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Agenda Packet 1998/06/16
"1 declare tinder penalty of perjury that I am emr~o e~ h7 ~e Fi~;, of Chula Vista in the ~n ~ ~het I posted Council Chambers Tuesday, June 16, 1998 this ~ ell .:?.>i s,r::~ :,a :i~t}ieiin Board at Public Settees Building 5:30 p.m. the Put,lc S~rvices E~t I. Sog r. nd at City Hall on City of Chnla Vista City Council SPECIAL MEETING CLOSED SESSION AGENDA Effective Ap~l 1, 1994, there have been new ameodmeats to the Brown Act. Unlexx the City Attorney, the Ci~ Manager or the Ci~ Council states othe~ise at this time, the Council wiE discuss anti deliberate on the following items of buxi~ess which are pe~titted by law m be the subject of a closed xesxio~ dixc~x5io~, a~d whic~ t~e CouncE is ~dvised should be discussed in cloxed session to best protect the interests of the Ci~. ~e Co~ncil ix required by law to retur~ to open sesxio~, issue a~y reports of ~nal action take~ in closed session, and the votes taken. However, due to the typical length of time taken ap by closet/sessioos, the videotaping will be terminated at t~is point in order to sore costs so that the Cottncil's return from closed sexsion, reports of ~nal action taken, and adjournment will not be videotaped. Nevertheless, the report of final action taken will be recorded in the minutes which wiE be available in the City Clerk's Office. 1. CONFERENCE WITH LEGAL COUNSEL REGARDING - Existing litigation pursuant to Government Cede Section 54956.9 · Luna v. City of Chela Vista. ® Hawkins v. City of Chula Vista. · Wolt~ v. City of Chula Vista. · Griffin v. City of Chnla Vista. · Ortiz Corporation v. City of Chula Vista and Otay Project LLC. CONFERENCE W1TH LABOR NEGOTIATOR - Ih~rsuant ta Government Code Section 54957.6 · Agency negotiator: David Rowlands or designee tYr CVEA, WCE, POA, IAFF, Executive Management, Mid-Management, and Unrepresented. Employee organization: Chnla Vista Employees Association (CVEA) and Western Council of Engineers (WCE), Police Officers Association (POA) and International Association of Fire Fighters (IAFF). Unrepresented employee: Execative Management, Mid-Management, and Unrepresented. 2. REPORT OF ACTIONS TAKEN IN CLOSED SESSION "1 declare under penalty of perjury that 1 as ~1 by t~-e City of Chu!~ Vista in the Tuesday, Juae 16, 1998 t is A~en~a]~o;ioe on the [;,~'ll~' n Board at the pu!31ic 9.Seryices Building r-~°n~,, Council Chambers 6:00 p.m. DATED~ ~.__~//~ SIGNED,~// '- Puhlic Services Building Rellular Meetiug .f the City of Chtlht Vista City Cuum'il CALL TO ORDER 1. ROLL CALL: Councihnelnbers Moot__, Padilla~, Rindone~. Salas~, and Mayor Horton~. 2. PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE 3. APPROVAL OF MINUTES: June 2, 1998. 4. SPECIAL ORDERS OF THE DAY: A. l%'oclaiming Sahu'day, June 20 aad Sunday, .lune 21, 1998 as "Relay l~)r Life Days" in the City. Mayor Horton will present the proclamation to Dr. Art Garcia, Chair of the American Cancer Society, Relay fin' Lite Days. CONSENT CALENDAR (ltem.~ 5 through 12) lite staff recommendations regarding the following itents listed under the Consent Calendar will be enacted by the Council by one motioa without discussioa unless a Coancihne,tber, a member of the public, or City staff requests that the item be pulled for rliscassiott. If you wish to speak on one of these items, please fill out a "Request to Speak Form ' available in the lobby attd subudt it to the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed after Board and Commission Recommendations attd Action Items. Items pulled by the public will be the first items of bast,ess. 5. WRITTEN COMMUNICATIONS: A. Letter frmn the City Attoruey staling thai to the best uf his knuwledge from observance of actions taken iu Closed Session on 6/9/98, that there were no reportable actions under the Brown Act to be reported. It is recommended that the letter he received and filed. B. Letter ot' resigmttim~ from Ihe Economic Development Commission - William C. Tuchscher, Il. It is recommended that the resignation he accepted with regrel and the City Clerk be directed to post immediately according to the Maddy Act m the Clerk's Office and the Public Library. 6. RESOLUTION 19038 ACCEPTING THE AGREEMENT FOR TttE SECOND YEAR OF A THREE YEAR USED OIL RECYCLING BLOCK GRANT #UBGS-96-2055 FROM THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD, AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS IN CONJUNCTION WITH ADMINISTERING THE GRANT AND APPROPRIATING $89,472 FOR FISCAL YEAR 1998/99 TO IMPLEMENT THE GRANT - The Califi~rnia Used Oil Enhancement Act requires the collection of l()ttr cents ti:)r every quart of lubricating oil sold, transferred anti imported into Calit'ornia I¥om ()il manufacturers. Chula Vista consemers pay fi)ur cents per quart into the fi]nd ~vh~n they purchase ()il. Thc Act mandates the California Integrated Waste Management Board use a portion of the flmds to provide block grants to local (Conservation Coordinatol) 4/Sth's w)te required. Agenda -2- .hme 16, 1998 7. RESOLUTION 19039 ACCEPTING BIDS AND AWARDING PURCHASING AGREEMENTS FOR LANDSCAPE MAINTENANCE SERVICES FOR OPEN SPACE DISTRICTS 1, 2, 3, 4, 5, 6, 7, 8, 9, 11, 14, 15, 17, 18, 20, 23, 24, 26, 31, BAYFRONT, AND TELEGRAPH CANYON ROAD - On April 4, 1998, an advertisement was placed in the Star New.v, La Prt, tlxa, and &Itt Diego Daily Transo'il)t soliciting bids ti~)r the landscape maintenance ctmtracts {if open space nlalntenance districts throughout the City. In addition, 116 pr()spective bidders fl-o~n tile Purchasing Agent's bid list, including 13 local contractors, were notified by mail. On April 23. 1908, a mandat(~ry pre bid c(ml~rence and tour of areas to be maintained was held fi)r interested contractors; 18 prospective bidders attended. On May 7, 1998, l~)ur contractors submitted bids on SOlne or all of the nlaintenanc¢ districts. One local contractor submitted a bid, hut was not competdive tot any district bids. Start recommends approval of thc resolution. (Director of Finance and Director of Pnhlic Works) 8. RESOLUTION 19040 ACCEPTING BIDS AND AWARDING A PURCHASING AGREEMENT FOR LANDSCAPE MAINTENANCE SERVICES FOR OPEN SPACE DISTRICT 10 TO R.C. LANDSCAPE - Based upon thc advice ot the City AIIorncy, this ilem has heen separated due to conflict in this district. Staff recommends appr~val of the res(>lution. (Directm' {~f Finance and Director of Public Works) 9. RESOLUTION 19041 ACCEPTING BIDS AND AWARDING A PURCItASING AGREEMENT FOR LANDSCAPE MAINTENANCE SERVICES FOR EASTLAKE LANDSCAPE MAINTENANCE DISTRICT - Based upon tbe advice of the City Att~>rney, this item has been separated due to conflict of interest concerns. A Councihnemher owns propt'rty sui~ject to the open space maintenance contracts in this district. Staff recommends approval ol the resoluti{*n. (Dircct(~r of Finance and DirectorofPublicWorks) 10. RESOLU'TION 19042 APPROVING FIFTH AMENDMENT TO AGREEMENT WITH SAN DIEGO TRANSIT CORPORATION FOR UNIFIED TELEPItONE INFORMATION SYSTEM - On July 19, 1980, South Coast Organization Operating Transit (SCOOT) entered into an agreement with San Diego Transit Corporation (SDTC) fin' Regional Transit Telephone [nfilrmation Service. This service provides Chula Vista Transit (CVT) ridcls with schedule infi~rmation both {1~ CVT and l)n all fixed route transit systmns operating m the county. On July I. 1993. SCOOT was dissolved, and the agreement for this telephone inlk~rmation service was changed heginning in fiscal year 1993/94 to be with the City of Chula Vista. This fifil'~ amendment to the agreement i~ilr fiscal y~ar 1998/99 continues CVT's participation m this Regional Transit lnfimnatmn System at a cost of $29,821, a 19.5 % decrease Ii'om the fiscal year 1997/98 cost of $35,640. Staff recommends approval of the resolution. (Director of Public Works) 11.A. RESOLUTION 1904.t APPROVING FINAL "A" MAP NUMBER 1 FOR TRACT NUMBER 96-04, OTAY RANCH SPA ONE VILLAGE 1, REJECTING ON BEIIALF OF TIlE PUBLIC EAST PALOMAR STREET, MONARCHE DRIVE, SANTA FLORA ROAD, GOLD RUN DRIVE, AND POTIONS OF PASEO RANCHERO AND TELEGRAPH CANYON ROAD DEDICATED ON SAID MAP WITHIN SAID SUBDIVISION, ACCEPTING ON BEItALF OF THE CITY EASEMENTS GRANTED ON SAID MAP WITHIN SAID SIIBDIVISION, ACKNOWLEDGING ON BEHALF OF THE PUBLIC THE IRREVOCABLE OFFERS OF DEDICATION OF OLYMPIC PARKWAY AND PORTIONS OF PASEO RANCIIERO, AND ACKNOWLEDGING ON BEHALF OF THE CITY THE IRREVOCABLE OFFERS OF DEDICATION OF FEE INTEREST OF LOTS "A" THROUGH "E" FOR OPI~2N SPACE AND OTHER PIJBLIC PURPOSES AND LOTS "F" AND "R" FOR PUBLIC PARK PURPOSES - On Nl~ven~her 19. 11~%, Council approved thc Tentative Subdivision Map fi>r Tract 96-04, Otay Ranch SPA One. Condition Nurnbel 117 requires the developer to submit and obtain approval of the City of a master final map ("A" Map) over tile portion of the tentative map within each Village area showing "super block" lots. The "A" Map is also reqnired to show the backborte street dedications and utility easements required t{~ serve the "super block" h~ts. All "super block" lots created are als() required to have access to a dedicated public street. The lirst final "A" Map and associated agreement fi~r Otay Ranch SPA One Village I are n{)w belk~re Cmmcil fi~r approval. Staff recommends approval of the resohltions. (Direclm of Public Wolks) B. RESOLUTION 191144 APPROVING SIIPPLEMENTAI~ SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT NUMBER 96-ll4, OTAY RANCII SPA ()NE VILLAGE I AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Agenda -3- June 16, 1998 12. RESOLUTION 19045 APPROPRIATING FUNDS FROM THE UNAPPROPRIATED BALANCE OF THE TRAFFIC SIGNAL FUND TO REIMBURSE DEVELOPER FOR COSTS INVOLVED IN TRAFFIC SIGNAL RELOCATION AT THE NORTIIEAST CORNER OF FOURTH AVENUE AND "E" STREET - On May 6, 1997, Council authorized the appropriation of $15,000 out of the Traffic Signal Fund for the purpose of reimbursing Tony Zamir who built a dental office building at 397 "E" Street. Evidence submitted by Mr. Zamir indicate that the actual costs of constrnction exceeded $27,000. Additional t;ands must be appropriated to reimburse Mr. Zamir tbr his total costs. Staff recommends approval of the resolution. (Director of Public Works) 4/Sth's yule required. * * * END OF CONSENT CALENDAR * * * ADJOURNMENT TO REGULAR AND/OR JOINT MEETING OF THE REDEVELOPMENT AGENCY ORAL COMMUNICATIONS This is an opportunity for the general pablic to address the City Conncil on any subject matter within the Council's jurisdiction that is no__jt an item ou this age.da for public discussiou. (State law, however, generally prohibits the CiO, Council from takiug action on att), issues not iachtded ou the posted agenda.) If you wish to address the Council ou such a subject, please complete the "Request to Speak Under Oral Communications Form" available itt the lobby and sub.tit it to the City Clerk prior to the meeti.g. Those who wish to speak, please give ),our uame attd address for record purposes arid follow up actiou. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES The following items have been advertised and/or posted as public hearings as required by law. If you wish to speak to any item, please fill out the "Request to Speak Form" available itt the lobby and submit it to the City Clerk prior to the meeting. 13. PIJBLIC HEARING AMENDING SECTION 13.14.150 OF THE MUNICIPAL CODE TO ALLOW DELINQUENT SEWER SERVICE CIIARGES TO BE PLACED ON THE PROPERTY TAX BILL FOR COLLECTION - The City is currently billing approximately 15,000 accounts flit sewer service. Two percent of these accounts become seriously delinquent. If, after extensive collection effi~rts, payment is not made the City obtains a judgement through Small Claims Cm~rt. A lien is then placed against the property, but the City receives no payment until the property is sold or refinanced. Adoption of this ordinance will modif~ this process allowin.~ these delinquent charges to be placed on the property tax bill so paylnent can be received within a year. as opposed to waiting indefinitely. This will increase annual revenues tot he Sewer Fund, as well as greatly enhance the efficiency of the collection process. Staff recommends Council place the ordinance on first reading. (Director of Finance) ORDINANCE 2736 AMENDING SECTION 13.14. 1511 OF THE MUNICIPAL CODE TO ALLOW DELINQUENT SEWER SERVICE CHARGES TO BE PLACED ON THE PROPERTY TAX BILL FOR COLLECTION (first reuding) 14. PUBLIC HEARING CONSIDERING A SERIES OF AMENDMENTS TO MUNICIPAL CODE CHAIWER 9.51I TO ALLOW TIlE ADOPTION AND ADMINISTRATION OF AN ENHANCED AND SIMPLIFIED ENFORCEMENT PROGRAM FOR MOBILEHOME PARK RENT REVIEW - Last year the City's Mobilehome Rent Review Commission conducted two public hearings to solicit public input on how to clarit~ and streamline the Mobilehome Park Space Rent Review Ordinance Number 2251. The proposed changes are the result ~1' this input and hereby recmnmended to be approved by Council. A second general reading of the proposed changes will be required befin'e any changes to the Ordinance ale adopted. Staff recommends Council place the ordinance on first reading. (Director of Community Development) ORDINANCE 2737 AMENDING CltAPTER 9.50 OF THE MIINICIPAL CODE RELATING TO MOBILEIIOME PARK SPACE RENT REVIEW (first reuding} Agenda -4- June 16, 1998 15. PUBLIC HEARING CONSIDERING AN INCREASE IN THE AB 939 FEE TO FUND A HOUSEHOLD HAZARDOUS WASTE EDUCATION AND DISPOSAL PROGRAM FOR CHULA VISTA RESIDENTS AND CONDITIONALLY EXEM PT SMALL QUANTITY GENERATORS -The Cali~bmia integrated Waste Management Act of 1989 (AB 939) reqnires that all cities and counties develop and implement a Household Hazardons Waste Element (HHWE). Cities and counties are subject to civil penalties of up to $10,000 per day tbr thilure to make a good faith et'tbrt to develop and ilnplement their plans. AB 939 fitrther established that a city may impose fees in amounts sufficient to pay the cost of preparing, adopting, and implementing H HWE's as an element of an integrated waste management plan. Staff recommends approval of the resolntion. (Conservation Coordinator) 4/5Ih's vote required. RESOLUTION 19046 INCREASING THE AB 939 FEE TO FUND A HOUSEHOLD HAZARDOUS WASTE DISPOSAL PROGRAM AND APPROPRIATING FUNDS THEREFOR BOARD AND COMMISSION RECOMMENDATIONS This is the time the CiO' Council will consider items which have been forwarded to them for consideration by one of the City's Boards, Conunissions, arid/or Committees. None submitted. ACTION ITEMS The items listed in this section of the agenda are expected to elicit substantial discussions and deliberations by the Council, staff, or members of the general public. The items will be co.sidered individually by the Council and staff recommendations may in certain cases be presented in the alternative. Those who wish to speak, please fill out a "Reqttesl to Speak "form availoble itt the lobby and submit it to the Ci0, Clerk prior to the meeting. 16. ORDINANCE 2738 AMENDING CItAPTER 2.16 OF THE MUNICIPAL CODE ESTABLISHING THE LIBRARY AND RECREATION DEPARTMENT (first reading) - The resignation of the Parks and Recreation Director provided thc City with a tmique opportunity to review its organizational structure with an eye tuward creative cost savings, staff: utilization and program m~plementation as well as making good comnmnity services better. A City Ordinance established the Parks and Recreation Department which combined the services and facilities ol a park department and a departn~ent of recreation. This ordinance abulishes the Parks and Recreation Department and creates a new Library and Recreatinn Department. Staff recommends Council place the ordinance on first reading. (Library Director) 17. RESOLUTION 19047 APPROVING AN AGREEMENTWITH THE BORDERENVIRONMENTAL COMMERCE ALLIANCE (BECA) FOR ADMINISTRATION OF REMAINING ECONOMIC DEVELOPMENT ADMINISTRATION (EDA) GRANT FUNDS FOR CONTINUED OPERATION OF THE BECA PROGRAM, AND AUTHORIZING TtlE MAYOR TO EXECUTE SAME -On March 3, 1998, Council anthorized the tbrmation of a 501(c)(3) n~m-prot'it corporation to assume the role of operation of the BECA progran~, as originally envisioned in the BECA Operational Plan, dated October 12, 1994. The funding mechanism lilt tile BECA program has heen primarily a grant from the U.S. Department of Commerce, Economic Development Administratinn, in the amount of $2 million. Approximately $500,000 is remaining of those fimds. The recmnmended action wonld transf~r the operational responsibility and flmdmg fi*r the BECA program to the newly fimned BECA corporation, pursuant to the goals set fi/rth at the inception nf the BECA program. Staff recommends approval of the resulution. (Director of Comnmnity Development) 18. REPORT COORS AMPHITtlEATER EVENTS MANAGEMENT PLAN AND COMMUNITY PROGRAMS TO BE UNDERTAKEN BY COORS/UNIVERSAL ~ The Conditional Use Permit Monituring Program fur the Coors Amphitheater requires that, prior to the issnance of a Certificate of Occupancy tbr the prqject, the developers (Universal Amphitheaters, Inc.) are to be the lead party in f~)rming an Events Planning and Coordination Task Force fi~r the purpose of developing an Events Management Plan. The Task Force was fi~rmed in January, 1998 and Ihe Evcnls Management Plan was completed on May 5, 1998. Staff recommends Council accept the repro't, review, comnlent and accept tile Events Management Plan, and cmmncnt on fl~e community awareness and educational programs planned by Coors fi~r Chnla Vista. (Director of Community Development and Director of Phmning) Agenda -5- June 16, 1998 ITEMS PULLED FROM THE CONSENT CALENDAR This is the time the City Council will di$ctt$$ items which have been removed from the Consent Calendar. Agenda items pulled at the request of the public will be consMered prior to those pulled by Councilmembers. _OTHER BUSINESS 19. CITY MANAGER'S REPORT(S) A. Scheduling of meetings. B. Fiscal year 1998/99 proposed CIP Program overview. 20. MAYOR'S REPORT(S) 21. COUNCIL COMMENTS ADJOURNMENT The meeting will a~[iourn to (a closed session and thence Io) a special meeting/worksession on Wednesday, June 17, 1998 at 5:30 p.m., Council Conference Room, Administralion Building, thence to a special meeting/worksession on Thursday, June 18, 1998 at 5:30 p.m. m the Cmmcil Cr~n~rence Room, Administration Building, and thence to the regular City Council meeting on June 23, 1998 at 6:00 p.m. in the City Council Chambers. A meeting of the Redevelopment Agency ,,viii b~ held immediately fi~llowing the City Council meeting. CI1~ Of CHULA VISTA OFFICE OF THE CITY ATI'ORNEY Date: June 10, 1998 To: The Honorable Mayor and City Council From: John M. Kaheny, City Attorney~'/'- Re: Report Regarding Actions Taken in Closed Session for the Meeting of 6/9/98 The City Council met in Closed Session on 6/9/98 to discuss Wolfe v. City of Chula Vista, Griffin v. City of Chula Vista; Chula Vista Police Officers Association v. City of Chula Vista; Conference with Legal Counsel Anticipated Litigation -Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: Two cases; and labor negotiations. The City Attorney hereby reports to the best of his knowledge from observance of actions taken in the Closed Session in which the City Attorney participated, that there were no reportable actions which are required under the Brown Act to be reported. JMK: 1 gk / 276 FOURTH AVENUE · CHULA VISTA · CALIFORNIA 91910 · (~$19) 6~1-5037 · FAX (619) 585-5612 II ii ~ RECEIVED 'g8 JUN 10 P3:3g TUCHSCHER DEVELOPMENT ENTERPRISES, Inc. CITY OF CHULA VlSi CITY CLERK'S June 9, 1998 Honorable Mayor Shirley Horton And City Council City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Re: Economic Development Commission Seat - Resignation Dear Honorable Mayor and City Council: It has been a pleasure over the course of eight years to have served the City of Chula Vista's interests on the Economic Development Commission. As many of you may recall, the Commission grew from a concept created by the Chula Vista 2000 Task Force, and, as a "champion" of this concept, I joined ~vith then Mayor Gregg Cox to draft the ordinance establishing the Commission, its makeup, and its roll within our City's government. Since that time, we have all witnessed the Commission evolve to become a strong leadership force within our community. The Commission has concepted, advocated, and implemented economic development strategies that have significantly benefited the City, City Revenues, and created thousands of jobs. The commission has worked on two levels to achieve this, 1) Procedures and Policy, 2) Business attraction and "bricks and mortar" projects. Successes have included (in no particular order) the following: I. Chula Vista Economic Development Plan II. Building Permit Process Streamlining III. Border Environmental Commerce Alliance IV. Work Force Development Resource Guide V. Chula Vista Business Resource Guide VI. High-Tech/Bio-Tech Zone VII. Chula Vista Design Manual Update VIII. MCA Universal Amphitheater IX. Rancho Del Rey Power Center X. WalMart Power Center XI. White Water Canyon Water Park XII. Recommendations to Enhance Industrial Land Inventory (to be presented June 23, 1998) Additionally, I am proud to say that, with the Council's assistance, seated commissioners have included community leaders former council members, planning commissions, and professionals who represent a diverse mix of interests and a strong pool of talent which has heightened productivity and political strength of the commission. The Commission has worked within various private industry groups and maintained close ties with Chamber of Commerce, South County EDC, the Board of Realtors, the Urban SIS -I Honorable Mayor Shirley Horton And City Council June 9, 1998 Page 2 Land Institute, Biocom, UCSD Connect, and other public and private sector groups. I am proud to say that the current commission has a heightened level of commitment and influence. Regretfully, due to new corporate investments that our company is making within Chula Vista's sphere of influence, it becomes prudent for me to resign my position (effective immediately) so as to prevent any perceived future conflict of interest. I am proud to have been a part of the projects listed above, and to be stepping down due to involvement in ne~v multi-million dollar investments that will benefit Chula Vista City revenues and create significant job growth. We are quite literally "putting our money where our mouth is." Our planned investment in the community is absolutely congruent with the further/ng of the Economic Development Commission's goals and objectives, and we look for~vard to many years of continued "private sector" community involvement. Warmest personal regards, TUCHSCHER DEVELOPMENT ENTERPRISES, INC. hscher, I~ WCT/sjd cc: Dave Rowlands, City Manager Chris Salomone, Director of Community Development City Clerk COUNCIL AGENDA STATEMENT Item Meeting Date June 16, 1998 ITEM TITLE: Resolution ~/'~"~Accepting the Agreement for ~e Second Year of a T~ee Year Used Oil Recycling Block Gram ~ UBG5-96-2055 from the CA Imegrated Waste Managemem Board, Authorizing the City Manger to Execute All Documems in Conjunction wi~ Adm~istering the Gram and Appropriating $89,472 for Fiscal Year 1998/99 to Implement ~e Grant. S~MITTED BY: Conservation Coordl~tOr ~VIE~D BY: Ci~ Manage~ ~ ~ (4/5tbs Vote: Yes X No ) BACKGRO~: The California Used Oil E~ancement Act requires ~e collection of four cents for eveu quart of lubricating oil sold, transferred and ~ported into Califor~a from oil manufacturers. Chula Vista co~umers pay four cents per quart into ~e ~nd when they purchase oil. The Act mandates ~e California Integrated Waste Management Board (CIWMB) use a potion of the ~nds to provide block grants to local goverments for used oil programs that encourage recycling. The Council passed Resolution ~18743 on August 5, 1997 accepting ~e t~ee year used oil block grant for $274,026 and authorized ~e appropriation of $94,303 for ~e 1997/98 fiscal year. This resolution au~or~es the appropriation of ~nds to complete the second year of the ~ee year cycle. The grants ~nd used oil public education and recycling programs designed reduce or eliminate ~e conmmi~tion of ~e local watershed caused by ~proper disposal of used oil. This gram cycle would provide $89,472.00 (and any remaining ~nds from 1997/98) to allow the City to continue the primary components of ~e existing programs in ~e 1997/98 fiscal year and at least $89,862 for the 1999/2~0 fiscal year. The state also allows unused ~nds from the first two fiscal years (1997/98 and 1998/99) to be carried forward to the end of the grant cycle. ~COM~NDATION: Approve the resolution, authorizing the City M~ager to execute the gr~t agreement as requested by the state ~d appropriate funds therefore (A~c~ent A). BOA~/COMMISSIONS ~CO~ENDATION: The Resource Conservation Co~ission (RCC) voted umn~ously to reco~ended that City Council approve ~e t~ee year grant application (July 1997-June 2000) at their March 10, 1997 meeting. DISCUSSION: This grant is a "regional" program ~at includes the Cities of Chula Vista, Imperial Beach, National City and Coronado. The progrm targets a regional problem that effects all the Cities · at share ~e South Bay watershed. The primary pu~ose of this block grant is to provide Page 2, Item Meeting Date 6/16/98 $274,026 to continue technical assistance and provide new supplies for the 30 free used oil recycling drop-off centers established and maintained under the previous grants for the next two fiscal years. This grant also funds the Chula Vista and Imperial Beach curbside used oil and oil filter collection program and may fund curbside used oil and filter programs for Coronado and National City if they choose to add them. Grant funds are also used to implement the state required public education component which promotes the used oil curbside and drop-off programs for all participating cities. That public education component will allow the City to continue advertising, portable displays, point of purchase displays, the used oil hotline, billing inserts and other promotional activities throughout the South Bay. Grant funds have also been used to provide oil filter crushers and oil filter collection for at least two automotive related business in each participating city. The grant could also help offset some of the public education and supply costs associated with used oil recovery at the proposed household hazardous waste facility for the South Bay. No local matching funds are required by the State, however the City does invest some public education funds from the Recycling Program and the Non-Point Discharge Elimination Program (NPDES) to fund complimentary activities, including but not limited to the hotline information and reporting program, promotional, and outreach program costs. The grant also provides funds for overhead costs such as appropriate Administration and Finance Department support services. FISCAL IMPACT: The grant will provide $274,026 to implement used oil recycling education and promotion through the year 2000. If approved $89,472 will be appropriated for this year's budget (Attachment B) and approximately $90,000 will be available in the 1999/200 fiscal year. The Council approved the appropriation of $94,303 in 1997/98). There is no additional fiscal impact as a result of the recommended action to adopt the attached resolution. The program does not require matching funds, however it does allow the Conservation Coordinator to more effectively compliment other funds approved by Council for recycling, household hazardous waste and NPDES public education, collection and prevention programs. The grant provides funds to cover direct and overhead costs that are required by the program's implementation. mtm:used oil c:oil.reso 98 oil.wpd Attachments RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE AGREEMENT FOR THE SECOND YEAR OF A THREE YEAR USED OIL RECYCLING BLOCK GRANT #UBG5-96-2055 FROM THE CA INTEGRATED WASTE MANAGEMENT BOARD, AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS IN CONJUNCTION WITH ADMINISTERING THE GRANT AND APPROPRIATING $89,472 FOR FISCAL YEAR 1998/99 TO IMPLEMENT THE GRANT WHEREAS, the California Used Oil Recycling Enhancement Act requires the collection of four cents for every quart of lubricating oil sold, transferred and imported into California from oil manufacturers; and WHEREAS, the Act mandates the California Integrated Waste Management Board use a portion of the funds to provide block grants to local governments for used oil programs that encourage recycling; and WHEREAS, the grant fund used oil public education and recycling programs is designed to reduce or eliminate the contamination of the local watershed caused by improper disposal of used oil; and WHEREAS, Resolution No. 18743 was adopted by the Council on August 5, 1997, accepting the three year used oil block grant for $274,026 and authorized the appropriation of $94,303 for the 1997/98 fiscal year; and WHEREAS, this resolution authorizes the appropriation of funds to complete the second year of the three year cycle and this grant cycle would provide $89,472 (and an estimated $16,500 remaining funds from 1997/98) to allow the City to continue the primary components of the existing programs in the 1997/98 fiscal year and at least $89,862 for the 1999/2000 fiscal year. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista accepts and approves the Agreement for the Second Year of a Three Year Used Oil Recycling Block Grant #UBG5- 96-2055 from California Integrated Waste Management Board. BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized and empowered to execute in the name of the City of Chula Vista all documents in conjunction with administering the grant. BE IT FURTHER RESOLVED that the sum of $89,472 is hereby appropriated to Account 270-2709 as follows: Personnel $11,300 Medicare 5143, 1.45 150 PARS 5145, 3.75 400 Personnel Total $11,850 Staff Services Conservation Coordinator, Finance, Clerical Support (5291) 4,000 Contracts: Hotline, Service of Centers Curbside Service: (5298) 40,000 Vehicle Maintenance and Gas: (5269) 2,000 Materials and Supplies (5398) 31,622 $89,472 Presented by Approved as to form by Michael Meacham, Conservation /John ~ Kahe~, Coordinator Attorne 2 Line Item Budget Used Oil Block Grant # UBG5-96-2055 for $274,026 - through June 30, 2000 270-2709 - Fiscal Year 1998/99 Appropriations Personnel: Salary 5105, 11,300 Medicare 5143, 1.45 150 Pars 5145, 3.75 400 Personnel Total 11,850 Staff Services: Conservation Coordinator, Finance, Clerical Support(5291) 4,000 Contracts: Hotline, Service of Centers Curbside Service: (5298) 40,000 Vehicle Maintenance and Gas: (5269) 2,000 Materials and Supplies: (5398) 31,622 Total 89~472 Pete Wilson Cai~EPA May 28, 1998 6ovcrno, Peter M. Roone5 Secretary for Environmental California Mr. Michael Meacham Environmental City of Chula Vista Protection Agency 276 4th Ave ChulaVista, CA 91910-2631 Integrated Waste Management RE: Used Oil Recycling Block Grant - Fifth Cycle - Board Grant NO. UBG5-96-2055 8800 Cai Center Drive Sacramento, CA 95826 Dear Mr. Meacham: (916) 255-2200 www. ciwmb, ca.gov Congratulations on the award of your Fifth Cycle Used Oil Recycling Block Grant - Year 2. Enclosed is the formal agreement for your grant, which includes the Grant Agreement, Terms and Conditions, and Procedures and Requirements. Please review all of the enclosed documents and: 1. Complete the lines entitled: "Grantee's Signature, Title, Date, and Grantee's Address." Please note the "Authorized Representative" MUST be the person identified in your grant application resolution as having signature authority for your jurisdiction(s) for purposes of this grant. If your resolution includes "or designee," you must submit a letter signed by the primary signature authority naming their designee(s). 2. Return only the Grant Agreement with an original signature no later than June 30, 1998, keeping the other contract documents for your file. Upon receipt of the signed Grant Agreement your IWMB Grant Manager will process the contract and send you a fully executed 00PY- Your grant is not final and you cannot request any payment until you receive the fully executed copy. IMPORTANT: You are responsible for reading the enclosed documents. They describe the proper administration of your Fifth Cycle Used Oil Recycling Block Grant. Pay particular attention to the Procedures and Requirements. These documents should answer most of your questions concerning the administration of your grant. It is also advisable that you provide a cop), of these documents to your finance department. At the recent Statewide Household Hazardous Waste Conference, a number of jurisdictions indicated that they would like to see the reporting requirements for the grants reduced. In response to those concerns we are making a significant change to the reporting of staff time. The changes are as follows: 1. You will not be required to submit the Personnel Expenditure Summary forms if(a) you have accounting codes or task codes specific to the Block Grant to document stafftime spent on grant activities; AND (b) you have submitted this information in writing to your CIWMB Grant Manager and received approval. If you do not currently have task codes to track grant related stafftime you may want to ask your accounting department to establish the code(s) for you (Remember, the original timesheets must be maintained for three years after the expiration of the grant agreement. See Procedures and Requirements, page 8). 2. We will no longer require that personnel costs be broken out by each budget category. Ail personnel time may now be listed under the new category, "Personnel/Other". If it is easier to continue providing your personnel costs by the individual budget categories, you are welcome to continue using this method. 3. We will no longer require you to submit time sheets for your contractors but will require an invoice that clearly states the activities they performed and the time per/od covered as well as the cost. Because audits may be conducted of both the jurisdiction and the contractor, you should remind contractors to maintain source documents, including timesheets. If you have any questions regarding the administration of this grant after you have reviewed the enclosed documents, please contact your IWMB Grant Manager, Janet Page, at (916) 255-2352. We took forward to working with you. Sincerely, Shirley Willd-Wagner, Supervisor Grants and Household Hazardous Waste Section Encls. Grant Agreement Terms and Conditio~ Procedures and R,~rements Personnel Exp~e~qxre Summary Form Payment Re~q~ Form Travel ~o~rm GRANT AGREEMENT UBGE-96-2055 Amend #1 1995/97 Used Oil Recycling B~ock Grants - Fifth Cycle City of Chula Vista TAXPAYER'S FEDERAL EMPLOYER IDENTIFICATION NUMBER TOTAL GRANT AMOUNT NOT TO EXCEED $274,026.00 FROM June 30 1997 June 30, 2000 THIS AGREEMENT is made and entered into on this 29th day of May , 19 9--8 by the State of California, acting through the Executive Director of the California Integrated Waste Management Board (the "State") and City of Chula Vista (the "Grantee") The State and the Grantee, in mutual consideration of the The above referenced agreement is amended as follows: 1997198 Fiscal Year funds total $89,47200 are hereby encumbered (includes filter funds) Exhibit A - Terms and Conditions (revised) Exhibit B - Procedures and Requirements (revised) The State approved application remains incorporated by reference herein and made a part hereof The State agrees to fund work done by the Grantee in accordance with this Agreement up to the Total Grant Amount Not to Exceed specified herein IN WITNESS WHEREOF. the parties hereto have executed this Agreement as of the dates entered below. CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD City of Chula Vista S~GNATURE GRANTEE'S SIGNATURE Ralph E Chandler, Executive Director CERTIFICATION OF FUNDING 1996/97 Used Oil Recycling Block Grants - Fifth Cycle CA Used Oil Recycting $89472.00 OPTIONAL USE) ~RIOR AMOUNT ENCdMBERED 1996197 - $94,30300 1997/98 - $89,47200 1998199 - $89,862.00 S94,303 00 ITOTAL AMOUNT ENCUMBERED TO 3910-602-0100 817 1991 1997/98 S183,775.00 1100-51843-702 hereby certify upon my own personal knowledge that budgeted funds are available ITBANO IBRNO for the perio~ and purpose of the expenditure stated above COUNCIL AGENDA STATEMENT Item 7 Meeting Date 06/16198 ITEM TITLE: Resolution //r~'-'~YAccepting Bids and Awarding Purchasing Agreements for Landscape Maintenance Services for Open Space Districts 1, 2, 3, 4, 5, 6, 7, 8, 9, 11, 14, 15, 17, 18, 20, 23, 24, 26, 31, Bayfront, and Telegraph Canyon Road SUBMITTED BY: Director of Public Work~,, Director of Finance REVIEWED BY: City Manage.~/ (4/$ths Vote: Yes _ No X ) On April 4, 1998, an advertisement was placed in the Star News, La Prensa, and San Diego Daily Transcript soliciting bids for the landscape maintenance contracts of twenty-six open space maintenance districts throughout the City. In addition, one hundred sixteen (116) prospective bidders from the Purchasing Agent's bid list, including thirteen (13) local contractors were notified by mail. On April 23, 1998, a mandatory pre-bid conference and tour of areas to be maintained was held for interested contractors; 18 prospective bidders attended. On May 7, 1998, four contractors submitted bids on some or all of the maintenance districts. One (1) local contractor submitted a bid, but was not competitive for any district bids. RECOMMENDATION: That Council adopt the resolution accepting bids and awarding purchasing agreements to the following Iow bidders: District Contractors Amount 1 R.C. Landscape Company (R.C.'s) $14,719' 2 New Way Professional Landscaping 3,900 Service (New Way) 3 New Way 13,698 4 R.C.'s 27,000 5 R.C.'s 11,515' 6 R.C.'s 5,000 7 New Way 2,855 8 R.C.'s 20,000 9 R.C.'s 19,701 11 R.C.'s 39,800 14 New Way 103,363 15 New Way 4,617* 17 New Way 1,700 18 R.C.'s 49,500 These costs reflect the discounts offered by contractor from original bids. [H:~HOMIE~ARKSREC~A113\06-16-98\OSbids,113 [June 10, 1998 9:36am] Page 2, Item __ Meeting Date 06/16/98 20, Zone 2 Blue Skies 19,318 20, Zone 3 New Way 10,646 20, Zone 4 R.C. Landscape 25,000 20, Zone 5 New Way 224,970 20, Zone 6 R.C. Landscape 31,000 20, Zone 7 R.C. Landscape 77,200 23 New Way 3,500 24 New Way 6,437 26 New Way 2,000 31 New Way 32,761 Bayfront RC.'s 15,800 Telegraph Canyon Road New Way 18,653 BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Sealed bids were received by the City's Purchasing Agent on May 7, 1998, to provide landscape maintenance for all of the City's open space maintenance districts. The Purchasing Agent prepared individual district bid documents versus the cluster district bidding as had been done the previous five years. Bidders were afforded the opportunity to propose cluster discounts based upon cluster groupings of their choice. This allows the City to take advantage of economies of scale from bidders who have existing projects near or adjacent to City Open Space Districts. The City presented the existing cluster groupings to the prospective bidders at the pre-bid conference. Cluster discounts factored in the winning bids in Open Space Districts 1, 5, 10, 14, 24, Telegraph Canyon Road, and Eastlake. All districts received at least one bid; most districts received at least three bids. A summary of each district's bid and the previous year's contract is provided for your information. District Contractors Bid 97-98 Contract 1 R.C. Landscape $14,719 $15,799 New Way 15,524 Blue Skies 30,027 2 New Way 3,900 4,108 R.C. Landscape 4,000 3 New Way 13,698 13,713 R.C. Landscape 17,000 4 R.C. Landscape 27,000 30,575 New Way 30,202 5 R.C. Landscape 11,573 11,732 New Way 11,762 Page 3, Item __ Meeting Date 06/16/98 6 R.C. Landscape 5,000 5,135 New Way 15,194 7 New Way 2,855 3,081 R.C. Landscape 3,000 8 R.C. Landscape 20,000 25,945 New Way 25,792 Blue Skies 39,633 9 R.C. Landscape 19,800 21,121 New Way 22,827 11 R.C. Landscape 39,800 28,860 New Way 49,667 Blue Skies 55,898 14 New Way 103,353 112,350 R.C. Landscape 105,350 Blue Skies 118,975 15 New Way 4,760 5,000 R.C. Landscape 5,000 Blue Skies 5,554 17 New Way 1,700 1,960 R.C. Landscape 1,960 18 R.C. Landscape 49,500 55,458 New Way 51,598 Superior 52,199 Blue Skies 53,914 20 Blue Skies 19,318 14,000" Zone 2 New Way 23,272 20 New Way 10,646 5,200** Zone 3 Blue Skies 10,783 R.C. Landscape 25,000 20 R.C. Landscape 25,000 15,000'* Zone 4 New Way 27,171 Blue Skies 28,926 20 New Way 224,970 185,000** Zone 5 (Renegotiated Price) 20 R.C. Landscape 31,000 32,000** Zone 6 Blue Skies 70,672 New Way 75,247 20 R.C. Landscape 77,200 72,000** Zone 7 Blue Skies 130,590 New Way 138,725 Rough Estimates. No history for bidding by zones. Also, new areas will be added in FY 98-99 in Zones 2, 6, and 7. [H:~HOME~PARKSREC~,113~06-16-98~OSbids.113 [June 10, 1998 9:36am~ 7~* 3 Page 4, Item Meeting Date 06/16/98 23 New Way 3,500 4,108 R.C. Landscape 4,000 Blue Skies 5,880 24 New Way 6,636 7,000 R.C. Landscape 7,000 Blue Skies 10,096 26 New Way 2,000 2,670 R.C. Landscape 2,670 31 New Way 32,761 28,920 Blue Skies 38,154 Bayfront Trolley R.C. Landscape 15,800 11,400 Superior 18,201 Telegraph New Way 19,430 8,385 Canyon R.C. Landscape 19,700 Road Blue Skies 21,680 Superior 38,800 Staff has analyzed all of the bids submitted and are satisfied the work can be accomplished with the work program submitted by the Iow bidders. R.C. Landscape and New Way contractors are currently performing satisfactory work and will need to gear up to take on the extra work. The contract is for one year with five one year options if work performance is satisfactory. Additional extensions of one year shall be by mutual agreement of the Contractor and City. Prices shall be firm for the first contract year. For option years, if it is determined that the San Diego Area Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) has changed, the Contractor may adjust the price quoted to the City by an amount not to exceed the percentage variant in the CPI-W during the previous 12 months or 5%, whichever is less. Only one price adjustment will allowed for each option year and the City reserves the right to accept option year price increases or terminate the contract without penalty. All the Iow bids (except for Districts 11, 20, 31, and Telegraph Canyon Road medians) are lower than the 1997-98 contracts. District 11 is 38% higher than FY 97-98, but is approximately 33% lower than the FY 96-97 contract. In FY 97-98, the contractor, R.C. Landscape, made a mathematical error in favor of the City. Instead of withdrawing the bid, the contractor offered to honor his mistake for one year. FY 98-99 will be the first year District 31, Telegraph Canyon Estates, will be under contract. Previously, maintenance was the responsibility of the Baldwin Company. The Telegraph Canyon Road Medians and parkways were underbid by the existing contractor. Bids received are more realistic. In District 20, El Rancho del Rey, the landscape areas were solicited according to the six zones established by the Engineers Report for SPA I, II and Ill and required by Proposition 218. Previously, landscape contracts were solicited for the entire El Rancho del Rey District as the areas were assumed by the City. If a new area was ready for turnover at mid-year, a contract adjustment would be made to cover costs. This year's bids for the various zones were higher than the previous contracts. Staff evaluated the new bids and found the bids to be more realistic than the previous years' contracts. The previous years' contract bid for District 20 appears to have been a "lowball" bid and was unrealisticly Iow. Because of that, staff has had numerous problems getting the existing contractor to comply with contract terms. The incumbent contractor did not submit any bids for next fiscal year. [H:\HOM E~PARKSREC~,I 13~06-16-98~OSbids.113 [June 10, 1998 9:36am] ~.- ,~ Page 5, Item Meeting Date 06/16198 In District 20, Zone 5, only one bid was submitted ($275, 212). After evaluating several scenarios on how to reduce this bid, staff and the purchasing agent renegotiated with the Iow bidder, New Way Professional Landscape Services and a new bid of $224,970.40 was agreed upon. In accordance with the General Provisions of the bidding document, modification of a successful bid which makes the terms of the bid more favorable to the City will be considered at any time it is received and may thereafter be accepted. FISCAL IMPACT: All maintenance costs will be borne by the respective residents in the Open Space Landscape Maintenance District. The respective budgets of each district will be changed to reflect new maintenance costs. BSOLUT:ONNO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING PURCHASING AGREEMENTS FOR LANDSCAPE MAINTENANCE SERVICES FOR OPEN SPACE DISTRICTS 1, 2, 3, 4, 5, 6, 7, 8, 9, 11, 14, 15, 17, 18, 20, 23, 24, 26, 31, BAYFRONT, AND TELEGP~APH CANYON ROAD WHEREAS, sealed bids were received by the City Purchasing Agent on May 7, 1998, to provide landscape maintenance for all of the City's open space maintenance districts; and WHEREAS, the Purchasing Agent prepared individual district bid documents versus the cluster district bidding as had been done the previous five years; and; and WHEREAS, the following bids were received: District Contractors Bid 97-98 Contract 1 R.C. Landscape $14,719 $15,799 New Way 15,524 Blue Skies 30,027 2 New Way 3,900 4,108 R.C. Landscape 4,000 3 New Way 13,698 13,713 R.C. Landscape 17,000 4 R.C. Landscape 27,000 30,575 New Way 30,202 5 R.C. Landscape 11,573 11,732 New Way 11,762 6 R.C. Landscape 5,000 5,135 New Way 15,194 7 New Way 2,855 3,081 R.C. Landscape 3,000 8 R.C. Landscape 20,000 25,945 New Way 25,792 Blue Skies 39,633 9 R.C. Landscape 19,800 21,121 New Way 22,827 11 R.C. Landscape 39,800 28,860 New Way 49,667 Blue Skies 55,898 14 New Way 103,363 112,350 R.C. Landscape 105,350 Blue Skies 118,975 15 New Way 4,760 5,000 R.C. Landscape 5,000 Blue Skies 5,554 17 New Way 1,700 1,960 R.C. Landscape 1,960 18 R.C. Landscape 49,500 55,458 New Way 51,598 Superior 52,199 Blue Skies 53,914 20 Blue Skies 19,318 14,000' Zone 2 New Way 23,272 20 New Way 10,646 5,200** Zone 3 Blue Skies 10,783 R.C. Landscape 25,000 20 R.C. Landscape 25,000 15,000'* Zone 4 New Way 27,171 Blue Skies 28,926 20 New Way 224,970 85,000** Zone 5 (Renegotiated Price) 20 R.C. Landscape 31,000 32,000** Zone 6 Blue Skies 70,672 New Way 75,247 20 R.C. Landscape 77,200 72,000'* Zone 7 Blue Skies 130,590 New Way 138,725 Rough Estimates. No history for bidding by zones. Also, new areas will be added in FY 99 in Zones 2, 6, and 7. 2 23 New Way 3,500 4,108 R.C. Landscape 4,000 Blue Skies 5,880 24 New Way 6,636 7,000 R.C. Landscape 7,000 Blue Skies 10,096 26 New Way 2,000 2,670 R.C. Landscape 2,670 31 New Way 32,761 28,920 Blue Skies 38,154 Bayfront R.C. Landscape 15,800 11,400 Trolley Superior 18,201 Telegraph New Way 19,430 8,385 Canyon R.C. Landscape 19,700 Road Blue Skies 21,680 Superior 38,800 WHEREAS, staff has analyzed all of the bids submitted and are satisfied the work can be accomplished with the work program submitted by the low bidders; and WHEREAS, R.C. Landscape and New Way contractors are currently performing satisfactory work and will need to gear up to take on the extra work; and WHEREAS, the contract is for one year with five one year options if work performance is satisfactory and additional extensions of one year shall be by mutual agreement of the Contractor and City; and WHEREAS, all the low bids except for Districts 11, 31, and Telegraph Canyon Road medians are lower than the 1997-98 contracts; District 11 is 38% higher than FY 97-98, but is approximately 33% lower than the FY 96-97 contract; and WHEREAS, in District 20, E1 Rancho del Rey, the landscape areas were solicited according to the seven zones estabished by the Engineers Report for SPA I, II and III because under the provisions of Proposition 218, assessment districts which have various zones must be treated as individual assessment areas; and WHEREAS, this year's bids for the various zones were higher than the previous contracts which did not distinguish areas in the various zones, however, staff has evaluated the new bids and although some zone bids are higher, the bids are more realistic compared to previous years contracts which fact is evident by the 3 numerous problems staff encountered with the existing contractor to comply with contract terms; and WHEREAS, the existing contractor's term expires on June 30, and he will not be awarded any new contracts for FY 98-99; and WHEREAS, in District 20, Zone 5, only one bid was submitted ($275, 212) and after evaluating several scenarios on how to reduce this bid, staff and the Purchasing Agent renegotiated with the low bidder, New Way Professional Landscape Services and a new bid of $224,970.40 was agreed upon; and WHEREAS, in accordance with the General Provisions of the bidding document, notification of a successful bid which makes the terms of the bid more favorable to the City will be considered at any time it is received and may thereafter be accepted. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby accept bids and award Purchasing Agreements for Landscape Maintenance Services for Open Space Districts 1, 2, 3, 4, 5, 6, 7, 8, 9, 11, 14, 15, 17, 18, 20, 23, 24, 26, 31, Bayfront, and Telegraph Canyon Road, subject to assessments being levied within the appropriate assessment districts, to the following low bidders: District Contractors Amount 1 R.C. Landscape Company $14,719'* (R.C. 's) 2 New Way Professional 3,900 Landscaping Service (New Way) 3 New Way 13,698 4 R.C.'s 27,000 5 R.C.'s 11,515' 6 R.C.'s 5,000 7 New Way 2,855 8 R.C.'s 20,000 9 R.C.'s 19,701' 11 R.C.'s 39,800 These costs reflect the discounts offered by contractor from original bids. 4 14 New Way 103,363 15 New Way 4,617' 17 New Way 1,700 18 R.C.'s 49,500 20, Zone 2 Blue Skies 19,318 20, Zone 3 New Way 10,646 20, Zone 4 R.C. Landscape 25,000 20, Zone 5 New Way 224,970 20, Zone 6 R.C. Landscape 31,000 20, Zone 7 R.C. Landscape 77,200 23 New Way 3,500 24 New Way 6,437 26 New Way 2,000 31 New Way 32,761 Bayfront R.C.'s 15,800 Telegraph New Way 18,653 Canyon Road Presented by Approved as to form by J3>~fi M. JohnPublic P'WorksLippitt' Director of ~torneyKah&ny, Cit~J/ 5 COUNCIL AGENDA STATEMENT Item Meeting Date 06/16/98 ITEM TITLE: Resolution ~/~7/~/Accepting Bids and Awarding Purchasing Agreement for Landscape Maintenance Services for Open Space District #10 SUBMITTED BY: Director of Public Work/s~/'?/~' Director of Finance ~ REVIEWED BY: City Manager~_~,~/ (4/$ths Vote: Yes __ No X) Based upon the advice of the City Attorney, agenda items__~'~and __~ have been separated due to conflict of interest concerns. A Council member owns property subject to the open space maintenance contracts in this district. Council should note agenda item ~ provides background information and bid submittals on open space districts but does not include bid information on Open Space Maintenance District 10. RECOMMENDATION: That Council adopt the resolution accepting bids and awarding purchasing agreements to the Iow bidders: District I Contractors Amount 10 J R.C. Landscape $27,760 BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Sealed bids were received by the City's Purchasing Agent on May 7, 1998 to provide landscape maintenance for Open Space District #10. The Iow bidder, R.C. Landscape is a responsible contractor and has performed satisfactorily over the year with the City of Chula Vista. The contract is for one year with five one year options if work performance is satisfactory. Additional extensions of one year shall be by mutual agreement of the Contractor and City. Prices shall be firm for the first contract year. For option years, if it is determined that the San Diego Area Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) has changed, the Contractor may adjust the price quoted to the City by an amount not to exceed the percentage variant in the CPI-W during the previous 12 months or 5%, whichever is less. Only one price adjustment will allowed for each option year and the City reserves the right to accept option year price increases or terminate the contract without penalty. A cluster discount was factored into the winning Iow bid and is reflected in these tables. The following is a summary of the district's bids and the previous year's contract provided for your information. District Contractors Amount 97-98 Contract 10 R.C. Landscape $27,760 $31,074 New Way 30,687 FISCAL IMPACT: All maintenance costs will be borne by the respective residents in the Open Space District. The respective budgets of each district will be changed to reflect new maintenance costs. [H:~HOME~PARKSREC'~A113\06-13-98\OS~10113 [June 9, 1998 2:49pm] ~.~/ RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING PURCHASING AGREEMENT FOR LJtNDSCAPEMAINTENANCE SERVICES FOR OPEN SPACE DISTRICT 10 TO R. C. LANDSCAPE WHEREAS, the following two bids were received on May 7, 1998 to provide landscape maintenance for Open Space Maintenance District 10: District Contractors Amount 97-98 Contract 10 R.C. Landscape $27,760 $31,074 New Way 30,687 WHEREAS, the low bidder, R.C. Landscape is a responsible contractor and has performed satisfactorily over the year with the City of Chula Vista and the contract is for one year with five one year options if work performance is satisfactory; and WHEREAS, additional extensions of one year shall be by mutual agreement of the Contractor and City. Prices shall be firm for the first contract year. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby accept bids and award Purchasing Agreement for landscape maintenance services for Open Space District 10 to R. C. Landscape in the amount of $27,760, subject to assessments being levied within the appropriate assessment district. Presented by Approved as to form by John P. Lippitt, Director~~n~M-~Kahe~nY,~ of Public Works /to.ney COUNCIL AGENDA STATEMENT Item ~ /~Z?/ Meeting Date 06116198 ITEM TITLE: Resolution Accepting Bids and Awarding Purchasing Agreement for Landscape Maintenance Services for EastLake Landscape Maintenance District k~s ~/ SUBMITTED BY: Director of Public Wor Director of Financ%~, j REVIEWED BY: City Manage,¢,,,{~ (4/$ths Vote: Yes No X ) Based upon the advice of the City Attorney, agenda items ~and ~ have been separated due to conflict of interest concerns. A Council member owns properly subiect to the open space maintenance contracts in this district. Council should note agenda item '7 pro¥ides background information and bid submittals on open space districts but does not include bid information on EastLake Landscape Maintenance District. RECOMMENDATION: That Council adopt the resolution accepting bids and award purchasing agreements to the Iow bidders: EastLake Landscape Contractors Amount Maintenance District Zone A New Way $49,000 Zone B New Way 12,622 Zone C New Way 412 Zone D New Way $23,321 BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Sealed bids were received by the City's Purchasing Agent on May 7, 1998 to provide landscape maintenance for the City's EastLake Landscape Maintenance District. A cluster discount factored into the winning Iow bid and is reflected in these tables. The Iow bidder, New Way, is a responsible contractor and has performed satisfactorily over the year with the City of Chula Vista. The contract is for one year with five one year options if work performance is satisfactory. Additional extensions of one year shall be by mutual agreement of the Contractor and City. Prices shall be firm for the first contract year. For option years, if it is determined that the San Diego Area Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-VV) has changed, the Contractor may adjust the price quoted to the City by an amount not to exceed the percentage variant in the CPI-W during the previous 12 months or 5%, whichever is less. Only one price adjustment will allowed for each option year and the City reserves the right to accept option Page 2, Item __ Meeting Date 06116/98 year price increases or terminate the contract without penalty. A summary of each zone's bids and the previous year's contract is provided for your information. EastLake Landscape Contractors Amount 97-98 Contract Maintenance District Zone A New Way $49,000 $37,686 Superior 63,017 R.C. Landscape 66,500 Zone B New Way 12,622 14,150 Blue Skies 12,800 R.C. Landscape 20,300 Superior 21,210 Zone C New Way 412 251 Superior 620 R.C. Landscape 1,200 Zone D New Way $23,321 26,704 R.C. Landscape 25,000 Superior 37,776 FISCAL IMPACT: All maintenance costs will be borne by the respective residents in the Open Space District. The respective budgets of each district will be changed to reflect new maintenance costs. IH:~HOME~PARKSREC"A113~06-13-98"eldist'113 [June 9' 19~8 3:52pm] ~ ~" al~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING PURCHASING AGREEMENT FOR LANDSCAPE MAINTENANCE SERVICES FOR EASTLAKE LANDSCAPE MAINTENANCE DISTRICT WHEREAS, the following sealed bids were received by the City's Purchasing Agent on May 7, 1998 to provide landscape maintenance for the City's EastLake Landscape Maintenance District: EastLake Landscape Contractors Amount 97-98 Contract Maintenance District Zone A New Way $49,000 $37,686 Superior 63,017 R.C. Landscape 66,500 Zone B New Way 12,622 14,150 Blue Skies 12,800 R.C. Landscape 20,300 Superior 21,210 Zone C New Way 412 251 Superior 620 R.C. Landscape 1,200 Zone D New Way $23,321 26,704 R.C. Landscape 25,000 Superior 37,776 WHEREAS, a cluster discount factored into the winning low bid and is reflected in these tables; and WHEREAS, the low bidder, New Way, is a responsible contractor and has performed satisfactorily over the year with the City of Chula Vista; and WHEREAS, the contract is for one year with five one year options if work performance is satisfactory. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby accept bids and award Purchasing Agreement for landscape maintenance services for EastLake Landscape Maintenance District, subject to assessments being levied within the appropriate assessment districts, as follows: EastLake Landscape Contractors Amount Maintenance District Zone A New Way $49,000 Zone B New Way 12,622 Zone C New Way 412 Zone D New Way $23,321 Presented by Approved as to form by John P. Lippitt, Director Jo~-~ZM. Kaheny, City of Public Works A~orney 2 COUNCIL AGENDA STATEMENT Meeting Date 6/16/98 ITEM TITLE: Resolution //~'dT'~/&pproving Fifth Amendment to Agreement between the San Diego Transit Corporation (SDTC) and the City of Chula Vista for Unified Telephone Information System SUBMITTED BY: Director of Public Works ~.~ REVIEWED BY: City Manager~% ~ CAlyX (4/5ths Vote: Yes_No.X_) L) On July 19, 1980 the South Coast Organization Operating Transit (SCOOT) entered into an agreement with San Diego Transit Corporation (SDTC) for Regional Transit Telephone Information Service. This service provides Chula Vista Transit (CVT) riders with schedule information both on CVT and on all fixed route transit systems operating in the county. On July 1, 1993, SCOOT was dissolved and the agreement for this telephone information service was changed beginning in FY 1993-94 to be between the City of Chula Vista and SDTC. This fifth amendment to the agreement for FY1998-99 continues CVT's participation in this Regional Transit Information System at a cost of $29,821, a 19.5 % decrease from the FY1997-98 cost of $35,640. RECOMMENDATION: That Council adopt resolution approving the Fifth Amendment to the Agreement between the San Diego Transit Corporation and the City of Chula Vista for Unified Telephone Information System for FY 1998-99. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The following transit operators participate in the Regional Telephone Information System operated by SDTC: San Diego Trolley, North County Transit District, San Diego Transit, County Transit Suburban, Chula Vista Transit, National City Transit and the Coaster. Chula Vistan's receive schedule and transfer information on all systems operating in the county. The telephone information system is available seven days a week between the hours of approximately 5:30 A.M. and 11:00 P.M~ The total estimated SDTC Transit Information System cost for next year is $1,084,385, a 2.5% increase over the FY1997-98 cost of $1,057,562. The cost increase is due primarily to inflation and the addition of internet services. The total system cost is allocated to each transit operator based on the percent share of calls originating from each operator's service area. These percent allocations are based on the previous three year total calls answered and are updated annually. As indicated on Exhibit A to the attached agreement, the City of Chula Vista's calls decreased from 3.37% of the total regional calls in FY1998 to 2.75% in FY1999. Page 2, Item Meeting Date 6/16/98 Although total regional calls increased 6.3 % over the three-year period March 1995 to February 1998 compared with March 1994 to February 1997, some transit operators (CVT, National City Transit, and North County Transit) showed declines in the total number of information calls while other systems (the Coaster, San Diego Transit, MTDB routes) showed increases. CVT's decreased calls are likely due to passenger's familiarity with the system and because CVT has not made any major service changes in the past year. The City's share of the FY1998-99 total system cost is $29,821 (2.75% X $1,084,385). During the thirty-six month period upon which the percent allocation of calls for each operator is based, which for FY1997-98 is the period from March 1995 to February 1998, Chula Vista Transit information calls totaled 118,715, or an average of 3,798 calls per month (136,750 calls + 36 months). FISCAL IMPACT: The City of Chula Vista's share of the FY1998-99 Unified Telephone Information System cost is $29,821. This cost is contained in the Transit Division budget, which is funded by Transportation Development Act (TDA) Article 4.0 funds and fare box revenue. There are no City of Chula Vista General Funds used for transit operations. H:\HOME\ENGINEER~AGENDA\DS038A.BG File No. 0690-85~DS-O35 RESOLUTION OF THE CITY COLrNCIL OF THE CITY OF CHULA VISTA APPROVING FIFTH AMENDMENT TO AGREEMENT BETWEEN THE SAN DIEGO TRANSIT CORPORATION (SDTC) AND CITY OF CHULA VISTA FOR UNIFIED TELEPHONE INFORMATION SYSTEM WHEREAS, on July 19, 1980, the South Coast Organization Operating Transit (SCOOT) entered into an agreement with San Diego Transit Corporation (SDTC) for Regional Transit Telephone Information Service; and WHEREAS, this service provides Chula Vista Transit (CVT) riders with schedule information both on CVT and on all fixed route transit systems operating in the county; and WHEREAS, when SCOOT was dissolved on July 1, 1993, the agreement for this telephone information service was changed in FY 1993-94 to be between the City of Chula Vista and SDTC; and WHEREAS, this Fifth Amendment for FY 1998-99 continues CVT's participation in this Regional Transit Information System at a cost of $29,821. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the Fifth Amendment to Agreement between the San Diego Transit Corporation (SDTC) and City of Chula Vista for unified telephone information system, a copy of which is on file in the office of the City Clerk as Document No._ BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said Amendment for and on behalf of the City of Chula Vista. Presented by Approved as to form by John P. Lippitt, Director of J~/M.~ t~aheny, ~City~ Public Works ~orney Agreement between the San Diego Transit Corporation (SDTC) and City of Chula Vista for Unified Telephone Information System FIFTH AMENDMENT TO THE AGREEMENT In accordance with Sections 7A and 8 of the above mentioned agreement, the following changes in the agreement as of July 1, 1998, are hereby agreed upon: Recitals WHEREAS, City operates Chula Vista Transit (CVT), a fLxed-route bus system; and WHEREAS, SDTC has jointly in the past maintained a Transportation Information System providing information to telephone callers about CVT operations and relating to fare, route and other operational information; and Vv]-IEREAS, such a relationship has benefited both SDTC and City in terms of effectiveness and efficiency; and WHEREAS, SDTC and City desire to continue this relationship. NOW, THEREFORE, in consideration of the recitals and the mutual obligation of the parties set forth herein, SDTC and City agree as follows: Section 2. Obligations of City Delete Paragraphs A and B and replace as follows: A. City agrees to pay to SDTC the sum of twenty-nine thousand, eight hundred twenty- one dollars ($29,821) in return for the use of its Telephone Information System (TIS) to disseminate rider information by telephone during the period of July 1, 1998 through June 30, 1999. The calculation of the $29,821 is shown on Exhibit A attached to this agreement. This calculation is based upon the number of calls received for each agency during a 36-month period--which for this year will be from March 1995 to February 1998. This 36-month period will roll forward one year each successive amendment. Fifth Amendment to the Agreement between SDTC and City of ChulaVista Page 2 B. Payment for this sum shall be made on a monthly basis no later than ten (10) days after receipt of invoice from SDTC. Payment for each month shall be the amount of two thousand, four hundred eighty-five dollars and eight cents ($2,485.08). Section 7. Term of Agreement and Termination Delete Paragraph A. and replace as follows: A. This amendment shall become effective at 12:01 a.m. on July 1, 1998 and shall expire at 12:00 midnight on June 30, 1999, unless otherwise terminated as provided herein, or unless mutually extended by written agreement prior to such expiration date. AH other provisions of this agreement shall remain in force. SAN DIEGO TRANSIT CORPORATION CITY OF CHULA VISTA President & Geh.9?al~nager Date: 9J/o~7 ~//~a~ Date: Attest: City Clerk Approved as to Form: Attachment: Exhibit A ~ Ci~~ EXHIBIT A SAN DIEGO TRANSIT CORPORATION FISCAL YEAR 1999 TELEPHONE CONTRACTS Proposed FY99 FY99 FY98 FY98 Percentage Cost Percentage Cost CHULA VISTA 2.75% $29,821 3.37% $35,640 COUNTY 5.45% $59,099 5.73% $60,598 NATIONAL CITY 1.24% $13,446 1.34% $14,171 NORTH COUNTY 11.22% $121,668 12.22% $129,234 COASTER 6.11% $66,256 5.91% $62,502 SDTC 62.70% $679.909 60.88% $643,844 TROLLEY 8.30% $90,004 8.33% $88,095 MTDB 2.23% $24,182 2.22% $23,478 TOTAL 100.00% $1,084,385 100.00% $1,057,562 COUNCIL AGENDA STATEMENT Item Meeting Date 6/16/98 ITEM TITLE: /~.Resolution / ~ffP/--~ Approving Final "A" Map No. 1 for Chula Vista Tract No. 96-04, Otay Ranch SPA One Village 1, Rejecting on Behalf of the Public East Palomar Street, Monarche Drive, Santa Flora Road, Gold Run Drive, and Portions of Paseo Ranchero and Telegraph Canyon Road Dedicated on Said Map within Said Subdivision, Accepting on Behalf of the City of Chula Vista Easements Granted on Said Map within Said Subdivision, Acknowledging on Behalf of the Public the Irrevocable Offers of Dedication of Olympic Parkway and Portions of Paseo Ranchero, and Acknowledging on Behalf of the City of Chula Vista the Irrevocable Offers of Dedication of Fee Imerest of Lots "A" through "E" for Open Space and Other Public Purposes and Lots "F" and "R" for Public Park Purposes ~. Resolution ] 9~ 9/t Approving "A" Map Supplemental Subdivision Improvement Agreement for Chula Vista Tract No. 96-04, Otay Ranch SPA One Village 1 and authorizing the Mayor to Execute Said Agreement / SUBMITTED BY: Director of Public Works ~ REVIEWED BY: City Manager'-'~ ~9~'/' c~ (4/Sths Vote: Yes._No X ) On November 19, 1996, by Resolution No. 18398, City Council approved the Tentative Subdivision Map for Chula Vista Tract 96-04, Otay Ranch SPA One (an excerpt of minutes of said meeting are included herewith as Attachment 1). Condition No. 117 of the Resolution requires the developer to submit and obtain approval of the City of a master t-real map ("A" Map) over the portion of the tentative map within each Village area showing "super block" lots. The "A" map is also required to show the backbone street dedications and utility easements required to serve the "super block" lots. All "super block" lots created are also required to have access to a dedicated public street. The first final "A" Map and associated agreement for Otay Ranch SPA One Village 1 are now before Council for approval. RECOMMENDATION: That Council approve the Resolution approving the Final "A" Map and the "A" Map Supplemental Subdivision Improvement Agreement. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The project is generally located south of Telegraph Canyon Road, north of future Olympic Parkway, east of future Paseo Ranchero, and west of the McMillin Otay Ranch project. The fmal "A" Map No~ 1 for Chula Vista Tract 96-04, Otay Ranch SPA One Village 1, consists of a total of twenty-three "Super Block" lots (which will be further subdivided), one Land Swap I1-1 Page 2, Item Meeting Date 6/16/98 lot (for a land swap with McMillin Otay Ranch), five City Open Space lots, one Private Open Space lot, two City Park lots, four Private Park lots, and eight Private Street lots. A plat of the subdivision is attached herewith as Attachment 2. The final map for said subdivision has been reviewed by the Public Works Department and found to be in substantial conformance with the approved Tentative Map. Approval of the map constitutes acceptance by the City of an open space easement over Lot "H" and all public transportation, assignable and irrevocable general access and utility, public sewer, and public drainage easements within the subdivision. Approval of the map constitutes rejection on behalf of the public of East Palomar Street, Monarche Drive, Santa Flora Road, Gold Run Drive, and portions of Paseo Ranchero and Telegraph Canyon Road. Approval of the map also constitutes acknowledgment on behalf of the public of Irrevocable Offers of Dedication of Olympic Parkway and portions of Paseo Ranchero and acknowledgment on behalf of the City of Irrevocable Offers of Dedication of Fee Interest for Lots "A" through "E" for Open Space and Other Purposes and Lots "F" and "R" for Public Park Purposes. The dedicated streets are being rejected because the developer does not have an obligation to guarantee construction of the public streets until the first Final "B" Map is considered for approval. However, bonds to guarantee the improvement of these streets, except for Santa Flora Road and Gold Run Drive, are expected to be in place prior to consideration of the first Final "B" Map due to the developer's construction schedule. Construction of Santa Flora Road and Gold Run Drive will be guaranteed in conjunction with development of the adjacent property. However, under the Subdivision Map Act, such offers of dedication are to remain open subject to future acceptance by the City Council. When the improvements for each of these streets have been completed, staff will prepare a resolution proposing acceptance of the streets for public use and maintenance. Irrevocable Offers of Dedication are being made for Olympic Parkway and a portion of Paseo Ranchero between East Palomar Street and Olympic Parkway because the ultimate alignments of these streets have not yet been determined and are not required to serve the project until a later phase of development. Under Section 7050 of the Government Code, such irrevocable offers of dedication may be accepted at any time. Irrevocable Offers of Dedication of Fee Interest are being made for the Public Open Space lots because the developer does not have an obligation to guarantee improvement of the Open Space lots until the first final "B" Map is considered for approval. These Open Space lots will ultimately be maintained by the Community Facilities District (CFD) being established for the Otay Ranch project. Upon completion of improvements, the Open Space Lots will be accepted into the CFD for maintenance. Offers of Dedication of Fee Interest are being made for the Public Park lots because the developer will pay Park Acquisition and Development fees to guarantee park improvements. Under Section 7050 of the Government Code, such irrevocable offers of dedication may be accepted at any time. Upon completion of the required park improvements, staff will prepare a resolution proposing acceptance of the parks for public use and maintenance. II Page 3, Item Meeting Date 6/16/98 Condition No. 29 of Resolution No. 18398 approving the Tentative Map required the developer to grant in fee to the City the right-of-way for the future Light Rail Transit (LRT) system as indicated on the approved Tentative Map. The right-of-way for said LRT system has not been dedicated on the map because the Metropolitan Transit Development Board 0VITDB) will use the City's rights-of-way within East Palomar Street in the future through a franchise or joint use agreement. MTDB has approved the right-of-way and horizontal and vertical alignments of East Palomar Street. The developer has executed an "A' Map Supplemental Subdivision Improvement Agreement to satisfy Condition Nos. 1, 3, 4, 5, 22, 28, 64, 75, 76, 77, 78, 79, 82, 83, 90, 91, 100, 109, 110, 111, 112, 113, 119, 127, 128, 130, and 131 of Resolution 18398 as follows: 1. Comply with all requirements and guidelines of the Parks, Recreation Open Space and Trails Plan, Public Facilities Financing Plan, Ranch Wide Affordable Housing Plan, Spa One Affordable Housing Plan, and the Non-Renewable Energy Conservation Plan, unless specifically modified by the appropriate department head, with the approval of the City Manager. These plans may be subject to minor modifications by the appropriate department head, with the approval of the City Manager, however, any material modifications shall be subject to approval by the City Council. 3. If any of the terms, covenants or conditions contained herein shall fail to occur or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted including issuance of building permits, deny, or further condition the subsequent approvals that are derived from the approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The applicant shall be notified 10 days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City. 4. Applicant shall indemnify, protect, defend and hold the City harmless from and against any and all claims, liabilities and costs, including attorney's fees, arising from challenges to the Environmental Impact Report for the Project and/or any or all entitlements and approvals issued by the City in connection with the Project. 5. The applicant shall comply with all applicable SPA conditions of approval. 22. Secure in accordance with Section 18.16.220 of the Municipal Code, as necessary, the construction and/or construct full street improvements for all on-site and off-site streets deemed necessary to provide service to the subject subdivision. Said improvements shall include, but not be limited to, asphalt concrete pavement, base, concrete curb, gutter and sidewalk, sewer, reclaimed water and water utilities, drainage facilities, street lights, signs, landscaping, irrigation, fencing and fire hydrants. Page 4, Item Meeting Date 6/16/98 Street cross sections shall conform to the cross sections shown on the Tentative Map. 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. Exhibit A indicates the relationship between the Otay Ranch SPA One roadway designations and the approved City designations in the Circulation Element of the General Plan for purposes of determining the appropriate design standards for all streets within SPA One. Should the City Engineer deem that the construction of sidewalks along the offsite portions of East Orange Avenue and East Palomar Street west of Paseo Rancbero is not necessary to provide service to the subject subdivision, their construction may be delayed. The developer shall dedicate on the appropriate final "B" Map, the right-of-way to extend Carmel Avenue, Santa Lucia Road, Santa Flora Drive, Gold Run Road, Applegate Street, Livingston Avenue and Grayson Court to the easterly subdivision boundary of Village One. The City Engineer and the Planning Director may waive this requirement if it is demonstrated that a street does not need to be extended to provide access to the adjacent property. Unless otherwise approved by the City Engineer, the developer shall provide a cul-de-sac at the end of all proposed street stubs along the subdivision boundary. The City Engineer may approve the installation of a temporary turnaround at the end of those streets that might be extended in the future to provide access to the adjacent property. 28. Enter into an agreement with the City, prior to approval of the first final "A" Map, where the developer agrees to the following: a. Fund and install Chula Vista transit stop facilities when directed by the Director of Public Works. The improvement plans for said stops shall be prepared in accordance with the transit stop details described in the Village Design Plans and approved by the Directors of Planning and Public Works. b. Not protest the formation of any future regional benefit assessment district to finance the Light Rail Transit. c. Fund its fair share of the cost of construction of the two pedestrian bridges connecting Villages One to Village Two and Village Five to Village Six as determined by the City Engineer based on the proportionate benefit received from the improvements. The developer shall also identify the financing mechanism to be used to fund said cost. 64. Prior to the installation of the regional trail, install a fence along those portions of (1) the existing maintenance access roads along the Telegraph Canyon Channel, and (2) the proposed maintenance access roads of the Poggi Canyon Channel, which are proposed to be incorporated into the Regional Trail System. The fence shall be erected only at those locations where its installation will not interfere with the normal channel maintenance. The specific locations where Page 5, Item Meeting Date 6/16/98 the fence will be allowed and the fence details shall be as determined by the City Engineer and Director of Parks and Recreation. 75. All local parks shall be consistent with the SPA One PFFP and shall be installed by the Applicant. A construction schedule, requiring all parks to be completed in a thnely manner, shall be approved by the Director of Parks and Recreation. 76. All local parks shall be designed and constructed consistent with the provisions of the Chula Vista Landscape Manual and related Parks and Recreation Department specifications and policies. 77. The applicant shall enter into a Chula Vista standard three party agreement with the City of Chula Vista and design consultant(s), for the design of all aspects of the neighborhood and community parks in accordance with the Master Plan whereby the Parks and Recreation Director selects the design consultant(s), to be funded by the applicant. The cost for the consultant(s) shall be established and said amount deposited into an account prior to any work being initiated by the consultanL The agreement shall include, but not be limited to, master planning, design development phase, construction document phase and construction supervision phase for the park sites. The construction documents shall reflect the then current requirements of the City's Code/Landscape Manual requirements. 78. The Applicant shall receive surplus park credit to the extent the combined park credit for neighborhood parks, pedestrian parks, the town square park and the community park exceeds the 3 acres per ! ,000 residents standard. This surplus park credit may be utilized by the Applicant to satisfy local park requirements in future SPAs. 79. The Applicant and the City shall mutually agree on a PAD fee reimbursement schedule in coordination with the adopted construction schedule. Milestones will be established for partial reimbursement during the construction process. The City may withhold up to 20% of the park construction funds until the park has been completed and accepted. Reimbursement of PAD fees shall include the interest accrued by the City on said PAD fees minus the City's cost of processing and administering this reimbursement program. a. In addition to those PAD fees required by Condition No. 83, the Applicant shall pay PAD fees based on a formula of 2 acres per 1,000 residents for the first 500 dwelling units. In the City's sole discretion, PAD fees may be required for units in excess of the first 500 dwelling units. b. Prior to the approval of the first final map which creates residential lots ("B" Map), the applicant shall enter into a supplemental agreement where the applicant agrees to construct the first neighborhood park in SPA One, in a location determined by the Director of Parks and Recreation, no later than issuance of the Page 6, Item Meeting Date 6/16/98 building permit for the 500th dwelling unit. The agreement shall also provide the following: (1) The level of amenities required in the first phase of construction of the first neighborhood park shall be determined by the Director of Parks and Recreation in conjunction with the park master planning effort required by the City of Chula Vista Landscape Manual. Said level of amenities shall be equivalent to five acres of neighborhood park improvements as described in the PLDO ordinance and the Park Master Plan as approved by the Director of Parks and Recreation. The applicant shall complete construction of the first phase of the first neighborhood park within six (6) months of commencing construction of said park. (2) Prior to issuance of the building permit for the 1150th dwelling unit, the Director of Parks and Recreation shall determine the level of amenities required for the second phase of construction of this park consistent with the PLDO and the Park Master Plan, or in lieu of the second phase, require the construction of another neighborhood park at a different location. If the applicant cannot build a park at a different location chosen by the Director of Parks and Recreation, the City may require the applicant to pay PAD fees. (3) At no time following completion of construction of the first phase of the first neighborhood park shall there be a deficit in "constructed neighborhood park" based upon 2 acres/1,000 residents. Applicant agrees that the City may withhold the issuance of building permits should said deficit occur. For purposes of this condition, the term "constructed neighborhood park shall mean that construction of the park has been completed and accepted by the Director of Parks and Recreation as being in compliance with the Park Master Plan, but prior to the mandatory 9-12 month maintenance period. This condition is not intended to supersede any of the City's maintenance guarantee requirements. (4) The Applicant shall receive reimbursement of PAD fees, proportionate to what has been constructed, should they deliver a turn-key park which has been constructed in accordance with the Parks Master Plan. c. The applicant shall grant to the City, at the "A" Map stage, an irrevocable offer of dedication for all neighborhood parks shown on the Tentative Map. a. Prior to the approval of each final "B" Map the Applicant shall pay PAD fees for the Community Park based upon a formula of 1 acre per 1,000 residents, until Page 7, Item Meeting Date 6/16/98 such time as a turn-key facility has been accepted by the Director of Parks and Recreation. Said turn-key facility is subject to the reimbursement mechanism set forth below. b. The first Otay Ranch Community Park, to satisfy SPA One demand, shall be located in Village 2 as identified in the GDP. c. The Applicant shall identify the relocation, if any, of the Village 20tay Ranch Community Park prior to issuance of the building permit for the 1,150th dwelling unit. Said relocation may require an amendment to the Otay Ranch General Development Plan. d. Notwithstanding that the community park requirement (1 acre/I,000 residents) shall be satisfied through the payment of PAD fees, the Applicant shall commence construction of the first phase of the Community Park prior to issuance of the building permit for the 2,650th dwelling unit. The first phase of construction shall include, but not be limited to, improvements such as a graded site with utilities provided to the property line and an all weather access road acceptable to the Fire Department. e. The Applicant shall commence construction of the second phase of the Community Park prior to issuance of the building permit for the 3,000th dwelling unit. Second phase improvements shall include recreational amenities as identified in the Park Master Plan. f. The Community Park shall be ready for acceptance by the Director of Parks and Recreation for maintenance prior to issuance of the building permit for the 3,900th dwelling unit. g. If the Director of Parks and Recreation determines that it is not feasible for the Applicant to commence construction of the first phase improvements of the community park prior to issuance of the building permit for the 2,650th unit, then the Director of Parks and Recreation shall have the option to utilize the PAD fees for said improvements, or to construct another park facility, east of the 1-805 Freeway within an acceptable service radius of SPA One, as set forth in the GDP. h. The Applicant shall provide a maintenance period of 9-12 months in accordance with the City of Chula Vista Parks and Recreation Department policy. i. The Applicant shall receive reimbursement of PAD fees, proportionate to what has been constructed, excluding the cost of construction of the all weather access road, for the community park should they deliver a turn-key facility to the City in accordance with the Community Park Master Plan. Page 8, Item Meeting Date 6/16/98 90. Agree to not protest formation or inclusion in a maintenance district or zone for the maintenance of landscaped medians and scenic corridors along streets within and adjacent to the subject subdivision. 91. Grant in fee to the City on the appropriate final map, all open space lots shown on the tentative map and execute and record a deed for each of the lots to be maintained by the City through the open space district. 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 Homeowner's Association. 100. Notify the City at least 60 days prior to consideration of the final map by City if off-site right-of-way cannot be obtained as required by the Conditions of approval. (Only off-site right-of- way or easements affected by Section 66462.5 of the Subdivision Map Act are covered by this condition.) After said notification, the developer shall: 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 to be approved by the City Engineer. c. Have all easements and/or right-of-way documents and plats prepared and appraisals complete which are necessary to commence condemnation proceedings as determined by the City Attorney. d. Request that the City use its powers of Eminent Domain to acquire right-of-way, easements or licenses needed for off-site improvements or work related to the final map. The developers shall pay all costs, both direct and indirect incurred in said acquisition. The requirements of a, b, and c above shall be accomplished prior to the approval of the appropriate Final Map. 109. Prior to the approval of the first final "B" Map, the developer shall submit and obtain approval by the City Engineer of an "Improvement Phasing Schedule" which will identify the timing of construction of all backbone facilities noted in the following table. The Improvement Phasing Schedule shall be consistent with the PFFP. Page 9, Item Meeting Date 6/16/98 COST ITEM TO BE INCLUDED IN FACILITY FINANCING PLAN *Acquisition/Dedication of offsite right of way East Palomar Street between Paseo Ranchero *Construction of full street improvements and La Media Road and between La Media Road and East Orange Avenue *Acquisition/Dedication of the offsite portions Paseos in Villages One and Five including the of open space lots containing the paseos paseo between Neighborhoods R-8 and R-9 *Construction of full paseo improvements *Payment of Telegraph Canyon Basin Drainage For areas covered by: backbone streets and all DIF common areas which include, but are not limited to: parks, schools, paseos and open space lots *Construction of pedestrian bridges Pedestrian bridge connecting Village One to Village Five, Village One to Village Two and Village Five to Village Six *Removal of temporary improvements "Temporary Roadway" (Santa Madera Avenue *Restoration of the area to original conditions between Telegraph Canyon Road and Morgan Hill Drive *Construction of full street improvements Permanent public road connecting Filmore Street to East Orange Avenue *Construction of full improvements Transit stop facilities in Villages One and Five *Acquisition/Dedication of offsite drainage Poggi Canyon Channel (onsite and offsite) and easement detention basin *Construction and maintenance (prior to City acceptance) *Construction and maintenance (prior to City Telegraph Canyon Channel detention basin acceptance) *Acquisition/Dedication of offsite sewer Poggi Canyon Sewer Interceptor (onsite and easement offsite) *Upgrading of the existing Poggi Canyon Interceptor required to accommodate C.V.T. 96-04 flows *Construction of the improvements required to connect C.V.T 96-04 to the existing Poggi Canyon sewer improvements (near 1-805) *Installation of interconnect wiring Traffic signals along Telegraph Canyon Road at the intersections with St. Claire Drive, Otay Lakes Road and Paseo Ranchero *Construction of full landscaping and irrigation Open space lots improvements *Construction of full trail improvements Regional trail system Page 10, Item Meeting Date 6/16/98 Security satisfactory to the City shall be provided for the above backbone facilities when their construction is triggered as identified in the approved Improvement Phasing Schedule. In addition to the foregoing, security satisfactory to the City shall be provided to guarantee the construction of the following First Phase Backbone Facilities: 1) One-half of the improvements in East Palomar Street between Paseo Ranchero and La Media including the two full traffic circles in Village One prior to approval of the first "B" Map for Village One. 2) The remaining improvements in East Palomar Street within Village One at the time the trigger point is reached in the PFFP for the corresponding "B' Map. 3) Full improvements in East Palomar Street between La Media and East Orange Avenue in Village Five at the time the trigger point is reached in the PFFP for the corresponding "B" Map. 4) Fair share of full improvements for the pedestrian bridge connecting Village One to Village Five and fair share of one half of the improvements for the pedestrian bridges connecting Village One to Village Two and Village Five to Village Six, prior to the approval of the first final "B" Map. The amount of the security for the above noted improvements shall be 110% times a construction cost estimate approved by the City Engineer if improvement plans have been approved by the City, 150% times the approved cost estimate if improvement plans are being processed by the City or 200% times the construction cost estimate approved by the City Engineer if improvement plans have not been submitted for City review. A lesser percentage may be required if it is demonstrated to the satisfaction of the City Engineer that sufficient data or other information is available to warrant such reduction. 110. Prior to the approval of the first final "B" Map, the applicant shall prepare and submit an application for an amendment to the Otay Ranch General Development Plan replacing the Village Seven High School location with a site in either the area west of Paseo Ranchero in Village One or the northern portion of Village Two. The applicant shall enter into a supplemental agreement prior to approval of the first final map in which applicant agrees to the following: The City shall not issue building permits for more than 1,400 units within SPA One until the City has acted on the proposed plan amendment unless the District consents to the further issuance of such permits. The Applicant shall deliver to the School District a graded high school site including utilities provided to the site and an all weather access road acceptable to the District prior to issuance of the 2,650th building permit (504 students) or upon written request by the District not prior to 1,800 permits. The all weather access road shall also be acceptable to the Fire Department. This schedule is subject to modification by the School District as based on District facility needs. Page 11, Item Meeting Date 6/16/98 111. The Applicant shall deliver to the School District, a graded elementary school site including utilities provided to the site and an all weather access road acceptable to the District, located within Village One, prior to issuance of the 500th residential building permit (150 students). The all weather access road shall also be acceptable to the Fire Department. This schedule is subject to modification by the School district as based on District facility needs. 112. The Applicant shall deliver to the School District, a graded elementary school site including utilities provided to the site and an all weather access road acceptable to the District, located within Village Five, prior to issuance of the 2,500th residential building permit (750 studems). The all weather access road shall also be acceptable to the Fire Department. This schedule is subject to modification by the School District as based on District facility needs. 113. The applicant shall deliver to the School District, a graded elementary school site including utilities provided to the site and an all weather access road acceptable to the District, located west of Paseo Ranchero, prior to issuance of the 4,500th residential building permit (1,350 students). The all weather access road shall also be acceptable to the Fire Department. This schedule is subject to modification by the School District as based on District facility needs. 119. The Applicant shall secure approval of a Master Precise Plan for the Village One and Village Five Core Areas, prior to submitting any development proposals for commercial, multi- family and Community Purpose Facility areas within the SPA One Village Cores. 127. If phasing is proposed within an individual map or through multiple final maps, the developer shall submit and obtain approval for a development phasing plan by the City Engineer and Director of Planning prior to approval of any final map. Improvements, facilities and dedications to be provided with each phase or unit of development shall be as determined by the City Engineer and Director of Planning. The City reserves the right to require said improvements, facilities and/or dedications as necessary to provide adequate circulation and to meet the requirements of police and fire departments. The City Engineer and Planning Director may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such a revision. 128. The Public Facilities Finance Plan or revisions hereto shall be adhered to for the SPA and tentative map with improvements installed in accordance with said plan or as required to meet threshold standards adopted by the City of Chula Vista. The PFFP identifies a facility phasing plan based upon a set of assumptions concerning the location and rate of development within and outside of the project area. Throughout the build-out of SPA One, actual development may differ from the assumptions contained in the PFFP (i.e., the development of EastLake III). Neither the PFFP nor any other SPA One document grant the Applicant an entitlement to develop as assumed in the PFFP, or limit the SPA One's facility improvement requirements to those identified in the PFFP. Compliance with the City of Chula Vista threshold standards, based on actual development patterns and updated forecasts in reliance on changing entitlements and market conditions, shall govern SPA One development patterns and the facility improvement requirements to serve such development. In addition, the sequence in which improvements are constructed shall correspond //-/I Page 12, Item Meeting Date 6/16/98 to any future Eastern Chula Vista Transportation Phasing Plan or amendment to the Growth Management Program and Ordinance adopted by the City. The City Engineer may modify the sequence of improvement construction should conditions change to warrant such a revision. Concurrent with the approval of the first final map approved after the PFFP for the EastLake III GDP Area, the Applicant shall update, at the Applicant's expense and subject to a Reimbursement Agreement, the SPA 1 PFFP and agrees that the City Engineer may change the timing of construction of the public facilities, including without limitation, the nature, sizing, extent and timing for the construction of public facilities caused by SPA One, shall become a condition for all subsequent SPA One entitlements, including tentative and £1nal maps. 130. Underground all utilities within the subdivision in accordance with Municipal Code requirements. 131. Pay the following fees in accordance with the City Code and Council Policy: a. The Transportation and Public Facilities Development Impact Fees. b. Signal Participation Fees. c. All applicable sewer fees, including but not limited to_sewer connection fees. d. Interim SR-125 impact fee. e. Telegraph Canyon Sewer Basin DIF. f. Poggi Canyon Sewer Basin DIF as may be adopted by the City in the future. g. Telegraph Canyon Basin Drainage DIF. h. Reimbursement District for Telegraph Canyon Road Phase 2 Undergrounding. i. Otay Ranch Reserve Fund fee. Pay the amount of said fees in effect at the time of issuance of building permits. FISCAL IMPACT: None. Developer has paid all costs associated with the proposed f'mal map and agreement. Attachments: Attachment 1: Minutes of 11/19/96 (Resoluti~ol~o. 18398) Attachment 2: Plat - Chu!a Vista Tract4~.~fay Ranch SPA One, Village 1 Attachment 3: Developer s Discloa~r~ment Attachment 4: Irrevoca edlcation for Roads, Parks & Open Space KPA/kpa H:\HOME\ENGINEER\AGENDA\V1 AMAPI.I13 File No. 0600-80-OR106F II RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING FINAL "A" MAP NO. 1 FOR CHULA VISTA TP~ACT NO. 96-04, OTAY PJtNCH SPA ONE VILLAGE 1, REJECTING ON BEHALF OF THE PUBLIC EAST PALOMAR STREET, MONARCHE DRIVE, SANTA FLORA ROAD, GOLD RUN DRIVE, AND PORTIONS OF PASEO PJtNCHERO AND TELEGP~APH CANYON ROAID DEDICATED ON SAID MAP WITHIN SAID SUBDIVISION, ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, ACKNOWLEDGING ON BEHALF OF THE PUBLIC THE IRREVOCABLE OFFERS OF DEDICATION OF OLYMPIC PARKWAY AND PORTIONS OF PASEO PJtNCHERO, A/qD ACKNOWLEDGING ON BEHALF OF THE CITY OF CHULA VISTA, THE IRREVOCABLE OFFERS OF DEDICATION OF FEE INTEREST OF LOTS "A" THROUGH "E" FOR OPEN SPACE AND OTHER PUBLIC PURPOSES AND LOTS "F" AND "R" FOR PUBLIC PARK PURPOSES WHEREAS, on November 19, 1996, by Resolution No. 18398, City Council approved the Tentative Subdivsion Map for Chula Vista Tract 96-04, Otay Ranch SPA One; and WHEREAS, Condition No. 117 of the Resolution requires the developer to submit and obtain approval of the City of a master final map ("A" Map) over the portion of the tentative map within each Village area showing "super block" lots; and WHEREAS, the "A" map is also required to show the backbone street dedications and utility easements required to serve the "super block" lots; and' WHEREAS, all "super block" lots created are also required to have access to a dedicated public street; and WHEREAS, the first final "A" Map for Otay Ranch SPA One Village 1 is now before Council for approval. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve Final "A" Map no. 1 for Chula Vista Tract No. 96-04, Otay Ranch SPA One village 1, rejecting on behalf of the public East Palomar Street, Monarche Drive, Santa Flora Road, Gold Run Drive, and portions of Paseo Ranchero and Telegraph Canyon Road dedicated on said map within said subdivision, accepting on behalf of the City of Chula Vista easements granted on said map within said subdivision, acknowledging on behalf of the public the irrevocable offers of dedication of Olympic Parkway and portions of Paseo Ranchero, and acknowledging on behalf of the City of Chula Vista, the irrevocable offers of dedication of fee interest of Lots "A" through "E" for open space and other public purposes and Lots "F" and "R" for public park purposes. Presented by Approved as to form by John P. Lippitt, Director of Jeh~/~. Kaheny, ~ty At~r~e~ Public Works RESOLUTION OF THE CITY COI/NCIL OF THE CITY OF CHULA VISTA APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CHUIJt VISTA TRACT NO. 96-04, OTAY RANCH SPA ONE VILLAGE 1 AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the developer for Chula Vista Tract No. 96-04, Otay Ranch SPA One Village 1 has executed a Supplemental Subdivision Improvement Agreement to satisfy Condition Nos. 1, 3, 4, 5, 22, 28, 64, 75, 76, 77, 78, 79, 82, 82(c), 83, 90, 91, 100, 109. 110, 111, 112, 113, 119, 127, 128, 129, 130 and 131 of Resolution 18298. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the Supplemental Subdivision Improvement Agreement for Chula Vista Tract No. 96-04, Otay Ranch SPA One Village 1, a copy of which is on file in the office of the City Clerk as Document No.~-~. ~"d~¢Z) BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said Agreement. Presented by Approved as to form by John P. Lippitt, Director of 3o~ r~. Kahen~, City Attorney/ · Public Works COUNCIL AGENDA STATEMENT Item //t~ Meeting Date 6/16/98 / ITEM TITLE: Resolution ~f ~/~Appropriating funds from the unappropriated balance of the Traffic Signal Fund to reimburse developer for costs involved in traffic signal relocation at the northeast corner of Fourth Avenue and "E" Street SUBMITTED BY: Director of Public Works ~ REVIEWED BY: City Manager~)~ ~g~ CJ~/~/' ~ (4/5ths Vote: Yes_x_No._) On 5/6/97, Council authorized the appropriation of $15,000 out of the Traffic Signal Fund for the purpose of reimbursing Tony Zamir, who built a dental office building at 397 "E" Street. A copy of the Council Agenda Statement and the Resolution are attached for reference. Evidence submitted by Mr. Zamir indicate that the actual costs of construction exceeded $27,000. Additional funds must be appropriated to reimburse Mr. Zamir for his total costs. RECOMMENDATION: That Council appropriate $13,868 from the unappropriated balance of the Traffic Signal Fund to Project No. TF255 in order to reimburse Mr. Zamir for his costs in relocating the traffic signal. BOARDS/COMMISSIONS RECOMMENDATION: No Board or Commission actions are required in this instance. DISCUSSION: Mr. Tony Zamir recently completed construction of a dental office building on the northeast comer of Fourth Avenue and "E" Street. As part of that project, he was required to widen both streets to bring them into conformance with our current standards with respect to the Circulation Element of the General Plan. Mr. Zamir requested that the City assist in the cost of relocating the traffic signals per the Council Policy which adopted the Traffic Signal Fee. He paid his Traffic Signal Fee of $3,373.50 and staff agreed that Council Policy No. 478-01 should apply. This policy requires priivate developers to finance and/or install traffic signals on public streets in the City of Chula Vista. The policy provides for proportionate contribution by all private developments generating significant traffic toward the projected traffic signal needs of the City. Paragraph 10 of the policy states: "The City may require that a developer whose project creates an immediate need for signalization.., undertake to install such signalization subject to future reimbursement from the Traffic Signal Fund. Reimbursement ora developer to the extent that his construction cost (including design) exceeds his traffic signal charge shall have first call on the Traffic Signal Fund." There are funds available in the Traffic Signal Fund to reimburse Mr Zamir at this time and doing so is in keeping with this policy. By adoption of Resolution No. 18659 on 5/6/97, Council authorized the appropriation of $15,000 from the Traffic Signal Fund to pay to Mr. Zamir. Page 2, Item Meeting Date 6/16/98 The figure of $15,000 that staff recommended in May, 1997 to be appropriated was calculated by Mr. Zamir's private engineer. The engineer apparently was not familiar with all of the associated costs involved in relocating traffic signals, including re-installing several traffic detector loops, plus all its associated wiring in the pavement. Engineering Division staff depended on the private engineer's estimate at the time of the previous appropriation. Mr. Zamir paid a total of $27,880 for the work. Staff has reviewed the Waiver and Release Upon Final Payment forms and agree that this amount is correct. In addition, the City's Traffic Devices Technician Supervisor charged his inspection time on Mr. Zamir's project under our Full Cost Recovery System, which amounted to $988. Based on the data contained herein, Mr. Zamir is entitled to an additional $13,868 in accordance with for a total of $28,868. FISCAL IMPACT: If Council adopts the subject resolution, an additional $13,868 will be appropriated from the City's Traffic Signal Fund to Account No. 600-6005-TF255 Attachments: Resolution 18659 and its Council Agenda Statement Copies of Waiver of Release forms ~0, H:\HOME\ENGINEERXAGENDA\397_E_S2,IWH RE~O~TIO~ ~0. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING FUNDS FROM THE UNAPPROPRIATED BALANCE OF THE TRAFFIC SIGNAL FUND TO REIMBURSE DEVELOPER FOR COSTS INVOLVED IN TRAFFIC SIGNAL RELOCATION AT THE NORTHEAST CORNER OF FOURTH AVENUE AND "E" STREET WHEREAS, on 5/6/97, Council authorized the appropriation of $15,000 out of the Traffic Signal Fund for the purpose of reimbursing Tony Zamir, who built a dental office building at 397 "E" Street; and WHEREAS, evidence submitted by Mr. Zamir indicates that the actual costs of construction exceeded $27,000; and WHEREAS, additional funds must be appropriated to reimburse Mr. Zamir for his total costs. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby appropriate $13,868 from the unappropriated balance of the Traffic Signal Fund to Project No. TF255 in order to reimburse Tony Zamir for costs involved in traffic signal relocation at the northeast corner of Fourth Avenue and "E" Street. Presented by Approved as to form by ohn P. Lippitt, Director of :aheny, City At tor y Public Works C: ~rs~397E.app CITY COUNCIL AGENDA STATEMENT Meeting Date 6/16/98 ITE~ TIT~E, P~E~IC HEARING, 2F3~ Amendment to Section 13.14.150 of the Chula Vista Municipal Code to Allow Delinquent Sewer Service Charges to be Placed on the Property Tax Bill for Collection ORDINANCE Amending Section 13.14.150 of the Chula Vista Municipal Code SUBMITTED BY= Director of Finance~f ~ REVIEWED BY~ City Manager~ ~J~,~'~(4/5ths Vote: Yes No X) Adoption of this ordinance change will enhance the collection process allowing delinquent charges to be placed on the property tax bill so payment can be received on a more timely basis. This will increase annual revenues to the sewer fund as well as reduce operating costs. RECOM~ENDATION= That the City Council adopt the ordinance approving the amendment to Section 13.14.150 of the Chula Vista Municipal Code. BOARDS/COMMISSIONS RECOMMENDATIONS~ Not applicable. DISCUSSION: Since May, 1996, the City has been billing approximately 15,000 customers for sewer service who were previously billed by the Sweetwater Authority. The delinquency rate is approximately 2%. The current method of collection includes bimonthly bills, past due notices, collection letters and phone contact whenever possible. If little or no payment is received, then legal action is taken in the form of a small claims suit filed against the property owner. After judgment is awarded, a lien against the property is filed. No payment will be received until the property is refinanced or sold. Currently this is the only recourse the City has in dealing with uncollectible accounts as we can not realistically discontinue service for non-payment. In the eastern part of Chula Vista, Otay Water District bills over 29,000 customers for both water and sewer service, and remits the /3 -/ ITEM MEETING DATE 6/16/98 sewer service charges to the City. Under this combined billing system, the number of delinquent accounts are minimized by the threat of turning off water service. If an account becomes severely delinquent, a turn-off notice is sent and water service is discontinued until payment is made. In the Montgomery area that was annexed from the county years ago, the City bills all customers for sewer service on the property tax bill. This highly efficient billing method has been in effect since before the annexation, and is very successful at keeping uncollectible losses to a minimum. This amendment to the ordinance will enable the City's in-house collection process to be more effective when dealing with delinquent accounts. The number of uncollectible accounts will be minimized and payment will be received in a more timely manner. The ordinance change calls for proper notification of a public hearing to be held for delinquent accounts. After the hearing, a lien is placed against the property and the amount owed is charged to the property owner on the next regular tax bill. This streamlined process eliminates the need for small claims court proceedings, and ensures the City of faster payment on delinquent accounts. Other cities in the county, such as E1 Cajon and La Mesa have been successfully using the property tax bill as a means of collecting on delinquent accounts for the past four years. This collection method has increased their sewer revenues by keeping their uncollectible losses to a minimum. FISCAL IMPACTs The ability to place delinquent sewer service charges on the property tax bill for collection is estimated to increase sewer revenues approximately $60,000 annually. This ordinance change will improve the efficiency of the collection process and reduce uncollectible losses thereby maximizing revenues and minimizing costs to the Sewer Fund. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULJt VISTA AMENDING SECTION 13.14.150 OF THE CHULA VISTA MUNICIPAL CODE TO ALLOW DELINQUENT SEWER SERVICE CHARGES TO BE PIJtCED ON THE PROPERTY TAX BILL FOR COLLECTION The City Council of the City of Chula Vista does hereby ordain as follows: Section I. That Section 13.14.150 of the Chula Vista Municipal Code is hereby amended to read as follows: 13.14.150 Payment of Sewer Service and Pump Station Charges- Penalty for Delinquency-Discontinuance of Service- When-Unlawful Connection-Backbilling and Penalty. A. Billing and Payment. All sewer service charges shall be billed upon a monthly or bi-monthly basis, or on the Tax Bill, as determined by the City Council, and shall be payable upon the billing of such charges to the owner of the occupant. B. 1. Director's Report. Annually, not later than August 10, the City Clerk shall set the Report of the Director of Public Works filed pursuant to Section 13.14.110 for public hearing before the City Council and duly cause Notice thereof and of the filing of said report to be published once at least ten days in advance thereof in a newspaper of general circulation published in the City of Chula Vista. 2. Notice of Property Owner. When the Director of Public Works requests that such charges be collected on the Tax Bill for the first time, the City Clerk shall, in addition to the notice required by subsection B.i., cause to be mailed to each person assessed for each property described in the report, at the address shown on the last available assessment roll, Notice of the filing of the report and of the date, time, and place of the public hearing thereon. If such charges are collected on the Tax Bill pursuant to such Notice, annually thereafter such notice need not be given but only the notice by publication required by subsection B.1. C. Council Action. The City Council shall conduct a public hearing to consider the amount of such charges, and whether the shall be collected on the Tax Bill. The first year said 1 charges are proposed to be placed o the Tax Bill such action is subject to a majority protest. 1. If a majority of the owners of affected properties protest placement on the Tax Bill, the charges shall not be so collected, but shall be established by City Council Resolution and collected pursuant to subsection D hereof. 2. If there is no majority protest and the City Council determines to place the charges, or some of them, on the Tax Bill, for those to be collected on the Tax Bill the City Council shall by ordinance approve the report of the Director of Public Works, along with any corrections thereto and establish the amounts of such sewer service charges to be placed on the Tax Bill. The City Clerk shall endorse thereon that it is the report finally approved by the City Council, and forward the appropriate date forthwith to the County Auditor for enrollment on the Assessment Roi1, and ultimate collection by the Tax Collector on the Tax Roll in accordance with Health and Safety Code Section 5473 et seq.. Pursuant to Health and Safety Code Section 5473.8, all laws applicable to the levy, collection and enforcement of real property taxes including, but not limited to, delinquency, correction, cancellation, refund and redemption, are applicable to such charges. a. Pursuant to Health and Safety Code Section 5471 and 5473.10, the City Council shall establish by ordinance the charges as those set forth in said report (along with any corrections) and hereby establishes the basic penalty for delinquency in the amount to 10% of the delinquent amount, plus one and one half (1-1/2) percent per month for nonpayment of the charge and basic penalty (designated for administrative convenience only in the Master Fee Schedule), which shall also be collected by the Tax Collector on behalf of City. b. The Director of Finance shall give Notice to the owner of any parcel when any such charges become delinquent for 60 days, and of any penalties and interest thereon as provided herein, and that they shall constitute a lien with the ~orce, effect and priority of a judgment lien against the lot or parcel against which it was imposed, good for three years from recordation, if recorded. The Director of Finance shall record with the County Recorder, pursuant to Health and Safety 2 Code Section 5473.11, a certificate specifying the amount of the unpaid charges and penalties and interest thereon, when any such charges become delinquent for 60 days. D. Non-Tax Bill. Alternatively, the charge and the billing therefor may be combined with other utility bills and separately designated, or otherwise billed and collected, as determined by the City Council. Said charge together with penalties and interest, and reasonable attorneys' fees (hereafter collectively referred to as Charge), shall be a charge on the property served and shall be a continuing lien upon the property served, the lien to become effective upon recordation of a Notice of Delinquent Sewer Service Charge. Each such Charge also shall be the personal obligation of the person who was the owner of such property served at the time when the Charge was levied. The personal obligation for Delinquent Sewer Service Charges shall not pass to an owner's successors in title as their personal obligation unless expressly assumed by them. Any Charge imposed in accordance with this ordinance shall be a debt of the owner of property served from the time the Charge is levied. At any time after any charges have become delinquent, the City engineer may file for record in the office of the San Diego County Recorder, a Notice of Delinquent Sewer Service Charge as to such property served, which notice shall state all amounts which have become delinquent with respect to such property served and the costs (including attorneys fees), late penalties and interest which have accrued thereon, and the amount of any charges relating to such property served which is due and payable although not delinquent. The notice also shall contain a description of the property served with the name of the record or reputed record owner of such property, and the name and address of the trustee authorized by the City to enforce the lien, if by nonjudicial foreclosure as provided below. Immediately upon recording of any Notice of Delinquency pursuant to the foregoing provisions of this Section, the amounts delinquent, as set forth in such notice, together with the costs (including attorneys' fees), late penalties and interest accruing thereon, shall be and become a lien upon the property served described therein, which lien also shall secure delinquent charge and all other charges which have become due and payable with respect to the same property, together with all costs (including attorneys' fees), late charges and interest which have accrued on such amounts, are paid fully or otherwise satisfied prior to the completion of any sale held to foreclose the lien provided for in this ordinance, the City Engineer shall record a further notice, similarly signed, stating the satisfaction and release of such lien. 3 Each lien may be foreclosed a sand in the same manner as the foreclosure of a mortgage upon real property under the laws of the State of California, or may be enforced by sale pursuant to Sections 2924, 2924(b), 2924(c) and 1367 of the California Civil Code, or any successor statute or law, and to that end, the right to enforce the lien by sale is hereby conferred upon the City and its trustee designated in the Notice of Delinquent Charge, or a trustee substituted pursuant to California Civil Code Section 2934a. The City shall have the power to bid for the property served at a foreclosure sale, and to acquire and hold, lease, mortgage and convey the same. Suit to recover a money judgment for unpaid charges, costs, late penalties and attorneys' fees shall be maintainable without foreclosing or waiving the lien securing the same. In any action by the City to collect delinquent charges, accompanying late charges or interest, the prevailing party shall be entitled to recovery of its costs and reasonable attorneys' fees. E. Penalty for Delinquency. If the sewer service charge is not paid before the close of business or postmarked before midnight of the final date for payment as shown on the billing, a basic penalty of ten (10) percent of the charge(s) shall be added thereto, plus one and one half (1-1/2) percent per month for nonpayment of the charge and basic penalty (designated for administrative convenience only in the Master Fee Schedule); provided, however, that when the final day for payment falls on Saturday, Sunday or a legal holiday, payment may be made without penalty on the next regular business day. F. Notice of delinauency - Hearin~ and lien. When the full amount for said sewer service charge is not paid within sixty days after the final date of payment, the City clerk shall set said delinquent account for hearin~ by the City Council at a reqular or adjourned regular meetina which will be held at least seven calendar days after such sixty-day period has expired. The owner of the property shall be mailed notice of the time and place of the hearing. The notice shall also inform the property owner that failure to Day said delinquent account will result in a lien upon the property, and the amount owed will be charmed to the Dronertv owner on the net regular tax bill. Notice of the nublic hearin~ shall also be published once at least ten days in advance thereof in a newspaper of qeneral circulation published in the City of Chula Vista. The City Clerk shall post a cody of such notice of the time and place of hearing, in a conspicuous place at or near the entrance of the Council Chambers in the City Hall. G. Delinquent Accounts - Hearing and Assessment. The City Council shall consider said delinquent accounts at the time set for hearing together with any obiections or protests by interested parties. Any owner of land or person affected bv 4 13 -b the charges may present a written or oral protest or objection to the delinquency of said account or the amount owed thereon. At the conclusion of the hearing, the City Council shall either approve the delinquency and amount owed on the account as submitted or as modified or corrected by the City Council. The decision of the City Council on the charges and on all protests or objections shall be final and conclusive. The amounts so approved shall reflect the entire amount due. including all penalties, interest and administrative fees that have accrued against the account as of the date of the hearing. The amount shall be char~ed to the property owner on the next regular tax bill and shall be a lien upon the property involved. The City Council shall confirm such assessment and cause the same to be recorded on the assessment roll and, thereafter, such assessment shall constitute a special assessment and lien upon the property. The City Council shall adopt a resolution assessin~ such amounts as liens upon the respective parcels of land a they are shown upon the last available assessment roll. H. Delinquent Accounts - Administrative Fee. Ail delinauent accounts approved by the City Council pursuant to section G shall be charged an administrative processin~ fee to offset the costs incurred by the City in administering the provisions of this chapter The administrative processin~ fee (designated for administrative convenience only in the Master Fee Schedule) shall be added to the amount assessed against the property. ~.I. Service Discontinuance. In the event the owner or occupant of any premises shall be delinquent in payment of the sewer service charge and such delinquency continues for a period of five days after the final date for payment of such charge, the City shall also have the right, forthwith and without notice, to discontinue sewer service to such delinquent owner or occupant, and sewer service shall not again be supplied to such person until all delinquent sewer service charges plus the penalties thereon as herein provided have been paid. The sewer service charges may be collected by suit in any court of competent jurisdiction or any other manner. ~.J. Unlawful Connection. In the event that any parcel or building is determined by the director to have been unlawfully connected to the public wastewater system, the City shall have the right to terminate sewer service t~ such parcel or building as provided in section 13.06.110. Sewer service shall not again be supplied to such parcel or building until all delinquent sewer service charges which have been accumulated during the current ownership of the parcel or building, plus a basic penalty of 10% of the delinquent sewer service charge plus one and one half (1-1/2) percent per month for non- payment of the charge and the basic penalty (designated for 5 13-2 administrative convenience only in the Master Fee Schedule), has been paid. Section II. This Ordinance shall take effect and be in full force on the thirtieth day after its adoption. Presented by Approved as to form by Robert W. Powell J~n M. Kah~y ~ /~ ~_ Director of Finance Cl~v Attorney I~, k c: \cbskcvcity\bjm~sewer. ord 6 COUNCIL AGENDA STATEMENT Item Meeting Date 06116198 ITEM TITLE: PUBLIC HEARING: TO CONSIDER A SERIES OF AMENDMENTS TO MUNICIPAL CODE CHAPTER 9.50 TO ALLOW THE ADOPTION AND ADMINISTRATION OF AN ENHANCED AND SIMPLIFIED ENFORCEMENT PROGRAM FOR MOBILEHOME PARK RENT REVIEW ORDINANCE ,~--~ ~ AMENDING CHAPTER 9.50 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO MOBILEHOME PARK SPACE RENT REVIEW SUBMITTED BY: Community Development Director,. ' REVIEWED BY: CityManager~"~:~ ~(~ ~ (415ths Vote: YeL Nox) BACKGROUND: Last year the City's Mobilehome Rent Review Commission conducted two public hearings to solicit public input on how to clarify and streamline the Mobilehome Park Space Rent Review Ordinance #2251. The proposed changes are the result of this input and hereby recommended to be approved by City Council. A second general reading of the proposed changes will be required before any changes to the Ordinance are adopted. RECOMMENDATION: That the City Council approve the proposed changes to Municipal Code Chapter 9.50 Mobilehome Park Space Rent Review Ordinance #2251. BOARDS/COMMISSIONS RECOMMENDATION: On November 17, 1997 the Mobilehome Rent Review Commission approved the proposed changes to Ordinance #2251. DISCUSSION: Since late 1996, the Mobilehome Rent Review Commission has been interested in making some revisions to the Rent Review Ordinance for the purposes of clarifying the language and streamlining its implementation. Over the years, a number of questions have resulted from ambiguous language used in the ordinance, and therefore, the Commission decided to solicit public input specifically on how to clarify and simplify it. On December 21, 1996, a legal notice was published in the Star News announcing a public comment period to begin January 1, 1997 and extend 60 days to March I, 1997 for the purpose of reviewing Ordinance #2251 for potential revisions and additions. Staff, along with the Commission Chair, reviewed the written comments submitted, incorporated some of those changes into the staff's version of suggested changes, and circulated the draft for review. The first public hearing by the Commission to discuss the draft was held September 18, 1997. A second public hearing was held to discuss the draft on November 19, 1997. At Page 2, Item __ Meeting Date 06116198 the conclusion of the second hearing, the Commission unanimously approved the revisions and directed staff to take the Commission's recommendations to the Council for final approval. The attached document (Exhibit I) is a redline version comparing the current adopted Ordinance//2551 to the proposed version offered by the Mobilehome Rent Review Commission for your approval. Most suggested changes are ones of clarification and simplification. The following is a summary of the suggested changes to the Ordinance. 1) Elimination of the Arbitration Process: Currently Section 9.50.070 specifies that the first step in reviewing a proposed rent increase involves going through the arbitration process but that either party to the arbitration may request and receive a right to a "de novo" hearing at the Commission when the arbitrator's decision is forwarded to the Commission. This means that the parties are entitled to a full new hearing of their arguments at the Commission, even thou0h they already received such a full hearing by the arbitrator. The arbitration process costs money and time that may result in a decision by one of the parties to start over. This, combined with the fact that the arbitration process has only been used once in the history of this Ordinance originally adopted in 1994, resulted in the Commissions's suggestion to eliminate this step. 2) Addition of Disclosure Required: An issue that has surfaced repeatedly is that incoming residents are signing space rental lease agreements before learning that there is a City Ordinance that restricts rent increases. To address this concern, the Commission is suggesting adding a disclosure requirement to the Ordinance detailed in Section 9.50.012. Such disclosure will advise the incoming resident that he/she has a right to request a hearing if the cumulative annual increase is greater than the applicable Consumer Price Index (CPI). 3) Appellant Resident Must Attend Meeting: Currently Section 9.50.050 specifies that the resident has the option to choose whether or not to attend the meeting the owner is required to hold upon notice of a rent increase that exceeds the CPI. The Commission feels, however, that the residents should make their best effort to resolve any conflicts with the owner before coming to the Commission. This principle is enforced by requiring the residents to attend a meeting for the benefit of the affected residents to discuss the increase. It is hoped that such meeting may lead to voluntary settlement of any disputes. 4) Replacement of "A Copy of the Completed Sale Agreement" with "A Written Notice of the Pending Sale". Currently Section 9.05.067 B. specifies that the park owner's responsibilities to notice an incoming resident of a rental increase in an amount greater than the CPi are triggered by receipt of a copy of a completed Page 3, Item__ Meeting Date 06/16198 agreement for sale. However, in this scenario the increase will occur after the agreement has been made, but the incoming resident should be informed before the agreement is made. Therefore the Commission suggests using a written notice of a pending sale as a trigger to notify potential mobilehome buyers. 5) Specify Enforceability in Casns of Failure to Comply: Section 9.50.020 was added to specify that the failure by a park owner to follow procedures set forth for rent increases may result in a hearing and decision by the Commission to allow the resident(s) to collect up to three times the excess rent paid. During the Commission review and hearing process, various suggestions were made by interested parties to make a number of other substantial chan0es to the Ordinance. However, the Commission decided that the changes should be limited to streamlining and clarifying the Ordinance at this time. It is expected that various suggestions for such changes in substance will be made by interested parties at the City Council hearing. If, after the Council hearing and adoption of this 0rdinanco as already recommended by the Commission, there are any substantive changes which Council wishes staff to review and bring back to the Council for further consideration, staff recommends that such proposed changes should include additional hearings at the Commission level. FISCAL IMPACT: The proposed changes to the Ordinance will not result in any fiscal impact to the City. (JA:ah) H:IHOME~COMMDEVISTAFF.REPI06-16-981950mobi [June 10, 1998 AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 9.50 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO MOBILEHOME PARK SPACE RENT REVIEW The City Council of the City of Chula Vista does hereby ordain as follows: SECTION I: That Chapter 9.50 of the Chula Vista Municipal Code is hereby amended to read as follows: Chapter 9.50 MOBILEHOME PARK SPACE - RENT REVIEW Sections: 9.50.005 Purpose. 9.50. 010 Applicability. 9.50. 015 50 to Recreational Vehicles. 9.50.020 9.50. 030 Definition~; 9.50.040 Repealed. ......... S:~ ~'~ ~::~: ' Insrsascs Without Chax~c cf cna ge of o :snip. 9 50.068 Notices of CPI, Rent Increases --~ 9.50.070 Review. 9.50. 075 i 9.50.076 Right to Mediate ~obilehome Resale Price. 9.50.078 Criminal Acts. 9.50.oso Repealed. 9.50.081 Civil Remedies. 9.50.083 Criminal Remedies. 9.50.085 Repealed. 9.50.090 Repealed. 9.50.100 Severability. 9.50.110 Repealed. 9.50.005 Purpose. The City intends by this chapter to maintain a supply of affordable housing. The City Council finds that there is an ample supply of apartments for rent and that the apartment market place does not need regulation in order to keep the rents at an affordable level. The Council finds that the supply of mobilehome space available for rent is not adequate to meet the total demand, and that as a result, the limited supply of such spaces is driving up the space rents in a manner that would, in the absence of regulation result in the elimination of affordable housing. The City also intends by this chapter to prevent existing tcnants ~ii~, who are rendered largely incapable of moving their mob[I'~}~D without suffering a substantial loss in their value, from being charged excessive and unconscionable rents due to this lack of mobility. The Council finds that the limited supply of mobilehome space available for rent in this City would, in the absence of regulation, allow for an unconscionable increase of rents to existing mobilehome park residents. The City also intends by this chapter to prevent existing tcnantc ~::~, who are rendered largely incapable of moving their mob'il~h~m~S without suffering a substantial loss in their value, from loss of the resale value of their mobilehomes due to the fact that an incoming resident is being charged excessive rents. The Council finds that the limited supply of mobilehome space available for rent in this City would, in the absence of space rent regulation at the time of such sale or other vacancy, allow for an unconscionable loss of resale value of mobilehomes to existing mobilehome park residents. 9.50. 010 Applicability. This chapter shall apply to a mobilehome that requires a permit to be moved on a street or highway. The procedures contained in this chapter are intended to provide a mechanism for the resolution of disputed increases in rents by making it advantageous for mobilehome owners and mobilehome park owners to establish a better understanding for each other's positions which will result in agreement on the amount of --2-- for. The procedures of the ordinance are established with the intent that they be accomplished in a timely fashion. The participating parties shall commit to the goal ....... ~ .... ng the ~^ ^~ .... ~ ......... ~ that the entire dispute resolution process be completed within one hundred-twenty (120) days following receipt of the notice of space rent increase. This chapter shall not apply to leases This chapter shall not apply to a mobilehome park if the rents that may be charged for spaces thereat are regulated pursuant to an agreement with the Redevelopment Agency of the City of Chula Vista under the authority of Section 33334.2 through 33334.4, inclusive, of the California Health and Safety Code, for such period of time as the agreement is in effect. -3- ~.50.015 ~pplicabili~y o~ Chap~ar 9.50 ~o R~crea~ional Vehlal~s. vehicles as defined in Calif~:~:~"~:~:~:~::~:~:~:~:~ 799.24 are subject to the rights and dutics ~::~~ set forth o ar ..................... herein where the recreational vehicle owner/occupant has been in residency for nine or more consecutive months. Notwithstanding the above, this chapter shall not be applicable to recreational vehicles residing in parks operated as recreational vehicle parks, where the predominant nu~er of spaces are occupied for less than nine months. 9.50.020 Created. :::::::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: (Section ..... ~' ~ ...... oly repealed by Ord 2306 §1, 1989; Ord 2282 §2, 1988; Ord 2163 §3, 1986; Ord 1997 §1 (part), 1982) . 9.50.030 Definitions. Words used in this chapter shall have the meaning described to them in this section: A. "Space rent" means the consideration, including any bonus, benefits, or gratuity demanded or rece TV~'~" "'~ connection with the use and occupancy of the mobilehome space in a mobilehome park, or for the transfer of the lease for park space, services, ~:~a~ ~ ~ ~ ::i~:: ::: ~ ~[~', :~::~ ~':i::~: :::, :.~ ~ ~:.~ :i: :~:. ::'~ ~ ~ ::i :: :: 8:~::~::~:~::~ ~ ~ ~i',~ ~:': ',[~:~::::i :.: exclusive of paid for the use of the mobilehome dwelling ~ cf ...........~'~ i~ t~ ~ S ~ .................. : : ~ ::;: ....................... : B. "Mobilehome" means a mobilehome as defined in the California Mobilehome Home Residency Law. C. "Mobilehome park owner" or "Owner" means owner, lessor, operator, ~: ::imanager of within the purview of this 6~dinance. D. Mobilehome ~esident or Resident means an= ~ person E. "Dispute" or "Controversy" means a disagreement or difference which is subject to the arbitration ~:~:~:~i~/~iprocess described in this chapter. F. "Consumer Price Index" or "CPI" shall mean the all urban consumers/all items component of the San Diego Metropolitan Area U (broader base) consumer price index. G. "Major Capital Improvement Pass-Through" means a separately identified monthly charge to residents which represents the repayment of a cost for a major capital improvement with the following characteristics: 1. Said improvement shall have a cost of more than $10,000. 2. Said improvement shall be exclusive of maintenance or replacement of existing facilities. 3. Said improvement shall have been approved in concc~t ~ ~i~i~ ~giiiiiii!iliiii~ Y more than fifty percent (50%) of the ~b[I~h~e spaces within the mobilehome park after all spaccs i~i~i~i~i~i~ in the park have been informed of the nature,"~:~[~design, timing, and overall cost of said improvement, and the amount and duration of the related H. Other Allowable Pass-Throughs means separately billed utility service fees and charges excluded from rent in accordance with the provisions of Civil Code Section 798 41; increases in rates of ~ ............ ~^~ utilitiesiiiiii and governmental assessments such as real property taxes, license fees, and assessments for municipal services or improvements. Copies of bills, invoices, or other appropriate supporting documentation shall be kept on file in the park owner's on-site business office, and made available for review by affected residents upon reasonable request at any time during normal business hours. I. "Mobilehome Park" or "Park" is an area of land where two or more mobilehome sites ~i~i~i~i are rented, or held out for rent, to accommodat~:~:~lehomes used for human habitation. 9.50.040 Negotiation Commission-Membership. (Section repealed by 0rd 2306 ~1 (part), 1989; 0rd 2291 §1, 1989; 2282 §2, 1988; Ord 2163 §5, 1986; Ord 1997 §1 (part), 1982} . 9.50.060 Powers of a negotiation commission. (Section repealed by Ord 2306 §1 (part), 1989; Ord 2282 §2, 1988; Ord 2163 §7, 1986; Ord 1997 §1 (part), 1982). :f trent ~ncrease without e~hange of ::::::::::::::::::::::::::::::::::::::::::::e r ship. ::::::: ~ ~~ ~..~ ~ ~:i~:~ A. In any situation where a mobilehome park owner wishes to increase the space rent to an existing resident above the applicable CPI, he or she must first give notice to affected residents, at the same time the ~" ..... ~ ,~) ninety (90) day notice required by Civil Code Section 798.30 is given, as fol lows: NOTICE - RE~ INCREASE IN EXCESS OF CPI IF YOU DO NOT TAKE ACTION TO ~ ~~::~ ~:::~~::~ITHIN THIRTY DAYS, This is a notice of space rent increase which exceeds the percentage increase of the Consumer Price Index (CPI) for the most recent twelve (12) month period, as reported by the Bureau of Labor Statistics, preceding this notice. The CPI is __% and this increase is % of your current rent. Under the City's Municipal Code, you are entitled to the following rights 1. I am required to hold a meeting with the residents to discuss the reasons for the increase. The meeting will be at :. ~:~ time and p ~:'~:~:~ ::: :: :( ~:~i~ ~:: ~ ~ ~::::. :. ~ ~b5 ~:~ ~::hJ~ ~. ~ ~ ~: ~ ~:::~::::::::::::~:~2::::::::::5::~:~ .......... ~ ~:~::::: :::::::::::::::::::::::::::::::::: Under the City' s ordinance, owners and residents are encouraged to attempt to resolve differences regarding this increase. 2. You have the right to file for arbitration with thc if you attend the meeting to discuss T~ file for ~-~ ........... ~ ~ .... b~A~ (30) days of the date this ti is ed y T~ ..... ~ ~ --7 ~^ +~ $13,000 $15,000 per D ..... ~ ....... ~.~-~. If you have questions ~= ...... = arbi ......... or need more information, you can call the City at~ .... ~, This increase is in addition to the following allowable pass-throughs: [identify type and amount of major capital improvement or other allowable pass-through] The following space nu~ers are subject to this increase: [insert nu~ers of affected spaces]. B If the residents within the affected mobilehome park have established ~ ~:.~::~:. representative body and notify the owner in writi~:"~:{'='~[~'~istence, a copy of the rent increase notice must also be sent to the chairperson of that body. C A copy of the rent increase notice shall be mailed (~::~:~ ~:~.~. return receipt requested) to the Com~:~:~ ~[~:~:=D:~'~{~ent of the City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910, at the same time as issuance of the notice to residents. D The rent increase notice must contain the space nu~ers of all residents who are subject to the increase which is above the amount of the applicable CPI. 9i5~ iOwner Meetings and Possible Voluntary Negotiations. within ~"~ /=~ ~ .... ~ .......... ~ 10 days after service of a notice of increase, as provided in Section 9.50.06~, the park owner must ~{ihold an informal meeting for the ben"fit of the affected reA'id~h[s to discuss~ ~ ~- ~:.::.~:.increase. It is hoped that such a meeting may lead to volu~:~:~ Settlement of any dispute. I The meeting should be set for a time and date believed to be convenient for residents and may be changed to a different date based on the reasonable request of the residents. to attend thc ~^^~ ~ ..... ~ ~ ..... ~ ~ .... ~^~ 9.50.067 Notice of mRent ~ncrease upon ~hange of e~ership. The review process shall also be applicable to the situation where space rent is increased above the applicable CPI upon change of ownership of the mobilehome or removal of tko unit. Either the incoming or outgoing owner-occupant shall have the right to arbitrate A. Outgoing Mobilehome Resident's Right tc Arbitration ~.~. If an outgoing mobilehome resident intends to sell mobilehome, the owner shall provide to the outgoing resident within 15 days of the receipt of a written notice of intent to sell, a written statement as to the rental rate to be offered to the incoming mobilehome resident ~ ..... ~ ~ ~,, mu ........... If the rate of increase in rent to the new owner-occupant is above the amount of the applicable CPI as provided in Section 9.50.068 A, then thc current rcsidcnt increase under the provisions of Section 9.50.070. The ~ ........ written st~ .... ~ ~ ~m ..... ~ .... ~ C ~ .... outgoing rcsi~cnt. B. Incoming Mobilehome Resident's Right to ~ The owner shall also provide within 15 days of recemvzng~ mobllehome, ................................. :: :~: :~: ~: ~ ~ ~ ~ ~ ~:~: ~: :~ ~ ~: ~:p: ~:: ~: R~ ~ ~ ~ ~ ~ :~:~: :~:~ ~: ~:~ ~:~: ~ ~ .~:~ ~ P~8:aJ:~l~6nt hs to (I} the rental rate to be offered to the ~ident ' incoming mobilehome .... ~ ~ R~ ......... C, bo!ow and, (~) {~]{ notice as to whether the outgoing mo e ome res ent ets ............ gcc ~g~ ~.~6~h~~as to the increas~:~ such notice, properly and truly prepared, then if the outgoing resident did not in gcc~ faitk exercise or pursue to completion their right to arbitratc stated above in subsection A, or reach written the amount of the space rent for the incoming mobilehome resident, the incoming mobilehome resident shall have the right to arbitratc ~ ~g ~i~ the increase under the provisions of C. The park owner's statement shall contain the following: NOTICE - RENT INCREASE IN EXCESS OF CPI~R:~ IF YOU DO NOT TAKE ACTION TO ~mm~n~ ~ A ~ ~T~E~:~:~:~::~ THE SALE OF YOUR MOBILEHOME This is a statement of space rent increase which exceeds the percentage increase of the Consumer Price Index (CPI) for the twelve (12) month period, as reported by the Bureau of Labor Statistics, preceding this statement. The CPI is % and this increase ~ the following allowable pass-throughs: [identify type and amount of major capitol improvement or other allowable pass -through] . Under the City's Municipal Code, the outgoing resident has the first right to arbitratc ~ K~ ~ the rental increase and in the event he or she falZs ~o pursue ............ ~::~ to completion, the incoming resident is fmle for ............ ~ ~n~ ~wmth the Czty S Development Department. In order to .......... ~ ou must 1 .................... ~ ...... ~ ~, Y P ~ :~[~ ~ ~:/~: with the City's Community ~$~:~:~:~[~:~:~:hirty (30) days of the date this notice is served on you. If you do not ~ ~m~ ~ .... you forfeit your right to arbitratc ~&~g ~.~[[~ ~t increase. If you ~avc~ ~ ........... ~ ...... ~ ................... ~ ~ ~ D. If the residents within the affected mobilehome park have established a representative body and notified the owner in writing of its existence, a copy of the rent increase notice must also be sent to the chairperson of that body. E. A copy of the rent increase notice shall be mailed ~~ ~ return receipt requested) to the Commu~'~ ~[~$:~:[~:~:~nt of the City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910, at the same time as issuance of the notice to residents. 9.50.068 Notices of CPI, Rent Increases-..---~ .,-~:-u~.. tv ..---,,," m - - ,.-. A. The CPI is published twice each year by the Bureau of Labor Statistics. The Community Development Department shall mail to each park owner or their agent the applicable CPI to be .... ~ ~ ~~ ~pp~ ~ ~ ~ space rent increases as soon Department receives the applicable CPI from the Bureau of Labor Statistics. Park owners shall use the CPI furnished to them by the Community Development Department written notification from the Community Development Department that the CPI has changed. The park owner shall post, in a prominent place, the notification from the Community Development Department so that all residents are aware of the applicable CPI. B. A copy of the notice to residents to increase space rent, whether or not the increase is above the applicable CPI, shall be mailed (~ ~ ~ ~ return receipt requested) to the Com~:[:~:~:~:~:~:~:~~tment, 276 Fourth Avenue, Chula Vista, CA 91910, at the same time as issuance of the notice to the residents. C. The Park Cwncr ~m~ ~ ~ ...... ~ ~ ~ ~m .... ~ 9.50.070 Initiation of Space Rent Review. thc original B C D -13- 9.50.073 Factors to Consider in Fixing Space Rent If a proposed rental increase is submitted tc either thc pursuant to 6~' ~'6Vi~16~ 6f 6~i~ A ........ ~ ~Mm~ shall determine the rent that is fair, just and reasoJ~i~:iJ~: in doing so~ may consider the following factors: 1. The need for the proposed rental increase of the space in order to permit the owner to secure a fair and reasonable return, when considering the existing rental scheme for all spaces in the park and all existing or expected expenses in owning and operating the park, on the owner's investment in the park. A fair and reasonable return may be determined by the Ro..~ ~..4 ....... ~,,~4~.. reference to industry standards, risk of inve~{~H{['~"0ther acceptable standards. A. In considering the existing or expected expenses in owning and operating the park, the..~..~ A ........ = ~9~~may consider the following ~ ~ ~ il'ems of expense, the reasonab:[:~:~ ::::::::::::::::::::::::::::::::::::::::::::::::::::::: to them: -14- /¥-/? (1) Property or other taxes. (2) Mortgage or ground rent payments. (3) Utility costs. (4) Capital improvements or rehabilitation work. (5) Repairs required. (6) Other operating and maintenance costs 2. The extent to which the proposed rental increase will cause a reduction in the resale value of the mobilehome. 3. Changes in the Consumer Price Index for Ail Urban consumers in the San Diego Metropolitan Area published by the Bureau of Labor Statistics. 4. Rents lawfully charged for comparable mobilehome spaces in 5. The timing and amount of rents and rent increases for this and other spaces at the mobilehome park. 6. The quantity and quality of the improvements and features at the mobilehome park. 7. The quantity and quality of services offered to park residents. 9.50.075 Fixing of Space Rent. The rent on any particular mobilehome space shall be fixed as follows: A. In the event that the tcnant ~ and an owner reach agreement, with or without th~ b~h'~fit of mcdiaticn or arbitration ~ ~~ ~r~i the rent for the pad shall be fix~:~~ rent at such time agreement is reached unless the agreement othcrwisc provides for a different effective B. In the event that the tenant ~ and an owner do not reach agreement, and the ========================== established by the Commission according to the procedures herein established, the rent for the pad ~ shall be fixed at the rental rate so established by ~h~ Commission as of the date of the Commission s decision, e~ ~ ~ ~ ~~9~~ Commission may not set the rent lower than the pre-existing rent or higher than the amount contained in the Notice of Rent Increase in excess of CPI. -15- C. Unilateral Refusal to Put ................ ~:i~ ~i~[ In the event ~[t ~es~de~ ~ owner fatal ~ ~$' [~, mn good famth, follow ~::~::~edure herein fixed for the establishment of rent, which may include but not be limited to rcfusa! to ~ .... ~ ~ ........ ~ refusal to attend noticed hearings, then the rent for the pad ~ shall be fixed as follows: 1 If the tenant ~ has failed or refused ~ .... ~ faith to follo~:~:~:~:~rocedures herein fixed for the establishment of rent, then the rent shall be fixed at the rental rate contained in the Notice of Rent Increase in Excess of CPI. 2. If the owner has failed or refused in good faith to follow the procedures herein fixed for the establishment of rent, then the rent shall be fixed at original rental rate not increased by either the CPI or the amount contained in the Notice of Rent Increase in Excess of CPI. D. Waiver of Fixed Rent. Notwithstanding the aforementioned manner in which the rent shall be fixed, a refusal or failure, accompanied with the knowingly improper assertion that a greater rental is due by the owner or his or her agent, to accept a rent payment from a resident in an amount which is equal to or greater than the rent fixed by Subsections A, B or C of this Section shall constitute a waiver by the owner of the right to collect said rent, in its entirety, for the rental period for which the rent was refused, unless the prot ........ tenant consents, in writing, to waive the ~ ~ ~6~i~ of this Subsection. 9.50.076 Right to Mediate Mobilehome Resale Price. A. In line with the purpose of this chapter to maintain a supply of affordable housing in the mobilehome market, it is the goal and objective of the City that an outgoing resident should not be able to command, due to limited mobilehome space availability, a higher price for a mobilehome upon sale due to the fact that the space rent is regulated by the provisions of this chapter. However, the Council finds that the extent and prevalence of overcharging for mobilehomes is not so significant a problem in Chula Vista, and that it has little, if any, significant effect on the supply of affordable housing in the City of Chula Vista, to require mobilehome resale price regulation by the City. The Council feels that this is due, in part, to permitting CPI increases in rents without review. However, on a case-by-case basis, there may be isolated occurrences of overcharging for mobilehomes due to space rent regulation, and in such event, any abuses can be adequately addressed by the mediation offered by this section. The Council further finds that if, after time, it appears that the mediation process offered by this Section is inadequate to address the problem, it may reconsider more stringent control over mobilehome overcharging. B. The park owner shall post the following notice in a prominent place, in the on-site office: NOTICE OF THE RIGHT TO MEDIATE THE PURCHASE PRICE OF MOBILEHOME In addition to the right to arbitratc ~iiiiii~i~iiiiiii~iiiii!an increase in space rent above the applicable CPf~:i~:':~:~'::~:~l purchaser of a mobilehome has the right to mediate the purchase price of a mobilehome, if you contend that the purchase price is higher because of space rent regulation than the purchase price might ordinarily be without space rent regulation. In order to submit the purchase price dispute, based solely on the grounds that the purchase price is more than would ordinarily be without space rent regulation, between yourself and your potential seller to the Chula Vista Mobilehome Rent Review Commission for non-binding mediation you must: 1. Extend an offer to purchase the mobilehome, but not execute an agreement to purchase; 2. Sign and file with the Community Development Director the form requesting mediation prior to executing a purchase agreement; and, 3. Participate in the mediation process provided by the Mobilehome Rent Review Commission. C. If, prior to executing a mobilehome purchase agreement, the incoming resident contends that the price at which the mobile- home is offered by the outgoing resident is higher because of space rent regulation than the price of the mobilehome without space rent regulation, the incoming resident has the right, upon tender to the seller of an offer to purchase the mobilehome at a price acceptable to the incoming resident, to submit the price dispute to the Mobilehome Rent Review Commission for mediation. D. Upon submittal of the price dispute to the Mobilehome Rent Review Commission by the incoming resident, the Commission shall convene as soon as ........ ~:~,~:~:,:~,::,to hear the dispute, not sooner than 10 days no~i~ ~'~'he buyer and seller of the time and place at which the mediation shall occur. If the Seller fails to appear, the Commission should hear the complaint and evidence of the incoming resident for the purpose of creating a record of such abuses, if any. However, the Commission shall have no power to set the resale price of a mobilehome with or without the presence of the parties ~ ~ .... ~ ~ ~ ~ ~ ~ th a~rcc E. The purpose of the mediation, and the sole jurisdiction of the Commission in the mediation, is to get the parties to agree, if possible, to a price which reflects the value of the mobilehome as if the space rents in the park were not regulated by this chapter. 9.50.078 Criminal Acts. The following acts shall constitute a criminal violation of this chapter, including the owner of a park if done by an owner's agent with the knowledge or consent of the owner: A. Knowingly demanding, accepting or retaining any rent in excess of the amount fixed by this chapter, including the demanding of rent waived under the provisions of Subsection C of Section 9.50.075, except that demands for annual increases in rent and negotiations for rent permitted under 9.50.067 B shall not be deemed illegal. B. Knowingly commencing, or threatening to commence, or maintaining an eviction or unlawful detainer proceeding against a resident for the failure to pay a rent in excess of the amount fixed by ~i~i~i~i~iiiiiiiii~i~iiiiiiiithis chapter. 9.50.080 Mediation of negotiation co~issioner's decision. (Section repealed by Ord 2282 §2, 1988; Ord 2163 §9, 1986; 0rd 1997 §1 (part), 1982). 9.50.081 Civil Remedies. A. Civil Action. Any person who demands, accepts, receives or retains any payment of rent in excess of the maximum rent allowable by this Chapter shall be liable in a civil action, including unlawful detainer, to the person upon whom the demand was made or from whom the rent was accepted rcccivc~, ~i~iiiii~i~iiiiii~i~iiiii!reasonable attorney's fees and costs as B. Administrative Action. In the event ~ ~4~ a ~4~ _18_ 9.50.083 Criminal Remedies. A. Any person committing a criminal violation of this chapter shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under the provisions of this chapter shall be punished by a fine of not more than a $1,000 or by imprisonment in the county jail for a period of six (6) months in jail or by both such fine or imprisonment. 9.50. 085 Arbitration. (Section repealed by Ord 2306 §1 (part), 1989; Ord 2282 §1, 1988). 9.50.090 Deferral of Rent Increases. (Section repealed by Ord 2451 §8, 1991; Ord 2306 §1, 1989; Ord 2282 §2, 1988; Ord 2163 §10, 1986; Ord 1997 §1 (part), 1982). 9.50. 100 Severability. If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held znvalid or unconstitutional, such portion shall be deemed a separate and independent provision and such decision shall not affect the validity of the remainder. 9.50. 110 Enforcement. (Section repealed by Ord 2282 §2, 1988; Ord 2163 §11, 1986; Ord 1997 §1 (part) , 1982) SECTION II: This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Presented by Approved as to form by Chris Salomone, Director of Attorney Community Development PROOF OF PUBLICATION This space is for the County Clerk's filing stamp (201 5.5 C.C.P.) STATE OF CALIFORNIA, County of San Diego: I am a citizen of the United States and Proof of Publicaton of: a resident of the County aforesaid; I am .._c.v._!_0_9_8.0_ ...................................... over the age of eighteen years, and not a party to or interested in the above- NOTZCE OF PUBLIC HEARZNG entitled matter. I am the principal clerk NOTIC~EOFPUIN.IC of the printer of the STAR-NEWS, a ¥1~TA CITY COUNCIL newspaper of general circulation, pub- CALIr,4~NIA lished ONCE WEEKLY in the city of NOTICEI~HEREBYe~,fnotice VEN TI.~T THE CHULA _y Chula Vista and the South Bay Judicial V~A hold a ~ h~'ir~ to ce District, County of San Diego, which A sedM of amendm~ls been newspaper paper of general circulation by the Superior Court of the County of San ~,,,t~ ~ ~o- Diego, State of California, under the Ju~ P. ,'~m,/o, Hou~g date of April 23, 1951, Case Number velopme~t Depertmem 182529; that the notice, of which the annexed is a printed copy (set in type ~ o¢ opm6ition to be not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following limi~ ~ ~ ~ ~e dates, to-wit: "~ ~ ~"~ rm~d at ~ ~ ~ng 6/6 ~n all in the year 1998 Wl~ BE day. June I ce~i~ (or declaro) under penalt7 of Pu~ ~ Bui~- perju~ that the foregoing is true and CO rFect. ~.g~ ~ ~ ~ ~r. DATED: CVI~ Dated ~t Chula Vista, Californi~ 91910 this 6 day of June , 19 98 Signature ~'~//~'~,~) ~//~ ~ 1,,)/.//L PRINCIPLECERK J' /~-2¢ COUNCIL AGENDA STATEMENT Item Meeting Date June 16, 1998 ITEM TITLE: PUBLIC HEARING: To Consider an Increase in the AB 939 Fee to Fund a Household Hazardous Waste Education and Disposal Program for Chula Vista Residents and Conditionally Exempt Small Quantity Generators. RESOLUTION: ~/,~d/?~/~ Increasing the AB 939 Fee to Fund a Household Hazardous Waste Program and Appropriating Funds Therefor. SUBMITTED BY: Conservation Coordinat _ REVIEWED BY: City Manage~ [ ~.]'~ ~ ~__~.~ (/~;:i (4/5ths Vote: Yes~X No__) The County of San Diego will no longer fund household hazardous waste disposal and hotline services for Chula Vista and the other (17) seventeen jurisdictions in the county after July 1, 1998. Staff is requesting that Council authorize the increase in fees needed to pay the cost of funding the program. BACKGROUND: The California Integrated Waste Management Act of 1989 (AB 939) requires that all cities and counties develop and implement a Household Hazardous Waste Element (HHWE). Cities and counties are subject to civil penalties of up to $10,000 per day for failure to make a good faith effort to develop and implement their plans. AB 939 further established that a city may impose fees in amounts sufficient pay the cost of preparing, adopting and implementing HHWE's as an element of an integrated solid waste management plan. Chula Vista and the other seventeen cities in the county (excluding the City of San Diego)jointly developed and submitted an amended regional Household Hazardous Waste Element to the State that has been in place since 1990. The household hazardous waste program was funded by County tipping fees paid by cities and their residents for waste disposal at County owned landfills. For many years, Chula Vista residents where able to take hazardous or toxic wastes such as paint, solvents and pesticides to the County's only permanent facility (APTEC) at the Otay Landfill. Residents from other cities and the county unincorporated areas drove to the Otay Landfill for disposal or waited a year or more to participate in temporary one day collection events in their area. In May 1997 the Otay hazardous waste facility closed permanently. Since then Chula Vista residents have been able to take up to 5 gallons or 50 pounds of toxic household materials to Coronado, or 15 gallons/125 pounds to one of two new facilities in Poway and Vista. The new facilities were built with state grant funds recommended and supported by Chula Vista. On September 16, 1997 a staff report to Council outlined the potential dismantling of the current household hazardous waste program and requested authorization to negotiate with South Bay jurisdictions to develop a comparable replacement agreement (Exhibit A). Page 2, Item __ Meeting Date June 16, 1998 In November of 1997, the County sold the landfills and lost the revenue source used to support the household hazardous waste program for all county residents. Chula Vista residents received a notice in their refuse bills and ads where placed in the paper to promote the "last opportunity for free household hazardous waste disposal." Chula Vista hosted a one day collection event in October 1997 to provide that option for South Bay (Exhibit B). Subsequently, at the request of cities, the County agreed to continue funding for household hazardous waste disposal at existing facilities through the current fiscal year however, funding for the current program will end on July 1, 1998. Approximately (800) eight hundred Chula households participated in the two one day household hazardous waste collection events in 1997. Approximately, ten Chula Vista residents have used the Coronado facility every week since the Chula Vista facility closed in May. Only a couple of vehicles have used the Poway and Vista facilities over the past year, and approximately 50 Chula Vista households utilized the one day event held by the City of San Diego at Montgomery High School. An average of 500 Chula Vista households have used either the County or City of San Diego household hazardous waste program each year for the past four years. To continue providing access to those programs it will cost between $65 and $95 dollars per vehicle and approximately $15,000 per year (or 30¢ per household) for hotline and public education services. RECOMMENDATION: Approve the resolution authorizing the increase in the City current AB 939 Fee from 1% to 2% to fund the household hazardous waste program for 1998/99 fiscal year. Staffalso recommends that Council appropriate funds (Exhibit C) for the program as outlined in Option 1, for household hazardous waste services. BOARDS & COMMISSIONS: The Resource Conservation Commission reviewed the household hazardous waste program recommendation at their June 15, 1998 meeting and an oral report can be made to Council upon request. DISCUSSION: The cities and County have met for the past year to develop and implement a regional household hazardous waste program with mixed success. The County has developed some (13) thirteen different funding scenarios to accommodate requests made by the individual cities. A final funding formula was presented in March. It is not likely that all the cities in the county will participate in a regional public education or disposal program at this time. Chula Vista has taken the lead over the past year in the South Bay to develop a sub-regional program that keeps costs as low as possible, equitably distributes costs among all jurisdictions and provides reasonably convenient access for household hazardous waste generators. In our meetings, South Bay jurisdictions have met to identify a mutually agreeable site(s), review historical use and establish a budget that estimates costs. While all the South Bay cities have expressed interest in a regional program or reciprocity agreements it is not certain how many other jurisdictions other than Chula Vista and the County will initially participate in a county- wide program with the County and Chula Vista. Staffbelieves that it will be more cost-effective and convenient for all South Bay cities to join the County and Chula Vista and that they will eventually do so. Page 3, Item __ Meeting Date June 16, 1998 The programs estimated costs of $85,000 per year take into account the possibility of participation by other cities. Their decision to participate or not participate in a regional program will not require an increase in the proposed budget. The City and County hope that other cities will participate and that an economy of scale will help to provide some modest cost reductions in the future. Chula Vista has four primary options to provide safe household disposal services: Option 1, Participate in a Regional Program With the County of San Diego; Under this option the City would conclude a agreement with the County to: 1) Administer a regional or sub- regional program 2) Establish a Permanent Household Hazardous Waste Collection Facility that will be much more convenient for Chula Vista and the majority of South Bay residents, 3) Provide a "Conditionally Exempt Small Quantity Generator" (small business) provision, 4) Provide at least one temporary event in the first six months of the agreement if the permanent facility is not in operation, and 5) Provide a household hazardous waste hotline for Chula Vista residents. The County proposal also provides for the City's participation in a Regional Household Toxics Committee that will review program changes as needed, and act as the review committee for the development and review of sub-contracts. The proposed agreement also contains a "voucher" provision that would allow the City to further control costs by further controlling promotion and access to the program. The agreement establishes the County as the generator of waste at the facility and events which removes the City and residents from liability for household hazardous waste handling and disposal to the extent the law allows. The proposed agreement (Exhibit D) also contains a provision to terminate the agreement quarterly, with 30 days notice. The termination, Regional Committee, "voucher" and generator provisions provide the City with a reasonable mechanism to control the quality, cost and liability for household hazardous waste services. This option is consistent with the amended Regional Household Hazardous Waste Element already approved by the state and would not require the review or cost associated with a new or amended plan. This option focuses our limited resources on providing the public with a convenient method of disposal and a public education program that concentrates on reducing the amount of material generated, and further reducing future disposal costs. The County draft agreement provides the best opportunity for cost savings and the environmental effectiveness that naturally accrues from a regional approach on this issue. Option 2, Provide Household Hazardous Waste Services With City Staff: The City does not have the staff expertise or facilities to provide permanent or temporary collection services at this time. Addressing the administrative, technical staff; capital, permit and liability issues would increase the cost per participant and reduce the funds available for disposal, consequently reducing the volume of HHW that could be diverted. Option 3, Contract With a Public Agency Other Than the County, or Contract With a Private Agency: Other than the City of San Diego, the rest of the jurisdictions in the county are either to far away or too small on their own to consider as contract service providers. The City of San Diego has expressed an interest in participation through reciprocity agreements and has declined Page 4, Item __ Meeting Date June 16, 1998 to take the lead as a service provider outside their jurisdiction when asked. The City could contract for solid waste services with a private firm. The best opportunity to contract out cost effectively is in September 2002 when the City can add household hazardous waste services to the package of services it requests in a new solid waste franchise agreement. Option 4: Not Provide a Disposal Pro~ram. If the City does not have a program we will still be asked by jurisdictions with a program to pay for those households/vehicles that show up at their facilities or one day collection events. As a program participant we can use reciprocity to balance the costs of inter-program participation and provide a higher level of ~ervice and convenience for our residents. The program is a required part of our Integrated Waste Management Plan under AB 939 and is outlined as a regional program in the Household Hazardous Waste Element we established in 1990 with the County and 17 cities. CONCLUSION: A one day collection event for a single jurisdiction is estimated to cost approximately $75,000 just for contract disposal and permits. That does not include traffic control, technical staff time, promotion, public education or dealing with any improperly disposed of material at the site after the event. For the same cost, the staff recommendation will provide Chula Vista residents with a local facility for greater convenience, it will be available at least one day a week instead of one day a year, it will not have the long lines associated with one day events and it provides an information hotline and City controlled public education program. Additionally, if Options 2, 3 or 4 are selected the City would need to amend if not redraft and resubmit its Household Hazardous Waste Element to the State for approval. The cost of that redraft is projected to be between $8,000 and $25,000. Finally, pollution does not recognize jurisdictional boundaries. Household hazardous waste that enters the storm drain system will contaminate our water shed, impact the environment, public health and welfare regardless of whether it comes from Chula Vista or a neighboring jurisdiction. Protecting public recreation and wildlife areas depends on the effectiveness of hazardous waste diversion throughout our watershed. Staff's recommendation addresses the regional importance of assisting our contiguous jurisdictions with keeping hazardous waste out of the water shed we all share. The reconunendation allows the City and the County to assist smaller jurisdictions by providing an option for all South Bay jurisdictions and their residents. A regional program provides the best opportunity to offer everyone a convenient, cost effective and equitable opportunity to properly dispose of their toxic materials and meet the intent and spirit of the programs environmental goals. If Council approves staff's recommendation the City would use the refuse bill surcharge to begin to accrue approximately $95,000 per year for household hazardous waste programs. That will cost the average residential rate payer approximately $0.11 per month. It will cost the typical small business or multi-family dwelling commercial customer $0.65 per month. Poway has recently established a 67¢ per month per household fee for this purpose. A number of cities already had HHW fees or are using the funds accrued from rate decreases that were not passed on to rate payers from the last landfill rate reductions. After adjustments for the Household hazardous waste fee, Chula Vista's residential rate will either remain the second lowest rate in the County or will become the lowest rate (Exhibit E). Page 5, Item __ Meeting Date June 16, 1998 The funds generated by staff's request would be used to pay the costs of an agreement negotiated with the County or any second party for a Household Hazardous Waste Program. Disposal costs for that program are estimated to be approximately $75,000 for the 1998/99 fiscal year. The remaining funds would be used to: 1) pay disposal costs from unexpectedly high participation rates 2)provide public education and advertising for the program, 3) provide additional services to "conditionally exempt small quantity generators" (small businesses), 4) provide door-to-door service for the disabled, and 5) pay the costs of reciprocity with other programs. FISCAL IMPACT: There would be no impact to the general fund for approving staff's recommendation. The City's administrative costs are included in the existing Conservation Coordinator position. Staff's recommendation would increase the current AB 939 fee surcharge on refuse rates from 11¢ per month per household to 22¢ per household per month and from 65¢ per month for the average business to $1.30 per month. Those fees would fund disposal, hotline and some of the associated educational costs. mtm:hhwt reso98.wpd Exhibits RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA INCREASING THE AB 939 FEE TO FUND A HOUSEHOLD HAZARDOUS WASTE DISPOSAL PROGP3~M AND APPROPRIATING FUNDS THEREFOR WHEREAS, the California Integrated Waste Management Act of 1989 (AB 939) requires that all cities and counties develop and implement a Household Hazardous Waste Element (HHWE); and WHEREAS, AB 939 further established that a city may impose fees in amounts sufficient to pay the cost of preparing, adopting and implementing HHWE as an element of an integrated solid waste management plan; and WHEREAS, Chula Vista and the other 16 cities in the County (excluding the City of San Diego) jointly developed and submitted a regional Household Hazardous Waste Element to the State that has been in place since 1990; and WHEREAS, the program was funded by tipping fees generated at County owned landfills that cities and their residents paid into for waste disposal; and WHEREAS, in November of 1997, the County sold the landfills and lost the revenue source used to support the household hazardous waste program for all county residents; and WHEREAS, subsequently at the request of cities, the county agreed to continue funding for household hazardous waste disposal at existing facilities through the current fiscal year, however, funding for the current program will end on July 1, 1998; and WHEREAS, staff recommends authorizing the increase in the current City AB 939 Fee from 1% to 2% to fund the household hazardous waste program for 1998/99 fiscal year; and WHEREAS, the City has worked with Pacific Waste Services to develop and schedule the implementation of a cost effective funding mechanism that equitably distributes costs among program participants and Pacific Waste has agreed to implement collection of the proposed AB 939 increase in accordance with its existing franchise. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby increase the AB 939 fee to 2% effective July 1, 1998 to fund the household hazardous waste program for 1998/99. 1 BE IT FURTHER RESOLVED that the amount of $95,000 is hereby appropriated to Account 270-2704 as follows: Household Hazardous Waste 1998/99 Proposed Budget Item Budget Recommendation Advertising (5211): $1,000.00 Printing & Binding (5212): such as: brochures and billing inserts, $10,000.00 Contract Services (5298): Disposal, Hotline $75,000.00 Other Commodities (5398): such as: postage, office supplies, promotional materials, $1,000.00 Contingency (5399): Small Quantity Generator Services, Disposal Costs for Unexpectedly High Participation, Reciprocity with other Programs, Door-to-Door Service for the Handicapped $8,000.00 TOTAL $95,000.00 BE IT FURTHER RESOLVED that staff is directed to take all necessary and reasonable actions to implement this approval. Presented by Approved as to form by Michael Meacham, Conservation ~ohn~r~Kahen~, City Coordinator 2 PROOF OF PUBLICATION This space is for the County Clerk's filing stamp (201 5.5 C.C.P.) STATE OF CALIFORNIA, County of San Diego: I am a citizen of the United States and Proof of Publicaton of: a resident of the County aforesaid; I am ___c_v__!_0_9_8.5_ ...................................... over the age of eighteen years, and not a party to or interested in the above- PUBLIC HEARING entitled matter. I am the principal clerk 11011CE OF A PUgLIC of the printer of the STAR-NEWS, a VISTA C newspaper of general circulation, pub- CHU~V~A, CI~.IFORNI~ lished ONCE WEEKLY in the city of P ice NOTICE IS HEREBY Chula Vista and the South Bay Judicial G~EN THAT THE CHULA VisTA CI~Y COUNCIL will District, County of San Diego, which ,o~d a publichearingtO consist the fot~wing: newspaper has been adjudged a news- An increase in the AB paper of general circulation by the 9B0 Fee to fund a Superior Court of the County of San Household Hazardous Waste Education and Disposal Program for Diego, State of California, under the date of April 23, 1951, Case Number cond,ioflallyexemptSrrml' quantity generators. For 182529; that the notice, of which the 4urther information, call the Conservation Coordi- annexed is a printed copy (set in type nator at 691-5122. Ifyou wish to challenge not smaller than nonpareil), has been the City's actton on these matters n court, you may published in each regular and entire be limited to rasmg only issue of said newspaper and not in any tho. issues you or someone elqe raised a!~t~ public hearing ~escrloeu supplement thereof on the following cOt respond,e?~.e, delivered dates, to-wit: or prior to the public 6/6 hearing, SAID PUBLIC HEARING WILL BE HELD BY THE all in the year 1998 CiTY cOUNCIL on Tues- day,June 16, 1998 at 6:00 p.m in the Council Chambers, Public Servi- I certify (or declare) under penalty of cesB¢ldng, 2?BFondh Avenue. at ~fnich time any perjury that the foregoing is true and ,ersoh .desiring to c o r re ct. beheard may appear. DATED: June 4, 1 ~9,,~98 CV10985 Dated at Chula Vista, California 91910 this 6 day of June , 19 98 . )/ ¢ Signature; ,~/~* PRINCIP-LE ~/LER[< J COUNCIL AGENDA STATEMENT ITEM MEETING DATE: June 16. 1998 ITEM TITLE: Ordinance Amending Chapter 2.16 of the Cbula Vista Municipal Code Establishing the Library and Recreation Department SUBMITTED BY: Library Directort~? REVIEWED BY: City Manager (4/Sth Vote: Yes No X ) The resignation of the Parks and Recreation Director has provided the City with a unique opportunity to review its organizational structure with an eye towards creative cost savings, staffutilization and program implementation. As aresult, a plan has been developed to transfer the functions of the Parks and Recreation Department to the Library, Public Works and Planning Departments. This ordinance abolishes the Parks and Recreation Department, creates a new Library and Recreation Department, and assigns other duties as appropriate (ATTACHMENT A). RECOMMENDATION: That Council adopt the ordinance. BOARD/COMMISSION RECOMMENDATION: At their meeting of June 10, 1998, the Parks and Recreation Commission voted 5-2 (Helton, Radcliffe, No) to support the reorganization. Their motion included the request that the phrase "provide staff(to the Commission) to meet the needs of the agenda as appropriate" be added to the ordinance (ATTACHMENT B). At their meeting of June 9, 1998, the Library Board of Trustees voted 5-0 to support the plan (ATTACHMENT C). NOT SCANNED DISCUSSION: The City Council is aware that following the resignation of the Parks and Recreation Director, the City Manager asked the Library Director to coordinate a reorganization plan for the Parks and Recreation Department. That plan is being sent to Council under separate cover and will be formally presented at a Council budget workshop on Thursday, June 18, 1998. Normally, Council would not take action on any ordinance change until after they had approved the restructuring plan. However, the City Attorney has recommended that the Council approve both readings of the new ordinance, which abolishes the Parks and Recreation Department and creates a new Library and Recreation Department, before the beginning of the new budget year on July 1, 1998. Council is scheduled to meet on June 16 and June 23. ITEM , PAGE 2 MEETING DATE: 6/16/98 As a result, staffasks the Council to approve the first reading of the ordinance at the June 16 meeting. Then Council will have an opportunity to review the restructuring plan at their budget workshop on June 18. If after reviewing the plan, the Council gives tentative approval, the second reading of the ordinance can occur on June 23 as part of the adoption of the FY 1998-99 budget. However, if Council does not approve the plan, staff would not ask Council to approve the second reading of this ordinance and it would not go into effect. The ordinance itself is very simple. It abolishes the Parks and Recreation Department, which was created by an ordinance combining separate parks and recreation department. It then creates a new Library and Recreation Department which will have both library and recreation responsibilities. The new department shall also coordinate with other departments for short and long range planning efforts for the development of parks and recreation facilities. It also specifies that park maintenance functions shall be transferred to Public Works and park planning functions transferred to the Planning Department. Staff concluded, in consultation with the Attorney's Office, that the additional language suggested by the Parks and Recreation Commission was probably not appropriate to include in the ordinance itself. However, staff fully supports the wording and intends to implement it and provide the Commission with all necessary staff support. FISCAL IMPACT: Adopting this ordinance has no immediate fiscal impact upon the City. The fiscal impact of restructuring the Parks and Recreation Department are addressed in the City's FY 1998-99 budget. AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 2.16 OF THE CHULA VISTA MUNICIPAL CODE ESTABLISHING THE LIBRARY AND RECREATION DEPARTMENT The City Council of the City of Chula Vista does hereby ordain as follows: SECTION I: That Chapter 2.16 of the Chula Vista Municipal Code is hereby amended to read as follows: Chapter 2.16 ~ LIBRRARY AND RECREATION DEPARTMENT7 Sections: 2.16.010 Established-Scope. 2.16.020 Effect on existing employees. 2.16.030 Director-Duties and responsibilities. 2.16.040 Director to assume duties and responsibilities of certain former positions. 2.16.050 Director-Limitation on authority and duties. 2.16.060 Parks and Recreation Commission. 2 · 16.010 ~ ~ ~l~ h ~ ~ ~_s~a~s~.e~__co~e. This chaDter will establish a library and recreation department which shall combine the services and facilities of the existinq library department and the services and facilities of the recreation portion of the existinq park and recreation department. The library and recreation department shall crovide services and supervision for all library facilities, ~ark recreation proc[rams, recreation ~ro~rams, civic clubs, and other recreational facilities, as well as coordinatinq with other departments for short and lonq ranQ'e planninq efforts for the development of parks and recreation facilities, and in any other manner as directed by the City Manaqer and/or the City Council. The existinq park and recreation decartment is abolished. 1 2.16.020 Effect on existing employees. NO employee who ~ ........ ~'~ ~ ~ ........ l was employed and classified in th ....... ~'~ pre io sly i ti g p k ~ .... ~+ -~ ~ .......... ~ and recreation deDartment shall be penalized in any way by reason of the adoption of this chapter. 2.16.030 Director-Duties and responsibilities. The Parks Library and Recreation Department shall be under the supervision of a director of~ library and recreation, who shall have the following duties and responsibilities: A~. Establish administrative rules and regulations governing the administration of the ~'~ library and recreation department; _B~. Recommend to the Parks and Recreation Commission and to the city council rules and regulations governing the conduct of persons using library, park~ and recreation areas; C~. Plan, organize and direct an adequate recreation program and administer the same; D~. Train and supervise recreational personnel; E6. Prepare and submit a department budget when required; _F~. Schedule the use of recreational facilities; _c~. Attend meetings of the youth advisory council and meet with community groups to stimulate interest in the city' s recreational program; I~. Maintain such records and render such repor5s as may be required by the chief administrative officer; 2 Charge, collect and account to the director of finance the Required Fee(s) for parks and recreation programs facilities and services. 2.16.040 Director to assume duties and responsibilities of certain former positions. Th p iti of ~l ....... rccrcation library director and director of parks and recreation are abolished, and such duties and ~ ............. as attended the~e~oosition~, ~ ...... ~" ~ ....... ~, of director of library director and those duties attendinq the ~osition of director of ~arks and recreation pertaininq to recreation shall be merqed and attached to the ~osition created for director of library and recreation, are ~ ~ .... ~ ....... ~ The provisions of this section shall be cumulative to the other provisions of this chapter and irrespective of such other provisions. Park maintenance functions shall be transferred to the department of public works. Park planninq functions shall be transferred to the plannin~ department. 2.16.050 Director-Limitation on authority and duties. It is not intended by this chapter to grant any authority to or impose any duty upon the director of parks library and recreation which is invested in or imposed by general law or valid city ordinance in any other city commission, board, department, division, service, officer or employee. 2.16.060 Parks and Recreation Commission. A. Number of Commissioners. The Parks and Recreation Commission, heretofore established by Section 611 of the Chula Vista City Charter as a Commission of the city consisting of at least five (5) members from the qualified electors of the city, is hereby constituted, pursuant to the authority as contained in said Charter provision, to consist of seven (7) members in total, appointed and qualified in the same manner and by the same procedures currently applicable to the existing Commission. 3 fill the council The term for each member of the Parks and Recreation Commission shall be for four years as Drovided by Charter. Charter Section 602 Applicable to Council-established Positions. ~ ..... ~ ~ ~ ...... ~ tThe rovisions of Charter Section 602 shall apply to the two new positions created by this ordinance. SECTION II: This ordinance shall take effect and be in full force on the thirtieth day from and after its second reading and adoption. Presented by Approved as to form by David Palmer, Library Director orney 4 COUNCIL AGENDA STATEMENT Item / Meeting Date 06116198 ITEM TITLE: RESOLUTION '/~;-/'~APPROVlNG AN AGREEMENT WITH THE BORDER ENVIRONMENTAL COMMERCE ALLIANCE (BECA) FOR ADMINISTRATION OF REMAINING EDA GRANT FUNDS FOR CONTINUED OPERATION OF THE BECA PROGRAM, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME SUBMITTED BY: Community Development Director //~-"~ - REVIEWED BY: CityManager~~ (4,5thsVote: Yes__ NoX) BACKGROUND: On March 3, 1998, the Council approved Resolution 18917 authorizino the formation of a an independent non-profit corporation to assume operation of the BECA program, as originally envisioned in the BECA Operational Plan, dated October 12, 1994. The funding mechanism for the BECA program has been primarily a grant from the U.S. Department of Commerce, Economic Development Administration, in the amount of $2 million. Approximately ~540,000 was remaining of those funds as of June 9, 1998. The recommended action would transfer the operational responsibility and funding for the BECA program to the newly formed BECA corporation, pursuant to the goals set forth at the inception of the BECA program. RECOMMENDATION: That the Council approve an Agreement with the Border Environmental Commerce Alliance (BECA) for administration of remaining EDA grant funds for continued operation of the BECA program, and authorize the City Manager to execute same. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: Pursuant to Council's direction, staff has assembled a Board of Directors for the BECA corporation and has filed the appropriate documents for incorporation and for non-profit status. The State has approved both the corporate form and non-profit status of BECA, and federal non-profit status is pending. The Board members are identified in the chart attached as Exhibit A, and met for the first time on June 2, 1998. The minutes of that meeting are attached as Exhibit B. In the staff report presented with Resolution 18917 authorizing the formation of the BECA corporation, it was stated that staff would bring forward a contract that would transfer the remaining operating funds for BECA to the non-profit. The proposed action would complete the transition of the BECA program to a separate non-profit entity. Page 2, Item__ Meeting Date 06116198 The BECA Corporation Although the BECA corporation has been formed, the subject Agreement would provide funding for the corporation, so that actual operation of day-to-day activities would now become the responsibility of the corporation. With this funding, the activities of BECA would be controlled by the Board of Directors, as approved by the City Council. The Board now has the power to hold real property and to patent and copyright technologies and information. Two City representatives, as appointed by the City Manager, act as ex-officio (non-voting) members of the Board. The Board is governed by specific bylaws and articles of incorporation that the City Council approved previously. The Articles and bylaws specify that, while the BECA Board of Directors will have control over the operations of BECA, the City Council will maintain approval authority over any changes to the Articles or material changes to the bylaws that relate to the mission of BECA. In this way, the City can guarantee that the focus and purpose of BECA will not be changed. Additionally, the bylaws specify that any residual assets of the non-profit, should it ever be dissolved, will be reverted back to the City for the purposes of continuing the BECA mission. BECA Funding The EDA grant funds would become the initial operating capital for the new corporation. I:undraising efforts for BECA have been focused on public and private grants, as well as financial partnerships with business and industry that assist BECA technology providers in applying their technology to environmental challenges. BECA was awarded, with the assistance of the Chamber of Commerce, a loan/equity 9rant from the California Trade and Commerce Agency for $100,000. Nine other federal and state 9rant applications have been submitted in the past nine months and are pending consideration. The value of the grants applied for is 9200,000. BECA is also currently submitting 9280,000 in PVEA requests on behalf of BECA and two of its technology providers. Prior to establishment of the non-profit corporation, fundraising efforts had been limited because of the fact that most 9rant funding applicable to the activities of BECA is usually only available to non-profit corporations. Some of the aforementioned grant proposals were based on pending non-profit corporate status. BECA has submitted a financial proposal to Home Savings to become its financial partner by providing grant awards and participating on BECA's loan review committee, as well as a stakeholder by becoming part of BECA's Board of Directors. A partnership with Home Savings would not only provide operating capital to BECA, but would benefit BECA tenants by facilitating access to SBA loans and other financing opportunities. The status of the partnership with Home Savings is pending due to the buyout of Home Savings by Washington Mutual. In addition to grant funding, the concept for ongoing financial support of BECA is one where stakeholders would invest in BECA and would ultimately be the beneficiary of BECA technologies. Stakeholders would be companies like B.F. Goodrich, or organizations such as the Port, that have environmental challen0es or that commit substantial operating capital to environmental compliance. BECA and its technology providers Page 3, Item__ Meeting Date 06116198 will provide innovative solutions that can solve these problems and reduce compliance costs. For example, B.F. Goodrich has funded testing of BECA technologies, with the hopeful outcome being that those technologies may be utilized to make their environmental compliance activities more efficient, and consequently save them money. This model fits one of the goals of BECA to improve environmental technology and, at the same time, to benefit business. In this way, BECA will function more as an entrepreneurial enterprise in terms of marketing environmental technologies and fundraising. Terms and Conditions of the Agreement Expenditures in operating the program have been reduced in the last year, in an effort to increase efficiencies in service delivery to the BECA technology providers, and in preparation for self-sufficiency of the program. As of June 9, 1998, approximately $540,000 remained available in EDA grant monies. The Agreement is anticipated to take effect July 1, 1998, at which time, some additional monies will have been spent from that $540,000 balance. To allow for contingencies the value of the proposed Agreement is 8450,000. Any remaining grant funds at the end of the term of the Agreement will be transferred to the non-profit as an amendment to the Agreement. The Agreement specifies the duties of BECA to operate the BECA Program in accordance with the program goals, objectives and guidelines, as well as the Articles of Incorporation and E]ylaws of the BECA corporation. BECA's primary goal will be to recruit, develop and assist companies addressing environmental problems and opportunities along the United States/Mexico border and to encourage trade of environmental exports and products between the United States and Mexico. Specific duties of BECA will include furnishing ali technical, administrative, professional and other labor, supplies, and other materials required to equip the facility as needed. The Agreement requires BECA to track expenditures in accordance with the terms and conditions of the EDA Grant and to provide regular reporting to the City of all program expenses and revenues. BECA will be required to carry the appropriate type and level of insurance and to maintain equipment purchased or donated for the program. The Agreement also contains standard terms and conditions relating to termination, indemnification, assignability, remedies, etc., in general conformance with the City's standard Two-party Agreement form. BECA Staffing Attrition and non-replacement have resulted in only one City position being filled at this time, the Border Environmental Business Cluster (BEE]C) Manager. This and all other BECA staff positions were designated at the time that they were created as being contingent on 9rant funding for a maximum of 3 years. They are unclassified, "at will" positions. Approval of this Agreement will remove funding for all BECA positions and cause the City to eliminate the positions. The BECA voted on June 2, 1998 to continue the employment of the BEBC Manager, Larry 0'Donnell, as Executive Director in the non-profit organization. Page 4, Item __ Meeting Date 06116198 FISCAL IMPACT: The proposed Agreement is to be funded entirely with EDA grant monies. The original value of the EDA grant was 82 million. As of June 9, 1998, approximately $540,000 remained of that amount. To allow for contingencies, the value of the Agreement has been set at 8450,000. Any remaining grant money available to the City at the end of the term of the subject Agreement would be additionally transferred to the non-profit in the form of an amendment to the Agreement. EDA funding is provided on a reimbursement basis. In the past, General Fund money has been budgeted for BECA expenditures then ultimately refunded by EDA payments. Because staff anticipated that the non-profit would assume operating functions of the program prior to the beginning of the 1998-1999 fiscal year, the BECA program is not included in that year's budget submittal. However, there are sufficient remaining funds (approximately 8540,000) in the 1997-1998 FY budget to cover the value of the subject Agreement. These remaining funds would be reprogrammed into account # 100-0262-5203, Specialized Contractual Services, and 8450,000 of those funds would be encumbered for this Agreement. When EDA reimbursements are received, they will be deposited as repayments to the General Fund. City staff time (principally the Environmental Projects Manager in Community Development) will still be required for limited administrative functions related to the Agreement and the program. Costs for this staff time are difficult to estimate at this point but are anticipated to be easily absorbed into existing budgeted functions. {JM) H:IHOMEICOMMDEVISTAFF.REPIO6-16-9818ECA.AGR [June 10, 1998 [12:59pm)] RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH THE BORDER ENVIRONMENTAL COMMERCE ALLIANCE (BECA) FOR ADMINISTRATION OF REMAINING EDA GFIANT FUNDS FOR CONTINUED OPERATION OF THE BECA PROGRAM, AND AUTHORIZING THE MAYOR TO EXECUTE SAME WHEREAS, on March 3, 1998, the Council approved Resolution 18917 authorizing the formation of a an independent non-profit corporation to assume the role of operation of the BECA program, as envisioned in the BECA Operational Plan, dated October 12, 1994; and WHEREAS, the BECA corporation has been formed and the subject Agreement would provide funding for the corporation, so that actual operation of day-to-day activities would become the responsibility of the corporation; and WHEREAS, the Agreement specifies the duties of BECA to operate the BECA Program in accordance with the program goals, objectives and guidelines, as well as the Articles of Incorporation and Bylaws of the BECA corporation; and WHEREAS, BECA's specific duties under the Agreement include furnishing all technical, administrative, professional and other labor, and all supplies, and other materials required to equip the facility as needed; and WHEREAS, the funding mechanism for the BECA program has been primarily a grant from the U.S. Department of Commerce, Economic Development Administration, in the amount of 92 million; approximately 94§0,000 of those funds is remaining; and WHEREAS, the BECA corporation has been specifically tailored to operate the BECA program, and is therefore uniquely qualified to perform the required services NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby: 1) Approve the Agreement, in the form presented, with the Border Environmental Commerce Alliance (BECA) for administration of remaining EDA grant funds for continued operation of the BECA program, and 2) Authorize the Mayor to execute the Agreement Presented by Approved~as to form by Chris Salomone ,~ohn ~.~i~en~ ~'"--~ Director of Community Development ,City Attorney ((JM) H:/shared\attorney/BECA.res (June 10, 1998 (1:48pm)) COUNCIL AGENDA STATEMENT Meeting Date 06-16-98 ITEM TITLE: REPORT: THE COORS AMPHITHEATER EVENTS MANAGEMENT PLAN AND COMMUNITY PROGRAMS TO BE UNDERTAKEN BY COORS/UNIVERSAL SUBMITTED BY: Community Development Director Planning Department~ ,,' ~ ~\Direct°r ~ BACKGROUND: The Conditional Use Permit Monitoring Program for the Coors Amphitheater requires that, prior to the issuance of a Certificate of Occupancy for the project, the developers (Universal Concerts, Inc.) are to be the lead party in forming an Events Planning and Coordination Task Force {Task Force} for the purpose of developing an Events Management Plan. The Task Force was formed in January, 1998 and the Events Management Plan was completed on May 5, 1998. The Plan has been reviewed by staff and is presented to the City Council for comment and acceptance. At the meeting of May 5, 1998 the City Council requested a report regarding community impacts of incorporating "Coors" in the name of the Amphitheater and a description of the programs Coors/Universal planned to undertake in the City which would benefit the community. This report describes the type and status of programs currently under consideration. RECOMMENDATION: That the City Council provide their comments and concerns regarding the Events Management Plan and Coors programs. No specific actions are required or requested. BOARDSICOMMISSlONS RECOMMENDATION: Not applicable. DISCUSSION: Events Manaflement Plan The Monitoring Program under Conditional Use Permit PC0-95-47 requires that the Task Force be comprised of representatives from Universal Concerts, Inc., the City Manager's Office and the following City departments: Police, Fire, Planning, Public Works, Community Development, Building and Housing, and any other department or outside governmental agency deemed by the Task Force to be involved in the operational aspects of the Amphitheater. Page 2, Item__ Meeting Date 06-16-98 The objective of the Task Force is to insure that the Amphitheater concerts/events proceed in a manner as to mitigate any disturbance to the community and that the applicable conditions of the Conditional Use Permit, the mitigation measures of the Environmental Impact Report and any other applicable agreements are implemented. In order to accomplish this objective, Universal was required to develop an Events Management Plan (EMP) to be reviewed and approved by the Task Force and, if deemed necessary by the City Manager's Office, submitted to and approved by the City Council. The EMP is to address such issues as traffic control, security, emergency response, on and off-site cleanup, special effects, curfew, facility maintenance and any other aspects determined to fall under the purview of events planning and coordination. The Task Force was formed in January 1998 and included representatives from Universal Concerts, Inc., City departments cited above, Caltrans, CHP, and outside consultants hired by Universal for traffic planning and control, security, valet parking and emergency medical services. The Task Force first met on January 27, 1998. At that meeting two sub-committees were formed to address specific issues: one for traffic control, safety and security, and a second for events management (to include such issues as signage, promotion, public information, cleanup and City usage of the facility). The sub-committees met in February, March and April followed by full Task Force meetings (February 24, March 24, and May 5). The issues and topics discussed at these meetings led directly to the drafting and review of the Events Management Plan. The EMP, submitted with this report, addresses ail of the required issues. The final draft was presented to the Task Force on May 5, 1998 for final review and comment. The Task Force accepted the report as submitted. City Planning and Community Development staff have reviewed this document and find it to be in compliance with the requirements of the Monitoring Program. The EMP is divided into sections dealing with specific issues as described below: · Traffic Circulation Plans - Includes signing on 1-805, traffic signal control, coning and rostriping to get traffic efficiently in and out of the Amphitheater while preventing intrusion into residential neighborhoods. · Security - This section deals primarily with occupational injuries and illnesses. For a discussion of on-site crowd control, eviction procedures and related items, see Pre-opening training. · Facility Maintenance/Solid Waste/Recyclinfl - The City's Conservation Coordinator participated in the development of a plan for solid waste management and recycling that will be required of Universal and their concession vendor, Ogden Entertainment. Page 3, Item __ Meeting Date 06-16-98 · Neiqhborhood Outreach Plan - Proposed public information and outreach program including media, traffic alerts and event schedules and letters which will be sent out with tickets, requests patrons not to drive through residential neiohborhoods. · Pre-Opening Training - Covers such items as staff policies and procedures, security check and search, crowd control, alcohol control, evictions, etc. · Medical Assistance Plan - Covers emergency medical procedures (private contractor). · Additional Facilities Use - This section refers to use of the facility under the auspices of the City. The City's Cultural Arts Coordinator will coordinate such usage. City staff are in the process of developing a policy for usage at this time. · Noise Monitoring and Curfew Plan - Provides guidelines for noise monitoring and sets curfews (11:00 p.m. for concerts held Sunday through Thursday and 11:30 p.m. for concerts held on Friday or Saturday). · Emergency Response and Evacuation Plan - Due to catastrophic events such as a bomb threat, fire or inclement weather. · Special Events Policy - This section provides for notification of the Fire Department in advance of the use of pyrotechnics/special effects. At this time, no events planned at the Amphitheater have indicated that they will use pyrotechnics or extraordinary special effects. · Parking Plan - Coordination of on site parking as guests arrive for concerts. In preparing the Plan, it became apparent that some items will have to be addressed or revised as more information becomes available. For example, the Monitoring Program calls for the Plan to identify the type and frequency of special effects such as fireworks and laser displays. At this time there are no events scheduled which include special effects. In addition, management of aspects of the events such as traffic control, security and cleanup will have to be "fine tuned" once City and Universal staff have operational experience. The Task Force will meet to discuss operational details on an as needed basis during the remainder of the concert season. The Monitoring Program requires that the actual operations be reviewed at least annually by the Task Force to insure conformity to the EMP, provide any necessary revisions and prepare an annual report to the City Zoning Administrator on the effectiveness of the EMP. The coordination of City use of the facility (up to 18 days per year) will be through Rick Todd, the City's Cultural Arts Coordinator. City staff have met to establish criteria for applicants who wish to use the facility. However, due to a number of questions concerning land use and the need to confer with Universal staff, further work on this item has been deferred until after the Amphitheater opens. Page 4, Item __ Meeting Date 06-16-98 The EMP is presented to the Council for review and comment. It should be emphasized that the EMP is not a static document and will be revised as circumstances require. Impact of the name "Coors" Amphitheater and Planned Community Programs Establishing partnerships with sponsors are generally critical for concert venues such as the amphitheater, major sporting events and even community events and festivals. Agreements with sponsors provide developers added credibility in financing development and operations of major facilities. Major sponsors provide guaranteed revenue streams to secure talent and assist in marketing activities. They also, in many cases, support community programs and activities. It is in the best interests of sponsors to insure the highest quality in the development and operations of major facilities and to be good corporate citizens since their name and reputation will be closely associated with all events. Agreements with sponsors typically include naming rights to facilities and/or concert series. Because of the nature of the events, their broad market appeal, and because most of these events serve alcoholic beverages, beer, soft drinks and fast food, the most willing "partners" for large venues are often national food, beverage and consumer goods companies. Larger local companies, banks and auto dealerships are also attracted because of the public exposure they can receive. Nationally, some of the better known partnerships include Wrigley Field in Chicago, Busch Stadium in St. Louis, Busch Gardens in Tampa, Universal/Coca Cola Amphitheater in Atlanta, Coors Field in Denver, 3Corn Park in San Francisco and the United ("Airlines") Center in Chicago. In the San Diego area, event and venue sponsors include: · Qualcomm - San Diego Stadium · ARCO - Olypic Training Center · Wells Fargo and SDG&E - Old Globe Theatre · Buick - Torrey Pines Golf Tournament · Sycuan Casino - Humphries Outdoor Concerts · Virginia Slims, Lipton and Toshiba - Professional Tennis Tour events · Miller Light and Jose Cuervo - Beach Volleyball Tournaments · Anheuser Busch - Seaworld · ~lissan Pavilion at Stone Ridge in Virginia · Blockbuster-Sony Music Entertainment Centre in San Bernardino Large companies selling beer and other alcoholic beverages such as Coors are conscious of their corporate image and often aggressively pursue promotional programs stressing responsible behavior and support community groups associated with similar programs. Coors is, in fact, a nationally recognized leader in the creation and support of educational programs that communicate the importance of responsible behavior, healthy lifestyles and avoidance of alcohol abuse. These themes appear in all of their advertisements and Page 5, Item__ Meeting Date 06-16-98 promotions including those featuring their CEO, Pete Coors, and the current "21 means 21" campaign featuring Magic Johnson. Coors has indicated to City staff that they will undertake a number of programs in connection with operations of the amphitheater to insure safe and legal consumption of alcoholic beverages, and responsible behavior. These include: · "BARS" - this is an incentive based "secret shopper" prooram that helps retailers of alcohol beverages manage underage drinking by providing surveillance of seller's/server's attention towards checking identification of customers who appear to be under the legal purchase age. · "TIPS" training - this is a responsible alcohol serving training program that is widely used across the country and includes training in the checking of IDs, recognizing when a patron is intoxicated, etc. · "21 Means 21" - this logo will appear on buttons, badges, on the backs of event tickets, and will be spotlighted in a national ad campaign featuring Magic Johnson. The slogan signifies Coors' commitment against underage drinking. · "TEAM" training -is Techniques for Effective Alcohol Management - a training program implemented in stadiums and arenas to help employees manage intoxicated guests and guard against underage purchases. · "ADDY" - is a youth program of the National Commission Against Drunk Driving designed to reduce alcohol and drug related auto accidents among teenage drivers. In addition, the food and beverage vendor at the Amphitheater, Ogden Entertainment, and the Security Consultant, Staff Pro, will provide training to their staff in the prevention of over consumption and the handling and eviction (if necessary) of intoxicated and disruptive patrons. Coors has also volunteered to provide materials and organizational assistance to a consortium of public agencies including the Chula Vista Parks and Recreation Department and Sweetwater Union High School District who are implementing a program known as ATOD (Alcohol, Tobacco and Other Drugs) which helps parents and school officials deal with and educate students about substance abuse. In their search for a suitable sponsor, Universal approached several major corporations including Ford, Nevus/Discover Cards, Coca Cola, Pepsi Cola and Tropicana. The final choice of Coors was based upon their interest in sponsoring the Chula Vista amphitheatre and Universal's positive experience in working with Coors in the past. According to Universal, Coors' proactive approach and intensity of commitment far exceeds the Page 6, Item __ Meeting Date 06-16-98 efforts and level of commitment of the other companies considered, some of which are much larger in size and exposure. It should be noted that facilities such as the Coors Amphitheater generally serve a variety of food, beer and other alcoholic beverages, regardless of sponsorship. Use of the Coors or any other name will not impact the policy to sell alcoholic beverages or preclude the sale of other brands or products. Concert goers will attend events at the Amphitheater to see a particular act. It is not anticipated that the association with one particular sponsor, whether that sponsor is a beer or soft drink producer, cigarette company, gambling casino or credit card company, will have any significant impact on a decision to attend a concert. Specific examples of Coors marketing and promotional programs as described above are included as attachments to this report. FISCAL IMPACT: Under the CUP PCC-95-47, all City costs up to $10,000 associated with the formation and functioning of the Task Force and the preparation, processing, review, implementation and/or modification of the EMP are to be paid by Universal Concerts, Inc. To date, other than staff participation, the City has not incurred any costs associated with the Task Force and EMP. All costs associated with the preparation, printing and binding of documents for staff review have been paid by Universal. In addition, Universal has paid all consultant costs associated with the preparation of the traffic management plan, and City staff costs associated with the training of police officers in events management. Although Coors and Universal, along with their vendors, will incur expenses in the training and observation of personnel, and promotion and advertising campaigns extolling responsible behavior, it is not possible to attach a dollar amount to these activities at this time. {FK) H:IHOMEICOMMDEVISTAFF.REPI06-18-981EMPPLAN [June 11, 1998 [9:33am)] ~- NOTSC.ANNiTn RECORDING REQUEST BY: City Clerk WHEN RECORDED MAIL TO: CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA 91910 NO transfer tax is due as this is a conveyance to a public agency of less than a fee interest for which no cash consideration has been paid or received. Developer Above Space for Recorder's Use VILLAGE 1 OF THE OTAY P~ANCH PROJECT SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT (Conditions 1, 3, 4, 5, 22, 28, 82(c) and 91, 64, 75, 76, 77, 78, 79, 82, 83, 90, 100, 109, 110, 111, 112, 113, 119, 127, 128, 129, 130, 131) This Supplemental Subdivision Improvement Agreement ("Agreement") is made this __ day of June, 1998, by and between THE CITY OF CHULA VISTA, California ("City" or "Grantee" for recording purposes only) and OTAY PROJECT, LLC, a Delaware limited liability company, SOUTH BAY PROJECT, LLC, a Delaware limited liability company, CENTEX HOMES, a Nevada general partnership, UDC HOMES, INCORPORATED, a Delaware corporation, STANDARD PACIFIC CORPORATION, a Delaware corporation, ("Developer" or "Grantor"), with reference to the facts set forth below, which recitals constitute a part of this Agreement: RECITALS A. This Agreement concerns and affects certain real property located in Chula Vista, California, more particularly described on Exhibit "A" attached hereto and incorporated herein ("Property"). The Property is part of a project commonly known as Village 1 of the Otay Ranch Project. For purposes of this Agreement the term "Project" shall also mean "Property". B. Developer means any and all Owners of any property within the boundaries of the "A" Map. C. Otay Ranch L.P. conveyed title of the Project area to South Bay Project, LLC, a Delaware limited liability company on August 26, 1997, which in turn conveyed the Property, except for SPA One Planning Area R-620, to Otay Project LLC, ("Otay Project"), a venture jointly owned by South Bay Project, LLC, a Delaware limited liability company and Otay Ranch Development, LLC, a Delaware limited liability company; and Otay Project sold SPA One Planning Area R-1 to UDC Homes, DMB/AEW Land Holdings Two LLC, an Arizona limited liability company, (UDC Homes); and Otay Project sold SPA One Planning Area R-2 to Standard Pacific Corporation, a Delaware corporation on January 2, 1998; and Otay Project sold SPA One Planning Area R-3 to Centex Homes, a Nevada general partnership on January 2, 1998, and Otay Project sold SPA One Planning Area R-4 to DMB/AEW Land Holdings Two LLC, an Arizona limited liability company (UDC Homes) on January 2, 1998; and Otay Project sold SPA One Planning Area R-5 to Standard Pacific Corporation, a Delaware corporation on January 2, 1998; and Otay Project sold SPA One Planning Area R-8 to Centex Homes, a Nevada general partnership April 7, 1998; and D. Developer and/or Developer's predecessor in interest has applied for and the City has approved a Tentative Subdivision Map commonly referred to as Chula Vista Tract 96-04 ("Tentative Subdivision Map") for the subdivision of the Property. E. The City has adopted Resolution No. 18398 ("Resolution") pursuant to which it has approved the Tentative Subdivision Map subject to certain conditions as more particularly described in the Resolution. The conditions are attached hereto as Schedule "1." F. City is willing, on the premises, security, terms and conditions herein contained to approve the final map for which Developer has applied as being in substantial conformance with the Tentative Subdivision Map described in this Agreement. G. The following defined terms shall have the meaning set forth herein, unless otherwise specifically indicated: a. For purposes of this Agreement, "B" Map means any final map subsequent to the "A" Map and within the "A" Map boundaries. H: \Home\At torney~Otay 2 b. "commencing construction" means when a construction permit or other such approval has been obtained from the City or a construction contract has been awarded for the improvement, whichever occurs first. c. "complete construction" means when construction on said improvement has been completed and the City accepts the improvement. d. "guest builder" means those entities obtaining any interest in the Property or a portion of the Property, after the "A" Map has been recorded. e. "PFFP" means the SPA I Public Facilities Financing Plan adopted by Resolution No. 18286 as may be amended from time to time. NOW, THEREFORE, in exchange for the mutual covenants, terms and conditions herein contained, the parties agree as set forth below. 1. Performance Obligation. Otay Project, LLC, signator to this Agreement, represents to the City that it is actinq as the Master Developer for this Project and expressly assumes performance of the obligations set forth in paragraphs 7a, 8a, 8b, 10, 11, 12, 14, 15b, ~, ~, 17, 18, 19a-b, and 20-22 of this Agreement. Notwithstanding the foregoing, all parties to this Agreement acknowledge and agree that all such obligations remain a covenant running with the land as set forth more particularly in paragraph 2 below. 2. Agreement Applicable to Subsequent Owners. a. Agreement Binding Upon Successors. This Agreement shall be binding upon and inure to the benefit of the successors, assigns and interests of the parties as to any or all of the Property until released by the mutual consent of the parties. b. Agreement Runs with the Land. The burden of the covenants contained in this Agreement ("Burden") is for the benefit of the Property and the City, its successors and assigns and any successor in interest thereto. City is deemed the beneficiary of such covenants for and in its own right and for the purposes of protecting the interest of the community and other parties public or private, in whose favor and for whose benefit of such covenants running with the land have been provided without regard to whether City has been, remained or are owners of any particular land or interest therein. If such covenants are breached, the City shall have the right to exercise all rights and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach to which it or any H: \Home\At t orney~Otay 3 other beneficiaries of this agreement and the covenants may be entitled. c. Developer Release on Guest Builder Assignments. If Developer assigns any portion of the Project to a guest builder, Developer may request to be released from Developer's obligations under this Agreement, that are expressly assumed by the guest builder, provided Developer obtains the prior written consent of the City to such release. Such assignment to the guest builder shall, however, be subject to this Agreement and the Burden of this Agreement shall remain a covenant running with the land. The City shall not withhold its consent to any such request for a release so long as the assignee acknowledges that the Burden of the Agreement runs with the land, assumes the obligations of the Developer under this Agreement, and demonstrates, to the satisfaction of the City, its ability to perform its obligations under this Agreement as it relates to the portion of the Project which is being acquired by the Assignee. d. Partial Release of Developer's Assignees. If Developer assigns any portion of the Project subject to the Burden of this Agreement, upon request by the Developer or its assignee, the City shall release the assignee of the Burden of this Agreement as to such assigned portion if such portion has complied with the requirements of this Agreement to the satisfaction of the City and such partial release will not, in the opinion of the City, jeopardize the likelihood that the remainder of the Burden will not be completed. e. Release of Individual Lots. Upon the occurrence of any of the following events, Developer shall, upon receipt of the prior written consent of the City Manager (or Manager's designee), have the right to release any lot(s) from Developer's obligation under this Agreement: i. The execution of a purchase agreement for the sale of a residential lot to a buyer of an individual housing unit; ii. The conveyance of a lot to a Homeowner's Association; iii. The conveyance of a school site as identified in the SPA One Plan to a school district; iv. The execution of a purchase agreement for the sale of a Commercial or Community Purpose Facility lot as identified in SPA One Plan; or v. The issuance of a permit for the development of a multifamily lot as identified in the SPA One Plan. H: \Home\Attorney\Otay 4 The City shall not withhold its consent to such release so long as the City finds in good faith that such release will not jeopardize the City's assurance that the obligations set forth in this Agreement will be performed. At the request of the Developer, the City Manager (or Manager's designee) shall execute an instrument drafted by Developer in a recordable form acceptable to the City Manager (or Manager's designee) which confirms the release of such lot or parcel from the encumbrance of this Agreement. Notwithstanding the foregoing, at the close of an individual homeowner's escrow on any lot or parcel encumbered by this Agreement, such lot or parcel shall be automatically released from the encumbrance hereof. 3. Condition No. 1 - (General Preliminary). In satisfaction of Condition 1 of the Resolution, Developer hereby agrees, to comply with the requirements and guidelines of the Parks, Recreation, Open Space and Trails Plan, Public Facilities Financing Plan ("PFFP"), Ranch Wide Affordable Housing Plan, SPA One Affordable Housing Plan, and the Non-Renewable Energy Conservation Plan, as may be amended from time to time, and shall remain in compliance with and implement the terms, conditions and provisions of said documents. 4. Condition No. 3 - (General Preliminary). In satisfaction of Condition No. 3 of the Resolution, Developer agrees that if any of the terms, covenants or conditions contained within the Resolution shall fail to occur or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to deny the issuance of building permits for the Project, deny, or further condition the subsequent approvals that are derived from the approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The applicant shall be notified 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 period of time. 5. Condition No. 4 - (General Preliminary). In satisfaction of Condition No. 4 of the Resolution, Developer 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 the Environmental Impact Report for the Project and/or any or all entitlements and approvals issued by the City in connection with the Project. 6. Condition No. 5 - (General Preliminary). In satisfaction of Condition 5 of the Resolution, Developer hereby agrees, that Developer shall comply with the all applicable SPA conditions of approval. ? · 7. Condition No. 22- (streets, right-of-way and public improvements). In satisfaction of Condition No. 22 of the Resolution, Developer hereby aqrees as follows: (a) Improvement Phasinq Schedule. Developer agrees to submit for City approval, an Improvement Phasing Schedule, which shall include but not be limited to the Monarche Street Improvements, prior to the first Final "B" Map for the Project. Developer agrees to commence construction of the public street improvements including Monarche Street, in accordance with the time frames set forth in said Improvement Phasing Schedule, as may be amended by the City from time to time. Developer shall provide the City with improvement securities approved by the City Attorney to guarantee the construction of the public street improvements dcucribcd i__n accordance with Condition 109, including Monarche Street Improvements, prior to the first final "B" Map for the Project. (b) Public Improvements. In addition, Developer shall be required to guarantee, prior to each "B" Map, all public improvements on site and off site, related to each that particular "B" Map. The parties to this Agreement agree to negotiate in good faith any subsequent agreements needed to fulfill Condition No. 22 of the Resolution, as may be needed, pertaining to the construction of the streets, rights-of-way and public improvements for the Project. 8. Condition No. 28-(Transit Stop Facilities). In satisfaction of Condition No. 28 of the Resolution, Developer agrees to the following: a. Main Transit Stop Facilities. Developer agrees to construct, at its sole expense, the main transit stop facilities for buses and related improvements (referred to herein collectively as "bus turn-outs") described in the PFFP at the sites along East Palomar Street near Park P-1 designated by the City Engineer. The bus turn-outs shall be constructed in accordance with Improvement Plans No. 98-277 through 98-289. Developer shall commence construction of the bus turn-outs concurrent with the commencement of construction of the East Palomar Street Improvements and shall complete construction of said turn-outs within two years after commencing construction of the Improvements. i. Improvement Securities. Developer shall provide the City with a cash deposit or improvement securities in a form approved by the City Attorney, in the amount of $28,000, to guarantee the construction of the bus turn-outs. Such security shall be provided to the City prior to commencing construction of such facilities. The improvement securities shall be released upon completion of the East Palomar Street Improvements as approved by the City Engineer. H: ~Home \At t orney\Otay 6 b. Secondary Transit Stop Facilities. Developer agrees to construct, at its sole expense, two "secondary transit stop facilities" consisting of all of the following: bus turn-out improvements near the Park P-2 site, four bus shelters between Paseo Ranchero and the easterly subdivision boundary, and other related improvements, as approved by the City Engineer, at locations along East Palomar Street to be determined by the Director of Public Works. Developer shall construct the secondary transit stop facilities in two phases; the first phase shall consist of the turn-out facilities, the second phase shall consist of the bus shelters and related improvements. Developer shall commence construction of the first phase improvements concurrent with the commencement of construction of the street improvements for that portion of East Palomar Street from Monarche Drive (Easterly intersection) to the Easterly boundary of the Project. Developer agrees to commence construction of the second phase improvements within 90 days after receiving written notice from the Director of Public Works. Developer agrees to complete construction of said facilities within two years after commencing construction of such improvements. i. Improvement Securities. Developer shall provide the City with improvement security in the amount of $20,000 in a form approved by the City Attorney for the first phase of improvements. The improvement security shall be provided to the City prior to commencing construction of such improvements. The improvement security shall be released upon completion of the improvements as approved by the City Engineer. ii. Cash Deposit. Developer shall provide the City with a cash deposit in the amount of $60,000 for the second phase of improvements. The cash deposit shall be provided to the City when requested by the City Engineer. The City Engineer shall request such security upon the commencement of construction of East Palomar between Paseo Ranchero and the Easterly subdivision boundary. The cash deposit shall be released upon completion of the improvements as approved by the City Engineer. Upon request by the Developer, the amount of the cash deposit may be reduced at the City Enqineer's sole discretion. c. Agreement Not to Protest. Developer agrees not to protest the formation of any future regional benefit assessment district to finance the Light Rail Transit. This agreement to not protest the inclusion of the public improvements 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 improvements and shall not interfere with the right of any person to vote in a secret ballot election. d. Pedestrian Bridges. Prior to the first final "B" Map, the Developer shall provide cash or security to guarantee its fair share of the pedestrian bridges connecting Villages One to Two, H:~Home\Attorney\Otay 7 Villages One to Five, and Villages Five to Six, if no Development Impact Fee ("DIF") mechanism has been established. The security shall be released once a DIF is formed and the statutory period for challenging the DIF has expired. 9. Condition No. 82(c) and 91 (IODs). In satisfaction of Condition No. 82 (c) and 91 of the Resolution, Developer agrees to provide the City, prior to execution of this Agreement, with irrevocable offer(s) of dedication (IODs), in accordance with Government Code Section 7050, a fee interest, free and clear of all encumbrances, in the real properties shown on the "A" Map as park lots and open space lots and offered to the City for acceptance on such map. 10. Condition No. 64. (Fence). In satisfaction of Condition No. 64 of the Resolution, Developer agrees to install a fence along those portions of (1) the existing maintenance access roads along the Telegraph Canyon Channel, and (2) the proposed maintenance access roads of the Poggi Canyon Channel, concurrent with the installation of the construction of the regional trail. The fence installed pursuant to this Agreement is proposed to be incorporated into the Regional Trail System. The fence shall be erected only at those locations where its installation will not interfere with the normal channel maintenance. The specific locations where the fence will be allowed and the fence details shall be as determined by the City Engineer and Director of Planning. 11. Condition No. 75 and 76. (Neighborhood Parks). In partial satisfaction of Condition No. 75 and 76 of the Resolution, Developer agrees to install all local (neighborhood) parks consistent with the PFFP and agrees to install said parks, in accordance with a phasing schedule approved by the Director of Planning. Developer shall submit the schedule describing the time frames for installation of each park to the Director of Planning for the Director's review and approval prior to approval of the first "B" Map. Developer further agrees that all such parks shall be designed and constructed consistent with the provisions of the Chula Vista Landscape Manual and related City Planning, Park and Recreation specifications and policies. 12. Condition No. 77. (Design Consultant). In partial satisfaction of Condition No. 77 of the Resolution, Developer has entered into an agreement with the design consultant(s), for the design of all aspects of neighborhood park P-1 in accordance with the Master Plan; the Parks and Recreation Director assisted in selecting the design consultant(s). Developer has agreed to fund all the cost associated with the design of the parks associated with such agreements. Developer represents that said agreement includes, but not be limited to, master planning, design development phase, construction document phase and construction supervision phase for the park sites. Developer agrees that the H: \Home\At torney\Otay 8 construction documents shall reflect the then current requirements of the City's Code/Landscape Manual requirements. 13. Condition No. 78. (Park Credit). In accordance with Condition No. 78 of the Resolution, the parties to this Agreement acknowledge that the Developer shall receive surplus park credits for any combined park credit received for neighborhood parks, pedestrian parks, and the community park which exceed the 3 acres per 1,000 residents standard. Any such surplus park credit may be utilized by the Developer to satisfy local park requirements in future SPAs. 14. Condition No. 79 (PAD Fee Reimbursement). In accordance with Condition No. 79 of the Resolution, the parties to this Agreement agree to negotiate in good faith a PAD fee reimbursement schedule in coordination with each construction schedule approved by the City. Milestones will be established for partial reimbursement during the construction process. Developer agrees that the City may withhold up to 20% of the park construction funds until the park has been completed and accepted. Reimbursement of PAD fees shall include the interest accrued by the City on said PAD fees minus the City's cost of processing and administering this reimbursement program. 15. Condition No. 82. (Park Phasing). In accordance with Condition No. 82 of the Resolution, Developer agrees to the following: a. Developer or guc0t buil~cro agree to pay, in addition to those PAD fees required for community parks, PAD fees based on a formula of 2 acres per 1,000 residents for the first 500 dwelling units. In the City's sole discretion, PAD fees may be required for units in excess of the first 500 dwelling units. b. Developer shall complete construction of the first phase of the first neighborhood park in SPA One, identified as Park P- 1, at the location set forth in SPA One Plan and as shown on the "A" Map, no later than issuance of the building permit for the 500th dwelling unit for the Project. The level of amenities required in said first phase of construction of the first neighborhood park shall be determined by the Director of Planning in conjunction with the park master planning effort required by the City of Chula Vista Landscape Manual; provided however, that said level of amenities shall be equivalent to five acres of neighborhood park improvements as described in the PLDO ordinance and the Park Master Plan as approved by the Director of Planning. Notwithstanding anything herein to the contrary, the developer shall complete construction of the first phase of the first neighborhood park within eight (8) months after commencing construction of said park. For purposes of this paraqraph, "complete construction" shall mean that the construction of the park has been completed and accepted by the City as beinq in H:\Home\Attorney\Otay 9 compliance with the Park Master Plan, but prior to the City's required mandatory maintenance period. c. Developer further agrees that at no time following completion of construction of the first phase of the first neighborhood park shall there be a deficit in ~constructed neighborhood park" based upon 2 acres/I,000 residents. Developer further agrees that the City may withhold the issuance of building permits for the Project should said deficit occur. For purposes of this paragraph, the term "constructed neighborhood park" shall mean that construction of the park has been completed and accepted by the City as being in compliance with the Park Master Plan, but prior to the City's required mandatory maintenance period. This is not intended to supersede any of the City's maintenance guarantee requirements. d. The parties to this Agreement agree to negotiate in good faith any subsequent agreements or amendments to this Agreement, prior to the first final "B" Map that may be needed to fulfill Condition No. 82 of this Resolution, pertaining to the installation of said park improvements. e. The City agrees that the Developer shall receive a reimbursement of PAD fees, in accordance with the Reimbursement Schedule agreed to by the parties, pursuant to Condition No. 79 and proportionate to what has been constructed at the City's discretion, should the Developer deliver a turn-key park which has been constructed in accordance with the Parks Master Plan. f. No later than issuance of the building permit for the ll50th dwelling unit for the Project, upon the direction of the Director of Planning, Developer shall commence construction of the second phase of the first neighborhood park in SPA One, identified as Park P-l, or in lieu of the second phase, commence construction of another neighborhood park at a different location that has been desiqnated as a park site in the Project's SPA One Plan to be determined by the Director of Planning. The level of amenities required in said second phase of construction of the first neighborhood park shall be determined by the Director of Planning; provided however, that said level of amenities shall be considered with the PLDO ordinance and the Park Master Plan. The developer agrees to complete construction of said park facilities within eight (8) months after commencing construction of said park. g. Developer shall provide the City with improvement securities approved by the Director of Planning to guarantee the construction of all said park facilities as a condition precedent to commencing construction of such facilities. The amounts of said improvement securities shall be determined by the Director of Planning in accordance with standard City requirements and standards. H:\Home\Attorney\Otay i 0 16. Condition No. 83 (Co~L~LL~nit¥ Parks). In satisfaction of Condition No. 83 of the Resolution, Developer aqrees as follows: a. Prior to the approval of each final "B" Map, the Developer shall pay PAD fees for the Community Park based upon a formula of 1 acre per 1,000 residents, until such time as a turn- key facility has been accepted by the Director of Planninq or Parks and Recreation. Said turn-key facility is subject to a reimbursement mechanism to be aqreed upon by the parties. b. The parties to this Aqreement aqree to neqotiate in qood faith any subsequent aqreements or amendments to this Aqreement, prior to the first final "B" Map that may be needed to fulfill Condition No. 83 of this Resolution, pertaininq to the installation of said park improvements. 16. Condition No. 90 (No Protest of Maintenance District or Assessment District). In satisfaction of Condition No. 90 of the Resolution, Developer hereby agrees not to protest the formation of or the inclusion in, a maintenance district, including a community facility district or a benefit zone, for the maintenance of landscaped medians and scenic corridors along streets within and adjacent to the subject subdivision. 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 assessment which may be imposed due to the addition of these new improvements and shall not interfere with the right of any person to vote in a secret ballot election. 17. Condition No. 100 (Off-Sites). In satisfaction of Condition No. 100 of the Resolution, Developer hereby agrees to the following: a. Pay the full cost of acquiring off-site right-of-way or easements required for those portions of Paseo Ranchero and Olympic Parkway which cross the City of san Diego Pipeline property, owned in fee by the City of San Diego per deed recorded June 24, 1912 in Book 570, Page 113 of Deeds and as depicted on Sheet 17 of the Otay Ranch Village 1 "A" Map No. 1. b. Developer has deposited cash in the amount of $60,000.00 with the City for the estimated cost of acquiring said right-of- way or easements, including but not limited to the cost of acquisition of said rights-of-way, attorney's fees, and City staff costs. The deposit shall be returned if the an irrevocable offer of dedication for the right of way has been~ city recorded by the Developer in a form acceptable to the City. c. Have all easements and/or right-of-way documents and plats prepared and appraisals complete which are necessary to commence condemnation proceedings as determined by the City Attorney. H:~Home\Attorney\Otay I I d. Request that the City use its powers of Eminent Domain to acquire right-of-way, easements or licenses needed for off- site improvements or work related to the final map. The developers shall pay all costs, both direct and indirect incurred in said acquisition. 18. Condition No. 109. (Backbone Facilities). In accordance with Condition No. 109 of the Resolution, and Section 7.1 of the Development Agreement, Developer agrees to construct the backbone facilities identified under Condition 109 in accordance with the time frames to be established pursuant to Condition 109. The parties to this Agreement agree to negotiate in good faith any subsequent agreements as may be needed to fulfill Condition No. 109 of this Resolution, pertaining to the installation of said backbone facilities. Developer further agrees to provide security for the said facilities in accordance with Condition 109. 19. Condition No. 110. (Schools). In partial satisfaction of Condition No. 110 of the Resolution, the Developer agrees to the following: a. Developer has prepared and submitted an application for an amendment to the Otay Ranch General Development Plan that shows the replacement of the Village Seven High School location with a site in either the area west of Paseo Ranchero in Village One or the northern portion of village Two. The Developer agrees that the City shall not issue building permits for more than 1,400 units within SPA One until the City has acted on said proposed plan amendment, unless the Sweetwater Union School District consents to the further issuance of such permits. b. The Developer agrees to deliver to the Sweetwater Union School District a graded high school site including utilities provided to the site and an all weather access road acceptable to said District prior to issuance of the 2,650th building permit for the Property or upon written request by the District not prior to 1,800th such permits. The all weather access road shall also be acceptable to the Fire Department. The Developer understands and agrees that this schedule is subject to modification by the Sweetwater Union High School District as based on District facility needs. 20. Condition No. 111. (Schools). In partial satisfaction of Condition No. 111 of the Resolution, the Developer hereby agrees to deliver to the Chula Vista Elementary School District, a graded elementary school site including utilities provided to the site and an all weather access road acceptable to the District, located within Village One, prior to issuance of the 500th residential building permit. The all weather access road shall also be acceptable to the Fire Department. The Developer understands and agrees that this schedule is subject to H:\Home~Attorney\Otay 12 modification by the Chula Vista Elementary School District as based on said District's facility needs. 21. Condition No. 112. (Schools). In partial satisfaction of Condition No. 112 of the Resolution, the Developer agrees to deliver to the Chula Vista Elementary School District, a graded elementary school site including utilities provided to the site and an all weather access road acceptable to the District, located within Village Five, prior to issuance of the 2,500th residential building permit. The all weather access road shall also be acceptable to the Fire Department. The Developer understands and agrees that this schedule is subject to modification by the Chula Vista Elementary School District as based on said District's facility needs. 22. Condition No. 113. (Schools). In partial satisfaction of Condition No. 113 of the Resolution, the Developer agrees to deliver to the Chula Vista Elementary School District, a graded elementary school site including utilities provided to the site and an all weather access road acceptable to the District, located west of Paseo Ranchero, prior to issuance of the 4,500th residential building permit. The all weather access road shall also be acceptable to the Fire Department. The Developer understands and agrees that this schedule is subject to modification by the School District as based on said District's facility needs. 23. Condition No. 119. (Master Precise Plan). In partial satisfaction of Condition No. 119 of the Resolution, prior to submitting any development proposals for commercial, multi-family and Community Purpose Facility areas within the SPA One Village Core, excludinq R-20, R-21, the Developer agrees to secure approval of a Master Precise Plan from the City for the Village One Core Area ~ ~ ~ 24. Condition No. 127. (Development Phasing Plan). In satisfaction of Condition No. 127 of the Resolution, Developer agrees that if phasing is proposed within an individual map or through multiple final maps, the Developer shall submit and obtain approval for a development phasing plan by the City Engineer and Director of Planning prior to approval of any final map. Improvements, facilities and dedications to be provided with each phase or unit of development shall be as determined by the City Engineer and Director of Planning. The City reserves the right to require said improvements, facilities and/or dedications as necessary to provide adequate circulation and to meet the requirements of police and fire departments. The City Engineer and Planning Director may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such a revision. H: kHome\Attorney~Otay 1 3 25. Condition No. 128. (PFFP). In satisfaction of Condition No. 128 of the Resolution, Developer agrees to adhere to the PFFP and any amendments thereto, approved by the City Council, including but not limited to the, SPA and tentative map improvements installed in accordance with said Plan or as required to meet threshold standards adopted by the City. Developer and City acknowledge that the PFFP identifies a facility phasing plan based upon a set of assumptions concerning the location and rate of development within and outside of the project area. Throughout the build-out of SPA One, actual development may differ from the assumptions contained in the PFFP (i.e., the development of EastLake III). Developer understands that neither the PFFP nor any other SPA One document grant the Applicant an entitlement to develop as assumed in the PFFP, or limit the SPA One's facility improvement requirements to those identified in the PFFP. Developer acknowledges that compliance with the City's threshold standards, based on actual development patterns and updated forecasts in reliance on changing entitlements and market conditions, shall govern SPA One development patterns and the facility improvement requirements to serve said development. In addition, the sequence in which improvements are constructed shall correspond to any future Eastern Chula Vista Transportation Phasing Plan or amendment to the Growth Management Program and Ordinance adopted by the City. Developer understands and agrees that the City Engineer may modify the sequence of improvement construction should conditions change to warrant such a revision. Developer agrees that concurrent with the approval of the first final map approved after a Public Facility Financing Plan has been approved for the EastLake III GDP Area, the Developer shall update, at Developer's sole expense and subject to a Reimbursement Agreement, the SPA 1 PFFP and agrees that the City Engineer may change the timing of construction of the public facilities, including without limitation, the nature, sizing, extent and timing for the construction of public facilities caused by SPA One, shall become a condition for all subsequent SPA One entitlements, including tentative and final maps. 26. Condition No. 129. (Code Requirements). In satisfaction of Condition No. 129 of the Resolution, Developer agrees to comply with all applicable sections of the Chula Vista Municipal Code. Developer further agrees that any final map for the Project and all plans for said Project shall be prepared in accordance with the provisions of the Subdivision Map Act and the City of Chula Vista Subdivision Ordinance and Subdivision Manual. 27. Condition No. 130. (Code Requirements). In satisfaction of Condition No. 130 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 H: \Home\Attorney~Otay 1 4 documentation to demonstrate said compliance as required by the City Engineer. 28. Condition No. 131. (Code Requirements). In satisfaction of Condition No. 131 of the Resolution, Developer agrees to 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). Developer further acknowledges and agrees that the City is presently in the process of amending its Growth Management Ordinance to add a proposed Section 19.09.105, to establish provisions necessary to ensure compliance with adopted threshold standards (particularly traffic) prior to construction of State Route 125. Said provisions will require the demonstration, to the satisfaction of the City Engineer, of sufficient street system capacity to accommodate a proposed development as a prerequisite to final map approval for that development, and the applicant hereby agrees to comply with adopted amendments to the Growth Management Ordinance. 29. Open Space. Prior to approval of the first "B" map for the Project, Developer agrees to convey open space land or pay the required in-lieu fee in accordance with the Resource Management Plan Phase II approved by Resolution No. 18416, for all development areas, including applicable streets, open space lots, paseos, pedestrian parks and slope areas shown on the "A" Map. 30. Satisfaction of Conditions. City agrees that the execution of this Agreement constitutes satisfaction of Developer's obligation of Conditions 1, 3, 4, 5, 22, 28, 82(c) and 91, 64, 75, 76, 77, 78, 79, 82, 8--3, 90, 100, 109, 110, 111, 112, 113, 119, 127, 128, 129, 130, 131 of the Resolution. Developer further understands and agrees that the some of the provisions herein may be required to be performed or accomplished prior to the approval of other final maps for the Project, as may be appropriate. 31. Unfulfilled Conditions. Developer hereby agrees, unless otherwise conditioned, that Developer shall comply with all unfulfilled conditions of approval of the Tentative Map, established by Resolution No. 18398~.~ ~' ~ ~ ..... ~ ~^~ and shall remain in compliance with and implement the terms, conditions and provisions therein. 32. Recording. This Agreement, or an abstract hereof shall be recorded simultaneously with the recordation of the Final Map. 33. Building Permits. Developer and Guest Builders understand and agree that the City may withhold the issuance of H:\Home\Attorney\Otay 1 5 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. 34. 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. Facsimile transmission shall constitute personal delivery. CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA. 91910 Attn: Director of Public Works Developer: Otay Project, LLC 11975 E1 Camino Real, Suite 104 San Diego, CA 92130 Attn: Kim John Kilkenny Fax (619) 259-4364 South Bay Project, LLC 191 West Wilbur Road, Suite 102 Thousand Oaks, CA 91360 Attention: David Green Fax (805) 379-4472 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. Facsimile transmission shall constitute personal delivery. 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, H:~Home~Attorn~¥\Otay I 6 understandings, and/or statements shall be of no force and effect. This Agreement is not intended to supersede or amend any other agreement between the parties unless expressly noted. d. Preparation of Agreement. No inference, assumption or presumption shall be drawn from the fact that a party or his attorney prepared and/or drafted this Agreement. It shall be conclusively presumed that both parties participated equally in the preparation and/or drafting this Agreement. e. Recitals; Exhibits. Any recitals and exhibits set forth above are incorporated by reference into this Agreement. f. Attorneys' Fees. If either party commences litigation for the judicial interpretation, reformation, enforcement or rescission hereof, the prevailing party will be entitled to a judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. H:/Home\Attorney\Otay 1 7 CITY OF C~ VISTA DR~LOPER: : ~ OTAY PR0~C~ LLC, a Delaware Mayor By: otay Ra~h Developmnt, LLC, a Delaware li~ted liability ci=y Clerk ~: ~ SOUTH PAY PROJECT, LLC, a Approved as to Form: Delaware limited liability company By: Its: John M. Kaheny City Attorney CENTEX HOMES, a Nevada general partnership By: Its: UDC HOMES, INCORPORATED, a Delaware corporation By: Its: STANDARD PACIFIC CORPORATION, a Delaware corporation By: Its: (Attach Notary Acknowledgment) H: kHome \Attorney~Otay 1 9 JUH 10 '98 10:0BAM OTAY RANCH COMPANY LEGAL DESCRIPTION CHULA VISTA TRACT NO. 96-04 OTAY RANCH VILLAGE I "A" MAP NO. 1, BEING A PORTION OF PARCELS 1 THROUGH 12 INCLUSIVE OF PARCEL MAP NO. 17901 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON AUGUST 26, 1997, TOGETHER WITH PORTIONS OF FRACTIONAL QUARTER SECTIONS 14, 39 AND 40 OF RANCHO DE LA NACION, ACCORDING TO MAP THEREOF NO. 166, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON MAY 11, 1869, ALL IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. D$:DM$ M;~Legal$\0025~236~236A13.doc WO 00~'5-235 6/§/98 Unless otherwise specified or required by law: (a). the conditions and Code requirements set forth below shall be completed prior to the related final map as determined by the Director of Planning, Parks and Recreation, and the City Engineer (b). unless otherwise specified, ~dedicate~ means grant the appropriate easement, rather than fee title. Where an easement is required the applicant shall be required to provide subordination of any prior lien 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. Should conflicting wording or standards occur between these conditions of approval, any conflict shall be resolved by the City Manager or designee. GENERAL/PRELIMINARY 1. Comply with all requirements and guidelines of the Parks, Recreation Open Space and Trails Plan, Public Facilities Financing Plan, Ranch Wide Affordable Housing Plan, Spa One Affordable Housing Plan, and the Non-Renewable Energy Conservation Plan, unless specifically modified by the appropriate department head, with the approval of the City Manager. These plans may be subject to minor modifications by the appropriate department head, with the approval of the City Manager, however, any material modifications shall be subject to approval by the City Council. 2. Ail of the terms, covenants and conditions contained herein shall be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Developer as to any or all of the Property. For purposes of this document the term ~Developer" shall also mean ~Applicant". 3. If any of the terms, covenants or conditions contained herein shall fail to occur or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted including issuance of building permits, deny, or further condition the subsequent approvals that are derived from the approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The applicant shall be notified 10 days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City. 4. Applicant shall indemnify, protect, defend and hold the City harmless from and against any and all claims, liabilities and costs, including attorney's fees, arising from challenges to the Environmental Impact Report for the Project and/or any or all entitlements and approvals issued by the City in connection with the Project. SCHEDULE "1" 5. The applicant shall comply with all applicable SPA conditions of approval. 6. Any and all agreements that the applicant is required to enter in hereunder, shall be in a form approved by the City Attorney. 7. The terms, conditions and time limits associated with this tentative map shall be consistent with the Development Agreement approved by Ordinance No. 2679 by the City Council on July 16, 1996 (~Development Agreement~) and as amended on October 22, 1996. 8. The applicant shall comply with the terms of the Conveyance Agreement, adopted by Resolution No. 18416 by the City Council on October 22, 1996 (~Conveyance Agreement~). ENVIRONMENTAL 9. Prior to approval of each final "B" Map, the applicant shall implement all applicable mitigation measures identified in EIR 95- 01, the CEQA Findings of Fact for this Project (on file in the City Clerk's Office as Document No. C096-056) and the Mitigation Monitoring and Reporting Program (on file in the City Clerk's Office as Document No. C096-057). 10. Prior to the approval of each final "B~ Map, the applicant shall comply with all applicable requirements of the Phase 2 Resource Management Plan (RMP) as approved by the City Council on June 4, 1996 and as may be amended from time to time by the City. 11. Prior to the approval of each final "B" Map, the applicant shall comply with the Otay Ranch Resource Preserve in lieu fee program to be adopted by the City Council. 12. The Applicant shall comply with any applicable requirements of the California Department of Fish and Game, the U.S. Department of Fish and Wildlife and the U.S. Army Corps of Engineers. DESIGN 13. The secondary access in the southern portion of Neighborhood R-30 shall be surfaced with "grass-crete", "turf-block" or some other comparable material unless otherwise approved by the Planning Director and Fire Chief. Bollards shall be provided instead of the locking gate noted on the map. The bollards shall be located closer to the terminus of the cul-de-sac (Parker Mountain Road), rather than adjacent to Santa Rosa Drive. 14. Any proposed monumentation/signage shall be consistent with the Village Design Plan and shall be reviewed and approved by the Planning Director prior to approval of the appropriate final map. 15. 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 SCHEDULE "1" 150 square feet of slope area, one 1-gallon or larger size shrub per each 100 square feet of slope area, and appropriate groundcover. Trees and shrubs shall be planted in staggered clusters to soften and vary the slope plane. Landscape and irrigation plans for private slopes shall be reviewed and approved by the Planning Director prior to approval of the appropriate final map. 16. A comprehensive wall plan indicating color, materials, height and location shall be reviewed and approved by the Planning Director prior to approval of any final ~B~ Map. Materials and color used shall be compatible and all walls located in corner side-yards or rear yards facing public or private streets or pedestrian connections shall be constructed of a decorative masonry and/or wrought iron material. A revised acoustical analysis indicating if view fencing, such as a combination of masonry and wrought iron, is allowable at the ends of cul-de-sacs backing up to Telegraph Canyon Road, East Orange Avenue and Paseo Ranchero, shall be prepared prior to submittal of the wall plan indicated above. If such fencing is allowable per the final acoustical analysis it shall be provided at the ends of the following streets: Parker Mountain Road, Geyserville Street, Jamestown Drive, Moss Landing Avenue, Porterville Court, Firebaugh Court, Street C4, San Dimas Court, Hanford Court, Rocklin Court, Colton Court, Rincon Point, Santa Inez Avenue, Traver Court, Vernon Court, Lindsay Street, Applegate Street, and Dunsmuir Court. View fencing shall be provided at the ends of all other open cul-de-sacs where a sound wall is not required. Any combination free standing/retaining walls shall not exceed 8.5 feet in height. The applicant shall submit a detail and/or cross section of the maximum/minimum conditions for all ~combination walls" which include retaining and free standing walls. Said detail shall be reviewed and approved by the Director of Planning prior to the approval of the first final map. The maximum height of all retaining walls shall be 2.5 feet in height when combined with freestanding walls which are six feet in height. A 2-3 foot separation shall be provided between free standing and retaining walls where the combined height would otherwise exceed 8.5 feet. 17. Lots backing or siding onto pedestrian paseos or parks shall be provided with view fencing, such as three feet of wrought iron on top of a three foot masonry wall, subject to approval by the Fire Marshal and the Planning Director. 18. Should the applicant propose an amendment to the Otay Ranch General Development Plan to reduce density within the Village Cores at some time in the future, the provision of additional alley product shall be analyzed and considered concurrently with said amendment. SCHEDULE "1" 19. The Design Review Committee shall review and approve the elevations of all homes backing and siding onto Telegraph Canyon Road in Neighborhood R-5. 20. A minimum of thirty percent of all 55 x 105 feet lots in each final map shall be provided with Hollywood driveways. The applicant agrees to process an amendment to the Planned Community District Regulations for SPA One to reflect said requirement. STREETB, RIGHT-OF-WAY AND PUBLIC IMPROVEMEHTB 21. Dedicate for public use all the public streets shown on the tentative map within the subdivision boundary. Prior to the approval of the applicable nB" Map, the applicant shall enter into an agreement to guarantee the construction of all street improvements as required by the PFFP for each particular phase. 22. Secure in accordance with Section 18.16.220 of the Municipal Code, as necessary, the construction and/or construct full street improvements for all on-site and off-site streets deemed necessary to provide service to the subject subdivision. Said improvements shall include, but not be limited to, asphalt concrete pavement, base, concrete curb, gutter and sidewalk, sewer, reclaimed water and water utilities, drainage facilities, street lights, signs, landscaping, irrigation, fencing and fire hydrants. Street cross sections shall conform to the cross sections shown on the Tentative Map. Ail 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. Exhibit A indicates the relationship between the Otay Ranch SPA One roadway designations and the approved City designations in the Circulation Element of the General Plan for purposes of determining the appropriate design standards for all streets within SPA One. Should the City Engineer deem that the construction of sidewalks along the offsite portions of East Orange Avenue and East Palomar Street west of Paseo Ranchero is not necessary to provide service to the subject subdivision, their construction may be delayed. The developer shall dedicate on the appropriate final nB" Map, the right-of-way to extend Carmel Avenue, Santa Lucia Road, Santa Flora Drive, Gold Run Road, Applegate Street, Livingston Avenue and Grayson Court to the easterly subdivision boundary of Village One. The City Engineer and the Planning Director may waive this requirement if it is demonstrated that a street does not need to be extended to provide access to the adjacent property. Unless otherwise approved by the City Engineer, the developer shall provide a cul-de-sac at the end of all proposed street stubs along the subdivision boundary. The City Engineer may approve the installation of a temporary turnaround at the end of those streets SCHEDULE "1" / ~ that might be extended in the future to provide access to the adjacent property. 23. In accordance with the pre-annexation Development Agreement the developer shall grant to the City fee title to the right-of-way for SR 125. Said right-of-way shall be contained in a lot granted to the City for open space, transportation and other public purposes. The right-of-way shall be granted at such time as requested by the City. 24. As part of the improvement plans associated with the final ~B~ Map which triggers the installation of the related street improvements, install a fully activated traffic signal including interconnect wiring at the following intersections: a. East Palomar Street and Paseo Ranchero b. East Palomar Street and La Media Road c. East Palomar Street and East Orange Avenue d. East Orange Avenue and Paseo Ranchero e. East Orange Avenue and La Media Road Install underground improvements, standards and luminaries with construction of street improvements, and install mast arms, signal heads and associated equipment as determined by the City Engineer. 25. Submit to and obtain approval by the City Engineer of striping plans for all collector or higher classification streets simultaneously with the associated improvement plans. 26. Design all vertical and horizontal curves and intersection sight distances to conform to the Caltrans Highway Design Manual. Sight visibility easements shall be granted as necessary to comply with the requirements in the Caltrans Highway Design Manual. 27. Plant trees within all street parkways which have been selected from the revised list of appropriate tree species described in the Village Design Plan which shall be approved by the Directors of Planning, Parks and Recreation and Public Works. The applicant shall provide root control methods per the requirements of the Parks and Recreation Director and a deep watering irrigation system for the trees. An irrigation system shall be provided from each individual lot to the adjacent parkway. The improvement plans, including final selection of street trees, for the street parkways shall be approved by the Directors of Planning, Parks and Recreation and the City Engineer. 28. Enter into an agreement with the City, prior to approval of the first final ~A~ Map, where the developer agrees to the following: SCHEDULE "1" ao Fund and install Chula Vista transit stop facilities when directed by the Director of Public Works. The improvement plans for said stops shall be prepared in accordance with the transit stop details described in the Village Design Plans and approved by the Directors of Planning and Public Works. b. Not protest the formation of any future regional benefit assessment district to finance the Light Rail Transit. c. Fund its fair share of the cost of construction of the two pedestrian bridges connecting Villages One to Village Two and Village Five to Village Six as determined by the City Engineer based on the proportionate benefit received from the improvements. The developer shall also identify the financing mechanism to be used to fund said cost. 29. Grant in fee to the City the right-of-way for the Light Rail Transit as indicated on the approved Tentative Map. Said right-of- way shall be contained in lots granted to the City for open space, transportation, and other public purposes. Said lots shall not extend across street intersections unless approved by the City Engineer. Include said lots in an open space district. 30. Guarantee the construction and enter into an agreement to construct the pedestrian bridge connecting Village One to Village Five in accordance with improvement plans approved by the City prior to approval of the final map that requires construction of La Media Road between East Palomar Street and East Orange Avenue. The developer shall be responsible for the construction of said bridge and may seek, with the concurrence of the City, repayment from other benefiting property owners through a reimbursement district. 31. In the event the Federal Government adopts ADA standards for street rights-of-way which are in conflict with the standards and approvals contained herein, all such approvals conflicting with those standards shall be updated to reflect those standards. Unless otherwise required by federal law, City ADA standards may be considered vested, as determined by Federal regulations, only after construction has commenced. 32. Prior to approval of any final map that requires the construction of Santa Madera Avenue between Telegraph Canyon Road and Morgan Hill Drive ("Temporary Roadway"), in order to access the final map property, the developer shall accomplish the following: a. Obtain all permits and agreements with the environmental regulatory agencies required to construct the "Temporary Roadway". SCHEDULE "1" b. Obtain a construction permit from the City approving the necessary modifications to the existing improvements in Telegraph Canyon Road including the provision of a fully activated traffic signal as directed by the City Engineer. c. Enter into an agreement where the developer agrees to: (1) Perform the following: (a) Restore the median improvements and remove the traffic signal as directed by the City Engineer to provide only right-in/right-out access at said intersection. This work shall be performed at such time as La Media Road between Telegraph Canyon Road and East Palomar Street is opened for public use. (b) Remove to the satisfaction of the City Engineer the remaining "Temporary Roadway" improvements required to close said intersection, at such time as a permanent road connecting Filmore Street in Village One to East Orange Avenue is opened for public use. (2) Restore the Telegraph Canyon Road improvements and regrade the area to be consistent with the streetscape of Telegraph Canyon Road and the drainage channel as directed by the City Engineer and Director of Parks and Recreation. (3) Install signs as directed by the City Engineer, indicating that the "Temporary Roadway" will be closed once the permanent road connecting Filmore Street in Village One to East Orange Avenue is opened for public use. (4) Provide a Notice in any residential disclosure document that the "Temporary Roadway" will be closed once the permanent road connecting Filmore Street in Village One to East Orange Avenue is opened for public use. (5) Provide security acceptable to the City in the amount determined by the City Engineer to guarantee the following: (a) Restoration of the median improvements and removal of the traffic signal required to provide only right-in/right-out access at said intersection. Said bonds shall be provided prior to approval of the final map requiring SCHEDULE "1" the construction of La Media Road between Telegraph Canyon Road and East Palomar Street. (b) Removal of the remaining temporary improvements required to close said intersection and restoration of the area as directed by the City Engineer and Director of Parks and Recreation. Said bonds shall be posted prior to approval of the final map for Village One Core or any unit thereof. (6) Provide for all costs associated with the vacation of the ~Temporary Roadway~ 33. As part of the improvement plans associated with the first final ~B~ Map which triggers the construction of Paseo Ranchero, La Media or Santa Paula Drive, provide the necessary modifications to the applicable existing traffic signals including interconnect wiring at the following intersections: a. Telegraph Canyon Road at St. Claire Drive b. Telegraph Canyon Road at Otay Lakes Road c. Telegraph Canyon Road at Paseo Ranchero Install underground improvements, standards and luminaries with construction of street improvements, and install mast arms, signal heads and associated equipment as determined by the City Engineer. 34. Include the right of way for the proposed "Temporary Roadway" (Santa Madera Avenue between Telegraph Canyon Road and Morgan Hill Drive) in a separate lot. In the appropriate final ~B~ Map, as determined by the City Engineer, grant said lot in fee to the City for open space, transportation, and other public uses. 35. Guarantee the construction and enter into an agreement to construct, prior to the approval of any final ~B~ Map for Neighborhoods R-15, 16, 17, 18, 19, CPF-1, 2, 3, C-1 or 2 or any unit thereof, the construction of a permanent public road connecting Filmore Street in Village One to East Orange Avenue as depicted on the Tentative Map. This road shall have a right-of-way width of 40 feet and be designed and constructed to City standards for residential streets except that it shall have a width (curb to curb) of 26 feet and sidewalk only on one side. 36. Provide (1) twenty feet setback on driveways from property line to garage and (2) sectional roll-up type garage doors at all properties fronting on streets where cul-de-sacs are 150 feet or less in length except as provided for in the Planned Community District Regulations or approved by the City Engineer and the Planning Director. SCHEDULE "1" 37. Not install privately owned water, reclaimed water, or other utilities crossing any public street. This shall include the prohibition of the installation of sleeves for future construction of privately owned facilities. The city Engineer may waive this requirement if the following is accomplished: a. The developer enters into an agreement with the City where the developer agrees to the following: (1) Apply for an encroachment permit for installation of the private facilities within the public right- of-way. (2) Maintain membership in an advance notice such as the USA Dig Alert Service. (3) Mark out any private facilities owned by the developer whenever work is performed in the area. The terms of this agreement shall be binding upon the successors and assigns of the developer. b. Shutoff devices as determined by the City Engineer are provided at those locations where private facilities traverse public streets. 38. Grant on the final ~B~ Map containing the proposed connection to EastLake Parkway (between the two existing Otay Water District parcels) a 60-foot wide easement for street right-of-way and other public purposes along said connection. Prior to approval of the same map the developer shall guarantee the construction of the following improvements within said 60-foot wide easement: a. Pedestrian, cart and bicycle improvements as determined by the City Engineer and Planning Director. The improvement plans shall be prepared in such a way as to not preclude the option of providing street improvements for vehicular access in the future. b. Vehicular access improvements to the existing Otay Municipal Water District parcels as determined by the City Engineer and the Otay Municipal Water District. 39. Grant on the final ~B~ Map containing the paseo between Neighborhoods R-8 and R-9 a 60-wide easement for street right-of- way and other public purposes. The paseo improvements shall be constructed within said easement. Prior to approval of the same final map the developer shall accomplish the following: a. Guarantee the construction of the paseo improvements (if public) as directed by the Director of Planning, Director of Parks and Recreation, and City Engineer. SCHEDULE "1" b. Enter into an agreement with the City where the developer agrees to construct street improvements for vehicular access within the 60-foot easement in accordance with improvement plans approved by the City Engineer if vehicular access is needed in the future. 40. Include in separate lots the right-of-way required to accommodate the future grade separation at the intersections of (1) Telegraph Canyon and Otay Lakes Road, and (2) East Orange Avenue and Paseo Ranchero. These lots shall be granted in fee to the City for Open Space, transportation, and other public purposes on the appropriate final ~B~ Map, as determined by the City Engineer. 41. Residential Street Condition A as denoted on the cover page of the tentative map is the preferred section and shall be implemented on all residential streets, excluding the alley product, unless otherwise approved by the city Engineer and Planning Director. 42. The applicant shall submit a conceptual design for the bridge connections between Village One and Village Five which indicates materials, height, location, etc. Said design plan shall be reviewed and approved by the Planning Director prior to approval of the final ~B~ Map that requires construction of La Media Road between East Palomar Street and East Orange Avenue. 43. Requested General Waivers 1, 2, and 3 and Specific Waiver 3, as indicated on the cover sheet of the tentative map, are hereby approved. Specific Waivers 1 and 2 are approved subject to the condition that one-way circulation be provided at the north-south streets adjacent to parks P-4 and P-5, unless otherwise approved by the City Engineer. 44. The applicant shall submit and obtain approval from the City Engineer and the Planning Director of a final conceptual design of the proposed traffic circles prior to approval of the first final ~B~ Map. The developer shall submit striping, signage and landscape plans for all traffic circles indicated on the tentative map. In the event the traffic circles are not approved, some type of alternative enhanced landscaping and/or entry statement at those intersections acceptable to the city Engineer and the Planning Director, shall be identified prior to approval of the first final ~B~ Map. 45. Right-of-way for the light rail transit line shall provide for spiral curves as required by MTDB and approved by the City Engineer. 46. Unless otherwise approved by the City Engineer, the developer shall provide sewer stubs extending to the easterly subdivision boundary of Village One at the following locations: (1) all the street stubs proposed along said boundary, and (2) at those locations where right-of-way dedication is required to extend SCHEDULE "1" Carmel Avenue, Santa Lucia Road, Santa Flora Drive, Gold Run Road, Applegate Street, Livingston Avenue and Grayson Court to said subdivision boundary. 47. Prior to approval of the first final "B~ Map the developer shall submit and obtain the approval of the City Engineer of a design study of the connection of the sewerline shown on the tentative map as ending at the northerly end of Gold Run Road to an approved public sewer system. ~I~DIN~i%ND DRAINAGE 48. Provide a setback, as determined by the City Engineer, between the property lines of the proposed lots and the top or toe of any slope to be constructed where the proposed grading adjoins undeveloped property or property owned by others. The City Engineer shall not approve the creation of any lot that does not meet the required setback. The developer shall submit notarized letters of permission to grade for all off-site grading. 49. Submit a list of proposed lots with the appropriate grading plan indicating whether the structure will be located on fill, cut or a transition between the two situations unless otherwise approved by the City Engineer. 50. Comply with all the provisions of the National Pollutant Discharge Elimination System (NPDES) and the Clean Water Program. 51. Provide runoff detention basins or any other facility approved by the City Engineer to reduce the quantity of runoff from the development to an amount equal to or less than the present 100-year frequency runoff. 52. Provide "as built~ improvement and storm drain plans in DXF file format to the satisfaction of the City Engineer. 53. Grant on the appropriate final ~B~ Map a 15 feet minimum drainage and access easement for storm drain lines located between residential units unless otherwise directed by the City Engineer. All other easements shall meet City standards for required width. 54. Prior to approval of (1) the first final ~B~ Map or grading permit for land draining into the Poggi Canyon or (2) the first final 'B~ Map or grading permit which requires construction of Santa Madera between Telegraph Canyon Road and Morgan Hill Drive ("Temporary Roadway"), the developer shall: a. Guarantee the construction of the applicable drainage facility, unless otherwise approved by the City Engineer as follows: SCHEDULE "1" (1) Runoff detention/desilting basin and naturalized channel in Poggi Canyon; or (2) Runoff detention Basin in Telegraph Canyon Channel The City Engineer may approve that these facilities are constructed at a later time if the developer provides private temporary runoff detention basins or other facilities, approved by the City Engineer, which would reduce the quantity of runoff from the development to an amount equal to less than the present 100 year flow. Said temporary facilities shall comply with all the provisions of the National Pollutant Discharge Elimination System (NPDES) and the Clean Water Program. Prior to issuance of any grading permit which approves any temporary facility, the developer shall enter into an agreement with the City to guarantee the adequate operation and maintenance (O & M) of said facility. The developer shall provide security satisfactory to the City to guarantee the O & M activities, in the event said facilities are not maintained to City standards as determined by the City Engineer. The developer shall be responsible for obtaining all permits and agreements with the environmental regulatory agencies required to perform this work. b. Prepare a maintenance program including a schedule, estimate of cost, operations manual and a financing mechanism for the maintenance of the applicable facilities. Said program shall be subject to approval of the City Engineer, the Director of Parks and Recreation, and the applicable environmental agencies. c. Enter into an agreement with the City of Chula Vista and the applicable environmental agencies (Fish and Game, Fish and Wildlife) wherein the parties agree to implement the maintenance program. d. Enter into an agreement with the City where the developer agrees to the following: (1) Provide for the maintenance of the proposed detention basin in Telegraph Canyon and the proposed naturalized channel and detention basin in Poggi Canyon until such time as maintenance of such facilities is assumed by the City or an open space district. (2) Provide for the removal of siltation in the Telegraph and Poggi Canyon Channels (including detention basins) until all upstream grading within SCHEDULE "1" the development is completed and erosion protection planting is adequately established as determined by the City Engineer and Director of Parks and Recreation. (3) Provide for the removal of any siltation in the Telegraph and Poggi Canyon Channels (including detention basins) attributable to the development for a minimum period of five years after maintenance of the facility is assumed by the City or an open space district. 55. Enter into an agreement with the City, prior to approval of the first final ~B~ Map or grading permit for land draining into the existing Telegraph Canyon Channel, where the developer agrees to perform the following activities within the portion of said existing channel extending from Paseo Ladera to the eastern subdivision boundary: a. Provide for the removal of siltation until all upstream grading within the development is completed and erosion protection planting is adequately established as determined by the city Engineer and Director of Parks and Recreation. b. Provide for the removal of any siltation attributable to the development for a minimum period of five years after maintenance of the channel is assumed by the City or an open space district. 56. Ensure that brow channels and ditches emanating from and/or running through city Open Space are not routed through private property and vice versa. 57. Provide a graded access (12 feet minimum width) and access easements as required by the city Engineer to all public storm drain structures including inlet and outlet structures. Improved access as determined by the City Engineer shall be provided to public drainage structures located in the rear yard of any residential lot. 58. Provide a protective fencing system around (1) the proposed detention basins at Telegraph Canyon and Poggi Canyon, and (2) inlets and outlets of storm drain structures, as directed by the City Engineer. The final design and types of construction materials shall be subject to approval of the Director of Planning and the City Engineer. 59. Designate all drainage facilities draining private property to the point of connection with public facilities as private. SCHEDULE "1" 60. Provide a 6 inch thick concrete access road to the bottom of the proposed detention basins. This access shall have a minimum width of 12 feet, a maximum slope of 8%, and a heavy broom finish on the ramp as directed by the City Engineer. 61. Obtain a Letter of Map Revision (LOMR) from the Federal Emergency Management Agency revising the current National Flood Insurance Program maps of the Telegraph Canyon Channel to reflect the effect of the proposed drainage improvements. The LOMR shall be completed prior to acceptance by the City of the proposed detention facility. 62. Provide graded maintenance access roads along both sides of the proposed onsite and offsite portions of the Poggi Canyon Channel. The width of said roads shall be 12 feet unless otherwise approved by the city Engineer. The final dimensions and location of the access roads shall be as determined by the City Engineer. 63. Obtain, prior to approval of the first final ~B" Map, the approval of the Director of Public Works to any amendment necessary to make the Master Drainage plan consistent with the approved Tentative Map. 64. Prior to the installation of the regional trail, install a fence along those portions of (1) the existing maintenance access roads along the Telegraph Canyon Channel, and (2) the proposed maintenance access roads of the Poggi Canyon Channel, which are proposed to be incorporated into the Regional Trail System. The fence shall be erected only at those locations where its installation will not interfere with the normal channel maintenance. The specific locations where the fence will be allowed and the fence details shall be as determined by the City Engineer and Director of Parks and Recreation. 65. Prepare and obtain approval by the City Engineer, Director of Planning, and Director of Parks and Recreation of an erosion and sedimentation control plan and landscape/irrigation plans as part of.the grading plans. 66. Landform grading, similar to what has been proposed along Telegraph Canyon Road and consistent with City policy, shall be implemented adjacent to all off-site major roads. 67. 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. 68. Prior to the approval of the grading plans proposing the grading of the area that would accommodate the future grade separated intersections at East Orange Avenue/Paseo Ranchero and Telegraph Canyon Road/Otay Lakes Road, the developer shall submit SCHEDULE "1" a design study, acceptable to the City Engineer, of the grading required for said grade separated intersections. 69. The grading plans for the intersection at East Orange Avenue/Paseo Ranchero shall include a partial grading of the area that would accommodate the eastbound on-ramp and off-ramp and the westbound on-ramp of the future grade separated intersection. The elevations and extent of the required grading shall be determined by the City Engineer to: (1) allow in the future the construction of any additional grading necessary for the ultimate intersection configuration, and (2) construct the Poggi Canyon Channel at its ultimate location. 70. Prior to approval of the grading and/or improvement plans proposing the construction of the culvert under La Media Road at the crossing with the Telegraph Canyon Channel, the developer shall submit a study acceptable to the City Engineer demonstrating that the proposed culvert will be capable of handling the design flow in the event said culvert needs to be extended in the future in conjunction with the grading for a grade separated intersection at Telegraph Canyon Road/Otay Lakes Road. 71. Unless otherwise approved by the City Engineer, the developer shall provide an underground storm drain connecting the cleanout in Park P-9 to the Telegraph Canyon Channel Drainage easements shall be provided as required by the City Engineer. SE~ER 72. Provide an improved access road with a minimum width of 12 feet to all sanitary sewer manholes. The roadway shall be designed for an H-20 wheel load or other loading as approved by the City Engineer. 73. Grant on the appropriate final ~B" Map a 20 feet minimum sewer and access easement for sewerlines located between residential units unless otherwise directed by the City Engineer. All other easements shall meet City standards for required width. P~RKS/OPEN SPACE/WILDLIFE PRESERVATION General 74. The SPA one project shall satisfy the requirements of the Park Land Dedication Ordinance (PLDO). The ordinance establishes a requirement that the project provide three (3) acres of local parks and related improvements per 1,000 residents. Local parks are comprised of community parks and neighborhood parks. Pedestrian parks are an integral component of the plan and shall receive partial park credit as defined below. A minimum of two thirds (2 acres/i,000 residents) of local park requirement shall be satisfied through the provision of turn-key neighborhood and pedestrian parks within SPA One. The remaining requirement (1 acre/i,000 residents) shall be satisfied through the payment of fees. SCHEDULE "1" 75. Ail local parks shall be consistent with the SPA One PFFP and shall be installed by the Applicant. A construction schedule, requiring all parks to be completed in a timely manner, shall be approved by the Director of Parks and Recreation. 76. All local parks shall be designed and constructed consistent with the provisions of the Chula Vista Landscape Manual and related Parks and Recreation Department specifications and policies. 77. The applicant shall enter into a Chula Vista standard three party agreement with the City of Chula Vista and design consultant(s), for the design of all aspects of the neighborhood and community parks in accordance with the Master Plan whereby the Parks and Recreation Director selects the design consultant(s), to be funded by the applicant. The cost for the consultant(s) shall be established and said amount deposited into an account prior to any work being initiated by the consultant. The agreement shall include, but not be limited to, master planning, design development phase, construction document phase and construction supervision phase for the park sites. The construction documents shall reflect the then current requirements of the City's Code/Landscape Manual requirements. 78. The Applicant shall receive surplus park credit to the extent the combined park credit for neighborhood parks, pedestrian parks, the town square park and the community park exceeds the 3 acres per 1,000 residents standard. This surplus park credit may be utilized by the Applicant to satisfy local park requirements in future SPAs. 79. The Applicant and the city shall mutually agree on a PAD fee reimbursement schedule in coordination with the adopted construction schedule. Milestones will be established for partial reimbursement during the construction process. The City may withhold up to 20% of the park construction funds until the park has been completed and accepted. Reimbursement of PAD fees shall include the interest accrued by the city on said PAD fees minus the City's cost of processing and administering this reimbursement program. 80. Grant in fee all designated public park lands at such time as is necessary to implement the requirements of the PLDO and the PFFP. 81. Pedestrian Parks (also known as mini-parks): Pedestrian parks less than five acres, as identified in the SPA One Plan, shall be maintained by a funding entity other than the City's General Fund. Pedestrian parks shall receive a minimum of 25% and a maximum of 50% park credit, as determined by the Director of Parks and Recreation pursuant to the City wide small park credit criteria which shall be approved by the city Council. SCHEDULE "1" 82. Neighborhood Parks: a. In addition to those PAD fees required by Condition No. 83, the Applicant shall pay PAD fees based on a formula of 2 acres per 1,000 residents for the first 500 dwelling units. In the city's sole discretion, PAD fees may be required for units in excess of the first 500 dwelling units. b. Prior to the approval of the first final map which creates residential lots (~B~ Map), the applicant shall enter into a supplemental agreement where the applicant agrees to construct the first neighborhood park in SPA One, in a location determined by the Director of Parks and Recreation, no later than issuance of the building permit for the 500th dwelling unit. The agreement shall also provide the following: (1) The level of amenities required in the first phase of construction of the first neighborhood park shall be determined by the Director of Parks and Recreation in conjunction with the park master planning effort required by the City of Chula Vista Landscape Manual. Said level of amenities shall be equivalent to five acres of neighborhood park improvements as described in the PLDO ordinance and the Park Master Plan as approved by the Director of Parks and Recreation. The applicant shall complete construction of the first phase of the first neighborhood park within six (6) months of commencing construction of said park. (2) Prior to issuance of the building permit for the ll50th dwelling unit, the Director of Parks and Recreation shall determine the level of amenities required for the second phase of construction of this park consistent with the PLDO and the Park Master Plan, or in lieu of the second phase, require the construction of another neighborhood park at a different location. If the applicant cannot build a park at a different location chosen by the Director of Parks and Recreation, the city may require the applicant to pay PAD fees. (3) At no time following completion of construction of the first phase of the first neighborhood park shall there be a deficit in ~constructed neighborhood park~ based upon 2 acres/i,000 residents. Applicant agrees that the City may withhold the issuance of building permits should said deficit occur. For purposes of this condition, the term ~constructed neighborhood park SCHEDULE "1" shall mean that construction of the park has been completed and accepted by the Director of Parks and Recreation as being in compliance with the Park Master Plan, but prior to the mandatory 9-12 month maintenance period. This condition is not intended to supersede any of the City's maintenance guarantee requirements. (4) The Applicant shall receive reimbursement of PAD fees, proportionate to what has been constructed, should they deliver a turn-key park which has been constructed in accordance with the Parks Master Plan. c. The applicant shall grant to the City, at the ~A~ Map stage, an irrevocable offer of dedication for all neighborhood parks shown on the Tentative Map. 83. Community Parks: a. Prior to the approval of each final ~B~ Map the Applicant shall pay PAD fees for the Community Park based upon a formula of 1 acre per 1, 000 residents, until such time as a turn-key facility has been accepted by the Director of Parks and Recreation. Said turn-key facility is subject to the reimbursement mechanism set forth below. b. The first Otay Ranch Community Park, to satisfy SPA One demand, shall be located in Village 2 as identified in the GDP. c. The Applicant shall identify the relocation, if any, of the Village 20tay Ranch Community Park prior to issuance of the building permit for the 1,150th dwelling unit. Said relocation may require an amendment to the Otay Ranch General Development Plan. d. Notwithstanding that the community park requirement (1 acre/i,000 residents) shall be satisfied through the payment of PAD fees, the Applicant shall commence construction of the first phase of the Community Park prior to issuance of the building permit for the 2,650th dwelling unit. The first phase of construction shall include, but not be limited to, improvements such as a graded site with utilities provided to the property line and an all weather access road acceptable to the Fire Department. e. The Applicant shall commence construction of the second phase of the Community Park prior to issuance of the building permit for the 3,000th dwelling unit. Second SCHEDULE "1" phase improvements shall include recreational amenities as identified in the Park Master Plan. f. The Community Park shall be ready for acceptance by the Director of Parks and Recreation for maintenance prior to issuance of the building permit for the 3,900th dwelling unit. g. If the Director of Parks and Recreation determines that it is not feasible for the Applicant to commence construction of the first phase improvements of the community park prior to issuance of the building permit for the 2,650th unit, then the Director of Parks and Recreation shall have the option to utilize the PAD fees for said improvements, or to construct another park facility, east of the 1-805 Freeway within an acceptable service radius of SPA One, as set forth in the GDP. h. The Applicant shall provide a maintenance period of 9-12 months in accordance with the City of Chula Vista Parks and Recreation Department policy. i. The Applicant shall receive reimbursement of PAD fees, proportionate to what has been constructed, excluding the cost of construction of the all weather access road, for the community park should they deliver a turn-key facility to the City in accordance with the Community Park Master Plan. 84. Trails/Open Space: a. All trails shall connect to adjoining existing and/or proposed trails in neighboring development projects, as determined by the Director of Parks and Recreation. b. The two connector trails from Neighborhoods R-24 and R-25 in Village Five to Telegraph Canyon Road shall be combined into one trail in Open Space Lot 37 and shall connect to the regional trail in one location. c. The maximum gradient for connector trails shall be 10%. Steeper grades of up to 12% for short runs of 50 feet may be permitted subject to the approval by the Parks and Recreation Director. d. The graded section upon which the connecting trails are constructed shall be 10 feet in width. Six feet shall be provided for the trail bed, with a 2 foot graded shoulder on either side. e. Landscape and irrigation plans for the transit right-of- way shall be reviewed and approved by the Parks and SCHEDULE "1" Recreation Director in conjunction with the landscape plans for East Palomar Street. 85. Community Gardens: a. Community Gardens shall be consistent with the guidelines in the SPA One Parks, Recreation, Open Space and Trails Master Plan, including creation of the Community Garden Committee and their responsibilities. b. Water lines shall be stubbed from the nearest open space water meter to the site(s) in order to facilitate development of the Community Gardens. c. Community Garden sites shall be consistent with those identified on the tentative map. d. Maintenance of Community Gardens shall be funded by an Open Space Maintenance District, Homeowner's Association or other funding mechanism approved by the Director of Parks and Recreation and the City Engineer. e. Community Gardens shall not receive park credit. OPEN SPACE/ASSESSMENTS 86. Prior to the approval of the first final 'B~ Map, the developer shall: a. Submit and obtain approval of the SPA One Open Space Master Plan from the Director of Parks and Recreation. The Open Space Master Plan shall be based upon the approved Concept and Analysis Plan, the requirements of which are outlined in the City of Chula Vista Landscape Manual and include but are not limited to elements such as final recreational trail alignments and fencing and phasing. Request the formation of an Open Space District pursuant to the 1972 Landscaping & Lighting Act for the Otay Valley Parcel of the Otay Ranch. This district formation shall be submitted to Council for consideration prior to approval of the first final "B" map. Maintenance of the open space improvements shall be accomplished by the developer for a minimum period of one year or until such time as accepted into the open space district by the Director of Parks and Recreation. If Council does not approve the open space district formation, some other financing mechanism shall be identified and submitted to for consideration prior to approval of the first final map. SCHEDULE "1" c. Submit evidence acceptable to the City Engineer and the Director of Parks and Recreation of the formation of a Master Homeowner's Association (MHOA), or another financial mechanism acceptable to the City Manager, which includes all the properties within the approved tentative map prior to approval of the first ~B~ Map. The MHOA shall be responsible for the maintenance of the improvements listed below. The City Engineer and the Director of Parks and Recreation may require that some of those improvements be maintained by the Open Space District. The final determination of which improvements are to be included in the Open Space District and those to be maintained by the M~OA shall be made during the Open Space District Proceedings. The M/~OA shall be structured to allow annexation of future tentative map areas in the event the City Engineer and Director of Parks and Recreation require such annexation of future tentative map areas. The M~OA formation documents shall be approved by the City Attorney. d. Submit a list of all Otay Ranch SPA One facilities and other items to be maintained by the proposed district. Separate lists shall be submitted for the improvements and facilities to be maintained by the Open Space District and those to be maintained by a Master Homeowner's Association. Include a description, quantity and cost per year for the perpetual maintenance of said improvements. These lists shall include but are not limited to the following facilities and improvements: (1) All facilities located on open space lots to include but not be limited to: walls, fences, water fountains, lighting structures, paths, trails, access roads, drainage structures and landscaping. Each open space lot shall also be broken down by the number of acres of turf, irrigated, and non- irrigated open space to aid in the estimation of a maintenance budget thereof. (2) Medians and parkways along East Orange Avenue (onsite and offsite), Paseo Ranchero, La Media Road, East Palomar Street (onsite and offsite) and all other street parkways proposed for maintenance by the open space district or Homeowners' Association. (3) The proposed detention basin in Telegraph Canyon and the fair share of the maintenance of the existing naturalized Telegraph Canyon Channel east of Paseo Ladera as determined by the City Engineer based on the proportional benefit received from the improvements. This includes but is not limited to SCHEDULE "1" the cost of maintenance and all cost to comply with the Department of Fish and Game and Corps of Engineers permit requirements. (4) The proposed detention basin and naturalized channel in Poggi Canyon. This includes but is not limited to the cost of maintenance and all cost to comply with the Department of Fish and Game and the Corps of Engineers permit requirements. (5) Community Gardens (6) Pedestrian Bridges. (7) The proportional share of the maintenance of the median and parkways along that portion of Telegraph Canyon Road adjoining the development as determined by the City Engineer. (8) All proposed facilities and improvements (excepting street improvements) within the 60-foot wide easement to be dedicated to the City for right-of- way at the following locations: (1) between Neighborhoods R-8 and R-9, and (2) at the proposed connection to EastLake Parkway (between the two Otay Water District Parcels. d. Submit an initial deposit of $15,000 to begin the process of formation of the open space district. All costs of formation and other costs associated with the processing of the open space relating to this project shall be borne by the developer. e. Provide all the necessary information and materials (e.g., exhibits, diagrams, etc.) as determined by the City Engineer to prepare the engineer's report for the proposed open space district. 87. Include in the CC&Rs, if applicable, the obligation of the Homeowners' Association to maintain all the facilities and improvements within the open space lots rejected by the City prior to the approval of the final map containing said lots. 88. Grade a level, clear area at least three feet wide (face of wall to top of slope), along the length of any wall abutting an open space district lot, as measured from face-of-wall to beginning of slope, said area as approved by the City Engineer and the Director of Parks and Recreation. 89. Ensure that all buyers of lots adjoining open space lots containing walls maintained by the open space district sign a statement, when purchasing their homes, stipulating that they are SCHEDULE "1" aware that the walls are on City property and that they shall not modify or supplement the wall or encroach onto City property. These restrictions shall also be incorporated in the CC&Rs for each lot. 90. Agree to not protest formation or inclusion in a maintenance district or zone for the maintenance of landscaped medians and scenic corridors along streets within and adjacent to the subject subdivision. 91. Grant in fee to the city on the appropriate final map, all open space lots shown on the tentative map and execute and record a deed for each of the lots to be maintained by the City through the open space district. 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 Homeowner's Association. 92. Provide documentation, prior to the approval of the first final ~B~ Map, to the Director of Planning and the City Engineer that an annexable Mello-Roos District, or other financing mechanism approved by the Sweetwater High School District and the Chula Vista Elementary School District has been established to provide for construction of schools. 93. Fund the revision of the Public Facilities Development Impact Fee (PFDIF) Program, which shall be prepared by the City, as directed by the City Manager or his designee, and approved by the City Council prior to approval of the first final ~B~ Map. The developer shall receive 100% credits towards future PFDIF fees for funding this update. Provide a deposit of $20,000 to begin this process. All cost of revising the PFDIF shall be borne by the developer. 94. 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 open space district, the developer shall place a cash deposit with the City which will guarantee the maintenance of the L & I improvements, prior to City acceptance of said improvements, in the event the improvements are not maintained to City standards as determined by the city Engineer and the Director of Parks and Recreation. 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 City Engineer. Any unused portion of said deposit could be incorporated into the open space district's reserve at such time as the maintenance of the open space lot is assumed by the open space district. WATER SCHEDULE "1" 95. Provide to the City a letter from Otay Municipal Water District indicating that the assessments/bonded indebtedness for all parcels dedicated or granted in fee to the City have been paid or that no assessments exist on the parcel(s). 96. Present verification to the City Engineer in the form of a letter from Otay Water District that the subdivision will be provided adequate water service and long term water storage facilities. 97. Grant to the City a 10' wide easement for general utility purposes along public street frontage of all open space lots offered for dedication to the City unless otherwise approved by the City Engineer. 98. Indicate on the appropriate ~B~ Map a reservation of easements to the future Homeowners' Association for private storm drain and private sewer facilities within open space lots as directed by the City Engineer. 99. Obtain, prior to approval of any final ~B~ Map, all off-site right-of-way necessary for the installation of the required improvements for that subdivision thereto. The developer shall also provide easements for all on-site and off-site public drainage facilities, sewers, maintenance roads, and any other public facilities necessary to provide service to the subject subdivision. 100. Notify the City at least 60 days prior to consideration of the final map by City if off-site right-of-way cannot be obtained as required by the Conditions of approval. (Only off-site right-of- way or easements affected by Section 66462.5 of the Subdivision Map Act are covered by this condition.) After said notification, the developer shall: 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 to be approved by the City Engineer. c. Have all easements and/or right-of-way documents and plats prepared and appraisals complete which are necessary to commence condemnation proceedings as determined by the City Attorney. d. 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. SCHEDULE "1" The developers shall pay all costs, both direct and indirect incurred in said acquisition. The requirements of a, b, and c above shall be accomplished prior to the approval of the appropriate Final Map. 101. Grant easements to subsequent owners pursuant to Section 18.20.150 of the City Code on any final map that proposes private utilities or drainage facilities crossing property lines as directed by the City Engineer. 102. Grant to city on the appropriate final ~B" Map two foot access easements along the rear and side property line of lots adjoining walls to be maintained by the open space district. The locations of these easements shall be as required by the Director of Parks and Recreation and the City Engineer to provide adequate access for maintenance of said walls. AGREEMENTS/FINANCIAL 103. Enter into a supplemental agreement with the City, prior to approval of each final nB" Map, where the developer agrees to the following: a. That the City may withhold building permits for the subject subdivision if any one of the following occur: (1) Regional development threshold limits set by the adopted East Chula Vista Transportation Phasing Plan have been reached. {2) Traffic volumes, levels of service, public utilities and/or services exceed the threshold standards in the then effective Growth Management Ordinance. (3) The applicant does not comply with the terms of the Reserve Fund Program. b. That the City may withhold building permits for any of the phases of development identified in the Public Facilities Financing Plan (PFFP) for Otay Ranch SPA One if the required facilities, as identified in the PFFP or as amended by the Annual Monitoring Program, have not been completed. c. 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, SCHEDULE "1" officers, or employees with regard to this subdivision 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. d. Hold the City harmless from any liability for erosion, siltation or increase flow of drainage resulting from this project. e. Ensure that all franchised cable television companies ("Cable Company") are permitted equal opportunity to place conduit and provide cable television service to each lot on public streets within the subdivision. Restrict access to the conduit to only those franchised cable television companies who are, and remain in compliance with, all of the terms and conditions of the franchise and which are in further compliance with all other rules, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may from time to time be issued by the City of Chula Vista. f. Include in the Articles of Incorporation or Charter for the Homeowners' Association (HOA) provisions prohibiting the HOA from dedicating or conveying for public streets, land used for private streets without approval of 100% of all the HOA members. 104. Enter into an supplemental agreement with the City prior to approval of the first final ~B~ Map, where the developer agrees to the following: a. Participate, on a fair share basis, in any deficiency plan or financial program adopted by SANDAG to comply with the Congestion Management Program (CMP). b. To not protest the formation of any future regional impact fee program or facilities benefit district to finance the construction of correctional facilities. 105. Prior to the approval of the first final map after January 11, 2000, as per Section 1 of the Telegraph Canyon Estates Affordable Housing Agreement adopted by Resolution No. 17737, the applicant shall grant in fee three (3) acres of buildable land acceptable to the City of Chula Vista within Village One of SPA One of the Otay Ranch in order to satisfy the affordable housing implementation measure contained in the approved Otay Ranch GDP (ref. GDP; Section Bo2, Pg. 242) and the terms of an existing agreement adopted by Resolution No. 17737. In addition, said existing agreement, dated December 1, 1995, shall be amended to permit the land dedication within Village One. SCHEDULE "1" 106. Prior to approval of the first ~A~ Map, or as otherwise determined by the Director of Planning, within SPA One and consistent with the city's Housing Element, Ranch-Wide and SPA One Affordable Housing Plans, the applicant shall enter into and execute with the City an Affordable Housing Agreement (~SPA One Affordable Housing Agreement~) containing, but not limited to, the following provisions: (a) The obligation to provide the total number of low and moderate income units required under the City's Affordable Housing Program, based on the number of dwelling units contained within the Master Tentative Map for SPA One; (b) Identify the overall number of dwelling units within the Master Tentative Map for which the applicant can receive final map approval prior to the applicant selecting and guaranteeing, to the City's satisfaction, final affordable housing site(s); (c) The number of dwelling units within the master tentative map area which can receive building permit authorizations prior to the applicant obtaining building permits for a specified number of the required low income units; and (d.) A description of what information must be provided in subsequent Project Level Affordable Housing Agreements. Upon its approval by the City, the terms and conditions of the SPA One Affordable Housing Agreement shall become conditions of this resolution, and is hereby incorporated herein by this reference. 107. The Applicant shall pay, prior to approval of the first Map, their proportional share, as determined by the Director of Parks and Recreation, of a collaborative study analyzing local park needs for the area east of the 1-805 Freeway. 108. The applicant shall enter into an agreement with the City, prior to approval of each final ~B~ Map, where the applicant agrees to ensure that all insurance companies are permitted equal opportunity to go out to bid to provide a Cooperative Homeowner's Insurance Program (CHIP). 109. Prior to the approval of the first final ~B~ Map, the developer shall submit and obtain approval by the City Engineer of an~Improvement Phasing Schedule~ which will identify the timing of construction of all backbone facilities noted in the following table. The Improvement Phasing Schedule shall be consistent with the PFFP. COST ITEM TO BE INCLUDED IN FACILITY FINANCING PLAN *Acquisition/Dedication of East Palomar Street between offsite right of way Paseo Ranchero and La Media Road *Construction of full street and between La Media Road and improvements East Orange Avenue SCHEDULE "1" *Acquisition/Dedication of the Paseos in Villages One and Five offsite portions of open space including the paseo between lots containing the paseos Neighborhoods R-8 and R-9 *Construction of full paseo improvements *Payment of Telegraph Canyon For areas covered by: backbone Basin Drainage DIF streets and all common areas which include, but are not limited to: parks, schools, paseos and open space lots *Construction of pedestrian Pedestrian bridge connecting bridges Village One to Village Five, Village One to Village Two and Village Five to Village Six *Removal of temporary ~Temporary Roadway" (Santa improvements Madera Avenue between Telegraph *Restoration of the area to Canyon Road and Morgan Hill original conditions Drive *Construction of full street Permanent public road connecting improvements Filmore Street to East Orange Avenue *Construction of full Transit stop facilities in improvements Villages One and Five *Acquisition/Dedication of Poggi Canyon Channel (onsite and offsite drainage easement offsite) and detention basin *Construction and maintenance (prior to City acceptance) *Construction and maintenance Telegraph Canyon Channel (prior to City acceptance) detention basin *Acquisition/Dedication of Poggi Canyon Sewer Interceptor offsite sewer easement (onsite and offsite) *Upgrading of the existing Poggi Canyon Interceptor required to accommodate C.V.T. 96-04 flows *Construction of the improvements required to connect C.V.T 96-04 to the existing Poggi Canyon sewer improvements (near I-$05) *Installation of interconnect Traffic signals along Telegraph wiring Canyon Road at the intersections with St. Claire Drive, Otay Lakes Road and Paseo Ranchero *Construction of full Open space lots landscaping and irrigation improvements *Construction of full trail Regional trail system improvements SCHEDULE "1" Security satisfactory to the city shall be provided for the above backbone facilities when their construction is triggered as identified in the approved Improvement Phasing Schedule. In addition to the foregoing, security satisfactory to the City shall be provided to guarantee the construction of the following First Phase Backbone Facilities: 1) One-half of the improvements in East Palomar Street between Paseo Ranchero and La Media including the two full traffic circles in Village One prior to approval of the first ~B" Map for Village One. 2) The remaining improvements in East Palomar Street within Village One at the time the trigger point is reached in the PFFP for the corresponding ~B" Map. 3) Full improvements in East Palomar Street between La Media and East Orange Avenue in Village Five at the time the trigger point is reached in the PFFP for the corresponding ~B" Map. 4) Fair share of full improvements for the pedestrian bridge connecting Village One to Village Five and fair share of one half of the improvements for the pedestrian bridges connecting Village One to Village Two and Village Five to Village Six, prior to the approval of the first final ~B" Map. The amount of the security for the above noted improvements shall be 110% times a construction cost estimate approved by the City Engineer if improvement plans have been approved by the City, 150% times the approved cost estimate if improvement plans are being processed by the City or 200% times the construction cost estimate approved by the City Engineer if improvement plans have not been submitted for City review. A lesser percentage may be required if it is demonstrated to the satisfaction of the City Engineer that sufficient data or other information is available to warrant such reduction. SCHOOLS 110. Prior to the approval of the first final ~B" Map, the applicant shall prepare and submit an application for an amendment to the Otay Ranch General Development Plan replacing the Village Seven High School location with a site in either the area west of Paseo Ranchero in Village One or the northern portion of Village Two. The applicant shall enter into a supplemental agreement prior to approval of the first final map in which applicant agrees to the following: The City shall not issue building permits for more than 1,400 units within SPA One until the City has acted on the proposed plan amendment unless the District consents to the further issuance of such permits. The Applicant shall deliver to the School District a graded high school site including utilities provided to the site and an all weather access road acceptable to the District prior to SCHEDULE "1" issuance of the 2,650th building permit (504 students) or upon written request by the District not prior to 1,800 permits. The all weather access road shall also be acceptable to the Fire Department. This schedule is subject to modification by the School District as based on District facility needs. 111. The Applicant shall deliver to the School District, a graded elementary school site including utilities provided to the site and an all weather access road acceptable to the District, located within Village One, prior to issuance of the 500th residential building permit (150 students). The all weather access road shall also be acceptable to the Fire Department. This schedule is subject to modification by the School district as based on District facility needs. 112. The Applicant shall deliver to the School District, a graded elementary school site including utilities provided to the site and an all weather access road acceptable to the District, located within Village Five, prior to issuance of the 2,500th residential building permit (750 students). The all weather access road shall also be acceptable to the Fire Department. This schedule is subject to modification by the School District as based on District facility needs. 113. The applicant shall deliver to the School District, a graded elementary school site including utilities provided to the site and an all weather access road acceptable to the District, located west of Paseo Ranchero, prior to issuance of the 4,500th residential building permit (1,350 students). The all weather access road shall also be acceptable to the Fire Department. This schedule is subject to modification by the School District as based on District facility needs. MISCELLANEOUS 114. Include in the Declaration of Covenants, Conditions and Restrictions (CC&Rs) provisions assuring maintenance of all streets, driveways, drainage and sewage systems which are private. The City of Chula Vista shall be named as party to said Declaration authorizing the City to enforce the terms and conditions of the Declaration in the same manner as any owner within the subdivision. The CC&R's shall also include language which states that any proposal by the HOA for dedication or conveyance for public purposes of land used for private streets will require prior written approval of 100% of all the Homeowners' Association members. 115. Submit copies of Final Maps and improvement plans in a digital format such as (DXF) graphic file prior to approval of each Final Map. Provide computer aided Design (CAD) copy of the Final Map based on accurate coordinate geometry calculations and submit the information in accordance with the City Guidelines for Digital SCHEDULE "1" Submittal in duplicate on 5-1/4" HD or 3-1/2" disks prior to the approval of each Final Map. 116. Tie the boundary of the subdivision to the California System - Zone VI (1983). 117. Prior to approval of the first final map within each Village, the developer shall submit and obtain the approval of the City of a master final map (~A~ Map) over the portion of the tentative map within each Village area showing ~super block~ lots corresponding to the units and phasing or combination of units and phasing thereof. Said ~A~ map shall also show the backbone street dedications and utility easements required to serve the ~super block~ lots. All ~super~ block lots created shall have access to a dedicated public street. Said ~A~ map shall not be considered the first map as indicated in other conditions of approval unless said map contains single or multiple family lots or a subdivision of the multiple family lots shown on the tentative map. A lot line adjustment, if utilized in accordance with City standards and procedures, shall not be considered the first ~A~ Map. The subsequent development of a multiple family lot which does not require the filing of a ~B~ Map shall meet, prior to issuance of a building permit for that lot, all the applicable conditions of approval of the tentative map, as determined by the City Engineer. Construction of non-backbone streets adjacent to multiple family lots will not need to be bonded for with the final ~A~ Map which created such lot. However, such improvements will be required to be constructed under the Municipal Code provisions requiring construction of street improvements under the design review and building permit issuance processes. In the event of a filing of a final map which requires oversizing (in accordance with the restrictions of state law and City ordinances) of the improvements necessary to serve other properties, said final map shall be required to install all necessary improvements to serve the project plus the necessary oversizing of facilities required to serve such other properties. 118. Signage shall be provided at Bouquet Canyon Drive and the pedestrian paseo in Village Five and at Stanislaus Drive and the pedestrian paseo in Village One which alerts motorists to a pedestrian mid-block crossing. A signage plan indicating the location and content of said signs shall be reviewed and approved by the Planning Director prior to approval of the appropriate final ~B~ Map, as determined by the Planning Director and City Engineer. 119. The Applicant shall secure approval of a Master Precise Plan for the Village One and Village Five Core Areas, prior to submitting any development proposals for commercial, multi-family and Community Purpose Facility areas within the SPA One Village Cores. SCHEDULE "1" 120. Pursuant to the provisions of the Growth Management Ordinance (Section 19.09 of the CVMC) and the Otay Ranch General Development Plan (GDP), the Applicant shall complete the following: (1) Fund the preparation of an annual report monitoring the development of the community of Otay Ranch. The annual monitoring report will analyze the supply of, and demand for, public facilities and services governed by the threshold standards. An annual review shall commence following the first fiscal year in which residential occupancy occurs and is to be completed during the second quarter of the following fiscal year. The annual report shall adhere to those guidelines noted on page 353, Section D of the GDP/SRP; and (2) Prepare a five year development phasing forecast identifying targeted submittal dates for future discretionary applications (SPAs and tentative maps), projected construction dates, corresponding public facility needs per the adopted threshold standards, and identifying financing options for necessary facilities. 121. The owners of each Village shall be responsible for retaining a project manager to coordinate the processing of discretionary permit applications originating from the private sector and submitted to the City of Chula Vista. The project manager shall establish a formal submittal package required of each developer to ensure a high standard of design and to ensure consistency with standards and policies identified in the adopted SPA Plan. The project manager shall have a well rounded educational background and experience, including but not limited to land use planning and architecture. 122. The applicant shall submit copies of any proposed C.C. and R's for review and approval by the Director of Planning and the City Engineer prior to approval of each final ~B~ Map. 123. Fully accessible handicap access shall be provided at the ends of the following cul-de-sacs: Artesia Street, Glendora Court, Calistoga Avenue, Monte Sereno Avenue, Antioch Avenue, Coalinga Court, Westmoreland Street, Cordelia Street, Iowa Hill Court, Live Oak Street, Marion Court, Lodi Court, Larkspur Court, Santa Lucia Road, Parker Mountain Road, Geyserville Street, Escalon Court, Sheep Ranch, Meeks Bay Drive, Harrills Mill Avenue and Volcano Creek Road. Access via stairs shall be provided at the ends of the following cul-de-sacs: Stanislaus Drive, Amador Street, Woodsford Court, Lockeport Court, Clovis Court, Millbrae Court, Mayfield Court, Cache Creek Road, Jedediah Road, Kingsburg Avenue, and Lassen Peak Street 124. The CPF-2 site located within Village One, shall be considered a floating designation and shall be located in Neighborhood R-15. Project design for this site will be submitted, reviewed and SCHEDULE "1" approved by the Director of Planning concurrently with the Precise Plan for this area. 125. If developer desires to do certain work on the property after approval of the tentative map but prior to recordation of the applicable final "B~ Map, they may do so by obtaining the required approvals and permits from the City. The permits can be approved or denied by the City in accordance with the City's Municipal Code, regulations and policies. Said permits do not constitute a guarantee that subsequent submittals (i.e., final "B~ Map and improvement plans) will be approved. All work performed by the developer prior to approval of the applicable "B~ Map shall be at developer's own risk. Prior to permit issuance, the developer shall acknowledge in writing that subsequent submittals (i.e., final "B~ Map and improvement plans) may require extensive changes, at developers cost, to work done under such early permit. The developer shall post a bond or other security acceptable to the City in an amount determined by the City to guarantee the rehabilitation of the land if the applicable final "B~ Map does not record. PH~SIN~ 126. If the applicant modifies the SPA One approved phasing plan, the applicant shall submit to the City a revised phasing for review and approval prior to approval of the first final "B~ Map. The PFFP shall be revised where necessary to reflect the revised phasing plan 127. If phasing is proposed within an individual map or through multiple final maps, the developer shall submit and obtain approval for a development phasing plan by the City Engineer and Director of Planning prior to approval of any final map. Improvements, facilities and dedications to be provided with each phase or unit of development shall be as determined by the City Engineer and Director of Planning. The City reserves the right to require said improvements, facilities and/or dedications as necessary to provide adequate circulation and to meet the requirements of police and fire departments. The City Engineer and Planning Director may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such a revision. 128. The Public Facilities Finance Plan or revisions hereto shall be adhered to for the SPA and tentative map with improvements installed in accordance with said plan or as required to meet threshold standards adopted by the City of Chula Vista. The PFFP identifies a facility phasing plan based upon a set of assumptions concerning the location and rate of development within and outside of the project area. Throughout the build-out of SPA One, actual development may differ from the assumptions contained in the PFFP (i.e., the development of EastLake III). Neither the PFFP nor any other SPA One document grant the Applicant an entitlement to develop as assumed in the PFFP, or limit the SPA One's facility SCHEDULE "1" /j,.> improvement requirements to those identified in the PFFP. Compliance with the City of Chula Vista threshold standards, based on actual development patterns and updated forecasts in reliance on changing entitlements and market conditions, shall govern SPA One development patterns and the facility improvement requirements to serve such development. In addition, the sequence in which improvements are constructed shall correspond to any future Eastern Chula Vista Transportation Phasing Plan or amendment to the Growth Management Program and Ordinance adopted by the City. The City Engineer may modify the sequence of improvement construction should conditions change to warrant such a revision. Concurrent with the approval of the first final map approved after the PFFP for the EastLake III GDP Area, the Applicant shall update, at the Applicant's expense and subject to a Reimbursement Agreement, the SPA 1 PFFP and agrees that the City Engineer may change the timing of construction of the public facilities, including without limitation, the nature, sizing, extent and timing for the construction of public facilities caused by SPA One, shall become a condition for all subsequent SPA One entitlements, including tentative and final maps. CODE REQUIREMENTS 129. Comply with all applicable sections of the Chula Vista Municipal Code. Preparation of the Final Map and all plans shall be in accordance with the provisions of the Subdivision Map Act and the City of Chula Vista Subdivision Ordinance and Subdivision Manual. 130. Underground all utilities within the subdivision in accordance with Municipal Code requirements. 131. Pay the following fees in accordance with the City Code and Council Policy: a. The Transportation and Public Facilities Development Impact Fees. b. Signal Participation Fees. c. All applicable sewer fees, including but not limited to sewer connection fees. d. Interim SR-125 impact fee. e. Telegraph Canyon Sewer Basin DIF. f. Poggi Canyon Sewer Basin DIF as may be adopted by the City in the future. g. Telegraph Canyon Basin Drainage DIF. SCHEDULE "1" h. Reimbursement District for Telegraph Canyon Road Phase 2 Undergrounding. i. Otay Ranch Reserve Fund fee. Pay the amount of said fees in effect at the time of issuance of building permits. 132. 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. 133. Ensure that prospective purchasers sign a "Notice of Special Taxes and Assessments" pursuant to Municipal Code Section 5.46.020 regarding projected taxes and assessments. Submit disclosure form for approval by the City Engineer prior to Final Map approval. 134. Comply with Council Policy No. 570-03 if pump stations for sewer purposes are proposed. 135. Comply with Council Policy No. 522-02 regarding maintenance of natural channels within open spaces. 136. The applicant shall comply with all aspects of the City of Chula Vista Landscape Manual. 137. The Applicant shall comply with Chapter 19.09 of the Chula Vista Municipal Code (Growth Management) as may be amended from time to time by the City. Said chapter includes but is not limited to: threshold standards (19.09.04), public facilities finance plan implementation (19.09.090), and public facilities finance plan amendment procedures (19.09.100). The applicant acknowledges that the City is presently in the process of amending its Growth Management Ordinance to add a proposed Section 19.09.105, to establish provisions necessary to ensure compliance with adopted threshold standards (particularly traffic) prior to construction of State Route 125. Said provisions will require the demonstration, to the satisfaction of the City Engineer, of sufficient street system capacity to accommodate a proposed development as a prerequisite to final map approval for that development, and the applicant hereby agrees to comply with adopted amendments to the Growth Management Ordinance. 138. Upon submittal of building plans for small lot single family (5,000 square feet or less as defined in the City of Chula Vista Design Manual) residential development, plans shall clearly indicate that 750 square feet of private open space will be provided. SCHEDULE "1" 139. The applicant shall apply for and receive a take permit from the appropriate resource agencies or comply with an approved MSCP or other equivalent 10(a) permit applicable to the property. 140. All proposed development shall be consistent with the Otay Ranch SPA One Planned Community District Regulations. GUARDED ~RF~S 141. The following locations as proposed by the applicant are authorized for guarded entrances: Santa Ynez Avenue and Santa Lucia Road in Village One, including the multi-family neighborhoods R-20 and R-21; Santa Rosa Drive and Santa Paula Drive in Village Five. Emergency access locations are authorized at Morgan Hill Drive between R-10 and R-il in Village One, and Bouquet Canyon Road between R-24 and R-25 in Village Five. 142. Guarded entrances shall not have physical barriers and shall be staffed from dusk until dawn. 143. Parks located within guarded areas shall not receive park credit. 144. All streets within guarded areas shall be designated as private. Design of said streets shall meet the City standards for public streets unless otherwise approved by the City Engineer. Private street cross sections shall conform to those shown on the Tentative Map. 145. All private streets shall be included in separate lots. The applicant shall provide a certificate granting to the City a public utility easement over the entire private street lots on the appropriate Final ~B~ Map. 146. Guarded entrances shall: a. Require approval by the City Engineer and the Planning Director. b. Provide sufficient room on the private roadway to queue without interrupting traffic on public streets. c. Provide a turn around. The size and location of said turn around shall be approved by the City Engineer. d. Provide a clearly delineated border between public and private streets through the use of distinctive pavements. e. Provide a dedicated parking space for the gate attendant. f. Be equipped with a video camera to record entering and exiting vehicles. SCHEDULE "1" 147. The CC&R's shall prohibit ~speed bumps" on private streets. The CC&R's shall also include language which states that any proposal by the HOA to delete staffing or to allow_~speed bumps" in the future shall require prior written approval of 100% of all the Homeowner's Association members. 148. Physical barriers shall be prohibited at the entrances to guarded areas unless specifically approved by City Council. 149. Emergency entrances shall be provided with mechanical gates and an ~Opticom" system, or some other automated system with backup and/or fail safe features acceptable to the Police and Fire Chief. 150. Prior to approval of any ~B" Map proposing private streets, the applicant shall initiate and complete the process enabling the City to enforce the California Vehicle Code on said private streets. 151. The MHOA shall be responsible for the maintenance and operation of all facilities within the common areas and streets behind the guarded entrance. The facilities to be maintained include, but are not limited to, pavements, sidewalks, street trees, street lights including energy, street sweeping, private drainage facilities and landscaping of private common areas. The only facilities to be maintained by the City are mainline sewers and public concrete drainage facilities (i.e., pipes and catch basins). 152. Future property owners shall 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. SCHEDULE "1" ATTACHMENT 1 EXCERPT OF MINUTES OF A REGULAR 1~ [~:~':'IING OF '1'~ ~I1T CO~ OF 1'~ C~ OF c~A ~A T~y, Nove~ 19, 1996 Co.cfi Chambers 6:10 p.m. ~b~c Semites B~g (11/19/96) 11. A. ~SOL~ON 1~16 ~PRO~G A ~SO~CE CO~ AG~E~ FOR T~ OTAY ~ ~A O~, ~CT ~ - ~ ~ a re~ ~em. bm d~ n~ reoffire a nub~c h~ing) (11/19/96) B. ~SOL~ON 1~]7 ~PRO~G ~ ~CA~ON AGR~:~;~ WII~ ~J&GE D~P~ ~R ~CT ' oublic h~ (11/19/96) C. ~ PCS ~: CONiStON OF A ~ ~A~ ~D~ON ~ FOR '1~ OTAY SOUTH OF TEl ,FG~ C~ON RO~ BEI'WEEN ~-~ ~G~ ~ ~CL~G ~8 A~S ~ ~SOR P~C~ ~ (~ ~06~11 ~ A POR~ON OF r~ ~ ~1 ~ ~e F~ for Village ~ ~d P~e 1-A of Vffiage Five of ac~r~ wi~ ~e ~ndings ~ ~bj~t m ~ ~n~fiom ~m~ed m ~e ~ resolution. S~ r~mm~d~ ~rov~ of ~e ~sol~om. (~y Rannh M~geO ~ued ~m ~e m~ of 11/~/~. (11/19/9~ D. ~ ~G :r~ ~CO~ ~D~ TO ~ C~'~'~G ~ ~O~ ~ACT ~ORT g'~ ~D~ ~O~G '1~ ~A'~ OF O~G CON~ONS ~ '1'~ ~TIGA~ON MO~G ~ ~R~G PROG~ FOR '1'~ Fm ~ ~O~G A ~ ~A~ ~D~ON ~ ~R POR~ONS OF '1~ OTAY ~C~ ~A O~, C~A ~TA ~CT CONT~G ~A~ ~A~ ~ PROPOS~ (11/19/96) Je~ J~, ~y ~h Spec~ ~ojem M~ger, gave a presentation re~g ~e Omy ~h ~velopm~t. ~qm~ ~ ~ed why w~ Section 7.1 of~e a~eemem ~g~ not r~en~ f~ ~ o~er ~velo~r. ~ M~re, Ac~ Ci~ AUomey, s~d ~t mn~fion of ~ ~velopmem a~m w~ fled m ~e con,flora of ~e mn~five map approve, s~h ~ Con~fion 108, w~ch wor~ ~d ~ ~d ~ one ~o~er. Bon~g ~ req~ed wh~ ~ ~provem~nm ~e ~ggered by ~e P~P. ~. J~s~ sm~ ~e ~provement p~mg sched~e re,ed m ~ subm~ w~ iden~ ~ of ~e bac~o~ ratifies, ~d befm ~e Ci~ ~er a~roves ~e ~ ~ B ~p, ~ mn~fion w~ i~ ~ ~e re~ back~ne facilities, ~ well ~ a pl~ for ~vey~ of ~ose lo~ to a ~emt pr~ omr. ~ ~er ~B for ~e backbone f~s o~ when ~e ~ B ~p ~ re~d. / EXCERPT OFMINUTES OF A RF_~ULAR IV[EETING OF 'I'H/5 cr'l~' COUNCEL November 19, !996 Page 2 Jokn Lippitt, Director of Public Works, gave an example of EastI2ke Gr~-'us, that they ca.m~ in with an overall A m~ for the bacldxme streets and some of the backbone fa~iiles. They were required to bond for those streets w~lhln their facilities and were required to provide some off-site improvements. The City would have the right to withhold building permits ff they weren't done, and it was to conform with our level of service ordinance and the growth mana~oment orrli~anne. Those wouldn't have to be bonded undi such tune as they were app,uaehi~g those thresholds. Mayor Horton didn'I believe there was ever an effort to have the primary land owners or developers sell at a particular stage, and as to what is currently being proposed, there was never a raovem,.,'at to do that with Eastlake or Ranzho del Rey, so it may not apply in this situation. She stated the concern was addrressed in the report when it talked aborn the different stages; however, it is her understanding that staff incorporated the protections th~ the facilities will be built. Ms. Moore said Section 7.1 shifts the bond requirement to the master buildnr, that they will be responsible for all the bant'hone facilities regardless of the merchant builder. There would be a ,umber of issues and concerto ff we were to require mernham builders coming in with small projects to build or con.m-am major bacldmne facilities. Section 7.1 pros it back to the ma~er builder for their respousibility, and it is her und..,'Islantting that b~rling for the backbone facil/ties has occurred at the A map stage. In th~ case, it's being done at the B map stage, except for two improvements that are listed in Condition 108. Coun~ilmember Moot asked ff the inerehant builders would provide the bonrti~g or would 'VSlla~e Development obtain the bonding before the City allows a sale to the merchant builders. Mr. Jamri~:ka 8aid there were four basic items that needed to be bonded prior to the first phase of the backbone facilkies, and it is anticipated it will be the reClulremem of the ma~ter bulldea'~. All subseqnmlt bar t'hone facilities will probably fall upon the burden of either the master builder and/or the merehara builders. Colmgilmember parlilla didn't think there was a disimcfion there and as far as breaking down ~ the obligation level would be at the guest builder level. You either have a complete obligation to guarantee 100 pement of the backbone facilkies at the A m? stage or you have 100 percent transfer or relief of that obligation to the sacceasors in imerest. Ms. Moore said the bonding is the safest guarantee the City ran have, and having the bonding at the A map stage is a more secure position for the City than doing it at later stages. Mr. Lippitt said it was staffs opinion as long as there was a condition in there, they can't do any B maps or any developments because this has to be resolved. It is a shift in time, but not a shift in developnm~ staging between Maps A and B. Councilmember Rindone said if we change the me sequence of this and there is some question of responsibility that when a merchan~ builders comes in and cannot afford that, the rna~t~r bulld~ drx:so't have the responsibility. He did not hear the assurance that the City increased its protection, because the mere_banT builders will not have the resources the ma~ter builders would have. Mayor Horton said it was her understanding from the staff report that it is the sole responsibility of Otay Ranch Ltd., or its successors in interest, to provide or finance the cost of the backbone facilities required in any final map. including both A and B maps. Ms. Moore said it was correct and what staff could do to clarify it would be to insert specific lang-aage in Section 7.1 that states they ~hall provide the bonding. EXCERPT OFMLh'IvWES OF A REGULAR MEETING OF TI:I~ crrY COUNCIL November 19, 1996 Pag~ 3 Coon~-51member padilla asked what were some of the potential issues if the City allowed the bonding to be at the B m? stage, a.s oppo~e.d to the A map stage. Ms. Moore said if yon require the bonding at the A map stage, you have the bonding up from. If something were to happen m the masmr builder, we would have the bonding m go after in order to consu'uct the improvements. If we wail. ~mtll later ~ages, even though there is that provision in the agreement thru deals with its successors in interest, there is always the potential that we might not be able to get the ma~ter builder to actually construct the backbone facilities, and we won't have bonding at that point because it was done at a later stage in development. We would thru try to go to tee merchant builder, wblch would be difficult to have the merchant builder atonally construct major backbone faclliiles. Cou~ilmember Alevy said in reading the minutes of the Planning Commission, Councilmember~eleet Mary Sala~ expressed the specif~ concerns thai the rna~'ter builder is forever obligated to do the backbone infrastraemre should they not survive Ii,holders to become obl/gamil to the bankhOl~ infrasllllclllre, etc. and the liming is the issu~ we're tnlking about, but the reality is that the ma~ter builder is required to be able m bond to do that Coun~.'u2member !~inaane said the requirements of funding the backbone facilities is a greater risk. In order to uy to compensate fl~t mk. we've put other safeguards in the agreemem. Council has the respous~ility to ensure that the backbone facilities am built. He did not see why the old rules were changed, because they worked well and provided adequam safeguards. He said the bottom tine is that with the size of the Or,ay Ranch and the projected buildout, we don'T have the assm'anee from the very front that the backbone infrasumctures are in place, and it wit/set the wrong tone for this develup.,~m If we had required the bonding at the very beginning aS done in the past, we wouldn't have to come up with all of these conditions. Ms. Moore said ac. cording to the development agreement, ff language is added to specifically deal with bonding, it would requke Vill~e~ Development, and ~ successors in interest, to provide the bon~tlng. There is also a provision /n the agreement that mlk~ about subordination so it requires the lenders to sul)orrlinate lo the d~'alopnlenI agreement. It is not the same aS having the bonding up front, but there is a provision that holds Village Development to provide the facility and the bond. Councilmember parlilta said thine issue presented itself at the request of Village Development. There is a reason economically why ~ want to be able to sell off parcels without making the guarantees up froul on this size of a SPA or at the A Map su~,,e, but the question is whether that is whm Council wants. Tiao question here is this was changed at the request of the applicant, there are reasons for that and the question for Council is whether or not when we get to the development agreement and we look at the tentative maps, whether we will be satisfied, and we have enough comfort with this level of a guarantee. There is no question that the manner i,n which staff is recommending is less security to the City than if we required the bends at the A map stage. ·Kim K'ilkt~-nny, 11975 El Camino Real, ~ Diego, CA., representing Village Developments, stated that City staff and 'v~llage Develup.ment staff pul a lot of time to ensure the problems that occurred in St. Claire are not experienced in Otay Ranch. Village Development is seeking to provide security consistent with the PI~'PF, and that is when a phase of development requkes an improvement in order to serve tha~ phase, then adequate security has to be provided. The development agreement states that Village Development is the entity responsible. As a general nde when you have a temafive map approved, and that's what Village Development is seeking in this hearing, there is not an obligation in Snare law or Coancil policy that an applicant follow-up a tentative map approval with an A map. What is different about this project i~ through the development agreement came a proposal from staff that Village Development be required to do an A m? on the whole of the SPA, village by village. If you look at the conditions of approval, they have to be bonded a~ the twice their estimate, which is $100 million. If Coullcl~ were to pursue the common practice of allowing Village Developments to do A maps on a lesser area, Village Developments would be willing to provide the security on the amprOvements associated with that lesser area. If they ilo an A map on the whole of the village EXCERPT OF MZN"Ui'£S OF A REGULAR IVI~E'I1NG OF THE crrY COUNCIL November 19, 1996 Page 4 or aa A map on the whole of the SPA, then the bonding security requirements becomes burdensome because the tema~ve map is so large. If you look at the whole of development agreement m conjunction with the tentative map requirements, the City is assured that facilities will be built ia a timely manner, the St. Claire experience will not re-occur, and the cost of the facilities will be equitably shared amongst all benefiting properties in the project. Coum'ihaember Rindone asked ff staff comidered Mr. Kilkeony's suggestion of the A map for a small portion of the proje,.'n to ensure the backbone facilities were pan of the A map. Councilmember Moot stated staff's proposal was a better guar~tee for the City. Mr. Lippitt replied i~ was correct. Staff tried to come up with a mechanism that would meet the developer's needs and also assure the City's compliances. R/chard Rosaler, Se~or Planner, continued staffs presentation regarding the Otay Ranch project. This being the time and place as advertised, the public hearing was declared open. · William Lieberman. 852 Black'wood Road, Chula Vista, CA, Director of Planning and Operations with the Metropolitan Traasix Development Board, supported the project. He expressed concerns relating to guarded entries and densities in the villages. · Rick Willlam% 3130 Bonit~ Road, Chula Vista, with Point Builders, spoke on belmlf of We~ Coast Land owner of the 288-a~e parcel spanning Villages 1 and 5. West Coast supports star:frs recommenetation, althougll they would like to perhaps build the concept to defer any approvals ia Village 5 ~mtll the City, West Coast, and Village Development have an oppommity to meet and explore issues. · Klm Kilkenny, representing Village Development, supported staff's recommendation with the exception of modifying a portion of the tentative map in Village 5 to encompass all of their ownership in Village 5, with the exception of two specific parcels. * * * Cmmcilmember parlilla left the dais at 11:11 p.m. * * * · Kent Dayden, 11975 E1 Camino Re~d, Sim Diego, CA, representing Village Developments, gave a presentation regarding Omy Ramh and referred to the report by Village Development. Mr. K,~lrenny conclmted with the issue of the scope of the teatafive m?. He indicated Village Development supports staff recommendation with the single modification that the scope of the tentative map should include Vffiage Developments ownemlxip in Village 5, except for two parcels that immediately abut West Coast property which is Parcel R-29 and Parcel P-3. West Coast has previously indicated they would like to flip a school or park onto our ownemhip. The portion of the property in R-29 and ?-3 which should be excluded from the map is approximately 10 to 15 acres, an ample size to flip those kinds of nses, not that they are accepting or advocating that, but at least it provides the possbility. There being no further speakers, the public hearing was closed. Com~:ilmember Moot expressed concern of the practiaal effects of delaying the bonding until the B map level. He asked what assurances were in place that the backbone infrastructures would be constxucted. Mr. [nkemay answered that the development agreement col~tain~ a statement that until released by the City Council, Village Developm~at is obligated to provide for the backbone infrastructure. The development agreement also EXCERPT OF MINIYFES OF A REGULAR M~ETING OF THE C1Ti' COUNCIL November 19, 1996 P~e 5 requires the provision of a subordination agreement by the lender on the property in the evea~ they take title to the property, they are bound by the provisions of the development agreement, iuctnaing the backbone provision. There are a couple of levels of assurances in this project. The City of C'hula Vista has a very aggressive developmem impure fee program and each building permit that goes through the process has to pay for those development impact fees for a whole array of facilities, and the City will constantly have the :flow of revenue to make sure each individual parcel pays for its fair share of the facilities. What both the develoioa~.-'nt agreeme~ and tanmtive rn~ have are requirements thai security be in place through bonding, but there are other mechanisms to ensure completion of the facility in a timely manner. CounzLlmember Aiev3, asked why the project did not include .speed bumps, became it was different from the policy Council enacted in recent months. Mr. Jammlca explainexl the speed bumps were not provided in response to requests by the Fire Chief and Chief of Police who felt any impediment to the traffic flow would hindeu' their quick response. Coun~ilmember Ak, w3, aqke~t staff to address the impact of MSCP on a County-wide basis on this particular project, and whaI are the impacts of Proposition 218 on this project. Mr. Ligpiu said one impact would be if we had the open space district to maintain the open space around the village. If there are gated communities, ever~hin5 private within the gated community would be maintained by the homeowners' association, and it would not be regulated at all by Proposition 218. For the portion probably along the slopes of Telegraph Canyon Road and Orange Avenue with issues such as drainage, those could be and probably would fall under the provisions of Proposition 218 which means the initial hearing would be set up before people moved in. If the people had already moved into the project before the assessmonts, there would have to be a vote. Counziimember Moot expressed concern about guarded commanifies. He did not favor staff's recommendation and doesm't see the big difference whether it has a gate or guard, because the couc~pt ~s still the same. He could not see valid reasons to restrict any citizen in the City of Chula Vista from driving in and around this particular area. Commq. lmember Rind~ne was concerned that guarded or gated commuulties sends the inappropriaxe message of what this project was or/~nally conceived to be. When you have artificial barriers and even the insinuation of those barners, even if they are guards that are not there danng the day, it creates a difference sense of ambiance. We want to have the presence this is a good commuulty and all parts have good protection and safety, not just those who can afford to be in the single-family or higher residential facility. He did not favor guarded eomm~mifies in may form. Mayor Horton indicated that gated communities were common, and there were two areas in Rancho del Rey which Council did not oppose. There are mobile home parks behind gates, because it is the lifestyle the particular mobile home parks wanted. She doesn't think it is exclusive; it is a choice and marketing tool for this project. Couneilmember Alex3, referred to am article 'The Next Eden,' from California Lawyer ma~ine that talked aborn the benefr~s of having gated commmfies. Earlier this evening Council spoke at length regarding section 7.1 of the development agreement and the backbone infrastructures, and it was clear that Council did not want to create a situation hi this development that was not required of other developmants. He indicated we need to turn that around with respect to gates, bemuse we have allowed gates hi other parts of the City. We have private single-family resicL'mee developments with gates in both E~stiake and Rancho Del Rey, and he stated Council should be consistent. If we are going to hold Rancho del Rey and Eastiake to the same requirements on other issues as Village Development, then we should be consistent and do the same with giving them the opportunity from a marketing stand~r~oint I0 allow guarded portions of their development. EXCERPT OF MINU lies OF A REGULAR MY~.;TING OF I'H/~ Ul'l'k' COUNCIL November 19, 1996 Page 6 MSC (Horton/Alevy) to allow gate closures from dusk to dawn, failed 2-2-1 with Moot and Rindone opposed and padilla absent. (11/19/96) MSC (Alevy/Horton) to allow some facilities guarded from dusk to dawn, approved 3-14, with Rindone opposed and Padilla absent. (11/19/96) RESOLUTIONS 18416, 18417 AND 18398 Olqq~RED ]BY COUNCILMEMBER RINDONE, with the exception of raking the issue of the bonding separate which is Item 12, approved 4-0-1 with Padilla absent. (11/19/96) 12. PUBLIC Ir[EARING ADOPTING OTAY RANCH PRE-ANNEXATION DEVELOPMENT AGR ~;~;M]~NT W£1'It VIIJ.AGE DEVELOP~r ~ An am.-nrtmenI m the development agreement to further gl.l~'anl'ee illfrastrllglllre improvements where the developer wants to create parcels for sale prior to fi,nali'~ing the final subdivisioll map. The amt~ndm~rnt also address~ flllllre problems with regard to any debt payment that might be levied m make public improvements or should develo_v~mI be only partially completed on any particular project due to any sloppage of work especially due to a banlcmptcy action. Staff recommends Council place the orclinanee on first rea~llng. (Depmy City Manager, plarming Director, and Otay Ranch Manager) Continued from the meeling of 11/12196. (11/19/96) D~,.l~,~ll~a~.~ AMENDING OTAY RANCH PRE-ANNEXATION DEVEI.OPM2ENT AGR~:~:MENT BI~'I'vI'~:~:N OTAY RANCtt, L.l?., A C.tI.I~'ORNIA LIMITED PARTNER.si:III', VII J.AGE DEVELOP1VIENT, A CALIFORNIA GENEPcAL PARTNERSHIP, AND 1'1:1~ CITY OF CHULA VISTA (.FalliLr..e&fl.~ (11/19/96) ORDINANCE 2691 Ol~l~tl~'~ BY COUNCILM]EMBER MOOT, including adding the bonding language to section 7.1, approved 3-1-1 with Rindone opposed and PadiIla absent. (11/19/96) (2> Attachment 2 TI-~S PAGE BLA_'N-K o, Attachment 3 Statemem of disclosure of certain ownership interests, payments, or campaign contn'bution_% on al] matter~ which w~] require discretionary action on the part of the City Counz%q, Planning Comm!~sion, and all other offizial b~dies. The following information must be disclosed: 1. L/st the names of all persom having a finanzial interest in the enntract, Lc, contractor, sub~mractor, material supplier. or. ay Pro~e~t, LLC Otay R~nch DevelEopment, LLC South Bay ProDect, LLC 2. If any person identified pursuant to (1) above is'a c~rporaficm or parmership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any parme~hip interest in the partnership. James P. Ba~6win David Green A,_~red E. Baldwin Earo~d BeraF.' Deanne Baldwin 3. If any person identified pursuant to (1) above/s non-profit orga.n~-fon or a trust, list the names of any person serving as director of the non-profit orga~fon or as trustee or beneficiary or tr~or of the trot. James P. Ba~k]win David Green Akfred E. Ba~w~n Harold Bera,¢ Deanne Baldwin 4. Have you had more than $250 worth of business transacted with any member of the City staff. Boards, Commk~ions, Committees and Counu] within the past twelve month~? Yes. No x If yes, please indicate person(s): 5. Please identify each and every person, including any agents, employees, consultants or indetmndent contra~ors who you have assigned to represent you before the City in tM_~ matter. Kent Aden Ranie Hunter Kim Kilkenny David ~ammar Rob Cameron 6. Have you and/or your offic=rs or agcnts, in thc aggregate, contn'buted more than $/,000 to a Coundlmember in the current or preceding election 'period? Yes .. No. x If yes, state ~vhich Counc. tlm=mber(s): Per,on is dc/mcd as: '.Anyindividual, firm, co-parmer~htp, jotnt venture, assoctatton, $ocml dub, fraternal organization, cor~rntion, esttut; truxt, rectA,er, z)qadicatg this and an), other count); ciO, and country, cio; munkiflalio; distrlcl or other political subdA,ision, or otO, other group or combination acting tm a unit.' (NOTE: Attach additional pages as necagaaw) ]~l~ ~_/~[~ I Dnle: May 28, 1998 contractor/applicant Print or %,pe name of contractor/applicant 1-\-I 13. X:DISCLOSE.TX'TJ [R~'m~: ! 1 ¢ THIS P~GB BLA_~-K Recording Requested by and Please Return to: Attachment 4 City Clerk City of Chula Vista P.O. Box 1087 Chula Vista, CA 91912 This Instrument Benef'rts City Only. No fee is required. This Space for Recorder's Use Only APN(s) 642-071-07 C.V. File No. OR-106F IRREVOCABLE OFFER OF DEDICATION OF FEE INTEREST FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, OTAY PROJECT, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY represents that, as the owner(s) of herein-described real property, (in the case of multiple owner~, collectively referred to as "GrantoF~, hereby make(s) an Irrevocable Offer of Dedication of fee interest, pursuant to Section 7050 of the Government Code of the State of California, to THE CITY OF CHULA VISTA, A MUNICIPAL CORPORATION, the hereinafter described real property for the following public purpose: PUBLIC STREET AND OTHER PUBLIC PURPOSES. The real property referred to above is situated in the City of Chula Vista, County of San Diego, State of California and is more particularly described as follows: THAT PORTION OF PASEO RANCHERO, IRREVOCABLY OFFERED FOR DEDICATION TO THE CITY OF CHULA VISTA WITHIN LOT 7 OF CHULA VISTA TRACT NO. 96-04, OTAY RANCH, VILLAGE 1 "A" MAP NO. 1, PER MAP NO. RECORDED ON , 1998, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. (TO BE FILLED IN AT TIME OF RECORDATION.) (Contains 4.499 Acres, more or less) This Offer of Dedication is made pursuant to Section 7050 of Government Code of the State of Califomia and may be accepted at any time by the City of Chuta Vista. This Offer of Dedication of fee interest shall be irrevocable and shall be binding on the Grantor, its heirs, executors, administrators, successors and assigns. PAGE 1 OF 2 SIGNATURE PAGE Signed this ~%----- dayof J L~N'~I~- , 19 ~::) Grantor Signatures: By: Otay Ranch Development, LLC, a Delaware Kent Aden, ice President (Notary Acknowledgement Required for Each Signatory) This is to certify that the interest in real property offered herein to the City of Chula Vista, a governmental agency, is hereby acknowledged by the undersigned, City Clerk, on behalf of the Chula Vista City Council pursuant to authority conferred by Resolution No. 15645 of the Chula Vista City Council adopted on June 5, 1990, and the grantee(s) consent(s) to the recordation thereof by its duly authorized officer. BEVERLY A. AUTHELET CITY CLERK By: Dated: PAGE 2 OF 2 Recording Requested by and Please Return to: City Clerk City of Chula Vista P.O. Box 1087 Chula Vista, CA 91912 This Instrument Benefits City Only. No fee is required. This Space for Recorder's Use Only APN(s) 642-071-07 C.V. File No. OR-106F IRREVOCABLE OFFER OF DEDICATION OF FEE INTEREST FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, OTAY PROJECT, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY represents that, as the owner(s) of herein-described real property, (in the case of multiple owners, collectively referred to as "GrentoK~, hereby make(s) an Irrevocable Offer of Dedication of fee interest, pursuant to Section 7050 of the Government Code of the State of California, to THE CITY OF CHULA VISTA, A MUNICIPAL CORPORATION, the hereinafter described real property for the following public purpose: PUBLIC STREET AND OTHER PUBLIC PURPOSES. The real property referred to above is situated in the City of Chula Vista, County of San Diego, State of California and is more particularly described as follows: THAT PORTION OF OLYMPIC PARKWAY, IRREVOCABLY OFFERED FOR DEDICATION TO THE CITY OF CHULA VISTA WITHIN LOT 7 OF CHULA VISTA TRACT NO. 96-04, OTAY RANCH, VILLAGE 1 "A" MAP NO. 1, PER MAP NO. RECORDED ON , 1998, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. (TO BE FILLED IN AT TIME OF RECORDATION.) (Contains ?5.284 Acres, more or less) This Offer of Dedication is made pursuant to Section 7050 of Govemment Code of the State of Califomia and may be accepted at any time by the City of Chula Vista. This Offer of Dedication of fee interest shall be irrevocable and shall be binding on the Grantor, its heirs, executors, administrators, successors and assigns. ' PAGE 1 OF 2 SIGNATURE PAGE Signed this C:~hu~ dayof ( IU/~----'~ Grantor Signatures: By: Otay Ranch Development, LLC, a Delaware Kent Ad'en,%/ice~PCeside nt' (Notary Acknowledgement Required for Each Signatory) This is to certify that the interest in real property offered herein to the City of Chula Vista, a governmental agency, is hereby acknowledged by the undersigned, City Clerk, on behalf of the Chula Vista City Council pursuant to authority conferred by Resolution No. 15645 of the Chula Vista City Council adopted on June 5, 1990, and the grantee(s) consent(s) to the recordation thereof by its duly authorized officer. BEVERLY A. AUTHELET CITY CLERK By: Dated: PAGE 2 OF 2 Recording Requested by and Please Return to: City Clerk City of Chula Vista P.O. Box 1087 Chula Vista, CA 91912 This Instrument Benefits City Only. No fee is required. This Space for Recorder's Use Only APN(s). 642-071-07 C.V. File No. OR-106F IRREVOCABLE OFFER OF DEDICATION OF FEE INTEREST FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, OTAY PROJECT, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY represents that, as the owner(s) of herein-described real property, (in the case of multiple owners, collectively referred to as "Grantor'J, hereby make(s) an Irrevocable Offer of Dedication of fee interest, pursuant to Section 7050 of the Government Code of the State of California, to THE CITY OF CHULA VISTA, A MUNICIPAL CORPORATION, the hereinafter described real property for the following public purpose: OPEN SPACE AND OTHER PUBLIC PURPOSES. The real property referred to above is situated in the City of Chula Vista, County of San Diego, State of California and is more particularly described as follows: LOT "A" OF CHULA VISTA TRACT NO. 96-04, OTAY RANCH, VILLA6E 1 "A" MAP NO. 1, PER MAP NO. RECORDED ON ,1998, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. (TO BE FILLED IN AT TIME OF RECORDATION.) (Contains f.383 Acres, more or less) This Offer of Dedication is made pursuant to Section 7050 of Government Code of the State of California and may be accepted at any time by the City of Chula Vista. This Offer of Dedication of fee interest shall be irrevocable and shall be binding on the Grantor, its heirs, executors, administrators, successors and assigns. PAGE 1 OF 2 SIGNATURE PAGE Grantor Signatures: By: Otay Ranc~ L%:ve!opment, LLC, a DeJaware Kent'Aden, Vice President (Notary Acknowledgement Required for Each Signatory) This is to certify that the interest in real property offered herein to the City of Chula Vista, a governmental agency, is hereby acknowledged by the undersigned, City Clerk, on behalf of the Chula Vista City Council pursuant to authority conferred by Resolution No. 15645 of the Chula Vista City Council adopted on June 5, 1990, and the grantee(s) consent(s) to the recordation thereof by its duly authorfzed officer. BEVERLY A. AUTHELET CITY CLERK By: Dated: County will record front and back (2sided) documents PAGE 2 OF 2 / Recording Requested by and Please Return to: City Clerk City of Chuta Vista P.O. Box 1087 Chula Vista, CA 91912 This Instrument Benefits City Only. No fee is required. T~is Space for Recorder's Use Only APN(s) 642-071-07 C.V. File No. OR-106F IRREVOCABLE OFFER OF DEDICATION OF FEE INTEREST FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, OTAY PROJECT, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY represents that, as the owner(s) of herein-described real property, (in the case of multiple owners, collectively referred to as "Grantor'J, hereby make(s) an Irrevocable Offer of Dedication of fee interest, pursuant to Section 7050 of the Government Code of the State of California, to THE CITY OF CHULA VISTA, A MUNICIPAL CORPORATION, the hereinafter described real property for the following public purpose: OPEN SPACE AND OTHER PUBLIC PURPOSES. The real property referred to above is situated in the City of Chula Vista, County of San Diego, State of California and is more particularly described as follows: LOT "B" OF CHULA VISTA TRACT NO. 96-04, OTAY RANCH, VILLAGE 1 "A" MAP NO.1, PER MAP NO. RECORDED ON , 1998, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. (TO BE FILLED IN AT TIME OF RECORDATION.) (Contains 11.819 Acres, more or less) This offer of Dedication is made pursuant to Section 7050 of Government Code of the State of California and may be accepted at any time by the City of Chula Vista. This Offer of Dedication of fee interest shall be irrevocable and shall be binding on the Grantor, its heirs, executors, administrators, successors and assigns. PAGE 1 OF 2 SIGNATURE PAGE Grantor Signatures: By: Otay Ranch Development, LLC, a Delaware lir'rpJ.~d liabili~,' company/~ Kent Aden, Vice President (Notary Acknowledgement Required for Each Signatory) This is to certify that the interest in real property offered herein to the City of Chula Vista, a governmental agency, is hereby acknowledged by the undersigned, City Clerk, on behaff of the Chula Vista City Council pursuant to authorfty conferred by Resolution No. 15645 of the Chula Vista City Council adopted on June 5, 1990, and the grantee(s) consent(s) to the recordation thereof by its duly authorized officer. BEVERLY A. AUTHELET CITY CLERK By: Dated: PAGE 2 OF 2 Recording Requested by and Please Return to: City Clerk City of Chula Vista P.O. Box 1087 Chula Vista, CA 91912 This Instrument Bene£rts City Only. No fee is required. This Space for Recorder's Use Only APN(s) 642-071-07 C.V. File No. OR-106F IRREVOCABLE OFFER OF DEDICATION OF FEE INTEREST FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, OTAY PROJECT, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY represents that, as the owner(s) of herein-described real property, (in the case of mu/tip/e owners, co//ective/y referred to as "Grantor'J, hereby make(s) an Irrevocable Offer of Dedication of fee interest, pursuant to Section 7050 of the Government Code of the State of California, to THE CITY OF CHULA VISTA, A MUNICIPAL CORPORATION, the hereinafter described real property for the following public purpose: OPEN SPACE AND OTHER PUBLIC PURPOSES. The real property referred to above is situated in the City of Chula Vista, County of San Diego, State of California and is more particularly described as follows: LOT "C" OF CHULA VISTA TRACT NO. 96-04, OTAY RANCH, VILLAGE 1 "A" MAP NO. 1, PER MAP NO. RECORDED ON ,1998, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. (TO BE FILLED IN AT TIME OF RECORDATION.) (Contains 15.051 Acres, more orless) This offer of Dedication is made pursuant to Section 7050 of Government Code of the State of California and may be accepted at any time by the City of Chula Vista. This Offer of Dedication of fee interest shall be irrevocable and shall be binding on the Grantor, its heirs, executors, administrators, successors and assigns. PAGE 1 OF 2 SIGNATURE PAGE Signedthis 5~1~4~ dayof J~l~__~ ,19~ 0tay Ranch Development, a Delaware Grantor Signatures: By: I mit I. iaDiiity company, LLC, Kent Aden, Vic~ Presid~nt- (Notary Acknowledgement Required for Each Signatory) This is to certify that the interest in real property offered herein to the City of Chula Vista, a governmental agency, is hereby acknowledged by the undersigned, City Clerk, on behaff of the Chula Vista City Council pursuant to authority conferred by Resolution No. 15645 of the Chula Vista City Council adopted on June 5, 1990, and the grantee(s) consent(s) to the recordation thereof by its duly authorized officer. BEVERLY A. AUTHELET CITY CLERK By: Dated: PAGE 2 OF 2 Recording Requested by and Please Return to: City Clerk City of Chula Vista P.O. Box 1087 Chula Vista, CA 91912 This Instrument BeneFr~s City Only. No fee is required. This Space for Recorder's Use Only APN(s) 642-071-07 C.V. File No. OR-106F IRREVOCABLE OFFER OF DEDICATION OF FEE INTEREST FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, OTAY PROJECT, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY represents that, as the owner(s) of herein-described real property, (in the case of multiple owners, collectively referred to as "GrantoF~, hereby make(s) an Irrevocable Offer of Dedication of fee interest, pursuant to Section 7050 of the Government Code of the State of California, to THE CITY OF CHULA VISTA, A MUNICIPAL CORPORATION, the hereinafter described real property for the following public purpose: OPEN SPACE AND OTHER PUBLIC PURPOSES. The real property referred to above is situated in the City of Chula Vista, County of San Diego, State of California and is more particularly described as follows: LOT "D" OF CHULA VISTA TRACT NO. 96-04, OTAY RANCH, VILLAGE 1 "A" MAP NO. 1, PER MAP NO. RECORDED ON ,1998, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. (TO BE FILLED IN AT TIME OF RECORDATION.) (Contains lO. 026 Acres, more or less) This offer of Dedication is made pursuant to Section 7050 of Government Code of the State of California and may be accepted at any time by the City of Chula Vista. This Offer of Dedication of fee interest shall be irrevocable and shall be binding on the Grantor, its heirs, executors, administrators, successors and assigns. PAGE 1 OF 2 SIGNATURE PAGE Grantor Signatures: By: Otay Ranch Development~ LLC, a Delaware lirnitedA~abiiity company ! Kent 'A~ (Notary Acknowledgement Required for Each Signatory) This is to certify that the interest in real property offered herein to the City of Chula Vista, a govemmental agency, is hereby acknowledged by the undersigned, City Clerk, on behalf of the Chula Vista City Council pursuant to authority conferred by Resolution No. 15645 of the Chula Vista City Council adopted on June 5, 1990, and the grantee(s) consent(s) to the recordation thereof by its duly authorized officer. BEVERLY A. AUTHELET CiTY CLERK By: Dated: PAGE 2 OF 2 Recording Requested by and Please Return to: City Clerk City of Chula Vista P.O. Box 1087 Chula Vista, CA 91912 This Instrument Benefits City Only. No fee is required. This Space for Recorder's Use Only APN(s) 642-071-07 C.V. File No. OR-106F IRREVOCABLE OFFER OF DEDICATION OF FEE INTEREST FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, OTAY PROJECT, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY represents that, as the owner(s) of herein-described real property, (in the case of multiple owner~, collectively referred to as "Grantor'J, hereby make(s) an Irrevocable Offer of Dedication of fee interest, pursuant to Section 7050 of the Government Code of the State of California, to THE CITY OF CHULA VISTA, A MUNICIPAL CORPORATION, the hereinafter described real property for the following public purpose: OPEN SPACE AND OTHER PUBLIC PURPOSES. The real property referred to above is situated in the City of Chula Vista, County of San Diego, State of Califomia and is more particularly described as follows: LOT "E" OF CHULA VISTA TRACT NO. 96-04, OTAY RANCH, VILLAGE 1 "A" MAP NO. 1, PER MAP NO. RECORDED ON ,1998, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. (TO BE FILLED IN AT TIME OF RECORDATION,) (Contains ~2. 797 Acres, more or less) This Offer of Dedication is made pursuant to Section 7050 of Government Code of the State of California and may be accepted at any time by the City of Chula Vista. This Offer of Dedication of fee interest shall be irrevocable and shall be binding on the Grantor, its heirs, executors, administrators, successors and assigns. PAGE 1 OF 2 SIGNATURE PAGE Grantor Signatures: By: Otay Ranch Development, LLC, a Delaware KenCAden, V~e President (Notary Acknowledgement Required for Each Signatory) This is to certify that the interest in real property offered herein to the City of Chula Vista, a governmental agency, is hereby acknowledged by the undersigned, City Clerk, on behaff of the Chula Vista City Council pursuant to authority conferred by Resolution No. 15645 of the Chula Vista City Council adopted on June 5, 1990, and the grantee(s) consent(s) to the recordation thereof by its duly authorized officer. BEVERLY A. AUTHELET CITY CLERK By: Dated: PAGE 2 OF 2 Recording Requested by and Please Return to: City Clerk City of Chula Vista P.O. Box 1087 Chula Vista, CA 91912 This Instrument Benefits City Only. No fee is required. This Space for Recorder's Use Only APN(s) 642-071-07 C.V. File No. OR-106F IRREVOCABLE OFFER OF DEDICATION OF FEE INTEREST FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, OTAY PROJECT, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY represents that, as the owner(s) of herein-described real property, (in the case of multiple owners, collectively referred to as "GrantoK?, hereby make(s) an irrevocable Offer of Dedication of fee interest, pursuant to Section 7050 of the Government Code of the State of California, to THE CITY OF CHULA VISTA, A MUNICIPAL CORPORATION, the hereinafter described real properb/for the following public purpose: PUBLIC PARK PURPOSES. The real property referred to above is situated in the City of Chula Vista, County of San Diego, State of California and is more particularly described as follows: LOT "F" OF CHULA VISTA TRACT NO. 96-04, OTAY RANCH, VILLAGE 1 "A" MAP NO. 1, PER MAP NO. RECORDED ON ,1998, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. (TO BE FILLED IN AT TIME OF RECORDATION.) (Contains 11.569 Acres, more or less) This offer of Dedication is made pursuant to Section 7050 of Government Code of the State of California and may be accepted at any time by the City of Chula Vista. This Offer of Dedication of fee interest shall be irrevocable and shall be binding on the Grantor, its heirs, executors, administrators, successors and assigns. PAGE 1 OF 2 SIGNATURE PAGE Signed this ~ day of I ~LOf'¢~'_ ,19~?~ Grantor Signatures: By: Otay Ra,~c~ Development, LLC, a Delaware Ke~ Aden, Vice President (Notary Acknowledgement Required for Each Signatory) This is to certify that the interest in real property offered herein to the City of Chula Vista, a governmental agency, is hereby acknowledged by the undersigned, City Clerk, on behalf of the Chula Vista City Council pursuant to authority conferred by Resolution No. 15645 of the Chula Vista City Council adopted on June 5, 1990, and the grantee(s) consent(s) to the recordation thereof by its duly authorized officer. BEVERLY A. AUTHELET CITY CLERK By: Dated: PAGE 2 OF 2 Recording Requested by and Please Return to: City Clerk City of Chula Vista P.O. Box 1087 Chula Vista, CA 91912 This Instrument Benefits City Only. No fee is required. This Space for Recorder's Use Only APN(s) 642-071-07 C.V. File No. OR-106F IRREVOCABLE OFFER OF DEDICATION OF FEE INTEREST FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, OTAY PROJECT, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY represents that, as the owner(s) of herein-described real property, (in the case of multiple owners, collectively referred to as "Grantor"), hereby make(s) an Irrevocable Offer of Dedication of fee interest, pursuant to Section 7050 of the Government Code of the State of Catifomia, to THE CITY OF CHULA VISTA, A MUNICIPAL CORPORATION, the hereinafter described real property for the following public purpose: PUBLIC PARK PURPOSES. The real property referred to above is situated in the City of Chula Vista, County of San Diego, State of California and is more particularly described as follows: LOT "R" OF CHULA VISTA TRACT NO. 96-04, OTAY RANCH, VILLAGE 1 "A" MAP NO. 1, PER MAP NO. RECORDED ON ,1998, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. (TO BE FILLED IN AT TIME OF RECORDATION.) ~Contains 6.961 Acres, more or/ess) This offer of Dedication is made pursuant to Section 7050 of Government Code of the State of Califomia and may be accepted at any time by the City of Chula Vista. This Offer of Dedication of fee interest shall be irrevocable and shall be binding on the Grantor, its heirs, executors, administrators, successors and assigns. PAGE 1 OF 2 SIGNATURE PAGE Grantor Signatures: By: Otay Ranch Ce,,'e~opment, LLC, a Delaware ed I:.ability compan! Kent Aden, ~e ~resident {Notary Acknowledgement Required for Each Signatory) This is to certify that the interest in real property offered herein to the City of Chula Vista, a governmental agency, is hereby acknowledged by the undersigned, City Clerk, on behaff of the Chula Vista City Council pursuant to authority conferred by Resolution No. 15645 of the Chula Vista City Council adopted on June 5, 1990, and the grantee(s) consent(s) to the recordation thereof by its duly authorized officer. BEVERLY A. AUTHELET CITY CLERK By: Dated: PAGE 2 OF 2 RESOLUTION NO. 18659 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING FUNDS FROM THE TRAFFIC SIGNAL FUND TO REIMBURSE DEVELOPER FOR CQSTS INVOLVED' WITH TRAFFIC SIGNAL RELOCATION AT 397 "E" STREET WHEREAS, Tony Zamir, owner of the property at the northeast corner of Fourth Avenue and "E" Street, plans to build a dental facility; and WHEREAS, as part of the development, the owner is required to widen both streets to meet current standards mandated in the City's Circulation Element of the General Plan, and part of that widening includes the relocation of the existing traffic signal~standard on the corner; and WHEREAS, staff is requesting that Council authorize the reimbursement to Mr. Zamir in the amount of $15,000 for the cost of this relocation out of the Traffic Signal Fund. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby appropriate $15,000 from the Traffic Signal Fund to cover the cost of relocating the City's signal standard and appurtenances and authorize staff to reimburse the developer for costs involved with the traffic signal relocation at 397 "E" Street. Presented by Approved as to form by P'ublic Works Director _ /r__,~y Attorney _ Resolution 18659 Page 2 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 6th day of May, 1997, by the following vote: AYES: Councilmembers: Moot, Padilla, Salas, and Horton NAYES: Councilmembers: None ABSENT: Councilmembers: None AtBSTA[N: Councilmembers: Rindone ' ' Shiley Horton, Mayor ATTEST: STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) _ l, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 18659 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 6th day of May, 1997. Executed this 6th day of May, 1997. Beverly At/Authelet, City Clerk :COUNCIL AGENDA STATEMENT Item f/? Meeting Date 5/6/97 ITEM TITLE: Resolution / c~'(d ~) ~i appropriating funds from the Traffic Signal Fund to reimburse developer for costs involved with traffic signal relocation at 397 "E" Street SUBMITTED BY: Director of Public Wor REVIEWED BY: City Manager (4/5tbs Vote: Yes X No__ ) Tony Zamir, owner of the property at the northeast comer of Fourth Avenue and "E" Street, plans to build a dental facility. As part of this development, he is required to widen both streets to meet current standards mandated in the City's Circulation Element of the General Plan. Part of that widening includes the relocation of the existing traffic signal standard on the comer. Staff is requesting that Council authorize the reimbursement to Mr. Zarnlr for the cost of this relocation out of the Traffic Signal Fund. RECOMMENDATION: Council adopt resolution to appropriate $15,000 from the Traffic Signal Fund to cover the cost of relocating City's signal standard and appurtenances and authorize staffto reimburse the developer for costs involved with the traffic signal relocation at 397 "E" Street. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Recently, the owner of the property known as 697 "E" Street (the northeast comer of"E" Street and Fourth Avenue), submitted an application for a Design Review to construct a dental office building on the site. ('l]ae lot has been vacant since a Chevron gas station was demolished on the site several years ago.) As the plans were processed through the Engineering Division, the requirement to widen the adjacent streets was imposed in accordance with the Municipal Code requirements. "E" Street is considered a Class I Collector in the General Plan, and Fourth Avenue is a Four-Lane Major Street. Each street currently has a half-width of 32 feet from center line to curb. Current Chula Vista Design Standards for the intersection of these streets call for half-widths of 37 feet on "E" Street and 40 feet on Fourth Avenue. Mr. Zamir has agreed to complete the widening work, but has asked the City to assist in the cost of reloca~g the Iraffic signal and appurtenant facilities. The cost of the relocation has been estimated by Mr. Zamir's engineer to be approximately $15,000. It is staff's opinion that, if he pays his assessed Traffic Signal Fee of $3,373.50 as part of the building permit for on-site development, the City may pay the relocation costs, including any pullboxes and detector loops which may need l, 'd Page 2, Item Meeting Date 5/6/97 relocating, out of Traffic Signal Funds. We believe that this expenditure is justified on the b~is that this intersection is one of the busiest in the City and, while the signal relocation is essential for the provision of adequate circulation, its cost is considerably beyond Mr. Zamir's proportional contribution to the traffic volume there. Council Policy No. 478-01 establishes a policy on participation by private developers for the financing and/or installation oflraffic signals on public streets in the City of Chuia Vista. A copy of the policy is attached for reference. The policy provides for proportionate contribution by all private developments generating significant traffic toward the projected traffic signal needs of the City. Paragraph 10 of the policy states: "The City may require that a developer whose project creates an immediate need for signalization.., undertake to install such signalization subject to furare reimbursement from the Traffic Signal Fund. Reimbursement ora developer to the extent that his construction cost (including design) exceeds his traffic signal charge shall have first call on the Traffic Signal Fund." There are funds available in the Traffic Signal Fund to reimburse Mr Zamlr at this time and doing so is in keeping with this policy. Mi. Zamir has solicited bids from three contractors and will be letting a contract soon. Staffintends to have Mr. Zamir pay the normal Traffic Signal Fee on issuance of his building permit, plus the costs of the signal relocation when the widening takes place. If Council adopts the subject resolution, the City will reimburse Mr. Zamir the full cost of the signal work after the job is complete and the invoices are reviewed and approved by staff. The City will retain the $3,373.50 Traffic Signal Fee paid with the Building Permit for his equitable share in the traffic signal work. FISCAL IMPACT: Estimated expenditure out of the Traffic Signal Fund is approximately $15,060. However, after the widening work is accomplished, the invoices from the owner's contractor will be submitted to and reviewed by this department. The final amount of the reimbursement will be determined by that review. Attachment: Council Policy No. 478-02 File No. 710-45-PC- 1157 H:'~rtOMEXI~GINEER',AGENDA~397_E_ST.YWH April 19, 1997 (3:18pm) · . Project: Denm//R~mit Building Loan No: ERT20gl050 CAT,~O~ Bo~owe~ S~ou~ M~soumi FO~ OF ~CO~ON~ W~R ~ ~LE~E ~ON PROG~SS ~A~ The undersigned ~z~s b~n paid ,'md has received a progress payment m the sum of $ 6,120.00 forlabor, services, equipmentormatefialsfumishe, d to Zi~man/Shields: Tn?. , on jobof Tony Zamir losatedat Chula Vista Dental/R~l 397 E St.~ Chula Vista, CA and do~ hereby waive and relrmse pro tamo any mcclnani¢'s lien, stop notice, or bond fight tha~ the undersized has on the above referenced job to thc following ex'rant. This release covers a progress payment for l,~bor, scr~cas, equipment or material fin-rushed to Zigman/~qb~ pi ~ Yne through 8 / 31 / 97 only, and docs not cover any retentions rct~mt-xt before or afLcr the ralease ,~ ex-res furnished bcffore the rclaase date for which payment has not been rcocivcd; ¢x'~a.s or itcm~ fll~$hgd after the release date. Righm based upon work performed or itel-la5 fllrnished u_rtder a written order which has been fully executed by the paraes prior to the relcase date are covered by th~s release unless specificalJy reserved by the claimant in this release. This rclcamc o£ am5' mechanic's lieru stop notice or bond right shall not othcrvase affect thc contract rights, including rights between parUcs rescusmon, a~andonmcnk or breach of ¢onLract~ or the right of thc undersigned to recover cumpcnsauon for farmshed labor, service, ¢qmpmenh or materiaJ covered by this release if that furmsh~i labor, services. equipmsm or matcna] was no~ compensated by thc progress payment. This Waiver and release is for the benefit of, and may be re, lied upon by. the Owner, and all pemons holding an), property interesI in the job site, the prime contractor, thc construCtaon lender, any construction fund holder, and the prmcipaJ and s-arctics on any labor and mmerial bond. The person roguing this release on behal£ of the undersigned company wa_n-anLs and rcpresemm to have the full leg"~ authority to act for and bad the undersigned company to the terms hereo£ NOTICE: -I'~¢ DOCI/'NfENT WAIVES RIGHTS LrNCONDrl~ONALLY AN]) STATES i'i:I. AT YOU tL~VE BEEN PAID FOR GIVING UP THOSE RIGHTS. '1'H~ DOCIFIVfENT IS ENFORCEA~BLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU l~akV'E NOT BEEN PAID. IF YOU tDk¥'E NOT BEEN PAID, USE A CONDrfIONAL RELEASE FORM~ Dam: 10 / 6 / 9 7 Contract Price $ Changc Order Through ~.__ S Company~c: Knox ~lec~ric. ~nc. t~vised Contra~Pnce $ By: .-~"frT~..~ ~ .~ ...1~ a Current Progr¢~ Payment # $ Title: 0 f f i c e Ma n a g e r Toufl Corn to Date $ Less Retention Tota~ Application to Date $ I~ORM 01~ CONDITIONAL WADe~R L,~po~ rccc~ ~ ~c ~:~:rm~ ~ a d0~k ~om Zigman/Shields 1,TQ0.O0 ~m Knox Electric. Inc. ~ T~, 7~f . k~;=ta Ch,~la V~t~ D~nr~/Retail 397 "E" Si., 'Chula Vista, CA ~~.) Dec. 24, 1997 .r--.~:~ay~ Knox E. lectric, Inc. ~ P~esident Ti~c: 7/96 /&! Projlct: Dlfltal/'Rltall Build, lng Lom't No: RR"T2OOIO~ C~ ~l':. hfoura IVtalsou~i FORM OF UNCONDITIONAL WAIVER AND RELEASE UPON PROGREE8 PAYMENT The unde~'-.,~d ham pae~ paid and has receiver a progress payment in t~e sum of 9,1B0.00 for labor, (C~k Rmou~ sorwos~, equipment or ~ furnished to 71GMAN/SHIELDS GENERAL CONTRACTORS on the (Your Cu~tome0 job of Mohammed Hashen MalakoutJ Z. amir and tocatod at 397 "E" STREET. CHULA VISTA, CA 91910 (ow~O Safcora Massoumi (F~fect Name all~ and ~ hereby waive and release pro torito any mechanic's lien, stop not~ce, or ~ right tf~t t~e labor, ae~'~ces, equipment or ~ fumieheq to ZIGMAN/SHIELDS GENERAL CONTRACTORS rrour c. mmme~ t/~rough 10T31/97 only, and ~ not cover any retentions retained before or after release date; ex/~as fta'niehed before tt~e relmme date for which payment ha~ not been received; extras or items famished after the retease ~. Right~ based upon work performed or itama famished under a written change ordor which ha~ been fully ex~=utad by tt~e partJe~ Pcor to t~'~e retos~e date are covered by ~ie ralos~e unlosa ~pac. ifically reserved by t~e ctaimant in tflie release. '['hie release of an)' mechanic's lien, ~op notice or bond ng~ ~ not ~ affect t~e contract rights, including rights between parbe~ to tt~e contract based upon a re~c~, abandonment, or breech of contract, or tt~e right of ttte undemigned to recover compansat~on for fumiehed tabor, aerv..a~, eqtapment, or rnateria~ covered by t~ie release if ttlat furnished ~or, eq~pment or material wos not compensated by the progre~a payment. Thie waiver and releaae ia for the benefit of, and may be retied upon by, l~.~e Owner, and all persons holding any property int~est in t~e job r~ta, ~ p~lme contractor, ttm construc~on lendor, any constr~ct~on fund holder, and The pereon r.~gn~ng thru release on he.df of t~e undemigned company wan'ants and represents to have ttm fall HOTICE: Ti-ILS DOCUMENT WAIVES RJ~3HT$ UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PA~O FOR GMNG UP THO~E RIGHTS. THIS OC~UMENT m ENFORCEABLE AC~dHST YOU IF YOU SK;N IT, EVEN IF YOU HAVE NOT BEEN PA~D. IF YOU HAVE NOT BEEN laA~D, USE A COHDITIONAL RELEASE FORM. Company ~, Name: KNOX ELECTRIC Contract pnce j.~.~/~// Change Order Through # By: Revieed Co~traot pnos TrUe: x.~- L Current Progre~..s Payment # Total Cost to Data Le~a Retention Total Applicafiofl to Date California (EXHIBIT A) COUNCIL AGENVDA STATEMENT Item No. ~ Date September 16, 1997 ITEM TITLE: Report: Termination of the County Household Hazardous Waste Program and Request for Authorization to Negotiate with South Bay Jurisdictions to Develop a Sub-Regional Program Alternative. SUBMITTED BY: Michael T. Meacha~ C°nservati°n C°°rdin~i t°r ~JN BACKGROUND: The California Integrated Waste Management Act of 1989, (AB 939) requires that every City and County develop and implement a Household Ha?ardous Waste Element (ItI-I'WE) desig'aed to reduce or divert its annual I-IHW generation 50% by the year 2000. Jurisdictions are subject to up to $10,0430 in civil penalties for failure to develop and make a good faith effort to implement their I-IHWE. Chula Vista's HlffWE is based on a re~onal program administered by the County and funded through landfill tipping fees paid by generators from all the county's jurisdictions. In May the County of San Diego closed the drop-off facility located at the Otay Landfill, which represented 95 % of Chula Vista's historical participation. On July 17, 1997 the County announced that it would no longer be providing the HHW services funded by landfill tipping fees when divestiture was complete (Attachment A). RECOMMENDATION: That Council accept the staff report as submitted and authorize the City Manager to negotiate with neighboring jurisdictions to develop a funding mechanism to continue household hazardous waste collection, drop-off and education activities for Chula Vista residents. BOARDS A.ND COMMISSIONS: The Resource Conservation Commission will r~view the staff report at their meeting of September 15, 1997, and a verbal repo~'regarding their recommendation will be made to Council upon request. - DISCUSSION: The County of San Diego has used tipping fee surcharges assessed all the jurisdictions and their respective generators to pay the public education, collection and treatment costs for HIIW from 1990 to the present. At its peak, that regional program provided fifty-four (54) special one day collection events per year and one permanent drop-off facility (at the Otay Landfill) that was open to County residents, six days a week, at no charge. Together the events and permanent facility provided geographically convenient disposal options for all the County's residents throughout the year. Chula Vista's Historical Participation in the County Sponsored Regional HI-IW Pro,am The HIq~rE's developed by a consultant for Chula Vista and the other county jurisdictions describes a developing regional program that would place future emphasis on source reduction, public education, and the development of permanent facilities that would be geographically distributed throughout the County. Strategically locating permanent facilities, with consistent operating hours, is expected to be more convenient for the public. It is also less expensive to handle HHW at permanent facilities than it is at one day events. Since the submirtai of the HHWE Chula Vista has applied for, received and executed grants from the state of California for household hazardous waste education and used o~,~collectionand/~ education. Chula Vista was also the first to prop~ional grant applications that have assisted the Household Hazardous Waste September 16, 1997 Page 2 development of HHW facilities in Vista and Poway. During the past six years Chula Vista residents have had the option of; I) participating in the one day events in neighboring jurisdictions, or 2) taking their HHW directly to the permanent facility that was located at the Otay Landfill (Appropriate Technologies; APTEC). That APTEC facility closed in May of this year and is no longer operational_. Subsequently, the County has developed a third option for Chula Vista and other South Bay residents that allows them to take small quantities of HHW to Coronado and larger quantities to Vista facilities. On May 17, 1997, Chula Vista hosted their first HHW event in almost six years. Event participant_q were limited to recycling oil, paint and antifreeze. Approximately 350 Chula Vista households participated in the event. Chula Vista, will be hosting another HHW event on Saturday, October 18, 1997 from 8:00 a.m. to 1:00 p.m. that will accept a broad range of HHW. The event is sponsored by the County of San Diego and supported by the Port District and other South Bay cities. Two to three times the number of participant.q are expected. It is very important to promote the October event because; 1) it may be the last convenient opportunity for Chula Vista residents to safely dispose of hazardous materials generated at their home for sometime, 2) it may be the last time that an event of this type is paid for by the County of San Diego through tipping fees and provided at no direct cost to the City or rate .payers, 3) materials that are diverted from the landfill or storm drains reduce the pollution and its effects on the Chula Vista Nature Center, Marina~, Bay Park and local rivers, 4) the HHW events provide oppommities to educate the public and promote source reduction, re-use and future disposal options. County's Termination of the Existing HHW Regional Pro_re'am As the County solid waste program fiscal status came under question in the past few years, tipping fees and the revenue they generate began to fluctuate dramatically. The County began to cut back and HI-IW special events were reduced in number and scope from (54,),fffiy-four full collection ~vents accepting all materials, to less than twelve annual events that frequently limit the materials they accept to less expensive recyclable items such as paint, used oil and car batteries. The Solid Waste Task Force's, Citizen's and Technical Advisory Committees met for almost two years to develop recommendations to fund the program and restore service to its intended levels. Those recommendations went to the SANDAG Executive Committee and the County. At a July 29, 1997 meeting the County announced that it expects to transfer ownership of its landfills to Allied Waste in November 1997, and will no longer control that revenue source or surcharges outside their jurisdiction (Attachment B). Consequently, the County has announced that it will stop providing HHW services to other jurisdictions when the transfer of solid waste assets are complete. Chula Vista and the other cities in the County are encouraging the County to use any remaining County Solid Waste Program funds and revenue from the sale of the system to maintain the I-[HW hotline and collection events at least through the end of this fiscal year. Most cities have voiced concerns about developing and implementing a new program in the middle of a budget year. On July 29, 1997, the County proposed a new program structure and funding mechanism to replace the tipping fee surcharge (Attachment C). The County requested that cities fund the program based on their respective residents use of the system. Chula Vista's costs would include a $10,000 pe~ year initial fee ,.~ ,~ (paid by each City) and $47,000 additional per year, based on the average partici!~ation,,bv Chula Vista ~ ~ Household Hazardous Waste September 16, 1997 Page 3 residents over the past three years (AUachment D). The County's projection for total costs to South Bay's Cities is approximately $250,000 per year. The County plan depends on participation by most if not all of the jurisdictions within the County and costs would be higher for the same level of service if fewer cities participate. City representatives asked the County to develop projections for local costs based on scenarios _where five, ten or fifteen jurisdictions choose to participate. Representatives also recommended that participating cities have more authority in financial and program decisions in any furore regional program structure. Some cities, particularly those that have diverted most of their material from County landfills have already begun to offer or plan their own locally funded collection events. The County has scheduled another meeting to discuss HHW issues for September 16, 1997. The Local Task Force has also placed the item on its October 2, 1997 Agenda so that a recommendation to SANDAG may be considered. Current Staff Efforts to Re-Establish a HHW Prom for Chula Vista Residents Staff is confident that a mb-regional application with the right components would have a very strong chance of receiving significant funding from the state HHW grant program for three years. The grant compongnts would have to include a public education component, the development.of permanent HHW collection/drop-off infrastructure, and a funding source that will allow the program to continue service after the three year grant cycle concludes. Grant applications will be available this fall and awards will be announced this winter or early spring in time to incorporate award results into a 1998/99 HHW budget. Chula Vista staff has already organized a meeting with the South Bay Regional Used Oil Program cities; Coronado, Imperial Beach and National City. The meeting was intended to encourage the development of a mb-regional program that would pursue grants (see Attachment C). A sub-regional pro,am could participate in a County-wide program or establish its own HHW program if the County plan fails to materialize. Initial discussions with neighboring jurisdictions concentrated on using grants and other non- general fund revenues to develop facilities that will offer long term, low-cost solutions, and utilize a combination of user fees, surcharges, sponsorships and Used Oil Block Grants to fund operational costs when the initial grant cycles are over. Existing agreements between Chula Vista, Coronado, Imperial Beach and National City allow staff to apply for sub-regional used oil and household ha?ardous waste grants that could fund a major portion of the South Bay's Household Hazardous Waste collection and public education program~ for the three year grant cycle. The grants could fund all the public education costs, and a significant portion of the collection and capital costs for HHW facilities. Chula Vista and other participants may need to partially fund the program from other sources and would be expected to demonstrate a funding source to continue the program when the grant cycle ended. Staff is developing budget scenarios that would include a variety of funding options to provide a permanent program. The following chart demonstrates potential funding sources, their estimated revenues and their corresponding effects to rate payers. Household Hazardous Waste September 16, 1997 Page 4 Potential ~ Fee Application Projected Annual Direct Cost to Funding Source Revenue Residential Rate Payer County/Chula Vista Tipping Fee Surcharge 50c per ton $1,000,000/55,000 3¢ p/mo- p/rate payer AB 939 Fee .5 % p/refuse bill Not Applicable/S50,000 7C p/mo - p/residential rate payer Gate fee - voluntarily $1-$3 p/user $7,500/$800 $1-$3 per household, paid by user per voluntary use HI-IWE Grants for N/A Up to $300,000 for 3 -0~ South Bay Region years Used Oil Oppommity N/A Up to $250,000 for 18 -O- Grants (for South Bay) months Used Oil Block Grants N/A $45,000 for three years -0- (existing-South Bay) Corporate Sponsorships Unknown Unknown -0- South Bay Un- $85 to $175 $100,000 to 150,000 over Reimbursed by incorporated County (cost per vehicle) three years Coun.ty/City of San and City of San Diego ' ' Diego based on use Participants "- Grant funds are based on awards projected for an application from three or more participating South Bay jurisdictions. Existing block grants extend through fmc. al year 1999/2000 and may be renewed. Tipping fee surcharges have the added advantage of spreading costs over a larger group of generators by reaching self-haulers and other customers that are not reached by municipal refuse bills. Two years ago Chula Vista recommended a 10C to 45c tipping fee surcharge to fund HHWE programs that was rejected by Solid Waste Authority members of the Technical Advisory Subcommittee and SANDAG Executive Committee. That funding option now has general support at the Technical AdvisorY Committee and may be presented to SANDAG as part of a regional funding approach at their November meeting. -. FISCAL IMPACT: There is no impact to the 1997/98 budget resulting from staff recommendation. The cost for continuing the program in the future will be submitted in the 1998/99 fiscal year budget. That p~:oposal is expected to pay for the program with a combination of funding sources including; grants, tipping fee surcharges, user fees, AB 939 fees and corporate sponsorships. The state grant applications for Household Hazardous Waste Funds and Used Oil Opportunity Grants are due tiffs fall and awards will be announced this winter or earl), spring. (ATTAC~NT A) JOSEPH $. MINNER (6~gl ~,-~6e~ SOLID WASTE SERVICES Jul~ 17, 1997 Mr. Michael Meacham City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910-2631 Dear Mr. Meacham: HOUSEHOLD H~zIARDOUS MATERIALS PROGRAM CF~ANGES .As you know, the County of San Diego is currently in the process of divesting its solid waste assets. Once divestiture is complete, there nk3y be significant changes to the County's Regional Household Hazardous Materials Program (H/q~P). A preview of the changes was presented at the Technical ~sistance Committee meeting on July 3, 1997. This letter is written to invite you or your representative to attend a meeting on July 29, 1997, at the County Solid Waste Services' offices. The items discussed will include jurisdictiona! programs, ongoing use of the HH~4P ~rvices, funding, and billing mechanisms, and operation of the. permanent household hazardous waste facilities. When divestiture is complete, the County will fund the Hi-LMP for only unincorporated area residents through hauler agreement fees. The County plans to use a portion of. this fund to reimburse unincorporated area costs at the permanent HHW collection -. facilities. The goal of the meeting on July 29, 1997, is to determine if jurisdictions are interested in continued use of the'County's HPLM. P services, and if so, what items will be necessary for continued participation. The County hopes to have letters of intent~from interested jurisdictions, by August 29, 1997. (ATTTACt~IENT A-2) !(r. -~.eacham -2- July !?, 1997 A draft agenda of the meeting is attached, item One will be discussed from 9:30am to 10:30anm, and Item Two will be discussed from 10:30am to ll:30am. You are welcome to attend the discussion of either one or both of the items. If you have any questions, please call me at (619) 974-2698, Pamela Cor~elyou at (619) 974-2676, or Susan Otten at (619) 974-2613. Very truly yours, JOSEPH S-. 'M~R, Directer · Solid Waste Services JSM:SO:r~h Attachment cc: Mr. John Gross, City Manager JURISDICTIONAL PARTICIPATION IN ~ HOUSEHOLD H-~-,A. RDOUS MATERIALS PROGRANI JULY 29, 1997 9:30AM - 11:30 AM SOLID WASTE SERVICES OFFICES 9621 RIDGEHAVEN COURT THIRD FLOOR- SAN MARCOS ROOM ITEM O/NE 9:30 - 10:30 3. JURISDICTIONAL STAFFING AND BUDGET FOP,: a. DISPOSAL OF HOUSEItOLD HAZARDOUS WASTE b. SATISFACTION OF AB 939 REQUIREMENTS ¢. FORM 303 REPORTING d. CAIJ-S FROM RESIDENTS e. SCHOOL AND COMMUNITY INFORMATION/PRESENTATION REQUESTS £ IF USED, PERMAE'ENT CENTERS APPOn~MENT SCHEDUL~G 4. PARTICIPATION IN THE ~ COST b. METHOD OF BILLING c. AG!~ F~-MENT d. METHOD OF FUNDING ITEM TWO 10:30- 11:30 PERMANENT HOUSEHOLD HAZARDOUS WASTE FACILITIES 1.: OPERATED BY HOST CITY a. PEP, MIr CHANGES b. STAFFING c. BILLING d. REPORTING REQUIREMENTS e. INFORMATION COLLECTION 2. OPERATED BY THE COUNTY' HHMP a. BILLING -- b. REPORTING REQUIREMENTS c. INFORMATION COLLECTION S~n DieDo Coun~ Deportment o,~ ~n,,irc, nmen*a~ He~hh {D~_H) (ATTAC~NT B-2)' HOUSEHOLD TOXICS PROG Program Components, 97-98 1) Household To~cs Collection & Disposal Semite. ' Collegian Fo~l~es (Coronado, ~o & Poway) One-D~ ~en~ [NoH~ Cau~ Coastal, ~a~ Coun~, 5o~h Coun~ & Un~ncorpora*e~ Plak Up ~i~ [for disabled r~iden~ only, =urrenfiy ] 2~year) ~illnguar e~u~Jona[ r~aurc~ and info.arian pra~de~ by trained ~aff. - '. · . Hail'ne =e~ ed to edu~on ~ o~re~h. : -..'. - Vo~ce mall me=sage ~er hou~ w/each colledion ~=~;on, address g Available ia all ~i~, non-pr~ grou~ & the general pubilc Convenlem to obtain, no ~I~ or order fo~, simply pi~ up ~ col[e~ion Fa~ She~ (s~ ~ 1 O0 ~nglish & 50 Spanish ea.) & a~rk ""' ' ' ' "" Magn~ & Pennis (150 ea.) . ~dea & P~'s to run on C~u~ ~b~e W ~lon Internee Imem~ Home Page . 'No Wa~e ~tholog~ availabl~ ~or s~ools w/video (s~oJ proje~ r~ource manual) -. Program [~er~ure di~rlb~ed ~ ea~ ~ DEH's 9 communi~ even~ ~ · Quafledy .n~ releases ~ork ~or local adve~isemen~ Qua~erly repons & billing C~MB ~o~ 303 reporting 8) Residential Sto~water Element : Combined ~th ali med~o & adve~slng and educm~ona~ ma~erlals 9)~ Cbnsulting & Technical ~sistanie~bf Program St~ff~~ Avol]oble ~or oss~monce in sit~n9 ond petmi~inB oddi~iono] ~lities ~or even~ (ATTACItX'ZENT C-l) , Household Toxics Program Streamlined Program Fom~4y County Household Haz~rdoes MaterlaE Progr~.,, ~ More conYenien! d'mpo~al aptlon~ for re~iden~ * Jmprowd hotljne ~ I~einfor:ed ecluccrlJonaJ outreoc/n - Cities ta~ a direc~ role Household To×ics program · ~,..---~,,~ e-z~z-~ ~ ~n~l S~r ~ent ~ ~di~ & ~ng .' ~ T~ ~on & d~sa~ ~ ' P~mm ~n - ~ogram ~ng , Imp~v~ ~g~nal h~be ' ~ R~ ~ Paint De~ of Enfamil H~I~ " Toxics Collection Service Improved Regional Hotline ~ Edu~n~l re~ur~ on~ i~a~on p~d ~ ~a~ ~r-~ v~ ~ ~ * Ho~ine d~ to ~on & oulrea~ - ~ur (4) ~ ~en~ ~ 5panlsh s~a~er a~loble ~~':~, , Voi~ moll m~age after hou~ ' (ATTACHMENT C-2) Educational Materials Free Recycled Latex Paint Improve ~ur b~m ~ne, ~ ~e ~ Palm a~ undmco~ on ~ p~j~l Educational Ouirea:h, continued... · ~.~ (~l Dm ~.~ =,~..u.~,,,~ Media & Advertising ~ Edu~c~nal ~de~ & P~z ~ ~ on ~ ~un~ . Program Reporting Residential Stormwater Element Quarterly R~parl, & Billing ~ Supplemen~ Slormwa~ compiiance f.,d.~, ~ ~,~ ~ & per~cs~a~ =,w~d ~ Assisls with reporling requirerrmnts Granl Reporting As~s~ance ~ Dual message on all n~d~a, odvedi~g Form 303 C::IWMB Reporting and aclucatlonal mattrial~ ~.. Annual Repo~l (ATTACHMENT C-3) Consulting & Technical Assistance r~,,~,~,~,,.,,~,~_,,,~.~,..~ Aggressive Program Goals * ~lato~ ~mplian~ on all ,~. i~uding ~n~ a~ d~ - Coun~ ~pb ~ard~s wa~ g~ I~ - Colb~ion bdl~i~ ~11 b~ ~d In ea~ r~n & ~i~ ~in ~ [3) y~. , ~able for a~n~ in ~ and ~ng ~ On.day ~n~ ~11 ~ he~d in ~ ~ion until * ~r~on of gro~ ~a~ ~lie~bn faa~iti~ am e~ra~ Total Program Cost Host City Rebate Universal ba~e an~unt ~o buy into the program ($10~00) ~:' $5,000 robaf~ for c~ll~ion facilities AND A charge for actual re~idenls that ~' $2,500 rebate for one-day evnnts par~cipme ~:h quar~' ($115/car~ · Total Program Cost Estimates ~.~.~.~,s.~..~.~,,~. Level of Participation · , ~' Very Light Parfir. Jpc~on {100 car~) $21 ,SD0 · Lighs Partidpatbn (250 cars) $38,750 ~ Each city con,ink the lev~ of parlidpalion desired through local adv~rtbements and outreach. · M.':clerate Parllcipatlon (500 car~) $67,50D ,- Sunny results ~ that ~ of pa~cipan~s ~ Act~m Porticipalian (750 cars) $96,250 respond through ne',~papwr ad~ and 30% through utility bill in~e~ .... · VeryActive Pcrrtic~pcrlion (1,000 car,;) $125,0D0 · Hea,~,/Participation (1,500cars) $182,500 (ATTACtLMENT C-4) Regional United Program _ Your Regional Progra_m.. ....... ~m~on~l.ntsupp~ng [~ ~ Prog~to~m~odTo~input' ~ ~We, raglan, un~ program ~o se~e ~n~ qui~ ~ e~e~. ~~ ~ The Depadm~ Household Toxics Program, Service Comparison, FY97-98 City of Chula Vista ' : (City run event) HOUSEHOLD NO BUY-IN ONE (1) MEDIUM TOXICS PROGPJ,,M FAY PEP, CAR SIZE EVENT Year round service Year round service One (l) Level of Service facilities & 4 events (3 facilities & 4 events) one-day event Hatline yes no no ~torm Water Element Media & Advertising yes no Educational Materials & Promo Items yes nc> no Siting Permit, & Re.gulatory Cam~ ante yes no no , .~ite Manager: ~,er~ Safety & Oaeratlons yes no no Quaderly Reoartina & Event Notification yes no no Event & Facility Flyers yes no no Re~cled Latex Faint Program yes no no Pi~k Up Servi~e for Disabled Residents yes nc> no .Rnnual Re,art & Form 303 Reoortln yes no no Grant Su~oart & Reaodlng yes no no Community ~ents yes no no Interactive tnternet Home Page yes no -~ no Res.aenfs Served 407 407 500 f6ta[ Cost $56,805 271,225 $72,500 (EXHJB[T B) Sample of Advertising & Billing Inserts "ABOP" Collection Event - Saturday, May 17, 1997, 9:00 a.m. - 1:00 p.m. ,, Parking Lot at Marina Parkway & G' St. in Chula Vista. We will only accept ... r~..~_~,~,, Antifreeze Leave products in the original containers and make sure the containers Batteries (auto) are sealed so that they will not leak. Transport containers in the trunk or Oil in back of the vehicle away from passengers. Do not transport over 15 Paint gallons or 125 pounds at a time and do not transport the materials in containers larger than 5 gallons each. Do not bring business waste or other hazardous wastes. To recycle other household ha?ardous waste make a list of the materials by type and quantity and then call 1-800-246-1233. Press 0 when you get the recording and ask the operator for a "control number" and directions to the free household hazardous waste facility in Chula Vista. This community service is sponsored by the CourtO, of San Diego Department of Public Work& in cooperation with the City of Chula Vista Stormdrain Protection Program, the C/0, of Imperial Beach, the CiO' of National City, the San Diego Unified Port District and the California Integrated l~'aste Management Board. Printed on Recycled Paper. Naturally! Household Toxics Collection Event - SATURDAY, OCTOBER 18, 1997, 9:00 a.m. - 1:00 p.m. Parking Lot at Marina Parkway 8: G' Street in Chula Vista ~ ~ (north of the Chula Vista Marina) Leave products in the original comainer, with Lids on tight so they will not leak Transport ~ ~ containers in the trunk or in back oF the vehicle away From passengers. Do not transport more than ~,,t~, · 15 gallons or 125 pounds at a time, in containers no larger than a 5-gallon bucket Do NOT bring business waste, exolos,ves, radioactives or medical waste! ~ ~ '~ For more information, call (619) 235-9111 or (800) 246-1233. (EXHIBIT C) Household Hazardous Waste 1998/99 Proposed Budget Appropriation Request 270-2704 Item Budget Recommendation Advertising (5211): $1,000.00 Printing & Binding (5212): such as: brochures and billing inserts, $10,000.00 Contract Services (5298): Disposal, Hotline $75,000.00 Other Commodities (5398): such as: postage, office supplies, promotional materials, $1,000.00 Contingency (5399): Small Quantity Generator Services, Disposal Costs for Unexpectedly High Participation, Reciprocity with other Programs, Door-to-Door Service for the Handicapped $8,000.00 TOTAL $95,000.00 (EXHIBIT D) City of (C~ty Name) County of San Diego For Thc Region~l~ Household Toxics Program IT IS HEREBY AGRF_~D TO AS FOLLOWS: This agreera~nt i~ effective as of the date ia~ ex~:utzxi, unless anoth~ dam is oth~rv~se spe¢~ed in Ex,bit A. This zgn:e.t~nt i~ between the City COty") indicat~l above and tl~ County of San Diego RECITALS Whereas, t~ California Public P~"~aurc.~ Cod~ requires citi~ an~ ~u~tie~ to pr,par~ a Hou.~hoid Hazardaoz Wa~t~ E~m~-nt which id~xa/f'~ a program for tl~ r. afe collection, rocy¢l~g, trealn~-,nt ~ disposal of h*?~e4ouz wasps which arc gcmrated by housel~ici~ in the city or Where., ~ Comfy ef $~u D~ego a~ ~m~h ~ ~he par~ip~u~ c~ties in ~ County ~ave d~veloped No~e~okl Hazm'~0~m W~e ide~ify s c~m~y-w~de ~oo~.~a~ve progr~n for ~be m~gc~u~ of Hou~hold H~dous Where~s, ~he cr&s~ug H~usehold Hazardous W~u~ pro~m opem~:~ by ~m ~ ~s co~isu~ w~h ~be ~e~ HHW~; ami, Whereas, ~ Depanme~ of Envh~menml division of ~ C. oun~ resp~ns~l¢ for ~e sm~e ms~ne~ of hazm'do~s ~, ~h~ Ci~ d~s~e~ fc~ ~he pro~c~on, health co~k~don of h~o~d ~o~ ~ger m ~b~ ~ or ~ en~. City / Couno~ /~greement - Page 2 D~ OF ~ COUNT~ A ~ Du~ C~ ~1 pro~ ~1 of ~ ~i~s ~fi~ ~ ~ ~c~ E~bit A ("~f~ ~i~') ~ ~ t~c ~ s~ ~css o~i~ ag~ by ~ pa~es. T~ Co~ty gha, not ~ur ~. ~ ~ Ci~ ~11 not ~ ~ible for e~es ~t ~e ~t ~ ~ am~lm i~iw~ in ~hibit A 'M~m ~ual gu~' u~ ~ Ag~t 3dmi~in~r f~ ~e ~ ~ Coun~ o~i~ a~ ~ B Ad~flo~ ~ In ~dition m pmO~ ~ ~f~ ~i~, ~ CiW my ~uast ~ writing (~difio~ ~'). ~ C~ ~y ~ to ~ Addifio~ S~rvicus on a ~ ~ m~ ~ at ~ ~ sot fo~ ~ ~ "~m ~e' ~bit A, ~ess a ~m f~ f~ ~ o~ a~ u~n, C C~afl~ ~ Co~ wffi ~nv~ a m~ ~ ~ ~ ~o~ Ho~ho~ Toxi~s Co~e ~ de~ ~ ~bit A. ~ C~ ~ m pl~ for ~ ye~ se~ ~ ~e ~ ~ ~ m~s ~ m ~ss ~es ~t ~y afi~ tcs~g ~ ~i~ p~ p~ ~ thin ~nt. D~8 OF ~ C~ A ~e Cl~ s~ pro.de ~1 of ~ sc~i~ a~r~ ~ ~hlhl, A a N ' Y f~ ~f~ ~i~s ~ ~o~ Se~i~s as provi~ ~ ~bR A. T~ Coun~ s~l p~v~ ~ ~i~ on a ~rly ~is. ~voi~ ~fl~ ~ ~s p~vi~. C~ for ~ ~i~ provided to Ci~ will ~ ~icu~ ~ ~ ~r d~fi~ ~ ~bR A. ~c Ci~ shall pay · c ~VOi~ ~0~ ~thi~ ~ ~) ~ys of ~ ~ ~t ~ mvo~ w~ mail~. T~ CiW $~ ~n!~lY.~ina ~ *Ann*mi M~um ~inp" ~t ~e will co~muit for ~hold ~a~s was~ ~ ~1 for ~ir iu~icti~. Ten d~v} ~ior to ~ ~innin~ of e~h ~r ~ Ci~ wffi pay ~e DEH o~ ou~er of ~.a~l ~mi~. ~ DEH wffi dism~ VOuc~a to citi~rl~ ~om ~t iu~ic~on ~ on ~ fi~* ~aid. ~ cost of vo~ will ~cula~d o~rlv ~ ~e~ in ~bit A, Version 5-27-98 City / County Agreement- Page ~ Advefllecments ' services provided by the ~ounty, that the County will bc ~mv~ copies of tl~ Jllformation. Tbe City will ao~ dlstribtttc th~ public without prior authorization from the Coup. The - withhold authorization for relsaae of this Informari'O.q~t substamial cause, to be ore~nt.~ in Wrltln~ gO {l~ Citv ~ City fm't~r agrees to rehalbursc tt~ County for costs associated with scrvicas provided by the County due to informatioll dist~buted to thc public without rite prior approval of the County. GD Cooperation The City will appoint a reprcscnMtivc to at. nd the R~ional Household Toxics Commit~ az described in Exhibit A. ADMINISTRATION OF CONTRACT TERM OF AGReeMENT A Five Year Term This agreement shall comme~cc oa July 1. 1998. and shall remain and ~ouiifluc ~~/une 30. 200'4, unless termlnat*-3_ sooner nurauam to administrators may extend the agreement for a ~eriod not to exceed ~in.r~ davs. beyond Iurm 30. 9_otr4= uoon written verification that the nartics' bodies will consider the extcnsion of said altreem_en_t_ within nimn'v ¢90~ days B Annllfli Review The parties will review this agreement annually, and/or at any mutually agreeable time, to daten~inc wbethcr changes in service level or rates are required for thc upcoming year. C Termination of A~reem~nt for Cause If either party fails to fulfill In a timely and proper manner the obligations or atipulations under th*_'_* agreement, each party shall have the right to tcrn'dnat¢ this agreement by giving written notice to the other patty. The termination notice shall specify an effective date of term!_~ttion that is at least thirty (30) days after thc date that the noti~ of termination is issued. D Termination of Agreement for Convenience of Either Party Either party may terminate this agreement at any time and for nay reason, by giving specific written .notice to the other party. The termination notice shall City / County Agrce. rnent- Page of of ~eive iust ~ ~i~blc ~on for ~ work ~gsfac~ co~Icmd ~f~e ~ cff~tive ~ of ~ ~t~ of ~ a~. CLAIMS A Noilc~ All notlc~a or tuque,sis provided for or permitted to be given by this agreement shall be in va'Ring. Notices ~ req~st~ shall b~ dggm~d to gsve been properly given or servnd if l~rsor~!!y ~'ved or deposited in tl~ United States mail, addressed to such pa~, postage prepaid, regis~red or c~rtified, with return receipt ~ClUe~ted, at th~ addre~ idoalified in Exhibit A. B Mutual Hold The City agrees to ind~mnifv, defend, and hold barrel.s the ~ officers, elc~ted Off'minis cmolovees alld collff~tors, aoaina! add fi-Om lilly arid all liability, lo~s. dllma~e$ to _~ _~o~r~.. i~_hlrles tO. or d~ of any _D~l'soll or llersorl~. ajgi all clain~, demand*, suits, actions, nrc~,~ttnos onat~ or a~iOruevs' fees. ally kind or nature, of or by anyone whom3oever, in any way l~nltin; from ~1~' arisin~ out of h~e city's neoli~ent ~r6~.rma~- of thin a~reement. The County aoreos to indemnify, defend and hold lmrml~aa officers, elee~ed of6o~!s, emolove~ and conlractors, a~alnst alld from ally iuld 1~ liability, loss. damages to orooeav, inluries m or dpaeh-of any oerson or and all ~:[ldlIls. ~err~nd~. ~llt~ actio~_~, or~__~dlnon~ ~s. or aHorll~VS' feeg. ~nv kind or aamr~, of or by anyone whomsoever, in any way resultin~ £rom G, arisin u~..f..O_~_.~..ti~Catmtv's n~.lio,~m ~rform~r~ of this agrccmenL 6--'- .... L.a~---:~.-..l~~ _,._. :__,,..~ ....... '* -' ~^' .......... ";' .*'~a~ ;rd C#y / County Agreement ~ Page OC Governing Law/Venue This agreement shall 1~ governed by and ml~l in acc~rdan~ With the laws of the State of Califoraia. A~y action arising from or relati~ to this agreement shall be brough! only in the federal or state courts located in, or as close as possible to San Diego County. MISCELLANEOUS A Sevexabflity ff for any reason, any portion or application of this agreement, to either party or person is held to be invalid, it shall be deemed severable. In the event tha~ a ponian of this agreement is severed, the validity of Ihe remainder of the agreetncnt shall not bo affected. B Owner~p, Pub~an, Rcproduclton sod U~ of Mataqal All reports, studies, informatice, data, statistics, rosins desLon% plans, procedures, systems and any other materials or properties produccd un~cr this agrccmcnt shall remain with the County as public propen'y, With the exceptions of 'Advertisements*, as discusscd under 'Duties of the City*, the City shall have unrcstricted authority to publish, disclose, distribute, and othcnvi.$c use any reports, studies, data, statistics, forms or other materials or properties produced under this agreement. C Independent Comractor Thc County, its elected officials, appointed officers, employces, and contractors arc. for all purposes under this agreement, i~tcpefldent contractors and shall not bc deerflcd to bc cmployccs of tl~ Cit% D Insurance The Count' represents that it, its agents, staff and subcontractors employed by it in connection with thc seryiccs rcfldcred, are pro~cted against th~ ri~ or loss by Statutory Worker's Compensation Insurance and Elllpioy~f'5 Liability In. tm coverage in the amount specified in th~ attach~ Exhibit A. Patal]raph 9. The County shall dcmollstra~ proof of coverage prior to the comll~nccm~nt of services provided .ntt-r this Agreemem, by delivery of Certificates of insurance. ,C~ / Cour~ dgr~m~l ~ Page 6.,~ Liability Coverag~ required under Co~s ~ Polly, ~ ~W s~ll deliver a ~y ~o~t~ C~ty / County Agreement- Page SIGNATURE PAGE ~ ~ City of (City Name) ~/~ Co-ntT of San Diego For T~ Regional Household Toxics Program City and Coumy have executed this agr~me~ a~ thereby indicate that they have read and understood th~ agreement, and 8iv¢ their full an,4 ¢ompi~ consent to its tenm. Each party hereby warrants ~ represent~ to the other party flint it has legal authority and capacity afld direction from its gove~nln~ body to enter imo this ag, re~am~, and that all ntc~saa~ resolutions or other actions have b~n taken so as to enable it m enter iago this agreement. County Counsel: Title: .., Date: Cou~u~ A~r~n~ Administrator: Title: Director Date: City A~tmmey: Title: Da~c: City Agr~mem Administrator: Title: Date: Version 5-27-98 City of (City Name) County of San Diego For The Regional Household Toxics Program 1, Eff~s:tive Date of Agreement; 2. This agreement is between fl~e: County og San Diego ~zi thc CiV/of: City Name a municipal charted corporation of ~e State of California. 3. &greemen~ Admi~rator for County: Title: Director Department: Deparm~nt of Environm,,m,*~ Health 4. Agreement Adminisira~r for the Ci~: Title: Department: $. Agreement Representative for County: Ken Calvert Title: Clfief Department: _Dep~ment of Environmental 6. Agreement R~epresentatlve for the Cit~: Title: ~ ~, Version 5-27-98 F. thibit A - Page 2 7, County Contact laformarlon: ~ ~.o. ~o~ ta~:,$)/ O~i) Pl~on~ Number: ~619) ~ F~ Numar: _(619} 3~17 8. Ci~ ~n~ ~fion: Phone Number: (619) Fax Number: . (619).. 9. Maximnm Annual l~.,ls.o ~ [ ~.10. ~ Duti(a The Coullty of San D~go, ]~lX,~'lz~nt of Environrao,~! I-I~.alth (I)EH) will provid~ ~rviges, del~iled in this agr~meat aa "D~fin~d Services - #10", that supplement tl~ Citi~ implcmznfa~ion of tl~ir flouaehold Hazar~ou~ Waste Elcra~nt of fl~ San Diego County Integrated Waste Management Plan. This irmludes all of tl~ following · Household Hazardous Waste Collcc~on · Operations of Perman~t Hou~hold Hazardoua Wa~l~ Collection Facilities Hou~hold Hazardous Waste Disposal · Hotli~e Services · Flous~hold Hazardous Was~ Reporfin~ · Hosting of ~ Regioml Household Toxics Commlo~c Thc DF~I will also off~ ~Addifional Services - #! !" which the City m~y E~hlbit A - Page 3 ' . . ~ ~ ~Ot ~ Se~l~S. , ~e~r~y ~rl~ Co~act0~ ~y pmvi~ so~ of ~ Defin~ S~ices provid~ by · c CiF. ~ D~ ~y c~e co~tors ~om ~ ~ t~ at i~ ~le di~on, a) Ho~old ~m W~e ~c D~ ~ o~te ~ll~tion evcn~ f~ ~ ~ ~ r~iv~ house~ ~o~ w~ ~om ~ pub~. U~s ~i~ ~t~ ~ ~ A~t~o~ ~i~, ~ D~ s~ ~y r~ive ho~hold ev~ W~r or ~t w~ ~ ~m a ~!~ so~. 1)~ D~ will ~1~ ~ ~l~m o~o~ pl~ for ~m~ or ~ ~fl~on e~. ~ o~ p~ ~1 ~ how ~fc~ p~, ~ s~ ~ ~, 2) ~ D~ will ~ ~mib~ for si~ ~ ~ ~ or ~ ~ho!d ~dous w~ ~fl~on evc~ ~at ~ D~ ~a~, b) Tem~ ao~oid n~==rdo~ W~ Co~n Even~ ~e D~ ~y ~id "o~y' or ~r~ ~ld b~rd~ w~ ~llecfi~ ~vc~, T~r~ Gol~ti~ eve~ ~y ~ 1~ to s~ific W~ of ~ld ~o~ w~te. U~n ~st of ~e Ci~. ~ a~er ~rov~ of ~ ~i~ Ho~c~ld Toxics ~mmi~, ~ D~ will sit~ wi&~ &e re~ion w~n ~ fl~ six ~ of~t ~ ~ssi~ of ~ ho~g ~ic~on, ~ provid~w~n ~ ~ ~ o~ ~ Diego Co~ ~o~. 2) ~ D~ ~l ~ ~ gc~mWr of ~1 t~ ev~ ~ ~1 ~ of ~ a~. 3) ~ ~st j~on wflh Extttbit .4 - Page 4 evaluatmn of th~ temporary event, r Council, City Mnnag~r, and other appr~mt~ ~'~f( mamt~mi.g a suitable location for the t~ev~nt. ...... ~ .............~pmvide adeqt~staff for traffic control during all hou~ of operation and one hour prior to the beginning of operations. .... ~ .................. oordmate with local fire and police authorities and arrange and provide for the cost of all necessary local fire and police ~ervtees for the event, if any. (c) nrovide for the costs of all ~ermitz and/or third-~at'ty gnvironmcntal review reouired by tl~ City. if any. orovide the Count,/with the City's en'.m'_oencv contineenc~ ~ for handlin~ abandoned was~ within City limitn orovide removal and tenmorarV ~ntalnm¢ot of househoM hazardous waste which has been Ic-ft at the collection during non-og~_ rational ham~ otovide the Sit~ Jocatinn free alKI el~-.)_r of any rental (monies~ a~reeme~: water lfftd utillele~: flash disposal e) Permanent Housd]oid ~[~,~oedons Waste Collection Facilities (~PIt]tWCF') The DE~I may Operate Pe~[tanent Household Hazardous Waste CoUection Facilities ('PHHWCF") That will be open to the public on Saturday (except certain holidays) between the hours of 9:00 a.m. and 3:00 p.m, or at a time and schedule determined by the DEli in consultation with the Ecgional Household Toxics Committee. Upon reouest of the City, and aDoroval of The Regional Household Toxics Committee. the DEH may locate in City',~ iurisdictinn and oeerate nermanent household hazArdOUS waste ~The DF.H shall obtain all necessary permits and permissions for the siting and operation of the permn __n~t household lumudous waste facility includln8 nay local land use or building permit. 1) The O]~I ota duly authorized contrnctor for the DEH will: (a) provide program adminiswatioo to oversee the operations of the PHHCWF. Tl~ae dutiea sl~ll include monthly inspections of the PHHWCF, overseeing contractor activities, and liaison between the contractor and the City. (b) :l:he-la~4-w~be responsible for cleanup of any relr. ases of ha?*rdous waste at facilities operated by the DEH. The ]:)EH will thc also be responsible for the cloeure of // ~ _~ VerSion asset ~ D~ in ~ pl~nino, dcvolo~aL ~ evaluat~n of ~ ~a~nf ~tli~. ~rovi~ i~o~.tlnn ~ ~ Ci~ C~iL Ci~ Manger, ~r a~ro~riam ~tes ~ oMer to p~de d~fion to DEH for id~fi~m a~ ~inmifling a sui~bl¢ l~Iion (c) ~M~ wi~ l~al fi~ ~ ~llce n,,th~riti¢~ a~ ~ am~de f~ ~ cost of ~ ~s~ l~ fire aM ~li,,, ~im for ~ fzJlJ~. (d) ~oviae ~r ~ ~ of ~1 ~B ~/or ~JM-~a~ ~ for ~li~ aha~o~ w~ Within ~W l~ ~d~ w~M WM~ ~ ~n ~ at ~ collection d) ~d~mW~~ ~e D~ ~ ~ovidc for ~ ~o~r ~ of MI ho~ld haT~rdou~ wa~t~ co~ ~ ev¢~ ~ld by ~ D~, or at ~fics ~ by dispoaM ~, was~ ~ ~ ~ ~fics of w~s ~t a~ a~ for d~al. 2) ~ D~ ~1 ~ resemble f~ ~ pro~ ~p~, so~Mg, id~fifi~fi~ p~hg, 1~I~ ~ ~ of ~y h~ehold ~M~s wasm ~iv~. e) H~ ~ · ~hibit A - Page 6 service shall be provJdcd a conjunctioa with other, em~vironmcntal y ~{~ {~ · x~ nervic~. ~ ~rvicc ~a~ provide u~ i,,rorm~tio,~/~ ~ { { % 1) Thc loc~ion and o~ra,~ hou..o.f temporary ~l ~e~Vm~.&-/- 3) Smtis~cs on b~ ~ier ~o~mfiou ~lu~, ~o~tion ~h~ to ~ep~ ~ ~t ~w ~u ~d~ m ~ers by marl for Household Hazardous Waste RelMrt~ Tho DEli shall provide various report~ and information necessary to assist thc City in m~fing its Household H~7~,rduus WaSt~ Elcment. T~ repouis shall include {he foilow/u{: 1) Qtlar~rly information regarding the type~ and quantities of household b~_?~__,'dous wasles c,o]]~cted by the D£H from the City's jurisdiction. Quarterly reports shall be due to the City forty-five (45) days followin~ the end of thc quart~. 2) Form 301{ for sub~_i__ssion by thc San Diego Resional Toxics Program to thc California Integrated Waste Management Board (CIWMB). In addition, thc DEH will assist tl~ City in the completion of Form 303. 3) An aunual report summarizing the DF./'I's program and summ~izing the types ~ma quantities of household hazardous waste collected by the DF.H in thc city's jurisdiction. Annual reports slmll be clue to thc City sixty (60) days following the end of tha fis~d year. a) Provide jurisdictional summaries of participant surveys and wastcstream collection on a monthly basis. Regiolla] i:[OllSellold Togk~ Committe~ The County shall ron-a ,,,,a host a Regional Household Toxics Committcc that shall meet at least quarterly and will distribute an agcnda and minutes of the mectinss to ail members. The mcmbership of ~e Committee will include r~prcscutarives fi-om each jurisdiction that enters into this agreement. All discussions conducted at thc Cormnltlce a~ advisory in nature and shah not be obligations of thc County or the City until formally confu-med as changes to this contra~t by th~ authorizcd persons. The followins are: the purposes of the committee. 1) For DEH to report to cities on the status of the Regional Household Toxics pro, ram. / ~-~J~ ~ Vermion $-27-98 l~hibit A 2)For the DEH to consult with City representatives regarding the ~rvic,~ provkled by IEe County. , 4) To ~i've aa th~ ~.~i~-t~n ¢ommm,~ for any nenotiated bv the DEN fer the Renlonal Hou,ehkk~T~oxies l:h'o~'rnm 11.1_2, Addiflonnl Services In addition to providing tbe Defined Servi~s, ~ Cit~ may request in writing that tbe DEH perform Additional Services related to the Del'reed Services. The DEH may agree to perform Additional Servi~s on a full cost recovery time and materials basis at th~ rotes set forth in Exhibit A aa #12, clause b). Tho~c Additional Services may include any of the following. n) Education Materials The DF_.H ~an provide educational materials including, but not limited to 1) yideo Ptv. -matinn , 2) Fact Sheets and Flyers, 3) Bilingual educational r~soutc~s and information, and/or 4) Certain n~dia and advertising services, which may include quar~rly news releases, Internet web site and artwork for local adv~rtlaements. b) Used Oil Recycling Servlcea ¢) Other RecTal In~ CondiflOnnHv ExamM ~-m~nll (~,unnt'~ C'-e-er-atar Prob.-am e) Temnornrv Hon~hold 14*n~*nrdnu~ 'Wa~t~ ,l~nll,m~fi~,n Events in additlelll · l&.,13. Rnte Schedule a) Pn~.leipation Costs 1) Tbe pa.icipation costs will be calculated .~l~L~.at a rate of $0.25 per "Occupied Housing Unhs~ in the jurisdiction that will be ga[culated usimt the most current oublished SANDAG informatioq: 2) The ho~ jurisdiction ~ebate will be Lflat rate of $2,700 ~er year. Exhibit A - Page 8 2) ~ c~, s~ u ~m~ or ~ provi~ by conUacto~ m ~ D~ ~11 ~ ~lly ~ov~r~ by ~o D~. !3.14. ~v~ ~d C~a~oa of C~ T~ D~ wffi ~i~ ~ Ci~ ~. ~ ~p ~om~on will ~ included wi~ ~ ~voi~ gi~ a b~do~ of ~ ~ bfll~ ~ ~ Ci~. a) ine~ p~ C~ for ~ ~o~ ~ To~ 1) ~c~tioa C~ will ~ ~lcu~ on ~ ~1 2) Cos~ ~ ~1~ ~fl~ ~i~ ~ pm~ ~ini~ion c~a. 3) Cos~ for ~ici~on w~ ~ ~a~ ~ ~ ~ S~ D~o ~o~ ~tim~ Tables by l~oa ~ ~ '~upi~ Hous~ U~' fi~s ~ ~ ~ nnm~r Of ~s~ ~ ~ ~ ~ion. 4)~ ~r of ~ ~ will ~ mulgp~ by ~ ~t~ c~blish~ ~ ~bit A 13.~ ~ ~le~~ 5) O~ q~ or ~ ~ic~on ~s~ w~ ~ b~ ~ ~r alons ~ ~l o~r ~. b) ~-~nlve~Ulatlon of' Costs for Temporal, Household Haznrdous Collection 1) Costs for each cvea~ will be calculated separately on a quarterly basis. 2) Disposal costs will include DEH slaff time directly asaociat~l wi~h t~nporary facilities, 3) Total disposal costs will be divided by th~ total mtmber of participants for that Event to dttcrmine the cost l~r participant rate. 4) Disposal cost~ will bc billed W the City basld on multiplying thc total number of participants from ~hc City by th~ cost per participant rate. e) Calculation nit Costs for Permanent Household Hazardous Waste Collection 1) Costs will be calculated on a quarterly basis. Erhibit A - Page 9 :2) Dispoaal c.o~la, will includ~ DEH mff ~ ~y ~a~ 3) To, I d~ ~ for ~ f~i, will, ~v~ m ~ ~o~1 ~ m de~ ~ eoa ~gip~t ram. 5) Est~t~ vouche~ coat fo~ ~e u~mino nuaner will ~ ~ panic~ ~m for ~ ~vio~ ou~. 6)~ DEH will calculate t~ ac~ v~her cos~ of ~ch aua~e~ si~l~ ~) days a~er ~ ~ of ~ ~ DEH will ~it or ~bit ~ ~ a~ v~c~ ba~ on ~v M~un~t ~tween a~ ~rlv cos~ and ~t~te~[ ~erlv d) C~ for ~ ~ Cost ~r Ad~o~ ~i~ wal ~ bm~ at ~ rotc s~ifi~ ~te ~e p~vi~ ~ ~s City of (City Name) And Tl~e County of $~n Diego For TI~ Regional Household Toxics Pl'ogtmm 1. Effective Date of A~e~m_. ent: 2. This agreement is between the: County of San Diego and the Cit~ of: City Name a municipal charted ¢ol~oration of t~ State of California. 3. Agreement Administrator for County: TIUe: Director Department: ~eat of l~nvlro~mental Health 4. Agreement &dmlnt~rator for the City: Title: Department: 5. Aweeme~t lt~pre~entattve for County: Ken Calvert Title: Chief Depa~nt: Department of I~nvlronmental Health 6. Agreement Representative for the City: Title: Departn~nt: E,r. hibit A - Page 2 P.O. Box 12 2 ~61) ~__~_~~112-9261 Phon~ Number: (619) 3382480 F~x Number: ~619) 3~17 8. ~ Con~ ~o~o~ Phon~ Number: ~.~19) Fax Number: (619) Ti~ County of San Diego, Depamne~ of l~vironmental Health (DEH) will provid~ ~ervic~s, detail~l in this a~ement as 'Dofu~d Services - #10", ~hat ~uppl~mont the Citie~ implemen~ion of their Household Hazardous Wast~ Element of the San Diego Coumy Integrated Waste M*~gement Plan, This includes all of fl~e foilowh~ s~'vices. . Household H~JrdottS W~te Collection · Opcratiom of Permimeat House. hold Hazardous Waste Collection Facilities Household Hazardous Wast~ Dis~ Hotline S~rvices · Household Hazardou~ Waste Reporting · Hosth~ of the Regloml Household Toxic~ Commiuee The DEli will also offer "Additional Services - #11* which the City may request. ~/o'sion lf~tdbit A - Page $ "Additional Service~# ~aat the DEli agre~ to prowde in wr~ .t~-~ s~atI ~ all of the obligations of the County under this ailteement.L -l~.j~.. nt ts n~t_ts not the services, Contractors may providc some of thc Defined Services provided by the DEH to the City. The DEli may chanSc contractors from time to time at its sole discretion. a) Household Hazardous W~nte Collection The DEH will operate collection events for the purpose of receiving household h~,ardous waste from the public. Unless otherwise agreed to in writing as an Additional Service, thc DEH _*_ha_!l 0nly ~:e, eive household hazardous waste from resident. The DEH shall have sol= discretion to evaluate wbetber or not waste is from a residential source. I) The DEH will develop and implemrnt operational plans for temporary or permanent collation events. Th~ operatin~ plan thnll detail how the DEll will con4)ly with reg,,Int,wy requimmnts and will include emergency contingency plans and procedures, worla:r health and 2) The DEH will be respouslble for site safety at ~ or pe~nt house, hold hazardous waste collection events that the Dt/H operates. b) Temporary Household Hazardous W~st, Collection Events The DEH may hold "otis-day" or teraporar~j household hn=nrdous waste collection events. Temporary collection events may be limited to sp~;/fic typc~ of hou~-e"~'mld h*~,n~loos waste, l~oon reauegt of the City. and after aoor~0val of the Regional Household Tox!c~ Committee. th~ DEH will ~hedulc and hold at least one {1~ "oxae-dav" event ncr fiscal year 0~e?inntne July 1 ~ endin~ Jih~e 30) ifa oermn~nt collection site is not sited within the renion within the f'tr~t six months of that fiscal '/ear. 1) Teanpotary collection evetRs will be beld only after obtaining the written permission of the hosting jurisdiction, nad providing written notice to all other San Diego County jurisdictiolB. 2) The DEH will be the genexator of all waste collected during the temporary event and will dhpose of the waste a~ pro'/ided in th~ 3) The ho~t jurisdiction will: lik. Mbit A - Page 4 ~ a sui~ l~on ~r ~ ~n~ol ~ ~1 ~ of o~fion ~ ~ hour p~or to ~ ~t~ of ~ratiom, ~li~ a~ti~ ~ ~ a~ p~ for ~ ~st of ~1 , ~rov~ f~ ~e ~l of all ~ ~/or ~ird-oa~v ~imml ~v~w ~u~ by ~ Ci~. if any. vwv~ ~ ~unW wi& ~ Ciw's ~rffe~v conti~cncv olan for ~ling a~n~ W~ within C~ l~i~ a~ p~vide ~val a~ *~ ~mi~nt of h~ehold haza~ wastc which ~ ~n lcR at ~ ~ll~tion rite provide ~ si~.l~flon. ~ ~ c~ of ~v ~1 ("P~WC~) Face,es ('~CF') ~ will ~ o~ w ~ ~bli~ oa Sa~y (e~pt Ho~b~ld To~ Commi~. U~n ~m*~*t of ~ Ciw. ~ avoroval of ~ ~o~ Ho~oho~ Toxics Comml-~. ~ D~ my l~am in City's i~ili~. ~ D~ ~1 ~ all ~s~ ~ ~ ~sio~ for ~lu~ ~y l~ l~ ~ or ~d~ ~. l) ~ D~ or a ~v ~-~d c~Wr for ~ DEKwill: (a) pmv~ prosr~ ~alion ~ ove~ ~e ~ratio~ of ~ ~. ~ ~s ~1 ~l~ ~n~y ~o~ of ~ P~. ov~ con,actor ~~ r~ib~ for cle~p of ~y rele~s of D~ ~l ~ ~so ~ ~i~e for ~ civic of F..r. hibit ,4 - Page $ pemu~t household haz~lous w~te siles operated by the~/~ ~h~ ~is s~d ~ e~..~.~cili~ (e) ~o~uct w~y ~~fio~, ~cr ~wvriate v=~i~ ~ ~der to ~vi~ diction D~ for !d~ri~ine ~ m~in~ a ~i~le l~ation f~ (c) ~tn~m wi& ~1 [~ a~ ~l~c au~r2~s and ~angc ~ pwvi~ for ~ co~ of all ~ 1~1 fire ~ ~licc (d) ~i~ for ~c c~ls of all ~ ~ envffon~m~l ~view ~ by ~ Ci~. if any. (e) prov~ ~ Counw wi~ ~ Ci~'s ~re~v con~ ~ for b,~lln= ab,~a~ ~ wi~ C~ 1~ pmv~ ~o~ ~ t~ ~!n~ of household ~==~o~ w~ which ~ ~n left at ~ D~ ~1 provide for ~ ~ d~l ~ ~ w~ ~fl~ ~ eve~ ~ld ~ ~ DBH. or at ~tic$ ~mt~ by ~c D~. For p~ of~o~ ~ d~, ~r d~. 1) ~ D~ ~1o~~ ~ ~ ~ w~ ~ ~y ~. sU~ or l~ ~-~o~ waste dis~sal or 1~ ~s w~ g~rator ~. 2) ~ D~ s~ll ~ ~s~mlblc for ~ pfo~r a~ep~, ~e~, ~, la~l~ ~ ~ of ~y ~e~ld ~z~r~ w~ ~iv~. e) (EXHIBIT E) Household Toxic Waste Funding Mechanisms Used by Other Jurisdictions Jurisdiction Source of Funding & Amount Carlsbad 2% AB 939 fee applied to all refuse bill customers Chula Vista Proposed 1% increase in AB 939 Fee 11 ¢ per household 65¢ per business multi-family Coronado Accrued savings from reduction in landfill tipping fees Del Mar Not Available El Cajon Franchise agreement includes all costs for one residential event per year Encinitas HHW fee: 21 ¢ per household & 7.6¢ per bin collection Escondido HHW fee of 24¢ per household, AB 939 Fee 21 ¢ per household Imperial Beach Accrued savings from reduction in the landfill tipping fees La Mesa Undetermined Lemon Grove AB 939 fee applied to residential National City Accrued savings from reduction in the landfill tipping fees Oceanside Franchise agreement includes all costs for two residential events per year Poway A 67¢ per household per month charge assessed single and multi-family households generates approximately $100,000 San Diego The program is paid for from fees assessed Landfill Tipping Fees San Marcos Undetermined Santee AB 939 Fee applied generally, may request increase depending on demand Solana Beach Not Available Vista General Fund and Grant Funds County A surcharge placed on the Allied landfill tipping fees of approximately $2.37 per ton to fund all solid waste diversion programs Some cities receive all or a portion of the revenue from the sale of materials and will use some of those revenues to pay a part of the cost for this program. Encinitas, Poway, San Diego and Vista have receive Used Oil Opportunity Grants and Household Hazardous Waste Grants that partially fund their programs. The grants were awarded to support the region. The County received a Used Oil Opportunity Grant that will help with the South Bay facility however, there application for a household hazardous waste grant was denied. The Conservation Coordinator will prepare a household hazardous waste grant application for Chula Vista and the South Bay jurisdictions in the next cycle. / (EXHIBIT E-l) ~ ~1;I- ~ - I~!-I~ II DRAFT Parks and Recreation Commission - 2 - June 10, 1998 Action Items 5. Unfinished Business a. Reorganization Plan - Parks, Recreation and Open Space Department Chairman Palma turned the meeting over to David Palmer to discuss this issue. Mr. Palmer explained that the Commissioners were asked to call a special meeting to advise Council of their opinions on the reorganization. The Council workshop on June 18 will review the reorganization as well as other issues. Director Palmer reviewed some changes that had been made to the Parks and Recreation reorganization report received by the Commissioners. The budget has been divided between the three divisions without a single dollar being lost. The Parks and Recreation Director's salary has been identified as a savings and will be used in balancing the City budget. No Parks and Recreation staff members will lose their jobs, although they have been reallocated to other Departments. Also, the Parkway Pool will remain open three months longer this summer and staff for the Otay Recreation Center will be hired three months before the facility opens to help plan programs and the grand opening. Further, the Parks and Recreation Commissions' duties to advise the City Council regarding Parks and Recreation matters, remain the same. MSC (Dennison/Rude 5-2) to accept the Library and Recreation Department Ordinance draft with the addition of the phrase, "provide appropriate staffing to the particular needs of the agenda". (Commissioners Helton and Radcliffe voted "no") (Both Helton and Radcliffe were of the opinion that Parks and Recreation had been a good department and did not need to be reorganized.) DRAFT ATTACHMENT C Minutes of a Special Meeting LIBRARY BOARD OF TRUSTEES JUNE 9, 1998 LIBRARY CONFERENCE ROOM 4:30 PM BOARD MEMBERS PRESENT: Chair Clover, Vice Chair Alexander, Trustees Charett, Valdovinos, Viesca and Student Member Pefia BOARD MEMBERS ABSENT: None CITY STAFF PRESENT: Library Director Palmer, Principal Librarian Paula Brown OTHERS PRESENT: Ignacio Valdovinos Vice Chair Alexander called the meeting to order. I. Reorganization of the Parks and Recreation Division Trustees reviewed the reorganization report at their May 27, 1998 meeting. Director Palmer reported that combining the Library and Recreation departments under one Director will allow both sides to streamline staff sent to various meetings and allow additional services to be offered by both divisions. Trustee Viesca asked if any options had been discussed if this merger did not work. Director Palmer replied that no steps had been taken that could not be reversed. He stated that he is committed to see that this merger works and that both the Library and the Recreation Divisions are well represented. Trustees were concerned about whether the Library would have to compete with Recreation for funds at budget time. Director Palmer reported that many recreation programs are paid for by users and the Department is moving toward full-cost recovery, whereas the Library is protected by State law and cannot charge for services. There may be competition for funds, but the divisions are funded from different locations. Trustee Viesca made a motion in support of the reorganization of the Parks, Recreation and Open Space Departments. Discussion followed. Library Board of Trustees - 2 - June 9, 1998 Assistant Chair Alexander voiced concerns that when Director Palmer moves on, his replacement may not be required to have an accredited ALA degree. (Chair Clover arrived at 4:52 pm) Trustee Charett stated that the reorganization should be reviewed on an regular basis to make sure that Librmy needs are protected. The motion was amended as follows: MSUC (ViescaJClover) that the Library Board supports the reorganization of the Parks, Recreation and Open Space Departments. The Library Board also supports that the Director of the Library/Recreation Department be required to have an ALA accredited degree. Trustees further reserve the right to review the progress of the reorganization on an annual basis and report their findings to the City Council. II. Library Facilities Master Plan Director Palmer reported that the Trustee's concerns were reviewed with the Library Master Plan consultant. The Library Board recommended that a .6 square foot requirement be adopted for new libraries at their last meeting. The Library Consultant feels that the City could not afford to build or maintain libraries at this level. She recommended changing the level for all new construction east ofi-805 to a .5 square foot factor. This factor would provide two 30,000 to 32,000 square foot libraries east of 1-805. In addition, the two new facilities would increase the city-wide factor to just under .6 square feet. Trustee Viesca asked that the record reflect that the Rancho del Rey facility be built with an eye toward expansion, if required. III. Communications A. Friends - None B. Public Comments - None C. Written Comments - None D. Board Comments - None IV. ADJOURNMENT - The meeting adjourned at 5:20 pm. The next Library Board of Trustees meeting will be held on June 24, 1998 at the South Chula Vista Library. FROM : PHONE NO. : ~un. 85 1998 02:27PM P2 EXHIBIT B BECA BOARD OF DIRECTORS MEETING ACTIONS TAKEN FOR JUNE 2, 1998 Attendance; Art Sellgren, Pat Barnes, Richard Clarke, Larry O'Donnell, Stewart Borle and Joe Monaco Absent: Frank Urtasun, Gustavo Bidart Quorum Verification: Yes Secretary: Richard Clarke Number 1 Item: BECA Articles of Incorporation and Bylaws Resolution: The Board of Directors approve the BECA Articles of Incorporation and Bylaws as presented and previously approved by the City of Chula Vista. Moved: Richard Clarke Second: Stewart Berie Action: Unanimously approved Number 2 Item: BECA Board Chairman Resolution: Art Sellgran be Chairman of the BECA Board of Directors. Moved: Stewart Bode Second: Richard Clarke Action: Unanimously approved Number 3 Item: BECA officers Resolution: Art Sellgren to be BECA's President, Stewart Bode to be CFO, Richard Clarke to be Secretary and Larry O'Donnell to be Executive Director. Moved: Stewart Bode Second: Richard Clarke Action: Unanimously approved Number 4 Item: Notification to California Secretary of State Resolution: The Executive Director shall fill out the required State of California forms showing the newly appointed BECA officers and mail to the State. Moved: Stewart Bode Second: Art Sellgren Action: Unanimously approved 1'2-2 FROM ~ PHONE NO. : Jun. 05 1998 02~28PM PG Number 5 Item: BECA corporate seal Resolution: The Board authorizes the Executive Director to obtain a corporate seal for the Board Secretary. Moved: Art Sellgren Second: Richard Clarke Action: Unanimously approved Number 6 Item: BECA's 1998-1999 Budget Resolution: Approve a $447,764 budget, staff to provide details at next BECA Board Meeting. Moved: Stewart Borie Second: Art Sellgren Action: Unanimously approved Number 7 Item: BECA Bank Account Resolution: The Board authorizes the Executive Director to: A. Select a bank for deposit of the corporation's funds. B. Authorize the CFO to establish the account and deposit funds therein, C. Authorize any officer, employee or agent of the corporation to endorse checks, drafts, and other evidences of indebtedness payable to the corporation for daposit in the corporation's account. D. Authorize selected bank to honor and pay all checks and drafts of the corporation signed as provided by the Bylaws. E. Resolve that this authority remain in force until revoked by the Board of Directors and until written notice of such revocation is received by the bank where the corporation's funds are'deposited. Moved: Art Sellgren Second: Stewart Borie Action: Unanimously approved Number 8 Item: Check Signing Authority and Limits Resolution: A. To limit the checks and notes which require two signatures to those which have a value of $5,000 or greater; and B. To empower the Executive Director and CFO of the corporation to sign for checks and notes which have a value less than $5,000, without need for a counter-signature. C. Limit the agreements which require a resolution of the Board of Directors to those contracts and instruments which have a value of $25,000 or greater. Moved: Stewart Bode Second: Art Sellgren Action: Unanimously approved FROM : PHONE NO. : Jun. 05 1998 02~28PM P4 Number 9 Item: BECA agreement with City of Chula Vista Resolution: BECA's Chairman of the Board is authorized to sign an agreement with The City of Chula Vista for operation of the BECA program as long as the agreement will be made available to all Board members prior to the execution of agreement. Moved: Ad Sellgren Second: Stewart Borie Action: Unanimously approved Number 10 Item: 501(c)(3) application for BECA Resolution: The Executive Director is authorized to submit all documents required to complete BECA's application through Coopers & Lybrand to the IRS. Moved: Richard Clarke Second: Stewart Bode Action: Unanimously approved Number 11 Item: Executive Director empowerment Resolution: The Board authorizes Larry O'Donnell as BECA's Executive Director to have the powers of the President pursuant to Article 6 of the Bylaws in its entirety. Moved: Art Sellgren Second: Stewart Bode Action: Unanimously approved AGREEMENT BETWEEN CITY OF CHULA VISTA AND THE BORDER ENVIRONMENTAL COMMERCE ALLIANCE FOR OPERATION OF THE CHULA VISTA BORDER ENVIRONMENTAL COMMERCE ALLIANCE BUSINESS INCUBATOR This AGREEMENT is entered into effective as of July 1, 1998, by and between the CITY OF CHULA VISTA, a chartered municipal corporation ("City") and THE BORDER ENVIRONMENTAL COMMERCE ALLIANCE, a Non-Profit Corporation ("BECA") with reference to the following facts: Recitals A. WHEREAS, effective February 15, 1995, the U. S. Department of Commerce, Economic Development Administration ("ERA") awarded the City a $2,000,000 grant for the Border Environmental Commerce Alliance ("BECA") Project/Award No. 07-49-04062 (the "ERA Grant"); B. WHEREAS, effective February 15, 1995, the California Trade and Commerce Agency ("CTCA") awarded the City a $100,000 Defense Adjustment Matching Grant for BECA (the "CTCA Grant"); C. WHEREAS, on March 3, 1998, the City Council of the City of Chula Vista authorized the formation of a non-profit corporation to administer the BECA Program ("Program"), for the purposes of alleviating the burden of local government in program administration, as well as increasing BECA's ability to raise private funds; D. WHEREAS, there are currently remaining EDA funds available to the City for the operation of the Program that are not directly transferrable to the non-profit; E. WHEREAS, the BECA non-profit corporation warrants and represents that it is sufficiently experienced and staffed to deliver Program services required hereunder in a timely and high quality manner; F. WHEREAS, BECA understands that it must comply with all provisions and guidelines, provided and referenced, necessary to comply with ErA and CTCA Grants, and other funding source requirements for BECA; NOW, THEREFORE, in consideration of the above Recitals, the mutual obligations set forth herein, and other valuable consideration, the receipt and sufficiency of which the parties hereby acknowledge, the City and BECA do hereby mutually agree as follows: 1. BECA's Duties. 1.1. General Duties. Except as otherwise provided herein, BECA shall be responsible for any and all actions necessary and appropriate in order to operate the Program at the Program Site. Such actions shall include, without limitation, furnishing all of the technical, administrative, professional and other labor, and all supplies, and other materials required to equip the facility as needed. Such actions shall be taken in strict accordance with the terms and conditions of the ErA Grant, any other City-approved funding sources, present or future, and this AGREEMENT. BECA facility shall be established and operated in accordance with the Articles of Incorporation and Bylaws of the BECA corporation: 1.2. Specific Duties and Milestones. BECA shall operate the Program with a principal office located at Building #52 of the B.F. Goodrich Aerospace Aerostructures Group campus at 477 Marina Parkway in Chula Vista, California 91910. BECA shall provide services to businesses and prospective business owners as provided for in the EDA grant and in the BECA Operational Plan. BECA will develop and implement the Program with the goals of assisting the San Diego region, including the City of Chula Vista, to diversify its economy, create a sustainable economic base, commercialize defense dependent firms and technologies, retain existing jobs, create new jobs, optimize cross-border trade relations, and facilitate cross-border environmental clean-up. The overall Scope of Work for BECA shall be the following: (a) Provide a one-stop environmental technology information clearinghouse centralizing access to all available information pertinent to environmental businesses and to all businesses desiring information concerning environmental technologies, environmental management, and environmental regulatory compliance assistance. Examples of information to be made available include federal laboratory research, information regarding technology transfer, financial resource referrals (ranging from environmental venture capital firms to government lending and grant programs), government contract opportunities, market research information (including international trade and specifically information on the Mexico market), pollution prevention and waste minimization technology information, matchmaker opportunities, and general community resources. (b) Provide direct delivery of in-depth, high quality, one-on-one, no-cost business consulting to BECA Program clients (i.e. business owners and representatives and prospective business owners) in the areas of environmental technology, environmental business development (including business management and planning, financial assistance, international trade, and market development assistance), environmental management, and environmental regulatory compliance assistance. The purpose of this assistance is to foster business growth, expansion, innovation, increased productivity, improved management, defense conversion, and job creation. (c) Provide direct consulting services to the tenants of the incubator, including business development services, patent/legal consulting services, technology development assistance, and financial consulting. (d) Sponsor and cosponsor specialized training activities and conferences focusing upon environmental business issues, environmental management techniques, and environmental regulatory compliance assistance. Provide industry-specific and topic-specific forums. (e) Disseminate pertinent information to businesses and business support groups. Such information shall be made available at the Program offices located at 477 Marina Parkway, Chula Vista, and to targeted regional, statewide and national businesses as part of an overall business outreach program. (f) Refer BECA clients to other service providers, including San Diego Technology Council partners, and other BECA partners, as appropriate. (g) Provide environmental regulatory compliance assistance via coordination with and/or referral to existing service providers including the Business Environmental Assistance Center (BEAC). 2/7-,,,/ (h) Identify and pursue U.S./Mexico border-oriented needs and opportunities related to environmental pollution prevention and clean-up, and energy conservation, and promote trade between U.S. environmental business and Mexico, targeting these opportunities. Enhance relationships with Mexico public and private consumers and decision-makers to facilitate increased cross-border trade. (i) Implement the Program as an integral part of the San Diego Regional Economic Conversion Program/San Diego Regional Technology Council. Provide general business assistance to Southbay and Chula Vista hightech businesses in cooperation with the San Diego High Tech Resource Center, and provide specialized assistance to the targeted environmental industry from throughout Chula Vista and San Diego County per the approved EDA grant and per the AGREEMENT between the City of Chula Vista and the City of San Diego. At a minimum, cooperative efforts shall include coordination with the San Diego Regional Technology Alliance, the San Diego High Technology Center, the San Diego World Trade Center, the San Diego Technology Seed Capital Fund, the San Diego Technology Incubator, and the City of San Diego Economic Development Services Department. (j) Coordinate consulting and technical assistance services with other public and private business support providers in order to leverage resources and avoid duplication. At a minimum, coordinate with all BECA partners identified in the EDA application and the BECA Operating Plan, including but not limited to California Trade & Commerce Agency, California Environmental Protection Agency, California Energy Commission, Southwestern College Small Business Development/International Trade Center, U.S. Department of Commerce, U.S. Environmental Protection Agency, the California Business Incubator Network, Business Cluster Development, California Environmental Business Council, California Environmental Technology Advisory Council, California Environmental Technology Center, the San Diego County Pollution Prevention Program, UCSD CONNECT, and UCSD and SDSU environmental technology and international trade programs. (k) Utilize volunteers, interns (including Southwestern College and Sweetwater Union High School District), Iow cost private consultants and specialized professional resources in delivering Program services. Proactivety seek Chula Vista-based resources to meet and fill these roles. (I) In addition to the formal BECA Boards and Committees, involve private sector environmental businesses, including Chula Vista-based companies, as possible and appropriate, in the development and implementation of the Program. (m) Develop and implement screening procedures for determining the needs of the individual BECA Program client and for determining the appropriate service provider, including BECA staff and/or other BECA partners. (n) Develop recommended guidelines for charging fees for services and a related fee schedule. Develop a recommended screening mechanism for determining which clients will be required to pay these fees. (o) Take the leadership role in establishing a Consultant Pool for use by BECA clients. Identify the types of consultants to be included in this pool as well as the process for selection of consultants (individuals and/or firms). Establish policy guidelines regarding the use of outside consultants (the consultant pool) by BECA clients, including associated fees and prioritization of access. Execute agreements with the consultants to be included in this pool stipulating their cost (pro bono, market or below market rate) and availability. (Examples of such consultants include accountants, engineers, attorneys, customs brokers.) These consultants should be used only to provide specialized services not available from BECA staff. Ensure that Chula Vista-based consultants are sufficiently notified of opportunities for participation in the Program and consultant pool. (p) Develop a Strategic Plan to identity opportunities to pursue innovative joint venture projects with the state and/or federal government, as well as private organizations and business consortiums. Target and pursue opportunities to establish state and/or federal BECA-related Pilot Programs in Chula Vista and the Southbay, including the City's proposed BECA Demonstration Zone (providing a model program for offering financial incentives to environmentally friendly companies utilizing sustainable technologies). (q) Program Reporting Requirements i. BECA is responsible for submitting reports to the City in accordance with EDA standards, the terms of the EDA Grant, and the terms of this Agreement. All reports should be prepared using the U.S. Department of Commerce, Economic Development Administration "Guidelines For Preparing Final Reports" attached and referenced as Attachment 4 of the Special Award Conditions of Financial Assistance Award for Title IX Adjustment Implementation Projects (see "Guidelines", Exhibit B). In accordance with the requirements of the Economic Development Administration, BECA shall prepare the following reports: I DUE I DUE TO REQUIRED REPORTS DESCRIPTION TO CITY EDA 1. WORK SCHEDULE AND Operating Budget, Program milestones and a 7/30/98 8/15/98 STATEMENT OF ACCOUNTING detailed accounting system. SYSTEM ADEQUACY 2. QUARTERLY AND ANNUAL Progress Report: A narrative discussion of PROGRESS AND FINANCIAL program accomplishments made during the REPORTS quarter. Financial Report: A line item justification for all expenditures made during the quarter. YEAR ONE Quarter 1 (7/1/98 to 9/30/98) 10/15/98 11/15/98 Quarter 2 (10/1/98 to 12/31/98) 1/15/99 2/15/99 Quarter 3 (1/1/99 to 3/31/99) 4/15/99 4/30/99 Quarter 4 (4/1/99 to 6/30/99) 7/15/99 7/31/99 Annual 3. DRAFT FINAL (CLOSE-OUT) Discussion of the accomplishments and 7/15/99 N/A REPORT shortfalls which occurred during the life of the Agreement. A line item transaction history, and discussion of accounts for which a transfer in or out of that account took place. 5. FINAL (CLOSE-OUT) REPORT Same as above. 7/31/99 8/15/99 (a) BECA agrees to maintain records documenting services performed and cooperative agreements for periodic monitoring and auditing. BECA agrees to input all counseling and training information in a timely fashion, insuring inclusion of the cumulative data in the pertinent quarterly report to the City. i. AGREEMENTS for Cooperative Services AGREEMENTS, cooperative agreements and participation agreements for each cooperative service provider. ii. BECA Board and Committee Membership Information Name, address, telephone number and background for each member on the Board or Technical Advisory Committees. iii. Required Reports All reports that may be requested by the City, EDA, or other funding source. iv. Standards of Conduct Agreements BECA will maintain a file that contains a standards of conduct code or agreement signed by each employee and volunteer per EDA requirements. The written code or standards must contain a conflicts of interest policy covering all BECA employees and volunteers. 1.3. Compliance With Fundin,q Requirements. BECA agrees to be subject to and shall be responsible for compliance with alt applicable Federal, State and local laws and regulations and all terms and conditions of the EDA and CTCA Grants including, without limitation, the following: (a) the U.S. Department of Commerce Special Award Conditions of Financial Assistance Award for Title IX Adjustment Implementation Projects under Section 903 of the Public Works and Economic Development Act of 1965, as Amended. (b) the U.S. Department of Commerce Financial Assistance Standard Terms and Conditions, including, without limitation, any and all provisions contained therein regarding non- discrimination, maintenance of a drug-free workplace, lobbying restrictions, and specific provisions regarding subcontractors and subcontracts; (c) Office of Management and Budget (OMB) Circular A-87, Cost Principles for State and Local Governments; (d) 15 Code of Federal Regulations (CFR) Part 24, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments; (e) 15 CFR Part 29a, Audit Requirements for State and Local Governments; (f) EDA Nonconstruction Terms and Conditions; (g) Executive Order 12549, "Debarment and Suspension" and implementing regulations published at 15 CFR Part 26, Subparts A through E, "Governmentwide Debarment and Suspension (Nonprocurement)"; (h) Section 319 of Public Law 101-121, which added Section 1352, regarding lobbying restrictions, to Chapter 13 of Title 31 of the United States Code as implemented at 15 CFR Part 28, "New Restrictions on Lobbying"; (i) Terms and conditions expressed in the CTCA standard agreement C94-0222; (j) Local regulations and land use controls; (k) 15 CFR Part 8 Guidelines for nondiscrimination; and (I) Any and all other laws, rules, regulations, terms and conditions referred to in the above- described documents, set forth elsewhere in this AGREEMENT, or otherwise applicable hereto. BECA acknowledges and agrees that in the event that the EDA or the City finds and determines that BECA has failed to comply with the above-described requirements, reimbursements for costs incurred by BECA pursuant to this AGREEMENT or otherwise in connection with the Program may be disallowed; amounts disallowed for reimbursement would then become the sole cost and responsibility of BECA and BECA would be subject to the additional remedies set forth in Section 10 hereof. BECA waives any and all claims against the City and the EDA in the event of such a disallowance. 1.4. Expenditures; Financial Reporting and Audit Requirements. (a) Expenditures. BECA shall make expenditures in strict accordance with the EDA Grant, and approved budget. BECA is responsible for planning expenditures and services to ensure that reimbursement requests for services provided do not exceed the maximum amounts provided in either the approved EDA budget or the Program Revenue Budgets, as applicable. BECA is responsible for fiscal management of Program revenue. All accounting systems and procurement practices shall be consistent with federal guidelines as stated in OMB Circulars A-110 and A-122. A travel expense policy, a specific budget for out-of-town travel, describing anticipated travel and conference expenditures, shall be submitted to the City and approved by the City and EDA, prior to such expenditures. If no such travel policy is approved by the City, BECA must follow the prevailing Federal Travel Regulations, as provided by EDA. (b) Other Funding Sources. If BECA receives additional funding for the purposes of funding its duties under this AGREEMENT from a source or sources other than the EDA or CTCA Grants, the use of which requires that BECA make an accounting to or be subject to an audit by such other source, BECA shall charge expenditures to the appropriate funding source at the time incurred. It is expressly understood by BECA that any cost incurred in connection with the Program which is properly chargeable to and actually claimed for compensation under a funding source other than the EDA or CTCA Grants shall not be allowed as a chargeable EDA cost under this AGREEMENT. (d) Federal Participation Disclosure. For any acquisition of goods or services (including construction services) for the BECA project, in accordance with Section 623 of Public Law 102-141, BECA agrees to: (1) Specify in any announcement of the awarding of the contract for the procurement of the goods and services involved (including construction services) the amount of Federal funds that will be used to finance the acquisition; and (2) express the amount announced as a percentage of the total cost of the planned acquisition. (e) Audits; Reports. Under the Single Audit Act of 1984 (PL 98-502) pertaining to recipients of Federal funds, BECA must conduct an annual audit in accordance with Federal Office of Management and Budget (OMB) Circulars A-133 or A-128, and with Department of Commerce regulations issued pursuant thereto at 15 CFR Part 29a and Part 29b, as applicable. BECA shall provide the City with three copies of the BECA organization-wide annual audit report within 30 days of it's completion. BECA is responsible for, preparing and submitting additional reports to the City in accordance with EDA standards, the terms of the EDA and CTCA Grants, and the terms of this AGREEMENT. These reports include those delineated in the Scope of Work, Exhibit A of this AGREEMENT. All such reports are due to the City 15 days prior to the EDA or other funding source due date to allow the City sufficient time to review and forward them to EDA. 1.5. Insurance BECA represents that it and its agents, staff and subconsultants employed by it in connection with the services required to be rendered, are protected against the risk of loss by the following insurance coverages, in the following categories, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or shall meet with the approval of the City: (a) Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in the amount of $1,000,000, where applicable (applies to Consultants with more than one employee). (b) Commercial General Liability Insurance including Business Automobile Insurance coverage in the amount of $1,000,000, combined single limit applied separately to each project away from premises owned or rented by BECA, 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 and BECA in the same manner as members of the general public ("Cross-liability Coverage"). 1.6. Proof of Insurance Coverage. (a) Certificates of Insurance. BECA shall demonstrate proof of coverage herein required, prior to the commencement of services by either BECA or its subconsultants, by delivery of Certificates of Insurance demonstrating same to the City, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. (b) Policy Endorsements Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under BECA's Commercial General Liability Insurance Policy, BECA shall deliver a policy endorsement to the City demonstrating same, which shall be reviewed and approved by the City's Risk Manager. 1.7. Provisions Pertaining To Acquisition, Maintenance, and Ownership of Furniture & Equipment. BECA is responsible for negligent damage to furniture and equipment purchased with EDA, CTCA, or other funds for use in connection with the operation of the Program. BECA is obligated to keep furniture or equipment in good condition, subject to reasonable wear and tear, and to make all necessary repairs and adjustments, without qualification, while the furniture or equipment is in the care, custody and control of BECA. Lost, stolen, or damaged property must be reported to the City within 5 working days of discovery of such loss or damage. The report shall contain a description of the events leading to the loss or theft, plans to prevent a reoccurrence and in the case of theft, a copy of the police report. The City shall retain ownership interest in any furniture and equipment purchased in whole or pad with EDA, CTCA, or other Program funds. In the event of termination or expiration of this agreement, such furniture and equipment shall be delivered to the City, unless: (a) the agreement is renewed and the City agrees to the continued use of the furniture and/or equipment by BECA; (b) BECA requests and receives approval to reimburse the City for the EDA, State, or other funds used to purchase the furniture and equipment; or (c) the City releases ownership interest in the furniture and equipment in accordance with City policy. If BECA reimburses the City for the funds used to purchase the furniture and equipment, the amount will be the fair market value as determined by City policies and guidelines. 8 2. Duties of the City 2.1. Contract Administration; Consultation and Cooperation with the City (a) The City Manager or his designee shall have compliance oversight of BECA's activities as required by this AGREEMENT. As of the date of this AGREEMENT, the City Manager's designee is Joseph Monaco, Environmental Projects Manager. However, the Manager may withdraw or change the designation by providing effective notice to BECA, without in any respect affecting the terms of this AGREEMENT. The designated EDA Grant representative shall have equal monitoring responsibilities of BECA's activities as determined by the EDA monitoring policies and regulations. The City is responsible for reviewing and approving all reports required under EDA standards, the terms of the EDA Grant, and the terms of this AGREEMENT. (b) City shall regularly consult BECA for the purpose of reviewing BECA's performance of its obligations hereunder 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 BECA throughout the term of the AGREEMENT. 2.2. Reimbursement (a) City's Role. City shall act as a conduit for the reimbursement to BECA of any and all reimbursement payments due, payable and allowed by the EDA, California Trade and Commerce Agency, and/or other funding source, as appropriate, and by the City, pursuant to the terms of the EDA Grant and this AGREEMENT. (b) Maximum Reimbursement. The maximum reimbursement amount available to BECA under the EDA and CTCA Grants is four hundred fifty thousand ($450,000). (c) Interim Monthly Advances. The City shall make interim monthly advances against the total contract amount in twelve (12) increments of $37,500 totalling the $450,000 maximum compensation amount. Any payments made hereunder shall be considered as interest free loans which must be returned to the City if the Phase is not satisfactorily completed, and/or if expenditures are disallowed by EDA. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. (d) Method of Reimbursement. BECA shall be reimbursed by the City for reimbursable expenditures under the Approved Budget following (1) the determination of satisfactory performance of the duties under this AGREEMENT related to those expenditures by the EDA and the City, and (2) City's receipt and approval of an invoice which satisfactorily details such expenditures. All billings submitted by BECA 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. In no event shall BECA request reimbursement from the City for obligations entered into or for costs incurred prior to July 1, 1998. Prior to the first disbursement, BECA shall provide the following documentation to City as applicable: (1) Articles of Incorporation; (2) By-laws; (3) List of Board of Directors and Addresses; (4) Certificate of Good Standing from Secretary of State; (5) Federal Combined Certification; and (6) U. S. Department of Commerce Form CD-346 "Application for Funding Assistance". Thereafter, BECA shall submit a reimbursement invoice in triplicate each quarter, but no more frequently. The invoice shall include the federal "Request for Advance or Reimbursement" Form 270. The City shall reimburse BECA in a timely manner following the receipt of a properly documented invoice. All eligible reimbursable expenditures pursuant to the per[ormance of this AGREEMENT shall conclude as of June 30, 1999 or such earlier date that the EDA Grant expires, or that the City terminates the AGREEMENT. The invoice containing the final costs to be reimbursed by the City from EDA funding shall be identified as the "Final EDA Invoice". The final EDA invoice shall be delivered to the City not more than (30) calendar days after the expiration or termination of this agreement (i.e. 30 days after June 30, 1999 or after prior termination by the City). Twenty five percent (25%) of the maximum reimbursable amount will be withheld to be disbursed in the following manner: (1) fifteen percent (15%) of the amount shall be disbursed upon receipt and approval of the draft Final Report and any other outstanding reports by the City and EDA (the draft Final (Close-Out) Report is due July 31, 1999); (2) ten percent (10%) of the amount shall be disbursed upon the receipt and approval by the City and EDA of the Final (Close-Out) Report, and the Final Financial Statement. 3. Administration of Contract. Each party designates the individuals ("Contract Administrators") indicated, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this AGREEMENT. City: Joseph Monaco Environmental Projects Manager 276 Fourth Avenue Chula Vista, CA 91910 BECA: Michael L. O'Donnell Executive Director BECA 477 Marina Parkway Chula Vista, CA 91910 4. Term; Ri,qht to Terminate. 4.1. Term. The term of this AGREEMENT shall commence on July 1, 1998 and shall expire on June 30, 1999 unless (a) otherwise extended by the mutual agreement of the parties hereto; or (b) earlier terminated as provided herein or otherwise provided by law. 4.2. Termination of AGREEMENT for Cause by City. If, through any cause, BECA shall fail to fulfill in a timely and proper manner BECA's obligations under this AGREEMENT, or if BECA 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 BECA 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, repods and other materials prepared by BECA shall, at the option of the City, become the property of the City, and BECA shall be entitled to receive just and equitable compensation for services provided to clients and 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 BECA's breach. 4.3. Termination of AGREEMENT for Cause by BECA. If, through any cause, the City fails to fulfill in a timely and proper manner the City's obligations under this AGREEMENT, or if the City shall violate any of the covenants, agreements or stipulations of this AGREEMENT, BECA shall have the right to terminate this AGREEMENT by giving written notice to the City of such termination and specifying the effective date thereof. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by BECA shall, at the option of the City, become the property of the City, and BECA shall be entitled to receive just and equitable compensation for services provided to clients and 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 BECA's breach. 4.4. Termination of AGREEMENT for Convenience City may terminate this AGREEMENT at any time and for any reason, by giving specific written notice to BECA 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, BECA shall be entitled to receive just and equitable compensation for services provided to clients and satisfactory work completed on such documents or other materials to the effective date of such termination. BECA hereby expressly waives any and all claims for damages or compensation arising under this AGREEMENT except as set forth herein. 5. Financial Interests of BECA. 5.1. Decline to Participate. BECA shall not make, or participate in making or in any way attempt to use BECA's position to influence a governmental decision in which BECA knows or has reason to know BECA has a financial interest other than the compensation promised by this AGREEMENT. 5.2. Search to Determine Economic Interests. BECA warrants and represents that BECA has diligently conducted a search and inventory of BECA's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that BECA does not, to the best of BECA's knowledge, have an economic interest which would conflict with BECA's duties under this AGREEMENT. 5.3. Promise Not to Acquire Conflicting Interests. BECA further warrants and represents that BECA 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. 11 5.4. Duty to Advise of Conflictinq Interests. BECA further warrants and represents that BECA will immediately advise the City Attorney of City if BECA learns of an economic interest of BECA's which may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. 5.5. Specific Warranties Aqainst Economic Interests. BECA warrants and represents that neither BECA, nor BECA's immediate family members, nor BECA's employees or agents ("BECA Associates") presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of this AGREEMENT Services, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of this AGREEMENT, ("Prohibited Interest"), other than as disclosed to City in writing. BECA further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to BECA or BECA Associates in connection with BECA's performance of this AGREEMENT. BECA promises to advise City of any such promise that may be made during the Term of this AGREEMENT, or for 12 months thereafter. BECA agrees that BECA 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. BECA may not conduct or solicit any business for any party to this AGREEMENT, or for any third party which may be in conflict with BECA's responsibilities under this AGREEMENT, except with the written permission of City. 6. BECA to Indemnif'¢ City. BECA shall defend, indemnity, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys' fees) arising out of the conduct of BECA, or any agent or employee, subcontractors, or others in connection with the execution of the work covered by this AGREEMENT including, without limitation, any and all conduct at or around the Program Site, but excluding matters caused by City's willful misconduct or sole negligence. BECA'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, BECA 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. BECA's indemnification of the City shall not be limited by any prior or subsequent declaration by BECA. 7. Assi,qnability. The services of BECA are personal to the City, and BECA shall not assign, subcontract or delegate any interest or obligation in this AGREEMENT, without prior written consent of City and the EDA which may be granted or withheld in City's and EDA's sole discretion. Any attempt to assign, subcontract or delegate without such approval shall be null and void. 8. 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 BECA 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. 9. Independent Contractor. City is interested only in the results obtained and BECA 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 BECA's work products. BECA and any of the BECA'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 BECA shall be solely responsible for the payment of same and shall hold the City harmless with regard thereto. 10. Defaults and Remedies. (a) In General. In the event BECA defaults in its obligations hereunder, City shall be entitled to pursue any and all remedies provided at law or in equity. Specifically, and without limiting the generality of the foregoing, BECA acknowledges and agrees that the City may, its option, withhold disbursement of any award funds if such party learns, or has knowledge, that BECA has failed to comply in any manner with any provision of the EDA Grant or this AGREEMENT. Such funds may be withheld all or in part until the default has been corrected to the City's satisfaction. BECA further agrees to reimburse the City (or the EDA, as appropriate) for any ineligible costs which were paid from award funds, or if BECA fails to reimburse the City, the City shall have the right to offset the amount of such ineligible costs from any undisbursed funds held by the City. (b) Meet and Confer. Upon request by City, BECA shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this AGREEMENT. (c) 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. 11. Restrictions on Lobbyinq. BECA shall submit prevailing EDA required disclosures and certifications regarding restrictions on lobbying, currently Form CD-512. BECA is subject to Section 319 of Public Law 101-121. BECA is generally prohibited from using Federal funds for lobbying the Executive and Legislative Branches of the Federal Government in connection with the EDA Grant. BECA shall file a "Certification Regarding Lobbying" and if applicable a "Disclosure of Lobbying Activities" with fifteen (15) days following the end of each calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form, previously filed by BECA. 12. Purchase Orders And Subcontracting Provisions. BECA is encouraged to take advantage of vendor discounts whenever possible and to utilize the services of small, minority or women-owned businesses and disabled veteran-owned businesses when subcontracting for goods and services. BECA is entitled to make use of its own staff and such subcontractors as are mutually acceptable to BECA and the City. All agreements between BECA and the subcontractor are subject to approval of the city. BECA shall utilize and satisfy the purchasing requirements contained with the Code of Federal Regulations (CFR) Part 24, subpart C, section 24.36 Procurement, hereto attached as Exhibit E. 13. Minority, Women and Disabled Veteran-Owned Business Enterprise Participation Goals. As required in all State contracts, by the Public Contract Code Section 100115, participation goals of 15% of the contract amount subcontracted to Minority Business Enterprises (MBEs) 5% to Women Business Enterprises (WBEs) 3% to Disabled Veteran Business Enterprises (DVBEs) for services, equipment or supplies. BECA shall either: (a) meet the Minority and Women Business Enterprises (M/WBE) participation goals, and Disabled Veteran Business Enterprises (DVBE) participation goals, and submit certification of M/WBEs and DVBEs to the City, or (b) demonstrate good faith efforts, to the satisfaction of the City and State. 14. Miscellaneous. 14.1 BECA Not Authorized to Represent City. Unless specifically authorized in writing by City, BECA shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. 14.2. BECA is Real Estate Broker and/or Salesmen. BECA represents that neither BECA, nor their principals are licensed real estate brokers or salespersons. 14.3. 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. 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, and that all resolutions or other actions have been taken so as to enable it to enter into this AGREEMENT. 14.6. Governing LawNenue. This AGREEMENT shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this AGREEMENT shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this AGREEMENT, and performance hereunder, shall be the City of Chula Vista. 14.7 No Third Party Beneficiaries. There shall be no third party beneficiaries to the terms of this AGREEMENT. 14.8 Subordination to Economic Development Administration The AGREEMENT shall be and remain subject to terms, covenants, and guidelines of the Economic Development Administration. In the event of any conflict or inconsistency, the provisions, terms and conditions required by the Economic Development Administration shall prevail. (end of page, next page is signature page) Signature Page to Agreement between City of Chula Vista and BECA for Operation of the Chula Vista Border Environmental Commerce Alliance Business Incubator IN WITNESS WHEREOF, City and BECA have executed this AGREEMENT thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dated: , 1998 City of Chula Vista David D. Rowlands, City Manager Approved as to form: John M. Kaheny, City AEorney Dated: , 1998 BECA By: [name of person, title] By: [name of person, title] AGREEMENT BETWEEN CiTY OF CHULA VISTA AND THE BORDER ENVIRONMENTAL COMMERCE ALLIANC-¢ FOR OPERATION OF THE CHULA VISTA BORDER ENVIRONMENTAL COMMERCE ALLIANCE BUSINESS INCUBATOR This AGREEMENT is entered into effective as of July 1, 1998, by and between the CiTY OF CHULA VISTA, a chartered municipal corporation ("City") and THE BORDER ENVIRONMENTAL COMMERCE ALLIANCE, a Non-Profit Corporation ("BECA") with reference to the following facts: Recitals A.. WHEREAS, effective February 15, 1995, the U. S. Department of Commerce, Economic Development Administration ("EDA") awarded the City a $2,000,000 grant for the Border Environmental Commerce Alliance ("BECA") Project/Award No. 07-49-04062 (the "EDA Grant"); B. WHEREAS, effective February 15, 1995, the California Trade and Commerce Agency ("CTCA") awarded the City a $100,000 Defense Adjustment Matching Grant for BECA (the "CTCA Grant"); C. WHEREAS, on March 3, 1998, the City Council of the City of Chula Vista authorized the formation of a non-profit corporation to administer the BECA Program ("Program"), for the purposes of lessening the burdens of government of the City of Chula Vista increasing BECA's ability to raise private funds; D. WHEREAS, there are currently remaining EDA funds available to the City for the operation of the Program that are not immediately transferrable to the non-profit; E. WHEREAS, the BECA non-profit corporation represents that it is sufficiently experienced and staffed to deliver Program services required hereunder in a timely and high quality manner; F. WHEREAS, BECA understands that it must comply with all provisions and guidelines, provided and referenced, necessary to comply with EDA and CTCA Grants, and other funding source requirements for BECA; NOW, THEREFORE, in consideration of the above Recitals, the mutual obligations set forth herein, and other valuable consideration, the receipt and sufficiency of which the parties hereby acknowledge, the City and BECA do hereby mutually agree as follows: 1. BECA's Duties. 1.1. General Duties. Except as otherwise provided herein, BECA shall be responsible for any and all actions necessary and appropriate in order to operate the Program at the Program Site. Such actions shall include, without limitation, furnishing all of the technical, administrative, professional and other labor, and all supplies, and other materials required to equip the facility as needed. Such actions shall be taken in strict accordance with the terms and conditions of the EDA Grant, any other City-approved funding sources, and this AGREEMENT. BECA facility shall be established and operated in accordance with the Articles of Incorporation and Bylaws of the BECA corporation: 1.2. Specific Duties and Milestones. BECA shall operate the Program. BECA's current principal office is located at Building #52 of the B.F. Goodrich Aerospace Aerostructures Group campus at 477 Marina LSarkway in Chula Vista, California 91910. BECA shall provide services to businesses and prospective business owners as provided for in the EDA grant and in the BECA Operational Plan. BECA will develop and implement the Program with the goals of assisting the San Diego region, including the City of Chula Vista, to diversify its economy, create a sustainable economic base, commercialize defense dependent firms and technologies, retain existing jobs, create new jobs, optimize cross-border trade relations, and facilitate cross-border environmental clean-up. The overall Scope of Work for BECA shall be the following: (a) Provide a one-stop environmental technology information clearinghouse centralizing access to available information pertinent to environmental businesses and to all businesses desiring information concerning environmental technologies, environmental management, and environmental regulatory compliance assistance. (b) Provide direct delivery of in-depth, high quality, one-on-one, subsidized business consulting to BECA Program clients (i.e. business owners and representatives and prospective business owners) in the areas of environmental technology, environmental business development (including business management and planning, financial assistance, international trade, and market development assistance), environmental management, and environmental regulatory compliance assistance. The purpose of this assistance is to foster business growth, expansion, innovation, increased productivity, improved management, defense conversion, and job creation. Sponsor and cosponsor specialized training activities and conferences focusing upon environmental business issues, environmental management techniques, and environmental regulatory compliance assistance. Provide industry-specific and topic-specific forums. (d) Disseminate pertinent information to businesses and business support groups. Such information shall be made available at the Program offices located at 477 Marina Parkway, Chula Vista, and to targeted regional, statewide and national businesses as part of an overall business outreach program. (e) Refer BECA clients to other service providers, including San Diego Technology Council partners, and other BECA partners, as appropriate. (f) Provide environmental regulatory compliance assistance via coordination with and/or referral to existing service providers including the Business Environmental Assistance Center (BEAC). (g) Identify and pursue US/Mexico border-oriented needs and oppor[unities retated to environmental pollution prevention and clean-up, and energy conservation, and promote trade between U.S. environmental business and Mexico, targeting these opportunities. Enhance relationships with Mexico public and private consumers and decision-makers to facilitate increased cross-border trade. (h) Implement the Program as an integral part of the San Diego Regional Economic Conversion Program/San Diego Regional Technology Council. Provide general business assistance to Southbay and Chula Vista high/tech businesses in cooperation with the San Diego High Tech Resource Center, and provide specialized assistance to the targeted environmental industry from throughout Chula Vista and San Diego County per the approved EDA grant and per the AGREEMENT between the City of Chula Vista and the City of San Diego. (i) Coordinate consulting and technical assistance services with other public and private business support providers in order to leverage resources and avoid duplication. Coordinate with all BECA partners identified in the EDA application and the BECA Operating Plan. (j) To the greatest extent practicable, utilize volunteers, interns (including Southwestern College and Sweetwater Union High School District), consultants and specialized professional resources in delivering Program services. Proactive[y seek Chula Vista-based resources to meet and fill these roles. (k) In addition to the formal BFCA Boards and Committees, involve private sector environmental businesses, including Chula Vista-based companies, as 2ossible and appropriate, in the development and implementation of the Program. (I) Develop and implement screening procedures for determining the needs of the individual BECA Program client and for determining the appropriate service provider, including BECA staff and/or other BECA partners. (m) Develop recommended guidelines for charging fees for services and a related fee schedule. Develop a recommended screening mechanism for determining which clients will be required to pay these fees. (n) Take the leadership role in establishing a Consultant Pool for use by BECA clients. Identify the types of consultants to be included in this pool as well as the process for selection of consultants (individuals and/or firms). Establish policy guidelines regarding the use of outside consultants (the consultant pool) by BECA clients, including associated fees and prioritization of access. Execute agreements with the consultants to be included in this pool stipulating their cost (pro bono, market or below market rate) and availability. (Examples of such consultants include accountants, engineers, attorneys, customs brokers.) These consultants should be used only to provide specialized services not available from BECA staff. Ensure that Chula Vista-based consultants are sufficiently notified of opportunities for participation in the Program and consultant pool. (o) Develop a Strategic Plan to identify opportunities to pursue innovative joint venture projects with the state and/or federal government, as well as private organizations and business consortiums. Target and pursue opportunities to establish state and/or federal BECA-related Pilot Programs in Chula Vista and the Southbay, including the City's proposed BECA Demonstration Zone (providing a mode[ program for offering financial incentives to environmentally friendly companies utilizing sustainable technologies). (p) Program Reporting Requirements i. BECA is responsible for submitting reports to the City in accordance with EDA standards, the terms of the EDA Grant, and the terms of this Agreement. All reports should be prepared using the U.S. Department of Commerce, Economic Development Administration "Guidelines For Preparing Final Reports" attached and referenced as Attachment 4 of the Special Award Conditions of Financial Assistance Award for Title IX Adjustment Implementation Projects (see "Guidelines", Exhibit B). In accordance with the requirements of the Economic Development Administration, BECA shall prepare the following reports: 3 I DUE I DUE TO REQUIRED REPORTS DESCRIPTION TO CITY EDA 1. WORK SCHEDULE AND Operating Budget, Program milestones and a 7/30/98 8/15/98 STATEMENT OF ACCOUNTING detailed accounting system. SYSTEM ADEQUACY 2. QUARTERLY AND ANNUAL Progress Report: A narrative discussion of PROGRESS AND FINANCIAL program accomplishments made dudng the REPORTS quarter. Financial Report: A line item justification for all expenditures made during the quarter. YEAR ONE Quarter 1 (7/1/98 to 9/30/98) 10/15/98 11/15/98 Quarter 2 (10/1/98 to 12/31/98) 1/15/99 2/15/99 Quarter 3 (1/1/99 to 3/31/99) 4/15/99 4/30/99 Quarter 4 (4/1/99 to 6/30/99) 7/15/99 7/31/99 Annual 3. DRAFT F[NAL (CLOSE-OUT) Discussion of the accomplishments and 7/15/99 N/A REPORT shortfalls which occurred dudng the life of the Agreement. A line item transaction history, and discussion of accounts for which a transfer in or out of that account took place. 5. FINAL (CLOSE-OUT) REPORT Same as above. 7/31/99 8/15/99 (a) BECA agrees to maintain records documenting services performed and cooperative agreements for periodic monitoring and auditing. BECA agrees to input all counseling and training information in a timely fashion, insuring inclusion of the cumulative data in the pertinent quarterly report to the City. i. AGREEMENTS for Cooperative Services AGREEMENTS, cooperative agreements and participation agreements for each cooperative service provider. ii. BECA Board and Committee Membership Information Name, address, telephone number and background for each member on the Board or Technical Advisory Council/Community Advisory Council. iii. Required Reports All repor[s as outlined above, that may be requested by the City, EDA, or other funding sources. iv. Standards of Conduct Aqreements BECA will maintain a file that contains a standards of conduct code or agreement signed by each employee and volunteer per EDA requirements. The written code or standards must contain a conflicts of interest policy covering all BECA employees and volunteers. 4 1.3. Compliance With Fundinq Requirements. BECA agrees to be subject to and shall be responsible for compliance with~ all applicable Federal, State and local laws and regulations and all terms and conditions of the EDA and CTCA Grants including, without limitation, the following: (a) the U.S. Department of Commerce Special Award Conditions of Financial Assistance Award for Title IX Adjustment Implementation Projects under Section 903 of the Public Works and Economic Development Act of 1965, as Amended. (b) the U.S. Department of Commerce Financial Assistance Standard Terms and Conditions, including, without limitation, any and all provisions contained therein regarding non- discrimination, maintenance of a drug-free workplace, lobbying restrictions, and specific provisions regarding subcontractors and subcontracts; (c) Office of Management and Budget (OMB) Circular A-87, Cost Principles for State and Local Governments; (d) 15 Code of Federal Regulations (CFR) Part 24, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments; (e) 15 CFR Part 29a, Audit Requirements for State and Local Governments; (f) EDA Nonconstruction Terms and Conditions; (g) Executive Order 12549, "Debarment and Suspension" and implementing regulations published at 15 CFR Par[ 26, Subparts A through E, "Governmentwide Debarment and Suspension (Nonprocurement)"; (h) Section 319 of Public Law 101-121, which added Section 1352, regarding lobbying restrictions, to Chapter 13 of Title 31 of the United States Code as implemented at 15 CFR Part 28, "New Restrictions on Lobbying"; (i) Terms and conditions expressed in the CTCA standard agreement C94-0222; (j) Local regulations and ~and use controls; (k) 15 CFR Part 8 Guidelines for nondiscrimination; and (I) Any and all other laws, rules, regulations, terms and conditions referred to in the above- described documents, set forth elsewhere in this AGREEMENT, or otherwise applicable hereto. BECA acknowledges and agrees that in the event that the EDA or the City finds and determines that BECA has failed to comply with the above-described requirements, reimbursements for costs incurred by BECA pursuant to this AGREEMENT or otherwise in connection with the Program may be disallowed; amounts disallowed for reimbursement would then become the sole cost and responsibility of BECA and BECA would be subject to the additional remedies set forth in Section 9 hereof. BECA waives any and all claims against the City and the EDA in the event of such a disallowance. 1.4. Expenditures; Financial Reportinq and Audit Requirements. (a) Expenditures. BECA shall make expenditures in strict accordance.~vith the EDA Grant, and approved budget. BECA is responsible for planning expenditures and services to ensure that reimbursement requests for services provided do not exceed the maximum amounts provided in either the approved EDA budget or the Program Revenue Budgets, as applicable. BECA is responsible for fiscal management of Program revenue. All accounting systems and procurement practices shall be consistent with federal guidelines as stated in OMB Circulars A-110 and A-122. BECA must follow the prevailing Federal Travel Regulations, as provided by EDA. (b) Other Fundinq Sources. If BECA receives additional funding for the purposes of funding its duties under this AGREEMENT from a source or sources other than the EDA or CTCA Grants, the use of which requires that BECA make an accounting to or be subject to an audit by such other source, BECA shall charge expenditures to the appropriate funding source at the time incurred. It is expressly understood by BECA that any cost incurred in connection with the Program which is properly chargeable to and actually claimed for compensation under a funding source other than the EDA or CTCA Grants shall not be allowed as a chargeable EDA cost under this AGREEMENT. (c) Federal Participation Disclosure. For any acquisition of goods or services (including construction services) for the BECA project, in accordance with Section 623 of Public Law 102-141, BECA agrees to: (1) Specify in any announcement of the awarding of the contract for the procurement of the goods and services involved (including construction services) the amount of Federal funds that will be used to finance the acquisition; and (2) express the amount announced as a percentage of the total cost of the planned acquisition. (d) Audits: Reports. Under the Single Audit Act of 1984 (PL 98-502) pertaining to recipients of Federal funds, BECA must conduct an annual audit in accordance with Federal Office of Management and Budget (OMB) Circulars A-133 or A-128, and with Department of Commerce regulations issued pursuant thereto at 15 CFR Part 29a and Part 29b, as applicable. BECA shall provide the City with three copies of the BECA organization-wide annual audit report within 30 days of it's completion. BECA is responsible for, preparing and submitting additional reports to the City in accordance with EDA standards, the terms of the EDA and CTCA Grants, and the terms of this AGREEMENT. These reports include those delineated in the Scope of Work, Exhibit A of this AGREEMENT. All such reports are due to the City 15 days prior to the EDA or other funding source due date to allow the City sufficient time to review and forward them to EDA. 1.5. Insurance BECA represents that it and its agents, staff and subconsultants employed by it in connection with the services required to be rendered, are protected against the risk of loss by the following insurance coverages, in the following categories, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or shall meet with the approval of the City: 6 (a) Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in the amount of $1,000,000, where applicable (applies to Consultants with more than one employee). (b) Commercial General Liability Insurance including Business Automobile Insurance coverage in the amount of $1,000,000, combined single limit applied separately to each project away from premises owned or rented by BECA, 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 and BECA in the same manner as members of the general public ("Cross-liability Coverage"). 1.6. Proof of Insurance Coveraqe. (a) Certificates of Insurance. BECA shall demonstrate proof of coverage herein required, prior to the commencement of services by either BECA or its subconsultants, by delivery of Certificates of insurance demonstrating same to the City, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. (b) Policy Endorsements Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liabiIity Coverage required under BECA's Commercial General Liability Insurance Policy, BECA shall deliver a policy endorsement to the City demonstrating same, which shall be reviewed and approved by the City's Risk Manager. 1.7. Provisions Pertaininq To Acquisition. Maintenance. and Ownership of Furniture & Equipment. BECA is responsible for negligent damage to furniture and equipment purchased with EDA, CTCA, or other funds for use in connection with the operation of the Program. BECA is obligated to keep furniture or equipment in good condition, subject to reasonable wear and tear, and to make all necessary repairs and adjustments, without qualification, while the furniture or equipment is in the care, custody and control of BECA. Lost, stolen, or damaged property must be reported to the City within 5 working days of discovery of such loss or damage. The report shall contain a description of the events leading to the loss or theft, plans to prevent a reoccurrence and in the case of theft, a copy of the police report. The City shall retain ownership interest in any furniture and equipment purchased in whole or part with EDA, CTCA, or other Program funds. In the event of termination or expiration of this agreement, such furniture and equipment shall be delivered to the City, unless: (a) the agreement is renewed and the City agrees to the continued use of the furniture and/or equipment by BECA; (b) BECA requests and receives approval to reimburse the City for the EDA, State, or other funds used to purchase the furniture and equipment; or (c) the City releases ownership interest in the furniture and equipment in accordance with City policy. If BECA reimburses the City for the funds used to purchase the furniture and equipment, the amount will be the fair market value as determined by City policies and guidelines. 7 2. Duties of the City 2.1. Contract Administration; Consultation and Cooperation with the City (a) The City Manager or his designee shall have compliance oversight of BECA's activities as required by this AGREEMENT. As of the date of this AGREEMENT, the City Manager's designee is Joseph Monaco, Environmental Projects Manager. However, the Manager may withdraw or change the designation by providing effective notice to BECA, without in any respect affecting the terms of this AGREEMENT. The designated EDA Grant representative shall have equal monitoring responsibilities of BECA's activities as determined by the EDA monitoring policies and regulations. The City is responsible for reviewing and approving all reports required under EDA standards, the terms of the EDA Grant, and the terms of this AGREEMENT. (b) City shall regularly consult BECA for the purpose of reviewing BECA's performance of its obligations hereunder 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 BECA throughout the term of the AGREEMENT. 2.2. Reimbursement (a) City's Role. City shall act as a conduit for the reimbursement to BECA of any and all reimbursement payments due, payable and allowed by the EDA, California Trade and Commerce Agency, and by the City, pursuant to the terms of the EDA Grant and this AGREEMENT. (b) Maximum Reimbursement. The maximum reimbursement amount available to BECA under the EDA and CTCA Grants is four hundred fifty thousand ($450,000). (c) Interim Monthly Advances. The City shall make interim monthly advances against the total contract amount in t~velve (12) increments of $37,500 totalling the $450,000 maximum compensation amount. Any payments made hereunder shall be considered as interest free loans which must be returned to the City if the Phase is not satisfactorily completed, and/or if expenditures are disallowed by EDA. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not conved: this agreement to a time and materials basis of payment. (d) Method of Reimbursement. BECA shall be reimbursed by the City for reimbursable expenditures under the Approved Budget following (1) the determination of satisfactory performance of the duties under this AGREEMENT related to those expenditures by the EDA and the City, and (2) City's receipt and approval of an invoice which satisfactorily details such expenditures. All billings submitted by BECA 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. In no event shall BECA request reimbursement from the City for obligations entered into or for costs incurred prior to July 1, 1998. Prior to the first disbursement, BECA shall provide 8 the following documentation to City as applicable: (1) Articles of Incorporation; (2) By-laws; (3) List of Board of Directors and Addresses; (4) Certificate of Good Standing from Secretary of State; (5) Federal Combined Certification; and (6) U. S. Department of Commerce Form CD-346 "Application for Funding Assistance". Thereafter, i3ECA shall submit a reimbursement invoice in triplicate each quarter, but no more frequently. The invoice shall include the federal "Request for Advance or Reimbursement" Form 270. The City shall reimburse BECA in a timely manner following the receipt of a properly documented invoice. All eligible reimbursable expenditures pursuant to the performance of this AGREEMENT shall conclude as of June 30, 1999 or such earlier date that the EDA Grant expires, or that the City terminates the AGREEMENT. The invoice containing the final costs to be reimbursed by the City from EDA funding shall be identified as the "Final EDA Invoice". The final EDA invoice shall be delivered to the City not more than (30) calendar days after the expiration or termination of this agreement (i.e. 30 days after June 30, 1999 or after prior termination by the City). 3. Administration of Contract. Each party designates the individuals ("Contract Administrators") indicated, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this AGREEMENT. City: Joseph Monaco Environmental Projects Manager 276 Fourth Avenue Chula Vista, CA 91910 BECA: Michael L. O'Donnell Executive Director BECA 477 Marina Parkway Chula Vista, CA 91910 4. Term; Ridht to Terminate. 4.1. Term. The term of this AGREEMENT shall commence on July 1, 1998 and shall expire on June 30, 1999 unless (a) otherwise extended by the mutual agreement of the parties hereto; or (b) earlier terminated as provided herein or otherwise provided by law. 4.2. Termination of AGREEMENT for Cause by City. If, through any cause, BECA shall fail to fulfill in a timely and proper manner BECA's obligations under this AGREEMENT, or if BECA 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 BECA 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 BECA shall, at the option of the City, become the property of the City, and BECA shall be entitled to receive just and equitable compensation for services provided to clients and 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 BECA's breach. 4.3. Termination of AGRI=EMENT for Cause by BFCA. If, through any cause, the City fails to fulfill in a timely and proper manner the City's obligations under this AGREEMENT, or if the City shall violate any of the covenants, agi'eements or stipulations of this AGREEMENT, BECA shall have the right to terminate this AGREEMENT by giving written notice to the City 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 BECA shall, at the option of the City, become the property of the City, and BECA shall be entitled to receive just and equitable compensation for services provided to clients and 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 BECA by City's breach. 4.4. Termination of AGREEMI=NT for Convenience City may terminate this AGREEMENT at any time and for any reason, by giving specific written notice to BI=CA of such termination and specifying the effective date thereof, at least thidy (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, BECA shall be entitled to receive just and equitable compensation for services provided to clients and satisfactory work completed on such documents or other materials to the effective date of such termination. BECA hereby expressly waives any and all claims for damages or compensation arising under this AGREEMENT except as set forth herein. 5. Financial Interests of BECA. 5.1. Decline to Participate. BECA shall not make, or participate in making or in any way attempt to use BECA's position to influence a governmental decision in which BECA knows or has reason to know BECA has a financial interest other than the compensation promised by this AGREEMENT. 5.2. Search to Determine Economic Interests. BECA warrants and represents that BECA has diligently conducted a search and inventory of BECA's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that BECA does not, to the best of BECA's knowledge, have an economic interest which would conflict with BECA's duties under this AGREEMENT. 5.3. Promise Not to Acquire Conflictinq Interests. BECA further warrants and represents that BECA 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. 5.4. Duty to Advise of Conflictinq Interests. BECA warrants and represents that BECA will immediately advise the City Attorney of City if BECA learns of an economic interest of BECA's which may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. 10 5.5. Specific Warranties Against Economic Interests. BECA warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to BECA or BECA Assoclates in connection with BECA's performance of this AGREEMENT. BECA promises to advise City of any such promise that may be made during the Term of this AGREEMENT, or for 12 months thereafter. BECA agrees that BECA Associates shall not acquire any such Prohibited Interest within the Term of this AGREEMENT, or for 12 months after the expiration of thi~ AGREEMENT, except with the written permission of City. BECA may not conduct or solicit any business for any party to this AGREEMENT, or for any third party which may be in conflict with BECA's responsibilities under this AGREEMENT, except with the written permission of City. 6. BECA to Indemnify City. BECA shall defend, indemnify, protect and hold harmless the City, its'elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys' fees) arising out of the conduct of BECA, or any agent or employee, subcontractors, or others in connection with the execution of the work covered by this AGREEMENT including, without limitation, any and all conduct at or around the Program Site, but excluding matters caused by City's willful misconduct or sole negligence. BECA'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, BECA 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. BECA's indemnification of the City shall not be limited by any prior or subsequent declaration by BECA. 7. Assignability. The services of BECA are personal to the City, and BECA shall not assign, subcontract or delegate any interest or obligation in this AGREEMENT, without prior written consent of City and the EDA which may be granted or withheld in City's and EDA's sole discretion. Any attempt to assign, subcontract or delegate without such approval shall be null and void. 8. Independent Contractor. City is interested only in the results obtained and BECA 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 BECA's work products. BECA and any of the BECA'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 BECA shall be solely responsible for the payment of same and shall hold the City harmless with regard thereto. 11 9. Defaults and Remedies. (a) In General. In the event BECA defaults in its obligations hereunder, City shall be entitled to pursue any and all remedies provided at law or in equity. Specifically, and without limiting the generality of the foregoing, BECA acknowledges and agrees that the City may, its option, withhold disbursement of any award funds if such party learns, or has knowledge, that BECA has failed to comply in any manner with any provision of the EDA Grant or this AGREEMENT. Such funds may be withheld al~ or in part until the default has been corrected to the City's satisfaction. BECA further agrees to reimburse the City (or the EDA, as appropriate) for any ineligible costs which were paid from award funds, or if BECA fails to reimburse the City, the City shall have the right to offset the amount of such ineligible costs from any undisbursed funds held by the City. (b) Meet and Confer. Upon request by City, or BECA, both parties shall meet and confer in good faith for the purpose of resolving any dispute over the terms of this AGREEMENT. (c) 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 flied 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. 10. Restrictions on Lobbying. BECA shall submit prevailing EDA required disclosures and certifications regarding restrictions on lobbying, currently Form CD-512. BECA is subject to Section 319 of Public Law 101-121. BECA is generally prohibited from using Federal funds for lobbying the Executive and Legislative Branches of the Federal Government in connection with the EDA Grant. BECA shall file a "Certification Regarding Lobbying" and if applicable a "Disclosure of Lobbying Activities" with fifteen (15) days following the end of each calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form, previously filed by BECA. 11. Purchase Orders And Subcontractinq Provisions. BECA is encouraged to take advantage of vendor discounts whenever possible and to utilize the services of small, minority or women-owned businesses and disabled veteran-owned businesses when subcontracting for goods and services. BECA shall utilize and satisfy the purchasing requirements contained with the Code of Federal Regulations (CFR) Part 24, subpart C, section 24.36 Procurement, hereto attached as Exhibit E. 12. Minority, Women and Disabled Veteran-Owned Business Enterprise participation Goals. BECA shall comply with ali applicable State and Federal requirements to meet the Minority and Women Business Enterprises (M/WBE) participation goals, and Disabled Veteran Business Enterprises (DVBE) participation goals. 12 13. Miscellaneous. 13.1 BECA Not Authorized to Represent City. Unless specifically authorized in writing by City, BECA shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. 13.2 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this AGREEMENT must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or cer[ified, with return receipt requested, at the addresses identified herein as the places of business for each of the designated par[les. 13.3 Entire AGREEMENT. This AGREEMENT, together with any other written document referred to or contemplated herein, embody the entire AGREEMENT and understanding between the parties relating to the subject matter hereof. Neither this AGREEMENT nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. 13.4 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. 13.5 Governinq 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. 13.6 No Third Party Beneficiaries. There shall be no third party beneficiaries to the terms of this AGREEMENT. 13.7 Subordination to Economic Development Administration The AGREEMENT shall be and remain subject to terms, covenants, and guidelines of the Economic Development Administration. In the event of any conflict or inconsistency, the provisions, terms and conditions required by the Economic Development Administration shall prevail. (end of page, next page is signature page) 13 Signature Page to Agreement between City of Chula Vista and '- BECA for Operation of the Chula Vista Border Environmental Commerce Alliance Business Incubator IN WITNESS WHEREOF, City and BECA have executed this AGREEMENT thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dated: , 1998 City of Chula Vista by: David D. Rowlands, City Manager Approved as to form: John M. Kaheny, City AAorney Dated: ,1998 BECA //~ ~.: /~ _ ~ By: ArthUr O. Sellgren, President / /' 14 ~P H IT FE AT RE EVENTS MANAGEMENT COORDINATION PLAN Table of Contents Tab 1 Traffic Circulation Plan .................. ;. Page 1 Tab 2 Security ................................Page 5 Tab 3 Facility Maintenance/Solid Waste/Recycling... Page31 Tab 4 Neighborhood Outreach Plan ........ Page37 Tab 5 Pre-Opening Training Plan .......... Page45 Tab 6 MedicalPlan ..................... Page91 Tab 7 Additional Facility Use/Promotions... Page95 Tab 8 Noise MonitorinffCurfew Plan ....... Page99 Tab 9 Emergency Response/Evacuation Plan. Page101 Tab 10 Special Effects Plan ............... Page131 Tab 11 Parking Plan ....................... Page133 Tab 12 Events Planning & Coordination Task ForcePage135 Tab 13 Traffic & Security Subcommittee ........... Page147 Tab 14 Policy & Procedure Subcommittee .......... Page161 Tab 15 Appendices ............................ Page169 Coors Amphitheatre Traffic Circulation Plan Incoming Traffic The ~eater. majority of the traffic coming to a Universal Concerts event will access the facility from Interstate 805 (1-805) eastward down Otay Valley Road. Cars traveling southbound on 1-805 will be directed to take the Otay Valley Road/Main Street exit via informational signs along 1-805 (as approved by CAL Trans), information disseminated at the point of purchase of tickets for the event and the use of radio announcements. The intersection has three traffic lanes for exiting the freeway and accessing either Olay Valley Road or Main Street. This intersection will be modified from its current configuration by restriping or cones and delineators to provide for a left-mm lane on the immediate left, a center lane marked as a lefl-turn lane and a right-hand lane marked as a left turn lane/through traffic/right turn lane. Universal Concerts will acquire an encroachment permit from CAL Trans to allow the Chula Vista Police Department to control the traffic signals at the intersections on either side of 1-805 on Olay Valley Road. This will allow officers to override signal programming and to manually control traffic flow onto Otay Valley Road and toward the amphitheatre site. The signals will be set to flashing red in all directions to allow greater officer control of traffic. If the traffic on 1-805 at the Otay Valley Road offramp backs up to an excessive extent, California Highway Patrol officers will close the freeway ramp and signs would direct a portion of the traffic southward to an alternate route to the amphitheatre. Officers would reopen the ramp as soon as practical after allowing the backup to clear. Patrons using 1-805 and exiting on Otay Valley Road are not expected to impact traffic on the freeway until the audience size for an event reaches approximately 15,000. Universal Concerts will attempt to lessen the impact on the freeway access by encouraging patrons to come to the event early. This will be accomplished through information disseminated with tickets, through promotions such as local radio stations broadcasting from the parking lot and other events as capacity allows. This alternate route would take traffic to the Palm Avenue exit from 1-805. Traffic would exit the freeway on Palm Avenue and turn east (left) on the Palm Avenue over crossing. Traffic would then turn north (left) and proceed down the off ramp from Palm Avenue onto 1-805 again. Traffic would then proceed north to the Otay Valley Road/Main Street exit and turn east (right) to proceed toward the amphitheatre Traffi~ flow would be controlled at these intersections by the normal traffic signal cycle and would be directed to the amphitheatre by barricades with directional instructions and the amphitheatre name or logo. There would also be traffic control personnel stationed at the intersection to help direct traffic. Events Management & Coordination Plan 1 Traffic Circulation Plan On dates when the amphitheatre has scheduled an event where the majority ofth~ patrons might arrive at the site driving from the south, a different alternate route would be used to direct traffic which might back up on 1-805. In these circumstances California Highway Patrol will close the freeway ramp and signs would direct a portion of the traffic northward to an alternate route on 1- 805 at the Orange Avenue offramp Officers would reopen the ramp as soon as practical after allowing the backup to clear. This alternate route would take traffic to the Orange Avenue offramp. Patrons would then turn west (left) and proceed across the Orange Avenue over crossing. Traffic would then turn left (south) and reenter 1-805 and proceed to the Otay Valley Road/Main Street exit, Patrons would then access Otay Valley Road by making left turn to the east. Once on Otay Valley Road traffic will proceed eastward using all three lanes available on the street. This would narrow to two lanes east of Nirvana Avenue where the road is divided by a raised median The interseztion of Otay Valley Road and Oleander Avenue would be partially barricaded to traffic. In.ess to the residential neighborhood would be allowed at this point for identified neighborhood residents. Left turns from southbound Oleander Avenue to eastbound Otay Valley Road Mil be restricted to prevent queuing of traffic on Otay Valley Road. Signalization at this intersection will be controlled during peak event in.ess periods by Chula Vista Police Officers The signals will be set to flashing red in all directions. Signs shall be posted along Brandywine Avenue indicating that amphitheatre access via Oleander Avenue is prohibited. These signs will be posted at Brandywine Avenue and Sequoia Street. A sign will also be posted at the intersection of Oleander Avenue and Orange Avenue indicating that there is no amphitheatre access using Oleander Avenue. Traffic will be discouraged from using Brandywine Avenue as an access to the amphitheatre. The Intersection of Brandywine Avenue and Otay Valley Road will be controlled and ingress to the neighborhood would be allowed, but e~ess traffic proceeding westward on Otay Valley Road would be restricted to prevent queuing oftraffc. Signalization at this intersection will be controlled by Chula Vista Police Officers. The si~wnals will be set to flashing red in all directions. At the intersection of Otay Valley Road and Max-well Road traffic flow will be controlled by a Chula Vista Police Officer Ar the interseztion of Otay Valley Road and Nirvana Avenue the road narrows to two lanes eastbound and a raised median separates the eastbound and the westbound traffic lanes. Signalization at this intersection will be controlled by Chula Vista Police Officers and the signal will be set to flashing red in all directions At the point the dividing median on Otay Valley Road ends, and the road narrows in preparation for turning southward across the Otay River Bridge, delineators will be used to mark offthree Event= Management & C~ordination Plan 2 Traffic Circulation Plan full lanes southbound to the entrance of the amphitheatre One lane would remain to direct northbound and westbound traffic along Otay Valley Road from Heritage Road to 1-805. Traffic would enter the amphitheatre site on Otay Rio Road (a public road and the main entrance to the amphkheatre site) in two lanes and be directed to parking areas. A third traffic lane will be directed to Spy Glass Hill Road (a private road at the southern edge of the amphitheatre site) which will be used as a secondary entrance to the facility, but not for the majority of the concert traffic. Universal Concert employees, vendors, artist equipment tracks and VIP visitors will be encouraged to enter the amphitheatre site coming from the south along 1-905 to Heritage Road north and connecting to the southern portion of Otay Valley Road which intersects Spy Glass 'Hill Road at the amphitheatre site. It is hoped that traffic taking advantage of this entrance to the facility will help alleviate any traffic congestion which might occur on Otay Valley Road. On event nights, Universal Concerts personnel will be in contact with the Chula Vista low power AM radio broadcast station (AM 1360) as well as all San Diego area radio and television station traffic reporters during the rash hour to update traffic conditions on roads leading to the amphitheatre site Outgoing Traffic When an event concludes, Otay Rio Road will be used as the primary e~ess point from the amphitheatre site. Cones and/or delineators will be used to demarcate three full traffic lanes on the bridge and approaches to Otay Valley Road over the Otay River. Patrons leaving the facility will be directed through those lanes toward 1-805. One lane will remain for traffic attempting to ingress the facility or travel southward on Otay Valley Road to access Otay Mesa Road/I-905. Otay Valley Road westbound is a three-lane divided street from a point just west of the Otay River Bridge to 1-805. Traffic leaving the facility will have full three lanes to use in a westbound direction when exiting the concert site. At the intersection of Otay Valley Road and Brandywine Avenue access to 1-805 will be allowed. Traffic exiting the amphitheatre could leave Otay Valley Road and proceed northbound on Brandywine to Orange Avenue. The imersection of Brandywine Avenue and Sequoia Street would be marked with a sign telling departing traffic there is no access to Orange Avenue via Oleander Avenue. At the intersection of Brandywine and Orange Avenues traffic could turn westward (left) and proceed to the 1-805/Orange Avenue off ramps at 1-805. Directional signage would be placed at this intersection to direct traffic to 1-805. Traffic could access 1-805 to go either north or south at this point. This alternative route could be usedm speed e~ess from the facility and facilitate a rapid entrance to 1-805. Events Management & Coordination Plan 3 Traffic Circulation Plan The intersection of Otay Valley Road and Oleander Avenue would be closed to'non-resident traffic from Otay Valley Road Oleander Avenue could only be accessed northbound by residents of the neighborhood. Sticker, pass or other means of identification will identify these residents to traffic control personnel Exiting traffic could also leave the amphitheatre site using Spy Glass Hill Road and be directed south on Otay Valley Road to connect to Heritage Road and then to Otay Mesa Road/I-905 This traffic would proceed westward toward 1-805 and enter the freeway at the intersection of 1-9053- 805. Traffic could also travel eastward along Otay Mesa Road to the intemationaI border crossing at Otay Mesa border crossing. NOTE: Coors Amphitheatre has retained the services of Darnell & Associates, Inc. to prepare detailed drawings of the traffic pattern. These drawings will include, as requested by the City of Chula Vista, the main intersections of the traffic plan area as well as roads intersecting Otay Valley Road Bill Darnell will also work with the city and CAL Trans to obtain necessary permits for the traffic plan~ See letter from Darnell & Associates, Inc. Appendix A, page 169. Events Management & Coordination Plan 4 Traffic Circulation Plan A Brief Guide to Recordkeeping Requirements for Occupational Injuries and Illnesses U.S. Department of Labor Bureau of Labor Stalistics June t986 The Occupa[ionaJ Safety and Health Act of 1970 and 29 CFR 1904 O.M.B. No. 1220-0029 Se~ OMB Disclosure Statement on page L E[fec~ive April 1986 ATTENTION: OSHA RECOROKE---PER IMPORTANT: OO NOT OISC_,ARO. This b~cklet contains guic~e!ines lor keeping tl~e occuDadonal injury and illness records necessary' lo lulfilf your recorcikee¢ing oOtigation under the OccupatiOnal Sale~ and Healtt~ Act of tg70 (29 usC 65t} and 29 c,.~ Part 1904. or e-'juivalenl State law. Events Mana_qement & Coordination Plan 5 Guide t~ OSHA Record Keeping U.S. Department of Lal~or william E. Brock. Secretary Bureau o[ La,or Statistics Jane~. L. Norwood. Comrnissiener June 1-c~6 Recjionai Offices of the Bureau of Labor Statistics Region I Region IV Regions VII and VIII Kennedy Federal Building; 1371 Peachtree Street. N.E. 911 Walnul S~reet Suite 1603 Atlanta, GA 30367 Kansas City, MO 6.4106 Eoston, MA 02~03 Phone: (404) 347-4416 Phone: (816) 425.24.81 Phone: (617) 565-2327 Region Il Region V Regions IX and X Room 808 9Ilo Floor 71 Stevenson Street 201 Varick Street Federal Office Building P.O, Box 3766 New York, NY 10014 230 S. Deart~m Street San Francisco, CA 94119 Fhone: (212) 3.3.7-2400 ChicaGo, IL 60604 Phone: (415) 74.4-6600 Phone: (312) 353-1880 Region III Region V1 3535 Market B[reet Federal Building P.©. Box 133.09 525 Griffin Slreet, Ro~m 22.1 Philadelphia, PA 19101 Dallas, 'TX 75202 Phone: (215) ~c-6-1154 Phone: (214) 767-~970 Events Management & Coordination Plan 6 Guide to OSHA Record Keeping Preface The information in th~ pamphle: expta~m the re- empioy~-~ should rcf~ ~r~y to thc ~HA s~n~ or quiremcno of the Oc:upadoo~ Safe:y ~d H~th A< re~6~ or ~noc: thor ~HA ~ of 1970~d~tic29ofthcCodeofFederalRe~uMtio~, F~ ~o~don on thc r~ui~u oudin~ Pa~ 1~ (29 CFR Pa~ l~) for r<ording and repot- t~ pmpMc: ~ av~bic ~ ~e fr~ de~l~ ting occupational [njuri~ ~d illnesses. ~ac ac:upa- Reco~ee~ing Guz~elin~ for Occupational In]u~ and tional Saf~y ~d H~th A~ of 1970 and 29 c~ Pm llln~. ~c~ my ~ obm~ by ~ng ~ order 1~ require employers to pr~are and maintMn r~ards on ~ge 18. ~t~ ~ ~o ~ obt~n~ by coma~- of occupational injuries ~d illn~s~. %e a~ made the ~g ~e pmi~pating State ag=~ or the 8~ r~ion~ Secre:aU of Labor r~ponaible for the call.ion, cam- office for your ar~. %e a~ regional of firm are pilation, ~d analysis of $tat~tic~ of work-related in- on the imide front cover. State agencim are listed at the jurie~ and illness. The Burmu of Labor Stati$ti~ (a~) end of this publimtion. administer: thi* r~ordkeeping~porting syst~. In ~ae ~ot[oMn~ government agenzi= are involv~ in ministering thee programs. ~ ~e Occu~tional Safety and Health Admin~tm- Rmor~ of injufi~ and ~ are n~ for dom ~ Department of ~r. ~e ~zupation~ ~ing out the pu~ of the act. ~ney pro'de a b~ Sdety ~d H~th Administration ~ r~nsibl¢ for for a smt~ti~ prog~ which pr~uc= inju~ ~d d~op~g, implementing. ~d enforcing ~ety ~d i~n~ ~m which ~e ~ by OSHA in m~udng ~d h~th sm~ ~d reguhtio~ OSHA wor~ dir~:ing the ag~cy'a effo~ ~ r~*r~ are ~ mploy~ ~d ~ploy~ to footer efta:ire ~fety and helpful to employem ~d employ~ in id~tifying m~y hmlth pmg~m ~hich r~uc: workplace of the fac:om which mine injud~ 0r illn~ ia the workph~ In addition. O5~ ~or~ are d~i~ to B. Bumau of ~r Stat~ti~ U.~ Detriment ~At ~e:7 ~d h~th compl~ce effice~ in m~ng ~r. The Burmu of ~r 5tatAti~ ~ r~nsible for ~mi~t~ng and m~n~ning the os~ r~ardk~ing O5~ ins~:io~ syat~. ~d for call.ting, compiling, and analyzing r~uir~U or 29 C~ Pm 1~, md provid~ b~ic work ~ju~ and illn~ stat~ti~ im~¢:io~ ~d ~idelin~ ta ~iat employem in fulfill- C. State dgenc:~ Many Smt~ c~ate ~ith ~g thor r~ordk~ing ~d r~ming obllgatiom. M~y in ad~n~t~ng the OSHA r~rdk~ing and re~ing *~ific s~n~r~ and regu~fiom of the Occupational prog~ Some Stat= have thdr own ~ety ~d h~t~ Safety ~d H~th Admin~t~tion (O58A) have addition* laws w~ich may impoae additional ob[igations. ~ requir~m for the m~nmnce and retmtion of Employ~ should consult t~eir State safety and h~lth inactions, accidents and oth~ activitim and relevant to ~upational ~Cety and h~lth. ~d for the ~n~ ~id~inm ~e pr~ in ~e a~ Offi~ of r~mng of retain infatuation to emptoy~ ~d to ~u~fio~ Sde~y ~d H~th 5mtiati~ by OSHA. ~ additional r~uh~.~m are not covcr~ in N~ ~d~ thc g~ dir~tion of ~llim M. this pamphie:. For infatuation on th~ r~uir~, ~-~ ~atc ~mm~ioncr. OMB DISCLOSURE STATEMENT Lot:mr Stati:rlic.~. Division al Management Systems (1220-0029}. Washington, D.C. P~o{ect (17'70-~029), Was~lmgton, D.C. 20503. Events Management & Coordination Plan 7 Guide to OSHA Record Keeping Contents C2~aptm'~: I. Employ~"s subj.: to the re::ordkeeping requi.r_-'ncma of the O~fian~ SM~ ~d H~th Ac: of 1970 .................................. 1 II. OSaA~ing [o~ ................................................... ~ ....... 3 III. L~tiem ret~dom ~d m~nt~ of IV. D~g whc~cr a ~ should ~ r~ md how t~ c~i~v V. ~t~e~ for ~ting t~c VL Employ~ obligatiom far ~ing ~aFatien~ inju~ and i~ ................................................................................ 13 VII. Ac:~ to Os~A' r~zr~ ~d ~nalti~ for f~lur~ to czmply with r~a~ing obligations ........................................................... Giassaw of t~s ........................................................ 15 Order form ............................................................. List of ~a~idDating State agcnei~ .......................................... 'BLS regional of~c~ ........................................... inside front cove: Events Management & Ceordination Plan 8 Guide to OSHA Record Keeping Chapter I. Employers Subject to the Recordkeeping Requirements of the Occupational Safety and Health Act of 1970 The rec_~rdkee, ping req~i'~ments of thc Oc=u~afional inst~zcdons. Employers who normally do not have to Safety and Health Ac: of ~9,~0 apply to private k~ Q.SHy, r. esords includ~ sestor employers in all S~test. the District of Columbia. Puc~o Rico. thc Virgin islands. American Samoa. I. AJ.I employers with no more than I0 full- or part- Guam. and the Trust Terr{tories of the Pacific islands, time employe'~ at any one time in the previous c~lendar y~r. A. Employers who mu~: ke~p OSHA Employe."s '~ith I I or more employees (at any one time 2. Employers in the following retail trade.. in the previous caler~dar year) in the following industries insur:xnce and r~l estate, and sevvices industries must keep OSHA re~ord.x. The industries are identified by (idertdfied by SiC codes): name and by the appropriate Standard Industrial fir~tion (SI¢) code: If employe.-s in any o£ thc indu.ltri~ listed =bore have B~in,~ sv.r-~ic= (SiC 73) of I l or more employe.~, re=ards must be kept for each Le'g:fl ~--dc.-~ (SiC Mus~avv. s. b~tanic~L zoelo~c=l ~,ard~-',.i (SiC ~.) Even lhough r~ordke~ping r~uiremems are reduced for small rotating ~mple olr th~-z employers Ls required to keep records and pa,'~iclpate in a mandatory statisfic=l employers in thw-.e industries, theT. like non~e."opt of occupational in, juries and illnes-,es for ~1I employers accident which results in one or more r~taliti~ or the (b~th exempt and nonexempt) in the private se:tot. Il' an hospitaliz.'3fion of five of more employees. AL.~:~, res~:rds and participate i~ the Annual Surve7 of Oocu~a- exempt employers m keep injury ~nd illnera records, and adv:xnce and supplied with the nesess~ry Forms and requirements. Events Management & Coordination Plan 9 Guide t~ OSHA Record Keeping 'Fac follovAng employ~-~ ~d individuala do ~t ~ve S~ ~ of 5~ ~d 1~ ~v~m ~ ~p~ of~m~ ~ ~ ~pl~' pd~ ~m for D. ~ploy~ ~bj~ m o~ F~ ~ ~d ~ ~g~ ~ ~ ~ ~i.. ~ ~ploy~ ~bj~ m ~j~ ~d ~ ~k~g s~h ~i~fi~ ~ci~ ~, chair m~ ~;~ ~d ~om ~c not ~pt from ~ ~ How~er. oth~ m~i~ ~h~ ~ ~e ~ H~. ~ of ~ ~ to ¢ampiy ~ other F~ ~ffik~ing inju~m ~d il~ ~g to ~ploy~ ~ ~o~- ab~do~ may a~ ~ ~ to ~t~fy ~c ~ r~ord- ~ for ~pioy~ ~ private h~pi~ ~ c~ k~ing ~r~m ~nc fo~ ~ m~t ~ ~ui~t~t ~ =~l;,h~ ~ or ~t~ ~ mi~o~ ~ ~c log ~d sum~ (0~ N~ ~) ~ ~c supple- o~=tio~ m~ ~ (OSHA N~ 101). Events Management & Coordination Plan 10 Guide to OSHA Record Keeping Chapter II. OSHA Recordkeeping FOrms Only cwo forms are ~ ['or OSHA r~cnrd, ke=-~[ng. One b~canse the inatractions for completing the survey of form, th= OSHA No. l~a, serves as both the Log of occupational injurie= and illne:~es re£er to log columns Occupational Iniurie= and Illn~.se=. on which the nc=ur- by number. It is advi~hle teat emp|oye~ have fence and extent o£ c~e~ are ret-ordeal during the yeti, ec!uivalents o£ the log form revle~wed by 8/5 to insure and a-s the Summary of Occupational Injurie= and comp~ance with the regulations. Illne~e=, which L~ ~ to sU. rm~arize the log at the mad The po~ion of the OSHA No. l~ to the right of the of the ye=r to s. atisfy employe'~' po~thag obligations. The dotted ~e.--tlcal line h nsec[ to summarize injurie~ a.nd other form. the Supplementary Record of Occupational [tlne, s.~ in an ~tabl~shment for the calendar year. Every [njurim and IIIne~s~. OSHA Ne, ~01. provides additi=n~J nonexempt employer who is required to keep OSH^ information on each of the ~ that have bema re--...~rded records mt.mt prepare an annual summary for each on the lo~. e=tahl~hment b~ed on the im%rma£ion contained in the lng for each establishment. 'l-ne summary is prepped by A. The Log and Summax'7 of Occupational Injm'ie~ rotating the column entries on the log (or its equiva~-~t) a~d Illn~", OSH.~, N~. 2m and $ig~'~ng and dating the c-~. ific~don potion of the The los h u~ed for recording and clas~i£ylng oc.~apa- form at the bottom of the page. tional injurie= and [lln~.se~. and For noting the e_'c=m~: of each cn~' The log shows wh=~ the occupational injury or B. The Supplementary' R~rd of Occupational I~- -~lne~ occurred, to whom. the regulae job of the in,ua-ed juries and Illne:~e~, OSH~ .~. or iii per,on at the time of the injury or [llne~ exposure, For eve.,-y injury or illne~ ent='ed on the log. it the de~m-tment ~n which the I:,~"~on ~a.s ~nployecL the n~=~ary to rec-ord additional information on the supple- kind of injury or illn=~ how much time was lo~t. mentary record. OSH^ No. tot. The supple..'nentary record whether the cue re~ulted ~n a fatality, etc. T'ne log d~cribos how the ac=ident or illne~ exposure consists of thru' par~: A .de=criptive s~c:ion which l~u the objects or substancm involved, and indicates the identifies the emFloy~ and briefly desc.fibe= the injury or nature of the injury or illn~.s and the part(s) of the body illne~: a section covering the extent of the injuries afl,=ed. recorded; and a section on the typ~ and exte'n~ of The OSHA No. 10t is not the only I'orm that can be illner~-ses, to ~atisfy this r~uirement. To ~iminate duplic, me r~-~rd- their record of occupational injurie~ and illnc~er~ How- may be nsed a~ supplementary records if they cnnhain all com~uter printout, may be nsefl if it contains the same mi.~ing kc:tm mint be added to the su~timte or included familiar with the equivalent t'orrn. It is important that the the mtabli~hmem within 6 workdays after the employer column~ of the equivalent form have the same ide:atifying h~ r~ved information that an injury or [llnes.~ ha.~ Events Management & Coordination Plan 11 Guide to OSHA Record Keeping Chapter III. Locat'ion, Retention, and Maintenance of Records Or~-Ac, aciiy, i~jury md il.iaea: r<ord~ must be k~t by ~ rot thee empioy~ should ~ l~t~ ~ follows: e~Dicyer~ for e~ch of their e~tabllshmcnt~. This cha~ter d~ what ~ c~i~ ~ ~ ~ ~bl~hm~t for ~ R<ar~ for ~pioy~ working at fix~ [~tion~ such ~ - l~t~ how long ~ m~t ~ k~t. ~d how ~cy ~t at the work I~on. ~6rk c~h~ should ~ kept ac ~¢ p~ wh~e the If ~ ~ploy~ ~ more th~ one ~tabl~hmmc a t~ation, ~ Toe r~rdk~iag ~tio~ define m ~bl~ment ~ ~r~ ~e mainmin~ at a fiz~ I~tion. ~ut ~ho do not "a sL~= physi~ I~OR wh~= b~in~ ~ conduc:~ or r~ or ~-o~ at a ~ngle m~bl~hm~t. ~ould m~nt~n~ at thc b~ from whic~ th~ a~ ~d ~ thc wh~= ~ti~ or ind~t~ o~[io~ are ~dc~," b~ of ~r fi~'s ~nn~ ~tio~ ~ c==t~ admin~t~tive o~c~ Wac re~alacio~ s~fy ~al dis~i~:iy separate ae:ivi- L fmplo~ not ~ciated with f~td ~tabl~hmen= ti= ~o~ at the ~e physi~l I~tion (for e~- Some ~ploy~ are subj.: to common su~ion, but pl~ ~nt~e: eomt~Aon ae:iviti= op~t~ f~m the do not re~ or ~ork at a fix~ ~bl~hm~t on a same ~ysic~ I~tion ~ a lum~r ya~) shall tach ~ regular b~is. ~=e ~ploy~ are engag~ in physi~lly trmt~ ~ a ~a~te ~blishm=t for r~ordk~ping ~ ~:ivid= that ~ur in ~nst~ion. ~la- pu~ Pr~ue:ion oC d~imilar pr~uc~: different lion. repair, or semiee o~=ti~. K<or~ for kin~ oC o~tional p~ur=; differ~t facilid~; and employ~ should ~ I~t~ ~ followa: 'are ~ indi~tive of ~te ac:iviti~ and ~a~te ~ ~<or~ may ~ k~t at the ~fl o~ce or moMle ~ b. K~o~ may al~ ~ k~l at an ~bl~h~ ~t~l B, ~don of r<a~ ly: (I} ~e ~dr~ md t~hone num~ of the lnju~ and illn~ r~o~ (the log. OSHA No, ~, and wh~e ~ are k~t mint ~ av~iabie at the e~ev/ physi~l l~ation wh~e o~tio~ are ~o~. I~tion flunng no~ bmnm hau= to p~vide infor- Under ~e regulatio~ the I~ation of ~ r~or~ ~ ~ich a fix~ =tabii:~m~t. ~c d~tinction ~:w~ C. ~6an exc~ption for the log (~HA ~. ~) fixe~ ~n~ nonfix~ c=hl~hmen= g~c~lly r=~ on thc Although thc supplcmcn=~ rcord and the annual <=biE~menc u~uaily o~t= at a single l~cion rot a an aitc~atc I~=tion or by m~ns or da~ p~=ing r~ati~e:y sho~ ~ af time. A fix~ =tabiishment equipmeat, or both. Two requirements must be Events Management & Coordination Plan 12 Guide to OSHA Record Keeping ~Ffc~. thc e=nploycr's posdn~ obli~do~. ~'~=~ ~ u~-~-~ o~ ~c 1o~ b ~ ~ las ~ s~m.~, ~ N~ ~m. ~d ~e supple- m~ ~ ~ N~ IOl. m~ ~ r~ ~ ~h ~ ~Y ~ log m~t ~ u~t~ by ~e ~ploy~. ~mb~t for 5 ~ y~ [o~o~ ~c ~ of ~, d~ ~c 3-y~ ~doa ~, ~ t~e y~ m wMch ~ r~t~ ~ ~mbli~hm~t c~g~ ~e ~t or outmme of~ ~j~ or i~ whi~ for ~e ~alqd~ of the 5-y~ ~ How~, ~e a~ shoed ~ ~ out ~d a eo~ ~t~ ~ploy~ ~ not m~mible for u~ting the r<o~ of log. ~, n~ ~tdm ~hould ~ m~e for pr~omiy ~r~ffi~ ~ t~t are d~v~ or for ~ that the fom~ owns. ~y w~'t r~ffi~ but ~e found to ~ M~r-~-~ of ~e lag ~ N~ ~} ~t~ ~c ~d of the y~ in which the ~c ~u~ In ~fion ~ k~ing ~e log ~ a ~ y~ ~i$. ~e m~ $~o~ ~ lin~ out for r~ffi~ ~ that mploy~ arc r~uir~ ~ u~ar~ ~ fora m ~dudc arc lat~ found nonr~ordable. Log torah should also n~ly ~ver~ ~ ~d to r~t c~gm which modifi~ to refl~t thee change. Event~ Management & Coordination Plan 13 Guide to OSHA Record Keeping Chapter IV. Deciding Whether a Case Should Be Recorded and How To Classify It This chapter pr~ent~ guide!inca for de:e.,~nlnlng (4) who hir~'d the work:."; and (5) who ha~ the authority k~ping r~uir~ ~n~ r~uir~n= should not ~ con~ ~h ~=rdk~in~ ~uirem~a of va~o~ B. ~lethod u~ed for ~e analysis work=~', compen~tion syst~, internal ind~td~ ~a~y ~ne d~isionmaking pr~ cansisa of five steps: for r~ording and m~udng work inju~ ~d illn~ I. Dele~ine whether a ~e ~:ux~: that N. whether there w~ a dmth. illnm, or an inju~: sy~te=~ A~ 3. D~ide whe:hcr the ~ N an inju~ or an illn~; doer nar nec~cHO impo &at management ~ at fault. 4. If the c~e a an illn~, r~ord it and ch~k the srana'cra' h~ occurre~ or that tfie'inju~ or [lln~ ~ ~. lrthe~eiaaninju~.d~ideifit ~r~ar~Neb~ another jab. ~a~ I pr~en~ th~ meth~ology Employe~ m~t min~n inju~ and ilIn~ for thor own ~ploy~ at tach of their ~rablNhm~a. e~en though throe individ~a may ~ ~orking tmon- d=~inadon of whe~h~ or not an inju~ or illn~ ~a~. Employee have noihin~ to ly in their mtabiixhm~ or on one or thdr jobiitm at the time ~ inju~ or illn~ ~surc ~:um Tn~cform ~ploy~ h~ ex~dme~ a work-rc!at~ inju~ or illn~ In most i~can~. ~nition ~forc d~iding whether a ~ N r~or~ble an ~pioy- I. HospitalS:alan for obse~tt'om Ir an mploy~ g~ to or is sent to a h~pi~l roe a bd~ ~ oC time pr~ by which the ~ork N accompl~hed. ~N m~ns for obviation, it N not r~orda~l~ provid~ no m~iml the ~ing fi~ only in r~rd to the rmult to ~ O~h=r Fac:on whlch~ay M considered in dctc~ining l. Differentmtmg a new case fmm the ~cur~nct ora (3) who wi,hholda thc worker's ~ial S~uNty mxm; r~ordablc inju~ or illn~. However, new cnl~ should Event= Idanagernerlt & Coordination Plan 14 Guide to OSHA Re<:ord Kesping Chart 1. Guide to recordabiiity of ca:~es under the Occupational Safety and Health Act .t I TBen case Then ca~e a- In./u~/t: Thc aggravation of · pm-tiau.s injut7 almost always re=uit~ from some ne~ in~d~.lt invo~vinI thc Some oc=upationa! illn~,~s, such ~ entrain det?n=titis Com, equendy, when work related, tl~se ne~ inciden~ exposures to s~rtsitizing age~lL% and should be recorded b. IIIne=t'.t. Geaaerally, ~ch oc:~patic~al illn~,s should be as new ~ However, certain illne~q::g such as silicosis, may have D. E.st.~blLshlng work relation.ship 7 Events Management & Coordination Plan 15 Guide to OSHA Record Keeping r,'~uirm em~toyc'~ to record only thc:sc i.cjuric~ md ilLu~.s cxD:mu~ work m!a~ tiomltil~ mu.s: bc e~tahtishcck it iJ2n~.sa:: that ~r~ war'k r ~cLatcd- RZork r~r~or,.,Ou~ .~ ~ not p'~mume~-- Injurie~ and ill~e~ ~xposure~ att in~/ or iil,~ ~ut~ from an ~nt or ~ in the ~g~ ~ a work acridly or'~ they ~ in thc work ~rk envimnmen~ ~e ~rk enrichment ~ ~ly mdmnm~t. Toe work ~vi~nm~t in thee czm~ed off ti) ~ne employer%p~m~ ~ (2) o~- ~=tud~ I~tio~ where ~ploy~ =~ =~g~ in tr [~Ho~ ~he~ emp/o~ a~ en~ged in ~rk.~lar~ m~ or work-r~t~ acti~ti~ or ~l~ whcr~ ~ploy- acffviti~ or are ~r=ent ~ a condition o/their empioymena ~ ~= pr~m duc to thc nature of thor job or ~ a ~= = ~ploy~ ~ off ~c ~ptoy~ pr~i~, work condition of thor ~pioym~nc r~do~hip mint ~ =~h~ wh~ on ~e prom ~ploy~ who t~vcl on company b~in~ sh~l th~ re!afio~hip is p~um~. ~e ~ploy~'s prm~ ~mid~ to ~ enga~ in work.r~at~ ~:iviti~ ~ the mc:mp~ the Io~ ~mb~hmcnt. ~c!udin$ no~ ~nly ~c time they s~end in iht inccr~c o~ ~he :amply, including, ste~e facilifi=. In ad~fion to phyii~ [~aom. ~ui¢ . and ence~nin~ or ~ng ~tc~ain~ for the pu~oie of m~t or matcha~ ~ ~ the cou~ of ~ ~ploy~'s t~c:ing, discussing, or promoting buiin~i, work ~ aBo c~id~ p~ of thc ~ioy~'s work ~wever, an inju~/iilnm would not ~e r~or~a~ie ~nvimnmcm. ~ dung nom~ Owing aaivifi~ (~dng, 1. Iajuri~ and i//n~ rexultm~ymm even~ or~ r~rmtion); or if thc emptoy~ deviates fcom a su~ on th* *mploy~rk ~rem~ [njuNm ~d illn~ re~onabiy dirge: route of travel (side trip for vacation Tacy include thc palmU work rac~lid~ and other ~ Whm a ;raveling cmploy~ ch~ into a hate! ar Tne pr~umptian of work rchtio~hip for ac:ivitim on for namravc!ing cmDioye~. For cxamDlc, if an the prmump;ion would not apply include: (I) Wh~ a wor~it~ would bc ca~idcr~d off thc job. Thc rationale after they ~tab[ish their "hom~ away [ram home" work rc!at~ T~vc!ing ~1~ p~onnc! may ~b[~h only one b~c ~ar~ o~ th~ ~mF/oyerk ~rem&~ When an ~p[oy~ ~ Whcthcr a ~c involv~ an inju~ or illn~ ~ dc:ct- Events Managemenl & Coordination Plan 16 Guide to OSHA Record Keeping Chart 2. Guidelines for establishincj work relationship which caused the c:~:, not by the regulting condition o£ diagnose'~- by a physician or other medical pc.monna. thc gff~l~ cmplo7~ ln~uE~ ~e ~ b7 ins~- Diagnos~ ~y ~ by a phy~i~an, rc~tcr~ nu~ or a sider~ iiln~. Tais eonc~[ of illn~ {nclud= acute may ~ able to det~; ~mc ill~ such ~ skin d;~ illn~ which r~ult from cx~sur~ of relativeiy sho~ or d~ without thc ~nefi( du~tion, tmlning. Home,er. a ~e more di~eult to diagno~ such Some conditions may ~ cl~ifi~ ~ either an inju~ ~ si[icos~ would require evaluation by pro,fly t~n~ or an illn~ (but not ~th). de~nding upon thc nature oC m~i=I ~nne!. the e~enl that pr~uc~ the condition. Eof cxampi~ a In addldon to r~ording thc ~eu~cncc [c~ of hmang r~uhtng from ~ ~plcsi0n (an i~tanta- al iIln~. ~ploye~ arc ~uir~ to r~ard ~ch illn~ neous event) is c!~i~ = an inju~; the ~mc condition ~e in I of thc 7 ~tcgofi~ on thc front of thc log. arising from ex,sure to ind~t~l noise over a ~N~ of hack of the log fora containa a listing of ty~ of itln~ t~me would be ¢~ifi~ ~ an ~apationa[ illn~ or di~rd~ and giv~ ~ampl~ foe ~ch illn~ ~t~o~. ~e are only e~mpl~ ho~e~, and should not F. Recording ~eupation~ illn~ consifl~ ~ a compline list of ty~ of illn~ und~ ~:upational illn~, which are defin~ in the instme- R<arding and ¢l~{fying occupational iIln~ may tions of the log and summa~ ~: be dlffi~lt for ~pioy~i. ~aBy the ~roni¢ ~d Iong te~ lat~t illn~. Many illn~ are not ~iiy 'to cnvlronm~tal fmcto~ ~iat~ =ich employing(, l( detc~inc wEe:her an illn~ ~ work rciat~. A~. contact, think thor illn~ ~ ~fio~ or work rciat~. ~e following material ~ provld~ to Thc inst~c:io~ a~o ref~ to r~arding illn~ ~hich ing ~=upat/o~ itln~ and in ~bl~hin~ thor work ~erc "diagn~ or r<ogniz~." Illn~ cx~aur~ ulti- relatiomhip: matety r=ult in conditiom o( a chemi~l. biologist, or ~sycholo~i~l natarc Occupational illn~ m~t ~ diagno$~ to be r~o~- I. Detection and diagnox~ o~ ~cu~tional abl~ Ho~ew~. they do not n~adly have to ~ An ~eupational illn~ ii de~n~ in the i~tme:ions on Events Management & Coordination Plan 17 Guide to OSHA Record Keeping · c log ~ z~y work-t'~z~ed ~bnor~ai ~d~on or G. ~g ~ ~r~-~t~ ~ju~ ~ ~ble d~rd~r (o~h:r tha~ ~ ~:upation~ inju~). De~ion ~th~u~ thc OrE A~: ~uir~ that ~1 work-~a~ cC t~ abno~ c=nditic~ or d~ the fi~t st~ ~ d~t~ ~d iIln~ ~ r~ord~. ~e r~ordin~ of nonfa, r~ording illn~. ~ o~ di~c~t. %~en ~ ~=upa- ~ Mjud~ ~ timil~ to ce~{n tional {lln~ is s~:~, empioye~ may want to ~n~ whirs r~uire medi=} tr~tmen~ consider the following: co~o~n~; r~tHetion oF work or motion; or t~nsfer to ~other job. Minor injud~ r~uidng only fi=: aid avM~blc. However. ~; aid (rmtmc~t 2. Derermmiag ~fiec~r tile ~lln~ ~ occ~'~a1~o,ally ~nc distinc:lon ~tw~ m~ical tr=tm~t and fi~t red, ced. The instr~c:iom on Ihe back oC {he log define aid d~nd~ not only on the trmtment pro~id~, but also iiln~ and work-reiat~ ~sure A =y to r~gnize. In injud~, not emergency tr~tmem of ~o~ inju~. Events Management & Coordination Plan 18 Guide to OSHA Record Keeping whe,.hcr thc ~uploy~c- h~ an injuz'~' d~ not c:mSUcu~ · R~ of FO~GN BOO~ N~ ~B~D~ m~i~ cr~cnL Convc~c!y, m~ ~r~t ~ ~ o~y ~dan ~ than a physician or re~s~er~ m~i~ ~eL or om~ ~ie ~e follo~ng ~c gene~lly ~ider~ m~i~ ~t- r~ov~ of ban~g= by SOA~G merit. Work-ce!at~ injuN~ for which t~ ~ of to m~i~ ~RI ~IP~ in lieu of sutur= ~e following pr~ur~ by it.lL is not ~nsid~ ~do~ all or any pa~ of his or her no~al ~ignm~t F;ar Aid Treatmem: dudng all or ~y paa of thc workday or shirL emph=~ ~ on the employ~'s ability to ~do~ noel The following :re generally ean$ide:~ ~t aid trot- job dutim. K~tNclion 'of work or motion may r~ult in tion of minor in~u~) and ihould not ~ r~ord~ if the in~u~, d~ding u~n ~hethcr the r~tfie:ion work-re!at~ inju~ do~ not involve 1o~ of co~o~ ~yond the ~y oC inju~. n~, r~tnc:ion OC work or motion, or t~nsfe~ to ~other 4. Tm~ertoanotherjob. lnjufi~ r~ui~n~ t~nsf~ job: of the ~ploy~ to another job are al~ Events Management & Coordination Plan 19 Guide to OSHA Record Keeping Chapter V. Categories for Evaluating the Extent of Recordable Cases One.- thc employer dec{dc= that a rc.c. ordabi¢ inju~ or illness, (I) the employe: w= ~shgned to =nother job on iiln~ h~ ~:~, thc c~e must ~ e~u=t~ to [cmpo~/ b~is. or (2) thc employ~ work~ d~ of r~or~ble ~; Fa~id~. lost work~y ~, ~ork~ at h~ or her pendently ~i~ job bu~ could and ~ wkheut Ioit ~or~a~s. E~ r~a~ble ~ no~ ~ffe~ all the flud~ no~y ~I~ ~ith m,~t ~ plac~ in only one o~ thee ~t~o~. ~:~ ~ork a~ivi~ ~:u~ wh~ the ~pioy~, ~ of the jo~rcla¢~ inju~ or Uln~ a phyii~ly A. Fu~iti~ or men~aily unable to perform all or any 9art of his Ail w~rk-rc!at~ far,itl= m~t be r~ord~ regardl~ her normal job dutie~ over all or any ~aa Of his or her ~f the time betw~ thc inju~ ~d the d~th. or thc no~ work~y or shif~ The cmph~is ~ on the Icn~th cf the illn~, emplcy~'s i~ilky to ~o~ no~ job duti~ ov~ a no~al werk shik. E. Los; ~ork~y ~ lnjud~ and illn~ are nm ~onsid~r~ lest workday Las; wcrk~ay ~ ~:ur when the injur~ or ill ~ unl~ th~ afro:: the employ~ ~yand the ~y em~iay~ e~pedenc~ either ~ys away from wcrk, ~ya inju~ or ca,et or illn~ When counting the numar cf r~ma::~ work ~:ivity, or ~th. In th~ sit~tio~ ~ys away k~m work or ~ys of r~t~ work activity. the injur~ or ill employ~ ~ aff~:~ to su~k ~ ext~t do net inc!u~ the initial ~y or inju~ or onse; ~f illn~, tha~: (I) Days m~t ~ token off kom th~ job for or any ~ys on which ~e employ~ ~oulfl not have m~i~ t:m;m~nt or r~u~don; or {~) the ~ploy~ is ~ork~ even though able to work (holi~y~ *~ti~n~. unable tc ~o~ his or her no~al job du;i~ o~¢r a n~mal work shiR. ev~ though the employ~ may ~ abie to c~ndnue workin~ L Los~ ~ork~ay ~ invoiving days away from ~ork ~ ~ not r~ulting in death or I~ ~ork~ys ar~ ~ r~uking in ~ys the employ~ w~uld M*e ~e c=~ consis~ of the relatively I~ ~No~ work~ bu~ could not ~a~ of the jo~re~ inju~ or and illn~ which ~t~fy the e~te~a for r~ar~bility illn~. The f~us o~ th~ c~ ~ on the ~ploy~'s bu~ which do no~ r~uk in d~h or r~uire the inability, b~ause of inju~ or ilin~, to ~ pr~ in the ~ploy~ to have days aw~y from ~ork or days of w~rk environment duNng h~ or her no~ work shiR. r~t~c:~ work activity ~yond the ~te of inju~ 2. L~; workday ~ involving ~ys of ~mc~ work on~t of illn~. ac:ivuy are those c~ wher~ b~e of inju~ or Events Management & Coordination Ptan 20 Guide to OSHA Record Keeping Chapter VI. Employer Obligations for Reporting Occupational Injuries and Illnesses 'l-als chapter focuses on the requirem~r-~ of Sec:ion the type of bu~inc=s aclivlty ~.nd number of employee~ s~".~of [he Occupadon~ S~e~ ~nd H~I~ Ac: of 1970 ~d hou~ w~rk~ a~ [he r~in~ unk dudn~ the ~d Tide ~9. Paa 1~, of [he ~e of F~e~ Ke~la- ref~nc= y~r. [ions for employe~ to make r~ of ~=upadonal injuh~ and illn~. [t d~ no[ include the r~o~ing 2. P~m'ciFctz~n of no--ally exempt small requirments of ether st~ or regulation~ o~ t~e and employem in Iow-haza~ induxt~e~ A few regularly Oc:upational Safety and H~th Admin~tmdon (OSH&) ~empt ~mployem (tho~e with fewer th~ II employ~ or aC any ocher State or F~ ~mcy. in the pr~om mlen~r ymr and th~ in dmignat~ Iow-~a*~'ind~tfi~) are a~o r~uir~ lo pam~paze in A. ~e Annual Sume[ of Oemp~tion~ Injufi~ ~d the ~n~ ~u~ey. ~eir p~icipadon ~ n~ rot the Illn~ pr~ucfion or inju~ and illn~ stadsfi~ that are compa- re sure7 ~ eanduc:~ on a ~mple b~ and rims m~le in coverage to th~ stat~ti~ publlsh~ in ymm prior r~uir~ to submit r~m of their inju~ and illn~ to the ex~pdom. ~e employe~ are nofifi~ prior to agency. A tim not eontac~ by im State ag~ or 8~ ~imain inju~ and illn~ r~or~ for the coming ymr. n~ not file a r~n of im inju~ ~d illn~ ~x~fi~c& (A tim ~ to pamicipate in the 1985 mmey would Employe~ should not~ how~, that ~ if th~ are have ~.conmct~ in D~em~r 198l.) At the time of not ~e!~:~ to pa~icipate in the annu~ lu~ for a nodfimtion, they are ~uppli~ with the n~ ~ven y~r. they mint ~till ~:mply with the r~ordk~ing and i~tmc:io~ Duhng the refermce eal~r y~r, r~uirements list~ in the pr~ing chapte~ ~ well m pr~otifi~ ~ploye~ make entd~ on the log. OSHA pie ho~pimlimtion c~ provid~ in the n~xt ~:ion or R~ord of O~upational [njufi~ ~d llln~. OS~A Pamicipanm in the ann~ su~ey cubist of two following Fe~a~ (regularly pa~icipafing emptoye~ do categofi~ of employe~: (I) ~mploye~ who m~ntain OSHA r~or~ on a regular b~: ~d (2) a small rotating OS~A r~ordkmping. ~e su~ procure is diff~ent All ~ploye~ are r~uir~ to report ac:idents rmult- I. Participate'on of firm$ re~larQ matntai.ning OSH. t cat~trophie reining r~uir~en~.) the Occupational Injuh~ and llln~ Su~ey Qu~tion- The r~m muat contain thr~ pi~m of ~tablishment(~} inctud~ in the m~n and the injud~ (2) the numar or htaliti~, and (3) the extent of any and iiln~ ex~fienced during the previo~ y~r. injud~. If n~. the Os~a Arm Dir~tor may re~ [em usually can ~ capi~ dir~tly fr*m the totals The ~ ~hould ~ made within 48 houri after the employer should have complet~ and ~t~ in the ~:urrenc= of the [atality. regardl~ of the time 13 Events Management & Coordination Plan 21 Guide to OSHA Record Keeping Chapter VII. Access to OSHA Records and Penalties for Failure To Comply With Recordkeeping Obligations T;'~c pr~=d. Jn~ chaptc."~ describe r~ordke,~'~ing ~d H~lth ~nd Human Se~ic~, or c~n~c:o~ wor~n~ for re~in~ r=quir~u. ~h ~p[e: covc~ subj=u thc ~{= m~don~ above d~din~ on thc p~- re~at~ to imu~n~ ~he ~ntc~7 o~ the OSH r~rdk~ng sio~ o~ the cont~c~ under whlc~ they work. pr~ac~ to 0~HA r~=r~ and penalt~ for r~. ~m~loy~ ac:~ to thc log ~ limit~ to thc r~or~ k~?ing violation, the ~mblNhment in which the employ~ eu~tty or ~o~erly work~. All cu~ent logs and those Ali OSHA r~0r~, which are ~ing kept by ~plo7~ av~able rot i~:ion ~d copying by mploy~ For the 5-y~ r=:~don ~N~. should ~ av~l~l~ for fo~ ~pioy~. and thor r~r=entadv~ ~ mploy- govs~mem o~ciais. Employs. ro~er ~ploy~. ~d in~ the ~ploy~. or any pe~n dmigna[~ by thor r~r~nmdvm ~e p~vid~ mc:~ to only the 1o~ ~ploy~ or ro~er employs_ Ae:~ to the log N to Gove~ment o~cNN wi~h ~:~ to the OSHA r~or~ timm R~r~ For Failure to compty wi~h the inc!udm Repr~nmdvm of the Depa~m~t of ~r, p~v~io~ oF the r=gulations can ~ ob~ain~ th~uBh ti~ oF S=t~ ac:ord~ ju~icdon for ins~dons or ~mpioym committing r~ordk~in~ md/or r~ing Events Management & Co,ordination Plan 22 Guide to OSHA Record Kecping Glossary of Terms ~ ~j~ ~d ~ Co~ for ~c y~ from ~c Os~ N~ ira, ~d ~c fo~o~g i~o~don: ~c ~ y~ cover~; ~mp~y a~m ~mb~hmmt ~dr~; ~fim- F~ R~ter. ~e offi~ mur~ of i~omtion tion si~tur~ fitl~ ~d ~t~ md notffimtion on oS~x'~ pro~ micro.rig, nadon~ s~ti~ ~ OS~. ~ju~ ~d Rln~ r~ F~ ~ ~y 0ne-l~e tr~tmmt ~d the b~ for ~ s~. m fc~ which do not or~ r~uire m~i~ Su~ ~m~t ~d o~ation B~u o~r S~ (B~}. ~e Burmu or~r cvm ~ough pmvid~ ~y a physici~ or r~ Smtmim ~ thc agm~ r~ible for ~mi~t~ug md prof~ion~ mhn~g ~e os~ r~k~ing sy~t~. ~d for coiling, mmp~ng. ~d ~7mg work ~ju~ ~d F~ ~ of injuu. A workem' com~tion iUn~ sm~fi~ ~hic5 my q~ify ~ a/u~titut~ for the suppl~ ~mfiou. ~e ~mn who su~ the prra- tion of ~c ~g ~d Sm~ of ~upadon~ Inj~ ln~d~ce ~ce. ~c numar orinju~, illn~, or lost ~d IUn~. OS~ N~ ~, ~m ~ ic ~ me ~d wor~ ~t~ to a common ~urc complete by si~n$ thc ~c page of. or by aping a time wo~ ~e mmmon ~u~ starcraft tO ~t ~ ~o, thc ~n~ sum~. m~e ~tc {nt~nd~t~ ~mp~ t~d C~fi*e p~ A p~ jointly condu~ by ~ otc ~ ~lculat~ ~: thc Smt~ ~d thc F~c~ Gov~m~t to coll~: ~pa- tioffal inj~ ~d il~ s~fi~ ' N~H X 2ffi.~ Employ~ On~ who ~ ~mploy~ in thc b~in~ or h~ N num~ of ~j~ an~or illa~ or or her mploy~ ~:ing lot ~¢loy~ repr~en~fi*~ Anyone d~i~ac~ by ~c ~ tool haum work~ by ~1 employ~ ~ploy~ Jar thc pu~ of g~ning ac:~ m ~c dudng ~r cmploy~'s log or ~upadon~ inj~ ~d 2~.~ b~e for 1~ tull-doe ~ui~t Employer. ~y ~n mgag~ in a b~in~ ~g work~ (voting commerce who h~ mptoy~ w~L ~0 ~ ~bl~bmenC A single physi~l l~tion wh~c b~i- ~g ~d Summa~ (OSHA N~ ~). ~e OSHA r~ffi- n~ ~ ~nduc:~ or where ~c~ or ind~td~ a~- kc~ing iota u~ to list injudo and illn~ ~d re~ [or ~ork. o~tc [rom. or fro which ~ ~e paid. ~st vork~y ~. ~ which involve ~ys away from work or ~y~ of r~thct~ work activity, or ~h. E~sur~ ~ r~nab~ likdih~ that a work~ ~ or . was subj~ to omc offs:, influence, or ~[cty h~rd; or ~st work~y~. The num~ or workdays (con~utive in contact with a h~rdous chemical or physical ~gmt at or not), ~yond the day or in~u~ or on~t Events Management & Coordination Plan 23 Guide to OSHA Record Keeping I~ ~ Mil lime or (3) the ~ploy~ vo~ at a ~tly Oc:u~ational [nju~. Any inju~ such = a cut. Me~i~ ~enL lnc!ud= tr=tmcnt cC inju~ ~- lure. spain, amputation, ¢::., which r~ul~ from a work mln~:~ by phys'c'a~. ~tcr< proC~'onm ~n- ::~d~t or [rom a singic instantan~ cz~ure in thc neL or lay ~ona (i.e.. nc~r~i~l ~nne!), M~i~l work ~vironm~t. cu~. bu~. spi~m=~. ~d ~ ro~h. which do r~ult in ~hcr: disorder, other than one r~ulfing from an oc~apational (I) Fataliti~. re;affil~ or the lime ~tw~ the =sociate~ with em¢ioymem, h includ= a~dtc and {2) ~st work~y ~ oth~ than [ataliti~ chronic illnc:s~ or di~e=~ which m~y be caus~ by in- (3) Nonfatal ~ without I~t workdny~ the columns indicatc~: (~la). OS~,x is r~oonsibie for de~e~oplng, implemen- ting. and enforcing ~are~y and he:lth standards and Events Management & Coordination Plan 24 Guide to OSHA Record Keeping Budge_ ~udve ~c= of ~e Pr~id~ for R~o~ble ~. ~1 wc~-ceia~ d~t~ ~d ~- c~cn of ~bi~hm~ by t~ of ~ of ~o~n~ r~mzdon of work or mo6o~ ~f~ t~ z~ far i~ mjor lcfi~y which a d~n~ by the m anoth~ job, or r~uire m~l tr~m~t ~yond f~t p~u~ m~ufictu~ or ~ice ~d~ ~bl~h- aid. m~ may ~ ct~ifi~ i~ 2-, 3-, or ~i~t s~ing to ~he dear~ of info~adon Recor~ing system. Refe~ to the nadonwide system for r~rfling and re~ing ~upa~i~nal inju~ ~d S~te (when mentioned aloneL Refe~ ~o a State of the i[In~ man~ by the Occupational Safety and Unit~ Stat~. ~e Dist~c: of C~[umbia. and U.S. Health Ac: of 1970 and impiement~ by T t e 29. C~e of rio and ju~ie:ions. Federal Regulations. Pan ~9~. This system is the only emp~ from OS~* recardke:ping include: (A) All ~ploy- k~ping and reining prog~ms. Some Stat~ have their e~ with no more than 10 full- or part-time ~ptoy~ at own safety and heahh laws which may impose addS- any one time in the previo~ olen~r yo~ ~d (B) ail tiona{ obligations. builoing materials and gar~ suppii~. SIC 52; gene~ ~uival~t) on which additional info,arSon is r~ord~ mer~[.~e and fo~ stor~. SiCs 53 and 5~; hot~ anti for ~ch inju~ and iiln~ enter~ on the log. o~her [~ng plac~, 5~C 70: repair ~ic~. 5~C's 75 and 76; amulet and r~r~cion ~ic~. SIC 79; ~d h~ith ~tle 29 of the Code of F~e~i Regulation. P~ se~ic~, sic 80). (No~e: 5omc Sta~e ~fe:y and h~th I~9. The parts of ~he C~e of F~e~i Regulations ptoy~. ~am:e of the rmu{t of a job-reht~ inju~ or any pa~ of the workday or shift. only physi~l [~do~. but a~ the ~uipm~t or Single dose (presc~p~ion m~ic~fionL The m~ured mat~ ~ by the ~ploy~ during the cou~ of h~ and/or pa,-time t.mploy~ among all t~e ~abl~ments provide m~i~l ~efi~ an~or ind~nity ~m~tion of~he~r ~rmat any one time du~ng the pr~io~ ~dar to ~icfi~ of work-rela~ injufi~ and illn~ year. [7 Eve~ts Management & Coordination Plan 25 Guide to OSHA Record Keeping ORDER FORM Participating State Agencies Events Management & Coordination Ptan 26 Guide to OSHA Record Keeping Events Management & Coordination Plat~ 27 Guido to OSHA Record Keeping ~ A-° RJL Basic recording conc:~l)~ and gu~a~ are in~ud~ ~ ~a~ ~ ~e ~c~ of fo~ OSHA No. 2~. ~e fo,owin~ summarizes ~e major recking ~ncap~ and pm~ ~difional info~adon to aid in ~eo~ng records accurately. RECORDABt c AND NONRECORDABLE INJURIE~ First Aid Treatment: Medici Tree,meat: Event= Management & Coordination Plan 28 Guide to OSHA Record Keeping Coors Amphitheatre Facility Cleanup & Maintenance Coors Amphitheatre will employ a vendor, Maintenance Staff, Inc., who will provide clean up and maintenance services for the venue This vendor will be responsible for the clean up of the venue, the parking lots and some clean up of 0tay Valley Road after an event. It is expected the City of Chula Vista will also provide street sweeping service for 0tay Valley Road as a part of the clean up effort. Landscaping will be installed at the facility by Valley Crest Landscaping, and maintained for period of time after the installation by Environmental Care. Beyond the contract period, Coors Amphitheatre will use the contract vendor Blue Skies Landscape Maintenance to care for the landscape of the facility. Landscaping maintenance wilt include ali the plants, trees and shrubs on the venue grounds as well as the grass parking lots at the facility Events Management & Coordination Plan 29 Facility Maintenance/Solid Waste/Recycling Plan This Page Intentionally Left Blank Events Management & Cc, ordination Plan 30 FaciL~ Maintenance/Solid Waste/Recycling Plan Coors Amphitheatre Solid Waste & Recycling Plan The Coors Amphitheatre will have an active recycling program carried out by several of our service vendors. The company hired for event cleanup, Maintenance Staff, Inc, will be responsible not only for cleaning the venue and parking lots after a concert, but for the recycling program as well. This company will handle parking lot recycling on event days and will collect recyclable material from the catering area, the backstage and dressing room area and the administration building. The concession vendor, Ogden Entertainment, will attempt to recycle all materials possible associated with food preparation and serving; to include cardboard, bottles and cans. Green waste will be collected as a part of the landscape maintenance program and will be recycled. Coors Amphitheatre will then work with a vendor, or local agency to recycle the material gathered at the site. Solid waste disposal will be accomplished through an agreement with Pacific Waste Services, the city franchise solid waste disposal company. Events Manage~nent & Coordination Plan 31 Facility Maintenance/Solid Waste/Recycling Plan Universal Amphitheater' DIL FT-I'LEDGE ()to' busilmss pledges lo incorporale Ibc following managcmcn! principles inh~ lhcir employee Illll[/Ol [~llSlOlllCl' prnclices fi)r( 'huln Visln I luivm'sul Aml)hilhealcr ()pcrallmm. This pledge illuslralcs (1[11' ctmmfitnmnl lu nssisting thc City ol'C, hula Visln m~d its residcnls Io I)~cvcnl litter, reduce, reuse, recycle, buy recycled ~d meet tim intent m~d spirit of tim CA Integrated W~te M~agement Act of 1989 to reduce ~e mount of a~ual w~te we generate by 50% before ~e ye~ 2000. ~DUCE ~ Practice "grass-cycling" with mulching lawn mowers that replenish lawns with nitrogen, water and reduce the cost of bag co~eetion equipment and composting costs. We will also take a xeriscape approach to decorative planting at site. ~ Whenever practical, do not purchase or provide customers with items that are individually wrapped or that are one-use-only items. Eliminate the use of items that cannot be reused or recycled practically such as polys~rene and paper towels. . Use hand d~ers or a towel se~ice in restrooms, or provide paper towel only bins so they may be added to green waste for composting. Offer discounts for reusable mugs or cups to encourage source reduction. ~ Print only the copies neeessa~, print on both sides and print them on post-consumer c~ntenl recycled content products with the ~ recycled paper me~age. ~ Reduce litter by providing adequate reacting and disposal containers throughout the theater, at all exits, in paring areas, at paring exists, and at shuffle or bus stops along with signage that promotes anti-litter efforts, print on container whenever possible. ~ Provide 3 to 5 inches of compost or other natural soil amendment to the grass areag to allow for adequate water absorption, drainage, reduce the future need for re,ii,ers and pesticides and irrigation. ~ Your idea(s). Events Management & Cnordinafion Plan 32 Facilibj Maintenance~Solid Waste/Recycling Plan REUSE __ Encourage vendors to "back-haul" pallets, containers, and other items. Encourage food vendors to use a refillable cup program for beverages. Offer public a discount for re-use. Re-use both sides of copy paper for flyers and advertising. l/e-usc washable sponges, towels, and other cleaning supplies. __ Arrange to donate left over fo6d to a shelter or to be used as animal feed. Employee involvement: require employees to use reusable cups, utensils, plates and other reusable products for their own meals. Consider a towel service in restrooms and for vendors to reduce or eliminate one use paper towels. -- Implement a gray water system to provide irrigation for the grounds. __ Your idea(s). RECYCLE __ Recycle steel, glass, aluminum rigid food and beverage containers, and #1 and #2 plastic containers used at vendor stations and for the public. __ Work with vendors to buy and distribute items in recyclable containers non-recyclable containers. __ Recycle all fiber generated at the site in vendor and public areas including: corrugated cardboard and other shipping containers that cannot be reused or reduced by breaking them down and placing thezn in designated containers or compactors. __ Recycle all green waste, pre-consumer food waste and paper towels or contaminated paper products through the City's green waste composting program or onsite composting. __ Your idea(s) Events Management & Coordination Plan 33 Facility Maintenance/Solid Waste/Recycling Plan BUY ENVIRONMENTAL AND RECYCLED Purchase consumable products such as toilet paper, paper towels, napkins and other .' products with as much post-consumer recycled content as possible and ask your printer to label items as containing recycled post-consumer content whenever appropriate. Consider recycled plastic lumber options for signage, counter tops, tables, bathroom -- floor and wall tiles, bathroom stalls, and other construction items, Mulch secondary parking areas to allow for ground water absorption, Cousider ground water absorbing concrete, or other options for primary parking areas, Your idea(s). PROMOTE __ Promote your recycling efforts by posting signs, printing on containers adding to your activity, announcements before and after acts to encourage residents to protect the environment by recycling, avoid littering and properly dispose of waste. __ Instruct your staffto verbally encou~'age customers to recycle and not litter. Make environmental best management practices a part of your employee recruitment -- and orientation that emphasizes environmental responsibility and its cost effectiveness. Your idea(s) M_a2qAGER PHONE NUMBER DATE Yes, 1 would Ikke to be considered for the City's annual recycling business awards program. Please fee! free to contact the City Conservation Coordinator at 691-5122 if you have any questions. Events Management & Coordination Plan 34 Facility MaintenancelSolid Waste/Recycling Plan MAINTENANCE STAFF, INC. t'~.lT:'; I. I'~ '11. ,",~i1,, ;f-IT. I,,.(~ I;,',.'h. t '1 I~l~,ll~' {.5(~2~i 4~1:L.¥~),".-'' /';t.~' (,5¢~2I April 21, 1995 Mr. Jay Sheehan Operation Manager Universal Coors Amphitheatre 2050 Otay Valley Road Chula Vista, CA 91911 RE: Recycling. Dear Mr. Sheehan: Listed below is Maintenance Staff's recycling plan for Universal Coors Amphitheatre. The goal is 100% recycling of cardboard and California redemption bottles and cans. We currently have a recycling program in place at both Blockbuster Glen Helen Pavilion and Irvine Meadows Amphitheatre. The following estimates of recycled material are based on ten years of recycling history at Irvine Meadows, five years at Blockbuster Glen Helen Amphitheatre and on a thirty five concert season. Type of Container Irvine Meadows Blockbuster Glen Universal Coors Amphitheatre Helen Amphitheatre Amphitheatre Aluminum Cars 1,200 lbs. 1,050 lbs. 1,350 lbs. Dark Bottles 10,000 lbs. 8,000 lbs 12,500 lbs. Clear Bottles 7,000 lbs. 5,500 lbs. 8,250 lbs. Green .Bottles 2,000 lbs 1,050 lbs. 2,500 lbs. Cardboard 9,000 lbs. 8,700 lbs. 12,500 lbs. I believe your numbers will be higher than the other tWO venues because of the your location and climate. Our experience has been that coast people drink more than inlanders. The recycling program will start with plastic barrels placed in the concession areas where bottle contents are poured into wax-covered cups. Backstage areas will also have recycling bins placed at various locations. We will begin recycling in the parking areas as soon as the lot gates open. Maintenance Staff has specifically designed trailers for use in the parking areas. Each trailer accommodates up to ten fifty-five gallon barrels. Four barrels are designated for glass; two for aluminum, one for plastic and three for miscellaneous trash. The trailer is Events Management & Coordination Plan 35 Faciiity Maintenance/Solid Waste/Recycling Plan Mr..lay Sheehan 04/21/98 Page 2 intentionally low to allow for sorting. This is important because the recycling companies do not accept mixed glass colors. This process before and during the conce~ helps eliminate fiat tires and reduces clean-up costs of broken glass in the grass areas. Our people pick-up and sort glass as they are going down the parking lanes. All cardboard will be collected from the concession stands and venders, Our personal will use our portable compactor and baler for recycling. It is important to also realize th~.t the current recycling and redemption laws expire on December 31, 1998. A new law is currently being discussed in a California Assembly Committee which would expand requirements to cover plastic water bottles, wine bottles and ice tea bottles. If it passes, we will increase the amount of recycling accordingly. Events Management & Coordination Plan 36 Facility Maintenance/Solid Waste/Recycling Plan Coo AMPH _TH AT 2050 Otay Valley Road, Chula Vista, CA 91911 (619) 671-3500 (619) 671-9830 Dear Neighbor, We at Universal Concerts wanted to take this opportunity to inti-oduce ourselves and give you a little information about what we will be doing at the new concert facility in our neighborhood. As you may already know, Universal Concerts will open a 20,000-seat outdoor concert amphitheatre this summer. The venue is located at the end of the Otay Valley and concert patrons will get to the facility using Otay Valley Road. In order to help maintain the serenity of our neighborhood and mitigate any impact concert traffic may have on residential streets, we will strongly discourage concert traffic from using Orange Avenue, Oleander Avenue or Brandywine Avenue to come to concerts. On concert days,. signs~will he posted at various points around the neighborhood telling concert patrons they cannot access the facility using neighborhood streets and traffic control personnel will be stationed at intersections to help prevent concert patrons from using residential streets to get to the amphitheatre. In order to make sure you will not be delayed in getting to your residence on concert days, we are enclosing a pass which will identify you to traffic control personnel as a resident of the neighborhood. Universal Concerts has established an Events Hotline phone number, 671-3600, which will allow neighborhood residents to obtain information on concert events. We have also established a phone number, 671-3406, to give neighborhood residents an opportunity to speak to amphkheatre staff about any concerns or comments on concert events. This number will also allow you to obtain additional neighborhood identification passes for guests who may be visiting you on concert days. In order to assist your guests in easily arriving at your residence, please encourage them to use the Orange Avenue exit from 1-805 when coming to visit you in the neighborhood. We have also enclosed a pair of lawn-seat vouchers wkich can be redeemed for two tickets to a mutually agreeable upcoming concert as a way of introducing you to our venue. We at Universal Concerts look forward to a long and happy relationship with our neighbors. We are always available to speak to you and to hear your comments about how we can better meet your needs. Events Management & Coordination Plan 37 Neighborhood Outreach Plan CooP,5 AMPHI_TFEATRg Media Traffic Alert Please distribute to on-air talent for immediate listener traffic information "Traffic is flowing smoothly along 1-805 south through Chula Vista and the anticipated wait time at the Otay Valley Road exit is 3 minutes. The Orange Avenue off ramp from 1-805 southbound is closed to concert traffic only." Day: Saturday Date: July 25, 1998 I ~¢~Z~.~} 1 Event/Act Linda Ronstadt ~ 0,o\I Show time: 7:30 p.m. Est. Attendance: 5,000 Parking lots Open: 5:00 p.m. Front Gates Open: 6:00 p.m. Opening Act times: 7:30- 8:15 p.m. Headliner time: 830 - 10:30 p.m. For additional information, please call our 24-hour concert information hotline: (619) 671-3600 Events Management & Coordination Plan 38 Neighborhood Ouia'each Plan Coop, g. AMP HITFEATlk[ Schedule &Update & Infom~ation Day: Saturday 'Date: July 25, 1998 Event/Act: Linda Ronstadt Show time: 7:30 p.m Est. A~end~ce: 5,000 Parking lots Open: 5:00 p.m Front Gates Open: 6:00 p.m Opening Act times: 7:30- 8:15 p.m. Headliner time: 8:30 - 10:30 p.m. Notes: This is NEW addition to the concert schedule This is a CHANGE to the original concert schedule (Select one of the above to descnbo the up're.) For additional information, please call our 24-hour concert information hotline: (619) 671-3600 Or call Jay Sheehan, Operations Manager, Coors Amphitheatre: (619) 671-3500 Events Management & CoerdinatJon Plan 39 Neighborhood Outreach Plan Coors Amphitheatre Event Update Broadcast Fax Listing Chula Vista City. Manager's Office: (619) 58~5612 City Manager David D. R6wlands Assistant City Manager Sid Morris Public Information Jeri Gulbransen Mayor's Office: (619) 476-5379 Mayor Shirley Horton Councilman John Moot Councilman Steve Padilla Councilman Jerry Rindone Councilwoman Mary Salas Chula Vista Fire Department: (619) 691-5057 Chief James Hardiman Fire Marshal Doug Perry Chula Vista Police Department: (619) 691-5281 Chief Richard Emerson Sergeant. Richard Coulson Agent Charles Pugsley Chula Vista Community. Development Department: (619) 476-5310 Director Chris Salomone Redevelopment Coordinator Fred Kassman Environmental Projects Manager Joe Monaco Chula Vista Planning Department (619) 691-5171 Director Bob Leiter Assistant Director Ken Lee Senior Planner Martin Miller Chula Vista Code Enforcement (619) 585-5681 Assistant Director Brad Remp Events l~anagc~nent & Coordination Plan 40 Neighborhood Outreach Plan Chula Vista Chamber of Commerce: (619) 420-1269 Executive Director Rod Davis California Highway Patrol (619) 296-6661 Captain Kevin Green Officer Allen T. Wilkerson White Water Canyon (619) 661-7393 General Manager Glenn Davidson Operations Manager Brian Stovall Security John Liken Neighborhood Businesses (To be determined) Events Management & Coordination Plan 41 Neighborhood Outreach Plan Cool AMPHITHE^TP¢ 2050 Otay Valley Road, Chula Vista, CA 91911 Phone: (619) 671-3500 Fax: (619) 671-9830 Dear Business Neighbor, As you may know, Universal Concerts, Inc. is in the process of building a 20,000-seat amphitheatre on Otay Valley Road. We have an opening date of July 2I, 1998 and wanted to take this opportunity to make an early contac~ v, ith our business neighbors and provide them with a little information about our facility and answer any questions you may have. Obviously, the addition of a facility like the amphitheatre will increase the traffic flow on Otay Valley Road, but Universal Concerts anticipates the majority of this traffic will be using the road after 5 p.m to come to our facility. With an anticipated 7:30 p.m. curtain time, the great majority of businesses in our neighborhood should not be affected by concert patron traffic, but we are aware some businesses are currently working several shifts and we wanted to anticipate any concerns this might cause Universal Concerts would like to gather information about your business and how we can work with you to prevent any conflict between your operation and ours. We are also going to establish a broadcast fax network for businesses and city officials which will provide informatior~ about upcoming events and any changes in the normal operating perimeters which could impact your operations Toward that end we would like to know your fax number so you may be included in the list of those to be notified We look forward to a long 'and positive relationship with our neighbors and are always available to provide you with any information we can to foster this relationship. Event= Management & Coordination Plan 42 Neighborhood Outreach Plan CoOp,~ AMPH ~_THSATtLL Events Management & Coordination Plan 43 Neighborhood Outreach Plan Events Management & Coordination Plan 44 Neighborhood Outreach Plan Coors Amphitheatre Pre-Opening Training Coors Amphitheatre's vendor for Peer Security, StaffPro, will hold a Job Fair Saturday, June 6, 1998 to solicit employees to work at the amphitheatre The job fair will be held at Southwestern College from 9 a.m. until I p.m. Also participating in the job fair will be San Diego Valet & Parking Services (venue parking vendor), Maintenance Staff, Inc. (venue clean up and maintenance vendor) and Ogden Entertainment (concession vendor for the venue). All subcontract vendors will conduct training of employees prior to (he opening of the Coors Amphitheatre. At least two weeks prior to the opening of the venue, Coors Amphitheatre will hold a training and familiarization session for all staffand contract vendor'supervisors at the facility. The Chula Vista Fire and Police Departments will be invited to take part in this training session to familiarize themselves with the venue. Events Management & Coordination Plan 45 Pre-Opening Training Plan This Page Left Intentionally Blank Events Management & Coordination Plan 46 Pre-Opening Training Plan WELCOME TO COORS AMPHITHEATRE Coors Amphitheatre would like to welcome you to the team!! The company was built on employees who axe enthusiastic and hard working. We axe a team committed to excellence and look forward to your efforts to continue our successful record, EMPLOYEE PRIMARY GOALS As a Coors Amphitheatre employee, your primary goals will be to: ~, Create a safe, pleasant and enjoyable atmosphere for the guests of the facility. · -> Successfully assist with all types of crowds. · -> Conduct yourself in a professional manner and be conscious of your attitude and appearance. TIPS ON [IOW TO ACCOMPLISH THESE GOALS It is imperative that you, the Coors Amphitheatre employee, treat the facility's guests the way that you would like to be treated a guest. Be friendly and smile when you interact with them. Use polite words (please, thank you, you're welcome, enjoy the show, good evening, good fright). When you are friendly, the patrons will respond in a positive manner and your job will be easier. I. Be polite, courteous and accommodating. However, you must be firm when enforcing house rules for the safety of all patrons. 2. Remember, you are representing Universal Concerts and the Coors Amphitheatre. a. Patrons come in contact with you, not the management. b Patrons leave with an opinion about the facility because of the way that you, as an individual, treat them. 3. KNOW YOUR JOB!! If you have any questions about your assignment, please ask your supervisor. FACILITY POLICIES Each venue has a different list of rules and policies. Be sure that all the rules, regulations, safety procedures, etc .... etc .... are explained to you by your supervisor prior to working. Never assume the rules are the same because it is a similar facilit7 to one you may have worked in the past. Become familiar With the venue's alcohol rules, bottle/can rules, camera policies and music recording rules. You should also become familiar with all of the important locations &the Events Managemem & Coordination Plan 47 Pre-Opening Training Plan facility Such as: disabled patron seating, telephones, medical facilities, rest rooms, fire ext'inguishers, police post, fire exits, concessions and facility management offices. ,r Each employee handbook has a venue map (if available) atut a list offacility policies for the venue. You are responsible for knowing all the information found in the "FACILITY POLICIES" located at the end of the booklet. Please fcrmiliarize yourself with the venue's rules prior to any event. Additional copies of these policies can be acquired from the office or s~pervisor. COORS AMPItrrltEATRE EMPLOYEE POLICrFS AN~D RULES You must call the Operations office every Monday between 10 a.m. and 4 pm. Please have a pen and paper ready to write down the events you will be assigned to for the following week ICNOW YOUR PERSONAL SCH~EDULE PRIOR TO CALLING THE OFFICE. Be sure to get the following information when calling in: I Name of the events. 2 Uniform required. 3 Report times 4 Parking information. 5 Special requirements. You must call in if you want to remain on the Coors Amphitheatre Active List. Call in even if you are unable to work (619) 671-3500 UNIFORMS You are required to wear a.Coors Amphitheatre approved uniform at each event. All venues require different uniforms and you are responsible for dressing appropriately. If you show up to work in the incorrect attire, you could be sent home without pay and considered a "NO SHOW" (explained later) Khaki shorts and white shoes are considered to be the correct dress; khaki pants during cold weather.. PROFESSIONAL APPEARANCE Remember, you are a reflection of Universal Concerts, Inc. and Coors Amphitheatre. You are required to dress neatly and be wel! groomed (clean shaven, hair combed, etc.). If you have long hair, you will be required to pull it back with a rubber band. JEWELRY RESTRICTIONS For safety reasons, all Coors Amphitheatre employees are to refrain from wearing jewelry when working. This list includes necklaces, bracelets, rings, ear rings, nose rings, watches, sunglasses, e',c . Please leave these items in a safe place before you come to work Events Management & Coordination Plan 48 Pre-Opening Training Plan PERSONAL BELONGINGS Please leave all personal belongings locked in the trunk of' your vehicle before you check in. Coors Amphitheatre will not be responsible for misplaced or stolen person~.l items. NO-SHOWS When you sign up to work a show, you are expected to be there on time and ready to work. If you fail to report for a job, you will be considered a N0-SH0W. Coors Amphitheatre employees who NO-SHOW will be taken off the active list and not allowed to work future events. CHECK IN/OUT When you are given a reporting time, you will be given the proper uniform and ready to work at that time. For example, if you are told to report to the facility at 6:45 p.m., you must be ready to take your post at 6~45 pm. There are no exceptions to this policy. YOU MUST SIGN IN AND OUT. All hours are paid from a time sheet. You must also write your employee number, which is found on your pay check under "FILE NUMBER". Failure to follow these procedures can and will result in no pay. EQUIPMENT TO BRING TO WORK All Coors Amphitheatre employees are required to bring the following items to work for each event: ~-> Small flashlight (pocket size/no metal police type flashlights) *-} Pen or pencil *-~ Note pad (small enough to fin in your pocket.) PAYROLL You will receive a check from . Checks are issued every two weeks and will be mailed to you, or ~iven to you at a show. Checks can be picked up at on NEVER CONTACT THE VENUE OR PROMOTER FOR A CHECK!!!! INCORRECT PAYCHECK If there is a mistake on your paycheck, or you do not receive a paycheck you must notify the accounting department within 90 days of the mistake. A "Payroll Correction" form must be completed and submitted in person to the office during normal business hours during the week. Events Management & Coordination Plan 49 Pre-Opening Training Plan The Pa.woll Correction form will be forwarded to the accounting department .for immediate handling and applied to your next check. SEXUAL HARASSMENT Coors Amphitheatre does not condone sexual harassment by its employees. All employees are required to refrain from behavior that would be considered sexual harassment with fellow emplo.~ees, patrons, co-workers, otc. If you believe you are being violated in ahy way, please notify, your supe~isor, manager or Coors Amphitheatre manager immediately. Coors Ampkitheatre encourages a safe and friendly work eyivironment. See attached policy for details PAnG You are responsible for transportation to and fi-om the event. Parking location information will be given to you when you call in. Coors Amphitheatre is not responsible for employee's cars that are towed from restricted areas or burglarized RESTRICTED AREAS Backstage, Box Office, Facility Management Offices, Catering Areas, After Show Parties and Production Offices are '"' You may only be in these areas if you are stationed to work in one of those locations and have proper credentials. BREAKS Never leave your pos~ unattended!!!! Kepott any unattended post to your supervisor immediately Rest room breaks will be given to you by your supervisor. Water will be made available to you during your shift. Unnecessary visiting with co-workers is not permitted. Remember the rules of your assigned post. I No Smoking 2. No Eating 3 No Reading 4 No chewing tobacco 5. No Radios (Walkman, etc) 6 No alcohol or drugs WHAT TO DO AT THE EVENT The following are some helpful tips and procedures that you will need to master before working an event Please be familiar with this information prior to working,. Continually revie~v it if necessary. BEFORE AN E'v~ENT You are responsible for the following procedures when you arrive to work. Events Management & Coordination Plan 50 Pre-Opening Training Plan 1. Sign in with your assigned supervisor 2. Receive a uniform for the event. (You will return the uniform at the end of the event.) 3 Know your supervisor's name. 4 Listen to the supervisor's briefing. This is VERY IMPORTANT. The briefing will provide you with important information. a. Time frame of the event b. Attendance c. Type of crowd d. Anticipated problems e. Changes in policies £ Alcohol issues g Point out key people to remember h. Safety procedures in case of emergency 5. Know your duties for the show Do not hesitate to ask questions if you do not fully understand your responsibilities. 6 Know who you are working with. Introduce yourself to other Coors Amphitheatre employees. POSTURE Good posture adds to the professional appearance of all Coors Amphitheatre employees. i*Never lean or put your hands in your pockets. ';lrWhen speaking to someone, face him or her and remember to smile and be friendly. CUSTOMER RELATIONS COMMUNICATIONS A. As a Coors Amphitheatre employee, you are to be polite, cordial and helpful to patrons at all times. B Report any complaints to your supervisor concerning broken seats, sound, duplicate tickets, etc. C. Kefer any questions patrons have regarding policies to your supervisor. House policies are designed to ensure the safety and comfort of the patrons. Events Management & Coordination Plan 51 Pre-Opening Training Plan D Report any rude, overly abusive, threatening or over intoxicated pa~;rons to your supervisor. AVOID physical contact with a guest!!!! Do not push, Fab or shove any patrons. USTOMER ACCESS TO SERVICES A It is your responsibility to know the entire seating plan of the facility. 13 You must know the location of all patron facilities and services. Never give out incorrect information. If you do not know, ask vour sunervisor. + Entrances and exits + Telephones + Rest rooms + Concessions + Box Offices + Lost and found + Box Seats/VIP seating./special seating + Facility management offices + Police/security +Parking +Customer Service Booth +First Aid POST INFORMATION I Coors Amphitheatre employees should be familiar with each job description listed below. It iikely that you will perform more than one job at each event. For example, you might start ~rking at a door and then be moved, by your supervisor, inside the venue to be an usher. Learn of the important details of each job and you will be a more valuable employee.. )TTLE AND CAN CHECK l patrons who enter any facility will be checked for items that are forbidden inside the venue is is for the safety ofalI patrons. At this post, you will be responsible for asking patrons to en purses, backpacks, coats, etc. AT NO TIME SHOULD YOU PErT YOUR llANDS SIDE ANY BAGI! Use the following procedures when checking for bottle and cans at the or. BOTTLE/CAN Your supervisor will let you know how strict the search will be Some .'nts require a more in-depth search Your supervisor will explain the different searching hniques for the different caliber of shows 'vISUAL SEARCH Visually inspect the patron's clothing, bags and parcels. Politely btm that each patron is subject to a search. :nts Management & Coordination Plan 52 Pre-Opening Tra/nlng Plan Ask patron to remove their hat, lif~ pant legs, open jacked, open purse (you may put your hands under the purse so that the items inside fall around the inner lining to search for disallowed items.). You may also request the patron remove an item from the purse so that you can visually inspect contents. NEVER PUT YOUR }lAND INSIDE A PURSE!! 3. ITEMS NOT ALLOWED INTO TItE FACILITY All kerns found that are forbidden in the facility must be: a. Patron can return the item to their vehicle b. Throw item in a disposal container (must be done bythe patron) b. Check items at courtesy desk if available All items put in the trash container must stay in the trash container 4. REASON FOR SEARCI[I Explain to all patrons that it is necessary to conduct a search at the entrance of an event for the safety of all who are in the venue~ If a patron is uncomfortable with this policy, please contact your supervisor. ALWAYS EXPLAIN WHY TI:IE~y CAN'T BRING ITEM INTO THE VENUE TICKET TAKERS Ticket takers are an important aspect of any venue. They are the first staffto come in contact with the guest of the facility. A positive experience at the emrance will help the staffdeal with the patrons inside the facility. Ticket takers must greet the patrons with a warm smile and sincere greeting Be sure to get the following information from our supervisor when taking tickets. -- Description of ticket ~- What portion of ticket to keep/g~ve back ~- How to sort tickets ~- How to detect counterfeit tickets · ~ General event information ~- Items not allowed into facility If you encounter a patron who is unhappy with the rules or policies of the facility, kindly ask them to wait and have your supervisor speak to them. Politely ask them to step to the side so that you can continue to take tickets from patrons standing in line. USFIERS/AISLE STAFF An Usher's primary responsibility is to efficiently place guests in their proper seats and keep unauthorized people fi-om sit~ing in incorrect seats. Other responsibilities will include, providing a smooth access route and answering questions fi-om patrons. Events Management & Coordination Plan $3 Pre-Opening Training Plan 1 ks an Usher, you are expected to approach patrons who look like they need assistance. Do not wait for a troubled patron to seek you out or seat themselves. 2 Ushers generally work at the top or bottom of an aisle. Occasionally, additional ushers will be stationed in the middle of the aisles to cheek tickets. You are responsible for checking tickets to make sure patrons do not enter a seating area in which they don't have tickets. 3 After checldng tickets, direct the patrons to their seats ICh'OW TI-IE SEATING CONFIGU1L4.TION FOR THE AREA THAT YOU ARE WORKING!! Do not send a patron to the wrong seat 4 When the crowd flow becomes heavy, you must stand in the middle of the aisle so that patrons can see you. Continue to check ALL TICKETS and control the flow of traffic to the aisle that you are monitoring. Do not become overly involved witha person or ticket because other patrons will walk past you and improperly seat themselves. 5 When the house lights dim, you must continue to stand in the aisle and direct late patrons to their seats Use your flashlight on steps and aisles to assist guests to their seats or direct traffic. 6 Do not ignore security problems!! Contact your supervisor if you notice any patron who is unraly Duplicate tickets should also be directed to your supervisor. Your supervisor should be notified if you find an area that needs cleaning because of a spill, etc.. 7. THE AISLES MUST REMAIN CLEAR DURING TIlE SItOW. When the show begins, you must keep the aisle clear from patrons standing and watching the show. Ushers will be stationed at the top and bottom of each aisle Another usher will roam the aisle to keep it clear. DIRECTORS A director is similar to an usher, but will likely remain in one location to control crowd traffic in a large area. A director is responsible for safely directing patrons to a certain destination by using hand gestures and strong verbal communication I USE A STRONG VOICE WHEN SPEAKING TO A LARGE CROWD!! 2 Keep patrons moving, speak to the group, not to the individual. 3. Control the speed of the patrons In the event of an emergency, the directors must take charge of exiting patrons in a firm, but calm manner PIT AREA The pit area is located between the stage and the barricade It is important that when working this position you never overreact to a situation. The pit area is easily viewed by the band and the entire seating area. Calmly respond to problems in this area. Events Management & Coordination Plan 54 Pre-Opening Training Plan 1 The main objective in the pit is to keep the aisles clear and keep patr.'ons from jumping onto the stage. Always keep your eyes moving. Never focus on the same area for a long period of time. 2. Watch for people throwing items on the stage. Report that behavior to your supervisor 3. If someone attempts to get on the stage, place him or her back in the audience and explain that this behavior could result in eviction. Point out these individuals to your supervisor. 4. Occasionally, the band will request a "CONTROL RESPONSE" (explained later). During a controlled response, the stage staffwill monitor the safety and physical condition of the patrons. Please contact your supervisor if you notice an unsafe situation. FRONT OF STAGE The stage security supervisor will provide specific information concerning the arrangements of the pit and barricade for each performance. Be familiar with your supervisor's instructions and be prepared that the following situations might occur. 1. CONTROLLED RESPONSE This is requested by the band in advance. Not all facilities or bands allow a Controlled Response. The stage security supervisor will obtain specific instructions and approvals from both the facility manager and the event manager before agreeing to a Controlled Response. A Controlled Response generally wilt allow only the first few rows to come down to the staee and stand in front of the barricade during the performance. The Coors Amphitheatre staff w~ll allow the patrons to approach the barricade in a safe and controlled manner. Please listen to your supervisor's instructions and never overreact. Remember the band and the audience can see your actions! 2 BAND ENCOURAGING T[IE PATRONS TO COME TO THE STAGE If this situation occurs, the Coors Amphitheatre staff'will attempt to keep people from coming down to the stage. If it gets to the pint that someone might get hurt, continue to maintain the aisl6 to the best of your ability, however, it is best to let the people go to avoid injury. The band has a great deal of power over the crowd Attempt to maintain security in front of the barricade and try to clear the aisle from the rear. Remember, never overreact in front of the stage!! Events Management & Coordination Plan :55 Pre-Opening Training Plan BACKSTAGE Professionalism is the key to a good back stage crew. It is imperative that you conduct yourself in a polite and positive manner. Remember, the band and crew leave the venue with the impression you give them. 1 Know your job!! Know the proper passes, band members, facility managers, promoters, etc. ASK YOLrP, SLrPERVISOR IF YOU HAVE QUESTIONS!! This is a very sensitive area and must he handled properly. 2. Do not allow persons into the back stage area without the proper credentials 3 NEVER ask for favors or accept favors from anyone back stage. This includes auto~aphs, tickets, passes, food and drink, etc.. Remember, be professional. NEVER TAKE ADVA.NTAGE OF YOUR POSITION!! ALCOE~OL CON'TROL The purpose of an alcohol control team is to aid in protecting the venue's liquor licenses. This is accomplished by monitoring the sale and consumption of alcohol at the venue The alcohol control team is responsible for the following: I. Politely ask for an ID if someone appears to be under age. 2. Watch to insure that an adult does not pass alcohol to a minor. 3. Monitor purchase limits (different for each event ... see your supervisor). 4. Monitor concession lines. 5. Direct patrons to ID station. 6 Be aware of over-intoxication (notify your supervisor immediately) PARKING As a parking attendant, you will be responsible for directing traffic and directing cars into parking lots You are required to wear a reflective vest provided by your supervisor for safety. Your flashlight will also be used while in the parking area. The parking supervisor will place you at a parking position and give you complete job instructions Your assistance might also be used to drop off barricades and cones before traffic arrives ,ask questions if you are unsure what your job requirements are. The following are some safety guidelines that are mandatory in parking 1 Never stand up in the parking truck when it is moving. 2 Always wear your reflective vest. 3 Never direct traffic into an unauthorized lot 4 Always follow the supervisor's directions 5 Never deviate fi.om the parking plan. Events Management & Coordination Plan 56 Pre-Opening Training Plan Work in cooperation with the local police. They are completely in charge of the parking and traffic patterns. They are authorized to make changes at any time. Remem.~er, allow emergency vehicles through all barricades and closed roads. EVICTION POLICY Evictions and/or arrests should always be used as a last resort when all other means of reason have failed to achieve the desired cooperation from a patron or ~oup of patrons. If you believe that a patron is compromising the safety of others, or themselves, get with your supervisor - immediately. Never attempt to evict someone with out back-up form your supervisor. Rules for Eviction 1. Coors Amphitheatre's objective is to maintain a safe, comfortable atmosphere for guests at all times. Remember, the best way to correct a problem patron is by being less obvious to the other guests. Attempt to speak to the problem patron and thoroughly explain the facility rules at a · location away fi-om the seating area. Give the patron a chance to correct his/her improper behavior before you resort to eviction. 2 Avoid ~sing physical force to evict a patron. If a person must be evicted, ask them to follow you to an area that you can speak without the noise of the event. Walk directly to the gate/door and have your discussion there. Explain to the patron that he/she had the opportunity to correct the improper behavior and for safety reasons you are asking them to leave the facility. Do not let an over-intoxicated person leave without checking with the local law .enforcement at the door. 3. Let the crowd be your guide. Sometimes it is more disruptive to evict a patron than to let him/her stay. Contact your supervisor to help determine this call. 4. ANY AND ALL INCIDENTS MUST BE FOLLOWED BY A COMPLETE INCIDENT REPORT. THE INCICENT REPORT MUST ALSO BE SIGNED BY YOUR SUPERVISOR AND THE SAFETY MANAGER. CAUSES FOR EVICTION · ~ Fighting '=> Theft · ~ Willful destruction of facility property '~ Lewd or immoral behavior -~ Trespassing (not ticket stub) '~ Solicitation (selling tickets, merchandise) · ~ Dru~Alcohol intoxication (if impaired to create safety ha7~rd to other patrons) METE[OD FOR EVICITON 1 You must always try to get the disruptive person to step away from the crowded area verbally without physical confrontations. This verbal suggestion is important if your actions are questioned later. Events Management & Coordination Plan 57 Pre-Opening Training Plan 2 TN' to get the person outside the venue via the closest exit. Tell them you n.eed to speak to them outside rather than saying, "You are evicted." 3 Avoid evicting anyone by yourself GET HELP!! The presence of other Coors Amphitheatre staff members will deter a patron fi.om becoming physical. Get help from two or three other staffmembers. Never "SHARK" a patron. For example, five or six staffmembers to evict one person. 4 If verbal eviction is not sufficient, then minimal force may be employed. Minimal force is grasping the wrist or the upper arm. This does not mean wrenching someone's arm behind their hack or choke holds. 5 If the arm method is insufficient, then other restraint holds may be employed. The key work is "restrained". At no time should you push, kick or punch a patron. If you are attacked,protect yourself by restraining measures of retreat. NEVER engage in a fistfight. Remember, you are here for the safety of the venue guests. 6. Avoid talk/ng as much as possible. Sarcasm only aggravates the situation. No profanity is permitted by any Coors Amphitheatre employee. 7 Get personal information from the individual being evicted for the INCIDENT REPORT. -*- Name -*- Age -~ Physical description -*- Seat location -*' Nature of problem -*- Police intervention -~ Witnesses -*- Time of incident 3 Describe incident -*- Note injuries to staffor patron in detail (fill out incident report immediately and notify supervisor of incident) REMEMBER. WE ARE NOT POLICE. COORS AMPHITW~ATRE EMPLOYEEg ARE NOT ALLOWED TO CARRY GUNS; ILa~NDCUFFS. PEPPER SPRAY. MACE. ETC,. THE END OF THE EVENT You will be given an assignment, by your supervisor, when the event is over. If you do not receive an assignment, stay at your post and continue doing your job until your supervisor relieves you NEVER LEAVE YOUR POST UNATTENDED CLEARING THE VENUE AT THE END OF THE EVENT When the exits are clear and flowing freely, begin by asking patrons who are still sitting, "Please exit at this time Drive carefully and thank you for coming to the show." Ifa patron refuses to leave, move on- and clear the rest of the venue Notify your supervisor of those patrons who refuse to leave Events Management & Coordination Plan 58 Pre-Opening Training Plan When the house is clear, check out with your supervisor and proceed directly to the debriefing meeting. Your supervisor will direct you to the meeting area. All employees'are required to attend the debriefing. The meeting will review the staff's performance and allow you to make comments or suggestions. You may also use this time to review any incident reports with our supervisor. FOLLOWING ALL COORS AMPI~ITItEATRE POLICIES AND RULES. Coors Amphitheatre is proud to be one a part of one of the largest entertainment companies in the world and must maintain its professional status. This handbook was written to inform and teach employees a safe and constructive method to provide staffing at public events. All Coors Amphitheatre employees are personally responsible for keeping up with any changes or modification of the employee handbook. New handbooks can be obtained at the facility offices~ Each employee is required to follow the policies and rules written in this handbook. Any deviation fi.om these rules or guidelines could result in job termination without warning. Coors Amphitheatre is not held liable for any employee who acts outside the scope of his/her job description as written in this handbook. Any questions regarding rules, pollicies or procedures can be directed to the Coors Amphitheatre office during re~lar business hours. Events Management & Coordination Plan 59 Pre-Opening Training Plan COORS AMPHITHEATRE UNIFORM: PARKING: ITEMS NOT ALLOWED IN FACILITY FACILITY RULES: HANDICAPPED SEATING: EMERGENCY EVACUATION PROCEDURES: Events Management & Coordination Plan 60 Pre-Opening Training Plan Coors Amphitheatre I have read and completely understand the rules and policies in the Coors Amphitheatre handbook. I also a~ee to abide by the rules and policies outlined in the handbook as an employee of Coors Amphitheatre. By signing below, I agree to the above statement. Date Signature Address City Zip Code Home Phone Work Phone Social Security Number Events Management & Coordination Plan 61 Pre-Opening Training Plan This Page Left Intentionally Blank Events Management & Coordination Plan 62 Pre-Opening Training Plan Coors Amphitheatre SAFETY GUIDELINES .FOR MAINTENANCE & STAGE HANDS Events Management & Coordination Plan 63 Pre-Opening Training Plan GUIDELINES FOII T~BLE OF CONTENTS 1. Emergency Number 13. Jigsaws & Sawzalls 2. Hazard Communication 14. Nailers & Staplers 3. Handling Injuries 15. Chop Saws & Radial Arm Saws 4. BIoodborne Pathogens 16. Table Saws 51 Safe Lifting 17. Routers 6. Ladders 18. Heat Guns 7. Electrical Equipment 19. Chain Saws 8. Riggin9 20. Air Compressors 9. Hand & Power Tools 21. Lathes 10. Power Drills 22. Acetylene & LP-Gas Appliances 11. Circular Saws 23. Shop Vacs 12. Band Saws 24. General Safety Even~ Management & Co,ordination Plan 64 Pre-Opening Training Plan Uftl~fl.'ll~Al ~I'UDIU~ 5Ai:1:'1'¥ (! I~) EMERGENCY PROCEDURES For ;rev (~,lllt;r!!ellC~ flirt;, IllelliC;ll etC.] call: Your Name Your Location: 2050 Otay Valley Road .and which building Nature of Emergency Stay on the line as additional information may be needed. Events Management & Coordination Plan 65 Pre-Opening Training Plan UNIVERSAL STUDIOS SAFETY ?resent in t~e Work?/~ce, t~em ~m t~ree ~s/~ m~u/mments: p/ace of work. As~ your supervisor/f~ou wau[Z like to review the MSDS for ~ c~em/ca{ la ~our wor~ are~. ~anZling, u~ge, transportation, storage anZ Zlsposal. Events Management & Co,ordination Ptan 66 Pre-Opening Training Plan /FOIT MEDICAL EMERGENCIES CALL-911 Always notify your ~upervisor o~ ~ i~ljur¥. Never ~H'emp'l' Jo move ~n injured _~ 9uesL Do noJ o~¢er opinions ~s ~o t~e c~use or ex~e,~ o~ ~e injary. Keep ~re~ clear o[ ~=~;'9ues~ ~nd employee ~oo~ ~r~ic. For injuries, direcf or (i~ possible) escod ~he guesf fo Fird Aid. ENPL 0 YEE INJURIES: . Employee First Aid building; Events Management & Coordination Plan 67 Pre-Opening Training Plan UNIVERSAl. STUDIOS SAFETY WHAT ARE ~l OODBOI~NE PA THOGEN~? .. · 8LOOD~ORNE PATHOGEN5 ARE D/~EASE-CAU~IN$ V/RU~E$ OR PRESEt~ /~ HUNAh' ~lOOD. T~O EX~PIE9 ARE H/V (THE ~'0~ DO TN~ S~2~AD? · SEXUAZ TRANSMISSION OR IV DRU~ USE. ~_A ~KIN PUNCTURE WITH A SHARP OBJECT CO~INATED WITH INTECTED BLOOD. · TOUCH/N~ A CONTAMINATED SURYAC~ AND TRANSFERRING THE IN~ECHOU~ ~ATE~IAL TO YOUR EYE~ NO~ ~OUTH OR I~0 BROKEN · [HE SPLASH OF FLUID~ I~0 THE EYE~ NO~E, ~OUTH OR BROKEN PRECAUTIONS · ~EA: All BLOOD SPlll~ AND BODY FIUiD~ A~ iF [HEY ARE INFEOf/OU2 · DO NOT A~E~PT TO CiEA~ UP ANY B~OOD SP/~S OR BODY FiYlDS. NOfl~ ~0~ SYPERVI~OR I~EDIATE~Y ~0 THAT TYE SP/ZZ ~AY ~E C~EA~ED YP BY ~A/NED . ~E~T ACCIDE~AL E~SU~E TO YOU~ SUPE~WSO~ A~ OCCUPATIONAL HEALTH. Events Management & Coordination Plan 6~ Pre-Opening Training Plan UHWEttSJTL STUDIOS S~FET¥ ~ cr, Hes, /oo~ hMde ~/?. closer/~e/o~d/s 1o ~our sp/,e t~e /ess for ~ st~le h~se. KNEES. o~ject. ~ &et : fir~ grip Event~ Management & Coordination Plan 69 Pre-Opening Training Plan UNIVEI:ISAL STUDIOS SAFETY ~,~ ~o11:I fo~r Sq~/~r i~Mdy. -'~ K*q I~ ~n~ ~ I}~ b~r d~r ~f l~l~ ~r ~r~. ~ ..... _.~ -, Doa? h~ two hdd~r~ loll/bmr to ch~b~y a hdi~r. Events Management & Coordination Plan 70 Pre-Opening Training Plan UNIUEBSAL STUDIOS SAFETY wd~r. Events Management & Coordination Plan 71 Pre-Opening Training Plan UNIllEGSAI STUDIOS SAFETY s=Fe Ii:Hn~ puch~e~.. LiY~~ Avoid phc/n~ hm?~ clo~ lo sprinkler i/em 1~ too ~e~vy, :et ?ern~h~/on from t~e Y/~e Deprtment. Events M~nagement & Coordination Plan 72 Pre-Opening Training Plan UNI1JEflSAL STUDIOS SAFETY ~ ~nsure :[[~u~r~/$ ~re in p[~e. Follo~ m=nu£~ctur~rs/ns'truch~n~ on proper ~A/w:y~ ws~r ~ppr~pr/~tap~moo~/prot~ch'w ~Sacurey~ur Work. Ut/'//~b~v/~, orct:n;p~ s/~dyr4s. R~I~r ~y~/~ss~s ~r s~/~ss~s ~ ~/sc~/ /ods :r~ ?ow~r funch~n~ properly, lock ~n~ t~ out t~¢ tool RE~E~fEER: No ~at oFs~Faty un/l/it c:n ~e repl~c~Z or repa/~a~ :Z~ avery too/or aqulpmanl operation - vent//~/a~ ~n~ an~ura/hera/~ a~aqu:ta/[~h//'~g. /~s/ruc/;~ns :nd a~k your superw~or ~ Ux~/~e r/~t too/~nZ ~/bc~m~ntx Far/~ Events Management & Coordination Plan 73 Pre-Opening Training Plan UNIVERSAL STUDIOS SA.~E.T¥ ~, Events M=nagement & Coordination Plan 74 Pre-Opening Training Plan UNI'I,,tTRSAL STUDIOS SAFETY ~ Kee? h~n4s out o? tl~e ?~tt~ o? the ~ Stxnd to on~ ~i~, ~ ~T i~ Ii~e wi~b ~w b/~4~ wh~ ~i~i~. ~ Do not touch the b/~de ~:ter cutting. A/Iow time for it ~o cool ~ow~. Events Management & Coordination Plan 75 Pre-Opening Training Plan UNIliERSAL STUDIOS SAFETY ~ E:vents Management & Coordiqation Plan 76 Pre-Opening Training Plan UNII/Et:I&AL STUDIOS SAFE'P/~ Inspect [or presenee o/aa/Is and remv~'e them before commencing war/(. · · gheeP bekw warp ~u~see [or proper ehamnee be/o~ to ensure saw does ao/ s~r/~e /he workbench, ~ower ear4 govrse/~ etc. &ep /he bin& away from su&ee when fuming power When culling throffh wails or sr~ss whkh mH coats3 eke/r/es/ v/ring do not touch aff melal ~ads of/he too/. ~oW lhe /ob/ by the insuMed gmsp/,~ suffae~ Avoid/oueh/,g the bhde /mmed/sle/{ use as//mff be ho/. Riseoaaeet loo/ from Rover before a//em~/i,~ lo change the bhde. Events Management & Coordination Plan 77 Pre-Opening Training Plan UNIVERSAL STUDIOS SAFETY awa? from yo#rself ;n4 o/hers, fast~ner to ~e ejected u#inlentionally. eseh other- thh ma~ cause: r/eoeheL it to uno/her ~erson. pre-kade~ tad mat cause fastener to tgpe of hose eaqliny which discharges aff air pressare ~am tad when ejegL disevnneded from air. Events Management & Coordination Plan 78 Pre-Opening Training Plan UNIVEflSAL STUDIOS SAFETY ~-~ ~o no/~ut war?ed or uneven ~o ~ot s/a~d d/redly behind s~w whe~ A/wa~s re/urn the euttiag head lo the rear the track arm When [inhhed calling. Events Management & Coordination Plan 79 Pre-Opening Training Plan UNIVERSAL STUDIOS SAFETY bh4~. Events M=nagement & Coordination Plan 80 Pre-Opening :Training Plan UNIVERSAL STUDIOS sit? ~t t~i~ time m~? c~u~e injury or 4m~ge to t~e cutter or wo:k ?iece. Be sure cord is free ~n4 will not '~ up" 4~ri~ ro~tin~ Keep h~nd~ clear of cutter when t~e motor i~ runnin~ to prevent p~r~o~/ i~jury. Mx/~tx/n x firm grip on the router when start/n~ the motor to motor [~ running. · toppeZ before ~ettin~ m~ch[ne Events Management & Coordination Plan 81 Pre-Opening Training Plan UNIVERSAL STUDIOS SAFETY one s?~t m~y muse t~e m~terfds to i~n/te, ~ ~e~t :uns mn pm~uce temperatures up to lOOSE. Do nat'/reef t~e Events Management & Coordination Plan 82 Pre-Opening Training Plan UNIVERSAL STUDIOS SAFETY area. ~"~ Lug pro/ect/on mos/be Worn {i.e. mo/or. Ensure ehai~ is e/ear o/ail ohs/roe/ions. ~ hfainlain a firm foot/~g .aM ho/d lhe saw proper/? with both hands. Keep thumbs locked araand hand/es, au/resting on top o/haMle. ~ Guarda~ains/kickback b~ ensuring tap o/the chain does not come info eonlae/ v/ih any ob]ecl or fha/the chain becomes pinched in ~'~ '~ When culling through, re/ax pressure near · maintain eom?/cie eon/re/o£/he saw. ~55P l£cu//ing an ob. fee/on ibc grotto4 do no/a/iow/he chain la reach be floor sud, ce. · ~":Y if felling a tree, p/an a path o/safe rema/awag and diagonal (4s7 to the/[ne o/Iai/. Ensure the area is e/ear af ay personne/. · o~/'-~ Turn the ignition oIf/mmedia/e/g ,f/er v/ork is//aished Events Management & Coordination Plan 83 Pre-Opening Training Plan UNIVERSAL STUDIOS SAFETY res~l~ ~ sen~s injury. . bot. from ~e~r ar f~r~ v~"~a~er ~aa&ny~tivn Events Management & Coordination Plan 84 Pre-Opening Training Plan UNIlffR~..~ :STUDIOS SAFE'[Y ~ tools ~re sharp ~4 i~ ~aa4 condition. ~ I#s?e:t sta~ ~efare tumi~. Sto:~ shaddhave strai~h/~rai~ a~d~e bee ~ ~ * Kvq/aa/rest ~' allow ~re~ler laol eanlral and ~ithia l/4"awH from work k( greater kveraH. ensure jai~ls are ti~ht · E~sure war/( is £/rm/g seeuredbefare tam/nb use the ~ra/(e ar turn aff ?awer tarn/ny. Rough out sloe/( at s/aw speeds. E~ents Management & Coordination Plan 85 Pre-Opening Training Plan UNIVERSAL STUDIOS SAFETY ~E~ER u~ ~ f/~e 1o t~t for Events Management & Coordination Plan 86 Pre-Opening Training Plan UNIVERSAl. STUDIOS SAFETY cbemies/~. ~ Turn paver aY be?are removiag oat/et from wall. ~ Ensvr~ mod~/ af shq vae is designed to pkk q/iqvidbefare vaeaum~ff water or Even~ Manag~ent & C~in~on Plan 87 Pr~pening Training Plan Never attempt to operate any piece cF equipment, tool or vehicle on which you have NOT been trained. Always wear the appropriate personal protective equipment (PPE) when operating tools, equipment or machinery. Iqake every e~'~ort to keep your work area as clean as possible and flee from debris, trip hazards and fire h~z~rds. Keep sa[ety in mind. ~lwa~s ewlu~te your work ~rea ~er possible unsafe conditions. Do not engage in horseplay or other potentially hazardous or unauthorized behavior. Alert your Supervisor and co-workers of ;ny unsafe conditions. Attend all safety meetings, which are held in your department on a regular basis. Read all posted safety bulletins. Events Management & Coordination Plan 88 Pre-Opening Training Plan ~FETY GUIDELINES FOR I have received, understand and agree to comply with the "Safety Guidelines for Maintenance and Stage Hands" which includes the following topics: Safety Hotline Emergency Number Hazard Communication Handling Injuries Bloodborne Pathogens Emergency Evacuation Safe Lifting Ladders Electrical Equipment Rigging Hand & Power Tools Power Drills Circular Saws Band Saws Jigsaws & Sawzalls Nailers & Staplers Chop Saws & Radii Arm Saws Table Saws Routers Heat Guns Chain Saws Air Compressors Lathes Shop Vacs Acetylene/LP-Gas AppliancesGeneral Safety Name (print) Signature Social Security Number Date Supervisor's Name Events Management & Coordination Plan 89 Pre-Opening Training Plan ~AFETY GUIDELINES FOR RECEIPT I have received, understand and agree to comply with the "Safety Guidelines for Maintenance and Stage Hands" which includes the following topics: Safety Hotline Emergency Number Hazard Communication Handling Injuries Bloodborne Pathogens Emergency Evacuation Safe Lifting Ladders Electrical Equipment Rigging Hand & Power Tools Power Drills Circular Saws Band Saws Jigsaws & Sawzalls Nailers & Staplers Chop Saws & Radii Arm Saws Table Saws Routers Heat Guns Chain Saws Air Compressors Lathes Shop Vacs Acetylene/LP-Gas Appliances General Safety Name (print) Signature . Social Security Number Date Supervisor's Name Events Management & Coordination Plan 89 Pre-Opening Training Plan Coors Amphitheatre Medical Assistance Plan Emergency procedures for Universal Concerts Amphitheatre at Chula Vista. Injured Patron, Patrol down etc. Any staff person who finds a patron that has been injured must call for medical assistance immediately. I. Medical assistance can be found by contacting the medical provider on radio channel assigned to the provider. 2 Calling the administrative office. Details The staff person who makes the call for medical assistance must ~ve COMPLETE DETAILS of the severity of the injury and the exact location of the injured person or persons. It is important to stay calm and speak in a normal voice when using the radio to report an injury. Stay with the injured party until medical personnel or the Safety Manager arrive on the scene Medical Staff Medical staff personnel will dispatch a medical team to the injured person. Personnel on this team will determine if the injured person will need to be transported via ambulance to the hospital. Team personnel will also place a 911 call if necessary. Safety Manager The Safety Manager will be responsible for notifying the parking manager where the ambulance should go. The Safety Manager will also write a full report of he incident. The incident report must be submitted to the operations Manager before the end of the event. Radio Monitoring. The administrative office must monitor all radio communications during an event. Events Management & Coordination Plan 91 Medical Plan Even Medical , Services, Inc. Corporate Offices: 10765 Noel Street · kosAlamitos, CA90720-2547 (562) 493-2070 ,, (714) 821-6166 · (800) EMS-1180 . FAX: (714) 821-1942 h[tp:l/www.evenlmedical.com Branch Offices in San Jose/San Francisco & San Diego (408) 294-7300 . (619} 294-4177 February 25, 1998 Universal Concerts 2050 Otay Valley Road Chula Vista, CA. 91911 Attn: Mr. Jon Martin, General Manager Dear Mr. Martin: In follow-up to our conversation regarding staffing requirements for your new Amphitheatre slated to open this summer, our finn has been providing on-site first aid services at a number of outdoor venues in California for a great number of years. In most instances, this has been accomplished with Emergency Medical Technicians (EM-Ps), who have a state health code scope of practice that follows basic first aid and basic life support. The vast majority of incidents we encounter (and in 1997 we covered 3,332 events representing 5,909 actual work assignments) are of a basic first aid nature. This approach allows us to cover the window of experience from the time an attendee at the event becomes sick or injured, in rendering care, until the patient recovers to return to the event or can be safely evacuated off-site. In many instances, if off-site evacuation is needed with things like simple sprains/strains or fractures, this can be accomplished by a pdvate auto once care has been rendered. In those rare situations when.the matter is more serious or life-threatening, then the local ambulance and/or paramedics are summoned while basic life support care is rendered. Since it's opening in the early 1980's, we have provided the on-site care at Irvine Meadows Amphitheatre (a 15,000+ seat amphitheatre). Our staffing includes one EMT for the First Aid Station, then two-EMT's for a response team into the seating area using an electdc mini-ambulance cart. For some concerts, we may add another two-EMT response team. Similar staffing has occurred at Devore Stadium at Southwestern University, which is nearby to your new venue, for Bill Silva promoted concerts in '92 for the Jerry Garcia Band (3 EMT's) and again in '96 for the HORDE Tour. Events Management & Coordination Plan 93 Medical Plan Coors Amphitheatre Venue Booking Fotni Cover Sheet Coors Amphitheatre will be providing the City of Chula Vista use of the amphitheatre facilities for cultural arts events for a limited number of dates. In order for the city to maintain a schedule of its events, groups wishing to avail themselves of amphitheatre facilities will need to complete a venue reservation form and submit it to the Cultural Arts Coordinator for consideration. Remember, not all applications will be approved because of limited availablity. Please supply the information requested on the form, to include: ' The name of your organization and some descriptive information about the history, size and purpose of your group. This could include information about how the group contributes to the cultural atmosphere of the region. Provide information about the performance you are proposing. This could be the number of people you will have performing, what types of performances you would like to stage, the size ~f the audience you anticipate and how long you expect the performance to last. You will need to list the requirements your organization needs in the way of electrical power and sound system (such as microphones, speakers, amplifiers, etc.) Any special needs of the performers will need to be listed in this section of the form. Lastly you will need to indicate a preferred date and time you would like to stage the performance It would probably be preferable that you indicate a secondary choice for your scheduled date and time to allow flexibility to the city and Coors Amphitheatre in scheduling your event. The completed Venue Booking Sheet should be submitted to: Ric Todd Cultural Arts Coordinator Parks, Recreation and Open Space Department City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Events Management & Coordination Plan 95 Additional Facilities Uses~Promofion Plan Venue Booking Sheet Performing Group/Artist Reservation Form Organization Name: TIxe Hi&pan~ Fr~o D~ Trovqoe Contact Person: Glx?rix~Ot~i~te~'o Street Address: J. 245 ~p~ Dr~e City: M~B~ State: ~ Zip Code: 32150 Phone(Home) 22~-563¢ Business: Fax: 221-5635 Please include a statemenffdescription about your org~ation: ~ ~ w~ tr~~H~F~D~ ~~ ~15 y~s~ Description of the proposed peffomance: D~sw~m tr~~ ~ ~ ~~ ~we to ~ r~ w~e ~ Please indicate ~e of performance X D~ce Music Theater Other T~e ofele=~caVsoun~ nee&~: p~ w~ ~~ ~ ~~~tor~~~ Prefe~ed time/date: W~ ~t~ 5 -6 &~pr~r~ ~e. T~w~~ ~to~4 ~.~ ~~ Send To: Ric Todd Cultural Arts Coordinator Parks, Recreation & Open Space Department City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Events Management & Coordination Plan 97 Additional Facilities Uses/Promotion Plan Coors Amphitheatre Noise Monitoring & Curfew Plan As a part of the city-required noise monitoring, Coors Amph/theatre will provide at the beginning of the concert season a listing of the performers who will appear during the concert season. The city will then make a determination on which event presents the possibility of creating sound which might be in excess of the city's noise ordinance. When selected, the city will monitor the sound from that concert using a company such as SPL Services to measure sound levels in ~he surrounding residential neighborhoods. Coors Amphitheatre, in accordance with the conditions of the Conditional Use Permit, will bear the cost of the sound monitoring of the concert event. If the city noise standard is violated, the amphitheatre will work with the city to develop mitigation measures to bring sound levels within the levels required by city ordinance. Evening concert events will normally begin at 7:30 p.m. Some events may start earlier than 7:30 p.m. if Coors Amphitheatre determines this is necessary in order to complete the performance before the curfew time. Concerts held on Sundays through Thursdays will end no later than 11 p.m. Concerts held on Friday or Saturday will end no later than 11:30 p.m. It is understood that Coors Amphitheatre will be allowed to continue concerts beyond the curfew time no more than five (5) times in one year. The amphitheatre will notify the city in advance of the event if it is determined it will run past the curfew time. If a previously notified event does not go beyond the curfew time, the event will not be counted as one of the five (5) allowable curfew modifications allowed by the city. Festival events will have a starting time earlier than stated above, but will comply with the curfew hour. Events Management & Coordination Plan 99 Noise Monitoring & Cun'ew Plan Coors Amphitheatre Emergency Response/Evacuation Plan Coors Amphitheatre at Chula Vista Safety Philosophy It is the philosophy of Coors Amphitheatre at Chula Vista that everyone is entitled to a safe and healthy place in which to work. To this end, we are committed to making every reasonable effort to maintain and improve quality programs for employee accident prevention, fire prevention, emergency catastrophe planning and industrial hygiene. Work related accidents which result in personal injury or damage to property and equipment are a needless waste of time, talent and materials. It is the policy of Coors Amphitheatre at Chula Vista management to maintain strict standards of loss control. Coors Amphitheatre at Chula Vista intends to eliminate or minimize the cause of accidental loss and to develop operating conditions and personnel procedures wh/ch will permit it to operate the amphitheatre with maximum efficiency, flee from personal injuries and property damage. The following safety guidelines have been established which consist of an Alcohol and Drug Policy, General Safety Rules and regular meetings ora Safety Committee. Each department head is responsible for prevention of accidents and damage to equipment his/her respective areas Each individual employee is responsible to perform his/her duties and tasks in a safe manner and must observe and follow safety polices published by Coors Amphitheatre at Chula Vista. Safety must become as much a part of your job as is the quality of your work. Attached are copies of the Alcohol and Drug Policy, General Safety Rules and a form to sign and return to your supervisor, stating that you have received and read these policies. Please read your packet and return the form to your supervisor immediately Events Management & Coordination Plan 101 Emergency Response/Evacuation Plan Pre-Show Safer* Check Ten hours prior to every event at Coors Amphitheatre at Chnla Vista, the Operations Director will be required ~o walk through the amphitheatre and note any safety infractions. All infractions are required to be corrected before letting patrons into the venue. The following is a list of conditions to be checked. I. Clear Walkways: All aisles and walkways must be clear of debris. At no time should an object block an entrance and/or exit. The aisles and walkways must also be free of standing water or other substances that might cause a patron to slip and fall. Any infraction must be corrected before the public is allowed to enter the facility. During the show, the aisles must be kept clear in case of an emergency. All handicapped ramps and exits are to remain accessible at all times. · 2.Fire exits clear, unlocked and well lighted: All fire ex/ts in the facility shall remain unlocked when patrons are in Coors Amphitheatre Amphitheatre at Chula Vista. It is essential the exits are clear from debris and are well lighted. 3. Items that might be thrown by patrons: Any items that could be thrown by patrons must be removed from the facility, 4. All hanging items are well secured: Any items that are hung above the public must be properly secured. Items to check should include: signs, banners, speakers, lights, electrical wiring and stage lighting. 5. Clearly marked steps: All steps in the facility must be marked with yellow/orange paint. 6. Exit signs illuminated: All exit signs must be illuminated and properly worlcing. This condition is required in all areas such as Hospitality area, Dressing rooms, Back Stage Area, administration, concessions and all public areas. 7. Portals free of obstacles: All portals at Coors Amphitheatre at Chula Vista must be clear and free of debris prior to opening the facility to the public. 8 Public areas well lighted: All areas accessible to the public must be properly lighted. Lights must be checked and worldng properly before the public can be allowed to enter the venue. 9. Fire extinguishers: Fire extinguishers must be in place and in working condition. Extinguishers must be checked by a qualified technician at the beginning of each concert season. Events Management & Coordination Plan 103 Emergency Response~Evacuation Plan WEATHER In the event of a weather related emergency at Coors Amphitheatre at Chula Vista, the following procedures should be implemented~ 1. WEATI-[ERWATCH~ The Operations Manager ofCoors Amphitheatre at Chula Vista will be responsible for checking on the weather predictions for the show. If severe weather is predicted for the evening, the staff will be briefed prior to opening the venue to the public. 2. EXPECTED SEVERE RAIN, FLOOD, LIGHTNING OR HAl]L: If the Coors Amphitheatre Management Team is expecting heavy rain, lightning, hail or flooding in the area, the working staffwill be informed prior to opening the facility to the public. The staffwill inform the patrons as they enter the facility the weather could be poor and they are allowed to use their stub to re-enter the facility i£they want to take cover in their cars. A stage · rmouncement will be implemented if the weather becomes dangerous. The decision to make that announcement will be made by the General Manager and the Operations Manager. 3. L~qEXPECTED SEVERE RAIN, FLOOD LIGHTNING OR HAIL: If Coors Amphitheatre Management Team is surprised by severe weather, the staffwill be advised by the Operations Manager that it is acceptable for the patrons to return to their cars for safety and re-enter the. facility.when the severe weather has stopped. The staffwill also be informed of the alternate safety shelters. A stage announcement will be implemented if the weather becomes dangerous. The decision to make that announcement will be made by the General Manager and the Operations Manager. The General Manager will inform Universal Concerts, Los Angeles of the situation at the facility. 4. D[RECTI]qG PATRONS TO EXITS~ The working staffwill remain in their assigned locations and direct the public to the nearest exit. The staff, in cooperation with security personnel, will also keep all aisles, exits and portals clear. The staff member in the handicapped seating will be responsible for directing handicapped patrons to the wheelchair ramp exits. Events Management & Coordinat/on Plan 105 Emergency Response/Evacuation Plan 6 PREPAIL&.TION FOR BOMB SEARCH: When the facility has been evacuated, the Chula Vista Police Department will coordinate the search procedures. The patrqhs will be allowed back into the amphitheatre when the police and the General Manager are confident that it is safe. Events Management & Coordination Plan 107 Emergency Response/Evacuation Plan INJURED EMPLOYEES AND PATRONS If a fellow employee or patron is injured at the Coors Amphitheatre at Chula'Vista, the following procedures should be implemented: 1. NOTIFY ON-SITE MEDICAL TECHNICIAN': Ifa working staff person finds an injured patron or employee, h~/she must notify a staff supervisor immediately. The supervisor will call the medical technician via two-way radio. It is important that the EXACT location of the injured party is given to the medical technician. 2. TREATMENT OF THE INJURED PERSON: The injured person should not be moved unless he/she is in a location that is dangerous. CPR or First Aid should be administered by a qualified/certified person if needed. 3. NOTIFY COORS AMPHITHEATRE MANAGEMENT TEAM OF INCDENT: The supervisor should contact a venue management team person and explain the situation. 4. CALL FOR AN AMBULANCE: ffthe victim is in need of an ambulance, the medical technician will notify the event secretary. The event secretary will call the emergency number and give directions to the incident. 5. GIVE IN"FORMATION: When the on-site medical technician arrives, exptaln what happened. Only give assistance to the medical technician if he/she requests your assistance. 6. GATI-I:ER INFORMATION: Obtain all information from witnesses to the incident. Include name, address, phone number, brief description of incident, etc. Write information in your notebook and at the end of the evening fill out an "Incident Report." The employee should keep one copy of the report and turn in one copy for the security company and one for Coors Amphitheatre. 7. DIRECTING TI-I:E EMERGENCY VEHILCLES TO TI--I:E INCDENT: The venue Parking Manager will be responsible for informing the parking staff of the emergency. The parking staff will watch for the emergency vehicles and open barricades and direct them to the entrance closest to the incident. The parking staff will remain in their assigned locations. Events Management & Coordination Plan 109 Emergency ResponsdlEvacuation Plan ALCOHOL AND DRUG POLICY The improper possession, distribution or consumption of alcohol or drugs in the work area or at any work location site is prohibited. Also prohibited during working hours Or immediately prior to reporting to work is the use of any medication, oral or otherwise, that detrimentally .affects the central nervous system or otherwise interferes with the individual's ability to perform work properly or safely. These include, but are not limited to, amphetamines, barbiturates, narcotics or other dangerous or illegal drugs. For the employee's safety and the safety of other employees working nearby, Coors Amphitheatre will not permit employees to work While under the influence of any of the above mentioned substances whether prescribed by a physician or not. Certain drugs or substances which may be purchased "over the counter" are unsafe in certain job categories because they tend to reduce alertness, bring on drowsiness, cause a slow reaction time or thereby affect the individual's efficiency or create a safety hazard for the individual or others. These substances include among others, some amphetamines, pain relievers and remedies for cold or hay fever. If employees require medication, they should give their physician or pharmacist a detailed description of the nat'are of their work. If their doctor or pharmacist has any concern with respect to the nature of their work, they should contact the operational division personnel department for assistance. If an employee appears to be intoxicated or affected by any substance which might impair normal body function or judgment, he/she shall be suspended fi-om their job assignment pending investigation of the circumstances. Lf circumstances show the employee acted improperly or carelessly due to the unauthorized use of alcohol or drags, he/she will be subject to disciplinary action which may result in discharge and/or prosecution, if warranted. It is the responsibility of each employee to being suspected improprieties and irre_walarities to the attention of his/her supervisor or the Operations Manager. The supervisor or Operations Manager shall immediately conduct an inquiry into the matter. It is extremely important that information regarding suspected improprieties and irregularities be reported to only those individuals specified in this policy statement or other individuals who have a need to know. Although inquiries and/or investigations should be done diligently, they must be performed in a manner which will not only protect innocent individuals, but also protect the company against any basis for claims of defamation. In general, the company's effort is to assure our employees of the safest conditions possible and to have them be cognizant and considerate of the feelings of their fellow employees. Ail pe~:sonnel associated with your respective department should be informed of the contents of this policy statement. Events Management & Coordination Plan 111 Emergency Response~Evacuafion Plan Bomb Threat Report Form 1. Exact words used in the threat 2. Tim~ 3. Date 4. Detonation time Stated location Male Female Accent Dialect Age. Child Teenager Young Adult Adult Elderly. Unknown 5 Did the person calling indicate a familiarity with the building;? If so, how? 5. Did he/she gi'~e a reason? 6. Did he/she give type of device? 7. Manner of tone of voice. 8. Back~ound noise? 9. Day of week Payday Holiday. 10. Miscellaneous 11. Person receiving threat. PositionfFitle Events Management & Coordination Plan 113 Emergency Response/Evacuation Plan Coors Amphitheatre Field Operating Guide - Mass Casualty Incidents Introduction This Field Operating Guide (FOG) shall serve as a guideline to manage most mass casualty - incidents (MCI's) at Coors Amphitheatre. Initiating the Plan There are many good definitions ofa '~Mass Casualty Incident.'' For the purpose of this guideIine, an MCI is any scenario where, in the opinion of the on-scene personnel, a formal triage process is necessary. The number of patients is not the only consideration. The severity of the injuries, the location of the victims and the possibility of additional injuries must also be taken into account. In the end, the decision to implement the MCI plan could be made by any firefighter, law enforcement officer, or amphitheatre staff supervisor, based on their assessment of the situation. If the severity of the MCI is determined to be greater than the locally available resources can handle, the Chula Vista Fire Department will make arrangements to initiate the Unified San Diego County Emergency Services Organization Annex D plan for Multi-Casualty Operations. This plan recommends an initial fire department response &three pumpers with nine (9) fire personnel, one truck with four fire personnel and one battalion chief. Refer to the organizational chart in a subsequent section to see how this plan would deploy these first-alarm resources. When an MCI is declared by on-scene personnel, this response should be evaluated and adjusted early to match the magnitude at the incident. Strategic Objectives As stated previously, this plan was developed to manage a large-scale medical emergency. The assumption was made that our primary considerations would be triage, treatment and transportation of the injured and relocation of the non-injured to a safe location. To that end, the following six strate~c objectives have been identified: I Exit Control Triage 3. Extrication Medical Treatment 5 I~'anspor/ation 6. Traffic Control Events Management & Coordination Plan 115 Emergency Response/Evacuation Plan Primary triage will begin inside the amphitheatre, where most of the people are located However, as the incident progresses, injured people will probably be found near exits and even in the refuge areas outside of the facility. Personnel from the following agencies will be assigned to triage: 1 Chula Vista Fire Department 2 Event Medical Services (EMS) personnel Triaee will be performed by personnel from Event Medical Services, Inc~ (EMS), the on-site medical provider, and bv fire department personnel. The trlaee operation can be headed bv an EMT-Basic or paramedic, as assigned by command. Personnel performine triage functions will be assic, ned to the Triage Group and will be led bv a triage officer Extrication Extrication, in the context of an MCI at Coors Amphitheatre, refers to the simple packaging a. nd removal of victims to the treatment area. Extrication personnel will work in teams of at least two. They must be equipped for spinal immobilization, but will have time to do little else. The primary objective of the extraction operation is to move injured people to the treatment area quickly, without causing further injury. The order that patients will be moved will b~ determined by the triage process; patients that have been through the triage process should be tagged and readily identifiable. Personnel from the following agencies will be assigned to the extrication group: 1. Chula Vista Fire Department personnel 2 StaffPro personnel Extrication will be performed bv StaffPro, event security personnel, under the direction of Chula Vista Fire Department personnel and bv fire deoartment personnel. They will be assigned to the Extrication Grou[} and will be led bv the extrication officer. Medical Treatment The sophistication of treatment rendered in the field is dependent upon personnel and supplies. Depending on the number of patients, treatment will probably be limited to the stal~ilization of life-threatening conditions, treatmem of shock, a continual reassessment of conditions and packaging patients for transportation to the hospital. Transnort should not be delayed for purposes of treatment Primary treatment areas will be set up based on ease of operation for the medical component. One of the first priorities of event security staff and the police department will be to evacuate and secure this area reserved for medical treatment under the MCI plan. Events Management & Coordination Plan 117 Emergency Response/Evacuation Plan · The perimeter road to the west of the venue in parking lot B which will be em.i~rgency vehicle (ambulance) staging area. · The gate to the south of the First Aid/Security building which will be the exiffor patients from the ~'eatment area to the ambulance staging area. Personnel from the following agencies will be assigned to the traffic control group: 1. Chula Vista Police Department personnel 2 San Diego Valet & Parking personnel Incident Command Structure As with any multi-agency operation, it can be expected that tbfiS incident will utilize a unified command structure, with representatives fi-om the fire department and law enforcement agencies participating. A primary command post will used to manage the incident. The six most likely strategic objectives are identified above. Each of these objectives should be assigned to a group: exit control, triage group etc. On small incidents, these groups could report directly to command. As the incident escalates, however, other command entities should be established. Branches If the incident involves more than just a medial situation, consider the use of branches. Branches are established to control an entire aspect of the incident. Examples are the fire branch, which would handle all fire fighting activities; the hazardous materials branch; the law enforcement branch and the medical branch, under which would fail most of the activities defined in this plan. Other branches could be added as needed. Logistics One or more individuals could be assigned to logistics. Their responsibilities would include securing large quantities of supplies and equipment. Staging It is anticipated the initial recommend response from the fire department (to be determined) would be adequate to deal with an MCI. At this level of response, there will not be enough people on scene to establish multiple staging areas, and it may not even be needed. However, if additional units are ordered, the following two staging areas should be set up. 1) Ambulance Staging Ambulance staging can be established. The ambulance-staging manager should instruct the cre/vs to stay with their rigs and prepare to unload any extra medical supplies they have on board. As the transportation group orders Events Management & Coordination Plan 119 Emergency Response/Evacuation Plan EXIT CONTROL GROUP Responsibilities under MCI at Coors Amphitheatre 1. Take control of the public address system or use bull horns. Make the following announcement as soon as possible and repeat several times: "May I have your attention please.~ Due to the . we are evacuating the .amphitheatre. Please listen carefully to the following instructions. If you have an injuw that requires immediate medical treatment, and can walk. please report to the treatment area located . Medical personnel will meet you there If you are injured and cannot walk. help is on its way. If you are not'injured or do not require immediate treatment, please exit the amph#heatre through the closest available exit. People will be available to direct you to these ex, ts. 7ou may take refuge in your car or ~n the refuge area located 2. Make sure, via your radios, that all agencies are aware that the MCI plan has been activated. 3. Security personnel should report to their assigned exits to help with the evacuation. People should be routed as follows: Non-injured parties should be routed out of the amphitheatre to the refuge area outside the structures. Injured parties who require treatment and can walk should be routed to the medical treatment area south of the First Aid/Security building in the West Plaza area if pedestrian traffic allows. If routing these patients back to the treatment area would impede the egress of others, assemble these patients near your gate and advise command of the situation. Events Management & Coordination Plan 121 Emergency Response/Evacuation Plan EXTRICATION GROUP Responsibilities under MCI at Coors Amphitheatre 1. Extrication teams of at least two people will be formed to carry patients from the scene of the incident to the Medical Treatment area. 2. Teams will be supplied with spinal immobilization equipment to avoid further injury to patrons. 3. Patients will be tagged by the Triage Group to be readily identifiable to the Extrication Group. Patrons without a tag will not be moved until classified. 4. Patients will be moved in the order of severity of their injury as determined by the triage process tags. E~ents Management & Coordination Plan 123 Emergency ResponsdEvacuation Plan TRANSPORTATION GROUP Responsibilities under MCI at Coors Amphithcatr¢ 1. Take patients from the Medical Treatment area to the ambulance sta~ng area for.transport to medical facilities. - 2. Make contact with local hospitals and determine the number and classification of patients each can receive. 3. Bring ambulances fi.om the staging area to the gate where, they can be loaded into vehicles from the treatment area. 4. Create and maintain a record for each patient sent to a hospital for treatment. This record should include patient's name, extent and type of injury and whict~ treatment facility the patient is sent to. Events Management & Coordination Plan 125 Emergency Response/Evacuation Plan Events Management & Coordination Plan 127 Emergency Response/Evacuation Plan Events Management & Coordination Plan 129 Emergency Response/Evacuation Plan Coors Amphitheatre Pyrotechnics/Special Effects Policy In the event that onstage pyrotechnics/special effects will be used, the following procedures will be used: The C hula Vista Fire Department will be notified in advance of the event and informed of all details relating to the pyrotechnics/special effects. A licensed California pryotechnician will be employed by Coors Amphitheatre and will make a direct contact with the Chula Vista Fire Department regarding permits. The licensed pyrotechnician will speak with the band's traveling pyrotechnician to obtain a list of the pyrotechnic devices being used, with a description of the effect and the type of flammable material used as well as a stage plot showing where the pyro devices are placed and their distance from the audience. Events Manag~nent & Coordination Plan 131 Special Effects Plan Coors Amphitheatre Parking Plan Prepared by: San Diego Valet & Parking Services 2298-81 Caminito Pajarito San Diego, CA 92107 (169) 223-3779 When traffic comes around the last bend on Otay Valley Road, they will be in three lanes. Two of those lanes of traffc will enter the site on Otay Rio Road. Lane one'(l) will be the fight-hand lane and lane two (2) will be the center lane. As they enter the site, lane one will bill lot "C". (see chart on next page) Lane two will fill lot "B". As these lots fill, we will work out way clockwise, filling the lots South to North. This makes lot "A" the last lot filled. The reason for this order is to insure Maximum Pedestrian Safe~. V.IP.'s will use lane three (3), the left-hand lane, and will enter the facility using Spyglass Hill Road. This third land will be used for V.I.P.'s only. This third lane will also be the emergency access route for police, fire and medical persons entering the facility. When they enter Spyglass Hill Road, there will be a lane around the exterior of the entire facility dedicated for emergency vehicle use. Parent/Limousine drop offwill be in lot "B". People will enter lot "B" at entrance two (2) along Castle Pines Avenue, will accomplish their drop off at he northern side of the lot and will exit lot "B'"using entrance one (1). Parking in all lots will be Universal Style. This means cars will be controlled by the parking staffto ensure maximum capacity and control. There will be fire lanes between each of the rows and around the interior of each lot. Events Management & Coordination Plan 133 Parking Plan Events Planning & Coordination Task Fobce February 24, 1998 Attendees: Jon Martin Universal Concerts Bill Parsons Universal Concerts Chris Bitterlin Bitterlin Development Chris Salomone Director, Community Development, Chula Vista Allen Wilkerson California Highway Patrol Andy Tmjillo Chula Vista Transit Len Moore Chula Vista Chamber of Commerce Sid Morris Assistant City Manager, Chula Vista . Bob Leiter Planning Director, ChulaVista Sgt. Richard Coulson Traffic Division, Chula Vista Police Department Ralph Leyva Public Works Traffic, Chula Vista Brad Remp Building and Housing, Chula Vista Michael Meacham Conservation Coordinator, Chula Vista Martin Nliller Associate Planner, Chula Vista Planning Department Fred Kassman Redevelopment Coordinator, Community Development Charles Pugsley Events Coordinator, Chula Vista Police Department Joe Monaco Envirornnental Projects Manager, Community Development M J. Diosdado Crime Prevention, Chula Vista Police Department Deidre Markley Community Development Specialist Walt Fisher Universal Concerts Copies of the Events Management Plan binder were distributed to members with an index of areas the final plan will cover. Also included were summaries of previous sub committee meetings of the Traffic and Safety sub committee, the Policy and Procedure sub committee and a draft version of the traffic plan for amphitheatre events Project Schedule: It was reported the schedule for construction is still valid for an early to mid- June opening, but the rain has happened at the worst possible time. The grading was delayed, but grading is not the critical path item. The completion of the bowl and the foundation pads are the critical items and it is still within the realm of possibility to get those tasks accomplished on schedule. Task Force Meetings: Jon Martin said he had held individual meetings with various personnel from different interest areas on the task force. He had made progress in a number of areas. He suggested continuing these individual meetings as a way to facilitate the work of the task force and limit the requirement for a great number of meetings of the overall task force. Work accomplished in the individual meetings and in sub committee meetings would be sent to members of the overall task force for inclusion in ~heir binders and to give them material to discuss at future meetings. Events Management & Coordination Plan 135 Task Force Meeting Summaries There was also some discussion of whether or not a performance by a Hispanic act at the amphitheatre would cause a difference in the traffic pattern and concert attendance. Evidence of other Hispanic events in the San Diego area seems to indicate there would eot be a problem with larger attendance. Large CrOwds at sporting events oriented to the Hispanic community did not carry over into the general entertainment field. It was suggested that the traffic plan include a description of traffic circulation when a greater number of people come from the south rather than the north which might be the case for a performance by a Hispanic mist. While the draft traffic plan indicated some use of Heritage Road by Universal Concert staff and vendors, Chula Vista Police Department personnel indicated they would like to eliminate Heritage Road as an access completely because of the physical nature of the road and its lack of adequate lighting. Contacts had been made with San Diego Police officials and it was indicated they had no problem with blocking Heritage Road altogether or severely limiting traffic to concert events. A deadline of March 4, 1998 was established for city staff and other parties to fax their comments.on the draft traffic plan to Universal Concerts. A revised plan will be distributed by Universal Concerts within one week or sooner of receiving these comments on the draft plan. Parking and Directional Signage: Universal Concerts indicated it would have a plan for parking and a list of the signs necessaD' to facilitate tkis process, as well as signs to speed traffic flow in neighborhoods surrounding the amphitheatre, by the date of the next meeting of the Traffic and Safety Sub Committee. Freeway Signage: Former Councilman Len Moore, representing the Chula Vista Chamber of Commerce, said he would help coordinate a general meeting between different departments and CAL Trans in order to see what can be done about getting signs on the freeway to indicate the exit .to take for the amphitheatre. He said such a meeting had been useful in gaining signage for the Olympic Training Center and thought it would be helpful here. Events Management & Coordination Plan 137 Task Force Meeting Summaries Events Planning and Coordination Task Force March 24, 1998 Attendees: Jon Martin Universal Concerts Jay Sheehan Universal Concerts Sid Morris Assistant City Manager, City of Chula Vista Fred Kassman Redevelopment Coordinator, Community Development Charles Pugsley Events Coordinator, Chula Vista Police Department John Lippet Public Works Director, City of Chula Vista Brad Remp Building and Housing, City of Chula Vista Martin Miller Senior Planner, Chula Vista Planning Department Andy Trujillo Chula Vista Transit Joe Monaco Environmental Projects Manager, Community Development Ralph Leyva Public Works Traffic, City of Chula Vista Jeri Gulbransen Public Information, City of Chula Vista Mike Becker Watch Commander, Chula Vista Police Department John Liken White Water Canyon Walt Fisher Universal Concerts Copies of the information for the Events Management Plan binder were distributed to members attending the meeting. Additional copies were provided to the Community Development Department for distribution to members of the task force who were not present at the meeting. Project Schedule: Universal Concerts reported an accelerated construction schedule was still under discussion to compensate for delays caused by some 30 days of rain. It was anticipated a decision on the schedule would be made by April I Such an accelerated schedule would go into effect on or about that date since it might not make sense to institute it sooner in the face of reports of more rain in the next few days. Such a schedule might include building more than one building at a time, adding more manpower to the construction crew, going to a two-shift work day, working seven days a week instead of five and perhaps using lighting to len~hen the time work crews could be active on the site. The Building and Housing Department expressed a desire to be informed of the new schedule in order to facilitate building inspections which might be necessary at off hours. The first firm concert date is July 10 and Universal would like to have a "sof~" opening prior to. that date to introduce the facility to the community and validate operating procedures for the facility prior to an anticipated larger crowd. Signage: Universal Concerts reported a signage package was being developed by Motivational Systems, Inc. and would be presented to the planning department April 3 for its evaluation. The sign designs would then be presented to the city Design Review Commission at an April 20 meeting for approval. This package would include the Marquis or Monument sign, parking lot signs and other signs for the amphitheatre. Events Management & Coordination Plan 139 Task Force Meeting Summaries new name was reached prior to that date, in order to not confuse the public an~ allow for an education period at, er the concert and water park seasons · Universal Concerts wondered if it was possible to get an address on Otay Rio Road and thus avoid the problem of changing the address of the venue if the name of Otay Valley Road was changed. City staff said it was within the realm of possibility, but wondered if such a change might dilute the value of signage on the freeway. Community Development staff indicated the property owner at the bend in Otay Valley Road had been notified by the County of San Diego about the necessity of cleaning up the wood pile on the site. The property owners had indicated a willingness to clean up the wood pile at their expense rather than seek state grants which might require extensive state involvement in future plans for the development of the property. Staff indicated it was confident the problem would be resolved and the area cleaned up by June 1. Staffindicated grant money would only be sought if the property owner had not made arrangements for the cleanup in a timely manner. There was an indication money for the clean up would come from the property owner to the city and that city staff would arrange for a contractor to do the actual work on the site. Community Developmeht staff brought up the subject of the landscaping of the Otay Valley Road median~ The department is committed to putting $50,000 into the landscaping of the road median and shoulder, but wondered who would maintain the landscaping once it was installed. There was also some question of where the money would come from. If the money came from Community Development funds, there is a requirement for paying "prevailing wages" to landscaping contractors involved and the possibility of a necessity for competitive bids for the project which could delay the installation beyond the necessary· There was a discussion of using city general funds to finance the project and then the fund would be reimbursed from Community Development funds, but this also raised the question of competitive bidding. City staff wondered if Universal could pay for the installation of the landscaping and then deduct those costs from the fees owed the city over the course of the concert season. City Public Works staff wondered if Universal Concerts and White Water Canyon were in a 'landscape maintenance district already for the vegetation along the outside of the facility. It was thought this was trae. Staffthen wondered if the landscaping district could be extended to cover the median landscaping. Universal Concerts and White Water Canyon would be the beneficiaries of the median landscaping project and adding it to the current landscaping district would make sense in terms of the beneficiary paying the cost. No decision or recommendation was made, but city staff felt this was an issue which needed to be resolved Traffic Plan: Universal Concerts inquired ifa resolution had been reached in the discussion between city traffic engineers and the fire department. Police Department personnel indicated it was their understanding that no final decision had been reached, but it was fairly certain that the southern Events Management & Coordination Plan 141 Task Force Meeting Summarfes Events Planning and Coordination Task Fo'rce May 5, 1998 Attendees: Jon Martin Universal Concerts Jay Sheehan Universal Concerts Sid Morris Assistant City Manager, City of Chula Vista Fred Kassman Redevelopment Coordinator, Community Development S~. Richard Coulson Traffic Division, Chula Vista Police Department Ap.. Charles Pugsley Events Coordinator, Chula Vista Police Department John Lippet Public Works Director, City of Chula Vista Brad Remp Building and Housing, City of Chula Vista Martin Miller Senior Planner, Chuta Vista Planning Department Ofcr. Allen Wilkerson California Highway Patrol Ric Todd Cultural Arts Coordinator, Parks, Rec & Open Space Department Andy Trujillo Chula Vista Transit Ralph Leyva Public Works Traffic, City of Chula Vista Armando Buetna Assistant to the Mayor, City of Chula Vista Jeri Gulbransen Public Information, City of Chula Vista Joe Monaco Environmental Projects Manager, Community Development Deidre Markley Community Development Specialist, Community Development Lt. Mike Becker Watch Commander Chula Vista Police Department Tom Leonard Chula Vista Police Department John Liken Chief of Security, White Water Canyon Brian Stovall Operations Manager, White Water Canyon Walt Fisher Universal Concerts Venue Opening and Schedule: Coors Amphitheatre General Manager Jon Martin said the initial concert will be a Chicago/Hall & Oates concert on July 21, 1998. Tickets for Spice Girls and Santana went on sale April 25, 1998 and have sold well. Approximately 11,000 tickets have been sold for Spice Girls and it is expected about 10,000 seats will be sold for Santana. While it is premature to specify what acts will be playing at Coors A_mphitheatre right now, the city will be provided a more complete list of performers in early June. It is anticipated this list would include acts to perform at the amphitheatre in July, August and most of the September performers. City police inquired if the idea ora "soPd' opening was still in the works. Amphitheatre staff replied that is was, but it would probably be more in the form of an open house rather than a paid performance. The 9riginal plan to have a paid show was first proposed because the originally scheduled opening performer was a high profile act. It was felt there needed to be a less high profile opening to essentially "test drive" the facility With the change in opening acts, . amphitheatre staff is more confident an open house type event will provide the opportunity to Events Management & Coordination Plan 143 Task Force Meeting Summaries City staff inquired if there was anything remaining to be resolved which would delay the issuance of building permits for the facility. It was felt there would be no problem in issuing the ~eater majority Of the building permits, but, if necessary, the permits for the'unresolved items could be issued later as those items are finalized. Other Committees: City staff wondered if there were provisions in the city's approval for the facility which required any other committee to consider the amphitheatre. It was felt the Events Management and Coordination Task Force was only intended to develop the operational plan which seemed completed by this meeting. If there were further stipulations for involvement in the oversight of the facility they should be investigated at this time. Community development staff was not totally sure about what else might be required, but indicated it would review the CUP and terms of the a~eement between the city and Universal Concerts, Inc. to see if there were any further requirements. Once a determination was made about the completeness of the process, City Council would be iv_formed. Community Developmem Plans: Community Development staff indicated there were still a couple of items it had to finalize about it's participation in the amphitheatre opening. Plans to fulfill the city commitment toward beautification of the median on Otay Valley Road had hit some snags. The original intention to plant temporary trees on the median had been determined to be impractical because of concerns over maintenance and watering of the landscaping. Currently the department is looking into doing something different to improve the visual impact of the area. No final plans have been completed, but there was an indication something like flags and banners were being considered because there was no necessity for maintenance or upkeep. Planning department staff indicated it had always operated under the assumption that landscaping would be put in place and would now have to change its plans based on what Community Development finally came up with. City Public Works staff indicated Coors Amphitheatre and White Water Canyon were already members of a landscape maintenance district to handle the property immediately around the region and that district could possibly be increased to handle the landscaping on the Ota. y Valley Road median. City staff indicated White Water Canyon personnel had already indicated the park did not want to increase expenses and would not be in favor of maintaining median landscaping. Community DeveloPment staff also indicated they were still working on removing the wood pile from the turn on Otay Valley Road. There had been "drop dead" date of last Friday (May I) to come up with a plan for the removal of the wood pile, but some progress had been made on new ideas for the removal and staffwas confidem the condition would be corrected before the venue opening. Accelerated Building schedule: City building department staff wondered if it was still anticipated the building schedule for the amphitheatre would be accelerated. It was stated this would be the case. Staffthen asked it be kept informed about the new schedule to facilitate necessary inspections in a timely manner. E~ents Management & Coordination Plan 145 Task Force Meeting Summaries Traffic & Security Subcommittee Meetihg February 6, 1998 The following is a summary of the meeting. Traffic: A discussion ora traffic plan was led by Richard Carlson of the Chula Vista Police Department w/th additional input from the San Diego Police Department's Special Events officer. Th.e primary access to the amphitheatre will be via Otay Valley Road, with the majority of the traffic exiting the 805 freeway from the north at the Olay Valley Road/Main Street exit. Otay Valley Road/Main Street exit: It is the opinion of the officers that the exit ramp lanes will have to be redirected from their existing configuration (single left-turn lane with two right- mm lanes) to a configuration which includes a double lane turning left onto Olay Valley Road and one right-mm lane onto Main Street. This can be accomplished with the use of traffic cones or delineators. Also, the pedestrian crosswalk at this intersection will have to be moved to accommodate this dual left-hand mm lane. Universal Concerts will have to apply for an encroachment permit from CAL Trans to allow the Chula Vista Police Department to control both traffic signals at the 805/olay Valley Road intersection. This will be done by Universal Concerts when the traffic plan is completed and approved by the Event Task Force Committee. Heritage Road/Spyglass Hill Road: In compliance with the EI~ and the BRW Traffic Study, Universal Concert employees, vendors and VIP guests will be encouraged to access the amphitheatre site via Heritage Road from the south. The number of people using this road should relieve some of the olay Valley Road traffic in.ess and e~ess. In the event of a traffic backup from the north at the Interstate 805 exit at olay Valley Road/Main Street. alternate routes to access the amphitheatre would become necessary to alleviate this condition. The California Highway Patrol will redirect traffic via the alternative routes. Alternate route #1: Amphitheatre patrons could take 805 south to the Palm Avenue exit, get off the freeway and take the overcrossing to the east, reenter the freeway going northbound and exit on olay Valley Road. Alternate route//2: Orange Avenue/Brandywine Avenue. It was the opinion of the officers that it would be very difficult to access Otay Valley Road from Brandywine Avenue because of the necessity for cars to make a left mm. This turn would stop the traffic on Otay Valley Road and start or compound congestion. Events Management & Coordination Plan 147 Task Force Meeting Summaries Builders for investigation to see if there is a law or ordinance for such a requ{rement. Universal Concerts is awaiting a response to this inquiry Signage: There was a discussion of what kind of signs CAL Trans would place on Interstate 805 i.e. something sirrfilar to what has been provided for identification of the Chula Vista Olympic Tra/rfing facility. Such signs would be placed on both the north-bound and south-bound lanes of Interstate 805. Events Management & Coordination Plan 149 Task Force Mesfing Summaries Traffic & Security Subcommittee Meetiflg March 6, 1998 Attendees: Jay Sheehan Universal Concerts Charles Pugsley Events Coordinator, Chula Vista Police Department Tom Leonard Chula Vista Police Department Allen Wilkerson California Highway Patrol Joy Byrd CAL Trans Doug Perry Fire Marshall, Chula Vista Andy Trujillo Chula Vista Transit Martin Miller Associate Planner, Chula Vista Planning Department Joe Monaco Environmental Projects Manager, Community Development M. J. Diosdado Crime Prevention, Chula Vista Police Department Majed A. Al-Ghafry Public Works Traffic, Chula Vista Roberto D. Juan Public Works Traffic, Chula Vista Anthony Carchedi San Diego Valet & Parking Glenn Davidson White Water Canyon Jokn Liken White Water Canyon Walt Fisher Universal Concerts Traffic Circulation Plan: Universal Concerts personnel presented a draft of the Traffic Circulation Plan and a list of city proposed changes to the wording of the plan for comment and ratification. The Public Works Traffic Department brought some additional comments to the meeting to be discussed. Most of these comments paralleled the ones previously submitted by the city The committee accepted most aspects of the plan. Changes were made to the wording of some sections. The city expressed some reservations about the proposed use of the southern most lane of the westbound traffic lanes on Otay Valley Road for eastbound traffic. The police department expressed safety concerns for that aspect of the plan. Police department personnel cited the possibility of a head-on collision if there was a pursuit of a suspect westbound on Otay Valley Road, the possibility patrons would attempt to drive over the raised median in the road and cause accidents or damage to their vehicles and the difficulty in clearing possible accidents from Otay Valley Road. Incorporating the changes proposed by the city, Universal Concerts expressed the opinion the traffic plan was ready to be signed off`by the committee to a level which would allow the CAL Trans Encroachment Permit process to proceed. There was a discussion between the Public Works. traffic engineers and the ChulaVista Fire Department as to the advisability of closing offthe portion of Otay Valley Road and Heritage Road south of the facility to concert traffic. Events Management & Coordination Plan 151 Task Force Meeting Summaries Additional Information: Universal Concerts presented to the committee rohgh initial drafts for an emergency evacuation plan and for a mass casualty incident plan. Both these drafts were provided for committee members to comment on. The mass casualty incident plan was defined as a work in pro~ess between Universal Concerts and the Chula Vista Fire Department. Events Management & Coordination Plan 153 Task Force Meeting Summaries Traffic & Security Subcommittee Meetirig April 7, 1998 Attendees: Jon Martin Universal Concerts Jay Sheehan Universal Concerts Fred Kassman Community Development Joe Monaco Environmental Projects Manager, Community Development Bill Darnell Damell & Associates Hugh Kollar Staff Pro Dean Grose EMS Ron Lamar EMS Alex Jarvie EMS Joy Byrd CALTrans Ralph Leyva Traffic Division, Public Works Department Richard Coulson Traffic Division, Chula Vista Police Department, Charles Pugsley Events Coordinator, Chula Vista Police Department Anthony Carchedi San Diego Valet & Parking Services Todd Nance San Diego Valet & Park/ng Services Glenn Davidson XVhite Water Canyon John Liken White Water Canyon Brian Stovall White Water Canyon Walt Fisher Universal Concerts Traffic Plan: Bill Darnell ofDarnell & Associates discussed the traffic plan details he was proposing for the amphitheatre site. Police officials expressed concern that delineators be used to mark traffic lanes instead of just cones. The opinion was advanced that people tend to ignore cones and if they do it presents a safety concern for incoming concert patrons. DameI1 said that a delineator would mark the boundary between eastbound (incoming) concert traffic and west bound traffic and would be moved to mark the outgoing lanes at the end of a concert. Police department personnel also wanted to know the plans for access to the amphitheatre by emergency vehicles while traffic was incoming to an event. In such an event it was stated that traffic and parking control personnel would be notified by radio of the need to open access to emergency vehicles All traffic westbound on Otay Valley Road would be stopped at the amphitheatre, thus clearing a lane for emergency vehicles to use those lanes for quick access to · the facility. Discussions were held about the details of how traffm would be handled from the freeway to the venue It was stated that Chula Vista Police would be given authority under the CALTrans encroachment permit to control the signal lights on both sides of the 1-805 intersection with Otay Valley Road. The lights would be set at flashing red to show drivers they should stop and then would be directed by officers stationed at the intersection. All traffic lights would be set at Events Management & Coordination Plan 155 Task Force Meeting Summaries Event Task Force Policy & Procedure Sub-Committee Meeting February 17, 1998 Attendees: Jon Martin Universal Concerts John Van Zeebroeck Universal Concerts Chris Bitterlin Bitterlin Development Chris SalOmone Director, Community Development, Chula Vista Sid Morris Assistant City Manager, Chula Vista Doug Perry Fire Marshall, Chula Vista Fire Department Martin Miller Associate Planner, Chula Vista Planning Department Michael Meacham Conservation Coordinator, Chula Vista Get5 Gulbransen Public Affairs Director, Chula Vista Fred Kassman Redevelopment Coordinator, Community Development Joe Monaco Environmental Projects Manager, Community Development Deidre Markley Community Development Specialist Walt Fisher Universal Concerts Policy and Procedure Sub Committee: A discussion was held about what thc role of the sub committee should be. It was suggested that this group would be a type of umbrella group for the other sub committees. It would review the topics which have been discussed in the other sub ~ommittees and incorporate those recommendations into the final report of the task force. This committee would also deal with other issues which might arise outside the scope of the work being done by the other sub committees. Each of the attending members was asked to present what they thought were the issues in their area of expertise which needed to be covered by the full task force. A list was developed from these comments by Universal concerts staffand 12 areas of discussion for the final report were isolated. It was suggested these issues be placed in binders and dislxibuted to members of the committee. As each area was discussed, plans would be developed o. nd placed in the appropriate section of the binder. When the plans were finalized the binders would them become working copies of the events management plan. It was suggested these areas of interest should be examined and prioritized, especially if any of the areas required permits which needed to be obtained. In this same vein, it was suggested thc committee attempt to finalize the total plan well in advance of the opening date for the facility. A date of May 1 was suggested as the completion date for the final events plan_ It was determined that the full committee at the next meeting on February 24 would start from this date and, working backward, establish a schedule which would allow the committee to complete its work by this target date. Coustrnction Project Schedule: Chris Bit~erlin answered a question about rain related delays by saying the project was currently on schedule, but if there was much more rain the construction Events Management & Coordination Plan 157 Task Force Meeting Summaries Fire Department: Fire department personnel said that most of their concerns had been met at the previous meeting of the Traffic & Safety Sub Committee meeting, but indicat6d there was some interest in developing a set of protocols for the deployment of department equipment, the training of contract personnel on-site to insure they were aware of city fire department rules and regulations and that there was a policy for the involvement of city personnel if the on-site medical personnel did not have adequate facilities to transl~)rt a large number of patients ifthe situation art)sc. It was stated it was thc intention of thc fire dcparUnent to have every department mcmhcr tour iht facilities in tire last li:w weeks prior to the amphithcatre opeuing.. This was to get city personnel acquainted with the layout of the facility and where safety equipment was located and to limit the necessity to involve Universal Concerts personnel iu tire event of an incident in the middle of the night. Events Management & Coordination Plan 159 Task Forc= Mesting Summaries Policy & Procedure Subcommittee March 17, 1998 Attendees: Jon Martin Universal Concerts Jay Sheehan Universal Concerts Chris Salomone Director, Community Development, Chula Vista Fred Kassman Redevelopment Coordinator, Community Development Cliff Swanson Public Works, Engineering, Chula Vista Martin Miller Associate Planner, Chula Vista Planning Department Michael Meacham Conservation Coordinator, Chula Vista Joe Monaco Environmental Projects Manager, Community Development Anthony Carchedi San Diego Valet & Parking Walt Fisher Universal Concerts Traffic Control Plan: Universal Concerts has retained the services ora traffic engineer, Bill Dm-nell, to develop the blueprints of required by the city for the traffic control plan. Community Development staff indicated this plan will address the city concerns. Mister Darnell will also provide a striping plan for CAL Trans for the off ramp intersection of 1-805 and Otay Valley Road. He will also work with Universal Concerts in obtaining the encroachment permit from CAL Trans. It is estimated he will have the plan available in about a week. Universal Concerts sought clarification if the $1,000 fee for Public Works Traffic Department to check the blueprints of the traffic comrol plan was part of the previously a~eed upon fee Universal Concerts will pay for the operation of the task force. There was also an inquiry about what the current status was of the disposition of that $10,000 fee and if someone was keeping an accounting record. Martin Miller from the Planning Department said he had established an account to keep track of expenses for that department Staff asked of it was necessary to contact San Diego Police Department about controlling the · intersection of 1-805 and Palm Avenue Anthony Carchedi indicated licensed parking control personnel will be able to perform that service CAL Tram: Universal Concerts reported the freeway signs identifying the amphitheatre have been ordered by CAL Trans. CAL Trans also approved the restriping of the intersection at 1-805 and Otay Valley Road and recommended the elimination of the crosswalk on the western side if the intersection. CAL Trans also thought it was a city issue to deal with the crosswalk. Community Development staffindicated it would contact Ralph Leyva of the traffic engineering department and discuss the elimination of the crosswalk. Staffthought there would be no problem in deleting it because there was another one on the other side of the intersection. Events Management & Coordination Plan 161 Task Force Mesting Summaries It was indicated Chula Vista Fire Department will be the controlling agency .ih and situation where they were called out to the amphitheatre Once department personnel arrived on the scene they would take total control of the situation. Police Facilities at Amphitheatre: An inquiry was made about the previous discussion of holding cells at the amphitheatre. Universal Concerts personnel indicated this idea was a suggestion by the State of California and not a requirement. Chula Vista Police Department had indicated its' only concern was in separating people who are in custody from other classifications of patrons, such as a lost child, someone waiting for a parent pickup or someone using the facility lost and found area. There was no indication the police department wanted an extensive plan of holding cells. Construction Schedule: Universal Concerts indicated it is waiting on approval of an accelerated construction schedule from the contractor to address the delays caused by some 30 days of rain. It was indicated the accelerated schedule would have a seven figure cost and there should be a decision made before the general task force meeting on March 24. Community Development staff inquired if there was a date for the final approval of the facility design by the city's Design Review Committee. Approval of that body is necessary before building permits would be granted by the city. Universal indicated the committee approval was in the hands of the project developer, Bitterlin Development Inc., and that the sooner the facility could open the better for all concerned. City staffwondered if there would be modifications to the venue '~footprint" which would require new approvals by the city. Universal indicated the footprint would remain the same and changes were only being made in the interior configuration of some .concession stands depending upon the type of food being marketed there (pizza ovens vs. hot dog grills, for example). ADA Conformity,: Universal Concerts reported it was considering getting the handicapped community involved in the task force work to provide input on the design of the facility City staff indicated the building department would review ADA conformity as a part of the occupancy permit process Universal said it wanted to "get ahead of the curve" by reaching out to the handicapped community and involving them. Otay Valley Road Cleanup: Universal Concerts sought some guidance about the cleanup of Otay Valley Road. Universal is required to do cleanup of trash caused by concert events, but w~inted some city input about the structure of that process to avoid becoming essentially the only group responsible for all trash on the road. City staff indicated Pacific Waste Services had some responsibility for cleanup of the road because of the landfill operation it directs. There was also some opinion offered that further development in the area would help to limit trash dumping along the road which had been a problem in the past. Events Management & Coordination Plan 163 Task Force Meeting Summaries Policy & Procedure Subcommittee Meeting April 14, 1998 Attendees: Jay Sheehan Universal Concerts Fred Kassman Redevelopment Coordinator, Community Development - Geri Gulbransen Public Affairs Director, City of Chula Vista Martin Miller Senior Planner, Chula Vista Planning Department Brad Remp Building & Housing Department, City of Chula Vista Charles Pugsle~ Events Coordinator, Chula Vista Police Department Ric Todd Cultural Aris Coordinator, Parks, Rec&. Open Space Department Deidre Markley Community Development Specialist, Community Development Lt. Mike Becker Chula Vista Police Department Brian Stovall White Water Canyon Walt Fisher Universal Concerts Venue Opening: Coors Amphitheatre personnel reported the first show at the venue would be Chicago/Hall & Oates on July 21. It was also reported that tickets for The Spice Girls and Santanna concerts would go on sale on Saturday, April 25. A question was asked if a prior, "sof~" opening was planned for the facility prior to the first scheduled concert. Amphitheatre personnel said this was the intention unless circumstances prevent it. It is intended the facility will be open to the public so they can come and see the venue and what it has to offer and this will be done before a scheduled event on the concert tour plays the building. Venue Booking Form: City staff had some questions about the venue booking form and cover letter There was concern the general public would not know the number of days the city has access to the amphitheatre was limited unless it was mentioned in the cover letter. Also, city staff wanted to include some wording which indicates not all people apply will be granted use of the facility. A determination would be made by the city, after establishing its own criferia, about which groups or performances would enhance the cultural atmosphere of the city or be an approphate use of one of the city days at the venue.. Amphitheatre staff indicated it would make changes to !he form as requested by the city since it was essentially a city form for its convenience in coordinating event scheduling with Coors Amphitheatre. City staff indicated it would have to hold some internal discussions about what type of events it would hold as a part of their event days at the amphitheatre. Planning Department staff indicated there might be some special permitting requirements for some types of events and several different city departments would have to be involved. Events Management & Coordination Plan 165 Task Force Meeting Summaries Otay Valley Road Name Change: City staff indicated more discussions had been held about renaming Otay Valley Road. It assured amphitheatre staff no name change would take place until after the concert season for 1998 finished in November. There was also some discussion about the future path of Otay Valley Road. Eventual plans call for the road to extend eastward fi.om the point of the current bend in the road. The name Otay Valley Road (or any future name after it is changed) would be assigned to this eastward extension of the existing road. The portion of Otay Valley Road which currently qrosses the valley in a southerly direction would possibly be renamed to Pasco Ranchero when the extension of that street is completed from its current terminus on H Street to connect with Datsun Way on the Otay Mesa. There was some discussion about at what point exactly Pasco Ranchero would join the existing road and what this would do to traffic circulation of concert patrons. City staffcould not say just where the connection would be made. City staff also indicated it could not say when the '~temporary" bridge which currently services the southern portion of Otay Valley Road would be replaced by the permanent bridge for the Paseo Ranchero extension or if it would remain after the permanent stracture was built. Venue Landscaping: City staff indicated the final landscape drawings for the venue had not been submitted to the city yet. These plans would have to go before the city's Design Review Commission for approval and the agenda and staff report for the April 20 meeting have already been drawn up. Amphitheatre staff indicated this would be look into and plans would be presented for review at the earliest possible date. Lighting: City Building & Housing Department staff indicated a concern with lighting plans for the venue during an emergency The concern was that if patrons had to be directed from one part of the venue to another, there would be adequate lighting in the area patrons would gather. Amphitheatre staff indicated building requirements for lighting were in place for the aisles and seating area as well as the concession plazas. The staff indicated it would address any further concerns and wondered if city staff was looldng for a specific plan for emergencies. While there was no indication of a specific plan, the concern was only that crowds would not be directed to gather in an unlighted area. Use of Artworks at Venue: City staff inquired if Coors Amphitheatre had any plans to use artworks at the venue..Amphitheatre staff indicated some preliminary discussions had been held about possibly using artworks from students at Southwestern College to decorate the backstage dressing rooms and hallways. It was suggested that Chula Vista High School also be contacted in this regard as it is designated as a Creative & Performing Arts magnet school. Job Fair: It was indicated that amphitheatre vendors would be holding a job fair in the area in the near future to gather a work pool of local residents to work at the facility. Events Management & Coordination Plan 167 Task Force Meeting Summaries Darnell & ASSOCIATES, INC. TRANSPORTATION PLANNING & TRAFFIC ENGINEERING lVlarch 16, 1998 Mr. Jon Martin Universal Concerts 2050 Otay Valley Road Chula Vista, CA 91911' D&A Ref. No: 2773 Subject: Proposal to Prepare Traffic Circulation Plan for Universal Amphitheatre in Chula Vista Dear Mr. Martin! Darnell & Associates, Inc. (D&A) is pleased to submit this proposal to prepare the subject plans. I have discussed the project requirements with Mr. Ralph Leyva, Traffic Engineer for the City of Chula Vista. Mr. Leyva advised me that he would hq~e to see the plans on one sheet covering the entrance to Amphitheatre, and the 1-805/Otay Valley Road interchange.. After discussion we both agreed two separate sheets (Standard City 2'x4') for the incoming traffic and two sheets for outbound traffic would be required. This would be best because of the necessity to obtain a Caltrans Encroachment Permit. Sheets t & 2 would cover incoming and outbound traffic at the Amphitheatre entrance(s) on Otay Valley Road west tO the divided section of Otay Valley Road. These sheets will also cover traffic control at the Spyglass Road access, which we understand to be left open for access to/from the transit center, City maintenance yard etc. Sheets 3 & 4 will cover coning and signing requirements both incoming and outbound traffic at the l- 805/Otay Valley Road interchange. Separate details for advance signing of the freeway. Alternate siguing for usc of Otay Mesa Road and diversion of traffic w, Orange Avcnue and Brandywinc will be developgd. SCOPE OF SERVICES Our Scope of Services to prepare the needed plans is smmnarized below: I. Meet with client to discuss proposed traffic circulation plau. At this meetiug we will offer input ou the draft traffic circulation plan. 2. Meet with Caltrans and City representatives to discuss plan requiremems. 3. Prepare traffic circulation plans on City of Chula Vista standard sheets. Two sheets will be prepared. The plans will be prepared for inconfing traffic and outbound traffic. 1202 KETTNER BLVD · SUITE 6200 · SAN DIEGO, CA 92101 * PHONE: 619-233-9373 3 HUGHES AVENUE · SUrTE 406 · /RVINE, CA 92718 * PHONE: 714-768-2590 FAX: 619-233-4034 Events Management & Coordination Plan 169 Appendix A 6/16/98 COUNCIL AGENDA ITEM #18 June 12, 1998 TO: The Honorable Mayor and City Council VIA: David D. Rowlands, Jr., City Manager \-~-~12"~2A~_,J,A'.~[; FROM: Chris Salomone, Community Development Director SLIBJECT: Additional Information Concerning Coors Responsible Drinking Programs The City Council has received an agenda report for the meeting of June 16, 1998, on the status of the Coors Amphitheatre Events Management and Coordination Plan and programs to be undertaken by Coors to promote responsible behavior, particularly in the sale and consumption of alcoholic beverages. The enclosed materials are additional information concerning the intentions of the food and beverage vendor for the amphitheatra, Ogden Entertainment, and Coors to undertake programs for responsible behavior. Coors materials include information about company involvement in national organizations and service corps, advertising copy and promotional brochures concerning the safe and responsible consumption of alcohol. In addition, Coors has provided the City with several videos containin9 examples of their advertising campaigns promoting safe and legal consumption which will be available for viewing at the Council meeting. [(FK) H:IHOMEICOMMDEVIINFOMEMOICOORS(Ju~e 12, 1998 (2:37pmt] EflTERTI]IfllflEflT Jesse Collier COORS AMPHITHEA TRE General Manager 2050 Otay Valley Road Chula Vista, CA 91911 619 671-0995 June 9, 1998 Jim Sabins California A.B.C. 1350 Front Street. #5056 San Diego, California 92101 Dear Jh'n: Per our conversation on June 5, 1998, please f'md excerpts from our "Employee Handbook" pertaining io alcohol sales, as well as an outline of our controls that will be implemented when we get up and running. TRAINING · We wil[. be requiring all cashiers, b,a~,ende,r,~, stand managers, supervisors, and waitstaff persom~el to attend a State approved Lead training class that will be conducted by the Calffo~ hia A.B.C. · Any n~v employee hired after this initial training class will be required to attend the State approved "Lead" training class at the local A.B.C. office. CONTROLS · "No ID, No Alcohol", all employees taking alcohol orders will be required to obtain a valid picture ID. If the person does not possess an ID, no alcohol will be served to them regardless of how old they might look. · For the majority of events a two (2) beer/drink limit per transaction will be implemented. For events that have a predominantly younger crowd, a one (1) beer/drink limit per transaction will be implemented. · An agreement will be worked out with "Staff Pro" (Security) on alcohol control agents that will work the property during events on behalf of Ogden Entertainment.' This agreement will include the agents to patrol the parking lot for 60 minutes prior to doors opening. (This agreement has not been f'malized.) · Supervisors will be trained and responsible to identify problem employees that are not following the alcohol policy/procedures. Disciplinary action will be swift and automatic for any violations in regard to the alcohol policy. · Ogden will post signage in all stands that will show the cut off times that alcohol will be sold. If you have any questions regarding this outline and or the location map, please feel free to contact me. Thank you for your time in this matter. Sincerely, J~fs~ L. Collier The National Association of Service & Conservation Corps c oors Brewing Company is proud to be the 1930s, to serv~ctng urban parks, renovar- a partner with the National ing housing and assisting human service aden- Association of Service and cies. Most corps members recetve at least Conservation Corps (NASCC), long minimum wage for their work. "Thl,ol/lgh service recognized for its leadership with youth corps Equally as important as the '&'ork service, programs nationwide. This partnership is corps also emphasize educatmn skills and parr of Coors' long-term commitment to pieparing to search for future employment. A COFD$, teens and reduce alcohol abuse throhgh malor emphasis of corps membership is community-based programs that foster placed on becoming better educated about healthy lifestyles, life skills, such as budgeting, parenting, per- .NASCC is the membership organization sonal health and well-being, young adults develop for youth corps prodS'ams. Since its founding In support of NASCC's primary mission. in 1985. NASCC has served as an advocate. Coors supports a new NASCC ,mriative ro lifestyleand work central reference point, and source of assis- help corps members develop and maintain tance for the growing number of state and healthy lifestyles, free from substance abuse. local youth corps around the country. Its pti- Collabor&tion with NASCC is skills that will help mary mission is twofold: to strengthen the quality of ex[sting youth corps programs and ? ; ' -- fi a logical out- to promote the development of new ones. ~%~ ~~ growth of - In its leadership role, NASCC ..... : Coors' belief them to Succeed." ' · provides written and on-site technical that c~wc par- - Peter Coors. assistance to youth 5:orps nc~panon by Chie! F~xecutive Officer, · acts as a clearinghouse for youth corps young people encourages positive deciston policies, programs and practices making and diminishes the opportumty for Coors Brewing Company · sponsors an annuali:onference for youth er/gaging in destrucnve behaviors such as corps staff and corps members alcohol abuse. · undertakes a wide range of policy develop- "Through service corps, teens and young dent and public affairs activines adults develol: lifestyle and work skills that · orgamzes professional development work- .wi help them to succeed:" said Peter Coors. shops for corps directors and staff. Chief Effecutive Officer. Coors Brewing Conservanon and servtce corps engage Company. young people between the ages of 16 and 25 For information about NASCC. contact in paid, productive, frill-time work that bene- Leslie Wilkoff at the National Association of fits both them and their communmes. Service and Conservatmn Corps, 666 Participants most often work in Eleventh St. N.W.. Suite 500. Washington, adult-supervised crews of eight to 12. Crews D.C. 20001. (2021 737-6272. undertake a wide range of work prolects'-- For more information about Coors' from 'working in forestry and parks projects Alcohol programs and policies, call the similar to the Civilian Conservation Corps 6f Alcohol Issues Hot Line at 18001 328-6785. The Gerontological Society of'.America .,O~ oors Brewing Company is proud to be a · help establish and are active.in the Associa- partner with' The Gerontological non for Gerontology in Highei' Educ&.tion Society of America GSA}. a national and the International Associanon of organization whose m~ssion is to pro- Gerontology mote and dissemxnate research about aging. · condt/ct the Fellowship Program in This partnership is part of Coors' long-term Applied Gerontology, which has allowed commitment to redute alcohol abuse through more than 300 postdoctoral researchers to "We never outgrow community-based programs that foster test their skills ir_ community sernngs healthy lifestyles. · spearhead improved research among the The non-profit GSA was established m minority-aged population, the need to make 1945 to promote the scientific study of aging, One of GSA's most comprehensive efforts .to encourage exchanges among researchers is the GSA Information Service. a data base of and practitioners from the various disciplines sources of gerontological research informa- responsible lifestyle related to gerontology, and to foster the use of non. Anyone seeking experts or data sources gerontological research in forming public poll- about specific aging ~ssues can call the service. cy. GSA. with its more than 7.000 members, whose staffers will identify the information decisions." is the largest nanonal source ar no charge. The data base includes a research orgamzation on ~5o~-°~,o4 roster of members with identified expertise m ~~5 ~ o, data about those who have published aging. [ts members ?~-~-~ aging; -Peter Coors c~~o_ GSA's scientific iournals: information about include leading geronto- in ~ ~ Chief Executive O~icer, logica~ researchers, edu- other aging-related data bases: and an annual carors and pracuuoners calendar of major aging conferences. Coors Brewing Compan~ in the biological, medical. ~ ~ ~ Coors' assistance to GSA includes financial social and behavioral fields support to provide seminars and other educzi- As leaders in the field of aging, GSA mem- non forums that examine alcohol use among bers. staff and board of directors the aged and to develop programs that pre-_ · publish scienfific ~ournals of research, vent alcohol abuse among older Americans. policy analysis and practice concepts This support embodies Coors' 15hilosophy that · sponsor the world's largest annual meet- healthy choices and behavio~;s can last a lifetime. ing on gerontological research "We never outgrow the need to make · develop gerontological research agendas, responsible lifestyle decisions." saki Peter curricula and training programs Coors. Chief Executive Officer, Coors · conduct seminars for iournalists, business Brewing Company, leaders and advocates For information about GSA. contact Carol · support the National Institute on Aging, Schutz at The Gerontological Society of the Aging Center at the National Instithte America. 1275 K St.. Suite 350. Washington, of Mental Health. and the Administration D.C. 200054-006. 1202t 842-1275. on Aging For more information about Coors' · lead the efforf to maintain and improve Alcohol programs and policieS, call the federal programs that collect data about Alcohol Issues Hot Line at 8001 328-6785. older persons Youth Service America · ~a~ oors Brewing Company ts proud to be progress of youth service policy with legisla- ~ a partner with Yoiath Service America tots, and promote collaborative service ~ (YSA), an independent, not-for-profit efforts. YSA is an aggressive advocate for ~ organization that promotes and sup- the thousands of youth ~ervice programs in ports youth service programs throughout the place narmnwide and assists In the further United States. This partnership is part of ' development of such programs. Coors' long-,erm commitment to reduce Coors' assistance to YSA includes finan- ".Young people alcohol abuse through community-based cial support to help expand and strengthen programs that foster healthy lifestyles, the recognition and awarenvss of youth ser- Established in 1986. YSA's mission Is to vice, as well as expertise to develop future involved in service build an ethic of service in America by pro- training programs and materials. This sup- viding every young person with the opportu- port illustrates Coors' philosophy that the nity to give back to his/her country through ability to make healthy lifestyle decisions -- learn' to care about service. These programs provide young to avoid destructive behavior, including people with 'opportunities to begin a lifelong alcohol abuse must begin with education commitment to community improvementearly in ife. others and to take and civic participatl6n. One of YSA's primary goals is to culti- E~ery year, through the leadership of vate a diverse new generation of leaders to YSA. thousands of vouths in colleges and carry the torch and lead the youth service care of themselves." s c h o o 1 s field into the 21st century· As part·of its across the strategy, YSA launched the New Generation countryYOUTH Trainiug Program ~n 1991. Since then. - Peter Coors, tovide a SERVICE young leaders have been given the opportu- Chief Executive Officer. b r o a d nlty to expand their vision and enhance their range of AMERICA leadership skills. Inhereiat to this projecr is Coors Brewing Company the challenge to involve populations of public and human ser- young people who all too often have been vices. Whether it be for academic credit or excluded because of economic, racial and . simply to volunteer their time, these young ethnic backgrounds. people participate m YSA's wide netvdork of "Young people involved in service learn programs. Young people in these programs to care about others and to take care of tutor academically at-risk children, help the themselves." said Peter Coors. Chief elderly, assist the sick and disabled, and Executive Officer, Coors Brewing Company. clean-up parks and streams. Many of these For information about YSA, please write programs are funded with creative mixes of to Youth Service America, 1101 Fifteenth St. public and private funds. NW, Suite 200, Washington, D.C. 20005. In its expansive le~:dership role, YSA For more information about Coors' alco- works to provide direction to the national hol programs and policies, call the Alcohol yguth service movement~ advance the Issues Hot Line at (800) 328-6785. An Apple A Day 1 oors Brewing Company is proud to be An Apple A Day® involves the following a partner with An Apple A ,D, ay®. This strategies in educating children: parmership is part of Coors long-term · The use of literacy skills as a means of ~ commitment to reduce alrohol abuse providing posture role models for children. through commumtv-based programs that · The use of literacy skills as a means of ! foster healthy lifestyles, building self-esteem m children. An Apple A Day® is a prevention educa- · The use of literacy skills as a means of pro- tion curriculum designed specifically for stu- riding stones as examples of healthy lifestyles. "It ~$ rlever too early dents from pre-school _hrough 4th grade. · The deYelopment of a "safe place" fro: the Its mare goal is to build skills in young chil- child to turn to as a place of refuge dren to help them avoid substance abuse · The development of a "safe person" for tOdevelopthe skills and other unhealthy, risky behavmrs now the child to turn to for unconditional love. and as they grow up. · The development of critical thinking skills Children from the ages of five through for use in making good choices and deci-' necessary to make yen are the most recepnve to learning sions in life. L~ow to avoid ~ ,~v, ~Coors' financial assistance to An Apple A risky behav- ~,) h2~ Day® is helping to expand the program good, healthy, safe, iors, according ~~~ ~t .,/ nationally. Coors also arranged for An to educznon Apple A Day® to be presented to the U.S. researchers Surgeon Ge6er.al who endorsed the pro- andresponsible who label gram. This support illustrates Coors"phi- this skill as losophy that education and prevention are "resiliency. the best wa~'s to reduce alcohol abuse, decisions." By reaching "Itts never too early to develop the skills children at AN APPLE A DAY~ necessary to make good. healthy, safe~ and this age, the responsible decisio2s." said Peter Coors. Chief - Peter Coors. strong resiliency skills n~cessary to resist Executive Officer of Coors Brewing Company. Chier Executive Officer, risky behavior are developed. This is the best For informanon about An Apple A Day®, possible nme to reach a child's heart and please contact Catherine A. Doherty at the Coors Brewing Company mind to build a strong framework for a Albany Citizens Council on Alcoholism and healthy adolescence and a happy, healthy life. Other Chemical Dependencies. Inc.. P.O. An Apple A Day® uses reading skills as a Box 14075. Albany, NY 12212-4075. means of building resilient children. The ~518 465-5829 or Sarah R. Hall at the encouragement to read ts critical to the Albany Cmzens Council on Alcoholism implementation and success of the program, and Other Chemical Dependencies. Inc.. Giving books to students is an ~mportant 1518t 465-5470. self-esteem building technique and the dis- For more information about Coors' alco- '~;bution of books to students reinforces the hol programs and policies, call the Alcohol ssages of An Apple A Day®. Issues Hot Line at (80013284~785. The Heakh of University Students oors Bre~ving Company is proud to be hol. A monthly newsletter, called The BACCHUS C a partner with BACCHUS Boost Beat. is sent to more than 2.0OO smdents, admin- Alcohol Consciousness Concerning the tstrators, government officials and corporanons. Health of University Students . This The most far-reaching BACCHUS activity partnership is part of Coors' long-term corn- ts National Collegtate Alc6hol Awareness "Te'acbing college mtrment to reduce alcohol abuse through Week NCAAW. sponsored in.comunction commumry-based programs that foster ~vith tlte Inter-Assoctamm Task Fnrce on healthvlifest~qes. Alcohol and Other Substance Abuse Issues. students to make BACCHUS ss a national orgamzauon that NCAAW is promoted through local BACCHUS addresses alcohol abuse and o~:her problem chaprers on more than 3.000 campuses each behaviors with umverstry srudents. Each year, - October= Each year. Cnors awards scholar- safe3 responsible and more than 24.000 university students in ships to 10 exemplary, yearlong cFmpus alco- ~pproximately 750 affiliated chapters work hol education programs. with their peers to develop resv)nsible habits and BACCHUS als6 promotes safe and respon-legal decisions attitudes sible spring break activities ac ross North toward America. For example, last year more than alcohol. 750.000 students signed pledge cards,regardingalcoholis Through promising to make safe and hea thy choices educauon and acttvitms. BACCHUS pro- during their breaks. Materials promote the motes healthy lifestyles by advocating campatgn, and college students receive incen- the most effective infbrmed, independent decision making and nves for partiopar, ion. respect for srate laws and campus policies. With Coors' financial support. BACCHUS Each year. BACCHUS holds leadership train- has spread its message encouragtng response- lng for more than 2.500 college students ble decisiona about alcohol to thousands of way tofight alcohol through the national general assembly and students throughout the United States and through 13 regional leadership workshops, Canada: Founded tn 1975 at the University of "Teaching college students to make safe. abuse on college Florida, BACCHUS was the first student responsible and legal decisions regarding alco- organization to utilize peer-training and edu- hol is the most effective way to fight alcohol ' " i campuses." cation to fight alcohol abuse on college cam- abuse on college campuses, sa d Peter Coors. puses. Although the BACCHUS national Chief Executive O}ficer. Coors Brewtng headqua;ters provides the student-run chap- Company. -Peter Coors ters with guidelines and resources_ each local For information about BACCHUS. con- chapter !s responsible for planning acnviries ro tact Drew Hun,~er at Boost Alcohol Chie'Execut'veOfficer, stat campus and communi~ needs. Consciousness Concerning the Health of Coors Brewing Company Among the materials distributed through University Students. P.O. Box 100430. BACCHUS are videos, pamphlets, posters and Denver, CO 80250-0430, (303) 871-3068. 'manuals that support educational efforts about For more informatiofi about Coors alcohol topics ranging from risk management, to addic- programs and policies, call the Alcohol Issues tion. to sex under the influence of drags or alco- Hot Line at tSOO1328~o785. Alcohol, Drugs, Driving and You C oors Brewing Company i~ proud of ADDY has been recognized by the National its partnership with the National Highway Traffic Safety Administ[anon: Commission Against Drunk Driving In 1994. ADDY gained cwo effective in support of Alcohol. Drugs, Driving spokespersons through the nationally syndi- and You ~ADDY/. a comprehensive program cared television program, "The Crusaders." to decrease alcohol-and-drug-impaired dri- The show featured the accounts of Evelena ving by teenagers. This partnership is part of Thompson and Do}ma Garrison. two North Coors' long-term commitment ro reduce Carolina mothers ~vhose children were vic- alcohol abtise through community-based ~ rims of drunk driving. programs that foster posinve decisions [~q_.?..o~.ol/ ADDY asked them ro and healthy lifestyles. /~ share their message of nor The National Corn mission Against drinking and driving with Drunk Driving is the successor organiza- students nationwide. "ADDYteaches rion to the Presidential Commission on These two women are fea- Drunk Driving that developed the first' tured in the mo.sr recent ADDY video. national report on the issue in 1982. The "Driving Drtink: Your Choice?" teens the importance Commission's work continues to focus on The video and accompanying teaching the goal of making impaired driving guide are designed ro heip teens make safe socially unacceptable. Activities include and legal decisions about drinking and dri- of making safe and chairing the National Drunk and Drugged wng. The video has been endorsed by the Driving Prevenrio~ Month Coalition. serv- National Association of Governors' ~ng as Secretariat ro the Network of Highway Safety Representatives and the legatdecisions .Employers for Traffic Safety, working to National School Boards Assocmnon. achieve consensus and cooperative acnon Coors b. as supported ADDY since irs arhong the corporate sector, state and fed- creation in 1983 by the Prevention Center regarding drinking."' eral governments and advocacy groups in Boulder. Colorado. Since that rime. across the country, and developing ~nnova- Coors has continued to support ADDY by - Peter Coors tire solutions for the most intractable establishing a revolving fund dedicated to drunk driving populations. The support and enhance the ADDY program. Chie~Executive Officer. Commission works by forming strategic "ADDY teaches, teens .the importance of Coors Brewing Company con- making safe and legal decisions regardh~g cernedallianCeSaboutWithtrafficdiverSesafety.°rganizati°nsdrin~t~g,' said Peter Coors. Chief Executive Through ADDY. the Commission pro- Officer of Coors Brewing Company. rides low cost prevention materials and For information about ADDY, contact instruction about alcohol, drugs and Kristan Williams, director of Alcohol, impaired driving to businesses, schools, l~rugs, Driving and You, {800) 972--4636, churches anc[ community groups nation- or contact the National Commissmn wide. The program includes a powerful Against Drunk Driving, 1900 L Street NW. three-session workbook, a student assem- Suite 705. Washington, D.C. 20036. tele- bly guide, a parent-teen discussion guide phone/202) 4524004. and a video. ADDY has been cited as a For more information about Coors' model program by the National Safety alcohol programs and policies, call the Council and Coors' role in supporting Alcohol Issues Hot Line at {800} 328-6785. B · b rewlng eer has been a topic of conversation around my familyk house since I can remember. SO BELIEVE ME, I kno~v you might think about ~rinking before you're 21. But do us AND YOURSELF A favor, please don't. We'll wait for your business. Pete Coors, Coors Bre~ving Company ~~ For more information on Coors Alcohol Programs and Policies, call 1-800-:528-6785. © 1994 Coors Brewing Company, Golden Colorado 80401 It's The Right Beer Now! But Not Now! And Absolutely, Positively, Not Now! You ought to call him 37our best friend. He'd sure be a friend of mine. Pete Coors, Cx)ors Brex~ing Compan3, ® 1996 co°rs B~.wi.g For more information on Coors Alcohol Programs and Policies, call Coors at 1-800-328-6785. it's The Right Beer Now! But Not Now! And Absolutely, Positively, Not Now! CHILDI N OBSERVE Hol s,Too. The holid~3,s are filled ~'ith memories yoztr childre~t will t~a~77 with them for a l~time. ~nd, ~,he3er or not yo~'re a~,m~ (it, thq ' re watchi~g eve~3ing that goes on. So, pkase make respo~sibk decisions abot~t drinki~g, not j~st duri~g the holidays, but th~vugho~t 3e yea~ Because ='hen your 3ildre~ see you aaing respo~ts3~y, 3q're mo~z likely to become adults who make sa~ and legal decision,s about 3-mki~g. ~mt, ~you do have a family member vi3 a d~qnking probkm, seek help now. Please callyourcommumtyre~ralline. ~0~~ Coors Brewing Company Responsible Drinking Icons DPJNK DRINK DRINK DRINK SAFELY SAFELYM SAFELYM SAFELY~ DRINK DRINK DRINK SAFELY~ SAFELY~ SAFELY POR FAVOR CON CUIDAD~ ..,.~ ~,ORN /'x' ' SAFELY~ *** w~" THE ~4E TO DISCUSS ALCOHOL Is BE OP, E IT BECO S Isst . Kids usually find out about alcohol o~e way or another: So, the sooner they get good i~formatio~, the soo~er thq lear~ to make safe a~d legal decbio~s. ~lcohol, Druuk Driving a~d ~u (~DDY) is a progv'am that is helpi~g.young people do just that. ~:~ At Coors, ~'e support a~t ~DDY disct~ssion gzdde that helps teen,s a~d parents discuss akohol before it becomes a~ issue. If ' you would like afi'ee copy of this guide, or would hke to le~r~ how to bring the ~DDY program to your school or commu,,ity, please call 1-800-328-6785.CO0~ C~ June 16, 1998 TO: The Honorable Mayor and City Cou~(~· VIA: David D. Rowlands, Jr., City Manager'- FROM: Chris Salomone, Community Development Director SUBJECT: Tour of San Diego Pump Station Several months ago the City Council was made aware of a proposal by the San Diego Metropolitan Water District to locate a sewer pump station in Chula Vista in conjunction with the rerouting of sewerage flow south to a new treatment plant to be constructed near the border. There are five sites in Chula Vista which are being considered as possible locations for the pump station (see attached map). As part of the site selection process, City of San Diego staff have proposed to take Chula Vista City Council members and staff on a tour of similar facilities in San Diego and National City. There will also be a Citywide Advisory Committee tour scheduled for Saturday, July 11, 1998. If the City Council would like a separate tour of similar projects in the area, it is requested that a subcommittee be named and staff advised as to convenient dates and times for a tour. [(FK) H:IHOMEICOMMDEVIINFOMEMOIPUMPSTSN (June 16, 1998 (4:281~n)] D STREET SOUTH BAY CONVEYANCE SYSTEM ALTERNATIVE SITES FOR SWEETWATER PUMP STATION (SWPS) FIGURE 1 MINUTES OF A REGULAR MEETING OF TBE CITY COUNCIL OF TBE CITY OF CHULA VISTA Tuesday, June 16, 1998 Council Chambers 7:10 p.m. Public Services Building CA~Ja TO ORDER 1. ~OLL CALL: PRESENT: Councilmembers: Moot, Padilla, Rindone, Salas, and Mayor Borton. ABSENT: Councilmembers: None ALSO PRESENT: City Manager, David D. Rowlands; City Attorney, John M. Kaheny; City Clerk, Beverly A. Authelet; and Deputy City Clerk, Charline V. Long. 2. PLEDGE OF ALLEGIANCE TO THE FLAOt MOMENT OF SILENCE 3. APPROVA~ OF MINUTES: June 2, 1998. MSUC (Padilla/Moot) to approve the June 2 minutes. 4. SPECIAl, ORDERS OF THE DAY: Proclaiming Saturday, June 20 and Sunday, June 21, 1998 as "Relay for Life Days" in the City. Dr. Art Garcia, Chair of the American Cancer Society, Relay for Life Days, was not present to receive the Proclamation. CONSENT CALENDAR (Items pulled: 11) BAI2%NCE OF THE CONSENT CALENDAR OFFERED BY MAYOR BORTON, headings read, texts waived, passed and approved unanimously 5-0, except for Item No. 8 with Councilmember Salas abstaining, No. 9 with Councilmember Padilla abstaining, and No. 12 with Rindone abstaining. 5. WRI~-i'~N COMMUNICATIONS: A. Letter from the City Attorney stating that to the best of his knowledge from observance of actions taken in Closed Session on 6/9/98, that there were no reportable actions under the Brown Act to be reported. The letter was received and filed. B. Letter of resignation from the Economic Development Commission - william C. ~%achscher, II. The resignation was accepted with regret, and the City Clerk was directed to post immediately according to the Maddy Act in the Clerk's Office and the Public Library. 6. RESOLUTION 19038 ACCEPTING THE AGREEMENT FOR THE SECOND YEAR OF A THREE YE~USED OIL RECYCLING BLOCK GRANT#UBGS-96-2055 FROM THE CA3~IFORNIA INTEGRATED WASTE MANAGEMENT BOARD, AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS IN CONJUNCTION WITH ADMINISTERING THE GRANT AND APPROPRIATING $89,472 FOR FISCAL YEAR 1998/99 TO IMPLEMENT THE GRANT - The California Used Oil Enhancement Act requires the collection of four cents for every quart of lubricating oil sold, transferred and imported into California from oil manufacturers. Chula Vista consumers pay four cents per quart into the fund when they purchase oil. The Act mandates the California Integrated Waste Management Board use a portion of the funds to provide block grants to local governments for used oil programs that encourage recycling. Per staff's recommendation~ the resolution was approved unanimously 5-0. (Conservation Coordinator) 4/5th's vote required. June 16, 1998 Page 2 7. RESOLUTION 19039 ACCEPTING BIDS AND AWARDING PURCHASING AGREEMENTS FOR LANDSCAPE MAINTENANCE SERVICES FOR OPEN SPACE DISTRICTS 1, 2, 3, 4, 5, 6, 7, 8, 9, 11, 14, 15, 17, 18, 20, 23, 24, 26, 31, BAYFRONT, AND TELEGRAPH CANYON ROAD - On April 4, 1998, an advertisement was placed in the Star News, La Prensa, and San Diego Daily Transcript soliciting bids for the landscape maintenance contracts of open space maintenance districts throughout the City. In addition, 116 prospective bidders from the Purchasing Agent's bid list, including 13 local contractors, were notified by mail. On April 23, 1998, a mandatory pre-bid conference and tour of areas to be maintained was held for interested contractors; 18 prospective bidders attended. On May 7, 1998, four contractors submitted bids on some or all of the maintenance districts. One local contractor submitted a bid, but was not competitive for any district bids. Per staff's recommendation, the resolution was approved unanimously 5-0. (Director of Finance and Director of Public Works) 8. RESOL~ION 19040 ACCEPTING ~DS AND AWARDING A PURCHASING AGREFd4EJiT FOR LANDSCAPE MAINTENANCE SERVICES FOR OPEN SPACE DISTRICT 10~ON.C. LANDSCAPE Based upon the advice of the city Attorney, this item has been separated due to conflict of interest concerns. A Councilmember owns property subject to the open space maintenance contracts in this district. Per staff's recommendation, the resolution was approved 4-0-0-1 (Salas abstaininq). (Director of Finance and Director of Public Works) Councilmember Moot stated that his home was located within this District. However, he did not feel he needed to abstain since the item was only accepting bids and awarding an agreement. 9. RESOLUTION 19041 ACCEPTING BIDS AND AWARDING A PURCHASING AGREEM~T FOR LANDSCAPE MAINTENANCE SERVICES FOR EASTLAKE LANDSCAPE MAINTENANCE DISTRICT - Based upon the advice of the City Attorney, this item has been separated due to conflict of interest concerns. A Councilmember owns property subject to the open space maintenance contracts in this district. Per staff's recommendation, the resolution was approved 4-0-0-1 (Padilla abstaininq). (Director of Finance and Director of Public Works) 10. RESOLUTION 19042 APPROVING FIFTH AMENDMENT TO AGREEMENT WITH SAN DIEGO TRANSIT CORPORATION FOR UNIFIED TELEPHONE INFORMATION SYSTEM - On July 19, 1980, South Coast Organization Operating Transit (SCOOT) entered into an agreement with San Diego Transit Corporation (SDTC) for Regional Transit Telephone Information Service. This service provides Chula Vista Transit (CVT) riders with schedule information both on C1FT and on all fixed route transit systems operating in the county. On July 1, 1993, SCOOT was dissolved, and the agreement for this telephone information service was changed beginning in fiscal year 1993/94 to be with the City of Chula Vista. This fifth amendment to the agreement for fiscal year 1998/99 continues CVT's participation in this Regional Transit Information System at a cost of $29,821, a 19.5% decrease from the fiscal year 1997/98 cost of $35,640. Per staff's recommendation, the resolution was approved unanimously 5-0. (Director of Public Works) ll.A. RESOLUTION 19043 APPROVING FIN~J~ "A" FJ%P N1JMBER 1 FOR TRACTWUMBER 96-04, OTAY R~J4CH SPA ONE VIIJ~AGE 1, REJECTING ON BEHItLF OF THE PUBLIC EAST P~-LO~%R STREE~, MON~RCHE DRIVE, SANTA FLOHA ROAD, GOLD RUN DRIVE, AND POTIONS OF PASEO P, ANCHEROAND TELEGRAPH CA~YON ROAD DEDICATED ON SAID MAP WITHIN SAID SUBDIVISION, ACCEPTING ON BEHALF OF THE CITY EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, ACKNO~LEDGING ON BEHAI~F OF THE PUBLIC THE IR/~EVOCItBLE OFFERS OF DEDICATION OF OLYMPIC PARKWAY AND PORTIONS OF PASEO P~%NCHERO, AND ACFd~OWLEDGING ON BEHAJ~F OF THE CITY THE IRI~EVOCABLE OFFERS OF DEDICATION OF FEE INTEREST OF LOTS "A" THROUGH "E" FOR OPEN SPACE AND OTHER PUBLIC PUP~POSES AND LOTS "F" AND "R' FOR PUBLIC pARK pURPOSES On November 19, 1996, Council approved the Tentative Subdivision Map for Tract 96-04, Otay Ranch SPA One. Condition Nu~er 117 requires the developer to submit and obtain approval of the City of a master June 16, 1998 Page 3 final map ("A" Map) over the portion of the tentative map within each Village area showing "super block" lots. The "A" Map is also required to show the backbone street dedications and utility easements required to serve the "super block" lots. Ail "super block" lots created are also required to have access to a dedicated public street. The first final "A" Map and associated agreement for Otay Ranch SPA One Village I are now before Council for approval. Per staff's recommendation, the resolutions were approved 4-0-1 (Mayor Horton had briefly stepped away from the dais). (Director of Public Works) B. RESOLIITION 19044 APPROVING S%~PL~ENTALSUBDIVISION IMPROV~-~4EMTAGR~EMEMT FOR TRACT ND~BER 96-04, OTAY RANCH SPA ONE VIIJ~AGE 1 ~ AUTHORIZING T~ MAYOR · ~3 EXE~ SAID AGREE~ Item was pulled by Councilmembers Moot and Rindone. CouncilOr Moot asked about the pedestrian bridge that was connecting a couple of the villages. Cliff Swanson, Deputy Director of Public Works/City Engineer, replied that under the SPA Plan and tentative map requirements, Villages 1 and 5 have to be connected to the trail system with a pedestrian bridge. It also required =he SPA Plans, the general plan,'and the tentative map to have a future pedestrian bridge over Olympic Parkway to the south between Village 1 and future Village 2 and Village 5 and future Village 6. Councilmember Rindone asked what is the timeframe that has changed moving the high school from Village 7. Mr. Swanson responded that he didn't have that information available. It depends upon the developers' plans. The Planning Department may have more information on when they propose to develop the future Villages. Councilmember Rindone stated he had another question regarding the location of the seven acres of the adult education facility in Otay Ranch and when that will be coming on line. Since he did not wa.nt to hold this up tonight, he requested a written response to both of those questions. He is often asked when the high school in Otay Ranch will be under construction. RESOLUTIONS NOS 19043 AND 19044 OFFERED BY COUNCILMEMBER MOOT, headings read, texts waived, passed and approved 4-0-1 (Horton absent from the dais). 12. RESOLUTION 19045 APPROPRIATING F"JNDS FROM THE UNAPPROPRIATED [~%/~%NCE OF ~E TP. AFFIC SIGN~J~ ~3ND ~) REIMBURSE DEVELOPER FOR COSTS INVOLVED IN TRAFFIC SIGNAL REIA)CATION AT THE NORTHEAST COP~NER OF FOURTH AVENUE ~ "E" STP. EET - On May 6, 1997, Council authorized the appropriation of 515,000 out of the Traffic Signal Fund for the purpose of reimbursing Tony Zamir who built a dental office building at 397 "E" Street. Evidence submitted by Mr. Zamir indicate that the actual costs of construction exceeded $27,000. Additional funds must be appropriated to reimburse Mr. Zamir for his total costs. Per staff's reco~u~endatioe, the resolution was approved 4-0-0-1 (Rindone abstaininq since this was close to his home). (Director of Public Works) 4/Sth's vote required. * * * END OF CONSENT CALENDAR * * * ORAL COMMI/NICATIONS There were none. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 13~ PUBLIC HEARING AMENDING SECTION 13.14.150 OF THE ~g3NICIP;LL CODE TO AI~LOW DELINQUENT SEWER SERVICE CHARGES TO BE PLACED ON THE PROPERTY TAX BILL FOR COLLECTION - The City is currently billing approximately 15,000 accounts for Minutes June 16, 1998 Page 4 sewer service. Two percent of these accounts become seriously delinquent. If, after extensive collection efforts, payment is not made the City obtains a judgement through Small Claims Court. A lien is then placed against the property, but the City receives no payment until the property is sold or refinanced. Adoption of this ordinance will modify this process allowing these delinquent charges to be placed on the property tax bill so payment can be received within a year, as opposed to waiting indefinitely. This will increase annual revenues tot he Sewer Fund, as well as greatly enhance the efficiency of the collection process. Per staff recommendation, the ordinance was placed on first resdinq. (Director of Finance) ORDINANCE 2736 ;~ENDING SECTION 13.14.150 OF THE ~JNICIP/tL CODE ~N) AI~LOW DELINQUENT SEWER SERVICE C}{ARGES TO BE PL.~CED ON THE PROPERTY TAX BIIJ~ FOR COLLECTION (first readinq) Robert Powell, Finance Director, stated that currently the City has approximately 55,000 customers for sewer service: twenty-nine thousand are billed by the Otay Water District on the water bill; 15,000 are billed by the City which were previously billed by the Sweetwater Authority; and about 10,000 in the Montgomery area are billed on the County tax rolls. Delinquencies are almost nil in both the Otay and Montgomery billing groups. In Otay, because of their ability to shut off the water; and in Montgomery due to the fact that the property tax rolls are utilized which immediately creates a lien on the property. For City-billed accounts, the delinquency rate is approximately 2% and is only kept at this level through a very aggressive and time consuming collection effort which may involve property tax liens obtained through a small claims court action. These liens are only enforceable upon the sale or transfer of the property. The recommendation before Council will reduce collection costs and generate an additional 560,000 in revenues each year. Both of which will be factors in maintaining the lowest overall sewer charges for our customers. This being the time and place as advertised, the public hearing was opened. Addressing Council were: · Dave Wilson, 824 Stanford Avenue, Chula Vista, representing the Pacific Southwest Association of Realtors, who have in the past opposed the liening of public utility bills on private property. He felt it was an injustice to the property owners, especially to the non-owner occupied properties. The property owners may have tenants who have unpaid bills and they are not aware this situation exists. When property is rented, a contract agreement includes the payment of the utilities by the tenant which includes the sewer bill. If the tenant doesn't pay it, the only way of enforcement for that property owner is through small claims action. To have the City bill that owner, seems to be unfair. He felt the majority of delinquents would be non-owner occupant properties. He felt the City should look for another way of addressing this issue. Mayor Horton asked if there was an alternative to what is being proposed. Mr. Powell responded that one of the first notices which the City sends out on delinquent accounts is to the property owner. This is per an agreement that we made when we initially took over the Sweetwater accounts. We were requested by the property owners to receive these notifications. The only alternatives that staff is aware of, because we have no shut-off authority, is the one we are currently using which is many follow up letters to both the landowner and the tenant. Once we get to the point that we are getting no response, then we take it to small claims court. We get a lien against the property owner at that time just like we would with a property tax bill except we have to wait until the property turns over. Councilmember Rindone wanted to know why we didn't have any shut-off authority since that seemed to be the method that is highly successful with the Otay Water District. Mr. Powell responded that when the water bill was separated from Sweetwater Mfnu~es June 16, 199£ Page 5 Authority, the Authority at the time made it very clear that they would not shut off water because of non-collection of our sewer bills. So we cannot shut off water, because we don't control that. We are precluded from public health issues from shutting off the sewer services. Councilmember Moot stated you can cover this problem very easily in a lease with a tenant; you can have a secured deposit; failure to pay the sewer bill will be grounds to terminate the lease. You can include that as a damage when you get your deposit, so if the tenant doesn't pay it, you can take it out of the security deposit. There are a lot of remedies available in a common lease or rental agreement that the private sector can take without it burdening the tax payers. We have no choice but to provide this service and collect the fee for the service. Mr. Wilson stated that the situation is frequently the property owner is not in a position to recover all of that cost. To turn around and add the sewer fee on top of it is an insult.- The lost rent is already a problem. The legal process to go ahead and get someone out of a property is fairly involved and can cost considerable amount of money; even in excess of what might be in a security deposit. Patty Davis, 653 Redlands Place, Chula Vista, stated that the other utility companies like SDG&E, Otay Water, and the Phone Company can't lien the landowner for those utilities. The fact that they give credit to the person, and the person doesn't fulfill their responsibility and obligation, they have to go after the person. She felt the City should have to go after the person who is using the service. She stated that the California Apartment Owners Association has a law suit pending against the City of Stockton that will probably be settled in August, 1998. If it goes the way it is expected to go, they will not allow the cities to lien property holders for utilities. There is also a bill pending in the Assembly ($B-2166 Costa) which would prohibit cities from liening property owners for utilities of their tenants. She felt it was a private property rights issue and one that she was concerned about. She encouraged Council not to support this, but to defer it until we see what happens to the law suit. There being no one else indicating a desire to address the Council, the public hearing was closed. Mayor Horton asked legal staff if he was aware of the case pending fh August. Mr. Googins responded that the City Attorney's Office is not aware of the specifics of the Stockton law suit as it might relate to the proposal before Council. It is staff's understanding in general terms that they won initially and that the matter was on appeal. The City Attorney's Office did analyze the legality of this matter and concluded that this would be a legitimate and legal way to collect the fee. If in fact this case is identical to what we are doing here, we would need to reevaluate whether or not this collection mechanism was appropriate. There is an alternative collection mechanism in the Code which does not have a tax roll lien but a property tax lien after a judgement in small claims court, while it does also involve a lien against the property, its what we have been doing for many years. Mayor Horton stated she would like to defer this and set up another meeting with Sweetwater Authority to discuss other options such as cooperation in turning off the water, if in fact that might not be more palatable means to accomplish our goal. She felt we could set something up within the next month. David Rowlands, City Manager, stated that the drop dead date is August 10 to put anything on the tax bill. If the Council proceeds with this ordinance, we could come back before the second reading of the ordinance with more information. If it was delayed tonight, it may push back the opportunity for this coming fiscal year to have it on the tax roll. Legal Counsel has researched this, and it is a legally appropriate way to do it right now. Councilmember Moot stated that when Council went through the negotiations with Minutes June 16, 1998 Page 6 Sweetwater, we delayed going to City sewer billing for nine to ten months because we kept going back to Sweetwater and asking over and over to please let us bill water and sewer together. They kept coming back saying they wouldn't do it. This is not like a phone bill or gas and electric bill. The City can't shut off the sewer. Councilmember Padilla stated that this is a system that we cannot afford to allow any component to shut down at any time for a multitude of legal policy and health reasons, so it makes that option unrealistic in its impacts to other users and payers of the system. The reality is that we owe it to those who are paying. If we are in the business of owning real property and renting it out to people, we have a lot of tools at our disposal to insure legally that a perspective renter of property pays the utilities that they are required to pay. A mechanism can be put into place to recover the cost of litigating if it should become necessary to getting rid of the tenant. It is this Council's responsibility to make sure that the system operates and that we are able to realistically collect delinquencies. Until the time that we know the results of the legal case in Stockton, we need to move forward. Mr. Googins added that the process does require that a public hearing be noticed and that both landlord and tenant would have an opportunity to come forward and make equitable arguments regarding the fact that it was a tenant's debt and they didn't have it properly covered in their lease and that the tenant left them holding the bag. In the public hearing context, on a case-by-case basis, where those equitable circumstances arose, that legitimate concern could be addressed. ORDIN~/~CE 2736 PLJ%CED ON FIRST READING BY MAYOR HORTON, beading read, text waived, passed and approved unanimously 5-0. 14. PUBLIC HEARING CONSIDERING A SERIES OF AMENDMENTS TO MUNICIPAL CODE Clh%PTER 9.50 TO AiJ~OW THE ADOPTION AND ADMINISTRATION OF AN ENHANCED AND SIMPLIFIED ENFORCEMENT PROGRAM FOR MOBILEHOME PARK RENT REVIEW - Last year the City's Mobilehome Rent Review Commission conducted two public hearings to solicit public input on how to clarify and streamline the Mobilehome Park Space Rent Review Ordinance Number 2251. The proposed changes are the result of this input and hereby recommended to be approved by Council. A second general reading of the proposed changes will be required before any changes to the Ordinance are adopted. Per staff's recommendation, the ordinance was placed on first readinq. (Director of Community Development) ORDINANCE 2737 ~4ENDING CHAPTER 9.50 OF THE MUNICIPAL CODE RELATING TO MOBILEHOME PARK SPACE RENT REVIEW (first readinq) Juan Arroyo, Housing Coordinator, stated that the amendments were designed to clarify the language of the ordinance and streamline its implementation. It was important for Council to approve the proposed amendments, because it will substantially help to resolve some problems which are currently developing in the Brentwood Mobilehome Park. If there are other substantial changes which Council wishes staff to review, staff can bring those back for consideration at a future date. This being the time and place as advertised, the public hearing was opened. Addressing Council were: Ken Stayers, Palms Mobile Estate, 275 Orange Avenue Space No. 26, Chula Vista, G.S.M.O.L. President, stated he was at the September 18, 1997 meeting addressing the Mobilehome Rent Review Board. He brought up the need for inspections of all mobilehome parks at least once a year. There are a number of problems in the Brentwood Mobilehome Park on Industrial Boulevard. He stated that a full rent review should not be limited just to the needs of the owners, but also to the needs of the tenants. He felt that during every CPI raise, management should staple to the rent increase, the full address and phone numbers on who to contact for possible violations or problems. June 16, 1998 Page 7 Councilmember Padilla stated that he has mentioned to staff that he will be coming back under his comments in the coming months to Council with some proposals for substantive changes to the core of the ordinance. He felt that we should limit the comments tonight to the proposed changes knowing that there will be more substantial proposals coming to Council in the future. The people in the audience could testify to those issues at that time. Pat LaPierre, 1925 Otay Lakes Road, Chula Vista, 91913, stated that as far as the ordinance tonight with the non-substantive administrative changes, he had no objection to it. They were basically here tonight to talk about substantive changes. If Council doesn't want to hear the complaints tonight, how is this going to work. Councilmember Padilla responded that although this is not an issue before Council tonight, this will be an issue before the Council very soon, and the commentary on substantive changes should take place at that time. Councilmember Moot asked if the parties interested in substantive changes have had an opportunity to take these issues to the Mobilehome Rent Review Commission. It sounds like they want these issues discussed. They should start at the Commission level. Have they been advised how to get that process started. Mr. Arroyo responded that during the proceedings and hearings, there were some comments made to other issues that were of concern. But the Commission structured the proceedings to deal with only the procedural implementation type of issues. They acknowledged some of the concerns that were raised at that point, but their actions were strictly related to these issues which we are discussing tonight. Mr. LaPierre stated that there is a difference between administrative changes and legislative changes. The Mobilehome Rent Review Commission was not empowered to discuss or to take into consideration anything else but administrative changes. The substantive changes were brought up and they were viewed, but they were not discussed in detail. They would not have been able to make an evaluation or a judgement. It was his opinion that it is a legislative item that has to take place at the Council. The Commission is not in the legislative business. · Earl Biggers, 677 "G" Street, Space 26, Chula Vista, 91910, ex-officio member of the Mobilehome Rent Review Commission, stated that he wan~ed Council to know that he was not notified about this meeting. If a friend had not told him about the meeting, he would not be present. He wanted to speak, because he was part of the discussion to suggest these changes and he was in support of them; especially the issue of arbitration. As it stands now, before any changes can be made adjudicating a rent increase, after arbitration, it must come to the Rent Review Con~nission to be done all over again and that is the final word. It was a strong reco~aendation to do away with the arbitration step and bring the issues straight to the Rent Review Commission. He also supported the other general changes. He suggested a further change to add under, "Notice rent increase in excess of cPI" the following: "Annual Cumulative Rent Increase in Excess of CPI for this fiscal year." All of the discussions that the Commission has had always has been for the cumulative raise for a fiscal year. There is a little ambiguity the way it is now stated in the ordinance. Along the same line, it states, "the CPI is blank percent, and this increase is blank percent, etc. He would like to have it changed to, "the CPI is blank percent and this increase reflects accumulative increase for the space of blank percent." He felt it would remove the ambiguity that there is only one increase per space per year. Mr. Salomone stated that those are the exact changes that are in the language before Council. Unfortunately, they came forth in the amended copy. Edward Nagorski, 1925 Otay Lakes Road, Space 80, Chula Vista, 91913, commented that in September 1997, we had a Commission rent hearing, and there was a sign up place in the back. Everyone who was interested in knowing what was going on in the future, signed up. The next notice he got was in October 1997. He did not get a notice about this meeting. He felt someone should look into June 16, 1998 Page 8 this. We should put in the ordinance a new way of informing mobilehome owners that there is an ordinance. The last time it was done, the ordinances were sent out to the park owners or managers to be distributed in the park. They didn't get distributed. About 70% of the mobilehome owners in the City don't know that we do have a rent control ordinance. Mayor Horton suggested that as a requirement for every sale of a mobilehome, we should do something similar to what we require when someone purchases a home in a Mello Roos area. They are given a form explaining the Mello Roos obligation and then required to sign it. Staff is doing something similar, but take it a step further, make it a requirement that they be given a full copy of the ordinance at the time of signing to purchase a mobilehome. · Dennis L. Chaffee, 43 Corso Di Italia, Chula Vista, 91910, president of the GSMOL Chapter, commented that we have waited a long time for these amendments to come forth. He was hoping these would be passed as quickly as possible because many mobilehome residents are living on social security at approximately $700 a month. They do not have the funds to hire attorneys, etc. There being no one else indicating a desire to address Council, the public hearing was closed. OP. DINANCE 2737 PLACED ON FIRST READING BY COUNCILMEMBER MOOT, heading read, text waived. Mayor Horton stated that she wasn't sure if the one item regarding the disclosure had to come back to Council, but she felt that would be an excellent way to make sure the buyer is informed. There are other issues which are of concern to the residents and she felt that when it comes to health and safety, those issues should come forth as soon as possible. V(F~E: First reading was passed and approved 5-0. Councilme~er Padilla co~u~ented that he will be bringing changes forward under his comments directly as legislative changes. He has'briefly discussed this with staff to give them an information item about it. He is not bringing it through the Rent Review Corm~ission because some of those changes directly relate to the commission's role as an independent arbiter; and it is inappropriate for the Commission to make legislative recommendations that would impact their role as an independent arbiter in the ordinance. It is also not appropriate for them to be proposing legislative changes. The City Attorney does concur with him in that opinion. 15. pUBLIC REARING CONSIDERING AR INCREASE IN THE AB 939 FEE TO FUND A HOUSEHOLD HAZARDOUS WASTE EDUCATION AND DISPOSAL PROGRAM FOR CHULA VISTA RESIDENTS AND CONDITIONALLY EXEMPT SMA/~L QUANTITY GENERATORS - The California Integrated Waste Management Act of 1989 (AB 939) requires that all cities and counties develop and implement a Household Hazardous Waste Element (HHWE). Cities and counties are subject to civil penalties of up to $10,000 per day for failure to make a good faith effort to develop and implement their plans. AB 939 further established that a city may impose fees in amounts sufficient to pay the cost of preparing, adopting, and implementing HHWE's as an element of an integrated waste management plan. Per staff's recommendation, the resolution was approved unanimously 5-0. (Conservation Coordinator) 4/5th's vote required. RESOLUTION 19046 INCREASING THE AB 939 FEE TO FUND A HOUSEHOLD HAZARDOUS WASTE DISPOSAL PROGRAM ARD APPROPRIATING FUNDS THEREFOR Michael Meacham, Conservation Coordinator, mentioned that the item went to the RCC, they passed the item with two comments. One, they had earlier made a request that there be a provision made to expand the opportunity for additional generators other than residents to participate. Included in this process is the opportunity for small businesses under a statute called the Conditionally Exempted Small Quantity Generator to participate in the program. Secondly, they June 16, 1998 Page 9 wanted to make sure that the contract which is not before Council tonight included some provision for a local service option. The action before Council is to establish a fee and appropriate funds for a program for the project. It is not to approve the contract or a site for a local facility. Those are actions which will come to Council later when the contract is completed. Councilmember Rindone stated that staff indicated that this was to establish a fee. He was under the impression that a fee had already been established; it is at eleven cents. This is to increase the fee fifty percent to twenty two cents. Mr. Meacham responded that was correct. This particular portion of the fee would apply directly to the household hazardous waste program. Councilmember Salas commented that the staff report indicated that approximately 800 households participated in the two one-day household hazardous waste collection events. That number seemed low since we have so many households in the City. Given those numbers, we are still not doing a really good job of disposing our hazardous waste. It must be going somewhere. Mr. Meacham stated that it is true the numbers do not represent a large percentage of the total households. We do not get all that we should. The intent of the program is to provide better public education and get people to take advantage of it. We have also worked on other programs which have helped to reduce the need such as the curb-side used oil program. Councilmember Salas stated that one of the reasons we need to increase the fee is so that we can carry on those educational programs and get more people involved in the proper disposal of hazardous waste. RESOLUTION 19046 OFFERED BY COUNCILMEMBER SALAS, heading read, text waived. A public hearing was held. There were no speaker slips submitted, and there was no one from the audience indicating a desire to address the Council. Councilmember Rindone suggested that if there was at least a disposal periodically (i.e. once a month), so that when we market campaigns in the newsletters to the homeowners that we have an established program. He referred this to staff to reconsider enhancing the program so there is at least once a month disposal. What we are doing is positive, but we need to think bigger. Mr. Meacham responded that in this proposal, we will be coming back to Council with a contract that would include a permanent facility that would be open at least every Saturday. Councilmember Moot commented that we have been talking about vehicle license fees and the City budget. This is an example of how the State passes a statute and mandates it, then the City has to impose and raise the fee that implements it. In this particular case, it is with pleasure that he will do it because he felt this is important in disposing of this kind of toxic material correctly. VOTE: Passed and approved unanimously 5-0. BOARD AND COMMISSION RECOMMENDATIONS None submitted. ACTION ITEMS 16. ORDINANCE 2738 AMENDING CHAPTER 2.16 OF THE MUNICIPAL CODE ESTABLISHING THE LIBP. ARY AND RECREATION DEPARTMENT (first readinq) - The resignation of the Parks and Recreation Director provided the City with a unique opportunity to review its organizational structure with an eye toward creative cost savings, staff utilization and program implementation as well as making good community services better. A City Ordinance established the Parks and Recreation Minutes June 16, 1998 Page 10 Department which combined the services and facilities of a park department and a department of recreation. This ordinance abolishes the Parks and Recreation Department and creates a new Library and Recreation Department. Per staff's recommendation, the ordinance was placed on first reading. (Library Director) David Palmer, Library Director, stated that staff had nothing further to report. Councilmember Padilla asked Mr. Palma from the Parks and Recreation Commission to make some comments regarding that process. Steve Palma, Chair of Parks and Recreation Commission, stated that this is one idea that was well thought out. He was glad that David Palmer was at the helm. This idea is going to work. He was in favor of it, and so were the cormmissioners. They were ready to work. OP. DINANCE 2738 pLACED ON FIRST READING BY MAYOR HORTON, beading read, text waived, passed and approved 4-1 (Rindone voting no). 17. RESOLUTION 19047 APPROVING AN AGREEMENT WITH THE HO~DER E.N~IRONMENTAL COMMERCE ALLIANCE (BECA) FOR ADMINISTRATION OF REMAINING ECONOMIC DEVELOPMENT ADMINISTRATION (EDA) GRANT FUNDS FOR CONTINUED OPERATION OF THE BECA PROG~AM, A~D AUTHORIZING THE MAYOR TO EXECUTE SAME - On March 3, 1998, Council authorized the formation of a 501(c)(3) non-profit corporation to assume the role of operation of the BECA program, as originally envisioned in the BECA Operational Plan, dated October 12, 1994. The funding mechanism for the SECA program has been primarily a grant from the U.S. Department of Commerce, Economic Development Administration, in the amount of $2 million. Approximately $500,000 is remaining of those funds. The recommended action would transfer the operational responsibility and funding for the BECA program to the newly formed BECA corporation, pursuant to the goals set forth at the inception of the BECA program. Per staff's recommendation, the resolution was approved unanimously 5- 9. (Director of Community Development) Staff report presented by Joe Monaco, Environmental Projects Manager, this is the final action of the Council to transition the management of the program over to a non-profit. RESOLUTION 19047 OFFERED BY COUNCILMEMBER PADILLA, heading read, text waived. Councilmember Moot asked if the makeup of the Board has been determined. Mr. Monaco replied that the Board has been formed. They have had their first meeting. Councilmember Rindone expressed that he thought the final resolution was that the Mayor and perhaps one councilmember would be ex-officio members on the Board. Mr. Monaco responded that the final resolution of that issue was to have two ex- officio members of city staff, the city manager or his designee, and one additional staff member appointed by the city manager to serve on that board. VOTE: approved unanimously 5-0. 18. REPORT COORS AMPHITHEATER EVENTS MANAGEMENT PLAN AND COMMUNITY PROGRAMS TO BE UNDERTAKEN BY COORS/UNIVERSAL - The Conditional Use Permit Monitoring Program for the Coors Amphitheater requires that, prior to the issuance of a Certificate of Occupancy for the project, the developers (Universal Amphitheaters, Inc.) are to be the lead party in forming an Events Planning and Coordination Task Force for the purpose of developing an Events Management Plan. The Task Force was formed in January, 1998 and the Events Management Plan was completed on May 5, 1998. Per staff's recommendation, the report was received and filed. (Director of Community Development and Director of Planning) June 16, 1998 Page 11 Fred Kassman, Redevelopment Coordinator, presented the staff report. Chris Salomone, Community Development Director, added we consider the Events Management Plan a process that will be revisited on any occasion that it is deemed necessary. There is an automatic annual review. The task force will review it after the first couple of events to make sure that the security, traffic, medical, and other processes that have been established by the task force are adhered to. In addition, there is a separate task force that will be established under the agreement to oversee the performance arts fund and how that will be dealt with. Addressing Council were: · Christine A. Smith, 430 Starwood, Chula Vista, 91910, expressed objection to the sponsorship of the new performing arts center which will be called the Coors Amphitheater. She objected to the fact that the democratic process was ignored and that neither the citizens nor the Council were informed of this decision. She wanted to know how Coors will meet its corporate responsibility to enhance the community by its presence. Mayor Morton asked staff to share the video with the co,unity which shows some of the programs that will be offered by Coors to help send the strong message to the underaged children and to adults that drinking excessively is not a good thing. She also directed staff to give Ms. Smith one. She felt it would be beneficial for her to take back to the school district. Mr. Kassman responded that all the material including the videos will do that. Me added that Coors and Universal have agreed to participate in a city-wide program, which includes the Sweetwater Union High School District, for the promotion of responsible drinking. Coors will participate in the training of vendors at the stadium. The food vendor also has their own programs to train people not only in the sale of alcohol and to recognize people who are under age, but also in cutting off people who appear to have had too much to drink. Mr. Salomone added that there is a particular amount of every ticket sold that will be dedicated to the performing arts in the City other than at this venue. It could be anywhere. It could be at the Ruth Chapman facility, in the schools, in other theaters, or outside. It will be determined by a committee of individuals representing the community. ' Councilmember Salas added that MS. Smith and others have mentioned their dissatisfaction with the naming of the Coors Amphitheater and with the sponsorship of the Amphitheater with Coors. She could understand their concerns. When we entered into the agreement, our agreement was with Universal Concert Incorporated. We had no negotiations with Coors. Part of the problem that the community is experiencing and what their frustration is that as part of the deal points that we made with Universal was the City's use of the amphitheater for eighteen days for community events. Some of the events that were indicated as being part of the eighteen days were things like graduations and church sunrise services. We have heard from that segment of the community that having an event like that in a venue that says Coors would not be acceptable to them. They feel that is now not an option that is available to them because the responsibility of educators to promote an activity in the Amphitheater named Coors would send a double message to the students that drinking is okay, and they want to avoid that at all cost. While we want to see Coors Amphitheater succeed, we all agree that as a Council we have no right to interfere in the business agreement between Coors and the Amphitheater. There has to be some kind of mitigation for those kind of co~nunity groups that will not be using the Amphitheater because of its name. There has to be some intrinsic value to those 15 days; we need to work with the folks at Universal to see how we can redirect that intrinsic value of the 18 days into a community benefit that will be beneficial to those groups who opposed the use of the Amphitheater for those philosophical reasons. Mary Anne Stro, 1125 Paseo Del Cerro, Chula Vista, 91910, high school principal, stated that they work very hard with students to deter them from using Minutes June 16, !99~ Page 12 alcohol because they are underaged. She was surprised when she found out that the Chula Vista Amphitheater is now the Coors Amphitheater. The fact that Coors is going to contribute a lot of money to the community and to the performing arts is very commendable. She hoped that we will see a very active and very public campaign on their part aimed at teenagers against drunk driving, against driving and drinking, against using alcohol when they are underaged. She felt the name of the amphitheater is a setback from the positive image that we are trying to create in the City and one that is family-oriented and a clean and productive place for citizens to live. Councilmember Rindone stated that on May 5, he indicated to staff that there had been a lot of concern expressed on this topic and that there needed to be a plan of mitigation on how this City will deal with these issues. He felt this still needed to have a complete review by the Council and citizens of the community. We need to know these things before the amphitheater opens. He would like the item to be trailed so that the report that was received last night would have time to be reviewed. What is before us is the Events Management and Coordination Plan for public comment. What the speakers are addressing, and he is addressing, is to look at the overall Plan as to the mitigation of what community services are going to be provided in these varied activities. The report indicates that "Coors has indicated to the staff." There is not a final plan, and he felt that we need to move closer to that. That was the purpose of his referral on May 5. What he is asking is that, even though there is no specific action tonight, because we are not approving a Plan of what Coors is planning to do for the ~om~nunity, there certainly should be another opportunity for co--unity input so that we have a very clearly stated understanding as to what benefits would be made possible to provide education knowledge and reinforcement of these issues as identified. Councilme~er Salas clarified that what he was asking for is that not only should we be able to provide comments and concerns, but that those documents should be available to concerned con~nunity members so that their comments could be incorporated. Councilmember Rindone replied that is part of it. What has been provided to us was the Events Management and Coordination Plan which are specific issues that we have reviewed. That is a separate issue from what has been identified tonight. Those issues we received less than 24 hours for ourselves to review. He felt it should be released to the community to gather input so that we have an opportunity to be able to insure that every step possible to address these concerns and issues have been met and prior to the opening of the amphitheater. He was requesting for an opportunity for the community to respond and have the report released to them. David Rowlands, City Manager, stated that the report which Council got last night can be passed out to the various community groups and brought bac~ for Council discussion on July 14. The action tonight is to receive and file. Mayor Horton felt it might be beneficial to have a presentation made by Coors similar to the one which was presented to MS. Salas and herself. Mr. Salomon'e pointed out that staff understood Councilmember Rindone's referral. Staff has had very little time to accomplish the who, what, when, where, and why that he asked them for. The packet you received last night was informational data which we have received from Coors. The item tonight is an informational item. It is not in any way a static process. We are continuing to try open the facility and to accomplish Council's desires. Councilmenfoer Moot stated that the City Council did not name this facility the Coors Amphitheater. We weren't asked to participate in the naming of the Amphitheater. The Amphitheater was built completely with private money. Unlike the Escondido Center for Arts, this was not a City-paid and sponsored project. When you ask the private sector to provide these kinds of facilities, there are certain things you give up when you don't put in public money. One of the things the Council gave up was the ability to tell them what to name the facility. It June 16, 1998 Page 13 would have been nice if it had been the Universal Amphitheater, but that was an economic decision that they made. At this point, what the Council is requesting is appropriate to make sure the proper message gets out. Councilmember Salas stated she has listened to the community concerns and agrees with their perspective. On the other hand, she felt it was important that the community get a full understanding of what Coors is trying to do to mitigate the naming of the Amphitheater because in meeting with the Coors' representatives, she was convinced of their commitment to be a good corporate citizen. ACTION: The report was received and filed. ITEMS PU~LED FROM THE CONSE~ CALENDAR Item pulled 11. However, the minutes reflect the published agenda order. OTHER BUSINESS 19. CITY MANAGER'S REPORT(S) A. Scheduling of meetings: Budget meetings scheduled for June 17 and June 18. B. Fiscal year 1998/99 proposed CIP Program overview. George Krempl, Assistant City Manager, and Gerald Young, Principal Management Assistant, presented an overview of the Capital Improvement Program. The total 1998-99 Capital Improvements Budget is $13,645,411. Host of the CIP projects are not funded from the City's general fund. A large pbrtion of the funds that are used are related to grants or other revenues; some are related to development; some to the TRANSNET funding sources (1/2 cent sales tax); and gas tax. Overall streets and traffic signals are the bulk of what we are funding ($9.6 million). Components of the CIP includes $4.7 million in existing projects with on-going fundings. Whether its in street overlay or sidewalk safety programs, Americans with Disabilities Act curb cuts, park maintenance and restroom rehabilitation, we try to fund an on-going predictable portion of those funds each year. We also have $2.2 million in cost modifications for existing projects. There are new funding requests of $7.5 million. Most significant is the Olympic Training Center access road that is going to be funded through federal ICET funds for approximately $3.6 million. New projects include the Otay Recreation Center and the new fire station training class room, new corporation yard, the animal shelter, E Street reconstruction between I-5 and Broadway, and H Street between I-5 and Broadway. Councilmember Rindone stated that on the holiday lighting proposal, he wanted to make sure that any proposal that would come before Council would also have the blessing of the DBA before it is presented to the Council. Mr. Krempl responded that is understood, and they have been involved and will continue to be involved. 20. MAYOR'S REPORT(S) Mayor Horton co~ented that one of the benefits of having been through a campaign is that it gives the candidate an opportunity to meet and talk with a lot of the people who live in Chula Vista. One of the concerns that was raised was the inflexible schedule of the bus system. She suggested that when Council has the next quarterly Saturday tour, it might be nice for the Council to actually have to use the system to get to and from whatever site we are going to be looking at. 21. COUNCIL COMMENTS Councilmember Moot stated he heard on the radio about the Grand Jury report on Minutes June 16, 1998 Page 14 the Port Commission. It was ironic because the Chair of the Grand Jury was reporting that the Port Commissioners were not reporting and keeping their cities advised of what they were doing. He was wondering that this must be an interesting Grand Jury since over two years ago we instituted a process where we get quarterly reports from our Port Commissioner. He was wondering how a Grand Jury could miss that fact. The other underlying premise was that the Port Commission should be put up for a vote. This would be a matter of great concern to a City like Chula Vista because if it was put up for a popular vote, the number of votes that the City of San Diego would have would overwhelm anything that Chula Vista would have. Its difficult enough for us with representation to get the Port to spend money in the City of Chula Vista, and we are fortunate that we have been able to do that. One of the downsides to a public vote for the Port Coramissioners is that we may never see any money in the Southbay cities because we could be so easily outvoted. Councilmember Rindone requested a staff referral for information about "E" Street between Broadway and the freeway; {t is a very poor street. Regarding the election of Port Commissioners, he has not seen the Grand Jury report, but anything that would provide an election of a commissioner to the Port from the City of Chula Vista that would entail people voting who were not residents of the City certainly would not be in our best interests. If there was a push for an election, then it would have to be by regions -- one from each of the Southbay cities and then one from the City of San Diego for each two councilseats. The viability and flexibility of the Port Co~ission is maintained so the Southbay cities do have an opportunity to continue to have a strong voice in the future on issues affecting the entire San Diego Bay. Also, he made a referral some time ago about bus route 709 not using East J Street, but using neighborhood streets instead; he reported that the situation has not changed. ADJOURI~]4ENT The meeting adjourned at 9:23 p.m. City Clerk