 08:45 (n=1873), AM PHF=O.90 PM PkHr 14:45 to 15:45 (n=1607), PM PHF::O.90 * Fr; 06 Dee 2002 - Total=6552{ineomplete) , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 "' 54 52 0' 245 800 1494 1911 1799 48 13 11 20 33 119 36' 485 475 27 21 18 21 49 164 369 521 453 16 8 7 21 69 241 371 408 422 24 12 16 20 94 276 3ã6·-4~~-----=-- - - =---~~~--- ------ From: MartinA. Parish 619-390-8427 To: John Boarman EventCount-154 DATASETS: Site: ChannelA: ChannelB: - Survey Duration: File: Identifier: Algorithm: PROFilE: Filter time: _ Name: Method: Units: In profile: Date: 121912002 Time: 10:52:10 AM Page 14 ot;¿1 EventCount-154 Page 1 Traffic Data Service Southwest Event Counts ( \~\ [31503] East H street Between Tierra Del Rey and Paseo Ranchero 2 - East bound. - Added to totals. (1) 4 - West bound. - Excluded from totals. (0) 11 :25 Man 02 Dec 2002 to 17:04 Fri 06 Dec 2002 Z:\mcdata\LLG\2002\315\3150307DEC2002. ECO (Base) A554FJK9 MC56-1 [MC55] (c)Microcom 07/06/99 Event count Eastbound 16:00 Mon 02 Dee 2002 to 09:00 Fri 06 Dee 2002 Factory default profile Count axles divided by two. Non-Metric (ft, mi, f/s, mph, Ib, ton) 82776 Events · Mon 02 Dee 2002 - Total=9742(ineomplete) , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 1739 1960 1846 1489 1103 83. .55 316 - 452 497 499 422 293 236 138 77 62 442 504 438 371 290 225 153 101 44 386 461 494 384 272 200 93 78 36 - 459 498 415 312 248 173 71 60 26 · Tue 03 Dee 2002 - Total=22840, 15 minute drops, 1400r1500 1700'\1800 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1600 1900 2000 2100 2200 2300 168 63 42 38 55 145 745 1438 1174 1032 1019 1283 1386 1338 1567\1621 1759 1861 1839 1432 1162 856 538 279 6Z 25 14 12 17 20 73 304 366 257 238 308 327 337 378 6 41 491 397 290 263 170 81 42 44 16 11 6 15 25 131 233 267 267 228 303 361 322 408 416 442 500 478 369 302 228 156 83 58 36 10 5 7 10 30 215 3" 261 247 285 318 326 345 373 399 415 .31 445 357 284 187 118 61 37 26 12 12 13 13 70 326 S05 280 261 268 354 372 334 408 426 426 ..0 425 309 286 178 94 54 34 AM PkHr07:30 to 08:30 (n=1534),AM PHF=0.76 PM PkHr 17:15 to 18:15 (n=1891), PM PHF=0.93 · Wed 04 Dee 2002 - Total=23256, 15 minute drops, 1400."1500 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1600 1700\1800 1900 2000 2100 2200 2300 >71 90 58 3. 49 133 786 1341 1255 978 1102 1233 1332 1406 1546\1663 1832 189611842 1509 1190 1029 487 284 42 27 19 6 16 23 Bl 310 343 231 244 276 304 327 372 j~é2- 475 507 3" 331 273 152 90 49 58 28 14 8 14 22 123 240 299 176 240 256 351 344 375 420 440 503 482 394 272 275 135 74 48 37 18 12 8 9 29 201 353 257 255 282 324 320 364 389 408 462 450 453 382 295 266 98 75 35 34 17 13 12 10 59 381 .38 356 316 336 377 357 371 410 442 468 .68 400 341 292 215 1G2 55 30 AM PkHr07:30 to 08:30 (n=1433), AM PHF=O.82 PM PkHr 17:15to 18:15 (n=1928), PM PHF=O.95 -' Thu 05 Dee 2002 - Total=23014, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400lÍ500 1600 1700\1800 1900 2000 2100 2200 2300 162 '0 " 41 .. 13. 730 1366 1188 1059 973 1227 ~276 1396 1530;1619 1802 1852i1801 1541 1232 970 566 354 49 28 29 9 9 23 71 293 376 255 210 289 323 329 358 j97 440 423' ..7 427 321 291 155 110 61 48 17 9 15 10 20 141 236 302 271 226 299 322 348 390 374 427 ". 467 394 312 246 161 87 46 35 22 10 5 13 32 195 .02 223 273 248 321 297 358 386 423 454 450 453 369 306 213 128 78 45 30 23 11 12 14 59 323 435 287 260 289 318 334 361 3% 425 481 481 414 351 293 218 122 79 35 AM PkHr 07:30 to 08:30 (n~1515), AM PHF=O.87 PM PkHr 17:15 to 18:15 (n=1896), PM PHF=O.95 · Fri 06 Dee 2002 - Total=3924(ineomplete) , 15 minute drops, 0000 0100 0200 03000400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 187 101 " 43 " 129 783 1338 1235 61 29 16 11 12 14 95 309 336 46 23 17 12 7 28 128 248 280 -- 45 24 9 7 17 37 210 379 266 13 13 50 350 402 ------ = --- --- ---------.,-- -,---~--=- - - ----- 35 25 17 353 - - - - - -~-- Date: 12/9/2002 Time: 10:52:10 AM I-'age 1ö OT:¿1 From: Martin A. Parish 619-390-8427 To: John Boarman EventCount-154 DATASETS: Site: ChannelA: ChannelB: -Survey Duration: File: Identifier: Algorithm: PROFILE: Filter time: _ Name: Method: Units: In profile: EventCount-154 Page 1 Traffic Data Service Southwest Event Counts (¿J; [31503] East H Street Between Tierra Del Rey and Paseo Ranchero 2 - East bound. - Excluded from totals. (0) 4 - West bound. - Added to totals. (1) 11 :25 Mon 02 Dec 2002 to 17:04 Fri 06 Dec 2002 Z:\mcdata\LLG\2002\315\3150307DEC2002. ECO (Base) A554FJK9 MC56-1 [MC55] (c)Microcom 07/06/99 Event count Westbound 16:00 Mon 02 Dee 2002 to 09:00 Fri 06 Dee 2002 Factory default profile Count axles divided by two. Non-Metric (ft, mi, f/s, mph, Ib, ton) 85064 Events · Mon 02 Dee 2002 - Total=7281 (incomplete) , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 17001800 1900 2000 2100 2200 2300 - 1577 1488 1403 1036 770 603 274 130 39. 381 370 277 201 191 85 40 22 387 41' 374 255 185 160 73 29 24 389 359 325 267 182 149 63 38 10 407 334 334 237 202 103 53 23 20 · Tue 03 Dee 2002 - Total=23848, 15 minute drops, 0000 0100 0200 0300 0400 0500y~600 UfUU 0600"\0900 1000 1100 1200 1300 1400 1500 1600 1700 1600 1900 2000 2100 2200 2300 " 47 26 " '" 569\1152 1659 1624,1430 1527 1534 1540 1490 1544 1799 1535 1622 1423 1069 819 '3' 30' 13' 22 18 9 8 40 93 7101 .:Hj~ '15-5' 336 377 402 397 353 343 .29 353 413 344 328 216 191 100 41 27 24 18 3 12 33 145 293 .29 393 373 398 388 426 36. 335 .., .20 388 394 269 215 191 86 32 20 10 6 7 17 55 155 290 39> .23 363 357 355 352 417 .13 '83 379 407 351 247 206 124 69 34 17 20 5 7 11 63 196 308 .SO 353 356 395 389 365 356 .53 438 383 .14 334 245 182 130 54 32 15 - AM PkHr 07:15 to 08:15 (n=1725), AM PHF=O.95 PM PkHr 14:45 to 15:45 (n=1814), PM PHF=0.94 · Wed 04 Dee 2002 - Total=24207. 15 minute drops, 0000 0100 0200 0300 0400 0500~õ600 0700 080010900 1000 1100 1200 1300 1400 1500 1600 1700 1600 1900 2000 2100 2200 2300 " 3' 28 so 177 544\1160 1682 1650t1487 1497 1611 1631 1525 1543 1842 1576 1622 1471 1111 819 .60 25' ,.7 27 13 12 6 27 82 265 - :n7--4"92' .11 '05 42} 459 436 356 401 427 363 386 321 224 213 90 52 21 20 9 . 13 29 127 "8 .,2 409 351 358 41. 427 354 348 513 375 .16 342 298 231 160 61 38 31 17 9 5 12 51 152 28. 391 380 331 361 353 371 383 394 "8 366 422 '09 247 180 160 58 27 14 15 8 7 19 70 163 313 512 369 39' 37) 421 374 352 ..5 .80 388 401 33. 245 184 127 47 30 14 AM PkHr07:15 to 08:15 (n=1797), AM PHF=0.88 PM PkHr 15:15 to 16:15 (n=1868), PM PHF=0.91 · Thu 05 Dee 2002 - Total-243 ute drops, 0000 0100 0200 0300 0400 05000600 0700 0800_0900 1000 1100 1200 1300 1400 1500 1600 1700 1600 1900 2000 2100 2200 2300 80 35 35 51 198 536'~173 1674 163311442 1432 1544 1502 1527 1542 1809 1531 1653 1696 1232 88' ". 320 '" 21 9 ,. 8 31 96 259 388 461' 353 .13 426 420 3.6 342 .09 388 385 36' 416 203 220 132 58 " 31 10 8 8 34 118 317 .33 40' 369 331 378 367 410 327 '8' 350 ." 363 283 245 195 77 3' 37 14 10 5 15 47 141 273 38. .09 369 300 352 363 403 ." ... 403 391 ." 288 202 155 60 39 16 14 6 8 20 76 181 324 .., 3" 351 388 368 352 368 ... 465 390 .05 457 245 23. 10. 51 33 24 AM PkHr 07:15 to 08:15 (n=1747), AM PHF=O.9J PM PkHr 15:00to 16:00 (n=1809), PM PHF=O.92 · Fri 06 Dee 2002 - Total=5371 (incomplete) , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 106 51 37 .9 160 534 1111 1632 1691 29 17 15 5 31 80 2.8 3" 491 37 7 10 9 26 116 263 431 393 16 16 5 15 39 139 269 370 .25 -2~il"·--·T-- 20 6. 199 331 502 38'2----------- --------- ~----- - - - ~ - - - Date: 12/9/2002 Time: 10:52:10 AM From: Martin A. Parish 619-390-8427 To: John Boarman EventCount-154 DATASETS: Site: ChannelA: ChannelB: - Survey Duration: File: Identifier: Algorithm: PROFilE: Filter time: _ Name: Method: Units: In profile: t-'age If OT L I EventCount-154 Page 1 Traffic Data Service Southwest Event Counts 0: [31502] East H Street Between Del Rey Blvd and Paseo Del Rey 2 - East bound. - Added to totals. (1) 4 - West bound. - Excluded from totals. (0) 11:26 Man 02 Dee 2002 to 17:09 Fri 06 Dee 2002 Z:lmcdatallLG\2002131513150207DEC2002.ECO (Base) A567C54F MC56-1 [MC55] (c)Mieroeom 07/06/99 Event count Eastbound 16:00 Mon 02 Dee 2002 to 09:00 Fri 06 Dee 2002 Factory default profile Count axles divided by two. Non-Metric (ft, mi, fls, mph, Ib, ton) 94887 Events · Man 02 Dee 2002 - Total=1 0783(ineomplete) , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2020 2202 2092 1658 1153 854 490 556 529 504 324 219 493 548 532 476 298 222 498 524 538 356 271 222 539 574 493 322 260 191 2200 472 151 142 99 '0 2300 332 '0 99 83 70 52 52 33 23 · Tue 03 Dee 2002 - Total=26535, 15 minute drops, 140011500 1600 17õ()\1800 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1900 2000 2100 2200 2300 >60 81 .. 54 " 19' 882 1622 1312 1302 1374 1556 1662 1659 1784\197;L2095 2122 ;2079 1552 1173 8.. "8 282 52 33 13 13 26 23 96 326 380 308 344 "9 412 400 420 440 520 SI':Z- 50s 435 255 276 172 77 46 52 13 15 3 18 37 180 315 315 32' 302 417 '33 417 453 455 534 512 53' 423 315 220 154 82 52 33 17 7 15 19 40 264 415 275 300 334 368 .20 422 '60 526 533 532 518 378 309 208 119 72 30 23 18 14 23 26 93 340 564 342 365 394 '3' 417 420 451 511 50' 555 520 316 253 190 113 51 32 AM PkHr 11:45 to 12:45 (n=1699), AM PHF=0.98 PM PkHr 17:30 to 18:30 (n=2139), PI\iI PHF=0.94 · Wed 04 Dee 2002 - Total=26536, 15 minute drops, -í'S00 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 16001700'\1800 1900 2000 2100 2200 2300 160 101 71 44 87 204 901 1494 1443 1246 1322 1497 1596 1661 1776 ·1918 2083 2171~ 2061 1697 1172 .92 527 312 46 24 20 7 23 39 106 314 389 281 286 336 394 386 396 44'4 519 544' 525 503 332 269 172 91 53 52 34 18 7 19 36 153 285 312 271 357 359 '03 441 442 507 '96 515 54. 456 301 276 142 83 56 30 21 20 9 19 48 244 385 307 314 297 405 '0' 404 490 507 571 544 490 379 287 223 115 72 37 32 22 13 21 26 81 398 510 435 380 382 397 396 430 446 460 495 56S 502 359 252 224 96 66 " AM PkHr 11:30 to 12:30 (n=1599), AM PHF=0.99 PM PkHr 17:30 to 18:30 (n=2181), PM PHF=0.96 --' Thu 05 Dee 2002 - Total=26547, 15 minute drops, 1300 1400:1500 1600 1700'1800 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1900 2000 2100 2200 2300 179 102 6S sa 81 222 859 1530 1355 1309 1336 1522 1572 1699 1739 189"L2062 2047,2085 1700 1200 .40 612 376 53 32 31 15 20 43 95 303 394 325 294 328 381 386 393 <51 ù'r 502 538 483 321 252 171 11' 64 56 23 , 16 14 '0 155 303 356 330 324 387 391 434 '63 456 513 469 555 452 296 247 174 84 56 37 23 13 9 21 43 253 391 262 328 313 372 366 .34 449 490 537 556 482 384 317 228 145 91 49 33 24 13 18 26 96 356 533 343 326 405 435 43' 445 434 500 515 520 510 381 266 213 122 87 38 AM PkHr07:30 to 08:30 (n=1674), AM PHF=O.79 PM PkHr 17:30 to 18:30 (n=2169), PM PHF=0.98 · Fri 06 Dee 2002 - Total=4486(ineomplete), 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 207 107 64 61 90 188 854 1537 1378 64 26 18 13 21 26 102 337 360 56 26 21 11 15 43 140 295 323 49 28 12 8 23 54 270 414 303 38 --- z=¡- 13 29 :fl-- -b.f"u·T~~l J::¡¿ 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 ------- ---- From: Martin A. Parish 619-390-8427 To: John Boarman Date: 12/9/2002 Time: 10:52:10 AM Page 18 of21 EventCount-154 DATASETS: Site: ChannelA: ChannelB: -- Survey Duration: File: Identifier: _ Algorithm: PROFILE: Filter time: Name: Method: Units: In profile: EventCount-154 Page 1 Traffic Data Service Southwest Event Counts ~ [31502] East H Street Between Del Rey Blvd and Paseo Del Rey 2 - East bound. - Excluded from totals. (0) 4 - West bound. - Added to totals. (1) 11 :26 Man 02 Dec 2002 to 17:09 Fri 06 Dec 2002 Z:\mcdata\LLG\2002\315\3150207DEC2002 ECO (Base) A567C54F MC56-1 [MC55] (c)Microcom 07106199 Event count Westbound 16:00 Mon 02 Dee 2002 to 09:00 Fri 06 Dee 2002 Factory default profile Count axles divided by two. Non-Metric (It, mi, fls, mph, Ib, ton) 96497 Events · Mon 02 Dee 2002 - Total=8870{ineomplete) , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1600 1900 2000 2100 2200 2300 - 1647 1688 1531 1245 1139 020 415 277 417 437 364 303 292 306 153 71 46 419 467 421 311 276 240 110 59 31 415 411 367 354 287 240 77 78 25 396 373 379 277 284 142 75 69 39 · Tue 03 Dee 2002 - Total=27162, 15 minute drops, 0000 0100 0200 0300 0400 050 0600 09001000 1100 1200 1300 1400 1500 16001700 1800 1900 2000 2100 2200 2300 141 57 '3 " 164 '" 779 1690/1504 1635 1729 1763 1804 1755 B43 1661 1702 1494 1361 1169 950 470 26' 46 26 17 13 24 89 301 420 453' 393 409 463 468 423 419 '54 406 442 383 361 297 285 152 76 53 31 20 10 12 29 151 349 487 414 393 399 450 469 462 381 471 399 446 391 362 296 277 125 71 45 25 6 7 16 45 191 329 391 442 358 412 404 397 493 440 '" 458 415 358 345 279 199 94 61 28 3' 5 9 13 66 218 353 481 381 360 415 412 429 426 507 522 418 397 362 313 297 189 68 56 24 __ AM PkHr 07:15 to 08:15 (n=1812), AM PHF=0.93 PM PkHr 15:DOto 16:00 (n=1943), PM PHF=0.93 · Wed 04 Dee 2002 - Total=27285, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0 80 ,0900 1000 1100 1200 1300 1400 1500 1600 1700 1600 1900 20002100 2200 2300 150 60 46 46 167 61' 37 1823 170S!1526 1603 1664 1786 1779 1775 2000 1679 1727 1567 1333 1156 1013 421 ZOO 53 17 16 5 18 79 282 410 451 406 425 434 513 '" 430 '00 428 445 392 359 274 305 152 84 40 45 18 7 10 36 147 353 461 471 353 380 405 468 441 397 536 401 436 390 314 321 260 106 79 42 28 12 15 15 45 184 343 436 385 379 400 426 383 437 43. '95 '08 466 409 330 274 264 87 75 26 24 13 8 16 68 204 359 514 398 388 398 419 422 407 509 489 442 380 376 330 287 184 76 50 28 AM PkHr 07:30 to 08:30 (n=1874), AM PHF=0.91 PM PkHr 14:45 to 15:45 (n=2020), PM PHF=O.94 · Thu 05 Dee 2002 - Total=2734 5 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800j0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 136 50 " 55 181 596~323 1752 1766,1523 1526 1692 1744 1790 1629 1929 1625 1716 1609 1403 1129 "0 '" 286 '0 13 18 , 24 95 275 422 495' 378 410 426 469 400 415 425 382 391 436 452 283 314 177 113 41 42 16 12 11 38 133 351 457 402 403 328 438 440 459 438 510 420 497 406 326 301 291 111 65 55 26 12 7 18 43 168 336 43' 438 386 366 387 404 09 484 '0' 403 427 485 335 276 204 90 66 28 28 . 9 17 76 200 361 '39 431 356 422 441 431 492 492 505 420 401 482 290 26. 170 86 42 33 AM PkHr 07:15 to 08:15 (n=1825), AM PHF=O.92 PM PkHr 15:00 to 16:00 (n=1929), PM PHF=O.95 · Fri 06 Dee 2002 - Total=5831 (ineomplete) ,15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0600 0900 1000 1100 1200 1300 1400 1500 1600 1700 1600 1900 2000 2100 2200 2300 163 " 43 53 155 576 1238 1794 1740 47 20 14 9 26 81 276 388 418 55 13 13 8 28 113 312 452 458 ~~2-8-- ;6.Q...__7-__1-8--__4-5--1_6.fL 3.DLA5..·L 4_~ ---~ -- 33 16 . 18 56 214 346 497 389 From: Martin A. Parish 619·390-8427 To: John Boarman Date: 12/9/2002 Time: 10:52:10 AM Page 19 of 21 EventCount-154 Page 1 Traffic Data Service Southwest Event Counts / Site: ChannelA: ChannelB: - Survey Duration: File: Identifier: _ Algorithm: [31502] East H Street'S-etween Del Rey Blvd and Paseo Del Rey 2 - East bound. - Excluded from totals. (0) 4 - West bound. - Added to totals. (1) 11:26 Man 02 Dec 2002 to 17:09 Fr; 06 Dec 2002 Z:\mcdata\LLG\2002\315\3150207DEC2002. ECO (Base) A567C54F MC56·1. [MC55] (c)Microcom 07/06/99 Event count . / /"// / / / Westbound / / / / EventCount·154 DATASETS: , . / ; \. 16:00 Mon 02 Dee 2~ to 09:00 Fri 06 Dee 2002 FactolY default profile \ Count axles divided by two\ Non-Metric (ft, mi, I/s, mph, Ib, ton) 96497 Events \ \ \ _ . Mon 02 Dee 2002 - Total=8870(ineomplete) , 15 minute dr~Þ1'" 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200\1300 1400 1500 - \ - , PROFILE: Filter time: - Name: Method: Units: In profile: . Tue 03 Dee 2002 - Total=27162, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 'l'~Ò,O 1500 141 57 43 54 164 649 1332 1779 1690 1504 1635 1729 1763 1804 1755 1943 46 26 17 13 24 89 301 420 453 393 409 463 468 4,23 419\ 484 31 20 10 12 29 151 349 487 414 393 399 450 469 .,;'462 381 \471 25 6 7 16 45 191 329 391 442 358 412 404 397/493 448 '4ß6 39 5 9 13 66 218 353 481 381 360 415 412 42,9 426 507 5'~2 .__ AM PkHr07:15 to 08:15 (n=1812), AM PHF=0.93 PM PkHr 15:00 to 16:00 (n=,'943), PM PHF=O,93\ - \- .,- \ -\ \ \/ 1600 1647 417 419 415 - 396 1700 1800 1900 2000 2100 2200 2300 1688 1531 1245 1139 928 fl' 277 437 364 303 292 306 153 71 46 467 421 311 276 240 110 59 31 411 367 354 287 240 77 " 25 373 37' 277 284 142 75 6' 39 * Wed 04 Dee 2002 - Total=27285, 15 minute drops, / 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1l0Ó 1200 1300 1400 1500 150 60 46 46 167 614 1337 1823 1705 1526 1603 1~4 1786 1779 1775 2000 53 17 16 5 18 79 282 410 451 406 425/434 513 494 430 480 45 18 7 10 36 147 353 461 471 353 38Q/ 405 468 441 397 536 28 12 15 15 45 184 343 438 385 379 40,Ó 426 383 437 439 495 24 13 8 16 68 204 359 514 398 388 3~8 419 422 407 509 489 AM PkHr 07:30 to 08:30 (n=1874),"AM PHF=O.Q1 PM PkHr 14:45'to 15:45 (n=2020), PM PHF=0.94 / - . Thu 05 Dee 2002 - Total=27349, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 OS-DO 1000 1100 1200 1300 1400 1500 136 50 46 55 181 596 1323 1752 1766 ~~23 1526 1692 1744 1790 1829 1929 40 13 16 9 24 95 275 422 49Y 378 410 426 469 400 415 425 42 16 12 11 38 133 351 457 40 403 328 438 440 459 438 510 26 12 7 18 43 168 336 434 43 386 366 387 404 439 484 489 28, 9 9 17 76 200 361 439 4zh 356 422 441 431 492 492 505 AM PkHr 07:15 to 08:15 (n=1825), AM PHF=O,92 plV PkHr 15:00to 16:00 (0=1929), PM PHF=0.95 / . Fr; 06 Dee 2002 - Total=5831 (ineompiete) , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700' 0600 0900 1000 1100 1200 1300 1400 1500 163 69 43 53 155 576 1238 1794 1740 47 20 14 9 26 81 276 388 478 55 13 13 8 28 113 312 4:52 458 _"_28------2D-_7__1ß_4_5_1~3...9A..._ ~L _415 33 16 9 18 56 214 346 /497 389 1600 1700 1800 1900 2000 2100 2200 2300 1681 1702 1494 1381 1169 ,SO '7' 2" 406 442 383 361 297 285 192 76 53 399 448 391 362 296 277 125 71 45 458 415 358 345 279 199 94 61 28 418 397 362 313 297 189 68 56 24 , I, ~600 1700 1800 1900 2000 2100 16~9 1727 1567 1333 1156 1013 4bB 445 392 359 274 305 401. 436 390 314 321 260 408\ 466 409 330 274 264 442 \380 376 330 287 184 2200 421 152 106 87 76 2300 288 84 79 75 50 40 42 26 28 \ \ 1600 1700\ 1600 1900 2000 2100 2200 2300 1625 1716 ~809 1403 1129 97' ." 28' 382 391 ·.¡ 36 452 283 314 177 113 47 420 497 4'96 326 301 291 111 65 55 403 427 4e·~ 335 276 204 90 66 28 420 401 48¿--, 290 269 170 " 42 33 \ \ 1600 1700 1800 19ÒO 2000 2100 2200 2300 ---------- - , - \- - '\ \ \ \ \ , From: Martin A. Parish 619-390-842/ To: John ~oarman EventCount-154 DATASETS: Site: ChannelA: ChannelB: Survey Duration: File: Identifier: Algorithm: PROFILE: Filter time: Name: Method: Units: In profile: Uate: l:¿¡::Ir:¿UUL lime: lV:~L:1UAIVI t"age LV or L I EventCount-154 Page 1 Traffic Data Service Southwest Event Counts ¿-;' , /' [31501] East H Street Between Hidden Vista Dr and Terra Nova Dr 2 - East bound. - Added to totals. (1) 4 - West bound. - Excluded from totals. (0) 11 :29 Mon 02 Dec 2002 to 16:54 Fri 06 Dec 2002 Z:lmcdata1LLG120021315131501 07DEC2002. ECO (Base) A650941T MC56-1 [MC55] (c)Microcom 07/06/99 Event count Eastbound 18:00 Mon 02 Dec 2002 to 09:00 Fri 06 Dec 2002 Factory default profile Count axles divided by two. Non-Metric (ft, mi. f/s, mph, Ib, ton) 99299 Events · Mon 02 Dee 2002 - Total=7463(ineomplete) , 15 .minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 2321 1867 1326 "0 55' .14 619 562 352 "9 179 101 62 - 577 518 344 273 164 123 65 - 613 417 298 262 118 100 " 512 370 332 216 94 90 28 · Tue 03 Dee 2002 - Total=28835, 15 minute drops, ~ 1700\1800 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 Hod 1500 1600 1900 20002100 2200 2300 '" .. 64 62 " 231 918 1582 1373 1352 1396 1610 1756 1762 1901\..2185 2343 2322(234D 1833 1361 1044 642 367 62 40 17 12 26 30 98 288 433 337 342 357 .38 .19 446 533 598 534 59. 5<9 338 319 199 99 62 65 15 20 8 23 37 197 313 285 316 319 422 42' 443 484 561 580 .0. 577 495 391 258 183 110 57 43 23 12 14 19 45 271 439 284 310 349 387 457 440 476 560 553 570 579 409 331 233 140 97 38 28 18 15 28 29 119 352 542 371 389 386 ... '36 460 <95 531 612 .14 585 380 301 234 120 61 35 AM PkHr 11:45 to 12:45 (n=1764), AM PHF=0.96 PM PkHr 17:15to 18:15 (n=2387), PM PHF=0.97 · Wed 04 Dee 2002 - Total=29169, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 140 1500 1600 1700 1800 1900 2000 2100 2200 2300 192 121 75 5. .. 242 928 1552 1496 1304 1416 1553 1706 1750 190][ 2214 2286 2397 2400 1955 1344 1161 .SO 3.8 62 32 25 . 24 " 109 305 401 299 309 351 403 413 446 '0< 587 355 296 210 105 71 57 38 19 8 20 39 173 296 333 292 353 366 452 466 478 578 569 595 .02 519 358 340 199 93 66 38 27 17 14 20 59 258 433 337 329 340 410 417 447 497 553 550 591 .03 435 323 279 140 81 4' 35 24 14 25 32 101 388 518 425 384 414 .2. 434 424 480 561 596 .30 591 414 308 246 117 89 41 AM PkHr 11:45 to 12:45 (n=1698), AM PHF=0.94 PM PkHr 17:45 to 18:45 (0=2439), PM PHF=0.97 _ _. Thu 05 Dee 2002 - Total=291 05, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400,1500 1600 170 1800 1900 2000 2100 2200 2300 224 120 73 '2 8. 24. 871 1S84 1402 1398 1412 1582 1575 1800 1830~2133 2306 2304 2339 1960 1396 1098 745 453 71 35 29 14 20 40 10' 304 .18 350 312 362 '04 397 444 539 5 8 .00 569 355 287 213 144 80 66 31 12 16 14 38 177 312 ". 375 350 396 405 477 .84 517 576 594 572 521 384 289 198 98 80 46 27 15 11 24 60 257 ... 286 327 366 371 399 461 '54 533 562 562 585 442 326 282 163 107 60 41 27 17 19 31 111 333 52. 349 346 384 453 467 465 448 544 600 ." 582 428 331 240 151 10' 53 AM PkHr 07:30 to 08:30 (n=1735), AM PHF=0.83 PM PkHr 17:45 to 18:45 (0=2366), PM PHF=0.97 · Fri 06 Dee 2002 . Total=4726(ineomplete) , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 273 128 87 70 03 224 904 1532 1415 80 31 24 14 21 31 109 299 386 80 38 28 12 15 55 149 308 324 60 31 13 11 24 5' 263 422 309 --ST--· -Ze-----n--33-n--a-z-- ]-(3"3-- -5e-J--396-= ------- ----~--- ---------- From: Martin A. Parish 619~39D~8427 To: John Boarman Date: 12/9/2002 Time: 10:52:10 AM I-'age <:'1 ot <:'1 EventCount-154 Page 1 Traffic Data Service Southwest Event Counts cventCount-154 DATAScTS: Site: ChannelA: ChannelB: Survey Duration: File: Identifier: Algorithm: [31501] cast H Street Between Hidden Vista Dr and Terra Nova Dr 2 - East bound. - Excluded from totals. (0) 4 - West bound. - Added to totals. (1) 1129 Mon 02 Dec 2002 to 16:54 Fri 06 Dec 2002 Z:lmcdataILLG\20021315131501 07DEC2002. ECO (Base) A650941T MC56-1 [MC55] (c)Microcom 07/06/99 Event count Westbound PROFILE: Filter time: Name: Method: Units: In profile: 18:00 Mon 02 Dee 2002 to 09:00 Fri 06 Dee 2002 Factory default profile Count axles divided by two. Non-Metric (It, mi, f/s, mph, Ib, ton) 104530 Events · Mon 02 Dee 2002 - Total=5894(ineomplete), 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 1608 1334- 1205 '" 467 2" H3 354 313 ", 164 77 47 - 429 317 279 263 126 59 37 397 353 "6 26' 92 81 " 36' 310 317 159 85 73 44 · Tue 03 Dee 2002 - Total=30274, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 157 65 48 .. 210 811\1681 2186 2151 1795 1766 1876 1900 1942 1783 2100 1779 1845 1573 1452 1219 1055 50' ". 47 25 17 14 26 121 '" 'I:>'::> b14" 465 439 546 507 433 419 494 445 457 HO 403 324 265 157 81 55 37 21 11 15 37 187 434 ." 516 456 474 461 488 514 376 545 H6 514 H6 387 303 311 127 87 51 2' 14 7 18 56 230 419 513 515 441 439 H6 446 490 490 463 461 445 336 336 262 236 106 59 25 44 5 13 17 87 273 465 595 506 433 H4 453 457 505 49B 576 457 42' H1 324 310 234 77 6' " AM PkHr 07:15 to 08:15 (n=2345), AM PHF=0.94 PM PkHr 15:00 to 16:00 (n=21 00), PM PHF=IU1 · Wed 04 Dee 2002 - Total=30585 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 160 " 51 '6 213 766~1670 2254 Zk87 1789 1781 1839 1953 1840 1872 2164 1813 1846 1676 1395 1241 1146 460 312 55 20 16 7 24 107 356 493 600· 474 456 514 557 510 441 521 444 466 440 393 314 364 151 93 46 51 23 6 13 44 183 H6 572 554 442 464 417 494 453 421 567 454 503 407 352 326 292 134 74 42 2S 13 12 24 55 222 420 '" 521 452 437 465 456 451 460 481 H6 454 440 311 280 268 103 83 26 " 13 15 24 " 254 476 '30 512 421 424 443 446 426 550 575 49' 423 389 339 319 222 92 62 28 AM PkHr 07:15 to 08:15 (n=2361), AM PHF=O.94 PM PkHr 15:00 to 16:00 (n=:2164),PM PHF;;0.92 · Thu 05 Dee 2002 - Total=30574 in e drops, 0000 0100 0200 0300 0400 0500, 0600 08000900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 142 55 50 70 22" 757,1638 216511793 1709 1842 1854 1917 1913 2090 1725 1818 1944 1507 1222 1101 545 321 46 17 19 13 26 118 Jl:::1 620' 429 477 490 512 424 433 476 411 443 491 502 325 333 190 124 52 42 19 13 14 48 172 454 517 467 420 474 472 496 453 ". 428 525 476 356 311 329 146 76 64 26 12 10 23 49 216 403 509 472 380 402 423 468 500 50s 436 422 467 340 274 255 lOS 73 33 28 6 e 20 103 251 462 557 519 425 432 476 447 529 527 543 446 428 486 309 312 184 104 48 34 AM PkHr 07:15 to 08:15 (n=2290), AM PHF=0.92 PM PkHr 15:00 to 16:00 (n=2090), PM PHF=O.92 · Fri 06 Dee 2002 - Total=7202(ineomplete) . 15 minute drops, 0000 0100 0200 03000400 0500 0600 0700 oaoo 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 163 71 54 " '" 710 1590 2168 2158 52 20 16 13 32 107 321 476 60s 64 14 15 9 37 139 424 554 540 33 20 11 19 45 211 383 525 476 34 17 12 28- 85 2':'3 4ó2 013 53/ - - -----~-" /ç / From: Martin Parish To: John Boarman EventCount-48 DATASETS: Site: ChannelA: ChannelB: - Survey Duration: File: Identifier: Algorithm: PROFILE: Filter time: _ Name: Method: Units: In profile: Date: 12/30/02 Time: 8:42:16 AM Page 2 of 1/ EventCount-48 Page 1 Traffic Data Service Southwest Event Counts \ ;"1, [31509] Olympic Parkway Between Heriage Rd and La Media Eastbound 2 - East bound. - Added to totals. (1) 4 - West bound. - Excluded from totals. (0) 11:10 Man 09 Dec 2002 to 17:37 Wed 11 Dee 2002 CITraffic Datalmcdata1LLG12002131513150912DEC2002.ECO (Base) A56374S4 MC56-1 [MC55] (c)Microcom 07/06/99 Event count 13:00 Man 09 Dee 2002 to 12:00 Wed 11 Dee 2002 Factory default profile Count axles divided by two. Non-Metric (ft, mi, fls, mph, Ib, ton) 15664 Events · Mon OS Dee 2002 - Total=4261 (incomplete) , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0600 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 390 '88 532 588 '21 578 3" 295 215 132 53 66 105 146 132 128 156 111 73 52 40 17 , 117 127 111 137 147 154 97 85 73 46 18 11 101 134 125 159 14' 141 89 70 46 32 8 7 106 122 150 160 197 125 72 67 " 14 10 7 · Tue 10 Dee 2002 - Total=8008, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 3' 15 21 12 20 106 '" 765 461 461 339 391 393 380 442 '" '" '" 601 408 308 216 139 70 , 3 5 4 2 12 89 227 161 97 83 101 111 92 106 111 151 153 158 111 75 56 37 28 6 11 5 0 2 3 13 140 143 135 141 102 93 103 99 112 125 148 165 169 113 91 57 39 " 8 7 7 5 5 10 29 206 189 B7 108 73 85 B7 97 105 102 157 1'3 148 101 " 51 37 18 19 7 0 11 1 5 52 26' 206 " 115 81 112 92 92 119 131 153 148 126 83 68 52 26 10 6 AM PkHr 06:30 to 07:30 (n=840), AM PHF=0.80 PM PkHr 17:30 to 18:30 (n=638), PM PHF=O.94 · Wed 11 Dee 2002 - Total=33S4(incomplete) , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 " 25 22 17 27 123 "9 791 485 '68 432 '" 6 8 3 4 4 7 109 236 157 96 120 99 8 10 2 2 3 12 148 141 138 104 133 92 19 5 6 6 12 28 189 195 91 91 85 73 6 2 11 5 8 76 273 219 " 77 " 82 ._------------._~--_._-- From: Martin Parish To: John Boarman Date: 12/30102 Time: 8:42:i6 AM Page 3 of 17 EventCount-48 Page 1 Traffic Data Service Southwest Event Counts EventCount-48 1\ 1\ DATASETS: Site: ChannelA: ChannelS: - Survey Duration: File: Identifier: Algorithm: [31509] Olympic Parkway Between Heriage Rd and La Media Westbound 2 - East bound. - Excluded from totals. (0) 4 - West bound. - Added to totals. (1) 11:10 Man 09 Dec 2002 to 1737 Wed 11 Dec 2002 C\Traffic Data\mcdata\LLG\2002\315\3150912DEC2002.ECO (Base) A56374S4 MC56-1 [MC55] (c)Microcom 07/06/99 Event count PROFILE: Filter time: _ Name: Method: Units: In profile: 14:00 Mon 09 Dec 2002 to 12:00 Wed 11 Dec 2002 Factory default profile Count axles divided by two. Non-Metric (ft, mi, fls, mph, Ib, ton) 12713 Events · Mon 09 Dee 2002 - Total=2620(ineomplete) , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 ". ,.. 378 288 235 158 171 .1 " 2. 105 188 127 76 53 54 " Jl 21 6 1 96 149 50 88 67 38 46 24 13 13 7 146 193 88 73 62 26 37 21 12 4 2 172 164 73 51 53 40 42 15 11 4 1 · Tue 10 Dec 2002 - Tota/=6726, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0600 0900 1000 1100 1200 1300 1400 1500 1600 1700 1600 1900 2000 2100 2200 2300 11 , 4 7 3' 191 507 901 588 456 314 3" 390 351 445 ". 3" 305 255 156 1" 145 " 23 1 2 2 0 5 20 n 24' 147 123 71 106 97 73 91 19. 116 7S 66 37 43 53 18 10 7 7 3 1 1 2 41 112 223 159 92 97 91 102 77 73 1" 97 91 79 44 43 46 15 6 7 2 1 1 3 12 59 135 218 146 129 74 7S 90 100 137 202 89 89 62 38 42 23 13 2 4 1 0 0 3 17 71 169 214 134 114 72 95 101 101 144 144 97 50 46 37 31 21 11 3 4 AM PkHr 07:00 to 08:00 (n=901), AM PHF=0.92 PM PkHr 14:45 to 15:45 (n=649), PM PHF=0.80 · Wed 11 Dee 2002 - Total=3366(incomplete) , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0600 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 20002100 2200 2300 22 7 5 2 36 162 521 8.. '20 390 346 359 7 1 0 0 6 15 6S 227 177 94 66 95 7 4 1 0 2 31 114 244 141 95 96 82 . 2 3 0 14 so 142 216 147 107 89 96 . 0 1 2 16 66 160 207 155 94 75 86 --~----------- .__n_______ ..-----_.-~---_. - - -----"..--.... -------- From: Martin Parish To: John Boarman Date: 12/30/02 Time: 8:42:16 AM Page 4 of 11 EventCount-48 DATASETS: Site: ChannelA: ChannelB: - Survey Duration: File: Identifier: __ Algorithm: PROFilE: Filter time: - Name: Method: Units: In profile: EventCount-48 Page 1 Traffic Data Service Southwest Event Counts í2 ./ [31508] Olympic Pkwy Between Brandywine and Heritage Rd Eastbound 2 - East bound. - Added to totals. (1) 4 - West bound. - Excluded from totals. (0) 11 :09 Man 09 Dec 2002 to 17:57 Wed 11 Dec 2002 C:\Traffic Data\mcdata\LLG\2002\315\3150812DEC2002.ECO (Base) A568R525 MC56-1 [MC55] (c)Microcom 07/06/99 Event count 14:00 Mon 09 Dee 2002 to 12:00 Wed 11 Dee 2002 FactoI)' default profile Count axles divided by two. Non-Metric (ft, mi, f/s, mph, Ib, ton) 22133 Events _ . Mon 09 Dee 2002 - Total=5857(ineomplete) , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 - '" B07 ". 915 '74 567 452 362 207 90 - 152 201 18' 201 240 165 113 93 59 31 18 - 186 '" 216 218 234 141 131 106 72 24 16 180 20' 241 240 20' 153 113 82 47 14 12 191 223 229 256 191 108 95 81 29 21 8 . Tue 10 Dee 2002 - Total=11670, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 OBOO 0900 1000 1100 1200 1300 1400 1500 1600 1700 1BOO 1900 2000 2100 2200 2300 54 28 " 16 3' 136 893 1099 '66 '30 ." 550 559 574 678 748 '" "1 862 '45 .66 331 21. 115 18 9 , 5 , 18 120 281 207 141 135 132 150 143 152 181 210 250 221 171 115 91 66 39 12 16 6 2 3 7 14 196 '" 176 179 134 135 146 154 176 197 241 260 254 132 134 " 51 33 " 12 8 7 1 10 38 270 317 134 16' 82 125 124 137 157 165 222 238 193 136 110 80 54 27 24 8 5 13 1 13 66 307 292 149 146 107 158 139 140 193 205 219 2.3 194 147 107 73 43 16 11 AM PkHr 06:45 to 07:45 (n=1114), AM PHF=0.88 PM PkHr 17:00 to 18:00 (n=991), PM PHF=0.95 . Wed 11 Dee 2002 - Total=4606(ineomplete) , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 64 " 32 25 45 173 889 1074 '97 512 59' 472 12 6 . , 7 11 121 267 224 119 171 126 " 12 6 , 7 19 171 201 188 126 167 115 24 6 10 12 15 '0 253 298 136 150 123 104 11 5 12 .5 16 103 344 308 149 117 133 127 --.-.....------- ~~_.~_._----_._-~._. ... -~~-- From:Martin Parish To: John Boarman Date: 12/30/02 Time' 8:42:16 AM Page 5 of 17 EventCount-48 DATASETS: Site: ChannelA: ChannelB: - Survey Duration: File: Identifier: _ Algorithm: PROFilE: Filter time: - Name: Method: Units: __ In profile: EventCount-48 Page 1 Traffic Data Service Southwest Event Counts '( " [31508] Olympic Pkwy Between Brandywine and Heritage Rd Westbound 2 - East bound. - Excluded Irom totals. (0) 4 - West bound. - Added to totals. (1) 11 :09 Man 09 Dee 2002 to 17:57 Wed 11 Dee 2002 C:\Traffic Data\mcdata\LLG\2002\315\3150812DEC2002 ECO (Base) A568R525 MC56-1 [MC55] (e)Mieroeom 07/06/99 Event count 14: 00 Mon 09 Dee 2002 to 12:00 Wed 11 Dee 2002 Factory delault profile Count axles divided by two. Non-Metric (It, mi, lis, mph, Ib, ton) 20761 Events __ . Mon OS Dee 2002 - Total=4276{ineomplete) , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 20002100 2200 2300 7SS 1022 '" 523 389 2" 285 1" 132 53 171 272 189 151 91 82 n 5< 46 17 8 176 232 162 133 109 77 76 46 29 18 9 195 253 143 130 104 47 72 41 31 8 4 246 265 135 109 85 70 64 38 26 10 , . Tue 10 Dee 2002 - Total=11118, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1600 1900 200021002200 2300 25 13 12 13 50 285 815 1356 '" 754 637 614 6" 611 6" '" 6" 620 447 2.. 303 239 122 62 , 3 5 1 , 28 150 328 272 186 146 158 154 157 154 268 187 127 10' 63 86 85 42 25 11 9 4 2 3 4 59 '" 361 277 183 157 160 167 136 119 2" 160 153 142 68 83 67 38 17 9 , 6 3 6 15 81 220 328 235 205 165 135 130 153 161 258 160 132 116 68 n 43 18 , 4 , 0 2 3 23 117 261 339 215 180 169 161 176 165 242 248 162 108 85 70 61 44 24 11 10 ~_ AM PkHr07:00 to 08:00 (n=1356), AM PHF=O.94 PM PkHr 15:00 to 16:00 (n=998), PM PHF=O.93 . Wed 11 Dee 2002 - Total=5367(ineomplete) , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 3' 13 11 , 60 249 825 1305 '89 ..6 600 6" 11 3 3 1 10 27 125 313 300 181 130 160 9 6 2 , , 48 193 354 231 148 166 135 , 3 6 1 19 76 215 322 229 162 157 170 10 1 0 3 27 98 292 316 229 155 147 161 - ------- -~-------_.- ----.--"------ From: Martin Parish To: John Boarman Date: 12/30/02 Time: 8:42:16 AM Page 7 of 17 EventCount-48 DATASETS: Site: ChannelA: ChannelB: - Survey Duration: File: Identifier: _ Algorithm: PROFilE: Filter time: - Name: Method: Units: In profile: EventCount-48 Page 1 Traffic Data Service Southwest Event Counts [31507E] E. Orange / Olympic Pkwy Between Oleander and Brandywine Eastbound 2 - East bound. - Added to totals. (1) o - Unused or unknown. - Excluded from totals. (0) 11 :06 Man 09 Dee 2002 to 18:03 Wed 11 Dee 2002 C:\Traffc Data\mcdata\LLG\2002\315\31507E12DEC2002. ECO (Base) A5590GBV MC56-1 [MC55] (c)Microcom 07106/99 Event count 14:00 Mon 09 Dec 2002 to 12:00 Wed 11 Dec 2002 Factory default profile Count axles divided by two. Non-Metric (ft, mi, f/s, mph, Ib, ton) 29483 Events _ . Mon 09 Dec 2002 - Total=7803(incomplete) , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 20002100 2200 2300 993 1083 1083 1019 1104 828 673 542 311 167 237 270 23. 199 276 243 179 140 95 52 41 253 246 279 246 302 213 186 161 " 5. 23 251 277 291 270 270 206 150 133 68 27 25 252 290 279 30' 256 166 158 108 54 34 23 . Tue 10 Dee 2002 - Total=15746, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 112 " .8 28 .3 HI 1049_ 1214 .59 .06 704 841 854 883 9B2 1009 1140 1143 1040 8" 660 508 33. 200 41 15 8 5 9 23 153 319 283 234 170 213 207 214 222 236 285 271 27. 212 162 148 121 72 26 23 12 10 10 9 26 241 257 241 217 184 202 245 215 26~ 261 295 30. 28' 261 198 125 74 5. 25 25 11 16 7 9 46 254 311 210 233 161 227 201 225 249 245 283 287 228 193 158 126 7S 48 34 23 11 14 6 16 96 361 327 225 222 189 199 201 229 243 267 277 281 249 183 142 109 64 26 20 _ AM PkHr 06:45 to 07:45 (n=1248), AM PHF=O.86 PM PkHr 17:15 to 18:15 (n=1151), PM PHF=O.95 . Wed 11 Dee 2002 - Total=5934(ineomplete) , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 105 58 57 32 51 237 1036 1193 950 711 BOO 704 26 14 14 8 12 19 154 300 286 150 218 189 25 17 12 7 5 33 229 260 247 190 213 169 34 15 14 11 17 58 282 306 198 199 173 169 20 12 17 6 17 127 371 327 219 172 196 177 From:,Martin Parish To: John Boarman EventCount-48 DATASETS: Site: ChannelA: ChannelB: - Survey Duration: File: Identifier: Algorithm: PROFILE: Filter time: _ Name: Method: Units: In profile: Date: 12/30/02 Time: 8:42:15 AM t-'age b or 11 EventCount-48 Page 1 Traffic Data Service Southwest Event Counts (\ v [31507W] E. Orange / Olympic Pkwy Between Oleander and Brandywine Westbound 4 - West bound. - Added to totals. (1) o - Unused or unknown. - Excluded from totals. (0) 11 :08 Mon 09 Dec 2002 to 1758 Wed 11 Dec 2002 C:\Traffic Data\mcdata\LLG\2002\315\31507W12DEC2002.ECO (Base) A558SE5V MC56-1 [MC55] (c)Microcom 07/06/99 Event count 14:00 Mon OS Dee 2002 to 12:00 Wed 11 Dee 2002 Factory default profile Count axles divided by two. Non-Metric (It, mi, f/s, mph, Ib, ton) 26307 Events · Mon 09 Dee 2002 - Total=5580[incomplete) , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 946 1165 805 7l. 523 447 392 260 20. 115 - 216 '03 216 191 133 118 89 75 60 35 10 233 272 216 179 139 122 113 63 45 28 17 233 294 194 183 135 100 108 70 56 23 15 266 296 179 163 116 107 " 52 48 23 7 · Tue 10 Dec 2002 - Total=14112, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 oeoo 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 " 25 " 3. " 431 1097 1310 1127 ..7 ". 828 ". 818 693 1137 82. 73. 5.. .34 392 325 178 11. 10 . 3 8 12 51 224 325 260 249 218 157 206 177 203 308 156 151 149 113 103 101 50 43 24 17 6 6 13 15 80 261 34. 302 242 157 203 230 215 215 241 204 216 162 112 117 91 56 31 15 15 7 3 7 27 133 289 33. 277 243 200 205 206 212 212 317 211 172 152 101 83 70 33 14 7 7 3 7 8 41 167 323 300 288 233 214 223 237 214 259 27l 213 160 101 108 89 63 39 20 11 AM PkHr 06:45 tD 07:45 (n=1333), AM PHF=0.95 PM PkHr 15:00 to 16:00 (n=1137), PM PHF=0.90 · Wed 11 Dee 2002 - Total=6614[incomplete) , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 19002000 2100 2200 2300 " 21 11 27 " 414 1094 1270 1114 88. '" '" 24 4 2 9 11 54 226 320 310 264 "5 201 15 7 2 4 16 85 267 351 250 191 221 206 7 8 5 7 28 128 270 315 294 212 156 213 11 2 2 7 42 147 331 284 260 215 202 199 ------. - -------~_.---- -.--~---- - -- --------------- --.------.-----.- From: Martin A. Parish 619-390-8427 To: John Boarman EventCount-180 DATASETS: -- Site: ChannelA: ChannelB: _ Survey Duration: File: Identifier: Algorithm: PROFILE: Filter time: Name: Method: Units: In profile: Date: 12f19f2UUL lime: 1:41:~ö t-'M r-age", aT"' EventCount·180 Page 1 Traffic Data Service Southwest Event Counts D [31505E] Telegraph Canyon Rd Btwn Crest Dr & Haleerest 2 - East bound. - Added to totals. (1) o - Unused or unknown. - Excluded from totals. (0) 11 :32 Man 16 Dec 2002 to 14:34 Wed 18 Dec 2002 Z:\mcdata\LLG\2002\315\31506E18DEC2002. ECO (Base) A56929AH MC56-1 [MC55] (c)Microcom 07/06/99 Event count Eastbound 12:00 Mon 15 Dee 2002 to 13:00 Wed 18 Dee 2002 Factory default profile Count axles divided by two. Non-Metric (It, mi, f/s, mph, Ib, ton) 57726 Events · Mon 16 Dec 2002 - Total=19411 (incomplete) , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 - 1553 1635 1965 2231 2233 - 384 387 "433 564 501 431 392 512 527 567 355 424" 494 564 574 383 432 526 576 591 1700 1800 1900 2000 2100 2200 2300 2585 2110 1524 1279 1069 760 467 579 5" 405 366 294 224 141 83 635 565 404 330 284 204 123 67 765 502 363 311 246 172 104 56 '" 4.9 352 272 245 160 99 52 PM PkHr 17:00 to 18:00 (n=2585), PM PHF=0.84 · Tue 17 Dec 2002 - Total=27722, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1460r1500 1600 170Dl1800 1900 2000 2100 2200 2300 258 147 140 61 121 256 1046 1418 1453 1229 1349 1360 1564 1587 175412007 2131 2080 2172 1654 1357 1164 867 547 83 29 49 10 19 43 112 312 329 304 345 323 347 404 389 61 580 461 559 447 356 306 247 168 81 67 33 38 23 31 50 246 327 375 275 360 324 376 353 390 520 542 480 588 440 331 318 235 134 60 56 37 34 13 32 60 307 347 350 340 340 365 411 418 464 507 478 567 524 411 347 285 196 III 58 52 48 19 15 39 103 381 432 399 310 304 348 430 412 511 519 531 572 501 356 323 255 189 134 65 AM PkHr 07:45 to 08:45 (n=1486). AM PHF=0.86 PM PkHr 17:30 to 18:30 (n=2286), PM PHF=0.97 · Wed 18 Dec 2002 - Total=1 0592(incomplete) , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 264 201 170 loa 113 260 1126 1291 1495 1255 1379 1416 1515 81 61 48 28 26 31 144 286 360 316 341 362 321 60 57 57 25 27 62 235 312 378 287 317 361 395 58 42 45 28 27 54 320 323 347 316 359 343 401 65 41 20 27 33 113 427 370 390 336 361 350 398 AM PkHr 08:00 to 09:00 (n=1495), AM PHF=O.96 ----"--"--" .--- ----------------- -------- -------- Date: 12/19/2002 Time: 1:41:56I-'M From: Martin A. Parish 619-390-8427 To: John Boarman EventCount-180 DATASETS: Site: ChannelA: ChannelB: .- Survey Duration: File: Identifier: Algorithm: PROFILE: Filter time: Name: Method: Units: In profile: t"'age L OJ .j EventCount-180 Page 1 Traffic Data Service Southwest Event Counts ;-.., y [3150&W] Telegraph Canyon Rd Btwn Crest Dr & Haleerest Westbound 4 - West bound. - Added to totals. (1) o - Unused or unknown. - Excluded from totals. (0) 11 :33 Mon 16 Dec 2002 to 1432 Wed 18 Dec 2002 Z:\mcdata\LLGI2002\315\31506W18DEC2002. ECO (Base) A5922K3W MC56-1 [MC55] (c)Microcom 07/06/99 Event count 12:00 Mon 1& Dee 2002 to 13:00 Wed 18 Dec 2002 Factory default profile Count axles divided by two. Non-Metric (ft, mi, f/s, mph, Ib, ton) 61860 Events · Mon 16 Dec 2002 - Total=1641 O(incomplete} , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0600 0900 1000 1100 1200 1300 1400 1500 1600 1700 1600 ~867 1744 ~868 2~40 ~982 1795 1477 482 428 451 485 529 444 388 485 461 480 507 472 486 369 436 445 409 563 467 431 376 464 410 528 585 514 434 344 1900 2000 2100 2200 2300 1241 ". 65B .5B 316 338 207 "9 127 95 " 305 245 164 127 93 46 319 225 163 lOB 64 46 279 187 142 96 6' 27 PM PkHr 15:15 to 16:15 (n=2184), PM PHF=O.93 · Tue 17 Dec 2002 - Total=29906 15 minute drops, 0000 0100 0200 0300 0400 0500 600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 178 76 69 105 291 1119 932 2178 2171'1904 1830 1750 1963 1736 1700 2057 1769 1687 1505 1252 59 22 19 16 38 143 4 518 400 354 464 485 :578 507 433 448 373 342 46 25 17 20 51 247 520 569 551 485 468 468 486 430 449 518 448 433 400 338 46 16 18 35 97 313 453 574 547 445 486 461 481 419 432 515 452 405 366 313 27 13 15 34 105 416 480 515 549 456 476 467 530 402 441 517 436 401 366 259 AM PkHr 07:15 to 08:15 (n=2182), AM ÞHF=0.95 PM PkHr 15;00 to 16:00 (n=2057), PM PHF=0.99 2000 2100 22002300 'BB 755 521 370 262 175 136 97 60 292 203 141 " 4B 216 202 140 107 39 218 175 10' 72 31 · Wed 1 B Dee 2002 - Total=15543 incomplete) , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 070 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 178 87 86 151 300 1073 1937 2298 2196 18S5 1783 1879 1720 60 32 26 19 45 171 4 547 505 461 475 449 48 17 21 35 49 219 505 594 564 468 449 467 451 39 18 21 42 85 306 463 620 563 446 453 476 424 31 20 18 55 121 377 519 538 522 436 420 461 3% AM PkHr 07:15 to 08:15 (n=2299), AM PHF=0.93 -- -- LJate: lLi::¡UiU;¿ lime: ~:4:¿:lb AM rrom' Martllì ¡-'arlsn 10: John tjoarman EventCount-48 DATASETS: -Site: ChannelA: ChannelB: _Survey Duration: File: Identifier: Algorithm: PROFILE: Filter time: Name: Method: Units: In profile: r-age ð or 1/ EventCount-48 Page 1 Traffic Data Service Southwest Event Counts ~ !~ !.---- [31505] Telegraph Canyon Rd Between Medieal Cntr Dr and Paseo Del Rey Eastbound 2 - East bound. - Added to totals. (1) 4 - West bound. - Excluded from totals. (0) 10:59 Mon 09 Dec 2002 to 18:04 Wed 11 Dec 2002 C:ITraffic Datalmcdata1LLG\2002131513150512DEC2002.ECO (Plus) A6483S3X MC56-1 [MC55] (c)Microcom 07/06/99 Event count 14:00 Mon 09 Dee 2002 to 12:00 Wed 11 Dee 2002 Factory default profile Count axles divided by two. Non-Metric (ft, mi, f/s, mph, Ib, ton) 47891 Events · Mon 09 Dee 2002 - Total=13936(ineomplete) , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 - 1571 1817 1875 346 437 430 401 469 518 373 440 502 451 471 425 1700 1800 1900 2000 2100 2200 2300 1882 1958 1508 1175 1013 704 .22 387 518 432 312 2" 195 125 65 431 519 388 278 268 185 10' 56 514 491 353 310 230 170 93 78 SSO 440 335 276 220 154 100 47 · Tue 10 Dee 2002 - Total=25686, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 14QO 1500 1600 1700 1800 1900 2000 2100 2200 2300 246 118 112 78 92 242 1260 1448 1308 1139 1082 1229 1279 1327 1649 852 1878 2110 2033 1651 1310 1067 719 457 65 34 27 23 22 35 153 338 326 292 269 291 313 313 379 4¿~or-scr5' 537 471 353 278 211 136 78 56 30 25 22 14 39 242 354 318 315 280 285 312 324 411 475 479 511 558 458 337 277 182 112 67 78 27 26 22 28 67 379 351 296 257 247 315 341 332 429 462 464 531 491 372 294 271 172 109 60 47 27 34 11 28 101 486 405 368 275 286 338 313' 358 430 486 474 563 447 350 326 241 154 100 45 AM PkHr05:30 to 07:30 (n=1557), AM PHF=0.80 PM PkHr 17:30 to 18:30 (n=2189), PM PHF=O.97 · Wed 11 Dee 2002 - Total=8268(ineomplete) , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 250 112 127 94 106 281 1256 1330 1192 1135 1198 1187 78 43 26 29 20 23 156 339 277 281 314 266 67 32 34 24 15 49 260 313 310 271 293 300 60 23 32 16 38 75 343 330 312 286 272 285 45 14 35 25 33 134 497 348 293 297 319 336 From:. Martin Parish 10: John tloarman U81e: l¿I.;:jV/U¿ IlrTlt!: O:'-I-¿.lO K,VI , -r:,- - -. -- EventCount-48 Page 1 Traffic Data Service Southwest Event Counts EventCount-48 I- !.-- DATASETS: - Site: ChannelA: ChannelB: __ Survey Duration: File: Identifier: Algorithm: [31505] Telegraph Canyon Rd Between Medical Cntr Dr and Paseo Del Rey Westbou nd 2 - East bound. - Excluded from totals. (0) 4 - West bound. - Added to totals. (1) 10:59 Mon 09 Dec 2002 to 18:04 Wed 11 Dec 2002 C:\Traffic Data\mcdata\LLG\2002\315\3150512DEC2002. ECO (Plus) A6483S3X MC56-1 [MC55] (c)Microcom 07/06/99 Event count PROFILE: Filter time: Name: Method: Units: In profile: 14:00 Mon 09 Dee 2002 to 12:00 Wed 11 Dee 2002 Factory default profile Count axles divided by two. Non-Metric (ft, mi, f/s, mph, Ib, ton) 51520 Events · Mon 09 Dec 2002 - Total=11549(ineomplete) , 15 minute drops, 00000100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 15001600 1700 1800 1900 2000 2100 2200 2300 - 1737 1934 1626 1648 1269 1012 924 709 388 302 358 425 440 420 318 268 219 206 119 90 39 409 487 396 435 319 248 265 204 99 88 35 441 534 402 404 340 263 221 157 89 64 28 529 488 388 389 292 233 219 142 81 60 24 · Tue 10 Dee 2002 - Total=27507 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 080 0900' 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 126 64 51 85 2e9 1000 1751 2129 2104 1732 1553 1591 1516 1504 1665 2035 1710 1720 1344 1077 961 734 39 20 19 13 39 140 47 460 377 428 374 380 369 484 405 444 336 297 264 231 35 11 13 22 60 211 476 543 491 448 364 388 416 368 398 505 458 457 350 248 256 188 28 19 9 31 76 294 394 501 532 402 407 373 368 399 406 524 423 408 376 280 232 147 24 14 10 19 114 355 462 549 534 422 405 402 358 357 492 522 424 411 282 252 209 168 AM PkHr 07:15 to 08;15 (n=2140), AM PHF=D.97 PM PkHr 15;00to 16:00 (n=2035), PM PHF=O.97 2200 2300 449 317 143 84 126 103 100 72 80 58 34 33 26 23 · Wed 11 Dee 2002 - Total-12463 in mete) , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 116 73 50 102 283 959\1748 2136 2154!1792 1493 1557 34 16 21 16 44 143 Uti :,Utl 5j5 475 394 390 33 25 7 24 51 190 432 573 529 444 396 358 26 19 8 36 73 305 418 506 536 449 353 368 23 13 14 26 115 321 480 549 554 424 350 441 Date: 12/30/U2 lime: ö:4:¿:1t> AM , "5" ~ '-" ....., ~, From:, Martin Parish To: John Boarman EventCount-48 DATASETS: Site: ChannelA: ChannelB: Survey Duration: File: Identifier: Algorithm: PROFILE: Filter time: Name: Method: Units: In profile: EventCount-48 Page 1 Traffic Data Service Southwest Event Counts ---- í [31504] Telegraph Canyon Rd Between Paseo Ranchero and Paseo Ladera Eastbound 2 - East bound. - Added to totals. (1) 4 - West bound. - Excluded from totals. (0) 10:58 Mon 09 Dee 2002 to 17:41 Wed 11 Dee 2002 C:ITraffic Datalmedata1LLG12002131513150412DEC2002.ECO (Base) A566R8D4 MC56-1 [MC55] (e)Mieroeom 07/06/99 Event count 14:00 Mon 09 Dee 2002 to 12:00 Wed 11 Dee 2002 Factory default profile Count axles divided by two. Non-Metric (ft, mi, fls, mph, Ib, ton) 38587 Events · Mon OS Dee 2002 - Total=11272(ineomplete) , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 _ 1204 1482 1561 1540 1573 1226 ~ 285 363 363 325 416 341 303 373 405 335 388 326 _ 302 350 406 447 422 283 _ 314 396 387 433 347 276 2000 2100 2200 2300 '" 815 535 342 256 231 151 10' 56 250 20' 157 " '0 270 201 123 73 68 218 174 10' 76 31 · Tue 10 Dee 2002 - Totai=20662, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 800 195 91 94 13 78 187 942 1111 1017 906 811 960 957 1017 1339\1449 1528 1823 ~762 56 28 23 26 18 18 97 259 282 244 200 215 225 235 306 ~39:, 42L: 489 40 26 16 19 14 34 153 232 271 247 173 200 254 262 361 328 374 463 483 68 25 24 21 25 40 272 286 240 203 198 264 243 260 345 391 383 458 418 31 18 31 7 21 95 420 334 284 212 240 281 235 260 327 364 376 480 372 AM PkHr 06:45 to 07:45 (n=1197),AM PHF=0.71 PM PkHr 17:30 to 18:30 (n=191D), PM PHF=O.98 19002000 2100 22002300 1354 1108 847 582 365 383 309 203 176 101 63 360 279 223 138 90 '0 312 255 225 146 90 59 259 265 196 122 84 36 · Wed 11 Dee 2002 - Total=6653[incomplete) , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 198 95 ~lS 84 95 240 947 1126 952 908 961 932 63 36 24 26 22 27 104 284 218 242 252 219 40 23 30 21 14 38 178 211 268 214 253 210 59 23 26 15 28 55 249 296 238 210 221 252 36 13 35 22 31 120 416 335 228 242 235 251 rrom; Martin I-'arlsh 10: John tjoarman EventCount-48 DATASETS: - Site: ChannelA: ChannelS: __ Survey Duration: File: Identifier: Algorithm: PROFILE: Filter time: Name: Method: Units: In profile: Uate: l;¿ldU/U:¿ lime: ö:4:¿:lb AM r-age 11 OT II EventCount-48 Page 1 Traffic Data Service Southwest Event Cou nts f [31504] Telegraph Canyon Rd Between Paseo Ranchero and Paseo Ladera Westbound 2 - East bound. - Excluded from totals. (0) 4 - West bound. - Added to totals. (1) 1058 Man 09 Dec 2002 to 17:41 Wed 11 Dec 2002 CITraffic Datalmcdata1LLG12002131513150412DEC2002.ECO (Base) A566R8D4 MC56-1 [MC55] (c)Microcom 07/06/99 Event count 14:00 Mon 09 Dee 2002 to 12:00 Wed 11 Dee 2002 Factory default profile Count axles divided by two. Non-Metric (ft, mi, f/s, mph, Ib, ton) 42426 Events · Mon OS Dee 2002 - Total=S236(ineomplete) , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 - 1389 1488 1275 1265 1086 800 814 593 329 197 272 340 336 322 244 213 204 178 100 63 24 319 388 336 334 295 179 206 166 87 56 33 364 388 313 331 287 210 191 139 71 38 15 ~ 434 372 290 278 260 196 213 110 71 40 16 · Tue 10 Dee 2002 - Total=2256S, 15 minute drops, 0000 0100 0200 0300 0400 0500 06 0 07 0 080 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 90 53 44 69 234 848~487 1844 1444126012711145121813331581132013731136 24 16 18 9 30 128 367 433 472 407 314 342 279 269 270 391 328 358 300 33 9 8 19 51 179 394 510 477 375 302 315 305 345 310 388 371 366 304 15 18 7 26 62 248 293 431 480 329 325 288 261 312 346 370 307 342 286 18 10 11 15 91 293 433 470 411 333 319 326 300 292 407 432 314 307 246 AM PkHr 07:45 to 08:45 (n=1899), AM PHF=0.99 PM PkHr 15:00 to 16:00 (n=1581), PM PHF=0.91 1900 20002100 2200 2300 B79 BU 67. 374 2.' 223 216 2.. 125 6' 25 209 219 180 93 66 21 213 196 131 89 38 22 234 210 165 67 36 15 · Wed 11 Dee 2002 - Total=1 0620 ineom lete) , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 83 53 49 81 252 823 466 1921 1936 1553 1177 1226 25 11 19 13 46 127 349 48 7 414 276 295 21 22 7 20 48 170 377 512 476 369 334 297 22 11 9 26 61 258 342 445 465 385 293 297 15 9 14 20 97 268 398 462 478 365 274 337 rrom: Martin t-'arlsn 10: Jotln tJoarman EventCount-45 DATASETS: - Site: ChannelA: ChannelB: _ Survey Duration: File: Identifier: Algorithm: PROFilE: Filter time: Name: Method: Units: In profile: uaœ: l¿I.::!U/U¿ lime: ö:4¿:lO f\IVI Traffic Data Service Southwest Event Counts [31503] East H Street Between Tierra Del Rey and Paseo Ranchero 2 - East bound. - Added to totals. (1) 4 - West bound. - Excluded from totals. (0) 10:50 Man 09 Dec 2002 to 17:53 Wed 11 Dec 2002 C:\Traffic Data\mcdata\LLG\2002\315\3150312DEC2002. ECO (Base) A570G7NP MC56-1 [MC55] (c)Microcom 07/06/99 Event count 13:00 Mon 09 Dec 2002 to 12:00 Wed 11 Dec 2002 Factory default profile Count axles divided by two. Non-Metric (ft, mi, f/s, mph, Ib, ton) 44052 Events · Mon 09 Dee 2002 - Total=14329(ineomplete), 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 - 1391 1580 1626 1832 1745 1843 1455 1251 362 372 387 449 383 479 386 322 325 427 398 473 468 491 382 328 356 402 402 471 445 462 348 320 348 379 439 439 449 411 339 281 · Tue 10 Dee 2002 - Total=22746, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400(1500 1600 1700\1800 1900 2000 168 68 51 42 62 139 6961324 1099 996 1037 1258 1328 1389-1571~633 1751 1861J1825 1483 1240 61 16 13 9 16 22 73 299 280 210 237 290 320 325 370 381 441 431 485 386 349 40 17 13 11 6 23 124 241 287 291 254 267 332 365 399 445 432 480 455 396 326 46 17 15 8 21 33 185 355 243 243 247 327 31B 354 388 406 398 480 458 368 291 21 18 10 14 19 61 314 429 289 252 299 374 358 342 414 401 480 470 427 333 274 AM PkHr 11:30 to 12:30 (n=1353). AM PHF=O.90 PM PkHr 17:15 to 18:15 (n=1915). PM PHF=O.99 I "'!'>'" ~'-' ,-" ~, EventCount-49 Page 1 ~ Eastbound 2100 2200 2300 83' 512 260 225 152 68 61 228 147 59 40 217 100 57 46 16. 113 76 21 2100 2200 2300 ,,, 524 274 253 153 93 59 230 134 72 46 242 117 65 " 202 120 44 36 · Wed 11 Dee 2002 - Total=6977(ineomplete) , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1600 1900 2000 2100 2200 2300 179 82 58 37 51 172 755 1389 1032 953 1098 1171 59 19 17 a 14 19 93 310 287 247 259 258 46 24 12 7 7 20 132 240 307 220 299 300 38 27 16 12 10 41 223 374 221 221 266 312 36 12 13 10 20 92 307 465 217 265 274 301 From: Martin !-'arlsh 10: John tjoarman ua,e: l¿I.::>VIU¿ 11111"'. o_....¿,~u ,..."v, EventCount-45 DATASETS: -Site: ChannelA: ChannelB: _ Survey Duration: File: Identifier: Algorithm: PROFILE: Filter time: Name: Method: Units: In profile: Traffic Data Service Southwest Event Counts [31503] East H Street Between Tierra Del Rey and Paseo Ranchero 2 - East bound. - Excluded from totals. (0) 4 - West bound. - Added to totals. (1) 10:50 Mon 09 Dee 2002 to 17:53 Wed 11 Dee 2002 C:\Traffic Data\mcdata\LLG\2D02\315\315D312DEC2DD2.ECD (Base) A570GlNP MC56-1 [MC55] (c)Microcom 07/06/99 Event count 13:00 Mon 05 Dee 2002 to 12:00 Wed 11 Dee 2002 Factory default profile Count axles divided by two. Non-Metric (ft, mi, f/s, mph. Ib, ton) 46959 Events * Mon 09 Dee 2002· Total=12739(incomplete), 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 08DO 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 1579 1507 1928 1618 1601 1446 1135 387 373 415 428 419 368 318 410 326 537 406 394 347 303 377 382 494 385 402 385 250 405 426 482 399 386 346 264 * Tue 10 Dee 2002 - Total=2417 te drops, 0000 0100 0200 0300 0400 0500 600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 8S 36 36 45 179 602 104 1634 05 1389 1564 1539 1487 1515 1639 1817 1576 1595 1485 1160 26 9 9 9 30 99 23 372 510 328 408 420 390 357 399 453 407 416 344 322 23 8 7 7 31 140 306 424 413 341 370 379 391 408 357 499 405 427 396 306 25 10 7 13 40 145 254 412 387 375 401 387 361 384 412 408 394 377 400 255 11 9 13 16 78 218 308 426 395 345 385 353 345 366 471 457 370 375 345 277 AM PkHr 07:15 to 08:15 (n=1772), AM PHF=0.87 PM PkHr 14:30 to 15:30 (0=1835), PM PHF=0.92 , ~~~ ~. _. -' EventCount-49 Page 1 ~ Westbound 2000 2100 2200 2300 e.. 5<2 335 14' 266 156 134 48 26 212 148 76 33 23 202 138 69 35 25 219 100 56 33 11 2000 2100 2200 2300 ". 56' 325 '" 246 166 65 46 16 260 125 91 36 17 '" 149 84 31 21 227 107 65 41 30 * Wed 11 Dee 2002 - Total=1 0043 ineo lete) , 15 minute drops, 0000 0100 0200 0300 0400 0500 600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 8' .. 3. .2 173 S50 \1166 1709 178611403 1491 lSSS 16 16 9 3 26 as 2,,:' JbJ ,!>Õ 365 366 367 17 11 6 6 25 12. 301 451 456 356 366 'DO 21 12 10 13 55 '" 299 416 '" 355 337 403 30 , 11 20 67 192 301 '" 416 327 360 381 rrom.: Martin l-'arlSil 10: Jonn tJoarman EventCount-49 DATASETS: -Site: ChannelA: ChannelB: _ Survey Duration: File: Identifier: Algorithm: PROFILE: Filter time: Name: Method: Units: In profile: Uate: 1L/.;::IU/U:¿ lime: ð:4¿:10 ""IVI I "'!'>" ~.... UI ~, EventCount-4g Page 1 Traffic Data Service Southwest Event Counts :-+ I [31502] East H Street Between Del Rey Blvd and Paseo Del Rey Eastbound 2 - East bound. - Added to totals. (1) 4 - West bound. - Excluded from totals. (0) 10:54 Man 09 Dec 2002 to 17:44 Wed 11 Dec 2002 C:\Traffic Data\mcdata\LLG\2002\315\31502\3150212DEC2002.ECO (Plus) A6548T9F MC56-1 [MC55] (c)Microcom 07/06/99 Event count 13:00 Mon 09 Dec 2002 to 12:00 Wed 11 Dee 2002 Factory default profile Count axles divided by two. Non-Metric (ft, mi, fls, mph, Ib, ton) 50439 Events · Mon 09 Dee 2002 - Total=15958(ineomplete) , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 - 1701 1779 1899 2036 1937 2088 1630 1191 877 533 287 - 452 430 438 530 418 516 467 318 251 163 79 51 - 402 464 485 520 451 534 418 335 228 147 67 44 426 435 461 527 535 512 395 269 222 107 66 49 421 450 515 459 533 526 350 269 176 116 75 28 · Tue 10 Dee 2002 - Total=26168, 1.5 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400,1500 1600 1700 1800 1900 2000 172 72 66 61 95 198 850 1496 1319 1157 1343 1482 1625 1719 1747t¡897 2022 2103 2038 1732 1214 51 22 27 15 23 38 105 316 333 276 334 307 384 420 375 422 512 528 512 488 349 44 20 14 10 18 30 168 280 348 309 322 349 418 442 464 482 495 507 564 433 349 49 13 11 11 23 42 216 387 307 276 311 408 442 441 436 538 519 526 473 422 262 28 17 14 25 31 88 361 513 331 296 376 U8 381 416 472 455 496 542 489 389 254 AM PkHr 11;45 to 12:45 (n=1662), AM PHF=0.94 PM PkHr 17:30 to 1&:30 (n=2144), PM PHF=O,95 2100 2200 2300 ,.. 536 260 290 151 94 52 "8 150 68 40 204 118 67 44 202 117 51 29 · Wed 11 Dee 2002 - Total=8312(ineomplete) , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 165 84 75 52 80 221 900 1489 1275 1194 1357 1420 52 19 26 8 20 36 114 292 339 276 360 342 40 25 15 10 8 26 166 282 316 290 358 380 44 25 17 15 15 48 274 385 294 276 292 351 29 15 17 19 37 111 346 530 326 352 347 347 From: Martin t-'arlsh 10: .John tJoarman EventCount-4S DATASETS: -- Site: ChannelA: ChannelB: _._ Survey Duration: File: Identifier: Algorithm: PROFILE: Filter time: Name: Method: Units: In profile: ua,e: .1¿I':'U/U¿ 'Irnt': Ö:'+L:.1Ü ¡-\IVI Traffic Data Service Southwest Event Counts , "'t>~ .~ ~. .' EventCount-49 Page 1 If [31502] East H Street Between Del Rey Blvd and Paseo Del Rey Westbound 2 - East bound. - Excluded from totals. (0) 4 - West bound. - Added to totals. (1) 10:54 Man 09 Dee 2002 to 1744 Wed 11 Dee 2002 C:\Traffic Data\mcdata\LLG\2002\315\31502\3150212DEC2002. ECO (Plus) A6548T9F MC56-1 [MC55] (c)Microcom 07/06/99 Event count 13:00 Mon 09 Dee 2002 to 12:00 Wed 11 Dee 2002 Factory default profile Count axles divided by two. Non-Metric (ft, mi, fls, mph, lb. ton) 53290 Events · Mon OS Dee 2002 - Total=14898(ineomplete), 15 minute drops, .__ 0000 0100 0200 OJOO 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1600 1900 2000 - 1902 1749 2045 1753 1699 1579 1416 1293 - 445 435 460 429 440 4J1 375 356 462 388 508 422 431 349 346 307 - 447 454 527 452 452 400 334 295 - 446 471 550 450 375 396 361 325 · Tue 10 Dee 2002 - Total=2750 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 080 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 19002000 158 59 44 57 154 657 1308 1785 1762/1508 1634 1575 1595 1806 1858 2015 1706 1743 1593 1380 1311 57 17 9 11 20 93 277 416 488 368 407 447 405 440 434 499 446 456 391 369 315 44 13 13 13 26 144 370 457 419 356 387 427 429 456 466 516 435 435 366 361 371 40 16 6 16 33 165 315 444 431 422 392 402 404 467 446 500 421 438 413 287 295 17 12 16 17 73 255 346 469 424 362 448 399 458 443 512 500 402 414 403 343 330 AM PkHr07:15 to 08:15 (n=1858), AM PHF=0.95 PM PkHr 14:45 to 15:45 (n=2027), PM PHF=O.98 2100 2200 2300 825 '" 2" 258 177 77 57 220 103 73 44 190 104 75 40 157 76 65 17 2100 2200 2300 872 ". '62 269 157 7S 51 227 128 75 32 202 94 41 27 174 87 68 40 · Wed 11 Dee 2002 - Total=10882(ineomplete) , 15 minute drops, 0000 0100 0200 0300 0400 0500 ro600 0700 08Oð\ 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 150 62 52 43 157 59611343 1620 1ß3~¡1532 1542 1749 51 21 19 5 11 90 27b387 482 389 371 427 32 17 7 10 29 116 322 477 509 373 395 409 27 12 13 10 50 178 376 481 387 380 399 486 40 12 13 18 67 212 369 475 456 390 377 427 From: Martin Parish To: John Boarman Date: l;¿/::!U/U;¿ lime: t;:4:¿:lo AM r "'~'" ~L VI -'-I EventCount-4B Page 1 Traffic Data Service Southwest Event Counts ~ ý EventCount-48 DATASETS: - Site: ChannelA: ChannelB: _ Survey Duration: File: Identifier: Algorithm: [31501] East H Street Between Hidden Vista Dr and Terra Nova Dr Eastbound 2 - East bound. - Added to totals. (1) 4 - West bound. - Excluded from totals. (0) 10:56 Mon 09 Dec 2002 to 17:50 Wed 11 Dec 2002 CITraffic Datalmcdata1LLG12002131513150112DEC2002. ECO (Plus) 1387F8VW MC56-6 [MC55] (c)Microcom 02/03/01 Event count PROFILE: Filter time: Name: Method: Units: In profile: 14:00 Mon 09 Dee 2002 to 12:00 Wed 11 Dee 2002 Factory default profile Count axles divided by two. Non-Metric (ft, mi, f/s, mph, Ib, ton) 54286 Events · Mon 09 Dee 2002 - Total=16296(ineomplete), 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 - ~943 2189 2310 2219 2362 506 507 592 449 591 - 518 572 616 566 600 - 467 553 553 583 605 - 452 557 549 621 566 190020002100 2200 2300 1862 1412 1006 6" 343 514 383 277 214 93 65 501 375 280 171 90 59 453 330 255 135 70 60 394 324 194 130 90 35 · Tue 10 Dee 2002 - Total=29149, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 170 1800 1900 2000 2100 2200 2300 219 95 76 71 112 232 854 1520 1399 1308 1401 1576 1764 1838 1916~2143 2351 240 2350 1967 1432 1105 659 354 65 26 28 18 31 36 114 314 391 341 338 366 445 437 450 477 595 558 603 563 421 327 198 116 66 59 26 18 16 17 34 176 284 348 329 311 344 436 467 526 570 581 637 615 506 377 291 182 81 56 60 17 13 14 28 52 236 417 309 330 377 428 462 466 477 587 542 597 566 483 319 241 148 88 51 35 27 17 23 36 110 328 505 351 308 375 438 421 466 463 509 633 614 566 415 315 246 131 69 31 AM PkHr 11:45 to 12:45 (0=1781), AM PHF=O.96 PM PkHr 17:15 to 18;15 (0=2451), PM PHF=O.96 · Wed 11 Dee 2002 - Total=8840(ineomplete) , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0600 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 204 107 79 64 83 260 906 1512 1355 1299 ~417 1555 66 25 26 10 16 38 108 270 360 332 393 407 56 32 19 15 10 30 162 309 318 302 333 372 51 27 15 18 19 57 299 445 302 325 350 407 31 23 18 21 38 135 337 488 355 340 341 369 rrom: Martin r-'ansh 10: John t!oarman EventCount-48 DATASETS: Site: ChannelA: ChannelB: __ Survey Duration: File: Identifier: Algorithm: PROFILE: Filter time: Name: Method: Units: In profile: LJate: l-¿/.:Iü/U¿ lime: c;:4-¿:lb AM Traffic Data Service Southwest Event Counts [31501] East H Street Between Hidden Vista Dr and Terra Nova Dr 2 - East bound. - Excluded from totals. (0) 4 - West bound. - Added to totals. (1) 10:56 Man 09 Dec 2002 to 17:50 Wed 11 Dec 2002 C:\Traffic Data\mcdata\LLG\2002\315\3150112DEC2002.ECO (Plus) 1387F8VW MC56-6 [MC55] (c)Microcom 02/03/01 Event count 14:00 Mon 09 Dee 2002 to 12:00 Wed 11 Dee 2002 Factory default profile Count axles divided by two. Non-Metric (ft, mi, fls, mph, Ib, ton) 57311 Events · Mon 09 Dee 2002 - Total=13927(ineomplete) , 15 minute drops, .- 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 - 1867 2195 1893 1794 1667 1454 1320 912 456 503 481 430 440 387 371 263 428 583 451 486 414 339 310 237 491 542 486 471 412 362 302 226 492 567 475 407 401 366 337 186 · Tue 10 Dee 2002 - Total=3058 - ute drops, 0000 0100 0200 0300 0400 0500 0600 0700 oaoo 0900 1000 1100 1200 1300 1400 1500 1600 1700 1600 1900 2000 2100 181 65 51 65 201 799~54 2229 2147/1742 1839 1831 1829 1935 1924 2162 1868 1820 1669 1451 1340 987 67 20 10 11 20 120 343 502 583 454 478 521 428 425 417 536 487 449 401 389 333 283 45 13 15 15 39 174 434 566 554 421 461 444 461 533 515 547 456 516 442 410 365 264 46 18 10 17 52 214 417 555 490 444 435 437 425 487 488 546 461 413 403 314 306 252 23 14 16 22 90 291 460 606 520 423 465 429 515 490 504 531 464 440 423 338 336 188 AM PkHr D7:15 to 08:15 (n=231D},AM PHF=D.95 PM PkHr 15:00 to 16:00 (n=2162), PM PHF=0.99 r-age 1,;:\ or 1 ( EventCount-48 Page 1 I Westbound 22002300 523 302 188 84 129 77 116 77 90 64 2200 2300 513 281 172 85 147 80 98 48 96 68 · Wed 11 Dee 2002 - Total=12800 ineom lete) , 15 minute drops, 0000 0100 0200 0300 0400 0500 600 0 0 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 167 66 154 57 195 740\,166i1 2217 .Z,200/1606 1744 16eo 56 28 23 6 19 107 332 502 585 494 423 477 42 16 7 14 31 144 417 563 619 441 482 444 30 12 17 15 55 213 443 576 479 435 441 501 39 10 17 22 90 276 472 576 517 436 398 458 67 45 46 23 56 42 30 39 From: Martin A. Parish 619-390-8427 To: Justin Rasas Date: 2113/2UU3 I ¡me: 8:21:24 AM ¡-,age L 01.:J EventCount-282 DATASETS: - Site: ChannelA: ChannelB: __ survey Duration: File: Identifier: Algorithm: PROFilE: Filter time: Name: Method: Units: In profile: EventCount-282 Page 1 Traffic Data Service Southwest Event Counts ~í , I [31561] East H Street West of Hidden Vista Drive Westbound 2 - East bound. - Excluded Irom totals. (0) 4 - West bound. - Added to totals. (1) 15:21 Mon 03 Feb 2003 to 10:22 Fr; 07 Feb 2003 Z:\mcdata\LLG\2002\315\315\31561 07FEB2003. ECO (Base) A64958FM MC56-1 [MC55] (c)Microcom 07/06/99 Event count 21 :00 Mon 03 Feb 2003 to 09:00 Fri 07 Feb 2003 Factory default profile Count axles divided by two. Non-Metric (It, mi, lis, mph, Ib, ton) 116971 Events · Mon 03 Feb 2003 - Total=2130(incomplete) , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1600 1900 2000 2100 2200 2300 - 1199 "2 33. 3" 190 91 55 347 157 119 43 285 131 73 29 221 114 56 20 · Tue 04 Feb 2003 - Total=35141, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 07 0 06 0 0900 1000 1100 1200 1300 1400 1500 1600 1700 1600 1900 2000 2100 2200 2300 147 79 ,. ,. 200 650 U1 60 2562 2078 2000 2121 2061 2161 2272 2526 2240 2057 1957 1530 1387 1302 '" 275 55 27 14 18 19 97 376 542 "3 566 48' 522 502 546 532 621 594 "3 506 411 360 351 215 74 62 43 24 16 10 39 181 455 717 647 521 480 572 573 507 589 641 507 527 516 406 334 366 1'6 75 43 29 13 13 12 57 236 532 '" 626 493 507 500 496 558 524 637 591 532 456 365 330 334 127 70 53 20 15 24 25 65 334 545 "6 626 496 524 527 490 570 '27 627 546 535 477 346 343 251 111 56 22 AM PkHr07:1510 08:15 (n=2744), AM PHF=O.96 PM PkHr 14:451015:45 (n=2526), PM PHF=0.99 · Wed 05 Feb 2003 - Total=36041, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 07ßO 06DO 0900 1000 HOD 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 16' 77 '2 '6 200 814 ,rê-.!I4,-:2:513>:;Z50:1} 2007 1897 2103 2338 2431 2258 2399 2393 2153 2122 1816 1485 1387 '64 329 62 19 19 12 17 104 365 545 "2 587 490 570 555 626 554 581 ". 472 535 533 391 400 216 84 53 43 29 15 20 36 163 446 ,.. 654 525 479 518 647 604 571 '10 603 564 534 439 403 354 190 100 51 53 13 15 15 7l 226 491 631 554 456 476 512 565 620 579 537 494 546 519 436 322 352 129 75 27 22 16 13 31 76 319 512 642 611 439 450 503 57l 561 554 "1 557 549 534 406 369 261 129 70 23 AM PkHr 07:1510 08:15 (n=2650), AM PHF=O.95 PM PkHr 15:15 to 16:15 (n=2557), PM PHF=0.87 ._. Thu 06 Feb 2003 - Total=35538, 15 minute drops, 0000 0100 0200 03CO 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 17001800 1900 20002100 2200 2300 15. 7. 47 77 212 825'-.l,.84,4'·(250S'œ;a~ 2032 1915 2212 2188 2334 2235 2490 2165 2113 1982 1729 1453 1327 "1 371 53 20 15 11 28 120 363 592 ,., 532 469 609 550 573 540 576 552 "8 544 465 362 398 195 126 57 51 17 11 18 37 183 476 646 "2 504 455 575 609 554 569 ". 536 564 518 481 397 391 207 9. 41 27 21 15 23 59 227 461 635 581 469 477 505 505 606 540 '1' 503 551 466 377 350 295 142 62 40 23 16 6 25 66 295 522 632 633 507 494 523 524 601 566 622 572 500 452 406 344 243 127 69 19 AM PkHr 07:30 to 08:30 (n=2636), AM PHF=O.95 PM PkHr 15:00 10 16:00 (n=2490), PM PHF=O.92 · Fri 07 Feb 2003 - Total=8120(incomplete), 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 157 66 " 03 16' 749 1662 2495 2616 57 26 29 17 20 83 339 539 720 41 19 19 13 26 162 367 666 651 40 26 13 26 48 201 466 634 599 19 17 15 35 70 303 490 654 646 uate: .LFI .jf.LUU..:'i lime: <j:L I :.L4 "'IVI rø , <=... UI .J rrom: Martin A. r'ansn bl !::I-;:!!::IU-!j4Lf 10: JUstin t'<asas EventCount-282 DATASETS: -- Site: ChannelA: ChannelB: _ Survey Duration: File: Identifier: Algorithm: PROFILE: Filter time: Name: Method: Units: In profile: EventCount-282 Page 1 Traffic Data Service Southwest Event Counts -1 [31561] East H Street West of Hidden Vista Drive Eastbou nd 2 - East bound. - Added to totals. (1) 4 - West bound. - Excluded from totals (0) 15:21 Mon 03 Feb 2003 to 10:22 Fri 07 Feb 2003 Z:\mcdata\LLG\2002\315\315\31561 07FEB2003. ECO (Base) A64958FM MC56-1 [MC55] (c)Microcom 07/06/99 Event count 21 :00 Mon 03 Feb 2003 to 09:00 Fri 07 Feb 2003 Factory delault profile Count axles divided by two. Non-Metric (It, mi, I/s, mph, Ib, ton) 100781 Events * Mon 03 Feb 2003 - Total=2019(incomplete) , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 1030 622 367 281 211 96 56 275 170 105 54 258 132 82 46 216 109 84 29 * Tue 04 Feb 2003 - Tota/=30862, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 1.5 10> 71 65 n. 247 1026 1785 ~661 1503 1490 ~B45 ~BBB 1749 ~984\"2341';.244:i:r 2542) 2449 1922 1373 1090 62. 361 56 29 13 18 29 34 136 312 451 398 365 418 501 443 435 624 605 6.. 652 600 378 286 192 99 59 54 29 22 8 18 43 177 371 3.2 435 361 449 441 415 514 595 616 "6 623 494 338 30' 163 99 66 46 22 21 13 29 55 319 501 382 323 372 470 484 429 477 550 578 672 597 443 326 255 152 98 49 29 21 15 26 3. 115 394 601 446 347 392 508 462 462 558 572 643 559 577 385 331 240 121 65 49 AM PkHr 07:30 to 08:30 (n=1935), AM PHF=0.80 PM PkHr 16:45 to 17:45 (n=2626), PM PHF=0.98 * Wed 05 Feb 2003 - Total=31274, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 223 10. 67 6' no 215 1017 17~0 ~697 1356 1511 1780 ~946 1896 2092\2406f2351~5s2~2546 2014 1459 1148 637 368 59 28 17 14 29 36 133 328 406 370 371 364 .70 459 505 557 631 608 67. 553 384 296 201 8S 72 66 31 16 9 13 29 185 346 395 JO. 343 <29 .47 497 517 592 saD 622 62. 5<2 381 324 197 105 81 49 28 20 11 30 55 262 466 439 311 358 456 514 466 538 639 593 6.0 669 481 360 300 129 97 49 49 22 14 30 3. 95 417 570 457 367 439 531 515 47. 532 618 547 642 574 438 334 228 110 78 35 AM PkHr 11 :45 to 12:45 (n=1962), AM PHF=0.92 PM PkHr 17:30 to 18:30 (n=2625), PM PHF=0.97 _ * Thu 06 Feb 2003 - Total=31219, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 237 ,. 77 73 113 244 1042 1723 1685 1507 1480 1727 1879 1612 2080(226B;("24SB.'C2518; 2446 2054 1473 1128 718 37. 72 28 27 16 24 41 146 312 417 390 341 .01 454 491 458 568 619 62. 600 573 406 307 218 106 87 81 29 18 18 19 44 229 358 .16 412 326 390 441 431 522 601 612 6" 607 506 354 290 194 89 67 49 23 14 9 26 50 274 .65 41. 311 394 43' 482 447 550 531 611 615 596 483 358 280 176 93 42 35 18 18 30 44 109 393 5.8 438 394 .19 497 492 443 550 568 616 625 643 492 355 251 130 51 37 AM PkHr07:30 to 08:30 (n=1886), AM PHF=0.80 PM PkHr 17:0Dto 18:00 (n=2518), PM PHF=O.96 * Fri 07 Feb 2003 - Total=5407(incomplete) , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 233 165 120 65 98 216 1008 1748 1754 .7 41 40 12 24 30 129 321 433 67 46 33 14 21 36 199 357 378 42 37 30 16 20 45 312 47B 441 37 41 17 23 33 105 368 592 502 From: Martin A. t-'ansl'1 bl !::I-~!:ILrð4L/ 10: JUstin r--(asas EventCount-280 DATASETS: - Site: ChannelA: ChannelB: _ Survey Duration: File: Identifier: Algorithm: PROFILE: Filter time: Name: Method: Units: In profile: ua¡e. L.IIL.IL.UU';' I II I It:!. .:....L..:...vu ,'VI , ~~~ , EventCount-280 Page 1 Traffic Data Service Southwest Event Counts GJ [31552] East H Street Btwn Hidden Vista Drive & Terra Nova Drive Westbound 2 - East bound. . Excluded from totals. (0) 4 - West bound. - Added to totals. (1) 14:53 Mon 03 Feb 2003 to 11 :24 Fri 07 Feb 2003 Z:lmcdataILLGI20021315131513155207FEB2003.ECO (Base) A56929AH MC56-1 [MC55] (c)Microcom 07106/99 Event count 16:00 Mon 03 Feb 2003 to 11 :00 Fri 07 Feb 2003 Factory default profile Count axles divided by two. Non-Metric (ft, ml, f/s, mph, Ib, ton) 99564 Events · Mon 03 Feb 2003 - Total=8077(incomplete) , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1BOO 1900 2000 2100 2200 2300 1612 1461 1398 1139 1014 ". 376 "B 498 39B 344 310 265 256 127 57 23 - 392 350 389 314 230 267 96 76 17 - 361 381 319 267 244 195 81 42 12 361 332 346 24. 275 151 72 33 11 · Tue 04 Feb 2003 - Total=25396. 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 .3 " 3' 3' 123 582 [123]) ¡fê."2j';\'l752' 14.29 1415 1656 1485 1570 1663 1840 1568 1508 1478 1177 1132 1043 5Z4 217 23 17 7 9 . 85 224 382 ... 378 346 420 389 369 402 45' 450 36. 379 302 297 270 183 68 50 17 14 11 4 22 123 306 52' 451 343 327 419 41' 405 415 45' 361 366 385 311 283 311 151 56 38 12 7 4 8 43 140 310 '72 413 371 375 410 339 421 382 452 390 388 357 318 246 276 96 43 35 11 6 8 18 49 234 391 453 392 337 367 407 339 375 ,., 458 367 385 357 246 306 186 94 50 18 AM PkHr 07:15 to 08:15 (n=1941), AM PHF=0.93 PM PkHr 14:45 to 15:45 (n=1846), PM PHF=0.96 · Wed 05 Feb 2003 - Total=28130, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 141 " 45 62 167 706 '..1503:r20_25;~5I,92· 1523 1370 1562 1695 1746 1661 2175 1696 1685 1718 1392 1200 1184 540 278 50 17 14 10 15 52 298 424 66' 489 372 400 418 426 431 472 '44 403 420 '0' 313 335 190 66 41 38 23 12 12 33 141 371 528 57' 380 344 401 529 476 376 'B' 408 472 437 337 317 306 156 83 42 35 12 , 13 56 162 404 552 437 353 341 389 37' 453 391 S07 344 381 436 348 265 283 95 66 26 18 12 10 27 63 291 430 521 425 301 313 372 369 391 483 607 400 429 425 303 305 260 99 63 22 AM PkHr 07:30to 08:30 (n=2203), AM PHF=O.96 PM PkHr 15:15 to 16:15 (n=2247), PM PHF=O.93 _. Thu 06 Feb 2003 - Total=27901, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 131 " 41 " lB7 739(1.~26X20~9~21Ø~1692 1468 1668 1540 1684 1558 1902 1639 1655 1560 1323 1234 1087 ,SO 302 41 13 11 7 21 104 310 '74 '7' 454 365 430 386 382 438 '3' 406 392 395 356 295 332 166 95 44 42 12 10 16 34 157 387 540 ,SO 400 342 485 445 429 394 54' 406 451 442 356 335 313 154 85 30 26 14 12 19 53 199 '02 521 444 423 367 372 331 456 406 461 388 386 370 300 302 251 121 70 26 22 12 8 24 79 279 427 55' 500 415 394 401 378 417 420 '52 439 426 353 311 302 191 109 52 13 AM PkHr 07:30 to 08:30 (n=2240), AM PHF=O.95 PM PkHr 15:00 to 16:00 (n=1902), PM PHF=O.87 · Fri 07 Feb 2003 - Total=1 0060(incomplete} , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 113 70 52 77 149 667 1448 2009 2108 1748 1619 44 24 17 13 19 82 292 444 588 512 423 30 11 18 11 27 136 361 539 552 450 427 26 21 . 26 35 196 372 495 "8 430 401 13 14 9 27 68 253 423 528 490 356 368 t-rom: Martin A. t-'aflsn b·I~.:I::1\j-èl'l-LI 10: ,JUStin t"\asas -- EventCount-280 DATASETS: -Site: ChannelA: ChannelB: _ Survey Duration: File: Identifier: Algorithm: PROFILE: Filter time: Name: - Method: Units: In profile: Ui:ll~. ¿I I¿I¿UU.;> ""'''''. L.LL.UU ,IVI ....JO"......."...." EventCount-280 Page 1 Traffic Data Service Southwest Event Counts . . [31552] East H Street Btwn Hidden Vista Drive & Terra Nova Drive 2 - East bound. - Added to totals. (1) 4 - West bound. - Excluded from totals. (0) 14:53 Man 03 Feb 2003 to 11 :24 Fr; 07 Feb 2003 Z:\mcdata\LLG\2002\315\315\3155207FEB2003. ECO (Base) A56929AH MC56-1 [MC55] (c)Microcom 07/06/99 Event count Eastbound 16:00 Mon 03 Feb 2003 to 11 :00 Fri 07 Feb 2003 Factory default profile Count axles divided by two. Non-Metric (ft, mi,,fIs, mph, Ib, ton) 97557 Events · Mon 03 Feb 2003 - Total=1 0327(incomplete) , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 - 1939 2036 1768 1S94 ll94 915 540 3.1 - 532 438 51. .49 356 255 171 96 47 - 490 553 427 406 317 237 160 95 48 4.2 518 401 389 272 220 117 75 38 475 527 426 350 2<9 203 32 75 26 · Tue 04 Feb 2003 - Total=2641 0, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 15QO 16QO 17QO 1800 1900 2000 2100 2200 2300 159 " 50 56 101 21. 918 1619 1404 1249 1131 1466 1511 1447 1554 -"1.8.77' 205a-<Ž291' 2208 1844 1294 963 576 332 .7 23 9 11 27 33 114 293 .OS 335 257 349 382 357 354 514 511 5.. 595 590 35. 259 151 91 60 4. 29 16 9 15 37 161 320 322 350 254 308" 353 333 393 455 515 593 567 456 340 259 172 91 61 38 15 15 13 26 53 300 '67 291 268 302 391 379 367 386 466 497 620 541 408 300 234 142 86 45 26 19 10 23 31 93 343 539 3.3 296 318 418 397 390 421 442 535 490 505 390 300 211 111 6. 38 AM PkHr07:30 to 08:30 (n=1736), AM PHF=0.81 PM PkHr 16:45 to 17:45 (n=2336), PM PHF=0.Q4 · Wed 05 Feb 2003 - Total=27013, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 20. 112 " 62 ,. 190 964 1541 1447 1178 1178 1359 1528 1535 1665(1986'-7:020· ;-:2415 2405 1856 1276 1017 570 33. 60 31 18 14 2. 37 116 295 369 314 301 2.2 389 379 409 478 5.. 532 673 520 353 27. 190 86 57 61 31 15 6 12 25 173 303 317 266 274 315 351 404 396 455 48' 603 5.8 49' 309 2.0 159 97 74 45 28 18 14 27 53 271 .22 336 288 270 370 372 369 415 517 523 641 619 461 335 243 123 85 44 38 22 ,. 28 31 75 404 521 .25 310 333 392 416 383 445 536 464 63' 525 381 279 216 98 70 2. AM PkHr 07:30 to 08:30 (n=1629), AM PHF=0.78 PM PkHr 17:15 to 18:15 (n=25:56), PM PHF=0.95 _. Thu 06 Feb 2003 . Total=26728, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 15.00 1600 17,0.0 1800 1900 2000 2100 2200 2300 203 .1 6. .. 92 22' 911 1529 1429 1257 1~99 B52 1459 1499 1695-::~e48..2177, ž-3:i.5 2203 1777 1329 1021 6.2 3.0 57 26 23 ,. 21 37 11' 274 3.. 330 2.3 314 3.4 394 397 45. 514 59. 567 511 374 275 15' 99 81 7' I. 16 14 12 '5 184 324 332 356 268 309 357 377 442 485 568 592 53' 412 338 278 179 82 55 44 23 13 10 2. 43 255 41. 333 273 306 339 372 351 410 429 548 57. 542 440 306 249 155 87 45 2. 14 17 28 35 100 353 517 37' 298 342 390 386 377 446 480 547 551 560 414 311 219 119 72 30 o\M PkHr 07:30 to 08:30 (n=1648), AM PHF=0.80 PM PkHr 17:00 to 18:00 (n=2315), PM PHF=0.Q7 · Fri 07 Feb 2003 - Total=7078(incomplete) , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 211 14. 102 59 .. 1.. 904 1492 1471 1196 1223 81 36 36 12 22 29 112 26. 392 307 279 55 38 26 12 17 29 176 29. 318 280 282 .5 36 24 15 16 40 271 399 329 301 333 30 3. 16 20 33 90 3.5 527 432 308 329 r, UI". ¡V'''''lll' r-.. r"" I'''' U' "'--''''U-O'''..<.I 'U. -.lU,,""" f"\.<I."""''''' EventCount-280 DATASETS: Site: ChannelA: ChannelS: Survey Duration: File: Identifier: Algorithm: PROFilE: Filter time: Name: Method: Units: In profile: l.-I"'lC. ¿;J I¿;J..<.UU-' ",,'c, "'-."<'':''.uu r,v, '..1;1"'''''''........ EventCount-280 Page 1 Traffic Data Service Southwest Event Counts ~ t~ J [31553] East H Street Btwn Del Rey Blvd & Paseo Del Rey 2 - East bDund. - Excluded from tDtals. (0) 4 - West bDund. - Added tD tDtals. (1) 15:18 Mon 03 Feb 2003 to 11 :11 Fri 07 Feb 2003 Z:\mcdata\LLG\2002\315\315\3155307FEB2003. ECO (Base) A643QTA4 MC56-1 [MC55] (c)MicrocDm 07106/99 Event cDunt Westbound 17:00 Mon 03 Feb 2003 to 11 :00 Fri 07 Feb 2003 Factory default profile Count axles divided by two. Non-Metric (ft, mi, f/s, mph, Ib, ton) 92282 Events · Mon 03 Feb 2003 - Total=7095(incomplete), 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 1558 1543 1233 1190 933 383 255 3eo 399 326 303 295 127 70 38 380 3B9 329 259 273 101 B9 36 - 412 417 284 322 209 75 56 23 - 386 338 294 306 156 80 40 14 · Tue 04 Feb 2003 - Total=25555, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 III 51 38 53 139 617it253t~'653r1661 1487 1422 1682 1514 1622 1724 1911 1647 B60 1480 1202 1128 936 .60 204 38 22 9 13 13 72 25U" 349 '42 383 341 445 376 385 421 "8 .17 334 387 325 291 258 170 57 48 36 17 12 8 29 130 307 473 415 359 359 412 436 384 403 .65 409 403 366 340 266 271 130 58 40 23 8 6 10 37 163 333 389 399 382 315 415 356 437 416 490 430 427 361 271 266 235 82 42 30 14 4 11 22 60 252 363 "2 405 363 407 410 346 416 484 S08 331 396 366 266 305 172 78 47 18 AM PkHr07:15 to 01:15 (n=1746).AM PHF=0.92 PM PkHr 15:00 to 16:00 (n=1911), PM PHF=O.94 · Wed 05 Feb 2003 - Total=25891, 15 minute drops, 0000 0100 0200 0300 0400 0500 06Gû O~OO O~OP 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 136 60 39 " 133 564 :...1210:;,1556;,1557' 1358 1349 1595 1760 1751 H89 1940 1632 1618 1602 1372 1161 1044 .67 '" 48 17 13 8 12 70 248 310 457 42S 353 43. ." 462 413 .04 440 360 412 393 289 271 162 65 44 40 20 11 11 27 118 300 419 424 325 345 399 50S 439 394 490 408 450 394 333 293 294 143 65 35 30 10 7 14 51 153 311 402 341 313 326 397 411 443 436 .6. 372 408 425 325 274 254 80 63 26 16 13 8 21 43 223 351 425 335 292 325 365 403 407 446 502 412 400 371 321 305 225 82 51 20 AM PkHr 11:45 to 12:45 (n=1722). AM PHF=D.B5 PM PkHr 15:00 to 16:0D (n=1940). PM PHF=O.97 · Thu 06 Feb 2003 - Total=25509, 15 minute drops, 0000 0100 0200 0300 0400 0500 ~60Q_P~OO ß800 0900 1000 1100 1200 1300 1400 1500 1600 17001800 1900 2000 2100 2200 2300 125 " 3S 60 142 565d20O::;:1653'¡:1651 1414 1412 1702 1598 1695 1697 1900 1548 1511 1441 1258 1172 940 .69 273 44 10 10 5 16 90 240 3155 460 371 335 459 427 393 423 453 367 337 348 348 286 305 157 88 39 35 12 8 15 31 118 334 .60 452 344 316 453 415 438 376 502 379 413 381 329 287 258 128 85 27 26 15 10 18 41 155 292 '" 330 382 358 362 365 450 429 450 387 365 380 265 316 221 103 54 23 20 11 7 22 54 202 334 .14 '09 317 403 428 391 414 469 495 415 396 332 316 283 156 81 46 15 AM PkHr07:15 to 08:15 (n=174a), AM PHF=O.95 PM PkHr 15:00to 16:00 (n~1900), PM PHF=O,95 · Fr; 07 Feb 2003 - Total=8231 (incomplete) ,15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 10. 65 42 6S 121 516 1132 1568 1672 1468 1478 39 22 16 8 15 70 239 355 483 447 400 27 9 14 11 22 110 307 450 414 399 368 23 20 6 24 34 147 270 396 381 309 354 15 14 6 22 50 189 316 367 394 313 356 Date: 2/12/2003 Time: 2:22:06 PM t"age ö OT L.':' From: Martin A. Parish 619-390-8427 To: Justin Rasas EventCount-280 DATASETS: - Site: ChannelA: ChannelB: _ Survey Duration: File: Identifier: Algorithm: PROFilE: Filter time: Name: Method: Units: In profile: EventCount-280 Page 1 Traffic Data Service Southwest Event Counts ,ê [31553] East H Street Btwn Del Rey Blvd & Paseo Del Rey 2 - East bound. - Added to totals. (1) 4 - West bound. - Excluded from totals. (0) 1518 Mon 03 Feb 2003 to 11 :11 Fri 07 Feb 2003 Z:lmcdataILLG\20021315131513155307FEB2003 ECO (Base) A643QTA4 MC56-1 [MC55] (c)Microcom 07/06/99 , Event count Eastbound 17:00 Mon 03 Feb 2003 to 11 :00 Fri 07 Feb 2003 Factory default profile Count axles divided by two. Non-Metric (It, mi, f/s, mph, Ib, ton) 89441 Events · Mon 03 Feb 2003 - Total=8189(incomplete} , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 DaDo 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 - 2184 2051 1474 1031 73' ,.. 266 471 537 '" 269 194 141 75 40 560 557 368 269 200 126 71 32 - 559 48' 359 245 178 101 63 37 594 473 313 208 167 76 57 21 · Tue 04 Feb 2003 - Total=24807, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 130 10 '2 47 102 169 870 1537 ~32S ~255 ~~ao ~499 1.4871.451. 1.559 Ua46_\1937\~'2107 1949 1.490 1.082 62' 477 255 40 16 1 8 29 28 107 300 377 338 266 345 401 359 336 480 '492 537 493 433 285 220 131 65 45 32 22 12 8 16 32 147 310 304 355 292 344 365 338 430 451 489 514 548 391 253 216 145 69 49 37 12 15 13 26 42 267 477 30' 281 291 394 359 361 397 453 451 567 '63 317 258 ,,, 115 10 40 21 20 8 18 31 " 349 550 335 282 331 416 362 393 396 462 505 '69 445 349 246 197 86 51 28 AM PkHr 07:15 to 08:15 (n=1714), AM PHF=0.78 PM PkHr 16:45 to 17:45 (n=2123), PM PHF=D.94 · Wed 05 Feb 2003 - Total=25056, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 l~PO 1600 1700 1800 1900 2000 2100 2200 2300 162 .. 58 53 92 177 91.3 1466 ~325 1.1.~O ~115 1404 1550 1.498 ~660( ~959,(1.915;:2~47. 21.07 ~552 ~1.06 854 '54 253 '5 23 18 13 29 41 107 326 328 281 246 287 394 367 394 ,,9 541 462 562 387 287 225 149 65 48 " 24 12 7 10 24 162 288 292 260 287 319 333 391 402 433 453 538 541 40' 278 237 140 78 61 40 28 15 11 29 '6 245 384 323 251 242 369 '06 362 42' 527 460 562 530 40' 291 219 94 72 34 28 21 13 22 24 66 399 '88 382 306 340 ", 417 378 440 560 '61 585 474 357 250 173 71 48 27 AM PkHr 11:45 to 12:45 (n=1562),AM PHF=0.91 PM PkHr 17:30 to 18:30 (n=2250), PM PHF=0.96 - -' Thu 06 Feb 2003 - Total=24620, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1~00 1~00 1]00 1800 1900 2000 2100 2200 2300 170 " 60 60 86 203 a63 1490 ~311. 1213 ~2~3 1341 146~ 1468 1649 ,173ÕY1971";2091 ~la66 1530 1087 863 524 276 48 15 20 14 22 33 10' 274 36. m 271 311 358 400 389 416 4ì'l 510 412 415 272 235 156 17 58 61 18 13 , 13 45 166 292 305 340 278 321 326 356 413 430 522 531 .19 329 313 232 137 61 50 34 18 15 12 " 36 239 '01 331 261 298 312 413 329 '54 413 473 504 468 399 220 211 131 71 30 27 13 12 25 32 89 36' 523 311 288 366 397 384 383 393 411 505 646 447 387 282 175 100 61 21 AM PkHr 07:30 to 08:30 (n=1593), AM PHF=0.76 PM PkHr 17:00 to 18:00 (n=2091), PM PHF=0.96 · Fri 07 Feb 2003 - Total=6769(incomplete) , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 15. 11' " 65 82 '" 661 1496 1339 1137 1.276 58 32 27 12 20 29 109 268 335 286 298 50 28 26 10 16 30 163 288 300 268 307 30 31 18 11 18 31 222 414 331 293 317 21 28 13 Z2 28 69 367 528 373 290 354 From: Mart¡n A. Parish 619-390-8427 To: Justin Rasas EventCount-280 DATASETS: -Site: ChannelA: ChannelB: Survey Duration: -File: Identifier: Algorithm: PROFILE: Filter time: Name: -Method: Units: In profile: Date: 2/12/20U3 lime: :¿::'U:Uti t-'M I-'age Î ï 01 L~ EventCount-280 Page 1 Traffic Data Service Southwest Event Counts n J [31554] East H Street Btwn Tierra Del Rey & Paseo Ranchero 2 - East bound. - Excluded from totals. (0) 4 - West bound. - Added to totals. (1) 15:20 Mon 03 Feb 2003 to 10:55 Fri 07 Feb 2003 Z:\mcdata\LLG\2002\315\315\3155407FEB2003. ECO (Base) A564FEQH MC56-1 [MC55] (c)Microcom 07/06/99 Event count !I 1)9 i_. 17:00 Mon 03 Feb 2003 to 10:00 Fri 07 Feb 2003 Factory default profile Count axles divided by two. Non-Metric (ft, mi, I/s, mph, ib, ton) 83526 Events . Mon 03 Feb 2003 - Total=6138(incomplete) , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 -- - 1521 1495 1055 '" ,., ". nB - 356 420 313 217 233 " " 13 400 406 289 214 231 6' 29 21 - 401 388 215 224 172 68 24 14 - 368 2Bl 238 249 133 50 21 , . Tue 04 Feb 2003 - Total=23489, 15 minute drops, 00000100 0200 03CJO 0400 0500 01>0.0 QJ.Q.O ,Q·Sü.o 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 5' 30 2B 52 155 574 ð.14..!('l566'i.1607 1408 1431 1566 1429 1521 1510 1817 1510 1479 1415 1014 91' 'BB 325 124 13 14 10 10 17 92 232 333 '" 347 378 '39 40' 341 359 396 3" 318 425 '" 242 175 121 34 23 21 11 , 8 32 11' 2% '51 407 351 338 405 382 373 349 ." 378 '07 339 281 207 247 101 36 18 14 , 7 10 38 152 299 344 362 3B1 338 386 32l 455 368 447 380 386 328 234 212 218 45 27 18 , 1 7 24 6B 211 317 "0 377 329 377 336 3" 352 434 'B' 343 36B 323 210 256 148 " 27 12 AM PkHr07:15to 08:15 (n=1716),AM PHF=0.93 PM PkHr 15:15to 16:15 (n=1820), PM PHF=0.93 - 'Wed 05 Feb 2003 - Total=23853, 15 minute drops, 0000 0100 02000300 0400 0500tO~,00ß700 0.80009001000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 n 39 3' 52 153 549(112~;~563(1634 1360 1348 1521 1567 1569 1468 1900 1505 1548 1592 1149 83. BO. 311 13. 23 14 11 , 16 n 236 323 49-« 420 382 '38 463 439 34B 47. 392 32B 419 351 213 205 III 30 20 lB 8 , 10 28 110 26' '" 393 367 342 364 436 36' 322 "B 372 '" 400 302 214 234 102 43 18 18 7 8 13 57 145 303 377 379 249 287 372 337 '" 382 472 352 375 388 24' 184 185 53 36 15 12 10 6 20 52 203 318 .3. 36B 324 317 346 331 352 426 'B' 3B' 434 385 247 215 172 45 27 11 "M PkHr07:15 to 08:15 (n=1734), AM PHF=0.88 PM PkHr 15:00 to 16:00 (n=1900), PM PHF=D.98 . Thu 06 Feb 2003 - Total=23505, 15 minute drops, -- 0000 0100 0200 0300 0400 0500..--0:6ilD ..0.·:7-00..0-800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 65 25 " 5B 154 531t 1.039f:1573<'1631\1407 1398 1625 1494 1516 1461 1816 1496 1569 1490 1033 B" 737 '" 151 20 5 9 , 26 89 ''"217 35B ""ì, 63 352 337 485 421 355 328 441 371 33B 375 306 256 222 '0' 47 24 18 7 6 10 30 116 281 44. 418 368 323 417 372 367 307 500 375 382 400 283 218 225 78 47 15 15 5 7 18 43 136 260 373 365 354 346 353 334 435 380 .07 36' 388 368 218 198 161 68 30 10 11 8 7 21 55 185 271 39B 385 333 382 370 367 35' 435 470 383 '61 346 216 226 128 49 " 9 W PkHr07:15 to 08:15 (n=1678), AM PHF=0.91 PM PkHr 15:00 to 16:00 (n=1818), PM PHF=0.!l1 'Fr! 07 Feb 2003 - Total=6541 (incomplete) ,15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 5B 49 37 5. 123 497 1037 1547 1698 1441 24 16 18 e 15 " 223 334 '" 437 15 11 6 10 23 107 235 '18 384 377 10 , 7 15 37 128 279 358 396 288 9 13 5 21 'B 167 300 436 434 339 ~rom: lVIartlnA. t-'ansn tjl!::1-~!:1U-ö4L{ 10: ,JUStin Kasas EventCount-280 DATASETS: - Site: ChannelA: ChannelB: Survey Duration: File: Identifier: Algorithm: PROFILE: Filter time: Name: Method: Units: In profile: uare: ¿¡ I¿¡LUU.,) Ilmt::. L.¿.¿.,UO rIVI , ");:I'" ,'-'~,....... EventCount-28D Page 1 Traffic Data Service Southwest Event Counts .~ r~ [31554] East H Street Btwn Tierra Del Rey & Paseo Ranchero 2 - East bound. - Added to totals. (1) 4 - West bound. - Excluded from totals. (0) 15:20 Man 03 Feb 2003 to 10:55 Fri 07 Feb 2003 Z:\mcdataILLG\2002\315\315\3155407FEB2003. ECO (Base) A564FEQH MC56-1 [MC55] (c)Microcom 07106/99 Event count Eastbound 17:00 Mon 03 Feb 2003 to 10:00 Fri 07 Feb 2003 Factory default profile Count axles divided by two. Non-Metric (ft, mi, f/s, mph, Ib, ton) 78290 Events · Mon 03 Feb 2003 - Total=7686(incomplete) , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 180019002000 2100 2200 2300 - 1942 la57 1391 106"7 739 442 248 "6 507 374 294 215 152 70 <1 - '80 515 357 304 183 117 60 47 - 502 395 313 256 182 102 6' 30 514 '40 347 213 159 71 55 25 · Tue 04 Feb 2003 - Total=21791 , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 16,00 ~oo 1800 1900 2000 2100 2200 2300 143 '3 3' " 57 150 778 1434 1131 1039 920 1246 1240 1261 1366 '; 1562~;'167 4':'1908 1760 1376 1073 824 "8 250 <1 18 8 7 13 14 70 271 317 27' 204 281 305 309 319 446 423 "4 411 <10 268 240 149 66 47 47 18 11 5 5 26 136 283 270 309 212 246 307 307 331 380 419 506 516 320 299 215 128 69 50 30 13 13 7 21 42 234 392 237 224 241 348 303 299 335 381 409 '82 421 318 252 170 117 61 37 25 14 7 10 18 68 330 '88 299 227 263 371 325 346 381 355 423 456 <12 328 254 199 74 54 28 AM PkHr07:15 to 08:15 (n=1480),AM PHF=0.76 PM PkHr 17:00 to 18:00 (n=1908), PM PHF=0.94 · Wed 05 Feb 2003 - Total=21991, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1,50D 1600 1700 1800 1900 2000 2100 2200 2300 ,.2 77 52 38 57 150 804 1406 1175 952 935 1160 1216 1278 1458 r~1.635a669(1875 1843 1366 1138 858 "0 237 47 20 18 14 15 20 89 314 283 260 202 233 304 297 320 '11 427 396 481 331 335 231 154 61 51 50 14 14 , 6 23 130 257 271 219 218 300 263 340 353 388 390 465 "8 368 287 216 141 6' 56 37 26 10 10 21 38 214 35. 288 215 232 290 310 327 389 '11 421 500 m 340 247 203 81 60 41 28 17 10 10 15 69 371 '" 333 256 283 337 339 314 396 425 431 51' m 327 269 208 74 52 26 AM PkHr 07:00 to 08:00 (n=1406), AM PHF=0.75 PM PkHr 17:30 to 18:30 (n=1993), PM PHF=0.!l7 _. Thu 06 Feb 2003 - Total=21983, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 LSOO,-1'60D 1-70,0 1800 1900 2000 2100 2200 2300 174 51 51 30 53 153 774 1381 1162 1072 973 1206 1197 1286 1493 .'1515\:1730 :1796 1851 1365 1082 842 472 264 51 12 20 13 13 18 74 278 333 295 201 254 289 355 334 HZ ,;f33 44'S ,.. 365 290 248 152 74 46 56 21 8 5 , 29 139 272 27. 284 222 261 288 318 352 390 '11 470 ", 302 266 226 122 60 54 41 16 14 7 18 39 236 287 274 235 239 305 308 293 378 368 '43 '37 41' 361 249 206 113 70 21 26 12 9 5 18 67 325 5" 279 256 311 386 312 320 429 385 '43 "4 46' 337 277 162 85 60 21 A.M PkHr 07:30 to 08:30 (n=1440), AM PHF=0.66 PM PkHr 17:3D to 18:30 (n=1854), PM PHF=O.93 · Fri 07 Feb 2003 - Total=4838(incomplete) , 15 minute drops. 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 142 96 .7 35 50 12' 782 1356 1182 1002 46 25 20 5 16 15 82 286 306 267 54 22 20 10 9 27 128 242 257 203 21 28 15 11 12 23 201 355 279 252 21 21 12 9 13 61 371 '73 340 280 rIU!!!.IV,..rurll"'..r-dr'OSfl O,:::r-':>~U-O<+¿f lo;..ru'!i{rn"aSaS .. EventCount·280 DATASETS: -Site: ChannelA: ChannelB: __ Survey Duration: File: Identifier: Algorithm: PROFILE: Filter time: Name: -Method: Units: In profile: wate; L.J'L.J'¿UU.:> 'line. .¿..¿.¿.uo r-'VI r..!, ", L' WI L..> EventCount-280 Page 1 Traffic Data Service Southwest Event Counts [31559W] Olympic Parkway IE.Orange Oleander to Brandywine Westbound 4 - West bound. - Added to totals. (1) o - Unused or unknown. - Excluded from totals. (0) 17:55 Man 03 Feb 2003 to 13:14 Fri 07 Feb 2003 Z:\mcdata\LLG\2002\315\315\31559W07FEB2003. ECO (Plus) A647KH81 MC56-1 [MC55] (c)Microcom 07106/99 Event count 20:00 Mon 03 Feb 2003 to 12:00 Fri 07 Feb 2003 Factory default profile Count axles divided by two. Non·Metric (ft, mi, I/s, mph, Ib, ton) 48035 Events · Mon 03 Feb 2003 - Total=1 077(incomplete) , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 - 3.. 37. 183 12' " 115 '6 29 18 - 103 105 47 36 14 97 79 " 27 14 100 75 " 34 10 · Tue 04 Feb 2003· Total=13524, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 56 21 28 35 91 387 1098 1357 1084 858 70' 693 692 671 835 1113 837 7" 63' 469 360 401 198 133 18 6 7 6 15 38 213 373 282 231 161 171 195 149 203 243 219 211 171 127 88 " 64 40 17 14 9 6 7 17 68 267 336 286 188 164 184 165 139 166 270 182 176 161 110 84 11' 52 31 19 14 1 , 11 19 115 303 326 261 242 170 152 152 180 203 293 205 180 155 126 82 102 49 38 12 10 5 11 11 '0 166 295 322 255 207 209 186 180 203 263 307 231 192 147 106 106 86 33 24 11 AM PkHr 07:00 to 08:00 (n=1357), AM PHF=0.91 PM PkHr 15:00to 16:00 (n=1113), PM PHF=0.91 · Wed 05 Feb 2003 . Total=1347B, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 " 25 29 37 8. 385 1088 1284 1072 809 654 ." 766 738 772 1090 816 798 717 493 383 376 203 135 17 5 10 2 9 42 201 337 250 237 188 165 212 175 172 238 227 206 192 132 33 100 56 " 16 19 9 5 6 15 78 '" 356 292 206 142 181 214 180 191 260 197 215 166 116 95 110 " 35 18 12 8 6 14 21 107 305 296 268 160 165 14' 162 207 160 326 184 165 186 110 91 98 46 24 12 11 3 8 15 41 158 298 295 262 186 15' 173 178 176 229 266 208 192 173 135 98 68 52 35 6 .\M PkHr 06:30 to 07:30 (n=1296), AM PHF=D.!ôl1 PM PkHr 15:00to 16:00 (n=1090), PM PHF=D.84 ~ Thu 06 Feb 2003 -Total=13705,15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 " 33 19 19 91 385 1121 1301 1080 899 73. 770 673 717 803 1129 787 806 671 "9 '16 385 196 118 16 8 7 1 , 47 192 322 240 242 184 222 186 163 179 307 191 217 164 130 93 105 51 33 21 16 12 5 2 12 74 283 366 301 208 195 201 176 201 188 ". 200 223 175 123 108 107 45 31 22 12 6 2 10 26 116 308 296 267 227 156 173 160 179 186 289 201 188 173 126 105 95 47 29 12 6 7 5 5 " 148 338 317 272 222 201 174 151 174 250 259 "5 178 159 120 110 78 53 25 9 lM PkHr 06:30 to 07:30 (n=1334), AM PHF=0.91 PM PkHr 15:00 to 16:00 (n=1129), PM PHF=O,92 . Fr; 07 Feb 2003 - Total=6250(incomplete) , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 " 29 28 35 78 3" 991 1255 1102 8SS 73. 72. 21 7 , 5 8 35 179 326 282 229 205 163 22 9 9 11 21 77 257 346 288 212 203 198 12 6 8 , 19 103 268 290 277 201 187 172 9 7 7 10 30 134 287 293 255 213 143 173 From: Martin A. Parish 619-390-8427 To: Justin Rasas EventCount-280 DATASETS: - Site: ChannelA: ChannelB: _ Survey Duration: File: Identifier: Algorithm: PROFILE: Filter time: Name: Method: Units: In profile: uate: LI1LfLUU~ I ¡me: L:LL:UO r-'rvl r<1!::jc....u UI....-' EventCount-280 Page 1· Traffic Data Service Southwest Event Counts [31559E] Olympic Parkway IE. Orange Oleander to Brandywine 2 - East bound. - Added to totals. (1) o - Unused or unknown. - Excluded from totals. (0) 17:56 Man 03 Feb 2003 to 13:26 Fr; 07 Feb 2003 Z:\mcdata\LLG\2002\315\315\31559E07FEB2003. ECO (Base) A567C54F MC56-1 [MC55] (c)Microcom 07/06/99 Event count Eastbound 19:00 Mon 03 Feb 2003 to 10:00 Fri 07 Feb 2003 Factory default profile Count axles divided by two. Non-Metric (ft, mi, fls, mph, Ib, ton) 51560 Events · Mon 03 Feb 2003 - Total=2202(incomplete) , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1BOO 1900 2000 2100 2200 2300 452 '" 536 371 202 0 167 D' 121 60 .0 83 184 150 103 45 27 - 189 135 131 .6 56 18 - 180 155 117 61 41 26 · Tue 04 Feb 2003 - Total=14972, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 111 53 3. 33 .7 184 1005 1120 ." 725 612 627 625 736 871 1032 1150 1236 1201 92' 'os "3 37. 16. 40 21 · 7 . 21 121 258 258 208 161 151 149 16' 178 240 261 287 32. 269 203 142 122 56 40 27 11 · 5 9 27 212 23. 195 18. 143 148 173 183 211 274 294 330 313 220 174 133 10. 31 38 18 13 · 7 . 45 300 281 220 157 143 149 159 195 239 239 293 3>5 282 237 155 159 67 44 27 26 . 14 14 22 91 372 333 196 173 165 179 14. 190 243 279 302 304 282 200 133 129 81 37 14 AM PkHr 06:30 to 07:30 (n=1178),AM PHF=0.79 PM PkHr 17:15 to 18:15 (0=1273), PM PHF=0.96 · Wed 05 Feb 2003 - Total=14846, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 "' " 35 35 72 206 1026 1114 953 ... '00 '" 59' '" 914 1056 1146 1114 1182 ... ,SO 579 31. 193 40 15 · 5 11 24 129 2.5 258 169 142 166 147 163 173 229 2.3 249 313 251 178 145 106 65 36 3. 11 · 13 ,. 54 193 223 204 131 124 151 148 174 235 263 283 2.. 311 237 165 174 79 42 24 27 , 13 . 23 42 32' 291 26. 161 171 162 141 169 239 265 267 286 290 221 156 138 71 51 27 14 6 · 13 22 .6 376 315 227 187 163 184 160 175 267 299 313 291 268 190 157 122 62 35 15 AM PkHr 06:30 to 07:30 (n=1212), AM PHF=0.81 PM PkHr 17:45 to 18:45 (n=1205), PM PHF=O.96 _. Thu 06 Feb 2003 -Total=15242, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 102 " 3. 42 5. 200 1014 1120 .37 77. '" 5.. 553 670 ." 1022 1123 1160 1189 967 72' SO. 3.' 172 36 22 " 9 13 26 134 301 295 205 154 157 133 156 199 245 262 274 309 280 198 137 130 59 50 24 12 10 9 11 35 229 251 222 229 145 147 199 16. 251 26. 306 297 303 259 190 151 103 31 34 27 16 8 , 14 46 312 279 201 167 138 161 179 166 242 210 265 295 298 234 168 143 85 41 25 15 16 6 16 20 93 339 289 219 177 187 203 142 184 249 299 290 2" 279 194 172 133 6. 41 27 AM PkHr 06:30 to 07:30 (n=1203), AM PHF=O.89 PM PkHr 17:45 to 18:45 (n=1204), PM PHF=0.97 · Fr! 07 Feb 2003 - Total=4297(incomplete) , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 136 " 42 .7 " ~7SI ~040 107S ..3 '" 50 18 9 13 12 18 117 279 26. 163 34 16 " 5 11 36 217 231 254 157 25 19 12 11 15 54 320 247 230 190 27 13 7 18 17 71 3.6 321 245 151 rrom: MaTtln 1"1. r-arlsn 0 I ~-.."J~U-ö"'LI 10: .Justrn l"'\aSa5 EventCount-280 DATASETS: Site: ChannelA: ChannelB: Survey Duration: File: Identifier: Algorithm: PROFILE: Filter time: Name: Method: Units: In profile: WeHt:::..!.J l¿r¿uu.."J lilliI:'. L....:....:..UV rlvl , Q~<;......'" "',......., EventCount-280 Page 1 Traffic Data Service Southwest Event Counts [315510] Olympic Parkway Brandywine to Heritage Road Westbound 2 - East bound. - Excluded from totals. (0) 4 - West bound. . Added to totals. (1) 17:59 Mon 03 Feb 2003 to 13:06 Fri 07 Feb 2003 Z:lmcdataILLG\200213151315131551 007FEB2003.ECO (Base) A645ZJ44 MC56-1 [MC55] (c)Microcom 07/06/99 Event count 20:00 Mon 03 Feb 2003 to 12:00 Fri 07 Feb 2003 Factory default profile Count axles divided by two. Non-Metric (ft, mi, fls, mph, Ib, ton) 38824 Events * Mon 03 Feb 2003 - Total=773(incomplete) , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 289 287 130 .7 " 95 43 20 6 77 88 33 19 10 73 57 32 14 7 90 47 22 14 4 * Tue 04 Feb 2003 - Total=11 000, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0600 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 27 12 19 13 57 250 819 1365 950 .53 52. 57. 553 553 693 1049 .89 592 480 314 276 316 151 65 6 4 4 3 6 26 143 338 287 175 135 141 162 109 154 237 201 170 142 84 58 86 56 20 9 10 3 5 1 9 43 196 359 254 146 123 172 132 123 133 243 169 139 123 78 65 78 44 18 9 7 0 5 2 14 65 217 311 223 182 115 126 128 170 176 296 157 143 106 90 70 96 30 18 5 4 5 5 7 28 116 263 357 lB6 150 155 137 131 151 228 273 162 140 109 62 83 56 21 9 4 AM PkHr 07:00 to 08:00 (n=1365), AM PHF=0.95 PM PkHr 15:00 to 16:00 (n=1049), PM PHF=0.89 * Wed 05 Feb 2003 - Total=10881, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0600 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 27 16 22 14 51 234 821 1277 '2' 630 51. 52. 595 5" 645 1048 684 592 537 357 264 310 11' 76 9 3 . 0 6 28 147 292 246 192 154 140 167 143 133 230 lB6 144 153 92 61 81 31 30 9 9 6 2 3 9 47 198 3.7 245 160 lOB 131 164 150 135 240 lBl 171 121 .5 62 99 35 20 8 5 3 6 4 10 67 236 31. 231 137 130 112 120 174 173 277 134 138 139 81 67 74 23 9 8 4 4 6 7 26 92 240 300 207 141 126 145 144 121 204 301 183 139 124 99 74 56 29 17 3 AM PkHr 07:00 to 08:00 (n=1277), AM PHF=0.87 PM PkHr 15:00 to 16:00 (n=1048), PM PHF=0.87 _ * Thu 06 Feb 2003 - Total=11116, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 28 15 16 11 41 240 617 1285 975 695 566 522 ". 585 676 1101 659 635 509 325 313 305 130 7B 9 3 5 0 6 31 124 302 275 200 133 186 140 136 155 295 182 172 127 87 65 94 " 24 13 8 6 5 0 4 37 201 345 267 145 151 169 127 161 139 277 151 164 133 78 80 " 29 23 15 . 3 3 . 11 73 216 308 210 190 127 144 121 150 160 253 158 163 133 90 94 69 23 15 3 3 3 3 3 20' 99 276 330 223 160 155 123 100 138 222 276 168 137 116 70 74 52 35 16 4 AM PkHr 07:00 to 08:00 (n=1285), AM PHF=0.93 PM PkHr 15:00 to 16:00 (n=1101), PM PHF=0.93 * Fri 07 Feb 2003 - Total=5054(incomplete) , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 35 17 15 13 4B 218 729 1248 '37 655 570 569 13 4 2 2 4 22 112 285 274 205 171 146 15 6 4 4 10 40 176 346 258 150 149 159 3 4 . 1 13 62 203 315 219 140 134 122 4 3 1 6 21 94 238 302 186 160 116 142 r-rom: MartmA. t-'arlsn till:::1-:.:sI:::lU-èi4:¿1 10: .Justin Kasas EventCount-280 DATASETS: - Site: ChannelA: ChannelB: _ Survey Duration: File: Identifier: Algorithm: PROFILE: Filter time: Name: Method: Units: In profile: uale: L/ILILUU.:> lime: ¿.¿¿.uo rlVI I Cl!::/C....L.....'...."" EventCount-280 Page 1 Traffic Data Service Southwest Event Counts [315510] Olympic Parkway Brandywine to Heritage Road Eastbound 2 - East bound. - Added to totals. (1) 4 - West bound. - Excluded from totals. (0) 17:59 Man 03 Feb 2003 to 13:06 Fri 07 Feb 2003 Z:lmcdataILLG\200213151315131551 007FEB2003.ECO (Base) A645ZJ44 MC56-1 [MC55] (c)Microcom 07/06/99 Event count 20:00 Mon 03 Feb 2003 to 12:00 Fri 07 Feb 2003 Factory default profile Count axles divided by two. Non-Metric (ft, mi, fls, mph, Ib, ton) 42041 Events * Mon 03 Feb 2003 - Total=1185(incompJete) , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 - '36 387 24' 11. 121 90 76 37 27 124 112 75 23 18 82 90 50 36 12 - 109 95 43 22 11 * Tue 04 Feb 2003 - Total=12047, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 noo 2300 ,. 27 14 29 '2 137 913 1140 7'7 623 493 ,., '72 '44 '.0 792 91' 1105 919 ". '.0 390 "0 103 27 10 3 5 7 14 99 25. 239 182 128 119 107 116 141 197 220 255 259 191 151 95 85 40 32 18 3 5 , 9 13 169 203 151 155 113 "' 140 152 169 202 223 292 241 162 119 110 81 15 18 12 8 1 6 . 34 270 338 193 129 107 109 11. 136 ,.. 182 221 '" 211 163 121 101 40 2. 14 11 6 5 14 18 76 37' 340 16. 157 145 143 107 140 186 211 252 "2 208 152 89 84 54 20 7 AM PkHr 06:45 to 07:45 (n=1175), AM PHF=0.78 PM PkHr 17:15 to 18:15 (n=1109), PM PHF=D.94 * Wed 05 Feb 2003 - Total=11943, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 oeoo 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 71 22 17 32 59 153 956 1067 .36 541 512 ,.. .., ,., ... .04 968 1046 .37 '29 '37 397 199 105 32 · 4 1 7 17 107 250 237 133 127 120 125 108 136 ,.0 23. 218 "7 176 127 100 6' 34 20 18 9 2 11 9 36 169 215 168 118 97 118 120 123 176 197 205 270 247 16. 105 119 5. 19 14 14 · 8 6 20 29 294 30. 203 129 149 124 99 125 20' 218 265 2.. 216 IS' 107 94 43 26 14 7 1 3 14 23 71 3.' 314 228 161 139 126 120 130 182 20S 260 259 207 135 98 84 33 26 . AM PkHr 06:45 to 07:45 (n=1159), AM PHF=D.75 PM PkHr 17:15 to 18:15 (n=1095), PM PHF=O.95 __* Thu 06 Feb 2003 - Total=12142, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 56 3' 17 21 52 15. 919 1130 754 .., 491 554 513 '57 726 75. 917 1022 ." ,., 502 377 ". '5 20 12 . 2 6 23 102 271 210 163 120 135 117 96 157 186 219 252 2.' 20' 143 " 95 26 18 14 5 , 4 7 25 176 225 185 193 123 119 150 125 190 211 239 254 236 181 124 95 72 24 23· 14 5 3 3 19 33 2.0 320 166 142 109 152 133 109 191 170 227 272 208 158 126 " 56 25 15 . 12 2 12 20 77 35. 314 191 156 139 158 113 127 188 201 232 23' 236 136 109 99 45 20 19 AM PkHr 06:45 to 07:45 (n=1175), AM PHF=0.82 PM PkHr 17:15 to 18:15 (n=1056), PM PHF=0.92 * Fri 07 Feb 2003 - Total=4723(incomplete) , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1eoo 1900 2000 2100 2200 2300 75 33 14 " ,. 139 947 1057 .3. 554 '" '.5 18 · 5 6 7 20 100 267 231 127 109 117 23 9 3 3 17 24 192 216 191 123 116 10' 15 12 3 14 11 37 263 259 203 158 131 123 19 , 3 17 13 5. 392 315 214 146 134 141 ¡rom: Manm Pl.. I-'ansn 01 ~:.:S!;;IU-tl4LI 10: Justin Kasas EventCount-280 DATASETS: Site: ChannelA: ChannelB: Survey Duration: File: Identifier: Algorithm: PROFILE: Filter time: Name: Method: Units: In profile: Uate: :;¿Il :;¿I;¿UU:'-¡ ) Ime: ;¿:;¿;¿:Ut5 I-'M Page::' at 23 EventCount-280 Page 1 Traffic Data Service Southwest Event Counts [315511] Olympic Parkway Heritage Road to La Media Westbound 2 - East bound. - Excluded from totals. (0) 4 - West bound. - Added to totals. (1) 17:57 Man 03 Feb 2003 to 12:47 Fri 07 Feb 2003 Z:\mcdata\LLG\2002\315\315\315511 07FEB2003.ECO (Base) A5922K3W MC56-1 [MC55] (c)Microcom 07/06/99 Event count 20:00 Mon 03 Feb 2003 to 12:00 Fri 07 Feb 2003 Factory default profile Count axles divided by two. Non-Metric (ft, mi, f/s, mph, Ib, ton) 25888 Events · Mon 03 Feb 2003 . Total=499(incomplete) , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 - 192 191 " 37 35 68 29 8 3 " 52 17 17 10 51 " 21 6 1 58 29 12 6 3 · Tue 04 Feb 2003 - Total=7303, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 " 8 13 6 38 H7 519 968 601 '48 356 395 359 378 520 760 '"2 372 306 196 162 207 86 38 3 3 4 2 6 10 88 241 183 128 98 103 116 74 114 156 109 107 95 52 30 57 39 11 8 10 0 4 0 3 30 128 247 161 106 70 102 69 87 87 17. 106 88 79 49 41 49 19 18 5 1 2 1 1 9 36 127 232 139 123 92 91 95 129 154 209 92 79 79 57 46 62 15 5 2 3 3 4 3 20 71 176 24. 118 91 96 " 79 88 165 211 105 98 55 37 45 39 13 4 4 AM PkHr 07:00 to 08:00 (n=968), AM PHF=0.98 PM PkHr 15:00 to 16:0D (n=750), PM PHF=O.89 · Wed 05 Feb 2003 - Total=7276, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 14.00 1500 1600 1700 1800 1900 2000 2100 2200 2300 19 5 6 . 32 Hl 524 8.5 611 421 350 385 '04 41. 493 759 440 355 31. 200 173 201 67 43 8 0 2 0 4 19 89 198 157 133 103 106 126 107 " 164 109 90 90 47 39 66 20 12 4 5 1 1 1 5 3D 120 290 164 95 71 92 102 109 89 173 111 101 68 47 40 59 20 11 2 2 1 0 3 5 34 147 204 138 106 94 83 81 123 139 194 93 79 " 51 39 41 10 9 1 4 3 3 4 18 58 168 203 152 87 82 105 95 80 166 228 127 95 72 55 55 35 17 11 1 ~ PkHr 07:00 to 08:00 (n=895), AM PHF=O.77 PM PkHr 15:00 to 16:00 (n=759), PM PHF=0.83 .-: Thu 06 Feb 2003 - Total=7444, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 8 . 8 , 23 142 536 .14 6" 471 387 425 348 401 so. 757 407 415 301 109 207 196 85 " 4 0 3 0 4 14 83 221 197 123 " 134 95 96 109 216 93 99 79 60 45 76 31 15 10 2 2 2 0 2 26 135 240 158 113 100 113 86 118 96 171 92 115 79 50 50 49 22 13 10 1 1 2 4 4 45 124 23. 158 137 91 99 89 95 132 170 111 98 77 55 59 39 11 12 0 1 1 1 2 13 57 194 21' 132 " 108 79 78 92 172 200 111 103 66 34 53 32 21 10 1 !"M PkHr 07:00 to 08:00 (n=914), AM PHF=0.95 PM PkHr 15:00 to 16:00 (n=757), PM PHF::0.88 . Fri 07 Feb 2003 - Total=3366(incomplete) , 15 minute drops. 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 21 6 11 5 24 146 460 881 591 441 38' 396 10 3 3 0 5 18 79 221 177 145 128 106 10 1 1 2 5 28 103 228 155 97 101 96 0 1 5 1 5 41 127 216 136 95 91 89 1 1 2 2 9 59 151 216 123 104 64 105 t-rom: Martin A. !-"aflsn tll;:f-..j!::lU-ö"tLf 10: ..Jusnn rtasas EventCount-280 DATASETS: -- Site: ChannelA: ChannelB: _ Survey Duration: File: Identifier: Algorithm: PROFilE: Filter time: Name: Method: Units: In profile: ua{e: L.I I¿IL.UU,", lime. L..L.L..uo nVI ,ct!:!"'.,. UJ L-J EventCount-280 Page 1 Traffic Data Service Southwest Event Counts [315511] Olympic Parkway Heritage Road to la Media Eastbound 2 - East bound. - Added to totals. (1) 4 - West bound. . Excluded from totals. (0) 17:57 Mon 03 Feb 2003 to 12:47 Fri 07 Feb 2003 Z:lmcdataILLG\2002131513151315511 07FEB2003.ECO (Base) A5922K3W MC56-1 [MC55] (c)Microcom 07/06/99 Event count 20:00 Mon 03 Feb 2003 to 12:00 Fri 07 Feb 2003 Factory default profile Count axles divided by two. Non-Metric (ft, mi, f/s, mph, Ib, ton) 30271 Events * Mon 03 Feb 2003 - Total=774{incomplete) , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 2" 252 152 73 87 48 45 2~ 18 76 80 47 14 10 60 63 33 22 8 74 61 27 13 8 * Tue 04 Feb 2003 - Total=8591, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 .. 17 13 18 31 103 73. 872 55. '83 3.2 35. 338 388 .85 535 .25 7.0 '30 .38 310 267 153 '8 18 4 7 2 3 8 82 223 199 142 87 92 75 81 92 118 143 190 178 129 91 67 47 32 19 10 5 2 3 9 14 140 1.3 120 121 94 so " 114 127 145 153 177 162 106 78 75 42 11 16 8 4 1 4 5 19 215 240 113 114 69 70 86 90 132 136 160 197 161 108 85 65 33 11 11 8 4 3 9 14 62 2.. 266 127 106 112 114 78 103 134 136 169 1" 129 95 56 60 31 14 8 AM PkHr 06:45 to 07:45 {n=905}, AM PHF=O.76 PM PkHr 17:00 to 18:00 (n=760), PM PHF=0.96 * Wed 05 Feb 2003 - Total=8531, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 54 14 7 2' 39 128 769 831 647 410 .06 3" 343 366 501 533 63' 692 62. 421 261 251 137 " 19 3 2 1 4 14 79 210 192 118 96 90 90 86 104 111 147 129 184 110 82 48 45 28 10 16 9 0 7 6 16 139 152 118 84 61 87 91 95 126 145 145 176 163 128 61 so 41 10 16 11 2 4 6 15 39 207 208 148 93 122 " " 95 134 132 177 187 138 100 78 64 30 20 8 8 0 1 10 14 59 344 261 189 115 107 96 86 90 137 145 167 200 139 83 60 59 21 10 3 AM PkHrÐ6:45 to 07:45 (n=914), AM PHF=O.66 PM PkHr 17:15 to 18:15 (n=747), PM PHF=0.93 _* Thu 06 Feb 2003 - Total=8767, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 37 20 7 12 33 110 754 ." 56. 512 ". "2 '" 3" 50. 513 5" 736 '" 446 332 259 173 '1 10 3 3 1 4 16 88 ". 177 148 84 110 96 80 121 125 129 174 181 134 95 6. 58 14 11 16 6 2 1 4 16 146 146 124 139 91 93 10. 92 140 137 155 195 161 117 90 71 49 18 16 . 4 1 2 . 31 232 "5 135 104 83 119 108 86 131 121 139 1-99 140 112 82 60 39 13 8 3 7 1 . 16 " 288 252 133 121 106 120 94 86 117 130 169 168 162 63 65 59 27 16 14 AM PkHr 06:45 to 07:45 (n=928), AM PHF=O.81 PM PkHr 17:15 to 18:15 (n=743), PM PHF=O.93 * Fri 07 Feb 2003 - Total=3608(incomplete) , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 .. 20 , " 33 107 758 847 637 416 381 325 11 5 4 3 5 14 82 274 165 94 77 76 16 5 1 3 12 18 131 128 140 95 92 70 8 6 0 10 7 29 225 20' 158 117 111 78 14 4 1 13 9 46 320 241 17' 110 101 101 ¡--rom: Martin A. J-'ansn tS1!:1-;J!:1U-!::\4¿( 10; Justin Kasas EventCount-280 DATASëTS: Site: ChannelA: ChannelB: Survey Duration: File: Identifier: Algorithm: PROFILE: Filter time: Name: Method: Units: In profile: uate; LrJ¿¡LUU':; lime: L:LL:UO r-IVI õ<:lY'" I¿ UJ ¿'" EventCount-280 Page 1 Traffic Data Service Southwest Event Counts [31555] Telegraph Canyon Rd Btwn Paseo Ladera & Paseo Ranchero Eastbound 2 - East bound. - Added to totals. (1) 4 - West bound. - Excluded from totals. (0) 17:53 Man 03 Feb 2003 to 12:32 Fri 07 Feb 2003 ZlmcdataILLG\20021315131513155507FEB2003.ECO (Plus) A6483S3X MC56-1 [MC55] (c)Microcom 07/06/99 Event count 19:00 Mon 03 Feb 2003 to 10:00 Fri 07 Feb 2003 Factory default profile Count axles divided by two. Non-Metric (ft, mi, fls, mph, Ib, ton) 72782 Events · Mon 03 Feb 2003 - Total=3762(incomplete) , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 121.3 ... 834 .., 310 343 265 215 140 6B 72 308 259 197 136 74 45 307 227 224 111 90 35 255 193 198 74 78 37 · Tue 04 Feb 2003 - Total=20864, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 HOD 1200 1300 1400 1500 1600 17M 1800 1900 2000 2100 2200 2300 '" 100 61 82 8. 193 1058 1315 1087 '58 888 .80 .5. 1037 1300 (1450'(l594~1845 ·1703 1.310 918 840 542 290 72 27 16 12 22 23 10' 290 279 281 225 24' 270 250 282 -:f61 354 '08 ... 381 282 223 168 96 60 45 22 14 10 13 78 202 231 277 230 207 226 223 250 331 38' 392 "0 ... '" 255 242 173 65 5' " 23 15 24 26 41 320 391 271 223 206 242 230 251 374 361 410 517 785 286 232 200 117 63 48 37 28 16 36 28 90 427 398 260 2" 250 266 241 286 313 '" '38 480 '" 289 209 175 84 66 38 AM PkHr 07:30 to 08:30 (n=1351),AM PHF=Ð.85 PM PkHr 17:3Ðto 18:30 (n=1901), PM PHF=0.92 · Wed 05 Feb 2003 - Total=21665, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 200 112 " os 127 252 1118 1332 1180 93. "5 965 ." 1064 13000;15;0:1557("1893 1747 1335 1090 887 593 349 60 30 18 17 22 50 "' 320 309 258 199 231 240 268 279 3-44 369'-406 475 389 252 234 192 " 66 34 24 20 20 22 47 207 24. 276 201 222 213 261 267 367 "9 352 473 485 336 313 226 163 75 53 " 30 25 26 36 70 353 347 293 243 221 258 239 258 324 389 420 495 392 326 265 229 151 87 39 38 28 23 22 47 95 ... 421 300 232 253 26' 255 271 330 396 406 518 395 284 260 198 87 90 31 AM PkHr 06:30 10 07:30 (n=1361), ANI. PHF=O.77 PM PkHr 17:30 to 18:30 (n=1974), PM PHF=D.gS · Thu 06 Feb 2003 - Total=21245, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0600 0900 1000 1100 1200 1300 1400 1,500 160_0 17.PO 1600 1900 2000 2100 2200 2300 189 118 80 .. 96 225 1053 1409 1022 93' 856 963 971 1051 1272 .1452l~1633"-('¡a48\ 1122 1421 981 878 621 355 66 39 27 13 23 40 109 339 301 '41 20' 212 '47 263 276 166 -)79 "-6'6 "8 368 250 245 198 " 58 53 28 18 17 16 44 211 261 246 24' 197 220 243 233 333 365 395 422 507 406 268 230 182 91 55 39 23 22 25 27 50 310 402 229 234 210 216 226 260 327 358 420 50S 429 332 265 207 122 91 56 31 28 13 29 30 92 433 407 246 215 245 315 255 295 336 361 439 ... 358 315 198 196 119 79 43 AM PkHr 06:45 to 07:45 (n=1435), AM PHF=O.83 PM PkHr 17:30 to 18:30 (n=1895), PM PHF=0.93 · Fri 07 Feb 2003 - Total=5246(incomplete) , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 212 11' .. " " 214 1082 1254 110e 970 58 26 27 15 25 31 109 307 26' 251 55 29 29 19 17 30 206 243 271 214 56 26 27 31 22 59 313 332 283 239 43 38 13 31 31 " 454 372 290 266 rrom: Martin Pl.. t-'ansn öH:I-;j!::JU-ö4~{ 10: Justin Kasas EventCount-280 DATASETS: Site: ChannelA: ChannelB: Survey Duration: File: Identifier: Algorithm: PROFILE: Filter time: Name: Method: Units: In profile: uate: ;¿¡1 â;¿UU:5 lime: ¿;¿¿:ut> t-'IVJ r--age 1':>01":'-" EventCount-280 Page 1 Traffic Data Service Southwest Event Counts [31555] Telegraph Canyon Rd Btwn Paseo Ladera & Paseo Ranchero Westbound 2 - East bound. . Excluded from totals. (0) 4 - West bound. - Added to totals. (1) 17:53 Mon 03 Feb 2003 to 12:32 Fri 07 Feb 2003 Z:\mcdata\LLG\2002\315\315\3155507FEB2003. ECO (Plus) A6483S3X MC56-1 [MC55] (c)Microcom 07106/99 Event count 19:00 Mon 03 Feb 2003 to 10:00 Fri 07 Feb 2003 Factory default profile Count axles divided by two. Non-Metric (ft, mi, fls, mph, Ib, ton) 80854 Events · Mon 03 Feb 2003 - Total=2889(incomplete), 15 minute drops, 18"00 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1900 2000 2100 2200 2300 - 785 785 782 3.3 19. - 231 172 263 100 62 40 - 203 200 200 102 58 31 16' 202 183 77 42 17 182 211 136 64 32 15 * Tue 04 Feb 2003 ~ Total=22919, 15 minute drops, 0000 0100 0200 0300 0400 0500 ~o 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 103 " 53 " 226 7514 ~154~n974)..1.85ß' 1406 1222 1281 1180 11871401 1692 1365 1296 1212 78' 837 817 395 192 40 , 16 10 30 103 362 488 514 34' 306 364 312 272 294 429 367 317 334 221 209 216 120 51 23 31 14 15 10 43 171 422 551 467 411 322 325 329 322 284 395 368 321 313 216 190 242 108 62 27 17 11 12 14 60 24. 363 421 426 335 287 284 279 335 405 '" 306 307 317 178 176 229 " 51 15 15 12 10 23 93 276 396 514 '" 311 307 308 260 258 418 47' 324 351 248 169 262 130 78 28 18 AM PkHr 07:15 to 08:15 (n=2000), AM PHF=O.91 PM PkHr 15:00to 16:00 (n=1692), PM PHF=0,88 · Wed 05 Feb 2003 - Total=23674, 15 minute drops, 0000 0100 0200 0300 0400 0500 00 0700 0 o 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 83 " 55 " 231 802 601 92 183 1393 1210 1314 1384 1322 1432 1733 1360 1381 1323 87' 816 '42 350 1" 23 17 18 6 38 95 401 485 0 419 347 365 417 349 301 445 365 355 362 236 1'1 301 lOB 76 19 27 11 14 12 40 192 3" 524 468 345 301 335 365 373 309 441 373 370 348 220 202 265 100 47 22 15 7 11 20 57 235 377 453 '17 327 267 266 277 317 368 3" 304 300 327 208 195 206 78 38 19 18 10 12 31 96 280 435 ... 459 302 295 328 325 283 454 ". 318 356 286 215 228 170 66 28 26 AM PkHr07:15to 08:15 (n=1931), AM PHF=0.92 PM PkHr 15:00 to 16:00 (n=1733), PM PHF=0.95 -.' Thu 06 Feb 2003 - Total=23507, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 .6 56 50 " 225 834 llS84)a,924\'1863) 1448 1236 1346 1200 1228 1400 1739 B93 1315 1261 905 877 852 422 196 l' 14 19 13 32 103 401 477 516 365 320 400 30' 267 283 41. 366 326 303 250 205 257 "' 49 19 22 16 17 13 " 175 39' 522 457 ", 285 316 323 366 315 ." 378 343 321 229 233 248 108 57 23 19 17 . 19 65 236 364 416 471 326 297 305 278 332 330 405 31' 327 331 210 201 171 113 47 27 26 , 6 22 " 320 420 509 419 341 334 325 290 263 472 472 330 319 306 216 238 176 87 43 19 AM PkHr 07:15 to 08:15 (n=1963),AM PHF=0.94 PM PkHr 14:45 to 15:45 (n=1739), PM PHF=0.92 · Frl 07 Feb 2003 - Total=7865(incomplete) , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 8' .. 55 66 210 698 1548 1874 1709 1571 19 11 14 10 26 101 381 473 470 524 23 11 16 19 43 128 355 ." 445 346 27 11 11 19 63 196 387 443 375 321 19 13 14 18 78 271 425 470 419 380 ,rom: Martin 1'1.. t-'arlsn IYI ~:h.j::lU-tl4.¿r 10: .Jusrln t<asas EventCount-280 DATASETS: Site: ChannelA: ChannelB: Survey Duration: File: Identifier: Algorithm: PROFilE: Filter time: Name: Method: Units: In profile: uare: LnLILUU.j lime: L:LL:UO t-'IVI ray"" I.,. WI'::''':' EventCaunt-2BD Page 1 Traffic Data Service Southwest Event Counts [31556] Telegraph Canyon Rd Btwn Medical Center Drive & Paseo ladera Eastbound 2 - East bound. - Added to totals. (1) 4 - West bound. - Excluded from totals. (0) 17:45 Man 03 Feb 2003 to 12:17 Fri 07 Feb 2003 Z:\mcdata\LLG\2002\315\315\3155607FEB2003. ECO (Base) A56374S4 MC56-1 [MC55] (c}Microcom 07/06/99 Event count 19:00 Mon 03 Feb 2003 to 10:00 Fri 07 Feb 2003 Factory default profile Count axles divided by two. Non-Metric (ft, mi, lIs, mph, Ib, ton) 89471 Events * Mon 03 Feb 2003 - Total=4655(incomplete) , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 - 1.498 1.Ui7 '" 5" 407 .04 325 259 179 105 81 '28 322 233 174 101 55 347 274 269 '" 104 47 319 246 228 " " " * Tue 04 Feb 2003 - Total=25721, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0600 0900 1000 1100 1200 1300 1400 1500 1600 1}00 1800 1900 2000 2100 2200 2300 227 12' 79 91 116 244 1.291. 1527 1342 1219 1.168 1281 1296 1330 1.609,1.781'\.,1.943,;:2159 20Ui 1.588 1.227 1020 670 36' 81 '5 24 17 21 30 131 3'6 329 347 28' 319 335 332 374 436 "9 508 508 ". 351 267 '" 116 76 55 27 19 17 20 52 278 301 362 29' 272 316 317 322 37' '" 512 555 523 '" 2" 289 186 83 70 47 23 20 21 33 60 397 396 322 289 281 307 323 338 422 42' '" 534 '" 356 297 255 153 81 56 " 33 16 36 42 102 485 '34 329 289 327 339 321 338 435 420 511 562 502 330 281 209 134 89 53 AM PkHr 06:30 to 07:30 (0=1579), AM PHF=O.81 PM PkHr 17:00 to 18:00 (0=2159), PM PHF=0.96 * Wed 05 Feb 2003 - Total=26471, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 160.0 1700 1600 1900 2000 2100 2200 2300 255 122 " ,. 140 314 1305 1557 1443 1203 1171 1230 1316 1391 1581 ,1947'-:1887,;"2214 1966 1701 1309 1117 6.. .29 76 32 22 20 27 57 150 370 371 307 265 2" 291 331 36' 4" '71 '" 53' '" 327 304 220 126 73 70 28 22 24 23 61 257 341 352 259 2" 279 344 341 404 519 451 571 525 475 334 296 181 87 76 56 32 21 27 35 84 422 369 337 321 290 326 345 326 411 '" 476 56. 470 39' 341 273 158 11' 56 53 30 25 27 55 112 476 '69 363 316 317 331 336 391 402 '" '" 585 432 351 307 2" 126 102 43 AM PkHr06:30to 07:30 (n=1617), AM PHF=D.85 PM PkHr 17:15 to 18:15 (n=2264). PM PHF=0.97 __ * Thu 06 Feb 2003 - Total=26219, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 17QO 1800 1900 2000 2100 2200 2300 24. 136 91 " 124 276 1348 1566 1346 1237 1147 1198 1285 1335 1629U798f1991J::216412036 1694 1197 1061 769 449 73 45 33 16 Z3 52 162 377 390 297 266 265 315 311 407 '55 478 519 500 '63 328 260 247 129 73 76 32 15 22 24 57 243 33' 299 305 267 286 330 304 372 '66 497 551 593 '67 295 314 218 11' 86 56 30 28 24 37 67 44. '18 325 322 316 310 321 347 m 404 ,as 545 "5 366 307 245 154 103 64 43 29 15 32 '0 100 49. 432 332 313 298 337 319 373 417 473 531 549 45. 378 267 242 150 103 49 AM PkHr06:30 to 07:30 (n=1659), AM PHF=0.83 PM PkHr 17:30 to 18:30 (n=2187), PM PHF=O.92 * Fr; 07 Feb 2003 - Total=6404(incomplete) , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1600 1900 2000 2100 2200 2300 272 153 117 111 116 270 1283 1496 1398 1188 73 36 37 20 30 44 139 374 327 290 86 35 31 24 23 40 258 325 355 260 64 30 30 33 24 73 379 411 355 292 49 50 19 34 39 113 507 386 361 326 rrom: Martin A. r'anst1 t51!:1-::S!:HJ-tl4:L1 10: Justin Kasas uate: L/1 ä:¿UU;j lime: L¿L:Ub I-'IV! r-age I::J or L..:J EventCount-280 DATASETS: Site: ChannelA: ChannelB: Survey Duration: File: Identifier: Algorithm: PROFILE: Filter time: Name: Method: Units: In profile: EventCount-280 Page 1 Traffic Data Service Southwest Event Counts 'J I ~ [31556] Telegraph Canyon Rd Btwn Medical Center Drive & Paseo Ladera Westbound 2 - East bound. - Excluded from totals. (0) 4 - West bound. - Added to totals. (1) 17:45 Man 03 Feb 2003 to 12:17 Fri 07 Feb 2003 Z:\mcdata\LLG\2002\315\315\3155607FEB2003. ECO (Base) A56374S4 MC56-1 [MC55] (c)Microcom 07/06/99 Event count 19:00 Mon 03 Feb 2003 to 10:00 Fri 07 Feb 2003 Factory default profile Count axles divided by two. Non-Metric (It, mi, fls, mph, Ib, ton) 96190 Events · Mon 03 Feb 2003 - Total=3537(incomplete) , 15 minute drops. 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 "4 951 ..8 4" 284 - 263 242 273 135 70 47 - 265 229 223 121 81 41 - 233 229 205 100 76 20 223 251 157 104 57 19 · Tue 04 Feb 2003 - Total=27472, 15 minute drops, 0000 0100 0200 0300 0400 0500 OJ;.Q.O OLQO 080,0 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 127 '4 50 7. Z04 946 (186f¡(21{i4.}.¡:137) 1652 1501 H08 1509 1472 1665 2018 1713 1605 1449 ..8 '30 ". "4 308 47 14 10 13 36 121 419 533 578 387 399 450 381 342 350 466 467 382 372 304 229 247 136 76 44 41 19 23 19 55 191 489 593 523 481 367 399 401 382 376 453 433 407 389 264 234 237 128 100 35 20 10 12 19 67 293 476 4" 530 395 364 373 3.4 396 439 550 384 394 364 217 196 227 104 77 23 19 22 14 30 106 341 477 555 506 399 372 386 343 352 SOO 54. 429 422 324 213 271 158 106 55 19 AM PkHr 07:15 to 08:15 (n=2209), AM PHF=0.9J PM PkHr 15:15 to 16:15 (n=2019), PM PHF=0.92 · Wed 05 Feb 2003 - Total=27989, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 16001700 1800 1900 2000 2100 2200 2300 121 51 62 85 277 929 \J.8..2..:1.~.l,~)(;!:04.1J 1643 1508 1598 1682 1615 1675 2048 1683 1701 1518 1080 .57 .76 435 298 44 21 15 . 46 105 438 517 511 500 404 438 501 398 362 4" 426 409 399 280 230 299 130 84 34 35 19 21 16 51 208 485 510 504 381 392 393 435 464 387 531 441 449 412 278 247 278 125 87 37 23 11 9 27 66 292 435 SO. 527 384 339 381 354 404 403 507 411 415 372 262 244 206 97 67 25 19 11 17 34 114 324 469 523 499 378 373 386 392 349 523 531 405 428 336 260 246 193 63 60 33 AM PkHr 07:00 to 08:00 (n=21S9), AM PHF=(I.88 PM PkHr 15:00 to 16:00 (n=2048), PM PHF=0.9ij _. Thu 06 Feb 2003 - Total=28111, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 16001700 1800 1900 2000 2100 2200 2300 129 71 5' ,. 280 970 ~1863"X212QJt2097) 1720 1534 1644 1531 1528 1661 2134 1714 1624 1489 1128 955 917 532 322 34 15 20 11 41 119 442 523 554 431 409 473 395 334 367 501 445 404 384 326 219 272 148 82 37 37 25 14 17 52 206 485 578 512 489 367 390 391 425 375 533 456 415 384 300 259 273 140 95 36 25 20 12 23 BO 286 441 478 ..4 406 369 369 371 429 399 507 417 374 382 238 240 186 132 84 41 33 11 13 28 107 359 495 541 477 369 389 392 374 340 520 593 396 431 339 264 247 186 112 61 26 AM PkHr 07:45 to 08:45 (n=2161),AM PHF=0.98 PM PkHr 15:00 to 16:00 (n=2134), PM PHF=0.90 · Fr; 07 Feb 2003 - Total=9080(incomplete) , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 140 " " 83 ". 824 1797 2051 1999 1807 37 14 8 14 36 116 435 495 555 582 36 13 25 18 51 159 441 559 472 403 41 17 15 30 69 233 423 539 482 398 26 21 17 21 93 316 498 458 490 424 From: Martin A. Parish 519-39U-1::\42/ ] 0: Justin Kasas EventCount-280 DATASETS: -Site: ChannelA: ChannelB: _ Survey Duration: File: Identifier: Algorithm: PROFILE: Filter time: Name: Method: Units: In profile: uate: ¿;1 :¿fLUU::S I ¡me: ¿LL:Uö !-'IVI "'age ,0 aT L';) EventCount-280 Page 1 Traffic Data Service Southwest Event Counts -, ,) [31557] Telegraph Canyon Rd Btwn Paseo Del Rey & Oleander 2 - East bound. - Added to totals. (1) 4 - West bound. - Excluded Irom totals. (0) 17:43 Mon 03 Feb 2003 to 12:06 Fri 07 Feb 2003 Z:\mcdata\LLG\2002\315\315\3155707FEB2003.ECO (Plus) 1368R4EQ MC56-6 [MC55] (c)Mlcrocom 02103/01 Event count Eastbound 19:00 Mon 03 Feb 2003 to 10:00 Fri 07 Feb 2003 Factory delault profile Count axles divided by two. Non-Metric (ft, mi, I/s, mph, Ib, ton) 90891 Events * Mon 03 Feb 2003 - Total=4693{incomplete) , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0600 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 - HOl 1185 ,n 617 3" - '" 329 260 195 97 85 392 312 230 182 100 55 347 287 279 142 111 '6 334 257 223 9B 90 44 * Tue 04 Feb 2003 - Total=26074, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0600 0900 1000 1100 1200 1300 1400 1500 1600 17PO 1600 1900 20002100 2200 2300 230 135 83 91 131 263 1313 1555 1381 1257 1167 1274 1315 1341 1597 Clì97;'l973';'217'ii" 2083 1625 11B2 1033 695 374 85 51 25 19 25 31 132 384 356 348 293 326 332 335 366 45,0 472 517 532 470 317 271 203 117 72 55 29 22 18 23 61 284 310 355 302 271 307 346 312 380 '" '84 530 537 445 296 297 139 91 69 '6 24 22 19 34 58 413 '00 352 292 2" 312 300 353 420 448 502 556 511 362 285 257 159 eo 67 44 31 14 35 " 113 484 '61 318 315 319 329 337 341 431 '10 515 576 503 348 284 208 140 86 54 AM PkHr 06:30 to 07:30 (n=1591), AM PHF=D.82 PM PkHr 17:30 to 18:30 (n=2201), PM PHF=0.96 * Wed 05 Feb 2003 - Total=26922, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1.500 1600 17.0.0 1800 1900 2000 2100 2200 2300 262 123 91 104 149 345 1355 1593 1522 1233 1225 1249 1296 1412 1605(1925T1918Y221~ 2019 1710 1308 1127 702 434 72 37 24 20 30 63 154 366 385 308 275 306 304 333 376 ·'462 '" 486 579 487 330 303 219 127 79 69 26 22 27 28 6' 273 347 356 282 303 293 346 359 414 495 452 559 529 '79 325 289 190 99 81 67 34 20 29 34 90 430 397 379 314 315 325 303 350 397 482 505 574 475 389 345 279 162 103 56 54 26 25 28 57 123 4'8 483 402 329 332 325 343 370 '18 486 477 596 436 355 308 256 131 105 48 AM PkHr 06:30 to 07:30 (n=1641), AM PHF=O.82 PM PkHr 17:15 to 18:15 (n=23D8), PM PHF=O.97 _* Thu 06 Feb 2003 - Total=26575, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 264 136 as .. 128 30B 1369 1633 1369 1290 1172 1214 1277 1364 1596 (L80w.:.l.97g:1~191: 2089 1668 1208 1092 782 457 79 43 25 16 23 61 157 392 395 328 269 266 307 345 408 46' '82 518 527 456 331 278 250 132 77 81 33 18 22 27 58 285 353 301 316 270 288 333 300 362 451 48' 536 594 '65 300 30B 219 117 91 56 29 26 23 41 75 422 442 346 332 327 330 305 361 415 416 "8 570 466 378 312 256 165 98 60 " 31 16 35 37 11' 505 446 327 314 306 330 332 358 '11 477 510 567 502 369 265 250 148 110 49 "-M PkHr 06:45 to 07:45 (n=1692), AM PHF=O.84 PM PkHr 17:30 to 18:30 (n=2258), PM PHF=O.95 * Fri 07 Feb 2003 - Total=6627(incomplete) , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 277 161 125 121 120 292 1303 1540 1454 1234 77 40 37 23 28 49 139 395 373 317 91 38 34 23 26 45 273 314 348 284 60 31 32 34 24 76 394 421 374 311 49 52 22 41 42 122 497 410 359 322 Uate: L/1 ;U;¿UU::S lime: :¿¿;¿:UO I-'M ¡-,age "II OT L.:} r-rom: Martin A. I-'ansh 01 ~::S!:lU-/; 4;¿f 10: Justm Kasas EventCount-280 DATASETS: Site: ChannelA: ChannelB: - Survey Duration: File: Identifier: Algorithm: PROFILE: Filter time: _ Name: Method: Units: In profile: EventCount-280 Page 1 Traffic Data Service Southwest Event Counts j [31557] Telegraph Canyon Rd Btwn Paseo Del Rey & Oleander Westbound 2 - East bound. - Excluded from totals. (0) 4 - West bound. - Added to totals. (1) 17:43 Man 03 Feb 2003 to 12:06 Fri 07 Feb 2003 Z:\mcdata\LLG\2002\315\315\3155707FEB2003. ECO (Plus) 1368R4EQ MC56-6 [MC55] (c)Microcom 02/03/01 Event count 19:00 Mon 03 Feb 2003 to 10:00 Fri 07 Feb 2003 Factory default profile Count axles divided by two. Non-Metric (ft, mi, fls, mph, Ib, ton) 99017 Events · Mon 03 Feb 2003 - Total=3721 (incomplete) , 15 minute drops, 0000 0100 0200 0300 0400 o~oo 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 lS00 1900 2000 2100 2200 2300 - ~037 '" go, 479 n, 273 255 263 149 86 46 - 286 241 232 117 90 47 - 247 211 218 112 86 23 231 273 173 101 57 20 · Tue 04 Feb 2003 - Total=28136, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 136 65 75 18 273 977<.19¡;3 i1i()('2~i3',~670 1498 1641 1572 15416 1683 2025 nSl1641 1552 1062 951 890 510 320 46 16 18 14 39 129 442 .529 588 404 401 446 387 380 369 4" 490 384 385 329 229 263 162 79 53 47 16 26 16 54 187 520 365 533 471 368 400 426 380 377 454 445 434 432 268 250 246 126 96 38 23 9 15 17 67 296 507 496 500 399 356 386 396 420 459 537 388 406 390 241 205 230 120 79 31 20 24 16 31 113 365 4" 524 502 396 373 409 363 366 418 538 458 417 345 224 267 151 102 66 25 AM PkHr 07:15 to 08:15 (n=2173),AM PHF=0.92 PM PkHr 15:00 to 16:00 (n=2025), PM PHF=0.94 · Wed 05 Feb 2003 - Total=29006, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 08QO 0900 1000 1100 1200 1300 1400 1500 16001700 1800 1900 2000 2100 2200 2300 147 " '4 " 287 971 (1881'~153 (2Ö5~ 1697 ~501 H39 n08 1640 1688 2163 1790 1793 ~603 1156 1089 1025 483 318 53 23 12 9 44 " '38 525 527 523 405 435 478 402 371 542 492 430 424 '99 250 295 146 89 " 38 21 25 19 56 215 465 574 519 391 384 413 469 457 396 537 436 504 434 299 283 294 142 97 40 31 11 12 Z5 64 298 476 525 531 391 345 381 362 417 401 521 44B 426 382 272 264 225 101 71 25 25 11 15 37 123 360 462 529 477 392 367 410 399 364 520 563 414 433 363 286 292 211 94 61 36 AM PkHr07:15 to 08:15 (n=2155), AM PHF=O.94 PM PkHr 15:00 to 16:00 (n=2163), PM PHF=D.96 --. Thu 06 Feb 2003 - Total=28946, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 16001700 1800 1900 2000 2100 2200 2300 135 " " a1 285 1010 rl909 <2134 .2125 1723 1531 1667 1585 1560 1683 2120 1801 1674 1568 1256 1044 '" 587 339 34 20 21 11 42 121 465 535 5-55 447 419 469 403 359 396 491 476 401 402 338 249 295 165 90 37 40 25 16 17 50 208 489 559 523 468 360 400 428 427 374 5" 475 464 391 315 287 292 165 98 45 25 20 15 24 B2 295 444 489 561 424 384 376 369 416 398 ." 430 386 386 268 254 200 143 91 38 36 14 14 29 111 386 511 551 486 384 368 422 385 358 515 573 420 423 389 335 254 197 114 60 30 AM PkHr 07:45 to 08:45 (n=219D), AM PHF=D.98 PM PkHr 15:00 to 16:00 (n=2120), F'M PHF=0.92 · Fri 07 Feb 2003 - Total=9207(incomplete) . 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 150 73 70 84 2'2 850 1845 2088 1977 1808 37 16 9 18 41 112 425 524 537 573 45 18 27 18 51 165 490 539 500 406 38 17 17 29 74 242 445 543 489 403 30 22 17 19 96 331 485 462 451 426 ¡-rom: IVlan:1n A. I-'ansn Dli::h.j!::lU-tl4L{ 10: ,Justin rtasas - EventCount-280 DATASETS: -Site: ChannelA: ChannelB: _ Survey Duration: File: Identifier: Algorithm: PROFILE: Filter time: Name: Method: Units: In profile: ua{e: L.J ILILUU.,) IlIrl~. L_¿¿.UO r-IVI , Q~'" 'v VI L.-' EventCount-280 Page 1 Traffic Data Service Southwest Event Cou nts , ! L-j , [31558E] Telegraph Canyon Rd Btwn Crest Drive & Halecrest 2 - East bDund. - Added tD tDtals. (1) o - Unused Dr unknDwn. - Excluded from tDtals. (0) 17:38 MDn 03 Feb 2003 tD 11 :54 Fri 07 Feb 2003 Z:\mcdata\LLG\2002\315\315\31558E07FEB2003. ECO (Base) A5590GBV MC56-1 [MC55] (c)MicrocDm 07/06/99 Event CDunt Eastbound 19:00 Men 03 Feb 2003 to 10:00 Fri 07 Feb 2003 Factory default profile CDunt axles divided by twD. NDn-Metric (ft, mi, f/s, mph, Ib, tDn) 100716 Events · Mon 03 Feb 2003 - Total=5094(incomplete) , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 1630 1279 1077 675 .33 - .57 360 292 208 106 94 - 459 347 264 193 123 60 - 377 301 277 160 105 53 - 337 271 244 114 99 52 · Tue 04 Feb 2003 - Total=28925, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 20002100 2200 2300 259 13' 9Z " 144 283 1382 1673 1583 1376 1355 14.56 1544 1529 1918 (2042)2240[ 2356', 2227 1748 1314 1114 738 .18 94 " 26 20 30 33 153 398 391 362 326 363 391 341 388 522 509 574 59. 532 336 27. 223 127 79 60 36 24 22 29 59 302 343 .18 335 317 356 382 391 457 521 574 564 5" 474 338 325 207 102 64 53 27 23 10 35 75 442 .02 386 335 313 344 376 390 463 524 SSO .37 547 391 331 276 165 93 69 52 30 19 36 50 116 465 530 38. 344 397 393 395 407 490 475 577 581 513 351 309 239 143 96 60 AM PkHr01:30 to 08:30 (n=1141), AM PHF=0.82 PM PkHr 11:30 to 18:30 (n=2385), PM PHF=0.94 · Wed 05 Feb 2003 - Total=29933, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 OBOO 0900 1000 1100 1200 1300 1400 1$00 1600 1700 1BOO 1900 2000 2100 2200 2300 292 13. 100 11. 158 376 1381 1716 1679 1333 1376 14.84 1512 1610 1885(2219: 22111.2456" 2H6 lese 1380 1251 752 455 79 45 27 '22 35 65 163 386 .,7 319 308 367 362 387 44. 528 551 588 581 511 371 350 224 128 81 64 31 27 30 29 77 305 372 413 333 349 359 384 416 .42 581 529 50. 575 526 339 307 207 106 88 69 39 21 30 32 97 417 '32 399 335 336 363 376 377 485 554 549 ". 534 440 352 310 173 113 65 60 24 25 32 62 137 496 52. 440 346 383 395 390 430 510 556 582 '" 506 381 318 284 148 10. 49 AM PkHr 07:30 to 08:30 (n=1798). AM PHF=0.85 PM PkHr 11:00 to 18:00 (0=2456), PM PHF=0.95 __. Thu 06 Feb 2003 - Total=29574, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 l]ß~ 1800 1900 2000 2100 2200 2300 2B3 ,.7 ., 111 140 329 1417 1717 1562 1413 1284 1403 1528 1539 1e21{213S'l2331\' 245E!' 224e 1796 1312 1183 83' .87 81 43 29 19 24 64 179 389 .57 345 307 324 373 348 455 533 542 607 57' 50' 360 297 266 14. 87 " 35 20 20 27 63 297 397 352 348 298 336 3" 366 417 543 614 587 "3 510 326 330 238 126 93 65 33 28 28 46 62 440 .47 386 348 351 374 374 406 485 512 582 '33 514 403 337 294 170 102 71 49 36 19 44 43 120 501 48' 367 372 328 369 393 419 464 547 593 ". 533 37' 289 262 162 115 61 ~M PkHr01:15 to 08:15 (n=1785). AM PHF=0.92 PM PkHr 11:30 to 18:30 (n=2463), PM PHF=0.97 · Fri 07 Feb 2003 - Total=7189(incomplete) ,15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1BOO 1900 2000 2100 2200 2300 312 180 131 125 12. 321 1354 1609 1623 1405 87 48 35 22 26 50 164 385 417 343 93 38 39 29 29 50 270 334 394 344 71 35 35 31 30 87 418 437 404 369 61 59 22 43 44 134 502 453 408 349 rrom: ManlnA.l-'anSn t:il!;1-.j!;lU-¡j4:¿( 10: .Jusrln Kasas EventCount-280 DATASETS: Site: ChannelA: ChannelB: - Survey Duration: File: Identifier: Algorithm: PROFILE: Filter time: _ Name: Method: Units: In profile: uare: ¿J I¿JLUU..:I lime. L:LL:UO r-IVI I"""'!; C 'v UI L"'> EventCount-280 Page 1 Traffic Data Service Southwest Event Counts ¡J I [31558W] Telegraph Canyon Rd Btwn Crest Drive & Halecrest 4 - West bound. - Added to totals. (1) o - Unused or unknown. - Excluded trom totals. (0) 17:40 Mon 03 Feb 2003 to 11:47 Fri 07 Feb 2003 Z:\mcdata\LLG\2002\315\315\31558W07FEB2003. ECO (Base) A558SE5V MC56-1 [MC55] (c)Microcom 07/06/99 Event count Westbound 19:00 Man 03 Feb 2003 to 10:00 Fri 07 Feb 2003 Factory default profile Count axles divided by two. Non-Metric (ft, mi, tis, mph, Ib, ton) 108631 Events · Mon 03 Feb 2003 - Total=4042(incomplete) , 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 19002000 2100 2200 2300 1127 1102 '" ". 3.2 307 278 301 165 96 43 - 266 284 248 127 86 55 - 268 234 229 104 90 26 266 306 189 108 70 19 · Tue 04 Feb 2003 - Total=30884, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 143 " 81 91 287 1071 17:10!r!\230aY.2,228J 1912 1653 1831 1798 J.787 1847 2217 1979 1828 1673 1138 1005 '" 533 33. .3 18 22 16 38 142 485 5'76 566 48. 427 .64 460 446 425 '" 540 .52 '0' 320 243 263 156 82 5' 55 17 29 22 60 194 536 573 574 462 412 '72 '58 .08 463 53' 50' ." 47. 293 25' 248 148 103 46 26 11 14 18 75 311 551 5.' 553 527 392 448 445 505 472 570 461 .38 .08 279 226 263 121 81 33 19 23 16 35 11. 42. 537 57. 535 43' 422 "7 435 .26 487 552 '6' 456 382 246 277 168 108 68 27 _AM PkHr 07:00 to 08:00 (n=2308), AM PHF=0.98 PM PkHr 15:00to 16:00 (n=2217), PM PHF=0.97 · Wed 05 Feb 2003 - Total=31638, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 20002100 2200 2300 160 " 71 ,. 308 1087 (2105)~273-:l'2233_> 1840 J.683 1741 1962 1793 1922 2221 1965 2026 1758 1257 1130 1090 ." 3" 5. 23 12 8 43 116 471 562 556 532 435 ." 537 435 449 567 544 ." 46. 35. 256 283 160 " " 46 27 27 17 56 236 533 565 536 .62 '13 .59 527 ." 475 541 532 558 463 308 313 300 136 105 " 33 13 12 30 77 328 559 59. 570 '06 '28 .35 ". '56 442 59' .68 469 420 302 273 286 11. 73 30 27 16 20 39 132 .05 542 556 571 440 .07 .,3 ." ". "6 514 421 505 '11 293 286 221 86 68 43 AM PkHr 07:00 to 08:00 (n=2273), AM PHF=0.96 PM PkHr 14:45 to 15:45 (n:::2263), PM PHF=O.94 .J Thu 06 Feb 2003 - Total=31860, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 155 74 74 .. 320 1126 í214þ "30Vc2259! 1940 1727 1850 17951 1788 1910 2237 1985 1894 1700 1378 1114 1005 621 37' ., 20 22 15 .5 126 517 557 565 527 477 50. 471 .24 '50 565 555 .51 447 390 248 293 184 101 3. " 23 19 19 63 23. 568 5.' 558 46' .09 506 466 .22 '57 56. 553 521 438 321 306 301 164 106 55 30 22 15 28 93 335 504 601 559 '58 417 '05 .0. 465 437 517 468 443 411 293 278 211 ,., 96 39 .3 9 18 26 119 '31 551 555 577 466 42. 435 452 457 566 575 '0' .79 404 374 282 200 132 71 .0 ~ PkHr07:15to 08:15 (n=2310), AM PHF=0.96 PM PkHr 15:00 to 16:00 (n=2237), PM PHF=0.96 · Fri 07 Feb 2003 - Total=10206(incomplete), 15 minute drops, __ 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 166 " " 94 278 961 2054 2247 2200 2040 " 23 12 16 " 122 .68 551 562 576 55 17 29 21 53 186 561 578 518 .93 39 21 22 24 " 281 471 5'5 571 .5. 40 21 19 31 102 372 55. 523 549 517 LINSCOTT LAW & GREENSPAN ENGINEERS APPENDIX B Traffic Monitoring Program Data Eastern Territories Traffic Capacity Analysis City of Chula Vista 3-02-1244 TMP data provided by City of Chula Vista engineering staff E H Street E H Street Westbound Westbound 6-7 AM 7-8 AM 8-9 AM 6-7 AM 7-8 AM 8-9 AM 11/14/02 34.5 27.5 30 2/4/03 33.8 28.7 27.8 11/19/02 45.5 34 33.3 2/5/03 36.2 26.3 29.8 11/20/02 39.4 33.1 28.5 2/6/03 32 32.3 31.2 11/21/02 12/3/02 31.6 31.4 26.7 Eastbound 12/4/02 38.6 30.8 31.9 3-4 PM 4-5 PM 5-6 PM 12/5/02 34.1 30.2 29.8 2/4/03 31.4 35.4 30.5 12/10/02 35.3 32.3 35.3 2/5/03 Eastbound 2/6/03 36 32.5 30.5 3-4 PM 4-5 PM 5-6 PM 11/14/02 29.8 32.3 28.7 Telegraph Canyon Road 11/19/02 38.6 35.9 32.9 Westbound 11/20/02 28.4 30.4 30.3 6-7 AM 7-8 AM 8-9 AM 11/21/02 2/4/03 30 33.6 30.9 12/3/02 33.8 28.5 33.5 2/5103 41.9 32.8 33.9 12/4/02 30.7 31.7 30.7 2/6103 33.9 26.6 24.7 12/5/02 28.5 28.7 30.8 12/10/02 30.9 37.9 33.3 Eastbou nd 3-4 PM 4-5 PM 5-6 PM 2/4103 31.1 31.4 29.8 Telegraph Canyon Road 2/5/03 30.4 33.1 27.3 Westbound 2/6/03 30 28 27.3 I 6-7 AM 7-8 AM 8-9 AM 11/14/02 36.9 32.4 33 11/19/02 41.4 33.5 32.4 11/20/02 36.9 32.4 28.8 11/21/02 12/3/02 33.1 34.3 28.5 12/4/02 38.9 35.6 33.3 12/5/02 35.9 35.4 29.1 12/10/02 Eastbound 3-4 PM 4-5 PM 5-6 PM 11/14/02 27.4 30.1 31.3 11/19/02 38.6 38 37.9 11/20/02 30.9 30.7 30.7 11/21/02 12/3102 36.7 36.2 41.2 12/4/02 31.6 33.8 35.2 12/5/02 29.5 27.4 28.3 12/10102 33.3 31.1 26.6 LINSCOTT LAW & GREENSPAN ENGINEERS APPENDIX C Linear Regression Plots Eastern Territories Traffic Capacity Analysis City of Chula Vista 3-02-1244 East H Street WB in the AM 45 . . . I . 35 . a.. . . :2: . . . . . . . . . Y = 50.6585 . 1 .02 E-02X .. R~Squared = 0.398 . . . 25 . ;}7 ÞA-ìr] rD ".Jïs 1300 1400 1500 1600 1700 1800 1900 2000 2100 HrVol t1 p ¡-J - - ço. 7 - 0, 0102 Jo J ~DS /,1 rr i? f7 c. þ .-- r , ¿~ç > 7'Ç'¡ .....- "?i7 1:....4 0 ~! .c. ¿Z <:::.. 15 l' ([ t·' ..-- ~- --- \/0 ¿ u t1 i- II Çt(D ~ ;230 ;2,PID 31300 370D _, v' I East H Street EB in the PM 40 . . 35 0 0 I 0 . a.. . 2: 0 . . . . 0 30 0 0 0 0 0 0 ·0 25 o Y = 41.3222 - 4.35E-03X R-Squared = 0.027 1900 2000 2100 HrVol 2200 2300 M P If =- 4 I. '3 - 0, 0 04:; ç VD / L-OS It 15 C Ò - t= IV/Prf ¿5r- 22'6 ::: 22- 217 LI:5 Vo¿v~ eZ.. I J tj {v ;,0[.0 t.f tj fo ~Ç10 b/;;ID 45 . . . -- I . a.. 35 :2: . . 25 Telegraph Cny Rd WB in the AM ~ . . . . y = 72.2515· 1.Q7E·02X -.. R.SquoiIred = 0.317 . . 1800 1900 2000 2100 HrVol H PH ~ 72. '5 - o. O( c¡ 7 v'o / ¡.os A -g; c. b - t:.. Mfl-J >'5S 2-2B :2=22 2./7 .(.)5 V6L vr1,£ / B90 2, 2 ço 2, ;; ço 2; 810 3. 010 / - i CONTeo!- ~ Telegraph Cny Rd EB in the PM 41 - . . . . . . I . a.. 31 - .. . . -2 . . . . . . .. . . . . y= 'Iõ.IJ031-7.56E-03X R-Squared = 0.082 2. '-f ì)A-ì4 ;>0 ,.J Îs. 21 - I 1700 I 1800 I 1900 I 2000 ì 2100 T 2200 HrVol HrH - t..jr;:'1 -O,007SbVo1 ]) ~ L---0S A- IS C t:::. ¡~1 PH >sç >?B ;?:22 >-17 LI:? .--t.- .- - \(0 L- t) r--1 E. ,; -l-/tI'D '2,'570 5,IbD 3 132-0 1. 3 sa , , LINSCOTT LAW & GREENSPAN ENGINEERS APPENDIX D Chula Vista Capacity Enhancements Eastern Territories Traffic Capacity Analysis City of Chula Vista 3-02-1244 E N GIN E E R 5 Philip M. Linscott, P.E. 11924-2000} Jack M. Greenspan, P.E. William A. Law, P.E. (Ret.) Paul W. Wilkinson, P.E. John P. Keating, P.E. David S. Shender, P.E. John A. Boarman, P.E. Clare M. Look-Jaeger, P.E. LINSCOTT LAW & GREENSPAN ENGINEERS & PLANNERS . TRAFFIC, TRANSPORTATION, PARKING 1565 Hotel Circle South, Suite 310 . San Diego, California 92108 Phone: 619 299-3090 . Fax: 619299-7041 March 6, 2003 Mr. Frank Rivera City Of Chula Vista 276 Fourth Avenue Chula Vista, California 91910 SUBJECT: Capacity Enhancements-East H Street Improvements Dear Frank: The purpose of this letter report is to document the analysis results regarding the number of additional dwelling units, which could be constructed in the eastern territories of Chula Vista if additional capacity were added to East H Street near Interstate 805 (I-80S). Specifically, the project would widen East H Street from approximately 400 feet east of Hidden Vista Drive to I-80S from three to four westbound lanes. A second westbound right-tum only lane would be provided at the 1- 805 northbound ramps intersection. METHODOLOGY The City of Chula Vista uses average travel speed as its variable to determine Level of Service (LOS). Therefore, Linscott, Law & Greenspan Engineers (LLG) determined the average speed increase which would be realized ifthe East H Street improvements were completed and then added westbound AM peak-hour traffic on a trial and error basis until the average speed returned to its baseline condition. Since the westbound traffic volumes on East H Street are higher during the AM peak hour, the analysis focuses on this time period. LLG then translated the additional traffic volume, which could be accommodated due to the East H Street improvements into a number of additional dwelling units, Determining Speed Increase Existing morning and afternoon traffic volumes were established at key area intersections to capture peak commuter activity and to provide a basis to compare field travel time observations. Traffic Data Service Southwest conducted the counts in October 2001. Figure 1 shows the existing AM/PM peak hour intersection traffic volumes on the subject section of East H Street. An analysis of the East H Street arterial between Hidden Vista Drive and the I-80S southbound ramps was conducted under the governing peak morning condition, with the assistance of the Synchro (version 5.0) computer software. Synchro reports arterial operation information, such as speed and travel time, based upon the procedures found in Chapter 11 of the Highway Capacity Manual (HCM) 2000. Costa Mesa -714 641-1587 . Pasadena - 626 796-2322 . Las Vegas -702 451-1920 . Founded 1966 . An LG2WB Company LlNSCC HT LAW & CREENSPAN Frank Rivera City Of Chula Vista 03/06/03 Page 2 00 E N GIN E E R 5 The arterial analysis was completed using the current geometric conditions and then was completed again assuming the improvements along East H Street were implemented. The improvement in overall average speed was then determined by comparing the analysis results. Determining Dwelling Unit Increase A formula was developed to translate traffic volumes into additional dwelling units. In general, assumptions are made as to how much westbound AM peak hour traffic one dwelling unit generates. The following assumptions were utilized based on the July 1998 SANDAG Traffic Generation Guide. · One home generates 10 ADT · Eight percent (8%) of those trips occur during the AM peak hour · 70 percent of residential-generated AM peak hour trips are outbound (i.e. westbound) The final key assumption, which is necessary to translate traffic volumes into additional dwelling units, concerns the percentage of future general eastern territory residences that will utilize westbound East H Street in the morning. This percentage was estimated using several sources including the following: · A recent survey (Godbe ResearchÆSTC, February 7,2002) indicates that approximately 80 percent of eastern territory residences use Telegraph Canyon Road, East H Street or Olympic Parkway for their morning commute, · There is a limited amount of roadways a resident can utilize to reach a freeway from the eastern territories including: 1) Bonita Road, 2) East H Street, 3) Telegraph Canyon Road, 4) Olympic Parkway and 5) Various options to reach SR 54. In addition, residences can use other local streets if a freeway is not the destination or if the destination is not work-related, A review of these options indicates a general 25 percent distribution to East H Street. Overall, based on the foregoing discussion, 25 percent of AM peak hour trips are assumed to use westbound East H Street for their AM peak hour trip. This is a general average distribution percentage. Specific developments, depending on their location, may have a lower or higher percentage. This percentage is not intended to apply to anyone development. Using these assumptions, it is calculated that one home generates 0.14 AM peak-hour trips on East H Street as follows: 10 ADT Home x 8% x 70% x 25% = 0.14 N:\ 1105\11 05A.doc LINSCOTT LAW & CREENS~)AN Frank Rivera City Of Chula Vista 03/06/03 Page 3 of3 E N GIN E E R 5 In other words, 7.14 homes generate one westbound AM peak -hour trip on East H Street. ANALYSIS RESULTS Table 1 shows the results of the analysis of East H Street between the I-80S southbound ramps and Hidden Vista Drive. This table shows a calculated average speed of 28.8 miles per hour between I- 805 and Hidden Vista Drive. The existing average speed on East H Street between Hilltop and Hidden Vista Drives according to City Traffic Monitoring Program (TMP) data is currently 34.0 miles per hour. Table I shows that the provision of the fourth westbound thru lane on East H Street results in an increase in average speed of 0.2 miles per hour. While this increase seems small, it is likely due to the fact that operations on westbound East H Street are generally good in the morning. Appendix A shows the analysis results. Table 2 shows the results of the trial and error exercise that detennined how much westbound traffic could be added before the pre-improvement speed would occur. This table shows that between 80 and 140 vehicles could be added. In other words, operations would be identical to today's conditions on East H Street if between 80 and 140 westbound AM vehicles were added to East H Street and the planned improvements were constructed. CONCLUSIONS Using the previously discussed fonnula, construction of the East H Street improvements would result in additional roadway capacity equivalent to between 571 and 1,000 units, assuming the East H Street ramp is improved. The midpoint equivalence would be 785 units. If the East H Street ramp were not improved, the number of units would be reduced by about 25%. It should be noted that this analysis does not assume the installation and operation of ramp meters at the I-805/East H Street interchange. Please call me if you have any questions. Sincerely, Linscott, Law & Greenspan JB/Ic N:\1105\1105A.doc I' o<:P ,'J.ç§) I 960 ~ 960 -- NOTE: - AM/PM Peak hour volumes ore shown at the intersections ? REV. 11/12/01 FIG 11 05.DWG NO SCALE LINSCOTT LAW &. GREENSPAN Figure 1 EXISTING TRAFFIC VOLUMES EAST H STREET CORRIDOR AM/PM PEAK HOURS CHULA VISTA CAPACITY ENHANCEMENTS ENGINEERS ---.,.-..------- ~._._---- LINSCOTT LAW & GREENSPAN E N GIN E E R 5 TABLE 1 EAST H STREET ARTERIAL ANALYSIS f---- -- - - --------- - ------ -AVERAGETRAVElo-SPEEQ-- ~ STREET SEGMENT Existing With East H Street Conditions Improvements East H Street Hidden Vista Drive to I-80S southbound ramps 28.8 mph 29.0 mph N:\1105l1105 Table 1.doc LINSCOTT LAW & GREENSPAN E N G t NEE R 5 TABLE 2 EAST H STREET AVERAGE TRAVEL SPEED WITH IMPROVEMENTS -- ~ -------------- ADDITIONAL TRAFFIC' AVERAGE TRAVEL SPEED (in mph) 0 29.0 70 28.9 80 28.8 90 28.8 100 28.8 110 28.8 120 28.8 130 28.8 140 28.8 150 28.7 - ----- 'Westbound AM peak-hour traffic Note: Existing Average Travel Speed on East H Street is 28,8 mph without improvements. The average travel speed in the table corresponds to LOS B. N:\110S\110S Table 2.doc LINSCOTT LAW & GREENSPAN ENGINEERS ---..-.- APPENDIX A East H Street - Synchro Arterial Analysis Worksheets LINSCOTT LAW & GREENSPAN ENGINEERS "fABlE-A East H Street Capacity Enhancements Sensitivit Anal sis· Westbound AM Peak Period Existing (Baseline) Existing w/lmprovements Existing w/lmprovements + 70 vehicles 28.8 29.0 28,9 Existing w/lmprovements + 150 vehicles East H Street Capacity Enhancements - 1105 11/8/2001 Arterial Level of Service: EB H St AM Existing --- o805-NB--- ìI 45 22.1 -7.0 29;1 0.2 25.1 C -- -. ..-...- .... -.. -, Total II 92.9 47.1 140.0 1,0 26.2 C Arterial Level of Service: WB H St 1-805 NB ìI 45 28.1 5.9 34.0 0.3 30.0 B Total II 90.3 25.8 116.1 0.9 28.8 B N:\ 11 05\Synchro\H StreetlAM Existing.sy6 LlNSCOCOS5-FF51 East H Street Capacity Enhancements.. 1105 11/8/2001 Arterial Level of Service: EB H St AM Existing w/lmprovements ~ -----1~805-NB------ '11 45 23.77~23009Qo2 -25,4C .' . '." . . . . ..... Totai II 94.5 49.9 144.4 1.0 25.8 C Arterial Level of Service: WB H St Total II 91.9 25.1 117.0 0.9 29.0 B N:\11 05\Synchro\H StreetlAM Existing Improvements.sy6 LlNSCOCOS5-FF51 East H Street Capacity Enhancements - 1105 11/8/2001 Arterial Level of Service: EB H St AM Existing wflmprovements + 70 vehicles --lo805-NB---- . II 45 24.2 7.'23-1.4 0.2 -2504 C . . . . ... .... ..... Total II 95.0 49.9 144.9 1.0 25.8 C Arterial Level of Service: WB H St Total II 92.4 25.6 118.0 0.9 28.9 B N:\ 11 05\Synchro\H StreetlAM Existing Improvements + 70 on thru.sy6 LlNSCOCOS5-FF51 East H Street Capacity Enhancements - 1105 11/8/2001 Arterial Level of Service: EB H St AM Existing w/lmprovements + 80 vehicles ~+BÐ5~NB--- II 45 23.7 7,2 30.9 0.22504 G . Total II 94.5 49.9 144.4 1.0 25.8 . C Arterial Level of Service: WB H St 1-805 NB II 45 28.1 6.3 34.4 0.3 29.7 B ""^ ^~^' " ^ " . ¡¡¡:¡< Total II 91.9 25.8 117.7 0.9 28.8 B N:\ 11 05\Synchro\H StreetlAM Existing improvements + 80 on thru.sy6 LlNSCOCOS5-FF51 East H Street Capacity Enhancements - 1105 11/8/2001 Arterial Level of Service: EB H St AM Existing w/lmprovements + 90 vehicles -1-805-NB---11 45 -23,7 7,2 30.9 . 0,2 -2-5,4 - C " '.' , , .. ' , ". '" ., ,'" ':: c, , "~.~" :, "",,' ,m ': Total II 94.5 49.9 144.4 1.0 25.8 C Arterial Level of Service: WB H St 1-805 NB II 45 28.1 6.3 34.4 0.3 29.7 B Total II 91.9 25.8 117.7 0.9 28.8 B N:\1105\Synchro\H StreetlAM Existing Improvements + 90 on thru.sy6 LlNSCOCOS5-FF51 East H Street Capacity Enhancements - 1105 11/8/2001 AM Existing w/lmprovements + 100 vehicles Arterial Level of Service: EB H St . ~u -i"805-N6--11 45 23.7 7.2 30.9 -0.2 . -25.4C 1ØIIII1~ Total II 94.5 49.9 144.4 1.0 25.8 C Arterial Level of Service: WB H St Total II 91.9 25.9 117.8 0.9 28.8 B N:\ 11 05\Synchro\H StreetlAM Existing improvements + 100 on thru.sy6 LlNSCOCOS5-FF51 East H Street Capacity Enhancements - 1105 11/8/2001 Arterial Level of Service: EB H St AM Existing w/lmprovements + 110 vehicles ~1~05-N~--- Ii 45 23.7 7.2 30.9 0.225A C -~ -.. . .. . ... ... ...... Total II 94.5 49.9 144.4 1.0 25.8 C Arterial Levei of Service: WB H St Total 11 91.9 25.9 117.8 0.9 28.8 B N:\11 05\Synchro\H StreetlAM Existing Improvements + 110 on thru.sy6 LlNSCOCOS5-FF51 East H Street Capacity Enhancements· 1105 11/8/2001 Arterial Level of Service: EB H St AM Existing w/improvements + 120 vehicles -i~805-NB--- II 45 23.7 7.2 30:9 0.2-25.4 C Total . 1I~4.0 "".0 ,~~.v ..v --.-. ,.... .~.. Arterial Level of Service: WB H St Total II 91.9 25.9 117.8 0.9 28.8 B N:\1105\Synchro\H StreetlAM Existing Improvements + 120 on thru.sy6 LlNSCOCOS5-FF51 East H Street Capacity Enhancements - 1105 11/8/2001 Arterial Level of Service: EB H St AM Existing w/lmprovements + 130 vehicles =--1~805-NB--- - II 45 28.7 - -7-02 - 30,9 .. 0,2 - -25A-C Total II 94.5 49.8 144.3 1.0 25.8 C Arterial Level of Service: WB H St 1-805 NB II 45 28.1 6.4 34.5 0.3 29.6 B Total II 91.9 25.9 117.8 0.9 28,8 B N:\ 11 05\Synchro\H StreetlAM Existing Improvements + 130 on thru.sy6 LlNSCOCOS5-FF51 East H Street Capacity Enhancements· 1105 11/8/2001 Arterial Level of Service: EB H St AM Existing w/lmprovements + 140 vehicles -1"805-NB---- II 45 24.5 72 3-1.7 - G£ -2&.5 C . Totai II 95.3 49.8 145.1 1.0 25.9 C Arterial Level of Service: WB H St 1.805 NB II 45 28.1 6.4 34.5 0.3 29.6 B ~. Total II 92,7 25.9 118.6 0.9 28.8 B N:\11 05\Synchro\H StreetlAM Existing Improvements + 140 on thru.sy6 LlNSCOCOS5-FF51 East H Street Capacity Enhancements - 1105 11/8/2001 Arterial Level of Service: EB H St AM Existing w/lmprovements + 150 vehicles --~i.805-NB----- nil 45 28.7 7.2 80;9 --0.2· --25:4 C . Total II 94.5 49.7 144.2 1.0 25.9 C Arterial Level of Service: WB H St 1-805 NB II 45 28.1 6.5 34.6 0.3 29.5 B . Total Ii 91.9 26,2 118.1 0.9 28.7 B N:\ 11 05\Synchro\H StreetlAM Existing Improvements + t 50 on thru.sy6 LlNSCOCOS5-FF51 LINSCOTT LAW & . GREENSPAN "ENGINEERS --------.-. -- TABLE 11-1. ARTERIAL LEVELS OF SERVICE ARTERIAL CLASSIFIcATION I n ill IV 35 to 45 30 to 35 25 to 35 40. 33 30 AVERAGE T.RA VEL SPEED 85 80 225 228 224 219 222 218 213 217 214 29 ~13 210 27 <13 <10 <7 Rang~ of ftee:"flow speeds Typical free-flow speeds LEVEL OF SERVICE 45 to 55 50 A B C D E F 242 84 227 221 216 <16 NOTE: Units ~ miles p~ hour. Updated Decewer" 1997 Arterial Travel Time Report The Arterial Travel Time report contains information about the speed and travel time for an arterial. This report mirrors the reports used in the Arterials section of the HCM, Chapter 11. The Arterial report can also be compared with fieid travel time studies. When creating a Travel Time report, select one or more arterials in the right panel of the SELECT REPORTS - ---Wmôow, 10 ëfëate an arterîal wîth multî)51e street names öt that toms comers, inclade- a roate number with the # symbol in the street names, such as "Ashby Ave #13" (see the topic Link SettinCls for details on creating an arterial route that turns corners). A report is created for each direction of the arterial. The Arterial Class is calculated automatically based on the distances between intersections and the link speeds. The Speed is the total distance divided by the total travel time. The segment distance is the total d distance divi ed by the number of seaments. Speed (mph) Segment Class Distance . lto 29 any IV 30 to 35 < 2000 ft IV 30 to 35 >= 2000 ft III 36 to 45 any II above 45 any ¡ The Flow Speed is the free flow speed or link speed input for each link. For segments over 0.5 miles, the Running Time is the link distance divided by the flaw speed. For .shorter links, the running time is based on the running times in the HCM 2000, Table 11A. This table is based on FHWA research that shows longer running times on networks with short segments. This wiil cause longer travei times and lower LOS than using the free flow speeds. The Signal Delay is the percentile delay for the through iane group. Signal deiay is equal to 1.3 times stopped delay. . The Travel Time is equal to Running time plus Signal Delay. Arterial Speed is thus Distance divided by Travel Time. The Arterial LOS is based on the speed and the Arterial Class. 0811611999 Bts:e:l.1rœ 0812411999 Arterial level of Service: S8 3rd St Arterial Flow Runni ng Signal Travel Djst Arterial .Arterial Cross street Class Speed Time Delav Timef:s1 fmil Speed LOS Mall Ent. II 45 10.2 22.1 32.3 0.1 14 E 1st Ave II 45 10.8 8.0 18.8 0.1 26 C Main street II 45 17.3 15.8 33.1 0.2 24 C Total II 45 38.3 45.9 84.2 0.5 20 0 - FiJœd Cy<1> Proò!on ~Roport. SyrLchro User Ptge-J E N GIN E E R S Philip M. Linscott, P.E. (1924-20001 Jack M. Greenspan, P.E. William A. Law, P.E. (Ret.) Paul W. Wilkinson, P.E. John P. Keating, P.E. David S. Shender, P.E. John A. Boarman, P.E. Clare M. Look-Jaeger, P.E. LINSCOTT LAW & GREENSPAN ENGINEERS & PLANNERS . TRAFFIC, TRANSPORTATION, PARKING 1565 Hotel Circle South, Suite 310 . San Diego, California 92108 Phone: 619299-3090 . Fax: 619299-7041 March 6, 2003 Mr. Frank Rivera City Of Chula Vista 276 Fourth Avenue Chula Vista, California 91910 SUBJECT: Capacity Enhancements-Telegraph Canyon Road Improvements Dear Frank: The purpose of this letter report is to document the analysis results regarding the number of additional dwelling units, which could be constructed in the eastern territories of Chula Vista if additional capacity were added to Telegraph Canyon Road near Interstate 805 (1-805), Specifically, the project would widen Telegraph Canyon Road fÌ"om approximately 500 feet east of Halecrest Drive to I-80S from three to four westbound lanes, A second westbound right-turn only lane would be provided at the I-80S northbound ramps intersection. METHODOLOGY The City of Chula Vista uses average travel speed as its variable to determine Level of Service (LOS). Therefore, Linscott, Law & Greenspan Engineers (LLG) determined the average speed increase which would be realized if the Telegraph Canyon Road improvements were completed and then added westbound AM peak-hour traffic on a trial and error basis until the average speed returned to its baseline condition. Since the westbound traffic volumes on Telegraph Canyon Road are higher during the AM peak hour, the analysis focuses on this time period. LLG then translated the additional traffic volume, which could be accommodated due to the Telegraph Canyon Road improvements into a number of additional dwelling units. Determining Speed Increase Existing morning and afternoon traffic volumes were established at key area intersections to capture peak commuter activity and to provide a basis to compare field travel time observations. Traffic Data Service Southwest conducted the counts in October 2001. Figure 1 shows the existing AMlPM peak hour intersection traffic volumes on the subject section of Telegraph Canyon Road. An analysis of the Telegraph Canyon Road arterial between Crest Drive and the I-80S southbound ramps was conducted under the governing peak morning condition, with the assistance of the Synchro (version 5.0) computer software. Synchro reports arterial operation information, such as speed and travel time, based upon the procedures found in Chapter 11 of the Highway Capacity Manual (HCM) 2000. Costa Mesa _ 714 641-1587 . Pasadena - 626 796-2322 . Las Vegas - 702 451-1920 . Founded 1966 . An LG2WB Company LINSCOTT LAW & GREENSPAN Frank Rivera City Of Chula Vista 03106/03 Page 2 on ENGINEERS The arterial analysis was completed using the current geometric conditions and then was completed again assuming the improvements along Telegraph Canyon Road were implemented. The improvement in overall average speed was then determined by comparing the analysis results. Determining Dwelling Unit Increase A formula was developed to translate traffic volumes into additional dwelling units. In general, assumptions are made as to how much westbound AM peak hour traffic one dwelling unit generates. The following assumptions were utilized based on the July 1998 SANDAG Traffic Generation Guide. · One home generates ten ADT. · Eight percent of those trips occur during the AM peak hour. 70 percent of residential-generated AM peak hour trips are outbound (i.e. westbound). The final key assumption, which is necessary to translate traffic volumes into additional dwelling units, concerns the percentage of future general eastern territory residences that will utilize westbound Telegraph Canyon Road in the morning. This percentage was estimated using several sources including the following: · A recent survey (Godbe ResearchlESTC, February 7, 2002) indicates that approximately 80 percent of eastern territory residences use Telegraph Canyon Road, East H Street or Olympic Parkway for their morning commute. · There is a limited amount of roadways a resident can utilize to reach a fteeway ftom the eastern territories including: 1) Bonita Road, 2) East H Street, 3) Telegraph Canyon Road, 4) Olympic Parkway and 5) Various options to reach SR 54. In addition, residences can use other local streets if a fteeway is not the destination or if the destination is not work-related. A review of these options indicates a general 25 percent distribution to Telegraph Canyon Road. Overall, based on the foregoing discussion, 25 percent of AM peak hour trips are assumed to use westbound Telegraph Canyon Road for their AM peak hour trip. This is a general average distribution percentage. Specific developments, depending on their location, may have a lower or higher percentage. This percentage is not intended to apply to anyone development. Using these assumptions, it is calculated that one home generates 0.14 AM peak-hour trips on Telegraph Canyon Road as follows: 10 ADT Home x 8% x 70% x 25% = 0.14 N:\1105\1105B.doc LINSCOTT LAW & CREENSPAN Frank Rivera City Of Chula Vista 03/06/03 Page 3 of3 E N GIN E E R 5 In other words, 7.14 homes generate one westbound AM peak-hour trip on Telegraph Canyon Road. ANALYSIS RESULTS Table 1 shows the results of the analysis of Telegraph Canyon Road between the I-80S southbound ramps and Crest Drive. This table shows a calculated average speed of20.9 miles per hour between I-80S and Crest Drive. The existing average speed on Telegraph Canyon Road between Halecrest and Medical Center Drives according to City Traffic Monitoring Program (TMP) data is currently 22.3 miles per hour. Table I shows that the provision of the fourth westbound thru lane on Telegraph Canyon Road results in an increase in average speed of 0.5 miles per hour. Appendix A shows the analysis results, Table 2 shows the results of the trial and error exercise that determined how much westbound traffic could be added before the pre-improvement speed would occur. This table shows that between 160 and 200 vehicles could be added. In other words, operations would be identical to . today's conditions on Telegraph Canyon Road if between 160 and 200 westbound AM vehicles were added to Telegraph Canyon Road and the planned improvements were constructed. CONCLUSIONS Using the previously discussed formula, construction of the Telegraph Canyon Road improvements would result in additional roadway capacity equivalent to between 1,142 and 1,428 units. The midpoint equivalence would be 1,285 units. It should be noted that this analysis does not assume the installation and operation of ramp meters at the I-80S/Telegraph Canyon Road interchange. Please call me if you have any questions. Sincerely, Linscott, Law & Greenspan ...,- JB/lc N:\1105\1105B.doc LINSCOTT LAW & GREENSPAN TABLE 1 E N GIN E E R 5 TELEGRAPH CANYON ROAD ARTERIAL ANALYSIS AVERAGE TRAVEL SPEED STREET SEGMENT Existing With Telegraph Canyon Conditions Road Improvements Telegraph Canyon Road Crest Drive to 1-805 southbound ramps 20.9 mph 21.4 mph N:\1105\11058 Table 1.doc LINSCOTT LAW & CREENSPAN E N GIN E E R 5 TABLE 2 TELEGRAPH CANYON ROAD AVERAGE TRAVEL SPEED WITH IMPROVEMENTS ADDITIONAL TRAFFIC' AVERAGE TRAVEL SPEED (in mph) 0 21.4 150 21.0 160 20.9 170 20.9 180 20.9 190 20.9 200 20.9 210 20.8 'Westbound AM peak-hour traffic Note: Existing Average Travel Speed on Telegraph Canyon Road is 20.9 mph without improvements. The average travel speed in the table corresponds to LOS C. N:\1105\1105B Table 2.doc ~! % lla ~ .III,., .lJI.a BNO.¡ ~ f3gs~ ~ ~O~ ILl Q) 3$~ ~ L.. 0.... () ::] >8~ ~ C') ~u~a. ~ .- 0 ~ La.. Ct: 2 () a.. < c>t5~ ð ~~ ~ -ð > ~:I: ~ ~ 5 ~ ~ ~ 0 00 Q)c Eo :::J:.J -0 OQ) > 0 .... ....Q) ::J.... Oc ",,0- .::LQ) 0:5 Q) c....... 0 ::Õc ~~ c...~ .........0 '" ~~ ::õ"" «0 ~ IK ~ ~ .. ~ .. ....... W ~ ItÍ ~ 0 b ~ ¡:¡ ¡; Z II:: ¡¡: LINSCOTT LAW & GREENSPAN ENGINEERS APPENDIX A Telegraph Canyon Road· Synchro Arterial Analysis Worksheets LINSCOTT LAW & GREENSPAN E N G ¡ NEE R S TABLE A Telegraph Canyon Road Capacity Enhancements Sensitivit Anal sis - Westbound AM Peak Period Existing (Baseline) Existing w/lmprovements Existing w/lmprovements + 150 vehicles 20.9 21,4 21,0 Existing w/lmprovements + 210 vehicles NOTE: - Synchro link distances adjusted to better refiect existing operations. Telegraph Canyon Road Capacity Enhancements - 1105 11/8/2001 Arterial Level of Service: EB Telegraph Canyon Rd AM Existing D Halecrest Dr 40 28.6 6.1 34.7 0.3 27.0 c ;j~ : Crest Dr I 40 37.4 17.2 54.6 0.4 25.7 D ~ . ..~..... .~~..- ...._~ ..... ~"_. ..-.. , .. .. ~:..' . :.,.'. y ..... '.:, ,"umi ), , æ ," " ""; Arterial Level of Service: WB Telegraph Canyon Rd Vons Driveway 40 37.4 13.1 50.5 0.4 27.8 C 1-805 NB 40 28.6 31.8 60.4 0.3 15.5 F Nacion Av 32.9 0.3 D N:\ 11 05\Synchro\ T elegraph\AM Existing .sy6 LlNSCOCOS5-FF51 Telegraph Canyon Road Capacity Enhancements - 1105 11/8/2001 AM Existing w/lmprovements Arterial Level of Service: EB Telegraph Canyon Rd Crest Dr·· I . 40 37.4 18.5 55.9 - 0.4 25.1 D -~... . - .._-.~ ... ...... ........--- .-... . , .__~::_ - _' - - - - -:: - I _ , . Wh -i¡;"" Arterial Level of Service: WB Telegraph Canyon Rd 1-805 NB 40 28.6 21.7 50.3 0.3 18.6 E Nacion Av I 40 32.9 18.9 51.8 0.3 22.4 D . " 'P',.· ¡¡~::M' - =~- œ¡:-' - "'~.' - -', .".. .- ." . '.' " . . . . N:\ 11 05\Synchro\TeiegraphIAM Existing + Improvements.sy6 LlNSCOCOS5-FF51 Telegraph Canyon Road Capacity Enhancements - 1105 11/8/2001 AM Existing w/lmprovements + 150 vehicles Arterial Level of Service: EB Telegraph Canyon Rd 0.3 Crest Dr I 40 37.4 18.0 55.4 0.4 25.3 D ~~ Arterial Level of Service: WB Telegraph Canyon Rd 1-805 NB 40 28.6 22.2 50.8 0.3 18.4 E Nacion Av I 40 32.9 19.1 52.0 0.3 22.3 D ~~."_..'--...~ , . . ~ " . . . ~ ¡. ",; - . . N:\1105\Synchro\TelegraphIAM Existing + Improvements + 150.sy6 LlNSCOCOS5-FF51 Telegraph Canyon Road Capacity Enhancements - 1105 11/8/2001 AM Existing w/lmprovements + 160 vehicles Arterial Levei of Service: EB Telegraph Canyon Rd 1-805 SB 40 32.9 22.3 55.2 0.3 21.0 D ~~~ """,, Halecrest Dr 40 28.6 7.6 36.2 0.3 25.8 D "1¡ Crest Dr I 4037.4 18.0 55.4 0.4 25.3 D .~T~IIi!¡'!¡I!t",~_,m,"", "'~~""~: Arterial Level of Service: WB Telegraph Canyon Rd 40 37.4 12.9 50.3 0.4 27.9 C Vons Driveway 1-805 NB 40 28.6 22.3 50.9 0.3 18.4 E Nacion Av I 40 32.9 19.1 52.0 0.3 22.3 D ~ N:\11 05\Synchro\Telegraph\AM Existing + Improvements + 160.sy6 LlNSCOCOS5-FF51 Telegraph Canyon Road Capacity Enhancements - 1105 11/8/2001 AM Existing w/lmprovements + 170 vehicles Arterial Level of Service: EB Telegraph Canyon Rd 32.9 55.2 0.3 21.0 0 .1à Halecrest Dr 28.6 36.2 0.3 25.8 D ~'!B!1.~~i~ af~j~~~f<iÆ Crest Dr I 40 37.4 18.0 55.4 0.4 25.3 0 __IhHi.' . . ."""_____~Tiiiliilll!~¡¡!!II; BJI¡¡¡!!iiÞ'IiJ-I!'''1f!fu....·. ~~~L~fJ;~!flŠ, Arterial Level of Service: WB Telegraph Canyon Rd 40 37.4 12.9 50.3 0.4 27.9 c Vons Driveway Nacion Av I 40 32.9 19.1 52.0 0.3 22.3 0 .. ...!!..._.......~.ry.'.."fji.. j . _ _ _ ' _ _', " ,'.,!Z' N:11105lSynchrolTelegraphlAM Existing + Improvements + 170.sy6 LlNSCOCOS5-FF51 Telegraph Canyon Road Capacity Enhancements - 1105 11/8/2001 AM Existing w/lmprovements + 180 vehicles Arterial Level of Service: EB Telegraph Canyon Rd 1-805 SB 40 32.9 28.6 22.4 .; ~ ' 55.3 0.3 21.0 D Arterial Level of Service: WB Telegraph Canyon Rd 40 37.4 13.0 50.4 0.4 27.8 C Vons Driveway 1-805 NB 40 28.6 22.3 50.9 0.3 18.4 E Nacion Av I 40 32.9 19.1 52.0 0.3 22.3 D ~iIØ~ N:\ 11 D5\Synchro\Telegraph\AM Existing + Improvements + 18D.sy6 LlNSCOCOS5-FF51 Telegraph Canyon Road Capacity Enhancements - 1105 11/8/2001 AM Existing w/lmprovements + 190 vehicles Arterial Level of Service: EB Telegraph Canyon Rd . 1-805 SB Halecrest Dr 40 7.6 36.2 D I Crest Dr I 40 37.4 18.0 55.4 0.4 25.3 D .JIIl!IIIIIIII Arterial Level of Service: WB Telegraph Canyon Rd 1-805 NB 40 28.6 22.4 51.0 0.3 18.3 E Nacion Av I 40 32.9 19.2 52.1 0.3 22.3 D 111 N:\ 11 D5\Synchro\Telegraph\AM Existing + Improvements + 19D.sy6 LlNScOcOS5-FF51 Telegraph Canyon Road Capacity Enhancements - 1105 11/8/2001 AM Existing w/lmprovements + 200 vehicles Arterial Level of Service: EB Telegraph Canyon Rd 1-805 SB 40 22.4 55.3 0.3 21.0 D 32.9 "~ 28.6 "Bb: Crest Dr I 40 37.4 17.9 55.3 0.4 25.3 D Arterial Level of Service: WB Telegraph Canyon Rd Vons Driveway 40 37.4 13.0 50.4 0.4 27.8 C 1-805 NB 40 28.6 22.4 51.0 0.3 18.3 E ." Nacion Av I 40 32.9 19.2 52.1 0.3 22.3 D ..... .. '. ......- .. '. . . ... . .. ..'.. .. .." N:11105ISynchroITelegraph\AM Existing + Improvements + 20D.sy6 LlNSCOCOS5-FF51 Telegraph Canyon Road Capacity Enhancements - 1105 11/8/2001 AM Existing w/lmprovements + 210 vehicles Arterial Level of Service: EB Telegraph Canyon Rd 0.3 21.0 D '/,,,,,,-.',.~ Halecrest Dr 40 28.6 7.6 36.2 0.3 '25.8 D .~..~ Crest Dr I 40 37.4 17.9 55.3 - 0:4 -25.3 D .". .."....'... " '·ììE4i__mJi!1,.__ .. .... ",- '." ""M",,;1:f~~~*~ Arterial Level of Service: WB Telegraph Canyon Rd 40 37.4 13.0 50.4 0.4 27.8 C Vons Driveway 1-805 NB 40 28.6 22.4 51.0 0.3 18.3 E Nacion Av J 40 32.9 19.2 52.1 0.3 22.3 D ..."..,..,...,.... . ..' ':.','." . . ......' ",', .:, N:11105ISynchroITelegraph\AM Existing + Improvements + 21D.sy6 LlNScOcOS5-FF51 LINSCOTT LAW & GREENSPAN ENGINEERS APPENDIX B 1997 HCM Arterial Level of Service Criteria LINSCOTT LAW & GREENSPAN ENGINEERS TABLE 11-1. ARTERIAL LEVELS OF SERVICE ARTERIAL CLASSIFICATION I IT m IV 35 to 45 30 to 35 25 to 35 40' , 33 30 AVERAGE TRAVEL SPEED ;,,35 ;,,30 <':25 <:28 <:24 <:19 <:22 <':18 <':13 <:17 ?:.14 <':9 <':13 <':10 <':7 <13 <10 <7 Range of ft¡:e:"'f!.ow speeds Typical free-flow speeds LEVEL OF SERVICE 45 to 55 50 A B C D B F <':42 <':34 '2:27 <:21 <:16 <16 NOTE: Units are rmles per hour. Upda1ed December· 1997 LINSCOTT LAW & GREENSPAN ENGINEERS APPENDIX C Synchro Arterial Classification Criteria Arterial Travel Time Report The Arterial Travel Time report contains information about the speed and travel time for an arterial. This report mirrors the reports used in the Arterials section of the HCM, Chapter 11. The Arterial report can also be compared with field travel time studies. When creating a Travel Time report, seiect one or more arterials in the right panel of the SELECT REPORTS window. To create an arterial with multiple street names or that turns corners, Include a route number with the # symbol in the street names, such as "Ashby Ave #13" (see the topic Link Sett:inas for details on creating an arterial route that turns corners). A report is created for each direction of the arterial. The Arterial Class is calculated automatically based on the distances between intersections and the link speeds. The Speed is the total distance divided by the total travel time. The segment distance is the total distance divided bv the number of seoments. Speed (m ph) Segment Class Distance 1 to 29 any N 30 to 3S < 2000 It N 30 to 3S >= 2000 It II! 36 to 45 any 11 above 45 any I The Flow Speed is the free fiow speed or link speed input for each link. For segments over 0.5 miles, the Running Time is the link distance divided by the fiow speed. For,shorter links, the running time is based on the running times in the HCM 2000, Table 11 A. This table is based on FHWA research that shows longer running times on networks with short segments. This will cause longer travel times and lower LOS than using the free fiow speeds. The Signal Delay is the percentile delay for the . through lane group. Signal delay is equal to 1.3 times stopped delay. The Travel Time is equal to Running time plus Signal Delay. Arterial Speed is thus Distance divided by Travel Time. The Arterial LOS is based on the speed and the Arterial Class. 08/1611999 B&Se1±m 08/24/1999 Arterial level of Service: 58 3rd st Arterial Flow Runni ng Signal Travel Dist .Arterial Arterial Cross street Class Speed lime Delav Tlmers1 [mil· Speed LOS Mall Ent. II 45 10.2 22.1 32,3 0.1 14 E 1 st Ave II 45 10.8 8,0 18.8 0.1 26 C Mai n Street II 45 17.3 15.8 33.1 0.2 24 C Total II 45 38,3 45.9 84.2 0.5 20 0 Fi:œd eye» Prob1= Sync1-<-o&pœt S)'ndao U~er Ptg'e-2 LINSCOTT LAW & GREENSPAN Philip M. Linscott, P.E. (1924-2000) Jack M. Greenspan, P.E. William A. Law, P.E. (Ret.) PauIW.Wilkinson,P.E. John P. Keating, P.E. David S. Shender, P.E. John A. Boarman, P.E. Clare M. Look-Jaeger, P.E. E N GIN E E R 5 ENGINEERS & PLANNERS . TRAFFIC. TRANSPORTATION, PARKING 1565 Hotel Circle South, Suite 310 . San Diego, California 92108 Phone: 619 299-3090 . Fax: 619 299-7041 April 9, 2003 Mr. Frank Rivera City Of Chula Vista 276 Fourth Avenue Chula Vista, California 91910 SUBJECT: Dwelling Unit Capacity Equivalent - Olympic Parkway Capacity Enhancements Dear Frank: The purpose of this letter report is to document the analysis results regarding the number of additional dwelling units which could be constructed in the eastern territories of Chula Vista if addi1ional capacity were added to the Olympic Parkway/Interstate 805 interchange (i.e. dwelling unit capacity equivalent). Improvements include the widening of Olympic Parkway at 1-805 to provide two through lanes in each direction and dual left-turns at the ramps. The off-ramps would be widened as well providing additional turning lanes. 1.0 METHODOLOGY The City of Chula Vista uses average travel speed as a variable to detennine Level of Service (LOS). Therefore, Linscott, Law & Greenspan Engineers (LLG) based the analysis on the same premise and determined the existing average speed with the assistance of the Synchro analysis software. The existing speed, for analysis and comparison purposes, represents the baseline. In order to detennine the dwelling unit capacity equivalent, the number of 1rips in the governing westbound AM peak hour direction that can be accommodated by the improvements before degrading below the baseline was detennined. This volume threshold was then translated to dwelling units resulting in the 'dwelling unit capacity equivalent'. 1.1 Determining Arterial Speed Existing morning traffic volumes were established at key area intersections to capture peak commuter activi1y and to provide a basis to compare field travel time observations. Traffic Data Service Southwest conducted the counts in April 2000. A 20% growth factor was applied to the counts in order to derive 2003 volumes for the analysis. Costa Mesa - 714641-1587 . Pasadena - 626 796-2322 . Las Vegas - 702 451- 1920 . Founded 1966 . An LG2WB Company LINSCOTT LAW & GREENSPAN Frank Rivera City Of Chula Vista 4/9/03 Page 2 of4 E N GIN E E R 5 An analysis of the Olympic Parkway arterial between the I-80S southbound ramps and Oleander Avenue was conducted under the governing peak morning condition, with the assistance of the Synchro (version 5.0) computer software. Synchro reports arterial operation information, such as speed and travel time, based upon the procedures found in Chapter 11 of the Highway Capacity Manual (HCM) 2000. The arterial analysis was completed under existing geometric conditions and with improvements along Olympic Parkway implemented. 1.2 Determining Volume Threshold The volume threshold is defined as the number of trips in the governing westbound AM peak hour direction that can be accommodated by the improvements before degrading below the baseline. The arterial analysis was preformed on a trial and error basis to determine the volume threshold. The number of trips added ranged from 130 to 150 trips. Table 1 reports the arterial speeds for the analysis scenarios. 1.3 Volume Threshold to Dwelling Units Conversion The traffic on Olympic Parkway directly relates to the number of dwelling units of the eastern territories of Chula Vista. The more dwelling units built the more traffic anticipated on Olympic Parkway. A formula was developed to translate volumes threshold to dwelling units. The following assumptions were based on the July 1998 SANDAG Traffic Generation Guide. · One home generates ten ADT (10 ADT/dwelling unit); · Eight percent of the ADT occurs during the AM peak hour; and · 70 percent outbound (i.e. westbound) split for residential-generated AM peak hour trips. The final key assumption, which is necessary to translate traffic volumes into additional dwelling units, concerns the percentage of future general eastern territory residences that will utilize westbound Olympic Parkway in the morning. This percentage was estimated using several sources including the following: · A recent survey (Godbe ResearchlESTC, February 7, 2002) indicates that approximately 80 percent of eastern territory residences use Telegraph Canyon Road, East H Street or Olympic Parkway for their morning commute. · There is a limited amount of roadways a resident can utilize to reach a freeway from the eastern territories including: 1) Bonita Road; 2) East H Street; 3) Telegraph Canyon Road; 4) Olympic Parkway; and 5) Various options to reach SR 54. N:\1244\Olympic Pkwy\1244 Olympic Pkwy.doc LINSCOTT LAW & GRLENSPAN Frank Rivera City Of Chula Vista 4/9103 Page 3 of4 E N GIN E E R 5 In addition, residences can use other local s1reets if a freeway is n011he destination or if the destination is not work-related. A review of these options indicates a general 30% distribution to Olympic Parkway. Therefore 30 % of AM peak hour trips are assumed 10 be 1raveling wes1bound on Olympic Parkway. Please n01e that this is a generalized distribution percentage. Specific developments, depending on their location, may have a lower or higher percentage. This percentage is not intended to apply to anyone particular development. Based on these assumptions, it is calculated that one home generates 0.16 AM peak hour trips on Olympic Parkway as follows: 10 ADT Home x 8% AM Peak Hour x 70% Westbound x 30% Olympic Distribution = 0.16 In other words, 6.25 (1/0.16) homes generate one westbound AM peak-hour trip on Olympic Parkway. 2.0 ÅNALYSIS RESULTS Table 1 reports the results of the analysis of Olympic Parkway between the I-80S southbound ramps and Oleander Avenue. The calculated existing (baseline) average speed on Olympic Parkway is 14.9 mile per hour. Appendix A contains the analysis worksheets. Roadway improvements to the interchange will result in a calculated increase in speed of 0.7 mph for an average speed of 15.6 mph. The addition of vehicle trips on Olympic Parkway will decrease to the arterial speed. A trial and error sensitivity analysis indica1es that up 10 150 trips can be added before the arterial speed degrades below the baseline speed under post-improvement conditions. The next step is to convert vehicles trips to dwelling units. Applying the above assumptions to the calculated volume threshold of ISO trips, the roadway capacity equivalent is 938 dwelling units (150 trips x 6.25 homes/trip). It should be noted that this analysis does not assume the installation and operation oframp meters at the I-80S/Olympic Parkway interchange. N:\1244\Olympic Pkwy\1244 Olympic Pkwy.doc LINSCOTT LAW & CREENSPAN Frank Rivera City Of Chula Vista 4/9/03 Page 4 of 4 E N GIN E E R S 3.0 CONCLUSIONS Key study findings and recommendations are outlined below: þ> The calculated existing (baseline) average speed on Olympic Parkway is 14.9 mile per hour. þ> Roadway improvements to the interchange will result in a calculated increase in speed of 0.7 mph for an average speed of 15.6 mph. þ> The addition of vehicle trips on Olympic Parkway will decrease to the arterial speed. A trial and error sensitivity analysis indicates that up to 150 trips can be added before the arterial speed degrades below the baseline speed under post-improvement conditions. þ> 6.25 homes generate one westbound AM peak-hour trip on Olympic Parkway. þ> The dwelling unit capacity equivalent for the planned capacity enhancement on Olympic Parkway is 938 dwelling units Please call me if you have any questions. Sincerely, Linscott, Law & Greenspan Boarman, P.E. Princ' ffi/WM N:\1244\0Iympic Pkwy\1244 Olympic Pkwy.doc LINSCOTT LAW & GREENSPAN ENGINEERS TABLE 1 Olympic Parkway Sensitivity Analysis Westbound AM Peak Hour SCENARIO ARTERIAL SPEED (mph) Existing (Baseline) 14.9 Existing wlImprovements 15.6 Existing wlImprovements + 140 trips 15.0 Existing w/Improvements + 150 trips 14.9 Existing wlImprovements + 160 trips 14.8 N:\1244\Olympic Pkwy\1244 table 1.doc LINSCOTT LAW & GREENSPAN ENGINEERS APPENDIX A Arterial Analysis Worksheets 4/9/2003 Existing AM Peak Hour (Baseline) Arterial Level of Service: EB Olympic Parkway Arterial Flow Running Signal Travel Dist Arterial Arterial Cross Street Class Speed Time Deiay Time(s) (mi) Speed LOS 1-805 SB Ramps III 30 29.0 23.4 52.4 0.2 15.7 D 1-805 NB Ramps III 30 23.8 4.7 28.5 0.2 23.7 C Oleander Avenue III 30 17.6 18.3 35.9 0.1 12.5 E Total III 70.4 46.4 116.8 0.5 16.7 D Arterial Level of Service: WB Olympic Parkway Arterial Flow Running Signal Travel Dist Arterial Arterial Cross Street Class Speed Time Delay Time(s) (mi) Speed LOS Oleander Avenue III 30 41.0 29.1 70.1 0.3 16.6 D 1-805 NB Ramps III 30 17.6 32.3 49.9 0.1 9.0 F 1-805 SB Ramps III 30 23.8 9.6 33.4 0.2 20.2 C Total III 82.4 71.0 153.4 0.6 14.9 D N:11244ISynchroIREViSED Existing AM.sy6 Page 1 WBM LlNScOcOS5-FF51 4/9/2003 Existing AM Peak Hour w/lmprovements Arterial Level of Service: EB Olympic Parkway Arterial Flow Running Signal Travel Dist Arterial Arterial Cross Street Class Speed Time Delay Time(s) (mi) Speed LOS 1-805 SB Ramps III 30 29.0 16.5 45.5 0.2 18.0 C 1-805 NB Ramps III 30 23.8 3.9 27.7 0.2 24.4 B Oleander Avenue III 30 17.6 22.2 39.8 0.1 11.3 E Total III 70.4 42.6 113.0 0.5 17.2 D Arterial Level of Service: WB Olympic Parkway Arterial Flow Running Signal Travel Dist Arterial Arterial Cross Street Class Speed Time Delay Time(s) (mi) Speed LOS Oleander Avenue '" 30 41.0 33.1 74.1 0.3 15.7 D 1-805 NB Ramps III 30 17.6 25.6 43.2 0.1 10.4 E 1-805 SB Ramps III 30 23.8 5.5 29.3 0.2 23.0 C Total III 82.4 64.2 146.6 0.6 15.6 D N:11244ISynchroIREVISED Exising AM with Improvements.sy6 Page 1 WBM LlNScOcOS5-FF51 4/9/2003 Existing AM Peak Hour w/lmprovements + 140 vehicles Arterial Level of Service: EB Olympic Parkway Arterial Flow Running Signal Travel Dist Arterial Arterial Cross Street Class Speed Time Delay Time(s) (mi) Speed LOS 1-805 5B Ramps III 30 29.0 16.1 45.1 0.2 18.2 C 1-805 NB Ramps III 30 23.8 3.8 27.6 0.2 24.5 B Oleander Avenue III 30 17.6 21.2 38.8 0.1 11.6 E Total III 70.4 41.1 111.5 0.5 17.5 D Arterial Level of Service: WB Olympic Parkway Arterial Flow Running Signal Travel Dist Arterial Arterial Cross Street Class Speed Time Delay Time(s) (mi) Speed LOS Oleander Avenue III 30 41.0 38.8 79.8 0.3 14.6 D 1-805 NB Ramps III 30 17.6 25.7 43.3 0.1 10.4 E 1-805 SB Ramps III 30 23.8 5.5 29.3 0.2 23.0 C Total III 82.4 70.0 152.4 0.6 15.0 D N:11244ISynchroIREVISED Exising AM with Improvements +14D.sy6 Page 1 WBM LlNScOcOS5-FF51 4/9/2003 Existing AM Peak Hour wllmprovements + 150 vehicles Arterial Level of Service: EB Olympic Parkway Arterial Fiow Running Signal Travel Dist Arterial Arterial Cross Street Class Speed Time Delay Time(s) (mi) Speed LOS 1-805 SB Ramps III 30 29.0 16.1 45.1 0.2 18.2 C 1-805 NB Ramps III 30 23.8 3.8 27.6 0.2 24.5 B Oleander Avenue III 30 17.6 21.2 38.8 0.1 11.6 E Total III 70.4 41.1 111.5 0.5 17.5 D Arterial Level of Service: WB Olympic Parkway Arterial Flow Running Signal Travel Dist Arterial Arterial Cross Street Class Speed Time Delay Time(s) (mi) Speed LOS Oleander Avenue III 30 41.0 39.7 80.7 0.3 14.4 D 1-805 NB Ramps III 30 17.6 25.7 43.3 0.1 10.4 E 1-805 SB Ramps III 30 23.8 5.5 29.3 0.2 23.0 C Total III 82.4 70.9 153.3 0.6 14.9 D N:11244ISynchroIREVISED Exising AM with Improvements +150.sy6 Page 1 WBM LlNScOcOS5-FF51 4/9/2003 Existing AM Peak Hour w/lmprovements + 160 vehicles Arterial Level of Service: EB Olympic Parkway Arterial Flow Running Signal Travel Dist Arterial Arterial Cross Street Class Speed Time Delay Time(s) (mi) Speed LOS 1-805 SB Ramps III 30 29.0 16.1 45.1 0.2 18.2 C 1-805 NB Ramps III 30 23.8 3.7 27.5 0.2 24.5 B Oleander Avenue III 30 17.6 21.1 38.7 0.1 11.6 E Total III 70.4 40.9 111.3 0.5 17.5 D Arterial Level of Service: WB Olympic Parkway Arterial Flow Running Signal Travel Dist Arterial Arterial Cross Street Class Speed Time Delay Time(s) (mi) Speed LOS Oleander Avenue III 30 41.0 40.5 81.5 0.3 14.3 D 1-805 NB Ramps III 30 17.6 25.7 43.3 0.1 10.4 E 1-805 SB Ramps III 30 23.8 5.5 29.3 0.2 23.0 C Total III 82.4 71.7 154.1 0.6 14.8 D N:11244ISynchroIREVISED Exising AM with Improvements +160.sy6 Page 1 WBM LlNSCOCOS5-FF51 COU. NCIL AGENDA STATEMENT Item: j8 Meeting Date: 4/15/03 ITEM TITLE: SUBMITTED BY: REVIEWED BY: Resolution approving the Three-Party Agreement between the City of Chula Vista, Delorenzo, Inc., Landscape Architects, and The EastLake Company for Landscape Architectural Services, and authorizing the Mayor to execute said Agreement. Director of Building an,,~ark Construction ,~ Director ofRecreatiorf~ ~"~ · ~-/'~ Director of Public Works Operation[~~' City Managel~}Z'Vo/' (4/Sths Vote: Yes No X ) The EastLake Company proposes to develop a Neighborhood Park within the EastLake Vistas Community in satisfaction of the parkland obligation for the project. RECOMMENDATION: That Council adopt the Resolution approving the Three-Party Agreement between the City of Chula Vista, The EastLake Company, and Delorenzo Inc. for Landscape Architectural Services. BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable. This item was presented to the Park and Recreation Commission on March 20, 2003 as an information item. DISCUSSION: Back~round In satisfaction of the City Parkland Dedication Ordinance, in partial satisfaction for entitlements received for the EastLake llI project, and in satisfaction of Conditions of Approval for the EastLake Vistas project, the EastLake Company is providing a 'turn-key' public neighborhood park on approximately 12-acres located north of Olympic Parkway, east oft he Salt Creek Corridor, and west of the Otay Lakes reservoir. To realize this neighborhood park a landscape architectural design finn is needed to provide a Neighborhood Park Master Plan. Consultant Selection Process The unique and special nature of the proposed park site within the EastLake Vistas subdivision generates a natural desire for the park to be developed to its fullest potential. To achieve an above average quality design concept for this unique park site, the Landscape Architecture Division staff Page 2, Item: Meeting Date: 4/15/03 coordinated a design competition for the design of the park. The design competition provided for the selected candidates the ability to design the park with the primary consideration being the unique and special nature of the park site including; the geographic location of the park, the view potential of the park and the potential for a superior aesthetic quality in the park's ambiance. A Selection Committee was created with City staff members from the Landscape Architecture Division, Recreation Department, Public Works Operations Deparlment, Planning Department and a representative from the EastLake Company. The Selection Committee, following the City's Purchasing Ordinance process described within the Municipal Code, having publicly advertised and receiving submittals, interviewed eight firms and selected four firms to submit design concepts. The four concepts were submitted and judged by the Selection Committee without the Committee knowing which firms were responsible for which submittal. From the four concepts submitted, the Committee selected one as most appropriate for further consideration. The selected park concept will be developed into a proposed Park Master Plan by the firm that submitted it. This Plan will be presented to Council for approval. The selected Consultant represents that they are experienced and staffed in a manner such that they can prepare and deliver the required services to the City. This Agreement has been negotiated in accordance with the procedures set forth in Section 2.56.110 of the Chula Vista Municipal Code. Scooe of Work Under the terms of this Agreement and in conjunction with City staff, Delorenzo Inc. will prepare a Neighborhood Park Master Plan. Upon successful completion of the Master Plan work effort the City may decide to continue the park's development with Consultant providing design development, construction documents, and construction administration phases of work. Ifa continuation of the development is determined to be in the City's interest, an amendment shall define phases and Consultant services and will be presented in the future to City Council for consideration. The detailed scope of work for the Consultant is set forth in the attached Three Party Agreement. Contract Pavment: The total not-to-exceed amount to be paid to the Consultant is $60,000.00. The Project Applicant has previously paid monies to the City in partial satisfaction of the Project's Parkland Acquisition and Development Obligation. The City has these monies in a deposit account and will use the money to pay for the Consultant's services. The City will also receive a standard administration fee amounting to 10% of the Contract. The Project's Applicant will also reimburse the City for any staff time associated with the implementation of the Contract through a separate staffprocessing deposit account that has already been established. Conclusion Page 3, Item: Meeting Date: 4/15/03 Staffbelieves, based upon a full understanding of the issues involved, that the City will realize an increased benefit in the recreational resources available to the residents of Chula Vista. Staff recommends, based upon the benefits of this agreement, that the City Council approve the proposed Agreement. FISCAL IMPACT: There will be no resulting impact to the General Fund. Delorenzo Inc. consulting fees will be paid by the Project Applicant (The EastLake Company) through existing deposit accounts. Attachment: Three Party Agreement - Delorenzo Inc. RESOLUTION NO. 2003- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE THREE-PARTY AGREEMENT BETWEEN CITY OF CHULA VISTA, DELORENZO, INC., LANDSCAPE ARCHITECTS, AND EASTLAKE COMPANY FOR LANDSCAPING ARCHITECTURAL SERVICES, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, The Eastlake Company proposes to develop a Neighborhood Park within the Eastlake Vistas Community in satisfaction of the parkland obligation for the project; and WHEREAS, to achieve an above average quality design concept for this unique park site, the Landscape Architecture Division staff coordinated a design competition for the design of the park; and WHEREAS, a Selection Committee was created with City Staff members from the Landscape Architecture Division, Recreation Department, Public Works Operation Department, Plarming Department and a representative from the Eastlake Company; and WHEREAS, the selected Consultant, Delorenzo/mc will prepare a Neighborhood Park Master Plan; and WHEREAS, this Plan will be presented to Council for approval. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve a Three-Party Agreement between City of Chula Vista, Delorenzo, Inc.,Landscape Architects, and The Eastlake Company for Landscape Architectural Services, a copy of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized to execute said Agreement on behalf of the City of Chula Vista. Presented by Approved as to form by Dave Byers Director of Public Works J:~attomeyXreso~AgreementsX3 party landscaping Eastlake Vistas 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 /dOff Ann Moore City Attorney Dated: 5"/-/,9 - THREE-PARTY AGREEMENT BETWEEN CITY OF CHULA VISTA, DELORENZO, INC., LANDSCAPE ARCHITECTS, AND EASTLAKE COMPANY FOR LANDSCAPING ARCHITECTURAL SERVICES Three Party Agreement Bet, ween City of Chula Vista, Delorenzo Incorporated Landscape Architects, Consultant, and The EastLake Company LLC, Applicant For Consulting Work to be Rendered with regard to Un-named Neighborhood Park within the EastLake Vistas Project 1. Parties This Agreement is made as of the reference date set forth in Exhibit A, for the purposes of reference only, and effective as of the date last executed by the parties hereto, between the City of Chula Vista ("City") herein, a municipal corporation of the State of Califomia, the person designated on the attached Exhibit A as "Consultant" Delorenzo Incorporated Landscape Architects whose business fonm and address is indicated on the attached Exhibit A, and the person designated on the attached Exhibit A as "Applicant" The EastLake Company LLC., (ELC) A California Corporation whose business form and address is indicated on the attached Exhibit A, and is made with reference to the following facts: 2. Recitals, Warranties and Representations. 2. I. Warranty of Ownership. Applicant warrants that Applicant is the owner of land ("Property") commonly known as, or generally located as, described on Exhibit A, Paragraph 1, or has an option or other entitlement to develop said Property. 2.2. Applicant desires to develop the Property with the Project described on Exhibit A, Paragraph 2, and in that regard, has made application ("Application") with the City for approval of the plan, map, zone, or other permits ("Entitlements") described on Exhibit A, Paragraph 3. 2.3. In order for the City to process the Application of Applicant, Work of the general nature and type described in Exhibit A, Paragraph 4, ("Work") will need to be completed. 2.4. City does not presently have the_ '.'ir~rhouse" staff or resources to process the application within the time frame requested for review by the Applicant. 2.5. This agreement proposes an arrangement by which Applicant shall retain, and be liable for the costs of retaining, Consultant, who shall perform the services required of Consultant by this Agreement solely to, and under the direction of, the City. 2.6. Additional facts and c/rcumstances regarding the background for this agreement are set forth on Exhibit B; 3ptyagmt April 15, 2003 City of Chula VistafDelorenzo Inc./The EastLake Company Page 1 Agreement. NOW, THEREFORE, IT IS MUTUALLY AGREED TO AND BETWEEN THE CITY, CONSULTANT, AND APPLICANT AS FOLLOWS: 3.1. Employment of Consultant by Applicant_. Consultant is hereby engaged by the Applicant, not the City, and at Applicant's sole cost and expense, to perform to, and for the primary benefit of, City, and solely at City's direction, all of the services described on the attached Extfibit A, Paragraph 4, entitled "General Nature of Consulting Services", ("General Services"), and in the process of performing and delivering said General Services, Consultant shall also perform to and for the benefit of City all of the services described in Exhibit A, Paragraph 5, entitled "Detailed Scope of Work", ("Detailed Services"), and all services reasonable necessary to accomplish said General Services and Detailed Scope of Work, and shall deliver such documents required ("Deliverables") herein, all within the time frames herein set forth, and in particular as set forth in Exhibit A, Paragraph 6, and if none are set forth, within a reasonable period of time for the diligent execution of Consultant's duties hereunder. Time is of the essence of this covenant. The Consultant does hereby agree to perform said General and Detailed Services to and for the primary benefit of the City for the compensation herein fixed to be paid by Applicant. In delivering the General and Detailed Services hereunder, the Consultant shall do so in a good, professional mmmer consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations, at its own cost and expense except for the compensation and~or reimbursement, if any, herein promised, and shall furnish ali of the labor, technical, administrative, professional and other personnel, all supplies and materials, machinery, equipment, printing, vehicles, transportation, office space and facilities, calculations, and ail other means whatsoever, except as herein otherwise expressly specified to be furnished by the City or Applicant, necessary or proper to perform and complete the work and provide the Services required of the Consultant. 3.2. Compensation of Consultant. Applicant shall compensate Consultant fc~r all services rendered by Consultant without regard to the conclusions reached by the Consultant, and according to the terms and conditions set forth in Exhibit C adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, by paying said amount to the City, within 15 days of Consultant's billing, or in accordance with the security deposit provisions of Paragraph 3.3 and Exhibit C, if checked, and upon receipt of such payment by the City, City shall promptly, not later than 15 days, or in accordance with the Bill Processing procedure in Exhibit C, if checked, pay said amount to the Consultant. City is merely acting in the capacity as a conduit for payment, and shall not be liable for the compensation unless it receives same fi-om Applicant. Applicant shall not make any payments of compensation or otherwise directly to the Consultant. 3ptyagmt April 15, 2003 City of Chula Vista/Delorenzo Inc./The EastLake Company Page 2 3.2.1. Additional Work. If the Applicant, with the concurrence of City, determines that additional services ("Additional Services") are needed from Consultant of the type Consultant is qualified to render or reasonably related to the Services Consultant is otherwise required to provide by this Agreement, the Consultant agrees to provide such additional services on a time and materials basis paid for by Applicant at the rates set forth in Exhibit C, unless a separate fixed fee is otherwise agreed upon in writing for said Additional Work between the parties. 3.2.1.1. In the event that the City shall determine that additional work is required to be performed above and beyond the scope of work herein provided, City will consult with Applicant regarding the additional work, and if thereupon the Applicant fails or refuses to arrange and pay for said Additional Services, the City may, at its option, suspend any further processing of Applicant's Application until the Applicant shall deposit the City's estimate of the costs of the additional work which the City determines is or may be requ/red. Applicant shall pay any and all additional costs for the additional work. 3.2.2. Reductions in Scope of Work. City may independently, or upon request from Consultant, from time to time reduce the Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. Upon failure to agree, the City may unilaterally reduce the Fixed Fee by the amount of time and materials budgeted by Consultant for the Services deleted. 3.3. Security for Payment of Compensation by Applicant. 3.3. I. Deposit. As security for the payment of Consultant by Applicant, Applicant shall, upon execution of this Agreement, deposit the amount indicated on Exhibit C as "Deposit Amount" with the City, as lrustee for Consultant, the conditions of such trust being as indicated on Exhibit C and as herein below set forth: 3.3.1.1 Other Terms o f Deposit Trust. 3.3.1.1.1. City shall also be entitled to retain from said Deposit all costs incurred by City for which it is entitled to compensation by law or under the terms of this agreement. 3.3.1.1.2. All interest eamed on the Deposit Amount, if any, shall accrue to the benefit of, and be used for, Trust purposes. City may, in lieu of deposit into a separate bank account, separately account for said deposit in one or more of its vahous bank accounts, and upon doing so, shall proportionately distribute to the Deposit Trust, the average interest earned during the period on its general fund. 3ptyagmt April 15, 2O03 City of Chula Vista/Delorenzo Inc./The EastLake Company . t Page 3 3.3.1.1.3. Any unused balance of Deposit Amount, including any unused interest earned, shall be returned to Apphcant not later than 30 days after the termination of this Agreement and any claims resulting there from. 3.3.1.1.4. Applicant shall be notified within 30 days after of the use of the Deposit in any manner. Nothing herein shall invalidate use of the Deposit in the manner herein authorized. 3.3.1.1.5. At such time as City shall reasonably determine that inadequate funds remain on Deposit to secure future compensation likely due Consultant or City, City may make demand of Applicant to supplement said Deposit Amount in such amount as City shall reasonably specify, and upon doing so, Applicant shall, within 30 days pays said amount ("Supplemental Deposit Amount") to City. Said Supplement Deposit Amount or Amounts shall be governed by the same terms of trust governing the original Deposit. 3.3.2. WithholdingofProcessing. In addition to use of the Deposit as security, in order to secure the duty of Applicant to pay Consultant for Services rendered under this agreement, City shall be entitled to withhold processing of Applicant's Application upon a breach of Applicant's duty to compensate Consultant. 4. Non-Service Related Duties of Consultant. 4.1. Insurance. Consultant represents that it and its agents, staff and subconsultants employed by it in connection with the Services required to be rendered, are protected against the risk of loss by the following insurance coverage's, in the following categories, and to the limits specified, policies of ~vhich are issued by Insurance Companies that have a Best's Rating of"A, Class V" or better, or shall meet with the approval of the City: 4.1.1. Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 10. 4.1.2. Commercial General Liability_Insurance including Business Automobile Insurance coverage in the amount set forth in Exhibit A, Paragraph 10, combined single limit applied separately to each project away from premises owned or rented by Consultant, which names City and Applicant as an Additional Insured, and which is primary to any policy which the City may otherwise carry ("Primary Coverage"), and which treats the employees of the City and Applicant in the same manner as members of the general public ("Cross-liability Coverage"). 4.1.3. Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 10, unless Errors and Omissions coverage is included in the General Liability policy. 3ptyagmt April 15, 2003 City of Chula Vista/Delorenzo Inc./The EastLake Company Page 4 4.2. Proof of Insurance Coverage. 4.2.1. Certificates of Insurance. Consultant shall demonstrate proof of coverage herein required, prior to the commencement of services required under this Agreement, by delivery of Certificates of Insurance demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. 4.2.2. Policy Endorsements Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's Commercial General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City and Applicant demonstrating same. 4.3. Public Statements._ All public statements and releases to the news media shall be the responsibility of the City and the Applicant. The Consultant shall not publish or release news items, articles or present lectures on the Project, either during the course of the study or after its completion, except on written concurrence of the City and Applicant. 4.4. Communication to Applicant._ Consultant shall not communicate directly to the Applicant except in the presence of the City, or by writing an exact copy of which is simultaneously provided to City, except with the express consent of City. The Consultant may request such meetings with the Applicant to ensure the adequacy of services performed by Consultant. 5. Non-Compensation Duties of the Applicant. 5.1. Documents Access. The Applicant shall provide to the Consultant, through the City, for the use by the Consultant and City, such documents, or copies of such documents requested by Consultant, within the possession of Applicant reasonably useful to the Consultant in performing the services herein required of Consultant, including but not limited to those described in Exhibit A, Paragraph 7. 5.2. Property Access. The Applicant hereby grants permission to the City and Consultant to enter and access the Property, to take any borings, make any tests, conduct any surveys or reconnaissance necessary to deliver the Services of Consultant, subject to the approval of the Applicant.. Consultant shall promptly repair any damage to the subject property occasioned by such entry and shall indemnify, defend, and hold Applicant harmless from ali loss, cost, damage, expenses, claims, and liabilities in connection with or arising from any such entry and access. 3ptyagrn't April 15, 2003 City of Chula Vista/Delorenzo Inc./The EastLake Company Page 5 5.3. Communication to Consultant. Applicant shall not communicate directly to the Consultant except in the presence of the City, or by writing an exact copy of which is simultaneously provided to City, except with the express consent of City. The Applicant may request such meetings as they desire with the Consultant to ensure the adequacy of services performed by Consultant. 6. Administrative Representatives. Each party designates the individuals ("Administrators") indicated in Exhibit A, Paragraph 8, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. 7. Conflicts of Interest 7.1. Consultant is Designated as an FPPC Filer. If Consultant is designated on Exhibit A, Paragraph 9, as an "FPPC filer", Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report his economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 9 of Exhibit A, or ill, one are specified, then as determined by the City Attorney. 7.2. Decline to Participate. Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant lmows or has reason to know Consultant has a financial interest other than the compensation promised by this A~eement. 7.3. Search to Determine Economic Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the term is used in the regulations-p~omulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this agreement. 7.4. Promise Not to Acquire Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the term of th/s Agreement which would constitute a conflict of interest as prohibited bythe Fair Political Practices Act. 3ptyagmt April 15, 2003 City of Chula Vista/Delorenzo Inc./The EastLake Company Page 6 I' -II 7.5. Duty to Advise of Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the City Attorney of City if Consultant learns of an economic interest of Consultant's that may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. 7.6. Specific Warranties Against Economic Interests. Consultant warrants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in the property which is the subject matter of the Project, or in any property within 10 radial miles from the exterior boundaries of the property which is the subject matter of the Project, or ("Prohibited Interest"). Consultant further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates by Applicant or by any other party as a result of Consultant's performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration of this Agreement. Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party that may be in conflict with Consultant's responsibilities under this Agreement. 8. Default of the Consultant for Breach. This agreement may be terminated by the City for default if the Consultant breaches this agreement or if the Consultant refuses or fails to pursue the work under this agreement or any phase of the work with such diligence which would assure its completion within a reasonable period of time. Termination of this agreement because of a default of the Consultant shall not relieve the Consultant from liability of such default. 9. City's R/ght to Terminate Payment for Convenience, Documents. 9.1. Notwithstanding any other section or provision of this agreement, the city shall have the absolute right at any time to terminate this agreement or any work to be performed pursuant to this agreement. 9.2. In the event of termination of this agreement by the City in the absence of default of the Consultant, the City shall pay the Consultant for the reasonable value of the services actually performed by the Consultant up to the date of such termination, less the aggregate of all sums 3ptyagrnt April 15, 2003 City o f Chula Vista/Delorenzo Inc./The EastLake Company Page 7 previously paid to the Consultant for services performed after execution of tiffs agreement and prior to its termination. 9.3. The Consultant hereby expressly waives any and all claims for damage or compensation arising under tiffs agreement, except as set forth herein, in the event of such termination. 9.4. In the event of termination of this agreement, and upon demand of the City, the Consultant shall deliver to the City, all field notes, surveys, studies, reports, plans, drawings and all other materials and documents prepared by the Consultant in performance of this agreement, and all such documents and materials shall be the property of the City; provided however, that the Consultant may retain copies for their own use and the City shall provide a copy, at Appl/cant's cost, of all such documents to the Applicant. 9.5. Applicant shall have no fight to terminate Consultant, and shall not exercise any control or direction over Consultant's work. 10. Administrative Claims Requirement and Procedures No suit shall be brought arising out of this agreement, against the City, unless a claim has first been presented in writing and filed with the City of Chula Vista and acted upon by the City of Chula Vista in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Murficipal Code, the provisions of wiffch are incorporated by this reference as if set fully set forth herein. 11. Hold Harmless and Indemnification 11.1. Indemnification and Hold Harmless Agreement. With respect to any liability, including but not limited to claims asserted or costs, losses, attorney fees, or payments for injury to any person or property caused or claimed to be caused by the acts or omissions of the Consultant, or the Consultant's employees, agents and officers, arising out of any services performed involving this project, except liability for Professional Services covered under Section 11.3 the Consultant agrees to defend, indemnify, protect and hold harmless the City, its agents, officers, or-employees from and against all liability. Also covered is liability arising from, connected with, caused or claimed to be caused by the active or passive negligent acts or omissions of the City, its agents, officers, or employees wkich may be in combination with the active or passive negligence acts or omissions of the Consultant, its employees, agents, or officers, or any tiffrd party. The Consultant's duty to defend, indemnify, protect, and hold harmless shall not include any claims or habilities arising from the sole willful misconduct of the City, its agents, officers, or employees. This Section in no way alters, affects or modifies the Consultant's obligations and duties under Section 1 herein and Exhibit A, Paragraphs 4 entitled "Services - - General" and Paragraph 5 entitled "Detailed Services" 3ptyagmt April 15, 2003 City of Chula VistafDelorenzo Inc./The EastLake Company Page 8 1'7'i 11.2. Indemnification for Professional Services As to the Consultant's professional obligations, work or services involving this Project, the Consultant agrees to defend, indemnify and hold harmless the City, its agents, officers, and employees fi.om and against any and all liability, claims, costs, and damages, including but not limited to, attorneys fees, losses or payments for injury to any person or property, caused directly or indirectly from the negligent acts, errors or omissions of the Consultant or the Consultant's employees, agents, or officers. 11.3. Applicant to Indemnify City re Compensation of Consultant. Applicant agrees to defend, indemn/fy and hold the City harmless against and fi.om any and all claims, losses, damages, expenses or expenditures of City, including its elected officials, officers, employees, agents, or representatives of the City ("City Indemnitees"), in any way resulting from or arising out of the refusal to pay compensation as demanded by Consultant for the performance of services required by this Agreement. 12. Business Licenses Applicant agrees to obtain a business license from the City and to otherwise comply with Chula Vista Municipal Code, Title 5. Applicant further agrees to require Consultant to obtain such business license and to comply with Chula Vista Municipal Code, Title 5. 13. Ownership, Publication, Reproduction and Use of Material All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or 15atent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. 14. Miscellaneous. 14.1. Consultant not authorized to Represent City. Unless specific~ally authorized in writing by City, neither Consultant nor Applicant shall have authority to act as City's agent to bind City to any contractual agreements whatsoever. 14.2. Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be 3ptyagmt April 15, 2003 City of Chula Vista/Delorenzo Inc./The EastLake Company Page 9 deemed to have been properly g/ven or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, r~gistered or certified, with return receipt requested, at the addresses identified for the parties in Exhibit A. 14.3. Entitlement to Subsequent Notices. No notice to or demand on the parties for notice of an event not herein legally required to be given shall in itself create the fight in the parties to any other or further notice or demand in the same, similar or other circumstances. 14.4. Entire Agreement. This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. 14.5. Capacity of Parties. Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement; that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. 14.6. Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. 14.7. Modification. No modification or waiver of any provision of Shis Agreement shall be effective unless the same shall be in writing and si~maed by the parties hereto, and then shall be valid only in the specific instance and for the purpose for which given. 14.8. Counterparts. This Agreement may be executed in more than one counterpart, each of which shall be deemed to be an original but all of which, when taken together shall constitute but one instrument. 3ptyagmt April 15, 2003 City of Chula Vista/Detorenzo Inc./The EastLake Company Page 10 14.9. Severability. In the event that any provision of this Agreement shall for any reason, be determined to be invalid, illegal, or unenforceable in any respect, the parties hereto shall negotiate in good faith and agree to such amendments, modifications, or supplements to this Agreement or such other appropriate action as shall, to the maximum extent practicable in light of such determination, implement and give effect to the intentions of the parties as reflected herein. 14.10. Headings. The captions and headings in this Agreement are for convenience only and shall not define or limit the provisions hereof. 14.11. Waiver. No course of dealing or failure or delay, nor the single failure or delay, or the partial exercise of any fight, power or privilege, on the part of the parties shall operate as a waiver of any rights herein contained. The making or the acceptance of a payment by either party with knowledge of the existence of a breach shall not operate or be construed to operate as a waiver of any such breach. 14.12. Remedies. The rights of the parties under this Agreement are cumulative and not exclusive of any rights or remedies which the parties might otherwise have unless this Agreement provides to the contrary. 14.13. No Additional Beneficiaries. Despite the fact that the required performance under this agreement may have an affect upon persons not parties hereto, the parties specifically intend no benefit therefrom, and agree that no performance hereunder may be enforced by any person not a party to this agreement. Notwithstanding the foregoing, this is a three party agreement and the City is an express third party beneficiary of the promises of Consultant to provide services paid for by Applicant. (End of Page. Next Page is Signature Page.) 3ptyagrnt April 15, 2003 City of Chula Vista/Delorenzo Inc./The EastLake Company Page 11 Signature Page Now therefore, the parties hereto, having read and understood the terms and conditions of this agreement, do hereby express their consent to the terms hereof by setting their hand hereto on the date set forth adjacent thereto. Dated: City of Chula Vista Attest: By: Steve Padilla, Mayor Susan Bigelow City Clerk Approved as to Form: Ann Moore City Attorney Dated: Dated: Consultant: Delorenzo Incorporated Landscape Architects Applicant: The EastLake Co~LLC, By: Guy As~ -- By: 3ptyagmt April 15, 2003 City of Chula Vista/Delorenzo Inc.frhe EastLake Company Page 12 Exhibit A Reference Date of Agreement: April 15, 2003 Effective Date of Agreement: April 15, 2003 City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910 Consultant: Delorenzo Inc. Landscape Architects Business Form of Consultant: ( ) Sole Proprietorship ( ) Partnership (X) Corporation Address: 1775 Hancock Street, Suite 150, San Diego, CA 92110 Applicant: The EastLake Company, A California Corporation Business Form of Applicant: ( ) Sole Proprietorship ( ) Partnership (X) Corporation Address: 900 Lane Avenue, Suite 100, Chula Vista, CA 91914 1. Property (Commonly known address or General Description): The City of Chula Vista has approved a Tentative Subdivision Map (Map) known as EastLake III Vistas and Woods, Chula Vista Tract 01-09, which includes a 12-acre Neighborhood Park site. The Map also includes the capacity for 1,444 total dwelling units, an elementary school site, a middle school site, open space lots, a fire station, two Community Purpose Facilities (CPF) sites, two commercial sites and four multi-family lots. Project Description ("Project"): -. ~-'. Neighborhood Park: The 12-acre park site is located south of Otay Lakes road, east of the EastLake Vistas development, north and west of Wueste road. The site overlooks the Otay Lakes reservoir and includes a trail corridor connection to the City's "Greenbelt" trail system. The Park site has been mass graded with the adjacent subdivision. The park site, because of the adjacency to the Lower Otay Reservoir has been designed to drain to the west and 3ptya~mmt April 15, 2003 City of Chula Vista/Delorenzo Inc./The EastLake Company Page 13 away from the reservoir to protect the water quality of the reservoir. The park grading is subject to change as the master planning work effort determines appropriate. Entitlements applied for: Approved Tentative Map Tract 01-09, Approved and furore Final Maps for EastLake Woods, Approved and future Final Maps for EastLake Vistas. General Nature of Consulting Services ("Services - - General"): 4.1 Park Master Plan - Provide professional Landscape Architectural Services as required to prepare, submit and obtain the Approval from the City Council for an EastLake Vistas Neighborhood Park Master Plan. Plan shall be prepared and all Consultant services shall be performed to the satisfaction of the Director of Building and Park Construction. Plan shall consist of a Preliminary Master Plan, Draft Master Plan, Final Draft Master Plan and Approved Master Plan with accompanying support documents as outlined in Paragraph 5 as a Detailed Scope of Work. 4.2 Addenda to Contract Scope of Work - Parties acknowledge that the Scope of Services and/or Fees may be expanded upon successful completion of the master planning work effort, as defined solely by the City and if agreeable to the City, to continue the park's development with Consultant providing design development, construction documents and construction administration phases of work. Addenda shall define phases and Consultant services and shall be presented to City Council for Approval. Detailed Scope of Work ("Detailed Services"): Consultant shall provide the following services all to the satisfaction of the Director of Building and Park Construction: 5.1 Park Programming - The prehminary park programming used to prepare the Master Plan is subject to change by the City as a result of the work effort. The preliminary progamming is established at this time to include the following: 1. Two (2) Soccer fields with 40-foot candle lighting 2. Seven (7) Picnic tables, some witlrBBQ's and shade structures 3. One (1) Tot lot with play equipment targeting different age groups 4. One (1) Basketball court with lighting 5. ResJroom and parks operations maintenance building 6. Community trail loop around or through the park site 7. Automobile parking 8. Open lawn areas 5.2 The master plan work effort shall include a review by the Consultant of this pro~amming and provide a determination for the appropriateness of the programming for this park site and if appropriate make recommendations to the City for modification. 3ptyagmt April 15, 2003 City of Chula Vista/Delorenzo Inc./The EastLake Company Page 14 5.3 Research, Inventory and Site Analysis: Provide an analysis of existing site conditions related to park program.' Consult with City and Applicant regarding opportunities, constraints of existing site conditions and current design. Evaluate and describe opportunities and constraints in graphic form including the following: · Circulation and access · Adjacent conditions and uses · Soil and hydrology · Adjacent wetland and open space · Orientation to climate and sun · Orientation to views and spatial pattems From information provided by City and Applicant: · Legal and physical boundaries · Holdings and easements · Historical or archaeological significance · Applicable ordinances · Zoning, codes and guidelines 5.4 Evaluate and Refine Conceptual Master Plan: Conceptual Master Plan shall be that submitted and selected by Staff in the EastLake Vistas Design Competition process. Evaluate pros and cons of Conceptual Master Plan and work with City and Applicant to refine Conceptual Master Plan including the following: · Refined program modules · Order of magnitude costs · Conceptual ideas for alternatives · Architecture and facility diagrams · Site cross-sections · Functional relationships · Social relationships · Aesthetic and environmental opportunities 5.5 Develop the refined, preferred scenario Conceptual Master Plan in four stages as 1) a Preliminary Master Plan, 2) a Draft Master Plan, 3) a Final Draft Master Plan and 4) an Approved Master Plan (Deliverables 1,2,3 and 4). Develop and incorporate the following elements at each of the four stages: - - ~ ~. · All existing and proposed improvements · Park and recreational facilities clearly identified · Open space areas · Trail system (pedestrian, bicycling, hiking, equestrian) · Types of fencing, retaining and freestanding walls. · Walkways, pedeslrian and vekicular circulation, interface, and protections and parking · Irrigation mainline layout, with proposed and existing water meters · Areas to receive conventional irrigation, temporary, drip, or none (as applicable). · Water conservation measures. · Lighting concepts 3ptyagmt April 15, 2003 City of Chula Vista/Delorenzo Inc./The EastLake Company Page 15 · Indicate plant palette (botanical and common name), with types, location sizes, and percentage of quantity by size, both proposed and existing and the stated design function and purpose of each type: o Slope and erosion control treatment o Street trees o Seeding and container stock o Distinguish between groundcovers or lawn areas and method of separation o Relative drought tolerance of materials proposed o Relative fire retardance of materials proposed o Maintenance responsibilities and boundaries · Grading design and drainage intent · Signage and monumentation · Property lines, easements, and deed restrictions · Paved, unpaved areas, and types of paving · Views (on-site and off-site) opportunities, preservation, and enhancements · Implementation plan (Schedule) · Phasing plan (if appropriate) · Estimate of probable construction costs with 15% contingency. The total construction cost shall equal the City provided park construction budget. · Architectural thematic design of building(s) including: thematic elevations, programming to establish building footprint and estimate of probable costs with 15% contingency. 5.6 Filing Application: Prepare the appropriate plans and documents which are required by the City and complete and submit the Park Master Plan Processing Application Form. 5.7 Estimate of Probable Cost: Provide an itemized analysis of costs of all elements of the PROJECT. Review with the City and Applicant. Work with City and Applicant to develop a cost strategy including the budget and/or phasing of improvements. 5.8 Meetings: Consultant shall provide written agendas and meeting notes for ali meetings: · Pre-Application Meeting: Meet with the Applicant and the City to familiarize the Consultant with design issues and expectations related to development of the park fi.om the point of view of both the Applicant and the. City. Review the park program and elements with appropriate agencies. · Refined Scenario Meetings: Present refinements of Conceptual Plan to City and Applicant as necessary to obtain City staff approval. · Periodic Meetings: Attend all meetings as listed in Exhibit D attached hereto. · Park and Recreation Commission Presentation: Present the Draft Park Master Plan to the Park and Recreation Commission for review and comment. Respond to comments as directed by Commission and City Staff. Present to P&R Commission refinements until Draf~ Park Master Plan is found acceptable to the P&R Corn_mission. Provide revisions or response to any conditions of approval. 3pryagmt April 15, 2003 City of Chula Vista/Delorenzo Inc./The EastLake Company Page 16 · City Council Presentation: Present the Final Draft Park Master Plan to City Council for Approval. Respond to comments as directed by Council and City Staff. Present to City Council refinements until Draft Park Master Plan is found acceptable to City Council. Provide revisions or response to any conditions of approval. 5.9 City Approval: Upon request continue working with City staff and the Director of Building and Park Construction to obtain written approval of the Park Master Plan from the City Council. 5.10 Additional Services: Include but are not limited to: · Revisions and changes to City and Applicant approved drawings. · Presentations to Public Agencies or meetings beyond those listed in the above Scope of Services. · Preparation of design alternatives after the approved Preliminary Master Plan. · Additional services will be performed on an hourly basis only upon the prior written approval of the City at the rates set forth in Exhibit C. Documents to be provided by Applicant to Consultant: Upon request from City, all legal maps, grading plans, soils reports, site survey plans (drawn to scale) indicating at a minimum - topographic contours at 1' intervals; spot elevations of existing structures, streets, curbs, walks; utility equipment/fixtures, runs and easements; property botmdaries; aerial photograph in orthographic projection printed to standard scale; all existing plant material with individual identification of all trees over 2" diameter trunk with labeling of location, trunk diameter at breast height, canopy spread and species and other support documentation necessary for the Consultant to perform the services described in Paragraph 4 and 5 above. 7. Schedule, Milestone, Time-Limitations within which to Perform Services (See "Processing Task Summary Table - Attachment D") 7.1 Date for Commencement of Consultant Services: (X) Same as Effective Date of Agreement 7.2 Deliverables - The work for this ph~ will be in the form of scaled, dimensioned drawings as necessary to communicate the design intent, sizes and material selection for all scope items. The instruments will be prepared in AutoCAD ® Release 14 on base plans issued by the City and Applicant. The base plans will be in AutoCAD ® Release 14, and will be fully coordinated with other consultant's work prior to issuance to Consultant. · Instruments of Service / Electronic Media: o Hard copy, original drawings and specifications are the deliverable instruments of service. If work is prepared in electronic media format the Consultant will provide electronic copies. 3ptyagmt April 15, 2OO3 City of Chula Vista/Delorenzo Inc./The EastLake Company Page 17 7.3 Dates or Time Limits for Delivery of Deliverables: Deliverable No. 1: Due no later than 7 weeks from date of Commencement of Consultant Services Preliminary Master Plan: Colored for presentation purposes: · Site Plan at appropriate scale (1) copy · Site Cross Sections at appropriate scale (as needed to communicate design intent) · Plan view (floor plan) of building(s) (1) copy · A list of proposed construction materials and colors (1) copy Deliverable No. 2: Due no later than 11 weeks from date of Commencement of Consukant Services. Draft Park Master Plan: Colored and mounted for presentation to Parks and Recreation Commission purposes: · Site Plan at appropriate scale (1) copy · Site Cross Sections at appropriate scale (as needed to communicate design intent) · Plan view of Buildings with programming completed to define the building footprint, floor plan and costs (1) copy · Elevations (all sides) of buildings at ¼" scale (1) copy · Entry Sketch perspective drawing (1) copy · A construction materials and colors sample board (1) copy Additional Product: · Written text (8 ½" x 11") providing complete information on concept, implementation, cost estimate, phasing, and all other information necessary to commun/cate the Draft Park Master Plan (1) each Deliverable No. 3: Due no later than 16 weeks from date of Commencement of Consultant Services. Final Draft Park Master Plan: Colored and mounted for presentation to City Council purposes: . ~. · Site Plan at appropriate scale (1) copy · Site Cross Sections at appropriate scale (as needed to communicate design intent) · Plan view of buildings with programming completed to define the building footprint, floor plan and costs (1) copy · Elevations (all sites of buildings at ¼" scale (1) copy · Entry sketch perspective drawing (1) copy · A construction materials and colors sample board (1) copy 3ptyagmt April 15, 2003 City of Chula Vista/Delorenzo Inc./The EastLake Company Page 18 Additional Product: * Written text (8 ½" x 11") providing ~omplete information on concept, implementation, cost estimate, phasing and all other information necessary to communicate the Final Draft Park Master Plan (1 each) * Full color, reduced (8 ½" x 11") reproductions of the Site Plan, Sections, Elevations, and Entry drawings (1 each) Deliverable No.4: Due no later than 20 weeks from date of Commencement of Consultant Services. Approved Park Master Plan: Colored and mounted for presentation purposes to reflect any changes as a result of presentation to City Council: · Site Plan at appropriate scale (1) copy · Site Cross Sections at appropriate scale (as needed to communicate design intent) · Plan view of buildings with programming completed to define the building footprint, floor plan and costs (1) copy · Elevations (all sites of buildings at ¼" scale (1) copy · Entry sketch perspective drawing (1) copy · A construction materials and colors sample board (1) copy Additional Product: · Written text (8 ½" x 11") providing complete information on concept, implementation, cost estimate, phasing and all other information necessary to communicate the Approved Park Master Plan (1 each) · Full color, reduced (8 ½" x 11") reproductions of the Site Plan, Sections, Elevations, and Entry drawings (1 each) · One set of reproducible for all of the above Deliverable No. 5: All tasks as listed within Exhibit D attached hereto to be accomplished no later than the week number to which it corresponds on Exhibit D. 7.4 Date for completion of all Consultant services: Twenty (20) weeks from the date of this .Agreement. Times for performance may be extended in the sole discretion of the Director of Building and Park Construction. Contract Administrators, City: John Krizan Department of Building and Park Construction 1800 Maxwell Road, Chula Vista, CA 91910 Phone No. (619) 397-6004 Fax No. (619) 397-6295 3ptyagmt April 15, 2003 City of Chula VistaiDelorenzo Inc./The EastLake Company Page 19 Applicant: Guy Asaro The EastLake COmpany, A California Corporation 900 Lane Avenue, Suite 100, Chula Vista 91914 Phone No. (619) 42t-0127 Fax No. (619) 421-1830 Consultant: Nick Delorenzo Deiorenzo Incorporated 1775 Hancock Street, Suite 150, San Diego, CA 92110 Phone No. (619) 295-5115 Fax No. (619) 297-2354 9. Statement of Economic Interests, Consultant Reporting Categories, per Confiict of Interest Code: (X) Not Applicable. Not an FPPC Filer. ( ) Category No. 1. Investments and sources of income. ( ) Category N6.2. Interests in real property. ( Category No. 3. Investments, interest in real property and sources of income subject to the regulatory, permit or licensing authority of the department. Category No. 4. Investments in business entities and sources of income, which engage in land development, construction or the acquisition or sate of real property. Category No. 5. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the City of Chula Vista (Redevelopment Agency) to provide services, supplies, materials, machinery or equipment: Category No. 6. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the designated employee's department~'to provide services, supplies, materials, machinery or equipment. ( ) Category No. 7. Business positions. 10. Insurance Requirements: (x) (x) (x) ( Statutory Worker's Compensation Insurance Employer' s Liability Insurance coverage: $1,000,000 Commercial General Liability Insurance: $1,000,000 Errors and Omissions insurance: None Required 3ptyagmt April 15, 2OO3 City of Chula Vista?Delorenzo Inc./The EastLake Company Page 20 (x) (included in Commercial General Liability coverage) Errors and Omissions insurance: '$500,000.00 (not included in Commercial General Liability coverage) 1 I. California Business and Professions Code / Section 5616 / Disclosure: Landscape Architects are regulated by the State of California. Any questions concerning a Landscape Architect may be referred to the Landscape Architects Tech_rfical Committee at: Landscape Architects Technical Committee 400 R Street Suite 4000 Sacramento, California 95814 (916) 445-4954 3ptyagrnt April 15, 2003 City of Chula Vista/Delorenzo Inc./The EastLake Company Page 21 Exhibit B Additional Recitals WHEP,_EAS, the Applicant has deposited an initial sum for the necessary work and identifying scope of work for community park master plan as outlined in Exhibit "A" and, WHEREAS, public notice of the required architectural services was g/ven to the American Society of Landscape Architects and in a paper of general circulation, inviting prospective Consultants to submit proposals, letters of interest and/or apphcations to be on the list of qualified Landscape Architectural Consultants, and WHEREAS, the Consulting firm of Delorenzo Incorporated has significant expertise and experience in preparing park master plan documents within the San Diego and project area, and WI-IEREAS, the Office of Building and Park Construction has negotiated the details of this agreement in accordance with procedures set forth in Sections 2.56.220-224 of the Chula Vista Municipal Code. 3ptyagmt April 15, 2003 City of Chula Vista~elorenzo Inc./The EastLake Company Page 22 Exhibit C 1. Compensation Schedule and Deposit: Terms and Conditions. (X) Time and Materials For performance of the General and Detailed Services of Consultant as herein required, Applicant shall pay Consultant for the productive hours of time and material spent by Consultant in the performance of said Services, at the rates or mounts set forth herein below according to the following terms and conditions: (X) Not-to-Exceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Consultant of time and materials in excess of said Maxknum Compensation amount, Consultant agrees that Consultant wilt perform all of the General and Detailed Services herein required of Consultant for $60,000.00 including all Materials, and other "reimbursables" ("Maximum Compensation"). Rate Schedule: Breakdown of Consultant Hourly Fees for EastLake Vistas Neighborhood Park Staff Hourly Rate Delorenzo Inc. Principal 150.00 Senior Landscape Architect 95.00 Project Managers 85.00 Landcape Architect 85.00 Project Designers/Planners 75.00 Drafting/Designers 60.00 Word Processing 50.00 Non-technical Staff 50.00 Permitted Subconsultants: McKinley Associates Architect Principal 165.00 Associate 125.00 Project Architect 110.00 Job Captain 95.00 CADD Drafting 85.00 Draf~sperson 75.00 Clerical 50.00 Expert Witness 250.00 The May Group Civil Engineer Office Rate 90.00 Field Rate (two man crew) 144.00 3ptyagmt April 15, 2003 City of Chula Vista/Delorenzo Inc./The EastLake Company Page 23 BSE Engineering Inc. Electrical Engineer Principal Electrical Engineer 125.00 Senior Engineer 110.00 Senior Project Coordinator 110.00 Project Engineer 95.00 Project Coordinator 95.00 Electrical Engineer 85.00 Senior Electrical Designer 75.00 Electrical Designer 70.00 CAD Drafter 60.00 Clerical 40.00 Geotechnics Inc. Geotechnical Engineer Principal Engineer/Geologist 140.00 Senior Engineer/Geologist 110.00 Project Engineer/Geologist 90.00 Staff Engineer/Geologist 80.00 Expert Testimony (min. 4 hours)300.00 Engineering Technician 60.00 Engineering Technician equipped with Field Vehicle and Nuclear Density Gage For Earthwork Testing 70.00 Engineering Technician Supervisor70.00 Draftsperson 50.00 Word Processor 45.00 Technical Assistant 45.00 Accountant 50.00 Registered Special Inspector 60.00 Materials Technician ACI Reg. 55.00 Materials Separately Paid For by Applicant: All materials provided to Applicant, including: ( X ) Materials Reports Copies ( X ) Travel ( X ) Printing ( X ) Postage ( X ) Delivery, ( X ) Long Distance Telephone Charges ( X ) Other Actual Identifiable Direct Costs Cost plus 15% Cost plus 15% Cost plus 15% Cost plus t5% Cost plus 15% Cost plus 15% Cost plus 15% Deposit For the purposes of this Agreement, "Deposit" shall be defined as the deposit Applicant has paid to the City in satisfaction of the subdivision's Parklands obligation. 3ptyagmt April 15, 2003 City of Chula Vista/Delorenzo Inc./The EastLake Company Page 24 (X) Deposit Amount: $4,349,310.80to date (X) Use of Deposit to Pay Consultant. Notwithstanding the sole duty and liability of Applicant to pay Consultant, iftkis paragraph is "checked", upon City's receipt of billing by Consultant, and determination by City in good faith that Consultant's billing is proper, a judgment for which Applicant agrees to hold City harmless and waive any claim against City, City shall pay Consultant's billing fi.om the mount of the D~pnsit. If Applicant shall protest the propriety of a billing to City in advance of payment, City shall consider Applicant's protest and any evidence submitted prior to the due date for the payment of said bill by Applicant in mal~ng its good faith determination of propriety. ( ) Use of Deposit as Security Only; Applicant to Make Billing Payments. Upon determination by City made in good faith that Consultant is entitled to compensation which shall remain unpaid by Applicant 30 days alter billing, City may, at its option, use the Deposit to pay said billing. (X) Bill Processing: A. Consultant's Billing to be submitted for the following period of time: (X) Monthly ( ) Quarterly ( ) Other: B. Day of the Period for submission of Consultant's Billing: (X) First of the Month ( ) 15th Day of each Month ( ) End of the Month ( ) Other: C. City's Account Number: 00860:2751 D. Security for Performance ( ) Performance Bond, $ ( ) Letter of Credit, $ ( ) Other Security: (X) Retention: Il'this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant sooner, the City shall be entitled to retain, at their option, the following Retention 3ptyagmt April 15, 2003 City of Chula VistarDelorenzo Inc./The EastLake Company Page 25 Percentage until the City determines that the Retention Release Event, listed below, has occurred: (X) Retention Percentage: 10% ( ) Retention Amount: $ Retention Release Event: (X) Completion of All Consultant Services to the satisfaction of, and as solely determined by the Director of Building and Park Construction. ( ) Other: 3ptyagmt April 15, 2003 City of Chula Vista/Delorenzo Inc./The EastLake Company Page 26 Exhibit D EastLake Vistas Neighborhood Park Master Plan Processing Task Summary WeekNumber Meet w/Staff StaffReview 1 X X 2 X 3 X X 4 X 5 X X 6 X 7 X X 8 X 9 X X 10 X 11 12 X X 13 ~- 14 X 15 16 X X 17 X 18 X 19 X X 20 X X Activity Descril~tion Collection of Relevant Information (Site Facility and Project Budget) Collection of Relevant Information (Site Facility and Project Budget) Review programming expectations (Site Analysis & Program synthesis) Consultant refines Concept Plan and prepares Preliminary Master Plan & budget Consultant refines Concept Plan and prepares Preliminary Master Plan & budget Consultant refines Concept Plan and prepares Preliminary Master Plan & budget Consultant submits Preliminary MP & budget Deliverable No. I Staff prepares response to Preliminary Master Plan Consultant prepares Draft Master Plan, budget building concepts, elevations, grading, etc. Consultant prepares Draft Master Plan, budget building concepts, elevations, grading, etc. Consultant submits Draft Master Plan & budget Deliverable No. 2 Staff review*/Schedule Parks and Recreation Commission (PRC) heating Staff prepares PRC report Parks and Recreation Commission hearing* Consultant prepares Final Draft_Master Plan & budget, incorporates revisions, updates drawings Consultant submits Final Draft_Master Plan & budget Deliverable No. 3 Staff review*/Schedule City Council hearing Staff prepares Council report City Council hearing* Consultant submits Approved Master Plan Deliverable No. 4 * Schedule reflects plan that requires no additional review by discretionary entity. 3ptyagmt April 15, 2003 City of Chula Vista/Delorenzo Inc./The EastLake Company Page 27 Better CiBes-A Better Life April 7, 2003 RECEIVED API 10 Ail :4 7 TY 0LERK S 0FFIOf! L aque 0[ l: li[0rni (ities To: The Honorabh9 Mayor and City Council From: John Russo, League President, City Attorney, Oakland Re: Designation of Voting Delegate for a Special Meeting (May 15th) of the ~Lea~be-Sf Ci, i[lifornia cities General Assembly Response required by May 9. The Executive Committee el~ the League Board of Directors has called a Special Meeting of the General Assembly of the League on Thursday, May 15, 2003 at the Sacramento Community Center Theatre, beginning at 1:00 p.m. The purpose of this Special Meeting is to consider one or more proposals prepared by the Board of Directors concerning the state budget and state- local fiscal reform. It is important that all cities be represented at this Special Meeting on Thursday, May 15, at 1:00 p.m. at the Sacramento Community Center Theatre. The meeting should be over by 3:30 p.m. (estimated). League bylaws state that "'Any official of a Member City may, with the approval of the city council, be designated th(~ city's designated voting dblegate or alternate delegate to any Leagde meeting. Designadted voting delegates (or their alternates) constitute the League's General Assembly." To expedite the conduct of business at this important meeting, each city council should designate a voting representative and an alternate who will be present at the meeting. League bylaws provide that "representatives of each Member City present and in good standing collectively cast one vote." A voting card will be given to the city official designated by the city council on the enclosed "Voting Delegate Form." Please complete and return the enclosed "Voting Delegate Form" to the Sacramento office of the League at the earliest p:)ssible time (not later than Friday, May 9, 2003), so that proper records may be established for the conference. The voting delegate may pick up the city's voting card at the designated Voting Card desk located in the lobby of the Sacramento Community Center Theatre The Voting Card desk will be open from 11:30 a.m. - 1:00 p.m. in the lobby of the Sacramento Community Center Theatre. The voting procedures to bE, followed at this conference are printed on the reverse side of this memo. Your help in returning the attached "Voting Delegate Form" as soon as possible is appreciated. If you have any questions, please call Lorraine Okabe at (916) 658-8236. 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OJ C :J n 1""'1"'1""'1'" en _. OJ 0 :J :J :J 0 C....,.. OJLT1 =0 "<0 . :EO' -. ...þ. c..~ CD 0 o "'C OJ n -. ~ ...., CD c.. C ~ -. o ::J . ::::!:! CD CD 1""'1'" Nn · 00 U) » ~ ::J 0-0 < '< fIr OJ CD CT"" -.;::+ C'D~ 0 CD OJ ~ c.. c.. :J -- -. (J) ë§ CD CD en :J 2'CDd: ([) 3 ...., - CD a. _. C'D >< ::::!:! ..., 1""'1"',... -. C \1,' ë§ ...., CD a. CD 1""'1'" ,..,. --tI 0 a 3 OJ:;O Õ- CD .0.. Q..C ñ)- @ ~o.. m 3 -- en en -- o :J en BUILDING INDUSTRY ASSOCIATION OF SAN DIEGO COUNTY 6336 Greenwich Drive, Suite A San Diego, CA 92122-5922 (858) 450-1221 FAX (858) 552-1445 www.biasandiego.org PRESIDENT Kent Aden The Otay Ranch Company VICE PRESIDENT Mike Levesque Greystone Homes, Inc. TREASURER/SECRETARY Scot Sandstrom Western Pacific Housing a D,R, Horton Company IMMEDIATE PAST PRESIDENT Mike Neal H,G, Fenton Company CHIEF EXECUTIVE OFFICER Paul A, Tryon California Building Industry Association National Association of Home Builders National Association of Industrial and Office Properties April 15, 2003 Honorable Steve Padilla City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91912-1087 Dear Mayor Padilla, The Building Industry Association has been infonned of the Council's desire to limit housing units beyond the purview of the GMOC threshold standards. Although the City will be authorizing individual agreements with various landowners, we feel that it's important for the BrA to object to any consideration of a citywide permit.monitoring program. New homebuyers seeking housing in Chula Vista will pay their fair share for inrrastructure that supports the regions mobility and vitality. We feel that the pace of housing development is in proportion to the needs of the community, and that the GMOC provides the proper controls to ensure that inrrastructure keeps up with the quality oflife issues described in the program. In summary, the BlA remains in support of the current GMOC program and the need to protect quality oflife in balance with providing housing to the community, but does not support a citywide permit-monitoring program, Sincerely, 7 J e Livingston Staff Counsel cc: Chula Vista City Council Members League of~Califomia Cities ~i.pecial Meetinq of Leaque General Assembly Votinq Procedures Each member cil:y has a right to cast one vote on matters pertaining to League policy. To cast the city'~ vote, a city official must have in his or her possession the city's voting card and be registered with the Credentials Committee. Prior to the Special Meeting, each city should designate a voting delegate and an alternate and return the Voting Delegate Form to the League Credenlials Committee. The voting dele!;,:late, or alternate, may pick up the city's voting card at the voting card desk in the lobby of the Sacramento Community Center Theatre. Free exchange ,:)f the voting card between the voting delegate and alternate is perr"fitted. If neither the vo:ing delegate nor alternate is able to attend the Special Meeting, the voting delegate or alternate may pass the voting card to another official from the same city by appearing in person before a representative (~f the Credentials Committee to make the exchange. Prior to the Special Meeting, exchanges may be made at the "Voting Card" table in the Sacramento Community Center Theatre lobby. At the Special Meetin,(I, exchanges may be made at the "Voting Card" table located in the theatre area. Exchanges may not be made if a roll call vote is in progress because the Credentials Committee will be conducting the roll call. In case of dispute, the Credentials Committee will determine the right of a city official to vote at the Special Meeting.