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HomeMy WebLinkAboutAgenda Packet 2003/07/15 CITY COUNCIL AGENDA July 15, 2003 6:00 p.m. Council Chambers Public Services Building 276 Fourth Avenue, Chula Vista CI'IY' OF CHULA VISTA City Council City Manager Patty Davis David D. Rowlands, Jr. John McCann City Attorney Jerry R. Rindone Ann Moore Mary Salas City Clerk Stephen C. Padilla, Mayor Susan Bigelow The City Council meets regularly on the first calendar Tuesday at 4:00 p.m. and on the second, third and fourth calendar Tuesdays at 6:00 p.m. Regular meetings may be viewed at 7:00 p.m. on Wednesdays on Cox Cable Channel 24 or Chula Vista Cable Channel 68 AGENDA I declare under penalty of perjury that I am employed by the City of Chula Vista in the Office 01 the City Clerk and that I posted this document on the bulletin board according 10 Brown Act requirements. Dated 1~ I-03 Slgned~~ July 15, 2003 CALL TO ORDER ROLL CALL: Councilmembers Davis, McCann, Rindone, Salas, and Mayor Padilla PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY · OATHS OF OFFICE: Jason Harmon - International Friendship Commission · PRESENTATION OF A PROCLAMATION TQ CARRIE STAFFORD, PRESIDENT OF THE CHULA VISTA WOMAN'S CLUB, COMMENDING THE CLUB FOR 90 YEARS OF DEDICATED SERVICE · PRESENTATION OF A PROCLAMATION TO MARK BASNIGHT, AQUATICS COORDINATOR, PROCLAIMING THE WEEK OF JULY 13 THROUGH JULY 19, 2003 AS NATIONAL AQUATICS WEEK IN THE CITY OF CHULA VISTA · PRESENTATION OF A PROCLAMATION TO ROBERT A. LEITER, DIRECTOR OF PLANNING & BUILDING, COMMENDING HIM FOR HIS 13 YEARS OF SERVICE TO THE CITY OF CHULA VISTA CONSENT CALENDAR (Items I through 10) The Council will enact the staff recommendations regarding the following items listed under the Consent Calendar by one motion, without discussion, unless a Councilmember, a member of the public, or City staff requests that an item be removed for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed after Action Items. Items pulled by the public will be the first items of business. 1. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING ORDINANCE NO. 2896 AND AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 08-1 (OTAY RANCH VILLAGE SIX) PURSUANT TO A REVISED RATE AND METHOD OF . APPORTIONMENT OF SPECIAL TAX (SECOND READING AND ADOPTION) On June 24, 2003, a special election of eligible property owners was held at the City Attorney's office for the purpose of voting on the proposed modifications to the rate and method of apportionment (RMA) of Community Facilities District (CFD) No. 08-1. The proposed action continues the formal proceedings by adopting the o~dinance authorizing the levy of special taxes pursuant to the amended RMA, which will amend and supercede the provisions of Ordinance No. 2896 for CFD-08-1. (Director of Engineering) Staff recommendation: Council place the ordinance on second reading for adoption. 2. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA PROHIBITiNG THE SLEEPiNG OR CAMPiNG OVERNIGHT OF VEHICLES WITHiN THE GROUNDS OF ANY DOWNTOWN MUNICIPAL PARKING LOT, AND AMENDING SECTION 10.62.010 OF THE MUNICIPAL CODE PERTAINING TO PARKING VIOLATIONS TO ESTABLISH A PENALTY TO CITE FUTURE VIOLATIONS (SECOND READING AND ADOPTION) The proposed ordinance prohibits any individual from sleeping or camping overnight in a vehicle on the grounds of any downtown municipal parking lot. Signs expressing this parking restriction, and the City's right to remove or impound an offending vehicle, shall be posted at each parking lot. Staff also proposes amending Section 10.62.010 of the Municipal Code pertdming to parking violations to establish a penalty to cite furore violators. (Director o f Community Development) Staff recommendation: Council place the ordinance on second reading for adoption. 3. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE EASTLAKE II PLANNED COMMUNITY DISTRICT REGULATIONS AND LAND USE DISTRICT MAP (SECOND READING AND ADOPTION) The applicant, the Eastlake Company, has submitted applications to amend the City's General Plan, EastLake II General Development Plan, and EastLake I Village Center North supplemental SPA plan, to convert 9.3 acres located at the northeast comer of Otay Lakes Road and EastLake Parkway from professional-administrative to commercial retail, and the land use district designation from VC-2 to VC-4 to allow for an approximate 100,000 square-foot Kohl's department store to be developed on the project site. (Director of Plarming and Building) Staff recommendation: Council place the ordinance on second reading for adoption. 4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE SUMMARY VACATION OF A PORTION OF AN EASEMENT CALLED OUT AS "2' WALL MAINTENANCE AND ACCESS EASEMENT" OF MAP NO. 14493 McMillin Otay Ranch, LLC, owner of the property located in McMillin Otay Ranch Village 6, R-3, has requested the vacation of a wall maintenance and access easement located along the rear of Lots 13 through 29. In accordance with Section 7050 of the California Government Code and Chapter 4, Section 8335 of the California Streets and Highways Code, this type of vacation may be performed summarily through adoption of a resolution ordering said vacation. (Director of Engineering) Staff recommendation: Council adopt the resolution. 5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA VACATiNG AN IRREVOCABLE OFFER OF DEDICATION OF FEE INTEREST FOR PARK PURPOSES TO THE CITY OF CHULA VISTA OVER LOT 5 OF MAP NO.13649, CHULA VISTA TRACT NO. 98-04, MCMILLIN OTAY RANCH SPA ONE, PHASE 2 Page 2 - Council Agenda 07/15/03 McMillin Otay Ranch, LLC wishes to process a summary vacation for the existing irrevocable offer of dedication of fee interest for park purposes to the City to be consistent with a lot line adjustment parcel map that is being processed by the City. In accordance with Section 7050 of the California Government Code and Chapter 4, Section 8335 of the California Streets and Highways Code, this type of vacation may be performed surmmarily through adoption of a resolution. (Director of Engineering) Staffrecommendation: Council adopt the resolution. 6.A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING FILING OF ENGINEER'S REPORT BY THE CITY ENGINEER ON THE COST OF CONSTRUCTION AND SETTING AUGUST 19, 2003 AT 6:00 P.M. AS THE DATE AND TIME OF A PUBLIC HEARING ON ASSESSMENT DISTRICT 2001-3 (D STREET) B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE DEFERRAL OF ASSESSMENTS AND ESTABLISHING THE RATE OF INTEREST AND FINANCING PERIOD APPLIED TO DEFERRALS FOR ASSESSMENT DISTRICT 2001-3 On June 18, 2002, the Council awarded a contract in the amount of $15,870 to Portillo Construction for the construction of sidewalk improvements on D Street, between Third Avenue and Landis Avenue. The work is now complete, and improvements have been accepted by the City Manager. A resolution must be adopted to accept the filing of the Engineer's Report on the cost of construction and to set the public hearing on the assessments. (Director of Engineering) Staff recommendation: Council adopt the resolution. 7.A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING FINAL MAP OF CHULA VISTA TRACT NO. 99-05, PARK VIEW ESTATES, ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA PUBLIC STREETS AND EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, AND APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION, AND AUTHORIZING THE MAYOR TO EXECUTE SAiD AGREEMENT B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 99-05, PARK VIEW ESTATES, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT On January 14, 2003, the Council approved the tentative subdivision map for Chula Vista Tract 99-05, Park View Estates. The proposed resolutions approve the final map, subdivision improvement agreement, and supplemental subdivision improvement agreement. (Director of Engineering) Staffrecommendation: Council adopt the resolution. Page 3 - Council Agenda 07/15/03 8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA COUNCIL WAIVING THE FORMAL BIDDING PROCESS AND APPROVING A TWO-PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND RECON FOR CONSULTING SERVICES TO PREPARE AN ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE CITY'S GENERAL PLAN UPDATE, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Adoption of the resolution waives the formal bidding process and approves a two-party agreement with RECON for consulting services to prepare an environmental impact report for the City's G~neral Plan update in an amount not to exceed $317,887, including a 15-percent contingency. (Director of Planning and Building) Staff recommendation: Council adopt the resolution. 9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING DOWNTOWN PROPERTY AND BUSINESS IMPROVEMENT DISTRICT ANNUAL COST OF LiVING ASSESSMENT ADJUSTMENT The Downtown Property and Business Improvement District (PBID) may authorize annual cost-of-living increases of up to five percent based on the San Diego regional consumer price index, pursuant to the adopted management plan. For the 2003-2004 tax year, the PBID Board of Directors has recommended an assessment increase of 4.0 percent, which matches the regional consumer price index increase. (Director of Community Development) Staffrecommendation: Council adopt the resolution. 10. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMENDED AND RESTATED SECOND AFFORDABLE HOUSING AGREEMENT RELATED TO ROLLING HILLS RANCH BETWEEN THE CITY AND MCMILL1N ROLLING HILLS RANCH, LLC AND AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT The City and Pacific Bay Properties executed a project-specific, affordable housing agreement in June 2001 to implement Pacific Bay's obligation to provide affordable housing within Rolling Hills Ranch. This agreement, known as the second affordable housing agreement, pertained to a 168-unit apartment complex, of which 32 units would be designated as affordable to low-income households. Since that time, McMillin Rolling Hills Ranch, LLC has acquired the property. The developer is requesting to amend and restate the second agreement to provide McMillin and the City with the flexibility of developing the site with a for-sale condominium or rental development and adjusting the timing requirements for the provision of these units. The developer is also requesting the release from the obligation of those properties within the project not identified for the provision of low-income housing. (Director of Community Development) Staff recommendation: Council adopt the resolution. Page 4 - Council Agenda 07/15/03 ORAL COMMUNICATIONS Persons speaking during Oral Communications may address the Council on any subject matter within the Council's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council from taking action on any issue not included on the agenda, but, if appropriate, the Council may schedule the topic for future discussion or refer the matter to staff. Comments are limited to three minutes. PUBLIC HEARINGS The following items have been advertised as public hearings as required by law. If you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 11. CONSIDERATION OF PROPOSED ASSESSMENT OF CERTAIN DELINQUENT SEWER SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE OWNER-OCCUPIED PARCELS OF LAND AND APPROVING PLACEMENT OF THE DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION In order to adequately protect the City's interest in delinquent sewer service charges and insure that collection efforts are directed towards the responsible property owner in the event of a change in ownership, it is recommended that liens against affected properties be approved as a preliminary action to replacing the delinquencies on the property tax rolls if they remain unpaid. Adoption of the resolution enhances the collection process for delinquent sewer service charges by ensuring that the correct property owners are charged and that payment be received on a timelier basis. This is the identical process approved by the Council since August 1998. (Director of Finance) Staff recommendati6n: Council take testimony and continue the hearing to the meeting of July 22, 2003. 12. CONSIDERATION OF PROPOSED ASSESSMENT OF CERTAIN DELINQUENT SOLID WASTE SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE OWNER-OCCUPIED PARCELS OF LAND AND APPROVING PLACEMENT OF THE DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL In order to adequately protect the City's interest in delinquent solid waste service charges and ensure that collection efforts are directed towards the responsible property owner in the event of a change in ownership, it is recommended that liens against affected properties be approved as a preliminary action to replacing the delinquencies on the property tax rolls if they remain unpaid. Adoption of the resolution enhances the collection process for delinquent sewer service charges by reducing the amount of uncollectible losses and ensures that payment will be received on a timelier basis. This is the identical process approved by the Council on a quarterly basis since mid-2001. (Director of Finance) Staff recommendation: Council take testimony and continue the heating to the meeing of July 22, 2003. Page 5 - CouncilAgenda 07/15/03 13. CONSIDERATION OF APPROVAL OF PRECISE PLAN PCM-03-33, ESTABLISHING DEVELOPMENT STANDARDS IN ORDER TO CONSTRUCT FOUR DETACHED CONDOMINIUMS ON ONE LOT AT 216, 218, 220 DAV1DSON STREET AND 261 TWIN OAKS IN THE R-3 APARTMENT RESIDENTIAL, PRECISE PLAN (R3-P22) ZONE The applicant, Harold D. West, is requesting a Precise Plan (PCM-03-33), in order to establish development standards to construct four detached condominiums on one lot. Each unit would have a two-car garage and be constructed to match the historic Victorian structure to the east of the site. (Director of Planning and Building) Staff recommendation: Council conduct the public hearing and place the following ordinance on first reading: ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING DEVELOPMENT STANDARDS FOR PRECISE PLAN PCM-03-33, KNOWN AS 216, 218, 220 DAVIDSON, AND 261 TWIN OAKS AVENUE, CONSISTING OF FOUR DETACHED CONDOMINIUMS, EACH WITH A TWO-CAR GARAGE ON AN EXISTING 9,632 SQUARE-FOOT LOT BOARD AND COMMISSION RECOMMENDATIONS 14. CONSIDERATION OF RECOMMENDATION FROM THE PARKS AND RECREATION COMMISSION TO UPDATE THE ROHR PARK MASTER PLAN AND INCLUDE THE ENTIRE ROHR RECREATION AREA 1N THE PLAN The Parks and Recreation Commission believes that the Master Plan for Rohr Park should be updated and that thc update should include the entire Rohr "recreation area," including both thc City-owned and County-owned portion of Rohr Park, thc Chula Vista Golf Course, and thc yet-to-be-developed land adjacent to thc golf course (a three-acre parcel west of the South Bay Banquet Center, and the two parcels along Bonita Road/Sweetwater/Central Avenue. Staff recommendation: Council accept the report and direct staff to bring back a report with recommendations and cost estimates for the Council's consideration. ACTION ITEMS The items listed in this section of the agenda will be considered individually by the Council, and are expected to elicit discussion and deliberation. If you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. Page 6 - CouncilAgenda 07/15/03 15. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA EXPEDITING THE PROCESSING OF OTAY RANCH GENERAL DEVELOPMENT PLAN VILLAGE 7 SECTIONAL PLANNING AREA ENTITLEMENTS, IN SUPPORT OF THE ACQUISITION AND DEVELOPMENT OF HIGH SCHOOL #13 BY THE SWEETWATER UNION HIGH SCHOOL DISTRICT, WAIVING THE FORMAL BID REQUIREMENTS FOR THE ASSOCIATED ENVIRONMENTAL CONSULTING SERVICES AND EXTENSION-OF-STAFF PROFESSIONAL PLANNING SERVICES, AND AUTHORIZING THE PURCHASING AGENT TO ISSUE A PURCHASE ORDER TO ENGAGE SAID SERVICES BEFORE STAFF RETURNS TO COUNCIL TO FORMALIZE THE AGREEMENT EXCEEDING $50,000 (4/5THS VOTE REQUIRED) This item provides background and seeks Council concurrence on processing measures ngcessary to expedite entitlements allowing for the timely construction of High School #13 by the Sweetwater Union High School District within Otay Ranch. (Director of Planning and Building) Staff recommendation: Council adopt the resolution. 16. CONSIDERATION OF APPROVAL OF AN AGREEMENT WITH THE CHULA VISTA CHAMBER OF COMMERCE TO PROVIDE FINANCIAL ASSISTANCE FOR THE CELEBRATE CHULA VISTA EVENT The City is co-sponsoring the Celebrate Chula Vista event with the Chula Vista Chamber of Commeme and the Port of San Diego. This year, the event will have a new format and will be held on September 13. (Deputy City Manager Palmer) Staff recommendation: Council adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH THE CHULA VISTA CHAMBER OF COMMERCE FOR $73,500 IN FINANCIAL ASSISTANCE FOR CELEBRATE CHULA VISTA AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT 17. CHULA VISTA RECREATION STRATEGIC PLAN FOR FISCAL YEAR 2003/04 - FISCAL YEAR 2007/2008 In October 2002, the Recreation Department undertook the developmeni of a long-range strategic plan. The plan, which is now completed, provides a blueprint for services to be provided by the department over the next five fiscal years. (Director of Recreation) Staff recommendation: Council accept the report. ITEMS PULLED FROM THE CONSENT CALENDAR Page 7 - Council Agenda 07/15/03 OTHER BUSINESS 18. CITY MANAGER'S REPORTS 19. MAYOR'S REPORTS · Ratification of appointment of a Council task force, consisting of Deputy Mayor Rindone and Councilmember Salas, to work on the reconfiguration of the University Task Force. 20. COUNCIL COMMENTS CLOSED SESSION Announcements of actions taken in Closed Session shall be made available by noon on Wednesday following the Council Meeting at the City Clerk's office in accordance with the Ralph M. Brown Act (Government Code $4957. 7). 21. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: San Diego Gas & Electric - Gas and Electricity Franchise (pertaining to public rights-of-way throughout the City of Chula Vista City negotiators: David Rowlands, Jr., Sid Morris, Michael Meacham, Glen Googins Negotiating Parties: City of Chula Vista and San Diego Gas & Electric (various representatives) Under Negotiation: Price and terms of franchise conveyance 22. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c) · One case 23. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) · One case 24. CONFERENCE WITH LEGAL COUNSEL REGARDING EXIST1NG LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) · City of Chula Vista v. Barnhart ADJOURNMENT to the Regular Meeting of July 22, 2003, at 6:00 p.m. in the Council Chambers. Page 8 - Council Agenda 07/15/03 ORDINANCE NO._ .~o0~ ORDINANCE OF THE CITY COUNCIL OF THE CItY OF CHULA VISTA, CALIFORNIA, AMENDING ORDINANCE NO. 2896 AND AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 08-I (OTAY RANCH VILLAGE SIX) PURSUANT TO A REVISED RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA (the "City Council"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors authorizing the levy of separate special taxes in separate improvement areas of a community facilities district, all as authorized pursuant to the terms and provisions of the *~Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1. Division 2, Title $ of the Government Code of the State of California (the "Act") and the City of Chula Vista Community Facilities District Ordinance enacted pursuant to the powers reserved by the City of Chula Vista under Sections 3, 5 and 7 of Article XI of the Constitution of the State of California (the "Ordinance") (the Act and the Ordinance may be referred to collectively as the "Community Facilities District Law"). This Community Facilities District is designated as COMMUNITY FACILITIES DISTRICT NO. 08-I (OTAY RANCH VILLAGE SIX) (the ',District"); and WHEREAS, the City Council, acting as the legislative body of the District, previously enacted Ordinance No. 2896 to authorize the levy of special taxes within the District pursuant to the rate and method of apportionment thereof approved by the qualified electors of the District; and WHEREAS, the City Council, has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors of the District authorizing the levy of special taxes therein pursuant to a revised rate and method of apportionment thereof. The City Council of the City of Chula Vista, California, acting as the legislative body of Community Facilities District No. 08-I (Otay Ranch Village Six), does hereby ordain as follows: SECTION 1. This City Council does, by the passage of this ordinance, authorize the levy of special taxes on taxable properties located in the District pursuant to the Revised Rate and Method of Apportionment of Special Taxes as set forth in Exhibit "A" attached hereto and incorporated herein by this reference (the "Revised Rate and Method"). SECTION 2. This City Council, acting as the legislative body of the District, is hereby further authorized, by Resolution, to annually determine the special tax to be levied within the District for the then current tax year or future tax years; provided, however, the special tax to be levied in the District shall not exceed the maximum special tax authorized to be levied pursuant to the Revised Rate and Method. SECTION 3. The special taxes herein authorized to be levied within The District, to the extent possible, shall be collected in'the same manner as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes; provided, however, the District may utilize a direct billing procedure for any special taxes that cannot be collected on the County tax roll or may, by resolution, elect to collect the special taxes at a different time or in a different manner if necessary to meet its financial obligations. SECTION 4. The special iaxes authorized to be levied in The District shall be secured by the lien imposed pursuant to Sections 3114.5 and 3115.5 of the Streets and Highways Code of the State of California, which lien shall be a continuing lien and shall secure each levy of the special tax. The lien of the special tax shall continue in force and effect until the special tax obligation is prepaid, permanently satisfied and canceled in accordance with Section 53344 of the Government Code of the State of California or until the special tax ceases to be levied by the City Council in the manner provided in Section 53330.5 of said Government Code. SECTION 5. This Ordinance shall, upon becoming effective, amend and supercede any and ali provisions of Ordinance No. 2896 pertaining to the authorization to levy special taxes within the District. SECTION 6. This Ordinance shall be effective thirty (30) days after its adoption. Within fifteen (15) days after its adoption, the City Clerk shall cause this Ordinance to be published in a newspaper of general circulation in the City pursuant to ~he provisions of Government Code Section 36933. Introduced at a regular meeting of the City Council ot: the City of Chula Vista, California, on ., 2003; PREPARED BY: APPROVED AS TO FORM BY: Director of Engineering ,l:Attonlcy\Reso\Ord\CFD 08-17 08 03 ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA PROHIBITING THE SLEEPING OR CAMPING OVERNIGHT OF VEHICLES WITHIN THE GROUNDS OF ANY DOWNTOWN MUNICIPAL PARKING LOT; AND AMENDING SECTION 10.62.010 OF THE MUNICIPAL CODE PERTAINING TO PARKING VIOLATIONS TO ESTABLISH A PENALTY TO CITE FUTURE VIOLATORS WHEREAS, the Town Centre I Redevelopment Area was adopted in 1976 as a unique area in Chula Vista that requires special attention and consideration in order to eliminate and reverse physical and economic deteriorating conditions, and to provide and maintain the necessary infrastructure to revitalize the area; and WHEREAS, part of the overall revitalization effort was the establishment of public parking lots, which provides convenient parking for individuals or families that visit the downtown area for entertainment purposes or to shop, dine, or conduct business; and WHEREAS, there has been an increased concern by area stakeholders and residents regarding individuals parking their vehicles in downtown parking lots to sleep or camp overnight; and WHEREAS, the Town Centre Project Area Committee (PAC) directed staff to initiate the process of installing No Overnight Parking signs within all the downtown municipal parking lots; and WHEREAS, the city's Municipal Code is silent in regards to prohibiting overnight parking in downtown parking lots, and has therefore established an ordinance to set up a formal process for citing future violators; and WHEREAS, the downtown public parking Io'~s affected under the ordinance are listed in Section 10.52.480 of the city's Municipal Code, which pertains to Municipal Parking Lots; and WHEREAS, on May 21, 2003, the Town Centre PAC in their role as the Parking Place Commission unanimously voted in favor of the ordinance prohibiting individuals from sleeping or camping overnight in vehicles within the grounds of any downtown municipal parking lot; and WHEREAS, the Downtown Business Association (DBA) supports the ordinance, and the installation of No Overnight Camping signs within all the downtown parking lots; and WHEREAS, the Planning and Environmental Manager has determined that the project is exempt from the California Environmental Quality Act pursuant to Section 1 15321 of the California Cede. of Regulations, which refers to Class 21 Enforcement Actions by Regulatory Agencies; and NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain: SECTION I. That Section 10.52.485 is hereby added to Chapter 10.52 of the Chula Vista Municipal Code to read as follows: 10.52.485 Municipal Parking Lots - Sleeping or Camping Prohibited A. No person shall sleep or camp in a vehicle on the grounds of any city-owned, leased, or operated parking lot listed in CVMC 10.52.480. Signs expressing this parking restriction and the city's right to remove or impound an offending vehicle shall be posted at each entrance of a parking lot by the city engineer. B. For purposes of this section, "to camp" shall be defined as establishing or maintaining a temporary, including overnight, place for sleeping, which includes, but is not limited to, the use, or storage for use, of sleeping bags, bedding materials, blankets, sheets, or other non-clothing items utilized or available for use to maintain warmth and comfort for sleep in a vehicle. C. Vehicles in violation of this section may be removed and impounded as authorized by CVMC 10.80.120 and California Vehicle Code Section 22651. SECTION I1. That Section 10.62.010 of the Chula Vista Municipal Code is amended to read: 10.62.010 Parking Violations. A. Enforcement. Every police officer and every city employee, and every volunteer (designated by the chief of police) charged with enforcement of the provisions of Chapters 10.52, 10.56 and 10.60 CVMC relating to illegal parking and time limitations in parking meter zones, the provisions of the California Vehicle Code, and the other laws of the state applicable to parking violations within the city, shall have the duty, when any vehicle is illegally parked, to issue written notice of violation thereof stating the state vehicle license number, make of such vehicle, the time and date of such illegal parking, meter number, street location, and a 2 reference to the appropriate section of the code and the amount of the penalty for the violation. Such notice shall be attached to said vehicle in a conspicuous place upon the vehicle so as to be easily observed by the person in charge of such vehicle upon his return thereto. B. Civil and Late Payment Penalties and Fees. For the purpose of regulating the use of streets: Base penalty amounts for the following Chula Vista Municipal Code violations shall be $12.00 if paid within 30 days of the notice of violation: CVMC 10.56.100; 10.56.110; 10.56.120; 10.56.130; 10.56.140. 2. Base penalty amounts for the following Chula Vista Municipal Code violations shall be $50.00 if paid within 30 days of the notice of violation: CVMC 10.52.485. 2_3. Base penalty amounts for the following Chula Vista Municipal Code violations and California Vehicle Code violations shall be $25.00 if paid within 30 days of the notice of violation: CVMC 10.52.100; 10.52.110; 10.52.120; 10.52.130; 10.52.200; 10.52.210; 10.52.240; 10.52.330; 10.52~390; 10.52.420; 10.52.430; 10.52.480; 10.56.310. California Vehicle Code Sections 2113(a);22515; 22520. 3~_. Base penalty amounts for the following Chula Vista Municipal Code violations and California Vehicle Code violations shall be $35.00 if paid within 30 days of the notice of violation: CVMC 10.52.040; 10.52.060; 10.52.070 (1) - (14); 10.52.090; 10.52.150; 10.52.160; 10.52.180; 10.52.190; 10.52.230; 10.52.270; 10.52.290; 10.52.310; 10.52.360; 10.52.450; 10.60.030; 10.60.050; 10.60.060; 10.60.080; 10.60.090; 10.60.100. California Vehicle Code Sections 21211; 22500(a) - (h); 22500(j), (k); 22500.1; 22514; 22516; 22517. 4_5. Base penalty amounts for the following California Vehicle Code violations shall be $25.00. The base penalty will be reduced to $10.00 upon submission of proof of correction within the time frames specified in the Vehicle Code of the state of California: California Vehicle Code Sections 5200; 5201; 5204(a). 86. The base penalties for the following California Vehicle Code violations shall be as set forth below: California Vehicle Code Sections 4462(b) - $100.00; 22500(i) - $250.00; 22500(1) - $275.00; 22507.8 - $330.00; 22522 - $275.00; 22523 - $100.00; 22526 - $50.00. 67. The base penalties for Chula Vista Municipal Code and California Vehicle Code violations not listed above shall be $35.00 if paid within 30 days of the notice of violation, unless the penalty amount is set by the Vehicle Code of the state of California. ~-8. The owner or operator may mail such payments to the city's director of finance within the time established herein, but shall be responsible for delivery thereof to the office of the director of finance. 89. Late Payment Penalties. All base penalties under $250.00 listed in subsections (B)(2) though (6) of this section shall double if not paid within 30 days of the notice of violation, unless specifically restricted by the Vehicle Code of the state of California. The penalty for violations listed in subsection (B)(1) of this section shall be $35.00 if the penalty is not paid within 30 days of the notice of violation. 4 C. Failure to Pay. Failure to pay the appropriate penalty as provided herein or failure to contest the violation pursuant to Sections 40200.7 and 40215 of the Vehicle Code of the state of California will result in either notification of the Department of Motor Vehicles, which agency shall collect the maximum penalties and fee(s) established hereby at such time as the owner or operator seeks to register his vehicle in accordance with the provisions of Section 4760 of the Vehicle Code of the state of California, or if applicable, in legal proceedings being instituted in court against the person responsible for the unpaid penalties and fees in accordance with the provisions of Section 40220 of the Vehicle Code of the state of California. For those citations that remain unpaid beyond 30 days and for which a hold is placed on the registration by the Department of Motor Vehicles, an additional $10.00 fee shall be assessed. SECTION III. This Ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Submitted by: Approved as to form by: Laurie Madigan Ann Moore Community Development Director City Attorney ORDINANCE NO. ~GO~ ~\~ ~ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE EASTLAKE II PLANNED COMMUNITY DISTRICT REGULATIONS AND LAND USE DISTRICTS MAP. I. RECITALS A Project Site WHEREAS the area of land, which is the subject of this Ordinance is diagrammatically represented in "Exhibit A" and incorporated herein by this reference and for the purpose of general description herein consists of 9.3 acres known as Village Center East, and located at the northeast comer of Olympic Parkway and EastLake Parkway within the EastLake Planned Community ("Project Site"); and, B. Project; Application for Discretionary Approvals WHEREAS a duly verified application was filed with the City of Chula Vista Planning and Building Department on February 14, 2003 by the EastLake Company requesting amendments to the EastLake I1 Planned Community District Regulations; and, WHEREAS, the VC-4 land use district is being created as a "Project Specific Land Use District" to allow specific types of land uses only in conjunction with the construction of the approximate 100,000 square foot Kohl's department store; and, WHEREAS, the new VC-4 land use district permitted and conditional uses include department stores, hobby shops, apparel stores, arcades and miscellaneous retail shops; and, WHEREAS, the provisions of this "Project Specific Land Use District" will be in effect until July 15, 2006 unless the following two requirements are met: 1) commence construction of the Kohl's department store no later than July 15, 2005. For purposes ofthis land use designation, "commence construction" shall mean the date of commencement of July 15, 2005, as set forth in a legally binding contract for the construction of the Kohl's building and related site improvements which has been entered into by Kohl's Department Stores; and 2) Kohl's department store is open for business no later than July 15, 2006; and, WHEREAS, in the event Kohl's has no;t commenced construction by July 15, 2005, the VC-4 "Project Specific Land Use" designation will revert back to VC-2 land use district; and, WHEREAS, in the event that the Kohl's department store is not open for business by July l 5, 2006, the VC-4 "Project Specific Land Use" designation will revert back to the VC-2 land use district. Ordinance No. Page 2 C. Prior Discretionary Approvals WHEREAS, development of the Project Site has been the subject matter o f various entitlements and agreements, including: 1) amended Eastlake II General Development Plan (GDP) approved by City Council Resolution No. 2003-140 on April 8, 2003; 2) Eastlake I Village Center North Supplemental SPA approved by City Council Resolution No. 2002-264 on July 23, 2002and 3) Eastlake II Planned Community District Regulations approved by City Council Ordinance No. 2905 on April 15, 2003; and, D. Planning Commission Record of Application WHEREAS, the Planning Commission held an advertised public hearing on the Project on June 25, 2003 and voted 5-0-0-2 to forward a recommendation to the City Council on the Project; and, WHEREAS, the proceedings and all evidence introduce before the Planning Commission at the public hearing on this project held on June 25, 2003 and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding; and, E. City Council Record of Application WHEREAS, a duly called and noticed public hearing was held before the City Council of the City of Chula Vista on July 8, 2003 on the Project discretionary approval applications, and to receive the recommendation of the Planning Commission and to hear public testimony with regard to same; and, WHEREAS, the City Clerk set the time and place for the hearing on the Project application and notices of said hearings, together with its purposes given by its publication in a newspaper of general circulation in the city, and its mailing to property owners within 500 ft. of the exterior boundaries of the Project Sites at least ten days prior to the hearing; and, F. Discretionary Approvals Resolution and Ordinance WHEREAS, at the same City Council hearing at which this Ordinance was introduced for first reading on July 8, 2003, the City Council of the City of Chula Vista approved Resolution __by which it adopted the amendments on the City of Chula Vista General Plan, EastLake I1 General Development Plan and EastLake I Village Center North Supplemental Sectional Planning Area (SPA) Plan. NOW THEREFORE, the City of Chula Vista does hereby find, determine and ordain as follows: Ordinance No. Page 3 II. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at its public hearing on the Project held on June 25, 2003, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. III. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council does hereby find that the adopted Negative Declaration (IS-03-28) and its attendant addendum have been prepared in accordance with requirements of the California Environmental Quality Act (CEQA), the State CEQA Guidelines and the Environmental Review Procedures of the City of Chula Vista, and has reviewed and considered the previously adopted Negative Declaration IS-03-28 and its attendant addendum. IV. INDEPENDENT JUDGMENT OF CITY COUNCIL The City Council exercised its independent review and judgment and concurred with the Environmental Review Coordinator's determination that the proposed would not have a significant effect on the environment in light of the whole record before the City of Chula Vista, and the adopted Negative Declaration (IS-03-28) and its attendant addendum in the form presented has been prepared in accordance with requirements of the California Environmental Quality Act (CEQA), the State Guidelines, and the Environmental Review Procedures of the City of Chula Vista and has reviewed and considered same. V. FINDINGS FOR P-C PLANNED COMMUNITY ZONE AMENDMENTS The City Council hereby finds that the proposed amendments to the EastLake II Planned Community District Regulations are consistent with the City of Chula Vista General Plan, as concurrently amended, and public necessity, convenience, the general welfare and good zoning practice support the amendment. VI. APPROVAL OF ZONE AMENDMENTS The City Council does hereby approve the amendments to the EastLake II Planned Community District Regulations, Land Use Districts Map as represented in Exhibit B. VII. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Ordinance is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that any one or more terms, provisions or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenfomable, this resolution shall be deemed to be automatically revoked and of no further fome and effect ab initio. Ordinance No. Page 4 VIII. EFFECTIVE DATE This ordinance shall take effect and be in fi~ll force on the thirtieth day from and after its adoption. Presented by Approved as to form by Robert Leiter An~ ~/IZI~o~re Director of Planning and Building City Attorney COUNCIL AGENDA STATEMENT Item Meeting Date 07/15/03 ITEM TITLE: Resolution Ordering the Summary Vacation of a portion of an easement called out as "2' Wall Maintenance and Access Easement "of Map No. 14493 SUBMITTED BY: Director of Engineering ~ REVIEVqED BY: City Manager ~)~ (4/Sths Vote: Yes No X ) McMillin Otay Ranch, LLC, owner of the property located in McMillin Otay Ranch Village 6, R-3', has requested the vacation of a Wall Maintenance and Access Easement located along the rear of Lots 1 through 29. In accordance with Section 7050 of the California Government Code and Chapter 4, Section 8330 et. seq. of the California Streets and Highways Code, this type of vacation may be performed summarily through adoption of a resolution ordering said vacation. RECOMMENDATION: That Council adopt a Resolution Ordering the Summary Vacation of portion of an easement called out as "2' Wall Maintenance and Access Easement" of Map No. 14493. BOARDS/COMMISSIONS RECOMMENDATION: None. DISCUSSION: Map No. 14493, Chula Vista Tract No. 02-03 McMillin Otay Ranch Village 6 R-3, was recorded November 19, 2002 and included a dedication to the City of Chula Vista, ora 2' Wall Maintenance and Access Easement. The City of Chula Vista accepted the dedication on said Map. The purpose of the easement was to maintain a perimeter wall encompassing the McMillin Otay Ranch Village 6, R-3 subdivision. A 2-foot wall easement, dedicated to the City of Chula Vista on Map No. 14615, extends an wall easement around the Otay Ranch Company's Village Six property. The portion of the 2' Wall Maintenance and Access Easement along lots 1 through 29 is no longer needed and will therefore be maintained by a homeowners association. Chapter 4, Section 8333 of the California Streets and Highways Code allows a public service easement to be summarily vacated provided that the easement was relocated and that there are no public utilities within said easement. The portion of the 2 foot Wall and Maintenance Easement was replaced with the wall easement granted on Map No. 14615 and there are no public utilities in said easement. Therefore the portion of the 2 foot Wall and Maintenance Easement, along lots 1 through 29, may be summarily vacated. Page 2, ~ Meeting Date 7/15/03 FISCAL IMPACT: The costs related to the processing of this request for vacation are being paid for by a deposit of monies by McMillin Otay Ranch, LLC under the City's Full Cost Recovery System. J:\Engineer~AGENDA\OR412f Vacation of Wall Easements2.doc RESOLUTION NO. 2003- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE SUMMARY VACATION OF A PORTION OF AN EASEMENT CALLED OUT AS "2' WALL MAINTENANCE AND ACCESS EASEMENT" OF MAP NO. 14493 WHEREAS, a request has been received from McMillin Otay Ranch, LLC, owner of the property located in McMillin Otay Ranch Village 6, R-3, to vacate a Wall Maintenance and Access Easement located along the rear of Lots 1 through 29; and WHEREAS, the purpose of the easement was to maintain a perimeter wall encompassing the McMillin Otay Ranch Village 6, R-3 subdivision; and WHEREAS, a 2-foot wall easement dedicated to the City of Chula Vista on Map No. 14615 extends a wall easement around the Otay Ranch Company's Village 6 property; and WHEREAS, the portion of the 2-foot Wall Maintenance and Access Easement along Lots l through 29 is no longer needed and will therefore be maintained by a homeowners association; and WHEREAS, in accordance with Chapter 4, Section 8330, et. seq. of the California Streets and Highways Code, this type of public service easement to be summarily vacated provided that the easement is relocated and that there are no public utilities within said easement; and WHEREAS, the portion of the 2-foot Wall and Maintenance Easement was replaced with the wall easement granted on Map No. 14615 and there are no public utilities in said easement. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby summarily vacate a portion of the easement called out as "2' Wall Maintenance and Access Easement" of Map No. 14493 located along the rear of Lots 1 through 29 in McMillin Otay Ranch Village 6, R-3, as shown on Exhibit "A", attached hereto and incorporated herein as if set forth in full. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to record this Resolution of Summary Vacation in the office of the San Diego County Recorder and that from and after the date of such recordation, this vacated easement shall no longer constitute an easement. Presented by Approved as to form by Clifford Swanson//]4 Director of Engineering City Attorney J:~AttomeyLReso\Easement\vaction sum wall-access easement 07/01/2003 TUE 8:28 FAX 619 291 4165 RICK ENGINEERING COMPANY ~002/005 02/01/2003 TUE 8:28 FAX 619 291 4165 RICK ENGINEERING COMPANY [~003/005 07,/01/2803 TL~ 8:29 FAX 619 291 4165 RICK ENGINEERING COMPANY ~004/005 0~./01/::003 T[JE 8:29 FAX 619 291 41§5 RICK ENGINEERING CO~IPANY [~005/005 · ~ ~ ~ :. COUNCIL AGENDA STATEMENT Item :~ Meeting Date 07/15/03 ITEM TITLE: Resolution Vacating an Irrevocable Offer of Dedication of Fee Interest for Park Purposes to the City of Chula Vista over Lot 5 of Map No.13649, Chula Vista Tract No. 98-04, McMillin Otay Ranch SPA One, Phase 2. SUBMITTED BY: Director of Engineering REVIEWED BY: City Manager~O~0e/ (4/5ths Vote: Yes_No~ McMillin Otay Ranch LLC, wishes to process a summary vacation for thc existing Irrevocable Offer of Dedication of Fee Interest for Park Purposes to the City of Chula Vista to be consistent with a Lot Linc Adjustment Parcel Map that is being processed by thc City. In accordance with Section 7050 of thc California Government Code and Chapter 4, Section 8300 et. seq. of the California Streets and Highways Code, this type of vacation may be performed summarily through adoption of a resolution. RECOMMENDATION: That Council adopt a Resolution Vacating an Irrevocable Offer of Dedication of Fee Interest to the City of Chula Vista over Lot 5 of Map No. 13649, of Chula Vista Tract No. 98-04, McMillin Otay Ranch SPA One, Phase 2 and directing the City Clerk to record the Resolution. BOARDS/COMMISSIONS RECOMMENDATION: None. DISCUSSION: Map No. 13649, Chula Vista Tract No 98-04, McMillin Otay Ranch SPA One, Phase 2, was recorded on October 15, 1998 and included a dedication of Lot 5 for Public Park Purposes which was acknowledged on behalf of the City of Chula Vista for Park Purposes as shown on said Map, noting that section 7050 of the Government Code of the State of California provided that an Offer of Dedication shall remain open and subject to future acceptance by the City. The offer has not been accepted by the City to date. Page 2, Item Meeting Date 7/15/03 Due to certain conditions during construction of the multi family site the lot line between Lots 4 and 5 of Map No. 13649 has to be adjusted. Rick Engineering on behalf of their client McMillin Otay Ranch, LLC submitted a Lot Line Adjustment Parcel Map for the boundary between Lot 4 and Lot 5 of Map No. 13649. McMillin Otay Ranch, LLC currently owns Lot 5, Which has been dedicated for a public park and Eagle Lomas Verdes owns Lot 4, which is designated multifamily residential. The lot line adjustment, now in process, would move the southerly property line of Lot 4 to the south a maximum distance of 3.64 feet adding 0.032 acres to Lot 4 (see Exhibit "A"). This creates a reduction in lot size of 0.032 acres, which represents a park deficit of 0.032 acres on McMillin's total park obligation for Otay Ranch SPA One. In lieu of the parkland dedication of 0.032 acres staff negotiated with McMillin to have the Developer cover the cost of processing the park's lot line adjustment to enable the City to accept the irrevocable offer of dedication (IOD) for an unencumbered park site. The expenditure qualifies as park improvement, under the terms of chapter 17.10 of the City of Chula Vista municipal code, since without it the City cannot accept the IOD nor open the park. This course of action better serves the residents of SPA One than attempting to locate the ! 394 square feet, 0.032 acres of suitable parkland. The net useable area of Santa Cora Park is not impacted by this decision. In order for the Engineering Department to approve this Lot Line Adjustment Parcel Map, the Irrevocable offer of Dedication (IOD) for Park Purposes dedicated on Map 13649 over lot 5 needs to be vacated. A new IOD for Public Park Purposes will be dedicated on the Lot Line Adjustment Parcel Map and will be consistent with the new boundary. Staff recommends that the Clerk be directed to record the vacation after the approval and recordation of the Lot Line Adjustment parcel map. This vacation will be contingent on the recordation of the Lot Line Adjustment Parcel Map and if for some reason the Lot Line Adjustment Parcel Map does not record, then the vacation of the IOD will not record as well. This will ensure that the City will have an IOD for Public Park Purposes over the park site until accepted by the City. FISCAL IMPACT: The costs related to the processing of this request for vacation are being paid for by a deposit of monies by McMillin Otay Ranch, LLC under the City's Full Cost Recovery System. CGB J:\ENGINEER~AGENDA\EP279 A113 VACATION OF PARK IOD.DOC RESOLUTION NO. 2003- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA VACATING AN IRREVOCABLE OFFER OF DEDICATION OF FEE INTEREST FOR PARK PURPOSES TO THE CITY OF CHULA VISTA OVER LOT 5 OF MAP NO. 13649, CHULA VISTA TRACT NO. 98-04, MCMILLIN OTAY RANCH SPA ONE, PHASE 2 WHEREAS, a request has been received from McMillin Otay Ranch, LLC, to process a summary vacation for the existing Irrevocable Offer of Dedication of Fee Interest for park purposes to the City consistent with a Lot Line Adjustment Pamel Map being processed by the City; and WHEREAS, Map No. 13649, Chula Tract No. 98-04, McMillin Otay Ranch SPA One, Phase 2, was recorded on October 15, 1988 and included a dedication of Lot 5 for public park purposes; and WHEREAS, section 7050 of the Government Code of the State of California provides that an Offer of Dedication remain open and subject to future acceptance by the City; and WHEREAS, said Offer of Dedication has not been accepted by the City; and WHEREAS, to approve the Lot Line Adjustment Parcel Map, the Irrevocable Offer of Dedication (IOD) for park purposes dedicated on Map 13649 over Lot 5 needs to be vacated pursuant to California Streets and Highways Code 8330 et seq.; and WHEREAS, a new IOD for Public Park Purposes will be dedicated on the Lot Line Adjustment Parcel Map and will be consistent with the new boundary; and WHEREAS, construction of the multi-family site requires that the lot line between Lots 4 and 5 of Map No. 13649 has to be adjusted; and WHEREAS, the lot line adjustment now in process would move the southerly property line of Lot 4 to the south a maximum distance of 3.64 feet adding 0.032 acres to Lot 4; and WHEREAS, staffrecommends that this vacation be contingent upon recordation by the Clerk of the Lot Line Adjustment Parcel Map; and WHEREAS, should this vacation not be recorded, then vacation of the IOD not be recorded as well; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby summarily vacate the Irrevocable Offer of Dedication of Fee Interest for park purposes to the City of Chula Vista over Lot 5 of Map No. 13649, CVT No. 98-04, McMillin Otay Ranch SPA One, Phase 2, as shown on Exhibit "A", attached hereto and incorporated herein as if set forth in full. BE iT FURTHER RESOLVED that the City Clerk is hereby directed to record this Resolution of Summary Vacation in the office of the San Diego County Recorder subsequent to recordation of the Lot Line Adjustment Parcel Map and that from and after such date of recordation this vacated Offer of Dedication no longer constitutes an offer subject to acceptance by the City of Chula Vista. Presented by Approved as to form by Director of Engineering City Attorney J:hAttorneyLReso~Park\vacation sum-fee interest EXHIBIT "A" PARC£L 7.503 ACRES ~ -'-~' 0.73' PAR/~ ~ ~ 5.~50 ACRES ~- '~ (ORIGINALLY 5.~$~ ACRES) N-~T LOSS = 0.0.~2 ACRES OLD LOT UNE ,~ ~ANTA ~0~ PARK LOT L/N~ ADJU~NT ~ ~ ~,oo so o ,oo ~oo ~oo COUNCIL AGENDA STATEMENT / Item ~:~ Meeting Date 7/15/03 1TEM TITLE: Resolution Accepting filing of Engineer's Report by the City Engineer on the cost of construction and setting August 19, 2003 at 6:00 p.m. as the date and time of a public hearing on Assessment District 2001-3 (D Street) Resolution Approving the deferral of assessments and establishing the rate of interest and financing period applied to deferrals for Assessment District 2001-3 SUBMITTED BY: Director of Engineering~ REVIEWED BY: City Manage ~ i>~ (4/Sths Vote: Yes No X ) On June 18, 2002, pursuant to Chapter 27 of the Improvement Act of 1911 (the "Block Act") and Article XIIID of the Constitution of the State of California ("Article XIIID'), Council adopted Resolution No. 2002-208 awarding a contract in the amount of$15,870 to Portillo Construction for the construction of sidewalk improvements on D Street between Third Avenue and Landis Avenue. The work is now complete and improvements have been accepted by the City Manager. A resolution must now be approved to accept filing of the Engineer's Report on the cost of construction and to set the public hearing on the assessments. RECOMMENDATION: That Council adopt resolutions: 1. Accepting filing of the Engineer's Report on the cost of construction of the sidewalk improvements on D Street between Third Avenue and Landis Avenue; 2. Setting August 19, 2003 at 6:00 p.m. as the date and time for the public hearing on the proposed assessments for the sidewalk improvements on D Street; 3. Approving the deferral of assessments and establishing the rate of interest and financing period. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: On December 11, 2001 Council adopted Resolutions 2001-428, 2001-429 and 2001-430 (Attachment A). Resolution 2001-428 accepted a petition signed by property owners at 305, 311, 317 and 321 D Street for the formation of an assessment district pursuant to the Block Act to finance the construction of missing sidewalk improvements along the north side of D Street. Resolution 2001- 430 approved the proposed district boundary map. Resolution 2001-429 declared the intent to form Assessment District No. 2001-3, approved the preliminary Assessment Engineer's Report, ordered the installation of improvements, set a public hearing for February 5, 2002 at 4:00 pm (which was Page 2, Item u~ Meeting Date 7/15/03 subsequently continued to February 26, 2003), and ordered the initiation of Assessment Ballot proceedings. The following cost information was obtained from the Preliminary Engineer's Report and was included on the property owners' Assessment Ballots as the amount of the assessment proposed to be levied against each respective parcel. The total estimated construction cost, including the City's share, was $23,233.00. These ballots were subsequently mailed to the property owners on January 10, 2003. Preliminary Address Parcel No. Amount 305 D Street 566-030-30 $6961.00 311 D Street 566-030-54 $5850.00 317 D Street 566-030-25 $5969.00 321 D Street 566-030-23 $ 979.00 PROPERTY OWNERS' TOTAL $19,759.00 On February 26, 2003 Council held the public hearing on the D Street sidewalk improvements. There was no public testimony, so the hearing was closed and ballots were tabulated. Since all property owners voted in favor of the proposed assessments, Council adopted Resolution No. 2002- 058 (Attachment B), which ordered the installation of improvements in accordance with Article XIlID of the California Constitution. In accordance with Section 20852 of the Public Contract Code, the City advertised and obtained sealed bids as part of a formal bidding process and awarded the contract to the lowest responsible bidder. Out of the six firms that submitted bids, Portillo Concrete was the lowest at $15,870. On June 18, 2002 Council adopted Resolution No. 2002-208 (Attachment C) awarding the contract for construction of sidewalk improvements on D Street to Portillo Concrete. Portillo Construction completed the construction of improvements, as discussed in the January 2, 2003 memorandum to the City Manager (Attachment D). A final inspection was made, all work was found to be completed in accordance with the contract plans and specifications and to the satisfaction of the City Engineer. Staff has now received, and the City has paid, all the contractual invoices for this project. The amount paid to the contractor was $10,705.50. This reduction of $5,164.50 was due to an adjustment in contract quantities. This project was accepted by the City Manager on January 8, 2003. Additionally, staff applied for and received a grant for Transportation Development Act (TDA) funding from the San Diego Association ofGovemments (SANDAG). These funds can onlybe used to finance the construction of sidewalks and design and advertising costs directly related to sidewalk construction. As shown on the memorandum dated February 13, 2003 (Attachment E), the City was able to finance $11,219.67 of the project cost from this grant, including $7,755.10 in construction costs and $3,464.57 in staff and advertising costs. This leaves only $2,950.40 in construction costs which need to be assessed to the property owners. Staff has completed the accounting of the expenditures and apportionment to property owners, as shown in the Engineer's Report (Attachment F). This document amends the Preliminary Engineer's Report adopted by Council on December 11, 2001. Since the amounts now allocated to the property Page 3, Item ~ Meeting Date 7/15/03 owners based on actual construction costs minus grant funding (totaling $2,950.40) are less than the amounts originally included on the homeowners' ballots (totaling $19,759.00), an additional assessment ballot proceeding will not be required. The following amounts will be assessed to each property owner. These amounts are based only on construction costs for the driveway aprons. Since the work at 321 D Street, which was originally included in the Assessment District, did not include a driveway apron, this property will not be assessed for any improvements included in this contract. Final Preliminary Reduction Assessment Address Parcel No. Amount Amount Amount 305 D Street 566-030-30 $6961.00 ($ 5638.63) $1322.37 311 D Street 566-030-54 $5850.00 ($ 4974.35) $ 875.65 317 D Street 566-030-25 $5969.00 ($ 5216.62) $ 752.38 321 D Street 566-030-23 $ 979.00 ($ 979.00) $ 0 PROPERTY OWNERS' TOTAL $19,759.00 ($16,808.60) $2950.40 Following confirmation of the final assessments, the property owners will have the option of paying any portion of the assessments during the 30-day payoff period following acceptance of improvements and confirmation of assessments. If assessments are not fully paid during that time, Section 5895 of the Streets and Highways Code permits the City to collect the unpaid balance over a maximum period often years, together with interest on the unpaid principal at a maximum rate of 7 pement per year. Based on the current interest rates, the City will charge 5 percent interest for a period often years. Since there are only three property owners involved and the amount of principal is minimal, staff will bill in-house annually. Property owners may pay the balance of their assessments at any time during the 30-day repayment per~od without penalty. This period is anticipated to commence on August 27, 2003, after the final district boundary map is recorded and Notices of Assessment are maileed to property owners. FISCAL IMPACT: A total of$54,000 was appropriated during Fiscal Year 2000_01 forplauning and design work from the Gas Tax fund. Additionally, the Capital Improvement Program approved for Fiscal Years 2001-03 appropriated an additional $218,000 from the Residential Construction Tax (RCT) to cover construction costs, anticipati~'tg that all missing sidewalk would be constructed on both sides of D Street between Third and Fourth Avenues. Due to the reduced scope of the project, total construction costs are assumed to only be $10,705. The amount of $2,950.40 is expected to be repaid to the City by property owners within 30 days (from August 27 through Friday September 26, 2003), or over a ten-year period at 5 percent interest. Attachments: A. Resolutions 2001-428, 2001-429, 2001-430 B. Resolution 2002-058 C. Resolution 2002-208 D. Memorandum to Dave Rowlands, City Manager dated January 2, 2003 and attachments E. Memorandum to Jack G-riffm dated February 13, 2003 F. Engineer's Report J:\ENGINEER~AGENDA~)STREET CONST. EMC.DOC FILE # 0725-10-AD01-3, STL-270 6/17/03 3:38:01 PM RESOLUTION NO. 2001-428 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A PETITION REQUESTING THE FORMATION OF AN ASSESSMENT DISTRICT TO INCLUDE A PORTION OF D STREET FOR THE PURPOSE OF FINANCING THE CONSTRUCTION OF SIDEWALK IMPROVEMENTS WHEREAS, the City Council has been presented and has received a petition fxom certain property owners requesting the installation of certain sidewalk improvements, together with appurtenances and appurtenant work in connection therewith, such improvements to be installed pursuant to the provisions and authority of Chapter 27 of the "Improvement Act of 1911,' being Division 7 of the Streets and Highways Code of the State of California; and WHEREAS, such petition requests that such improvements be financed through the formation of an assessment district pursuant to the provisions of Chapter 27, such assessment district to be known and designated as ASSESSMENT DISTRICT NO. 2001-3 ("D" STREET) (the "Assessment District"). NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: SECTION 1. The above recitals are ali tree and correct. SECTION 2. It is hereby found that: A. Such petition has been signed by the owners owning land constituting more than sixty percent (60%) of (i) the front footage of the unimproved portion of the block requested by such owners to be improved and (ii) all assessable land proposed to be included within the boundaries of the Assessment District. B. Such petition meets all of the requirements of the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931," being Division 4 of the Streets and Highways Code of the State of California (the "Investigations Act"). C. The property owners have waived the sixty-day period within which such owners are required to construct the sidewalk improvements. SECTION 3. No further proceedings or limitations under the Investigations Act shall be ap plicable to these proceedings. SECTION 4. This petition shall be as a part of the record of these proceedings and shall be open to public inspection as required by law. Presented by Approved as to form by ·/ Jo.~_.P. Lippitt ' * Jo~;i~l. Kaheny Public Works Director City Attorney Resolution 2001-428 Page 2 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 11th day of December, 2001, by the following vote: AYES: Councilmembers: Davis, Padilla, Rindone, Salas and Horton NAYS: Councilmembers: None ABSENT: Councilmembers: None Shirley Horto~Mayor ATTEST: ~ Susan Bigelo~ City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2001-429 was duly passed, approved, and adopted by the City Coaneil at a regular meeting of the Chula Vista City Council held on the 11th day of December, 2001. Executed this 11t~ day of December, 2001. Susan Bigelow, City Clerk RESOLUTION NO. 2001-429 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE INSTALLATION OF CERTAIN SIDEWALK IMPROVEMENTS ON D STREET, APPROVING THE PRELIMINARY ENGINEER'S REPORT, SETTING THE TIME AND PLACE FOR PUBLIC A HEARING, AND ORDERING THE INSTALLATION OF ASSESSMENT BALLOT PROCEEDINGS WHEREAS, the City Council has been presented and has received a petition from certain property owners requesting the installation of certain sidewalk improvements, together with appurtenances and appurtenant work in connection therewith, such improvements to be installed pursuant to the provisions and authority of Chapter 27 ("Chapter 27") of the "Improvement Act of 1911," being Division 7 of the Streets and Highways Code of the State of California; and WHEREAS, the City Council, acting in response to such petition, desires to initiate proceedings to order the installation of such sidewalk improvements pursuant to the provisions of Chapter 27 and to initiate proceedings pursuant to the provisions of Chapter 27, Article XIIID of the Constitution of the State of California ("Article XIIID") and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following) (the "Implementation Act") (Chapter 27, Article XIIID and the Implementation Act may be referred to collectively herein as the "Assessment Law") to form an assessment district for the purpose of financing the cost of installation of such sidewalk improvements, such assessment district to be known and designated as Assessment District No. 2001-3 ('D' Street) (the "Assessment District"); and WHEREAS, there has been prepared and filed with this legislative body a report (the "Report") of the City Engineer, acting as the Assessment Engineer, pertaining to the proposed Assessment District as provided for in and required by the Assessment Law and the Report has been presented to this legislative body for its consideration. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: SECTION 1. Recitals. The above recitals are all tree and correct. SECTION 2. Description of Improvements. The public interest and convenience requires, and this City Council hereby orders the installation of the following public improvements: Sidewalks along the frontage of 305, 311, 317 and 321 D Street and new driveway aprons for 305, 311 and 371 D Street. SECTION 3. Plans and Specifications. All of the above mentioned improvements shall be generally constructed at the grades, along the lines, between the points, and at the places and in the manner as shown on the plans and specifications for such improvements designated by the name and number of the Assessment District which are on file in the office of the Director of Public Works. For all particulars as to the alignment of the improvements and a full and detailed description of such improvements, referenced is hereby made to such plans and specifications. SECTION 4. Area of Special Benefit. The improvements, in the opinion of this City Council, will be of special benefit to the abutting and fronting properties and, subject to support by the Resolution 2001-429 Page 2 owners of the properties proposed to be assessed of the levy of such assessments pursuant to the assessment ballot procedures described below, this City Council hereby makes the expenses of such improvements assessable upon the properties within the proposed boundaries of the Assessment District. For a general description of the Assessment District and area of special ,benefit, reference is made to the map of the boundaries of the Assessment District identified as "PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT NO. 2001-3 ('D' STREET)". A copy of such map is on file in the office of the Director of Public Works and open to public inspection during normal office hours of such department. SECTION 5. Construction of the Improvements. This City Council finds that the owners of the properties within the proposed boundaries of the Assessment District have, pursuant to Streets and Highways Code Section 5879, waived the sixty-day period within which such owners may construct such improvements. Therefore, the City Council hereby orders the Superintendent of Streets to cause the construction of the improvements. Such order shall be subject to the condition precedent that the owners of the properties proposed to be assessed for the costs of such construction support, through the assessment ballot proceedings, the levy of such assessments. SECTION 6. Authority for Construction. All of the construction proposed shall be done and carded through and financed pursuant to the provisions of Chapter 27. SECTION 7. Approval of the Report. The Report referred to herein above is adopted, passed upon, and preliminarily approved, and contains the following: A. The plans and specifications for the improvements proposed to be constructed; B. The Assessment Engineer's estimate of the itemized and total costs and expenses of the construction of the improvements and of the incidental expenses in connection therewith contained in the Report including that portion of such costs and expenses representing the special benefit to be conferred by such improvements on those parcels within the Assessment District; C. The diagram showing the Assessment District and the boundaries and dimensions of the respective subdivisions of land within such Assessment District, as the same existed at the time of the passage of this resolution, each of which subdivisions have been given a separate number upon such diagram, as contained in the Report; D. The proposed assessment upon the several subdivisions of land in the Assessment District, in proportion to the estimated special benefits to be conferred on such subdivisions, respectively, by the improvements to be constructed, and of the incidental expenses thereof, as contained in the Report; E. A description of the improvements to be constructed. The Report shall stand as the Report of the Assessment Engineer for the purpose of all subsequent proceedings had pursuant to the Assessment Law. SECTION 8. Notice of Public Hearing. Notice is hereby given that a public hearing to consider protests to the proposed assessments is hereby scheduled, to be held at the City Council meeting room of the City of Chula Vista located at 276 Fourth Avenue, Chula Vista, California on Resolution 2001-429 Page 3 February 5, 2002 at 4:00 pm. As such public hearing, the City Council will hear and pass upon objections or protests, if any, which may be raised orally or in writing by any property owner or any other interested person. In addition, pursuant to the provisions of the Assessment Law, each record owner of property, proposed to be assessed, has the right to submit an assessment ballot in favor of or in opposition to the proposed assessment. Assessment ballots will be mailed to the record owner of each parcel located within the Assessment District and subject to a proposed assessment. Each such owner may complete such assessment ballot and thereby indicate their support for or opposition to the proposed assessment. All such assessment ballots must be received by the City Clerk at the following address at or before the time set for the close of the public hearing: City Clerk, City of Chula Vista 276 Fourth Avenue Chula Vista, California 91910 An assessment ballot received after the close of the public hearing will not be tabulated even though the postmark on the envelope transmitting the assessment ballot is dated on or before the date of the public hearing. At the conclusion of the public heating, the City Council shall cause the final tabulation of the assessment ballots timely received. If a majority protest exists, the City Council shall not impose an assessment within the Assessment District. A majority protest exists if, upon the conclusion of the public hearing, assessment ballots submitted in opposition to the assessments within the Assessment District exceed the assessment ballots submitted in favor of such assessments. In tabulating the assessment ballots, the assessment ballots shall be weighted according to the proportional financial obligation of the affected property. SECTION 9. Order to Provide Notice. The City Clerk is hereby directed to mail or cause to be mailed notice of the public hearing and the adoption of this and of the filing of the Report, together with the assessment ballot materials, to the record owner of all real property proposed to be assessed. Presented by Approved as to form by JohgrP. Lippitt '' J?~b~-Kaheny (,...~ ' Public Works Director cre~ Attorney Resolution 2001-429 Page 4 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 11th day of December, 2001, by the following vote: AYES: Counciknembers: Davis, Padilla, Rindone, Salas and Horton NAYS: Councilmembers: None ABSENT: Councilmembers: None ATTEST; Shirley Horto~ Mayor Susan Bigelow, City Clerk ~ STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2001-429 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula:Vista City Council held on the 11th day of December, 2001. Executed this 11th day of December, 2001. Susan Bigelow, City Clerk RESOLUTION NO. 2001-430 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A MAP SHOWING THE PROPOSED BOUNDARIES FOR ASSESSMENT DISTRICT NO. 2001-03 (D STREET) WHEREAS, the City Council has been presented and has received a map showing and describing the boundaries of thc area proposed to be assessed in an asscssmcnt district under the provisions and authority of Chapter 27 of the "Improvement Act of 1911," being Division 7 of the Streets and Highways Code of the State of California; said assessment district known and designated as ASSESSMENT DISTRICT NO. 2001-03 ("D" STREET) (the "Assessment District"). NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: SECTION 1. The above recitals are all tree and correct. SECTION 2. A map showing the boundaries of the proposed Assessment District and lands and property to be assessed to pay the costs and expenses of the proposed acquisition of certain public improvements designated as "PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT NO. 2001-03 ('D' STREET)" is hereby submitted, and thc same is hereby approved and adopted. SECTION 3. The original map of the boundaries of the proposed Assessment District and one copy thereof is to be filed in the Office of the City Clerk. SECTION 4. A certificate shall be endorsed on the original and on at least one copy of the map of the Assessment District, evidencing the date and adoption of this Resolution, and within fifteen (15) days after the adoption of the Resolution fixing the time and place of hearing on the formation or extent of the Assessment District, a copy of such map shall be filed with the correct and proper endorsements thereon with the County Recorder, all in the manner and form provided in Section 3111 of the Streets and Highways Code of the State of Califomia~ Presented by Approved as to form by Jo~n P. Lippitf f ' Pfiblic Works Director ~ttoroey Resolution 2001-430 Page 2 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 11th day of December, 2001, by the following vote: AYES: Councilmembers: Davis, Padilla, Rindone, Salas and Horton NAYS: Councilmembers: None ABSENT: Councilmembers: None Shirley Horton,~,~layor ATTEST: Susan Bigelow, City Clerk ~2 STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2001-430 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 11th day of December, 2001. Executed this 11th day of December, 2001. Susan Bigelo~,, City Clerk ~' RESOLUTION NO. 2002-058 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING ~ RESULTS OF THE ASSESSMENT BALLOT TABULATION AND MAKING FINDINGS PURSUANT TO CHAPTER 27 OF THE IMPROVEMENT ACT OF 1911, AND ARTICLE XIIID OF THE CONSTITUTION OF THE STATE OF CALIFORNIA IN ASSESSMENT DISTRICT NO. 2001-3 ("D" STREET) WHEREAS, this City Council has received a petition from certain property owners requesting the installation of certain sidewalk improvements, together with appurtenances and appurtenant work in connection therewith, such improvements to be installed pursuant to the provisions and authority of Chapter 27 ("Chapter 27") of the "Improvement Act of 1911," being Division 7 of the Streets and Highways Code of the State of California; and WHEREAS, this City Council, acting in response to such petition, initiated proceedings to order the installation of such sidewalk improvements pursuant to the provisions of Chapter 27 and to initiate proceedings pursuant to the provisions of Chapter 27, Article XrilD of the Constitution of the State of California ("Article XIIID") and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following) (the "Implementation Act") (Chapter 27, Article XIIID and the Implementation Act may be referred to collectively herein as the "Assessment Law") to form an assessment district for the purpose of financing ~he cost of installation of such sidewalk improvements, such assessment district to be known and designated as Assessment District No. 2001-3 ('D' Street) (the "Assessment District"); and WHEREAS, a report of the Assessment Engineer (the "Preliminary Assessment Engineer's Report"), required by the Assessment Law was previously presented, considered and preliminarily approved; and WHEREAS, the Preliminary Assessment Engineer's Report, as preliminarily approved, was prepared and contained ail the matters and items called for pursuant to the provisions of the Assessment Law, including the following: A. Plans and specifications of the Improvements; B. An estimate of the cost of the construction of the Improvements, including the cost of thc incidental expenses, in eounection therewith, including that portion of such ensts and expenses representing the special benefit to be conferred by such Improvements on the parcels within the Assessment District; C. A diagram showing the Assessment District, which also shows the boundaries and dimensions of the respective subdivisions of land within such Assessment District, with each of which subdivisions given a separate number upon such diagram; Resolution 2002-058 Page 2 D. The proposed assessment of the assessable costs and expenses of the construction of the Improvements upon the several divisions of land in the Assessment District in proportion to the estimated special benefits to be conferred on such subdivisions, respectively, by such Improvements. Such assessment refers to such subdivisions upon such diagram by the respective numbers thereof; and E. A description of the Improvements. WHEREAS, notices of such hearing accompanied by assessment ballot materials were regularly mailed in the time, form and manner required by the Assessment Law and as evidenced by a certificate on file with the transcript of these proceedings, a full hearing has been given, and at this time all assessment ballots submitted pursuant to the Assessment Law have been tabulated, all in the manner provided by the Assessment Law; and, WlIEREAS, at this time this City Council determines that the assessment ballots received by the City in favor of the proposed assessment and weighted as required by the Assessment Law exceed the assessment ballots received in opposition to the assessment and similarly weighted and, therefore, a majority protest pursuant to the Assessment Law does not exist. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. RECITALS. The above recitals are all true and correct. SECTION 2. ASSESSMENT BALLOT TABULATION. The assessment ballots submitted pursuant to the Assessment Law in favor of thc proposed assessment and weighted as required by the Assessment Law exceed the assessment ballots submitted in opposition to such proposed assessment and Similarly weighted and it is therefore determined that a majority protest pursuant to Assessment Law to the levy of the proposed assessments does not exist. SECTION 3. SPECIAL BENEFITS RECEIVED. Based upon the Preliminary Assessment Engineer's Report and the testimony and other evidence received at the public hearing, it is hereby determined that: A. All properties within the boundaries of the Assessment District receive a special benefit from the Improvements; B. The proportionate special benefit derived by each parcel proposed to be assessed has been determined in relationship to the entirely of thc cost of construction of thc Improvements; C. No assessment is proposed to be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit to be conferred on such parcel from the Improvements; D. Only special benefits have been assessed; and Resolution 2002-058 Page 3 E. There are no parcels which are owned or used by any agency as such term is defined in Article XIIID, the State of California or the United States that specially benefit from the Improvements. SECTION 4. FINAL ASSESSMENT ENGINEER'S REPORT. Upon the completion of the construction of the Improvements, the Superintendent of Streets is ordered prepare and file with this City Council a Final Assessment Engineer's Report that shall contain ali of the information contained in the Preliminary Engineer's Report modified to reflect the actual enst of construction o£the Improvements. SECTION 5. NOTICE OF COST OF CONSTRUCTION. Upon the completion of the construction of the Improvements and the preparation of the Final Assessment Engineer's Report, the Superintendent of Streets shall cause notice of the cost of the construction of the Improvements to be given in the manner specified in Chapter 27. Such notice shall specify the time and place when this City Council will hear and pass upon the Final Assessment Engineer's Report, together with any protests or objections, if any, which may be raised by any property owner liable to be assessed for the cost of such construction and other interested persons. SECTION 6. PUBLIC HEARING. At the time and place of the public hearing, this City Council will hear and pass upon the Final Assessment Engineer's Report, together with any protests or objections, if any, which may be raised by any property owner liable to be assessed for the cost of such construction and other interested persons. Upon the conclusion of such public hearing, this City Council may make such revision, corrections or modifications in the Final Engineer's Report as it may deem just; provided, however, this City Council may not increase the assessment proposed to be levied on any parcel above the amount proposed in the Preliminary Assessment Engineer's Report (the "Preliminary Assessment") without first providing the opportunity for the owner or owners of any parcel for which the assessment is proposed to be increased to express such owner or owners support for or opposition to such increase in assessment through an assessment ballot proceeding undertaken pursuant to the Assessment Law. No Preliminary Assessments may be increased if, following such assessment ballot proceeding, this City Council determines that a majority protest to such increase is found to exist. Presented by Approved as to form by Job. l/P. Lippitt' J~'fM. Kaheny ~ ' Public Works Director U~t3r Attorney Resolution 2002-058 Page 4 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 26th day of February, 2002, by the following vote: AYES: Couneilmembers: Davis, Padilla, Rindone, Salas and Horton NAYS: Councilmembers: None ABSENT: Couneilmembers: None Shirley Horton, l~yor ATTEST: Susan Bigelow, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2002-058 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 26t~ day of February, 2002. Executed this 26th day of February, 2002. Susan Bigelow, City Clerk - RESOLU'I~ON NO. 2002-208 RESOLUTION OF THE CITY COUNCIL OF THE ~UITY OF CHULA VISTA ACCEP'riNG BIDS AND AWARDING CONTRACt FOR SIDEWALK IMPROVEM~.NTS ON THE NORTH SIDE OF "D" STRN. F.T, BETWEEN THIRD AVENUE AND LANDIS AVENUE (PROJECT STL-270), TO PORTII.IO CONCRETE INC. WHEREAS, on May 8, 2002, the Director of Public Works received the following six sealed bids for Sidewalk Improvements on the North Side of "D" Street, between Third Avenue and landis Avenue, in the City of Chula Vista, California (STL-270): Contractor Bid Amount Porfillo Concxete, Inc., Chula Vista $15,870.00 Koch-American Gen. I~,~,, Lakeside $19,211.40 Tynaco Co., C~uln Vista $22,170.00 blJC Construction, CTanla Vista $23,820.00 A.B. I-lashmi: Lake~idg $26,960,00 Viking Company, San Diego $30,177.86 WHEREAS, the low bid by Portillo Concrete, Inc. is below the engineer's estimate of $28,750 by $12,880 or approximately 45%; and WHEREAS, engineering staff checked the references provided by the contractor and all references were verified and their work has been satisfactory; and WHEREAS, staff has reviewed the low bid and is reconunending awarding the contract to Portillo Concrete, Inc.; and WHEREAS, the Environmental Review Coordinator has reviewed the work involved in this project and has determined that the project is exempt under Section 15301, Class lc of the California Environmental Ouality Act (Existing Facilities); and WHEREAS, contractors bidding this project were not required to pay prevailing wages to persons employed by them for work under thi.~ project. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby accept bids and award contract for the Sidewalk Improvements on the north side of "D" Street, between Third Avenue and Landis Avenue in the City of Chula Vista, 'California (Project STL-270) to Portillo Concrete, Inc. in the amount of $15,870.00. Presented by Approved as to form by · _oyM. Kaheny P. Lippitt Phblic Works Director ~ Attorney Resolution 2002-208 Page 2 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 18~ day of June, 2002, by the following vote: AYES: Councilmembers: Davis, Padilla, Rindone, Salas and Horton NAYS: Couacilmembers: None ABSENT: Councilmembers: None Shirley, H0 ~rt~, Mayor ATFEST: Susari Bigelow, City Clerk STATE OF CA!.IFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2002-208 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 18th day of June, 2002. Executed this 18t~ day of June, 2002. Susan Bigelow, C'i{y Clerk -' MEMORANDUM January 2, 2003 (~ File: 0735-10-STL270 TO: David D. Rowiands, Jr., City Manager VIA: Clifford Swanson, Director of Engineering~ FROM: Kirk Ammerman, Deputy Director of Engineering~f~',~c Jack Griffin, Assistant Director of Building and Park Construction~,~L. SUBJECT: Sidewalk Improvements at"D" Street On June 18, 2002, the City Council by Resolution No. 2002-208 awarded the contract for the construction of sidewalk improvements on "D" Street between Third Avenue and Landis Avenues to Portillo Concrete, Incorporated. The amount of the contract was $15,870.00 plus $5,000.00 for contingencies. The work is now complete. In accordance with City Council Resolution No. 16034 adopted on January 22, 1991, your office is now authorized to acknowledge the completion of Public Works projects and to make minor finalizing budget appropriations (not to exceed 10% of the contract price to a maximum of $20,000). We therefore, request that you: A) Acknowledge completion of the project, (return to our office signed authorization memo, attached). B) Notify the City Council of the completion of the project (forward attached memo). The original contract amount was $15,870.00 and ($5,164.50) was for adjustments to contract quantities. The construction contract costs for the project amounted to $10,705.50. In addition, $583.57 was expended for printing and advertising, and $15,386.74 was expended for staff time (as of 11/28/02), for a total cost of $26,675.81. It should be noted that $50,000.00 was originally appropriated for this project. Attachment c: Dolly Hicks Alexia Stevens Beth ChOpp J:\En,ineer\I,5PEC~CIP\CLOSE\STLaTO.ItlIIS.D§C ~ ~;~ MEMORANDUM January 2, ?003 File: 0735-10-STL270 TO: Honorable Mayor and City Council FROM: David D. Rowlands, Jr.,~ity Manager SUBJECT: Sidewalk Improvements at "D" Street This is to inform you that in accordance with City Council Resolution No. 16034 adopted on January 22, 1991, this office has acknowledged completion of the sidewalk improvements on "D" Street. On June 18, 2002, the City Council by Resolution No. 2002-208 awarded the contract for the construction of sidewalk improvements on "D" Street between Third Avenue and Landis Avenues to Portillo Concrete, Incorporated. The amount of the contract was $15,870.00 plus $5,000.00 for contingencies. Attached is a complete Financial Statement for the project. The original contract amount was $15,870.00 and ($5,164.50) was for adjustments to contract quantities. The construction contract costs for the project amounted to $10,705.50. In addition, $583.57 was expended for printing and advertising, and $15,386.74 was expended for staff time (as of 11/28/02), for a total cost of $26,675.81. It should be noted that $50,000.00 was originally appropriated for this project. Financial Statement Attached ,]:\EnginEer\[HSPECT~CIP\CLOS£\STE70.RUJS.DO£ FINANCIAL STATEMENT January 2, 2003 File: 0735-10-STL270 Sidewalk Improvements at "D" Street I. Appropriated Funds Gas Tax $50,000.00 Total I $50,000.00 II. Contract Amount as Awarded on Council Agenda Statement a) Award Amount $15,870.00 b) Contingencies $ 5,000.00 Total II $20,870.00 III. Actual Expenditures a) Contract work (Portillo, Inc.) 1) Original Contract $15,870.00 2) Adjustments to Contract Quantities ($ 5,164.50) Adjusted Contract Amount $10,705.50 3) Change Orders $ 0.00 Total Paid to Contractor $10,705.50 Construction Cost Subtotal $10,705.50 b) Other Expenses 1) Star News $ 201.49 2) San Diego Daily $ 160.65 3) OCB Reprographics $ 221.43 Other Expenses Subtotal $ 583.57 c) Staff Costs $15,386.74 Inception to 11/28/02 (latest available report) Total III $26,675.81 3:\ERgifleer\[ItSPECT~CIP\£LOSE\STLZ70.RmS.DDC STAFF TIME Run Date /01/1998 06/30/1999 Through 11/28/2002 Run Time 6:13:15 MasterProj/Proj/Dept/Sect/Empl Hours ~J~ount FCR Ar~t [ STL270 D STREET IMPROVEMENTS 4TH TO 3RD AVE ] STL270 D STREET IMPROVEMENTS, 4TH TO THIRD AVE 13 - ENGINEERING DEPT 230 - ASSESSMENTS/OPEN SPACE CHOPP, ELIZABETH 2.50 103.98 311.32 330 - INFASTRUCTURE DESIGN PLAGBUHAT, CES~-R 1.00 36.17 141.53 SANPEDRO, POTEN 4.50 117.68 460.48 333 - DESIGN ENGINEERING HOLMES, JAMES 5.00 185.05 724.10 337 - SURVEYING EHLERT, PETER 1.00 41.59 104.93 MONTESDEOCA, JOHN 5.00 125.34 316.23 343 - INFRASTRUCTURE PROJECTS HOLMES, J~LMES 35.00 1, 377.57 5,390.41 ~LAGBUHAT, CES~=R 39.00 1,410.58 5,519.60 SA~NPEDRO, POTEN 2.50 64.75 253.37 393 - TRAFFIC ENGINEERING AL-G~L~FRY, MAJED 1.00 41.59 123.61 530 - CONSTRUCTION INSPECTION STEVENS, ALEXIA 0.50 12.53 31.65 WADE, BYRON 24.00 795.53 2,009.51 Total Dept 13 121.00 4,312.36 15,386.74 Total Proj STL270 · 121.00 4,312.36 15,386.74 Total MasterProj STL270 121.00 4,312.36 15,386.74 Report Totals 121.00 4,312.36 15,386.74 Page 1 of 1 MEMORANDUM January 2, 2003 File: 0735-10-STL270 TO: Clifford Swanson, Director of Engineering FROM: David D. Rowlands, Jr., City Manager SUBJECT: Sidewalk Improvements at"D" Street This is to inform you that this office has acknowledged completion of subject project on the date shown below. You may now acknowledge acceptance of this. project. David D. Rowlands, Jr. Date City Manager c: Dolly Hicks Bill UIIrich Beth Chopp Nancy Ross Alexia Stevens Jack Griffin .l:\[ngineer~flSPE[T~£]P\£LOSE\STLZTO.Rm~.oo[ DEPAR~ OF F-.NGIlNEER~G MEMORANDUM February 13, 2003 File: 0690-20-KY036 TO: Jack Griffin, Assistant Director of Building and Park Conslxuctibn VIA: Frank Rivera, Deputy Director of Engineering ~ f~_ FROM: JeffMoneda, Civil Engineer .3~ SUBJECT: STL2270, D Street Sidewalk Improvement Project TDA Closeout The purpose of this memorandum is to begin the appropriate actions necessary to close out the TDA funding for the D Street Sidewalk Improvements Project (STL-270). The memorandum for the closeout of the subject project, prepared by Construction Inspections (attached), indicates the following final costs: Total construction contract costs $10,705.50 Printing and Advertising $583.57 StaffTime ($15,386.74, but only $2,881 eligible per app.) $2,881.00 Total Costs $14,170.07 Driveway Total Costs (not eligible for TDA funding) $2,950.40 Net Total Cost (eligible for TDA funding) $11,219.67 We have already received $25,928 of TDA funds for the subject project. With your concurrence, I would like to return the remaining $14,708.33 of TDA funds to SANDAG and prepare the necessary closeout forms. Please let me know by February 21, 2003 if you concur with the closeout mounts. Cc: Cliff Swanson, Director of Engineering/Gty Engineer Beth Chopp, Ovil Engineer Attachments: Memorandum from Construction Inspections dated January 2, 2003 J:\Engineer\ADVPLAN\STL 270 Feb 2003.jcm.doc ENGINEER'S REPORT D STREET SIDEWALK IMPROVEMENTS 191 1 ACT ASSESSMENT DISTRICT AD 2001-3 MAY 29, 2003 Background D Street between Third and Fourth Avenues in Chula Vista is a residential street with an 80-foot width of right-of-way. Existing improvements include pavement and curb in front of all properties; however, several properties do not have sidewalks. On the north side of D Street, the only properties which do not have sidewalk improvements are a portion of 321 D Street, as well as 317, 311 and 305 D Street. In September 2001 these four property owners submitted a petition to the City requesting thc initiation of proceedings to form an assessment district in accordance with the Improvement Act of 1911. This district would finance the construction of the missing sidewalk improvements on the north side olD Street. Thc City currently has a policy regarding participation in 1911 Block Act proceedings. According to this policy, the City will provide all engineering, inspection and administrative services at no cost to thc property owners. Additionally, it is the City's responsibility to relocate all existing public improvements which would be in conflict with thc new improvements, including utilities. These costs have not been included in the Engineer's Report, because they will not bc assessed to the property owners. Subsequent to the construction of the improvements, the City obtained funding for the construction of the sidewalks from the San Diego Association of Governments (SANDAG). Therefore, the only cost that will be assessed to the property owners is the cost of constructing the driveway aprons. Overall Design and Cost Estimate The project area and general location of improvements arc shown on the Assessment Diagram for Assessment District 2001-3, D Street. The properties which will benefit from these improvements and are a part of the district are as follows: Address Parcel Number 317 D Street 566-030-25-00 311 D Street 566-030-54-00 305 D Street 566-030-30-00 Improvements included within this district consist of driveway aprons that provide a transition between the street and the driveways. The improvements which will not be assessed to property owners include a 5-foot wide sidewalk from the existing sidewalk ending in front of 521 D Street to the curb return on Third Avenue north olD Street, as well as a sidewalk ramp on the northwest comer of Third Avenue and D Street. Originally, 321 D Street (APN 566-030-23-00) was included within the boundaries of this district. However, a new driveway apron at this address was not included as part of the construction work for this project, since the existing sidewalk ended east of the 2 existing driveway. Therefore, this property will not be assessed for any district costs and will thus be excluded from the district. The total estimated construction cost was $23,233.00, including the City's share. The amount allocated to the property owners was estimated at $19,759.00. The latter amount was used to calculate the property owners' ballot amounts. The lowest bid for this project was $15,870.00, as shown on Table 1. This amount was subsequently reduced to $10,705.50, due to an adjustment in contract quantities. After subtracting the amount of the grant received from SANDAG for sidewalk construction, the remaining amount to be assessed to the property owners is $2950.40. Method of Apportionment Costs must be apportioned to each property in proportion to the benefit received by that property. In apportioning the cost of street improvements, it can generally be assumed that the property adjacent to the improvements will receive the direct benefit. The adjacent properties would be most likely to use the improvements, particularly with respect to driveway aprons. The City has obtained funding from SANDAG for most of the cost items included in the contractor's bid, including removal and replacement of improvements, construction of a 4" PCC sidewalk and the pedestrian ramp at the comer of D Street and Third Avenue. The only cost item that will be included in the assessment district is the 6" PCC driveway. Based on the revised total quantity of 965.1 SF calculated by the City's construction inspector, the total cost is $3,860.40. However, some of this amount relates to the portion of sidewalk that runs through the driveway apron. This section was estimated to cost $1,910.00 and was subtracted from the above figure to give a total of $2950.40. This amount was not included in the grant and needs to be assessed to the property owners. The breakdown of construction costs among the three properties and the City is shown on Table 2. For each property, the square footage of the driveway apron was individually calculated based on both the measurements taken by the City's inspector during construction in August 2002 and measurements made by the Assessment Engineer in May 2003. The difference between the dimensions measured on both occasions was 0.20 feet at the most, which is within the expected accuracy of the measuring devices. The areas calculated were then multiplied by $4.00, the unit cost for the 6" PCC driveways. The total amount thus calculated for these costs totaled $2973.68 for all three properties. There is a difference of $23.28 between this and $2950.40, the construction cost not covered by the grant. Since this difference is less than one percent, it was decided that the easiest way to reconcile these numbers would be to proportion out the difference among the three properties. 3 The amounts to be assessed to the property owners based on the final construction costs can thus be compared to the amounts estimated in the Preliminary Engineer's Report as follows: Assessor's Parcel No. Preliminary Assessment Final Assessment 566-030-30~00 $6,961.00 $1,322.37 566-030-54-00 $5,850.00 $ 875.65 566-030-25-00 $5,969.00 $ 752.38 566-030-23-00 $ 979.00 $ 0 TOTAL $19,759.00 $2,950.40 The Preliminary Assessment amounts were included on the ballots submitted to the property owners and tallied in accordance with 3d'ticle XIIID of the California Constitution. Since the Final Assessment amounts are all lower than the Preliminary Assessment amounts, no additional ballot process is necessary. J:~ENGINEER~ASMTDIST~FINAL ENGINEER S P-..EPORT.DOC 4 ASSESSMENT DIAGRAM ASSESSMENT DISTRICT 2001-3 1911 ACT IMPROVEMENT DISTRICT CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA 300 BLOCK 0 STREET -::"-:.:- - - ~- ~ .....\ ~. """ 0- ~ ~ c:::. a> \ \ ... \ ... \ \, \ \ \ \, \ ... \ ... \ ... \ \, \ \\. , , , '" -_\.. -~-~--- ,. -- - ,-- if 1(:) ~~-~-~~----------------- , " \ ... \ \ \ \ \ \, \ , \, \ , , I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSED BOUNDARIES OF THE ASSESSMENT DISTRICT, CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, WAS APPROVED BY THE CITY COUNCIL OF THE CITY AT A REGULAR MEETING THEREOF, HELD ON THE DAY OF ,20_, BY RESOLUTION NO. CITY CLERK, CITY OF CHULA VISTA FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF CHULA VISTA THIS DAY OF ,20_. CITY CLERK, CITY OF CHULA VISTA FILED THIS DAY OF ,20_, IN BOOK AT PAGE OF MAP OF ASSESSMENT DISTRICTS IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. COUNTY RECORDER, COUNTY OF SAN DIEGO b --2( LEGEND PROPOSED ASSESSMENT DISTRICT BOUNDARY V////I AREA OF IMPROVEMENT RECORDED IN THE OFFICE OF THE STREET SUPERINTENDENT OF THE CITY OF CHULA VISTA THIS DAY OF 20 STREET SUPERINTENDENT REFERENCE IS HEREBY MADE TO THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ASSESSO PARCEL MAPS FOR DETAILED DIMENSIONS OF INDIVIDUAL PARCELS. TABLE 1 PORTILLO CONSTRUCTION ORIGINAL BID ON D STREET IMPROVEMENTS 4" PCC Sidewalk 1220 SF $3.50 $4,270 6" PCC Driveways 1100 SF $4.00 $4,400 Pedestrian Ramp (SDRSD G-27 1 EA $1000 $1,000 Type A) Remove and Replace 4" PCC 200 SF $5.00 $1,000 Slabwork Remove and Replace 6" PCC 400 SF $5.50 $2,200 Slabwork Remove and Replace PCC Curb 120 LF $25.00 $3,000 and Gutter (6" or 8") TOTAL $15,870 TABLE 2 D STREET APPORTIONMENT CALCULATIONS DRIVEWAY APRONS 305 D Street~ APN 566-030-30-00 12.8'x 20.2'+26.5' = 298.9SF 2 1.7' x 20.2' = 38.4SF 333.2 SF 333.2 SFx $4.00/SF -- $1332.80 311 D Street~ APN 566-030-54-00 12.7' x 18.9'+ 12.5' = 199.39SF 2 1.7' x 12.5' = 21.25 SF 222.85 SF' 220.64 SF x $4.00/SF = $882.56 317 D Street~ APN 566-030-25-00 12.7' x 17.0' + 10.5' = 174.63 SF 2 1.3' x 11.5' = 14.95 SF 189.58 SF 189.58SF x $4.00/$F = $758.32 Reconciliation with Grant Fundln~, $1332.80 $ 882.56 $ 758.32 $2973.68 $2973.68 - $2950.40 (construction cost - grant) = $23.28 Reduction to calculated amounts: $23.28/$2973.68 = 0.007829 multiplier 305 D Street: $1322.37 307 D Street: $ 875.65 311D Street: $ 752.38 J:~E.NGINEER~ASMTDIST~D STREET~TABLE 2 APPORTIONMENT.DOC RESOLUTION NO.2003- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING FILING OF ENGINEER'S REPORT BY THE CITY ENGINEER ON THE COST OF CQNSTRUCTION AND SETTING AUGUST 19, 2003 AT 6:00 P.M. AS THE DATE AND TIME OF A PUBLIC HEARING ON ASSESSMENT DISTRICT 2001-03 (D STREET) WHEREAS, on June 18, 2002, pursuant to Chapter 27 of the Improvement Act of 1911 (the "Block Act") and Article XIIID of the Constitution of Califomia ("Article XIIID"), Council adopted Resolution No. 2002-208 awarding a contract in the amount of $15,870 to Portillo Construction for the construction of sidewalk improvements on D Street between Third Avenue and Landis Avenue; and WHEREAS, on December 11, 2001, Council adopted Resolutions 2001-428, 2001-429 and 2001-430 (Exhibit "A") and approved the Preliminary Assessment Engineer's Report; and WHEREAS, on February 26, 2003, Council held a public hearing on the D Street sidewalk improvements wherein Council adopted Resolution No. 2002-058 (Exhibit "B"); which ordered the installation of improvements in accordance with Article xmD of the California Constitution; and WHEREAS, on June 18, 2002, Council adopted Resolution No. 2002-208 (Exhibit "C") awarding the contract for construction of sidewalk improvements on D Street to Portillo Concrete; and WHEREAS, staff received a grant for Transportation Development Act (TDA) funding from the San Diego Association of Governments (SANDAG), which funds can only be used to finance the construction of sidewalks and design and advertising costs directly related to sidewalk construction; and WHEREAS, the City was able to finance $11,219.67 of the project cost from this grant, leaving $2,950.00 in construction costs to be assessed to the property owners; and WHEREAS, staff has completed the accounting of the expenditures and apportionment to property owners as shown in the attached Engineer's Report (Exhibit "D"). This report amends the Preliminary Engineer's Report adopted by Council on December 11, 2001; and WHEREAS, upon confirmation of the final assessments, property owners will have the option of paying any portion of the assessments during the 30-day payoff period. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby accept the filing of' the Engineer's Report on the cost of construction, a copy of which will be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the City Council does hereby set August 19, 2003 at 6:00 p.m. in the City Council Chambers, City of Chula Vista, 276 Fourth Avenue, Chula Vista, Califomia as the date and time for the public hearing on Assessment District 2001-3 (D Street). Presented by Approved as to form by Clifford Swanson Ann Iv~ffo~e/ &' Director of Engineering CityAttomey ,l:~AttomeyXreso\Fmance~,ccept filing Engineers Repolt 2001-3 RESOLUTION NO. 2003- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE DEFERRAL OF ASSESSMENTS AND ESTABLISHING THE RATE OF INTEREST AND FINANCING PERIOD APPLIED TO DEFERRALS FOR ASSESSMENT DISTRICT 2001-3 WHEREAS, on June 18, 2002, pursuant to Chapter 27 of the Improvement Act of 1911 (the "Block Act") and Article XIIID of the Constitution of California ("Article XIIID"), Council adopted Resolution No. 2002-208 awarding a contract in the amount of$15,870 to Portillo Construction for the construction of sidewalk improvements on D Street between Third Avenue and Landis Avenue; and WHEREAS, the work is no*v complete and improvements have been accepted by the City Manager; and WHEREAS, the City funded a portion of the project cost to construct the sidewalks from a grant received from the San Diego Association of Governments (SANDAG) under the Transportation Development Act (TDA); and WHEREAS, the remaining construction cost of $2,950.00 are to be assessed to the property owners; and WHEREAS, staff has completed the accounting of the expenditures and apportionment to property owners as shown in the attached Engineer's Report (Exhibit "A"); WHeREAS, the following amounts will be assessed to each property owner and are based only on construction costs for the driveway aprons: Address Parcel No. Preliminary Reduction Final Assess. Amount Amount Amount 305 D Street 566-030-30 $ 6,961.00 ($ 5,638.63) $1,322.37 311 D Street 566-030-54 $ 5,850.00 ($ 4,974.35) $ 875.65 317 D Street 566-030-25 $ 5,969.00 ($ 5,216.62) ' $ 752.38 321 D Street 566-030-23 $ 979.00 ($ 979.00) $ 0 PROPERTY OWNERS' $19,759.00 ($16,808.60) $2,950.00 TOTAL WHEREAS, upon confirmation of the final assessments, property owners will have the option of paying any portion of the assessments during the 30-day payoff period; and WHEREAS, if assessments are not fully paid during the 30-day payoffperiod, in accordance with section 5895 of the Streets and Highways Code, the City will charge interest at the rate of 5% per annum for a period of ten (10) years; WHEREAS, property owners may pay the balance of their assessments at any time during the 30-day repayment period without penalty; and WHEREAS, this period will commence following recordation of the final district boundary map and when Notices of Assessment are mailed to property owners. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the deferral of assessments and establishing the rate of interest and financing period applied to deferrals for Assessment District 2001. Presented by Approved as to form by Clifford Swanson Ann I~)/~e Director of Engineering CityAttomey ,l:\attomey\reso\finance\det~r tbr Assessment District 2001-3 Meeting Date 7/15/03 COUNCIL AGENDA STATEMENT ITEM TITLE: A) Resolution Approving Final Map of Chula Vista~ Tract No.99-05, Park View Estates, Accepting on Behalf of the City of Chula Vista Public Streets and Easements Granted on Said Map within Said Subdivision, and approving the Subdivision Improvement Agreement for the Completion of Improvements Required by Said Subdivision, and Authorizing the Mayor to Execute Said Agreement. B) Resolution Approving the Supplemental Subdivision Improvement Agreement for Chula Vista Tract No. 99- 05, Park View Estates and Authorizing the Mayor to Execute Said Agreement. SUBMITTED BY: Director of Engineering. jt~r, REVIEWED BY: City Manager'S' ~' (4/5ths Vote: Yes No X.X.) On January 14, 2003, by Resolution No. 2003-017, the City Council approved the Tentative Subdivision Map for Chula Vista Tract 99-05, Park View Estates. The Final Map, Subdivision Improvement Agreement, and Supplemental Subdivision Improvement Agreement are now before City Council for consideration and approval. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. RECOMMENDATION: That Council approve the Resolutions approving: A) the Final Map and Subdivision Improvement Agreement, and B) the Supplemental Subdivision Improvement Agreement. DISCUSSION: The Park View Estates Subdivision is located at the southerly end of Date Street, south of Main Street. The final map for the subdivision consists of five (5) single-family lots. A plat of the subdivision is presented in Attachment 1. The final map for said subdivision has been reviewed by the Department of Engineering and found to be in substantial conformance with the approved Tentative Map. Approval of the map constitutes acceptance by the City of all sewer and tree planting easements within the subdivision. Approval of the map also constitutes acceptance, on behalf of the public, of a portion of Date Street. The developer has executed a Supplemental Subdivision Improvement Agreement (SSIA) in order to satisfy conditions of approval Nos. 15, 24, 25, 26, 30, 32, 34, 35, 36, 37, 40, 41, 44, 46 and 47 of the 74 Item 7 Meeting Date 7/15/03 Park View Estates Tentative Map. Those conditions, which are not a part of thc SSIA, have either been met or satisfied by means of the grading permit and accompanying bond. The developer has executed a Subdivision Improvement Agreement and has also provided cash bonds to guarantee construction of thc required public improvements and the subdivision monumentation and benchmarks. The developer has paid all applicable fees. Please note that the developer's disclosure statement, excerpt of City Council minutes pertaining to approval of the Tentative Subdivision Map arc included as Attachments 2 and 3, respectively. FISCAL IMPACT: None to the City. All staff costs associated with processing of improvement plans and final map will be reimbursed from developer deposits. Attachments: 1. Park View Estates Location Map/Subdivision Plat 2. Developer's Disclosure Statement 3. Excerpt of Minutes for 1/14/03 BVH J:kEngineerLPERMITS\EhqEY426FINALMAPCVT99~05.doc File No. 0600-80-EY426 7-9.. I PROJE qi, -- - LOCATION i ~ LOT C~ OF S~ DIdO CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR .~ ~O~SS:~E~ ~87 DATE STRE~ ~ ~ ~ R~uest: Pm~sal f~ 5 single ~m~ lot su~ision [-~ 'Pa~ ~ew Es~tes' RI-5P ( S~gre Fami~ - 5000 s~ ~L~ NU~ ~ sq.E Min. Lot Predse Plan~ zone. ~ NOR~ No ~le IS-99-23 Relat~ Case(s): PCS-99-05 .. ,. .. v s-r^ o sctostn .. You are required to file :a Statement of Disclosure of certain ownership or financial interests, payments, or carnpaig~ -. contrihutions, on all matters which will require discreti0na~ action on the pan of the City Council, Planning Commission,an, all other official bodies. The following inrormation must be disclosed: I. List the names of all persons -having a financial interest in the property which is the subject of the application or th, conlraCt, ,~.g., owner, applicant, contraclor, subcontractor, material supplier. James C. Hurrell Yvonne D. Hurrell 2. If any person* identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owninl more than 10% of the shares in the corporation or owning any pannership interest in the partnership. 3. if any person* identified pursuant to (I) above is non-profit organization or a trust, list the names of any persor serving ,as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. 4. Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions committee.% and Council within the past twelve months? Yes__ No__ If yes, please indicate person(s): 5. Please identify each and every person, including any agents, employees, consultants, or independent contractors wh.c you have a.~igned to represent you before the City in this matter. James H. Algert, Algert Engineering, Inc. 6. Have you and/or your officers or agents, in the aggregate, contributed more than Sl,ffl0 lo a Councilmember in Iht current or preceding election period? Yes__ No X lfyez, state which Councilmember(s): * * * (NOTE: Attach additional pages 11/04/98 Date: ~ Signature of contractor/applicant James C. Hurrell ?rim or type name or contractor/applicant "Any uu~v~d~al, finrt co-parmcr~hip, joint vo~turc, aszociatiot~ social club, ~al~l organizatior~ corporadot~ e~tat~ th~ attd arty othtr couttty, ciO. m~d country, city tnutti¢ipolit); dlx~c[ or odler political atbd~viu~t or P~LIC HE~GS (Continued) Mayor Padilla opened the public he~ng. With no members of the public wising to spe~, he then closed the public he,rig. ACTION: Councilmember McC~ offered Resolution No. 2003-016, heading read, text w~ved: ~SOLUTION NO. 2003-016, ~SOLUTION OF THE CITY CO~C~ OF THE CITY OF C~LA VISTA ACT~G ~ ITS C~ACITY AS THE LEGISLATWE BODY OF CO~TY FACILIT~S DIST~CT NO. 2001-2 (MCMILL~ - OTAY ~CH - VILLAGE S~), ~G CERTA~ DETESTATIONS ~ AUTHO~G THE S~MITTAL OF THE PROPOSED MOD~ICATIONS TO THE FACILIT~S AUTHORED TO BE F~CED BY SUCH COMITY FACILITIES DIST~CT TO THE QUAL~IED ELECTORS The motion c~ed 5-0. 9. CONS~E~TION OF ~PROVAL OF A ~Q~ST BY ACI S~OW TO ENTER ~TO A DEVELOPMENT AG~EMENT WITH THE CITY OF C~LA VISTA ~ICH WOULD ALLOW THEM TO VEST THE~ ENTITLEMENTS FOR ~UST~L DEVELOPMENT ON PROPERTY ~ THE S~OW DEVELOPMENT, LOCATED SOUTH OF OL~PIC P~WAY A~ EAST OF B~YW~ AVE~ (PCM-03-17) Adoption of the ordin~ce approves a development a~eement with ACI Sunbow, LLC, allowing them to vest their entitlements for industrial development on prope~y in the Sunbow Development. (Director of Plying and Building) Notice of the he~ng was given in accord~ce with legal requirements, and the he~ng was held on the date and at ~e time specified in the notice. Associate Plier Steichen presented the proposed project. Mayor Padilla opened the public being. With no members of the public wishing to speak, he · en closed ~e public he~ng. ACTION: Deputy Mayor ~ndone offered Ordin~ce No. 2893 for first reading, heading read, text waived: O~CE NO. 2893, O~CE OF THE CITY CO~CIL OF THE CITY OF C~LA VISTA ~PROV~G A DEVELOPMENT AG~EMENT BETWEEN THE CITY OF CHULA VISTA AND ACI S~OW, LLC, FOR ~USTR~L P~ L~ WITH~ THE S~OW DEVELOPMENT The motion c~ed 5-0. 10. CONS~E~TION OF ~PROVAL OF A TENTATWE S~DIVISION M~ (PCS- 99-05) TO DEVELOP FWE LOTS FOR S~GLE-F~ILY HOMES AT 387 DATE ST~ET (~PLIC~T: J~ES ~LL) Page 5 - Council Minutes 01/14/03 7-5-' PUBLIC HEARINGS (Continued) The developer requests approval for a five-lot subdivision known as Park View Estates, located at the southerly end of Date Street. The project site is located in an existing single-family residential (R-I-5-P) zone, with a Montgomery Specific Plan land use designation of low/medium density residential (6 - 11 dwelling units per acre), and a General Plan land use designation of low medium residential (6 - 11 dwelling units per acre). (Director of Planning and Building) Notice of the hearing was given in accordance with legal requirements, and the heating was held on the date and at the time specified in the notice. Associate Planner Phelps gave a brief presentation on the project. Councilmember Salas stated that the Project applicant had contacted her to express concern regarding park fees. Because the proposed development is small, he asked that the fees be reviewed. Planning and Building Director Leiter responded that staff would be happy to review the fees with the applicant to see if any opportunities for lower fees existed under the City's current ordinances and regulations. Mayor Padilla opened the public hearing. James Hurrell, the project applicant, stated that he was hopeful that the City would also assist him with the costs of other required improvements, such as the cul-de-sac, street light installation, and traffic signals. With no further members of the public wishing to speak, Mayor Padilla closed the public hearing. ACTION: Councilmember Salas offered Resolution No. 2003-017, heading read, text waived: RESOLUTION NO. 2003-017, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE MITIGATED NEGATIVE DECLARATION AND APPROVING A TENTATiVE SUBDIVISION MAP FOR THE PARK VIEW ESTATES, A 0.99-ACRE, FIVE LOT SUBDIVISION FOR SINGLE-FAMILY DWELLING UNITS, LOCATED AT 387 DATE STREET, CHULA VISTA The motion carried 5-0. OTHER BUSINESS 11. CITY MANAGER'S REPORTS City Manager Rowlands requested that the Council Meeting on January 21, 2003, commence at 5:00 p.m. in order for the Council to attend a special event on that date. ACTION: Deputy Mayor Rindone moved to change the time of the Regular Council Meeting of January 21, 2003 from 6:00 p.m. to 5:00 p.m. Councilmember Davis seconded the motion and it carried 5-0. Page 6 - Council Minutes 01/14/03 RESOLUTION 2003- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING FINAL MAP OF CHULA VISTA TRACT NO. 99-05, PARK VIEW ESTATES, ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA PUBLIC STREETS AND EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, AND APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby finds that that certain map survey entitled Chula Vista Tract NO. 99-05, PARK VIEW ESTATES SUBDIVISION, and more particularly described as follows: Being a Subdivision of Lot 13 of Block 2 ofBroderick's Otay Acres, in the City of Chula Vista, County of San Diego, State of California, according to map thereof No. 1 243, filed March 25, 1910 in the Office of the County Recorder of San Diego County. Area: 0.988 acres No. of Lots: 5 Numbered Lots: 5 Lettered Lots: 0 is made in the manner and form prescribed by law and conforms to the surrounding surveys; and that said map and subdivision of land shown thereon is hereby approved and accepted upon receipt by the City of Chula Vista of all improvement securities described in the Subdivision Improvement Agreement. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the public the public street, to-wit: a portion of Date Street and said street is hereby declared to be a public street and dedicated to the public use. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map, and that said public street is accepted on behalf of the public as therefore stated and as granted thereon and shown on said map within said subdivision are accepted on behalf of the City of Chula Vista as hereinabefore stated. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to transmit said map to the Clerk of the Board of Supervisors of the County of San Diego only upon the acceptance by the City of Chula Vista and its City Attorney of the cash deposit described in the Subdivision Improvement Agreement. B~ IT FURTHER RESOLVED that the Subdivision Improvement Agreement dated the day of July, 2003 for the completion of improvements in said subdivision, a copy of which is on file in the office of the City Clerk is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by Clifford L. Swanson, Director of Engineering Ann ~e, City Attorney 2 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE A.ND WILL BE FOR2MALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL ~' U~nn Moore City Attorney Dated: July 7, 2003 SIA for Park View Estates, CVT No. 99-05 Recording Requested by: CITY CLERK When Recorded, Mail to: CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA 91910 No transfer tax is due as this is a conveyance to a public agency of less tMn a fee interest for which no cash consideration has been paid or received. Declarant SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this ~ day of ~'--u I),' ,2003, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and JA.MI~S C. HURRELL, doing business at 6009 Winchester Street, San Diego, CA 92139, hereinafter called "Subdivider," with reference to the facts set forth below, which Recitals constitute a part of this Agreement; RECITALS: WHEREAS, Subdivider is about to present to the City Council of the City of Chula Vista for approval and recordation, a final subdivision map of a proposed subdivision, to be known as PARK VIEW ESTATES (CVT 9%05) pursuant to the provisions of the Subdivision Map Act of the State of California, and in compliance with the provisions of Title I8 of the Chula Vista Municipal Code relating to the filing, approval and r~cordation of subdivision map; and WHEREAS, the Code provides that before said map is finally approved by the Council of the City of Chula Vista, Subdivider must have either installed arid completed all of the public improvements and/or land development work required by the Code to be installed in subdivisions before final maps of subdivisions are approved by the Council for purpose of recording in the Office of the County Recorder of San Diego County, or, as an alternative thereto, Subdivider shall enter into an agreement with City, secured by an approved improvement security to insure the perfom~ance of said work pursuant to the requirements of Title 18 of the Chula Vista Municipal Code, agreeing to install and complete, free of liens at Subdivider's own expense, ali of the public improvements and/or land development work required in said subdivision within a definite period of time prescribed by said Council; and WHEREAS, Subdivider is willing in consideration of the approval and recordation of said map by the Council, to enter into this agreement wherein it is provided that Subdivider will install and complete, at Subdivider's own expense, all the public improvement work required by City in connection with the proposed subdivision and will deliver to City improvement securities as approved by the City Attorney; and WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to certain requirements and conditions, as contained in Resolution No. 2003-017, approved on the 14th day of January, 2003; and WHEREAS, complete plans and specifications for the construction, installation and completion of said public improvement work have been prepared and submitted to the City Engineer, as shown on Drawings Nos. 03022-01 through 03022-03, inclusive, on file. in the office of the City Engineer; WHEREAS, an estimate of the cost of constructing said public improvements according to said plans and specifications has been submitted and approved by the City in the amount of THIRTY-SEVEN THOUSAND SEVEN HUNDRED TWO DOLLARS AND NO CENTS ($37,702.00). NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: 1. Subdivider, for itself and his successors in interest, an obligation the burden of which encumbers and runs with the land, agrees to comply with all of the terms, conditions and requirements of the Tentative Map Resolution; to do and perform or cause to be done and performed, at its own expense, without cost to City, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the City Engineer, all of the public improvement an&'or land development work required to be done in and adjoining said subdivision, including the improvements described in the above Recitals ("Improvement Work"); and will furnish the necessary materials therefore, ali in strict conformity and in accordance with the plans and specifications, which documents have heretofore been filed in the Office of the City Engineer and as described in the above Recitals this reference are incorporated herein and made a part hereof. 2. It is expressly understood and agreed that all monuments have been or will be installed within thirty (30) days after the completion and acceptance of the Improvement Woi'k, and that Subdivider has installed or will install temporary' street name signs if permanent street name signs have not been installed. 3. It is expressly understood and agreed that Subdivider will cause all necessary materials to be furnished and ali Improvement Work required under the provisions of this contract to be done on or before the second anniversary date of Council approval of the Subdivision Improvement Agreement. 4. It is understood and agreed that Subdivider will perform said Improvement Work as set forth hereinabove, or that portion of said Improvement Work serving any buildings or structures ready for occupancy in said subdivision, prior to the issuance of any certificate of clearance for utility connections for said buildings or structures in said subdivision, and such -2- 7 -II certificate shall not be issued until the City Engineer has certified in writing the completion of said public improvements or the portion thereof serving said building or structures approved by the City; provided, however, that the cash deposit shall not be required to cover the provisions of this paragraph. 5. It is expressly understood and agreed to by Subdivider that, in the performance of said Improvement Work, Subdivider will conform to and abide by alt of the provisions of the ordinances of the City of Chula Vista, and the laws of the State of California applicable to said work. 6. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, a cash deposit in the sum of EIGHTEEN THOUSAND EIGHT HUNDRED FIFTY-ONE DOLLARS AND NO CENTS ($18,851.00) which deposit shall guarantee the faithful performance of this contract by Subdivider. 7. Subdivider further agrees to furnish and deliver to the City of Chula Vista simultaneously with the execution of this agreement, a cash deposit in the sum of EIGHTEEN THOUSAND EIGHT HUNDRED FIFTY-ONE DOLLARS AND NO CENTS ($18,851.00) to secure the payment of material and labor in connection with the installation of said public improvements. 8. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, a cash deposit in the sum of ONE THOUSAND FOUR HUNDRED FIFTY DOLLARS AND NO CENTS ($1,450.00) to secure the installation of monuments. 9. It is further agreed that if the Improvement Work is not completed within the time agreed herein, the cash deposit provided by Subdivider may be used by City for the completion' of the Improvement Work within said subdivision in accordance with such specifications herein contained or referred, or at the option of the City, as are approved by the City Council at the time of engaging the work to be performed. Upon certification of completion by the City Engineer and acceptance of said work by City, and after certification by the Director of Finance that ail costs hereof are fully paid, the whole amount, or any part thereof not required for payment thereof, may be released to Subdivider or its successors in interest. Subdivider agrees to pay to the City any difference between the total costs incurred to perform the work, including design and administration of construction (including a reasona[01e allocation of overhead), and any proceeds from the cash deposit. I0. It is also expressly agreed and understood by the parties hereto that in no case will the City of Chula Vista, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefore. 11. It is further understood and agreed by Subdivider that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by City in connection with the approval of the Improvement Work plans and installation of Improvement Work hereinabove provided for, and the cost of street signs and street trees as required by City and approved by the City Engineer shall be paid by Subdivider, and that Subdivider shall deposit, prior to recordation of the Final Map, with City a sum of money sufficient to cover said cost. 12. It is understood and agreed that until such time as all Lmprovement Work is fully completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and any damage to, the streets, alleys, easements, water and sewer lines within the proposed subdivision. It is further understood and agreed that Subdivider shall guarantee all public improvements for a period of one year from date of final acceptance and correct any and all defects or deficiencies arising during said period as a result of the acts or omission of Subdivider, its agents or employees in the performance of this agreement, and that upon acceptance of the work by City, Subdivider shall grant to City, by appropriate conveyance, the public improvements constructed pursuant ~o this agreement; provided, however, that said acceptance shall not constitute a waiver of defects by City as set forth hereinabove. 13. It is understood and agreed that City, as indemnitee, or any officer or employee thereof, shall not be liable for any injury to person or property occasioned by reason of the acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement. Subdivider further agrees to protect and hold the City, its officers and employees, harmless from any and all claims, demands, causes of action, liability or loss of any sort, because of or arising out of acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement; provided, however, that the approved improvement security shall not be required to cover the provisions of this paragraph. Such indemnification and agreement to hold harmless shall extend to damages to adjacent or downstream properties or the taking of property from owners of such adjacent or downstream properties as a result of the construction of said subdivision and the public improvements as provided herein. It shall also extend to damages resulting from diversion of waters, change in the volume of flow, modification of the velocity of the water, erosion or siltation, or the modification of the point of discharge as the result of'the construction and maintenance of drainage systems. The approval of plans providing for any or all of these conditions shall not constitute the assumption by City of any resporisibility for such damage or taking, nor shall City, by said approval, be an insurer or surety for the construction of the subdivision pursuant to said approved improvement plans. The provisions of this paragraph shall become effective upon the execution of this agreement and shall remain in full force and effect for ten (10) years following the acceptance by the City of the improvements. 14. Subdivider agrees to defend, indemnify, and hold harmless the City or its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or ampul, an approval of the City, advisory agency, appeal board, or legislative body concerning a subdivision, which action is brought within the time period provided for in Section 66499.37 of the Government Code of the State of Califomia. 15. Assignability. Upon request of the Subdivider, any or all on-site duties and obligations set forth herein may be assigned to Subdivider's successor in interest if the City Manager in his/her sole discretion determines that such an assigmnent will not adversely affect 7'/3 the City's interest. The City Manager in his/her sole discretion may, if such assignment is requested, permit a substitution of securities by the successor in interest in place and stead of the ori~nal securities described herein so long as such substituted securities meet the criteria for security as set forth elsewhere in this Agreement. Such assi~manent will be in a form approved by the City Attorney. -5- 7-/,/ SIGNATURE PAGE SUBDIVISION IMPROVEMENT AGREEMENT PARK VIEW ESTATES (CVT 99-05) 1N WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA Stephen C. Padilla Jam~ C. g~'~ll ' Mayor Subdivider ATTEST: Susan Bigelow City Clerk Approved as to form by Ann Moore City Attorney (Attach Notary Acknowled~nent) -6- 7 LIST OF EX?IIBITS Exhibit "A" Improvement Security - Faithful Performance Form: Bond Amount: $18,851.00 Exhibit "B" Improvement Security - Material and Labor: Form: Bond Amount: $18,851.00 Exhibit "C" Improvement Security - Monuments: Fonn: Bond ,~mount: $1,450.00 Securities approved as to form and amount by City Attorney Improvement Completion Date: Two (2) years from date of City Council approval of the Subdivision Improvement Agreement. J:\Attomey\SIA\ParkView Estates } STA'RE OF CALIFO~NiA-~ ' }ss. personally appeared ..,-~J~ k'kl.C S ~' ~ £F~ ~/( , p~O~dlly kmuwR ~o m~ (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/their signature(S) on the instrument the person(s) or the entity., which the person(s) acted, executed the instrument. WITNESS my han~~. S~gnature / ~ ~~ NOTARyPU~LIC-C~L FOflNIA ~ Date of Document '~/~'/~ '2-2 - ~o.~of Pages ' ~ . Other s,gnatures not ac~n~w,edged ~p~ £. F~,(~/-~'~ ~~/ 3008 (1/941 (General) ~-17 RESOLUTION 2003- APPROViNG THE SUPPLEMENTAL SUBDIVISION AGREEMENT FOR CHULA VISTA TRACT NO. 99-05, PARK VIEW ESTATES AND AUTHORIZiNG THE MAYOR TO EXECUTE SAID AGREEMENT. WHEREAS, the developer has executed a Supplemental Subdivision Improvement Agreement to satisfy remaining conditions of Resolution 2003-017. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the Supplemental Subdivision Improvement Agreement for Chula Vista Tract NO. 99-05, PARK VIEW ESTATES SUBDIVISION, a copy of which shall be kept on file in the Office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by Clifford L. Swanson Ann Moore Director of Engineering City Attorney J3Engineer~PERMlTSXEY\EY426resolutionParkViewEstatesSSlA.doc THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FOthMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL 0/J~nn Moore City Attorney DRied] July 7, 2003 Supplemental Subdivision Agreement for Park View Estates, CVT No. 99-05 KECORDING REQUEST BY: City Clerk WHEN RECORDED MAIL TO: CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA 91910 No U'ansfer 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 EY-426 Above Space for Recorder's Use SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 99-05 PARK VIEW ESTATES (Conditions 15, 24, 25, 26, 30, 32, 34, 35, 36, 37, 40, 41, 44, 46 and 47 of Resolution 2003-017) This Supplemental Subdivision Improvement Agreement ("Agreement") is made this day of ~5:~-~ ,~, ~'f~ fY, 2003, by and between THE CITY OF CHULA VISTA, California ("City" or Grantee for recorciing purposes only) and JAMES C. HURRZLL ( Developer" or' Grantor"), wnh 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" and as shown on Exhibit "B" attached hereto and incorporated herein ("Property"). The Property is referred to as Park View Estates, Chula Vista Tract No. 99-05 as approved by resolution no. 2003-017. For purposes of this Agreement the term "Project" shall mean "Property". B. Developer is the owner of the Property. C. Developer has applied for and the City has approved a Tentative Subdivision Map commonly referred to as the Park View Estates Tentative Subdivision map, Chula Vista Tract No. 99- 05, ("Tentative Subdivision Map") for the subdivision of the Property. D. The City has adopted Resolution 2003-017 ("TM Resolution") pursuant to which it has approved the Tentative Subdivision Map subject to certain conditions as more particularly described in the TM Resolution. G. City is willing, on the premises, security, terms and conditions herein contained to approve the final map for which Developer has applied ("Final Map") as being in substantial conformance with the Tentative Subdivision Map described in this Agreement. NOW, THEREFORE, in exchange for the mutual covenants, terms and conditions herein contained, the parties agree as set forth below. 1. Agreement Applicable to Subsequent Owners. 1.1 Agreement Binding Upon Successors. This Agreement shall be binding upon and inure to the benefit of the successors, assigns and interests of the parties as to any or all of the Property until released by the mutual consent of the parties. 1.2 Agreement Runs with the Land. The burden of the covenants contained in this Agreement ("Burden") is for the benefit ot~the Property and the City, its successors and assigns and any successor in interest thereto. City is deemed the beneficiary of such covenants for and in its own right and for the purposes of protecting the interest of the community and other parties public or private, in whose favor and for whose benefit of such covenants running with the land have been provided without regard to whether City has been, remained or are owners of any particular land or interest therein. If such covenants are breached, the City shall have the right to exercise all rights and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach to which it or any other beneficiaries of this agreement and the covenants may be entitled. a. Developer Release on Guest Builder Assignments. If Developer assigns any portion of the Project, Developer may have the right to obtain a release of any of Developer's obligations under this Agreement, provided Developer obtains the prior written consent of the City to such release. Such assignment shall, however, be subject to tiffs 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 reasonable 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. Developer, or their successors in interest, shall improve the Project Site with the Project as described in Tentative Subdivision Map, Chula Vista Tract 99-05, except as modified by this Resolution. b. 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 2 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 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. 2. Condition No. 15 of Resolution 2003-017 (NPDES). In satisfaction of Condition No. 15 of Resolution 2003-017, Developer agrees to comply with all applicable regulations established by the United States Environmental Protection Agency CLISEPA) as set forth in the National Pollutant Discharge Elimination System (N.P.D.E.S.) permit requii'ements for urban runoff and storm water discharge and any regulations adopted by the City of Chula Vista pursuant to the N.P.D.E.S. regulations or requirements. Developer further agrees to file a Notice of Intent with the State Water Resources Control Board to obtain coverage under the N.P.D.E.S. General Permit for Storm Water Discharges Associated with Construction Activity and shall implement a Storm Water Pollution Prevention Plan (SWPPP) concurrent with the commencement of grading activities. The SWPPP shall include both construction and post construction pollution prevention and pollution control measures and shall identi fy funding mechanisms for post construction control measures. The Developer further agrees to comply with all the provisions of the N.P.D.E.S. and the Clean Water Program during and after all phases of the development process, including but not limited to: mass grading, rough grading, construction of street and landscaping improvements, and construction of dwelling units. The Developer shall design the Project's storm drains and other drainage facilities to include Best Management Practices to minimize non-point source pollution, satisfactory to the City Engineer. The San Diego Regional Water Quality Control Board has issued a new Municipal Storm Water Permit (Order No. 2001-01). The permit includes regulations such as implementation of Standard Urban Storm Water Mitigation Plans (SUSMPS) and Numeric Sizing Criteria for new residential development. The Developer agrees to comply with all relevant City regulations, when they become effective, including but not limited to incorporation into the design and implementation of the Project temporary and permanent structural Best Management Practices and non- structural mitigation measures that would reduce pollution of storm water runoff to the maximum extent practicable. 3. Condition No. 24 of Resolution 2003-017 (Subdivision Map Indenmity). In satisfaction of Condition No. 24 of Resolution 2003-017 the Developer agrees to defend, indemnify and hold harmless the City and its agents, officers, and employees, from any claim, action or proceeding against the City, or its agents, officers or employees to attack, set aside, void or annul any approval by the City, including approval by its Planning Commission, City Council or any approval by its agents, officers,,or employees wit regard to this subdivision pursuant to Section 66499.37 of the State Map Act provided the City promptly notifies the subdivider of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. 4. Condition No. 25 of Resolution 2003-017 (Erosion and Drainage Indemnity). In satisfaction of Condition No. 25 of Resolution 2003-017, the Developer agrees to hold the City harmless fi.om any liability for erosion, siltation or increase flow of drainage resulting from this project. 5. Condition No. 26 of Resolution 2003-017 (Cable Television). In satisfaction of Condition No. 26 of Resolution 2003-017 the Developer agrees to ensure that all franchised cable television companies ("Cable Company") are permitted equal opportunity to place conduit and provide cable television service to each lot within the subdivision. Developer agrees that the City of Chula Vista may grant access to cable companies fi'anchised by the of City of Chula Vista to place conduit within the City's easement situated with/n the Project. Developer shall restrict access to the conduit to only those franchised c able television companies ~vho are, and remain in compliance with all other rules, regulations, ordinances and procedures regulating and affecting the operation of cable television comparfies as same may have been, or may from time to time be issued by the City of Chula Vista. 6. Condition No. 30 of Resolution 2003-017 (CC&R's). In satisfaction of Condition No. 30 of Resolution 2003-017 the Developer agrees to include provisions assuring maintenance of the private driveway to Lots 3, 4 and 5 within the Declaration of Covenants, Conditions and Restrictio~ (CC&R's). 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. 7. Condition No. 32 of Resolution 2003-017. In satisfaction of Condition No. 32 of Resolution 2003-237 the Developer agrees to comply with all apphcable 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. 8. Condition No. 34 of Resolution 2003-017 (Comply with all conditions prior to building permits). In satisfaction of Condition No. 34 of Resolution 2003-017 the Developer agrees to complete all conditions of approval to the satisfaction of the Director of Planning and Building prior to any use of the project site or issuance of building permits. 9. Condition No. 35 of Resolution 2003-017 (Landscape Plan). In satisfaction of Condition No. 35 of Resolution 2003-017 the Developer agrees to submit a conceptual landscape plan for street tree and fi.ont yard planting that shall be prepared by a registered Landscape Architect per Landscape Manual and shall be submitted for review with the grading plan submittal and subject to the approval of the City's Landscape Planner. 4 '[ 0. Condition No. 36 of Resolution 2003-017 (Fencing Plan). In satisfaction of Condition No. 36 of Resolution 2003-017 the Developer shall provide a fencing plan showing 6 feet screening solid wood fencing beyond the fi~nt yard setbacks between lots along the side and rear yard property lines, to protect the adjacent preserve area within the Otay River Valley Regional Park. The fencing plan shall be reviewed with the grading plan submittal and subject to the approval of the City's Landscape Planner. 1 'l. Condition No. 37 of Resolution 2003-017 (Water Management Plan). In satisfaction of Condition No 37 of Resolution 2003-017 the Developer shall submit a water management plan and irrigation plan for the front yard areas. The water management and irrigation plans shall be submitted along with the grading plan for review and subject to the approval of the City's Landscape Planner. ~ 2. Condition No. 40 of Resolution 2003-017 (Agreement with the Sweetwater Union Iligh School District). In satisfaction of Condition No. 40 of Resolution 2003-017, prior to issuance of building permits, the Developer agrees to come to an agreement with the Sweetwater Union High School District, who is requesting that the project be annexed into the Community Facility District No. 10. ~3. Condition No. 41 of Resolution 2003-017 (Payment of School Fees). In satisfaction of Condition No. 41 o fResolution 2003-017, prior to issuance of building perm/ts, the Developer agrees to pay all school fees and come to an agreement with the Chula Vista Elementary School DisthCto who. is. requesting. . . that the developer annex the project into their new genetic Commumty Facd~ty D~stnct No. 10. Condition No. 44 of Resolution 2003-017 (Comply with ali Codes). In satisfaction of Condition No. 44 of Resolution 2003-017, the Developer agrees to comply with 2001 Energy requirements, 2001 Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, and 2001 National Electrical Code. 1 §. Condition No. 46 of Resolution 2003-017 (Comply with all Codes). In satisfaction of Condition No. 46 of Resolution 2003-017, the Developer agrees to comply with all other applicable sections of the Chula Vista Municipal Code, including the Subdivision section that requires that the final map shall be submitted within 36 months unless an application for an extension is made per Section 18.12.140: 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 Subdivisions Ordinance and Subdivision Manual. ~ 6. Condition No. 47 of Resolution 2003-017. In satisfaction of Conditi0n No. 47 of Resolution 2003-017, flue Developer shall and does hereby agree to indemnify, protect, defend and hold harmless City, its Council members, officers, employees, agents and representatives, from ar/d 5 against any and all Iiabihties, losses, damages, demands, claim~ and costs, including court costs and attorneys' fees (collectively, "liabilities") incurred by the City arising, directly or indirectly, fi.om (a) City's approval and issuance of this tentative subdivision map, (b) City's approval or issuance of any other permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein. Developer further acknowledges and agrees that compliance xvith this provision is an express condition of this map and this provision shall be binding on any and all of Developer's successors and assigns. '17. Satisfaction of Conditions. City agrees that the execution of this Agreement constitutes satisfaction or partial satisfaction of Developer's obligation for this Project of Conditions 15, 24, 25, 26, 30, 32, 34, 35, 36, 37, 40, 41, 44, 46 and 47 of Resolution 2003-017. '18. Unfulfilled Conditions. Developer hereby agrees, unless otherwise conditioned, that Developer shall comply with all unfulfilled conditions of approval of the Park View Estates, Chula Vista Tract No. 99-05 Tentative Map (adopted by Resolution 2003-017) and shall remain in compliance with a nd implement t he terms, conditions a nd provisions o f t he Resolution. 19. Recording. This Agreement, or an abstract hereof prepared by either or both parties, may be recorded by either party. 20. Assignability. Upon request of the Developer, any or all on-site duties and obligations set forth herein may be assigned to subdivider's successor in interest if the City Manager in his/her sole discretion determines that such an assignment will not adversely affect the City's interest. The City Manager in his/her sole discretion may, if such assignment is requested, permit a substitution of securities by the successor in interest in place and stead of the original securities described herein, so long as such substituted securities meet the criteria for security a s s et forth elsewhere i n t his Agreement. Such a ssignmeut w ill be in a form approved by the City Attorney. 2'1. Building Permits. Developer understands and agrees that the City may withhold the issuance of building permits for the Project, should the Developer be determined by the City to be in breach of any of the terms of this Agreement. The City shall provide the Developer of notice of such determination and allow the Developer with reasonable time to cure said breach. 22. 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 6 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, certifi ed o r registered m ail, retum receipt requested, first-class postage prepaid, addressed to the address indicated in this Agreement. A party may change such address for the purpose of this paragraph by giving written notice of such change to the other party. CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA 91910 Atto: Director of Engineering Developer: James C. Hurrell ' 6009 Winchester Street San Diego, CA 92139 A party may change such address for the purpose of this paragraph by giving written notice of such change to the other party in the manner provided in this paragraph. b. Captions. Captions in this Agreement are inserted for convenience of reference and do not define, describe or limit the scope or intent of this Agreement or any of its terms. c. Entire Agreement. This Agreement contains the entire agreement between the parties regarding the subject matter hereof. Anyprior oral or written representations, agreements, understandings, and/or statements shall be of no rome 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 t. tfis Agreement. e. Recitals; Exhibits. Any recitals set forth above and exhibits referenced herein 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 judgrnent against the other for an mount equal to reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. (NEXT PAGE IS SIGNATURE PAGE) 8 [SIGNATURE PAGE FOR SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR PARK VIEW ESTATES, CVT 99-05] IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first herein above set forth. TI-HE CITY OF CHULA VISTA James C. Hun:ell By: ~~ Stephen C. Padilla Mayor Attest: Susan Bigelow City Clerk Approved as to fonn by Ann Moore City Attorney (Attach Notary Acknowledgment) List of Exhibits: Exhibit "A" Legal Description Exhibit "B" Plat of Property J:kEngine~r~PERMITSXEY~Y426S S iA.doc EXHIBIT "A" BEING A SUBDIVISION OF LOT I3 OF BLOCK2 OF GRODERICK'S OTAY ACRES, IN TI-~ CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO T HE M AP T HEREOF N O. 1 243, F II.ED M ARCH 2 5, 1 910, I N T HE OFFICE O F THE COUNTY RECORED OF SAN DIEGO COUNTY. lO } STATE OF CALIF~RI~A }ss. personally appeared ~_~ ¢, ~ /~ , pe~3on~wn to m~ (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ids), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. ~/ MvComATs~onExpims . Date of Document 7r/0~ No. 0, Pages ¢ '. fl. 3008 (1 ~41 (General) COUNCIL AGENDA STATEMENT Item No.: ~ Meeting Date: 7/15/03 ITEM TITLE: Resolution of the City of Chula Vista Council waiving the formal bidding process and approving a two-party agreement between the City of Chula Vista and RECON for consulting services to prepare an environmental impact report (EIR) for the City's General Plan Update, and authorizing the Mayor to execute s~d agreement. SUBMITTED BY: Director of Planning and Buildi~gl(~ 0w (4/5ths Vote: Yes No X ) REVIEWED BY: City Manage c~ The item before the City Council is a request to waive the formal bidding process and approve a two-party agreement with RECON for consulting services to prepare an environmental impact report (EIR) for the City's General Plan Update for an amount not to exceed $317,887, including a 15 percent contingency. RECOMMENDATION: That the City Council adopt a Resolution waiving the formal bidding process and approving a two- party agreement between the City of Chula Vista and RECON for consulting services to prepare an environmental impact report (EIR) for the City's General Plan Update, and authorizing thc Mayor to execute said agreement. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: Background The City of Chula Vista is in the process of comprehensively updating its General Plan, which was last comprehensively updated in 1989. An assessment of the potential environmental impacts associated with the land use and transportation alternatives under consideration and the preparation of an environmental impact report (EIR) are integral components of this process. Under an existing two-party agreement approved by the City Council on November 26, 2002, RECON is in the process of finalizing ten (10) environmental baseline studies, each of which addresses a specific environmental subject area. These studies provide baseline information on existing conditions, plans, policies, and regulations and identify preliminary planning issues and policy implications pertinent to the General Plan Update process. These studies will also be utilized as the basis for the environmental setting in the General Plan Update EIR. The agreement proposed at this time is for the preparation of the General Plan Update EIR. Page 2, Item No.: ~ Meeting Date: 7/15/03 Consultant Services Selection Process On July 18, 2002, a Request For Proposals (RFP) for the preparation of certain environmental baseline studies in support of the General Plan Update was distributed to applicable firms included on the City's list of qualified environmental consultants as well as to a number of prominent environmental consulting f~rms throughout the State of Califomia not presently on the City's list. In addition, the availability of the RFP was advertised on the Association of Environmental Professionals, California Chapter website. A total of five proposals were received in response to the RFP. After interviewing the four top- rated firms, the Selection Committee determined that RECON demonstrated that they were the most capable firm to perform the services as required for the preparation of the environmental baseline studies. The City Council approved a two-party agreement with RECON to perform this work on November 26, 2002. In order to inform prospective proposers of the possibility that the City may elect to waive the formal bidding process and negotiate exclusively with the selected proposer for the preparation of the General Plan Update EIR, the following statement was included in Section V. (Authority of the City of Chula Vista) of the RFP: "The City of Chula Vista reserves the right to either negotiate exclusively with the selected proposer for the preparation of the Environmental Impact Report for the City's General Plan Update or to issue a subsequent RFP for such work, in which case the selected proposer would be eligible to submit a proposal for such work." RECON has performed satisfactorily under the two-party agreement for the preparation of the General Plan Update environmental baseline studies. The Environmental Review Coordinator has determined that RECON has acquired in-depth knowledge of Chula Vista General Plan- related environmental issues through the preparation of the environmental baseline studies as well as through the presentation and discussion of these studies with the General Plan Update Environment, Open Space, and Sustainable Development Subcommittee. The Environmental Review Coordinator has determined that RECON's comprehensive familiarity with the Chula Vista General Plan study area, coupled with the knowledge gained through the preparation of the environmental baseline studies, makes RECON uniquely qualified to serve as the Consultant for this project. It is staff's recommendation that the City Council waive the City's formal bidding process on the grounds that competitive bidding is impractical and that it is in the City's best interest to retain RECON as a consultant to meet the project schedule. The Consultant represents that they are experienced and staffed in a manner such that they can prepare and deliver the required services to the City within the necessary time frames. The Environmental Review Coordinator has negotiated the details of this agreement in accordance with procedures set forth in Section 6.5.2 of the Environmental Review Procedures. Page 3, Item No.: ~ Meeting Date: 7/15/03 Scope of Work: RECON will function as the Consultant to the City of Chula Vista under a two-party agreement under the supervision of the City's Environmental Review Coordinator. The responsibilities of the Consultant are briefly sunnuarized below. Prior to commencing with the preparation of the General Plan Update EIR, Consultant will analyze the environmental effects associated with a preliminary worst-case citywide land use/transportation alternative identified by staff, based in part on General Plan amendment applications filed by private landowners. The results of this preliminary analysis will assist staff, the General Plan Update Steering Committee, Planning Commission, and City Council in formulating three citywide land use/transportation alternatives for consideration through the General Plan Update process. Consultant will prepare a draft EIR for the City's General Plan Update in accordance with the California Environmental Quality Act (CEQA). Three citywide land use/transportation alternatives, as well as the Preferred Altemative upon which the proposed General Plan Update map and text will be based, will be addressed at an equal program level of analysis. Following public review of the draft EIR, Consultant will assist in preparing responses to comments received and will prepare a final EIR for consideration by the Planning Commission and City Council in conjunction with the proposed General Plan Update. Contract Payment The total cost of the contract for consulting services is a fixed fee of $276,424, plus a 15 pement contingency of $41,463, for a total of $317,887. ENVIRONMENTAL IMPACT: The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. Page 4, Item No.: ~ Meeting Date: 7/15/03 FISCAL IMPACT: On November 6, 2001, the City Council approved an overall work program and budget for the two- plus year General Plan Update project. Included in that work program and budget were preparation of several studies to be done by consultants, including preparation of an EIR. Funding for these studies has already been included within the City General Plan Update CIP. Costs for preparation of the EIR is within the ranges identified in the approved General Plan budget, and no further budget actions are required in conjunction with approval of this two-party agreement. It has been determined that one-third of the base cost of $276,424 to prepare the EIR, or $92,141, is associated with the Otay Ranch evaluations, and will be funded by developer deposits, provided through separate processing agreements. The remaining two-thirds of the base cost to prepare the EIR, $184,283, plus the 15 percent contingency (maximum cost of $41,463) will be paid through the approved General Plan Update CIP. RESOLUTION NO. RESOLUTION OF THE CITY OF CHULA VISTA COUNCIL WAiViNG THE FORMAL BiDDING PROCESS AND APPROVING A TWO-PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND RECON FOR CONSULTiNG SERVICES TO PREPARE AN ENVIRONMENTAL IMPACT REPORT (E1R)FOR THE CITY'S GENERAL PLAN UPDATE, AND AUTHORIZING THE MAYOR TO EXECUTE SAD AGREEMENT. WHEREAS, on November 6, 2001, the City Council approved an overall work program and budget for the two-plus year General Plan Update project, which includes the preparation of several studies to be done by consultants, including preparation of an environmental impact report (EIR), and; WHEREAS, the City of Chula Vista is currently in the process of a comprehensive update of the General Plan, and; WHEREAS, the preparation of an environmental impact report in accordance with the California Environmental Quality Act is a necessary component of the General Plan update process, and; WHEREAS, RECON has acquired in-depth knowledge of Chula Vista General Plan- related environmental issues through the preparation of the environmental baseline studies as well as through the presentation and discussion of these studies with the General Plan Update Environment, Open Space, and Sustainable Development Subcommittee, and; WHEREAS, RECON's comprehensive familiarity with the Chula Vista General Plan study area, coupled with the knowledge gained through the preparation of the environmental baseline studies, makes RECON uniquely qualified to serve as the Consultant for this project, and; WHEREAS, the City Council waives the City's formal bidding process on the grounds that competitive bidding is impractical and that it is in the City's best interest to retain RECON as a consultant to meet the project schedule, and; WHEREAS, the Consultant warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Consultant to City within the time frames herein provided all in accordance with the terms and conditions of this Agreement, and; WHEREAS, the Environmental Review Coordinator has negotiated the details of this agreement in accordance with procedures set forth in the Environmental Review Procedures and in Section 2.56 of the Chula Vista Municipal Code, and; WHEREAS, funding for the preparation of the EIR has already been included within the City's General Plan Update CIP and one-third of the base cost to prepare the EIR, or $92,141, is associated with the Otay Ranch evaluations, and will be funded by developer deposits provided through separate processing agreements, and; WHEREAS, the proposed agreement with RECON to prepare the EIR is for a fixed fee of $276,424, plus a 15 percent contingency ($41,463), which is within the ranges identified in the approved General Plan Update CIP budget, and; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the two-party agreement between the City of Chula Vista and RECON, Consultant, for consulting services to an EIR for the City's General Plan Update, and; BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said Agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by Robert A. Leiter Ann~~~/~ '-'~g'x'ff Director of Planning and Building City Attorney THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL Ann Moore City Attorney Dated: July 3. 2003 Two-Party Agreement between the City and Recon for Consulting Services to Prepare an Environmental Impact Report Parties and Recital Page (8) Agreement between City of Chula Vista and RECON for Environmental Consulting Services This agreement ("Agreement"), dated July 8, 2003, for the purposes of reference only, and effective as of the date last executed unless another date is otherwise specified in Exhibit A, Paragraph 1 is between the City-related entity as is indicated on Exhibit A, paragraph 2, as such ("City"), whose business form is set forth on Exhibit A, paragraph 3, and the entity indicated on the attached Exhibit A, paragraph 4, as Consultant, whose business form is set forth on Exhibit A, paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A, paragraph 6 ("Consultant"), and is made with reference to the following facts: Recitals WHEREAS, on November 6, 2001, the City Council approved an overall work program and budget for the two-plus year General Plan Update project, which includes the preparation of several studies to be done by consultants, including preparation of an environmental impact report (EIR) , and; WHEREAS, the City of Chula Vista is currently in the process of a comprehensive update of the General Plan, and; WHEREAS, the preparation of an environmental impact report in accordance with the California Environmental Quality Act is a necessary component of the General Plan update process, and; WHEREAS, RECON has acquired in-depth knowledge of Chula Vista General Plan-related environmental issues through the preparation of the environmental baseline studies as well as through the presentation and discussion of these studies with the General Plan Update Environment, Open Space, and Sustainable Development Subcommittee, and; Two Party Agreement July 8, 2003 Page 1 ------- ~3 -3? I ---- WHEREAS., RECON's comprehensive familiarity with the Chula Vista General Plan study area, coupled with the knowledge gained throuHh the preparation of the environmental baseline studies, makes RECON uniquely qualified to serve as the Consultant for this project, and; WHEREAS, the City Council waives the City's formal bidding process on the grounds that competitive bidding is impractical and that it is in the City's best interest to retain RECON as a consultant to meet the project schedule, and; WHEREAS, the Consultant warrants and represents that they are experienced and staffed in a manner such that they .are and can prepare and deliver the services required of Consultant to City within the time frames herein provided all in accordance with the terms and conditions of this AHreement, and; WHEREAS, the Environmental Review Coordinator has negotiated the details of this aHreement in accordance with procedures set forth in the Environmental Review Procedures and in Section 2.56 of the Chula Vista Municipal Code. (End of Recitals. Next Page starts ObliHatory Provisions. Two Party Agreement July 8, 2003 Page 2 Obligatory Provisions Pages NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually agree as follows: 1. Consultant's Duties A. General Duties Consultant shall perform all of the services described on the attached Exhibit A, Paragraph 7, entitled "General Duties"- and, , B. Scope of Work and Schedule In the process of performing and delivering said "General Duties", Consultant shall also perform all of the services described in Exhibit A, Paragraph 8, entitled" Scope of Work and Schedule", not inconsistent with the General Duties, according to, and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth therein, ,time being of the essence of this agreement. The General Duties and the work and deliverables required in the Scope of Work and Schedule shall be herein referred to as the "Defined Services', Failure to complete the Defined Services by the times indicated does not, except at the option of the City, operate to terminate this Agreement. C. Reductions in Scope of Work City may independently, or upon request from Consultant, from time to time reduce the Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. D. Additional Services In addition to performing the Defined Services herein set forth, City may require Consultant to perform additional consulting services related to the Defined Services ("Additional Services,,), and upon doing So in writing, if they are within the scope of services offered by Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in the Two Party Agreement July 8, 2003 Page 3 "Rate Schedule" in Exhibit A, Paragraph 11 (C), unless a separate fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. E. Standard of Care Consultant, in performing any Services under this agreement, whether Defined Services or Additional Services, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. F. Insurance Consultant represents that it and its agents, staff and subconsultants employed by it in connection with the Services required to be rendered, are protected against the risk of loss by the following insurance coverages, in the following categories, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or shall meet with the approval of the City: Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 9. Commercial General Liability Insurance including Business Automobile Insurance coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied separately to each project away from premises owned or rented by Consultant, which names City as an Additional Insured, and which is primary to any policy which the City may otherwise carry ("Primary Coverage"), and which treats the employees of the City in the same manner as members of the general public ("Cross-liability Coverage"). Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9, unless Errors and Omissions coverage is included in the General Liability policy. G. Proof of Insurance Coverage. (1) Certificates of Insurance. Consultant shall demonstrate proof of coverage herein required, prior to the commencement of services required under this Agreement, by delivery of Certificates of Insurance Two Party Agreement July 8, 2003 Page 4 demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. (2) Policy Endorsements Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Consultant.s Commercial General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City demonstrating same, which shall be reviewed and approved by the Risk Manager. H. Security for Performance. (1) Performance Bond. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Performance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Performance Bond"), then Consultant shall provide to the City a performance bond by a surety and in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Performance Bond", in said Paragraph 19, Exhibit A. (2) Letter of Credit. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City an irrevocable letter of credit callable by the City at their unfettered discretion by submitting to the bank a letter, signed by the City Manager, stating that the Consultant is in breach of the terms of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Letter of Credit", in said Paragraph 19, Exhibit A. (3) Other Security In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark Two Party Agreement July 8, 2003 Page 5 in the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then Consultant shall provide to the City such other security therein listed in a form and amount satisfactory to the Risk Manager or City Attorney. I. Business License Consultant agrees to obtain a business license from the City and to otherwise comply with Title 5 of the Chula Vista Municipal Code. 2. Duties of the City A. Consultation and Cooperation City shall regularly consult the Consultant for the purpose of reviewing the progress of the Defined Services and Schedule therein contained, and to provide direction and guidance to achieve the objectives of this agreement. The City shall permit access to its office facilities, files and records by Consultant throughout the term of the agreement. In addition thereto, City agrees to provide the information, data, items and materials set forth on Exhibit A, Paragraph 10, and with the further understanding that delay in the provision of these materials beyond 30 days after authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's performance of this agreement. B. Compensation Upon receipt of a properly prepared billing from Consultant submitted to the City periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City shall compensate Consultant for all services rendered by Consultant according to the terms and conditions set forth in Exhibit A, Paragraph 11, adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the requirements for retention set forth in paragraph 19 of Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 12. All billings submitted by Consultant shall contain sufficient information as to the propriety of the billing to permit the City to evaluate that the amount due and payable thereunder is proper, and shall specifically contain the City's Two Party Agreement July 8, 2003 Page 6 account number indicated on Exhibit A, Paragraph 18 (C) to be charged upon making such payment. 3. Administration of Contract Each party designates the individuals ("Contract Administrators,,) indicated on Exhibit A, Paragraph 13, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. 4. Term. This Agreement shall terminate when the Parties have complied with all executory provisions hereof. 5. Liquidated Damages The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 14. It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting from delay in performance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay. Failure to complete the Defined Services within the allotted time period specified in this Agreement shall result in the following penalty: For each consecutive calendar day in excess of the time specified for the completion of the respective work assignment or Deliverable, the consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate"). ' Time extensions for delays beyond the consultant's control, other than delays caused by the City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the expiration of the specified time. Extensions of time, when granted, will be based upon the effect of delays to the work and will not be granted for delays to minor portions of work unless it can be shown that such delays did or will delay the progress of the work. Two Party Agreement July 8, 2003 Page 7 6. Financial Interests of Consultant A. Consultant is Designated as an FPPC Filer. If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer", Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 15 of Exhibit A, or if none are specified, then as determined by the City Attorney. B. Decline to Participate. Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. C. Search to Determine Economic Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this agreement. D. Promise Not to Acquire Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. E. Duty to Advise of Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the City Attorney of City if Consultant Two Party Agreement July 8, 2003 Page 8 learns of an economic interest of Consultant's which may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. F. Specific Warranties Against Economic Interests. consultant warrants and represents that neither Consultant, nor Consultant's immediate family men~ers, nor Consultant's employees or agents ("Consultant Associates,.) presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Defined Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 15. Consultant further warrants and represents that no promise of future emplolzment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates in connection with Consultant's performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the TeI~n of this Agreement, or for 12 months thereafter. Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration of this Agreement, except with the written permission of City. Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party which may be in conflict with Consultant.s~responsibilities under this Agreement, except with the written permission of City. 7. Hold Harmless Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys fees) arising out of or alleged by third parties to be the result of the negligent acts, errors or omissions or the willful misconduct of the Consultant, and Consultant's employees, subcontractors or other persons, agencies or firms for whom Consultant is legally responsible in connection with the execution of the work covered by this Agreement, except only for those claims, damages, liability, Two Party Agreement July 8, 2003 Page 9 costs and expenses (including without limitations, attorneys fees) arising from the sole negligence or sole willful misconduct of the City, its officers, employees. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the City, its agents, officers, or employees which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party. With respect to losses arising from Consultant's professional errors or omissions, Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys fees) except for those claims arising from the negligence or willful misconduct of City, its officers or employees. Consultant's indemnification shall include any and all costs, expenses, attorneys fees and liability incurred by the City, its officers, agents or employees in defending against such claims, whether the same proceed to judgment or not. Consultant's obligations under this Section shall not be limited by any prior or subsequent declaration by the Consultant. Consultant's obligations under this Section shall survive the termination of this Agreement. For those professionals who are required to be licensed by the state (e.g. architects and engineers), the following indemnification provisions ~hould be utilized: 1. Indemnification and Hold Harmless Agreement. With respect to any liability, including but not limited to claims asserted or costs, losses, attorney fees, or payments for injury to any person or property caused or claimed to be caused by the acts or omissions of the Consultant, or Consultant's employees, agents, and officers, arising out of any services performed involving this project, except liability for Professional Services covered under Section X.2, the Consultant agrees to defend, indemnify, protect, and hold harmless the City, its agents, officers, or employees from and against all liability. Also covered is liability arising from, connected with, caused by, or claimed to be caused by the active or passive negligent acts or omissions of the City, its agents, officers, or Two Party Agreement July 8, 2003 Page 10 employees which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party. The Consultant's duty to indemnify, protect and hold harmless shall not include any claims or liabilities arising from the sole negligence or sole willful misconduct of the City, its agents, officers or employees. This section in no way alters, affects or modifies the Consultant's obligation and duties under Section Exhibit A to this Agreement. 2. Indemnification for Professional Services. As to the Consultant's professional obligation, work or services involving this Project, the Consultant agrees to indemnify, defend and hold harmless the City, its agents, officers and employees from and against any and all liability, claims, costs, and damages, including but not limited to, attorneys fees, lo'sses or payments for injury to any person or property, caused directly or indirectly from the negligent acts, errors or omissions of the Consultant or Consultant's employees, agents or officers; provided, however, that the Consultant's duty to indemnify shall not include any claims or liability arising from the negligence or willful misconduct of the City, its agents, officers and employees. 8. Termination of Agreement for Cause If, through any cause, Consultant shall fail to fulfill in a timely and proper manne~ Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Consultant shall, at the option of the City, become the property of the City, and Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused City by Consultant,s breach. Two Party Agreement July 8, 2003 Page 11 9. Errors and Omissions In the event that the City Administrator determines that the Consultants' negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions, Consultant shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit City's rights under other provisions of this agreement. 10. Termination of Agreement for Convenience of City City may terminate this Agreement at any time and for any reason, by giving specific written notice to Consultant of such termination and specifying~ the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the City, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. 11. Assignability The services of Consultant are personal to the City, and Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of City. City hereby consents to the assignment of the portions of the Defined Services identified in Exhibit A, Paragraph 17 to the subconsultants identified thereat as "Permitted Subconsultants". 12. Ownership, Publication, Reproduction and Use of Material All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be Two Party Agreement July 8, 2003 Page 12 subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. 13. Independent Contractor City is interested only in the results obtained and Consultant shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant and any of the Consultant's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal income tax, social security tax or any other payroll tax, and Consultant shall be solely responsibie for the payment of same and shall hold the City harmless with regard thereto. 14. Administrative Claims Requirements and Procedures No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 15. Attorney's Fees Should a dispute arising out of this Agreement result in. litigation, it is agreed that the prevailing party shall be Two Party Agreement July 8, 2003 Page 13 entitled to a judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. 16. Statement of Costs In the event that Consultant prepares a report or document, or participates in the preparation of a report or document in performing the Defined Services, Consultant shall include, or cause the inclusion of, in said report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. 17. Miscellaneous A. Consultant not authorized to Represent City Unless specifically authorized in writing by City, Consultant shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. B. Consultant is Real Estate Broker and/or Salesman If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their principals is/are licensed with the State of California or some other state as a licensed real estate broker or salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are licensed real estate brokers or salespersons. C. Notices All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified herein as the places of business for each of the designated parties. Two Party Agreement July 8, 2003 Page 14 D. Entire Agreement This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement.of such amendment, waiver or discharge is sought. E. Capacity of Parties Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. F. Governing Law/Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. [end of page. next page is signature page.] Two Party Agreement July 8, 2003 Page 15 Signature Page to Agreement between City of Chula Vista and RECON for Environmental Consulting Services IN WITNESS WHEREOF, City and Consultant have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dated: 2003 City of Chula Vista by: Stephen C. Padilla, Mayor Attest: Susan Bigelow, City Clerk Approved as to form: Ann Moore, City Attorney Consultant: RECON By: ~ Charles S. Bull, President Date '7 - ~ ~ ~ Two Party Agreement July 8, 2003 Page Exhibit A to Agreement between City of Chula Vista and RECON 1. Effective Date of Agreement: July 15, 2003 2. City-Related Entity: (X) City of Chula Vista, a municipal chartered corporation of the State of California ( ) Redevelopment Agency of the City of Chula Vista, a political subdivision of the State of California ( ) Industrial Development Authority of the City of Chula Vista, a ( ) Other: [insert business form] ("City") 3. Place of Business for City: City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910 4. Consultant: RECON 5. Business Form of Consultant: ( ) Sole Proprietorship ( ) Partnership (X) Corporation 6. Place of Business, Telephone and Fax Number of Consultant: 1927 Fifth Avenue San Diego, California 92101-2358 Two Party Agreement July 8, 2003 Page A-1 Voice Phone: (619) 308-9333 Fax Phone: (619) 308-9334 7. General Duties: Consultant shall prepare an environmental impact report (EIR) for the City of Chula Vista General Plan Update (GPU) in accordance with the California Environmental Quality Act (CEQA) . Consultant shall work closely with the City of Chula Vista staff to ensure that the EIR meets all of the City's needs. The EIR shall comply with the California Environmental Quality Act (CEQA) of 1970 as amended (Public Resources Code Section 21000 et seq.); the State CEQA Guidelines as amended (California Code of Regulations Section 15000 et seq.); the Environmental Review Procedures of the~ City of Chula Vista; and the regulations, requirements, and procedures of all applicable responsible and trustee agencies pursuant to CEQA. All Detailed Services described herein shall be performed by the Consultant to the satisfaction of the City's Environmental Review Coordinator. The draft and final EIR's shall be prepared in such a manner that they will be meaningful and useful to decisionmakers and to the public. 8. Scope of Work and Schedule: A. Detailed Scope of Work: I. EIR Outline The EIR to be prepared by Consultant shall include the required sections of an EIR, as set forth in applicable law including State CEQA Guidelines Sections 15122 through 15132. The EIR shall be formatted as directed by the City's Environmental Review Coordinator and shall include, but not be limited to, the following sections: · Table of Contents · Executive Summary · Introduction · Project Description Two Party Agreement July 8, 2003 Page A-2 · Environmental Analysis · Alternatives · Cumulative Impacts · Growth-Inducing Impacts Significant Irreversible Environmental Changes · Effects Not Found to be Significant · References · List of Preparers Consultant shall compile supporting documents into a separate volume(s) to be referred to as the Technical Appendices to the EIR. The Technical Appendices shall include the Notice of Preparation (NOP), responses to the NOP, and any technical reports and relevant technical information generated in conjunction with the preparation of the EIR. All documents shall be prepared in Microsoft Word 200~. II. Task 1 - Preliminary Citywide Land Use/Transportation Alternatives Assessment Report Based on the preliminary worst case citywide land use/transportation alternative and up to three additional preliminary citywide land use/transportation alternatives developed by City staff, RECON will complete a technical assessment of the environmental issues listed below to identify environmental fatal flaws and to compare the environmental effects of alternative land use and transportation scenarios, based in part on analysis conducted by City staff and other City consultants (e.g., City's transportation consultant), and will document their findings in a report (Deliverable No.1). This analysis will provide input into the formulation of final citywide land use/transportation alternatives by City staff and the GPU Steering Committee that will be evaluated in the EIR. Issues to be assessed include: · Geology and Soils · Biological Resources · Cultural Resources · Air Quality · Noise · Agricultural Resources · Landform Alteration/Aesthetics Two Party Agreement July 8, 2003 Page A-3 · Public Services · Utilities and Service Systems Transportation · Hazards · Mineral Resources · Hydrology and Water Quality III. Task 2 - Notice of Preparation Consultant will review the Environmental Baseline Studies and pertinent Areawide Studies prepared for the City of Chula Vista GPU. After the preferred citywide land use/ transportation alternative has been defined by the City, Consultant will p~epare a draft Notice of Preparation (NOP) when directed by the City's Environmental Review Coordinator (Deliverable No.2) . The NOP shall contain the project description and proposed scope of work for the draft EIR. City staff will review the draft NOP and, if necessary, will provide comments to Consultant. Consultant shall incorporate the City's comments and provide the City with a final NOP (Deliverable No.3). Comments received during the 30-day NOP public comment period will be used to finalize the scope of work for the draft EIR. IV. Task 3 - First Screencheck Draft EIR and Associated Technical Reports Consultant shall prepare a description of existing conditions for, collect data on, and analyze potential impacts pertaining to each of the specific environmental issues described below and prepare and submit ten (10) copies of the first screencheck draft EIR and associated technical reports to the City for review and comment (Deliverable No.4). Due to scheduling constraints, it is anticipated that only citywide land use/transportation alternatives A, B, and C will be available for analysis in time for inclusion in the first screencheck draft EIR; therefore, the preferred citywide land use/transportation alternative will be addressed in the second screencheck draft EIR. Two Party Agreement July 8, 2003 Page A-4 The following is an outline of the contents for the first screencheck draft EIR. The preparation of technical reports and any modeling required to complete these reports is addressed under the specific issue areas. · Executive Summary -- This section will summarize the significance of environmental effects, mitigation measures, and level of significance after mitigation associated with each land use/transportation alternative analyzed in the EIR, as well as summarize cumulative impacts and the evaluation of CEQA alternatives. This section shall include a matrix, which provides a comparison of the significant effects of each of the land use/transportation alternatives. · Introduction -- This section of the EIR will describe the project background, purpose and need, and objectives. The introduction will also provide an overview of the CEQA process and discretionary actions associated with the proposed Project. · Project Description -- This section will describe in detail the key features of the proposed GPU. It is anticipated that the EIR will assess the environmental impacts of three citywide land use/transportation alternatives and the preferred alternative at an equal level of analysis. The preferred alternative will either be one of the three citywide alternatives or a fourth citywide alternative comprised of various components of the three. · Environmental Analysis -- This section will present a discussion of existing conditions based in part on the completed GPU Environmental Baseline Studies and pertinent GPU Areawide Studies. This section will also present an analysis of each of the environmental issues identified in IV.a through IV.n below. The analysis will identify potentially significant environmental impacts that could result from adoption of each of the citywide land use/transportation alternatives and proposed mitigation measures to reduce or avoid the identified Two Party Agreement July 8, 2003 Page A-5 impacts. Impact analysis shall be conducted at both a plan-to-plan (proposed General Plan alternatives versus adopted General Plan) and plan-to-ground (proposed General Plan alternatives versus existing baseline conditions) level of analysis. · Cumulative Impacts - This section will address the anticipated impacts of the citywide land use/transportation alternatives in combination with the anticipated impacts of long-range land use/transportation plans for neighboring jurisdictions as well as relevant regional plans (e.g., air quality). · Other Mandatory CEQA EIR Sections -- Consultant will prepare the following EIR sections required pursuant to CEQA in accordance with the State CEQA Guidelines: Growth-Inducing Impacts,? Significant Irreversible Environmental Changes, and Effects Not Found to be Significant. · References · List of Preparers · Technical Appendices Specific Issues to be Addressed in First Screencheck Draft EIR: a. Land Use and Planning Describe and assess any potential land use compatibility impacts and inconsistencies with pertinent adopted local, regional, state, and federal plans, programs, and policies. Describe the relationship of the proposed land use changes and policy modifications with the adopted General Plan, and assess the potential for significant land use and planning impacts associated with the proposed changes. Develop recommendations for mitigatioh measures to reduce potentially significant land use impacts. Two Party Agreement July 8, 2003 Page A-6 b. Landform Alteration/Aesthetics Currently, portions of the General Plan area are developed and other portions are undeveloped. Ultimate buildout of the adopted General Plan and buildout of the land use/transportation alternatives analyzed in the EIR would change certain natural landforms and the visual character of certain areas. The EIR will evaluate the potential landform alteration and aestheti~ impacts associated with the adopted General Plan and the land use/transportation alternatives. c. Transportation The transportation study will be prepared under separate contract to the City of Chula Vista. Consultant will work with the City's transportation consultant to evaluate the potential impacts associated with the adopted General Plan and the land use/transportation alternatives. The transportation study will reflect current transit plans affecting the General Plan area and will address alternative level of service standards to be considered by the City through the General Plan Update process. The City's transportation consultant will prepare a draft EIR transportation section, which the Consultant will review and comment on with respect to CEQA adequacy and EIR format consistency. Based on the Consultant's and City staff's comments, the City's .transportation consultant will revise the transportation section of the EIR until it is deemed acceptable by the City's Environmental Review Coordinator. d. Air Quality The analysis of air quality impacts will be based on state and federal ambient air quality standards and on compatibility with the adopted air quality plans for the San Diego Air Basin. The air quality analysis will evaluate localized and regional impacts. Consultant will complete an air quality analysis for each of the land use/transportation alternatives based on Two Party Agreement July 8, 2003 Page A-7 traffic volume projections provided by City staff as well as major stationary sources to the extent possible, the results of which will be documented in an air quality technical report. This analysis will involve the completion of a Caline carbon monoxide hot spot model for a typical intersection, with a receiver placed at a distance of 50 feet from a circulation element roadway, and a potential exposure level will be calculated. e. Noise Consultant will complete a noise analysis for each of the land use/transportation alternatives based on traffic volume projections provided by City staff, the'results of which will be documented in a noise technical report. Community noise analysis will be completed using the Federal Highway Administration Noise Prediction Model STAMINA 2.0 version, to determine the future community noise equivalent levels (CNEL). Policies will be recommended where necessary to mitigate identified impacts. f. Cultural Resources Consultant will review secondary sources for historic, prehistoric, and paleontological resources and will evaluate the potential for the land use/transportation alternatives to result in significant impacts on such resources. Recommendations for policies and mitigation procedures will be made to lessen adverse effects to such resources. g. Biological Resources Consultant will evaluate the potential impacts to biological resources associated with the land use/transportation alternatives in light of the Chula Vista Multiple Species Conservation Program (MSCP) Subarea Plan and other existing sources of information on biological resources within the General Plan area. This assessment will consider the extent to which the land use/transportation alternatives and proposed General Plan policies conform to the Chula Vista MSCP Subarea Plan, the Two Party Agreement July 8, 2003 Page A-8 Otay Ranch Resource Management Plan, and other pertinent adopted plans and policies. h. Agricultural Resources Consultant will assess the potential impacts to agricultural resources within the General Plan area associated with the land use/transportation alternatives. As part of this assessment, consideration will be given to potential agricultural uses within the Chula Vista Greenbelt and other areas within which agricultural operations presently occur and where such operations may be viable. i. Hydrology and Water Quality Consultant will address potential hydrology and water quality impacts associated with the land use/transportation alternatives (e.g., flooding, drainage patterns, surface runoff, discharge of pollutants to water bodies). Recommendations for policies and mitigation procedures will be made to lessen adverse effects. j. Public Services Consultant will address impacts to public park and recreation, school, police, and fire services, pursuant to the City of Chula Vista Growth Management Ordinance Threshold Standards where applicable, and describe mitigation measures, if necessary. A log of all contacts with service providers will be made and references will be included in the EIR. k. Utilities and Service Systems Consultant will work with City staff and applicable service providers to address the ability of existing and planned sewer, potable and reclaimed water, energy, solid and hazardous waste, and storm water drainage infrastructure to meet .projected demand at buildout and necessary modifications to existing infrastructure as well as additional infrastructure necessary to meet projected Two Party Agreement July 8, 2003 Page A-9 demands. Consultant will assess impacts to the above utilities and service systems pursuant to the City of Chula Vista Growth Management Ordinance .Threshold Standards where applicable. 1. Mineral Resources Consultant will address mineral resource protection with respect to the citywide land use/transportation alternatives and any proposed changes to the existing MRZ-2 boundaries within the General Plan area. m. Hazards Consultant will review pertinent secondary sources and will evaluate the potential for the land use/transportation alternatives to result in significant hazards impacts (e.g., wildland fire risk, exposure of people to potential health hazards). Recommendations for policies and mitigation procedures will be made to lessen adverse effects to such resources. n. Geology and Soils Consultant will review pertinent secondary sources and will evaluate the potential for the land use/transportation alternatives to result in significant geology and soils impacts (e.g., faulting and seismicity, slope stability, soil erosion). Recommendations for policies and mitigation procedures will be made to lessen adverse effects to such resources. V. Task 4 - Second Screencheck Draft EIR Consultant will address City staff's comments on the first screencheck draft EIR and prepare and submit ten (10) copies of the second screencheck draft EIR and associated technical reports to the City for review and comment (Deliverable No.5) . As noted in Section 8.A.IV. above, the preferred citywide land use/transportation alternative will be addressed in the second screencheck draft EIR, in addition to alternatives A, B, and C. Two Party Agreement July 8, 2003 Page A-10 VI. Task 5 Third Screencheck Draft EIR Consultant will address City staff's and legal counsel's comments on the second screencheck draft EIR and prepare and submit five (5) copies of the third screencheck draft EIR and associated technical reports to the City for review and comment (Deliverable No.6). Consultant will also prepare and submit the draft Notice of Availability, draft Notice of Completion, and draft Mitigation Monitoring and Reporting Program (MMRP) to the City for review and comment (Deliverable No.6). It is anticipated that the majority of mitigation measures identified within the EIR will be in the form of policies incorporated into the General Plan. As such, monitoring of those measures wil'l equate to the implementation of the proposed General Plan. The MMRP will summarize those policies and outline the methods anticipated for their implementation. VII. Task 6 - Public Review Draft EIR/Mitigation Monitoring and Reporting Program Consultant will incorporate City staff's comments on the third screencheck draft EIR, associated technical reports, and draft MMRP and prepare the Public Review Draft EIR and MMRP and Technical Appendices acceptable to the City's Environmental Review Coordinator. Consultant will provide seventy-five (75) copies of the public review draft EIR and MMRP and twenty-five (25) copies of the Technical Appendices to the City (Deliverable No.7). Consultant will incorporate City staff's comments on the draft Notice of Availability and draft Notice of Completion and prepare the final Notice of Availability and final Notice of Completion to the satisfaction of the City's Environmental Review Coordinator (Deliverable No.7). VIII.Task 7 - Draft Candidate CEQA Findings/Statement of Overriding Considerations Consultant will prepare draft Candidate CEQA Findings and, if necessary, a draft Statement of Overriding Considerations in accordance with State CEQA Guidelines Sections 15091 and 15093 for review by City of Chula Vista staff and legal counsel (Deliverable No.8). The Findings will specify Two Party Agreement July 8, 2003 Page A-ii which mitigation measures have been incorporated into the project and those measures that have not, and will explain why certain measures have been found to be infeasible. The Findings will also identify feasible project alternatives that could reduce adverse environmental effects but are not being implemented, with an explanation as to why they are considered to be infeasible. IX. Task 8 - Responses to Comments Following the close of public review, Consultant will meet with City staff and review all comments received. Consultant shall prepare draft responses to comments and associated revisions to the draft EIR. Consultant will submit ten (10) copies of the draft responses to comments and amended EIR sections to the City for review by City staff and legal counsel (Deliverable No.9). Consultant will revise the draft responses to comments and amended EIR sections based on comments submitted by City staff and legal counsel. Consultant will submit the revised draft responses to comments and amended EIR sections for review by the City (Deliverable No.10) . Any changes to the responses to comments and amended EIR sections shall be subject to the approval of the City's Environmental Review Coordinator. If additional studies and/or analyses are requested by the City as a result of the comments received, Consultant shall complete those additional studies and/or analyses upon authorization from the City's Environmental Review Coordinator. X. Task 9 - Final Candidate CEQA Findings/Statement of Overriding Considerations Should the City determine that additional revisions are needed to the draft Candidate CEQA Findings and draft Statement of Overriding Considerations as a result of the comments received during the public review period, Consultant shall make such revisions (Deliverable No.ll). Revisions to the draft Candidate CEQA Findings and draft Statement of Overriding Considerations shall be subject to the approval of the City's Environmental Review Coordinator. Two Party Agreement July 8, 2003 Page A-12 XI. Task 10 - Final EIR Consultant will prepare a final EIR, final Technical Appendices, and final MMRP. Consultant will provide fifty (50) copies of the final EIR and final MMRP and twenty- five (25) copies of the final Technical Appendices to the City (Deliverable No.12). Consultant will also submit a full version of the Final EIR in electronic format (Microsoft Word) (Deliverable No.12). In addition, a draft Notice of Determination and California Department of Fish and Game (CDFG) filing fee form for the project shall be submitted by Consultant to the City in preparation for filing with the County Clerk's Office and State Clearinghouse (Deliverable No.12). XII. Meetings and Consultation Charles Bull, Project Manager, or his representative will attend, at the direction of the City's Environmental Review Coordinator, project team meetings throughout the Project duration. These include the following meetings: · Project initiation meeting · A community meeting (Town Hall III) · A public scoping meeting · 36 Weekly meetings with City staff · EIR preparation meetings, as needed · Six GPU Environment, Open Space, and Sustainable Development Subcommittee meetings · A Resource Conservation Commission meeting · A Planning Commission hearing on the draft EIR · A Planning Commission hearing on the final EIR · A City Council hearing on the final EIR Consultant will attend a total of thirty-six (36) weekly meetings with City staff throughout the work period with the applicable members of the City's GPU Team to initiate the project, discuss progress of the work effort, clarify scope of work details, resolve pertinent issues as they arise, review staff comments, and finalize the EIR. If additional staff meetings are needed, they will be billed on a time and materials Two Party Agreement July 8, 2003 Page A-13 basis at the rates specified in Section ll.C. Additional meetings requested by the City will be considered additional work pursuant to Section 3.2.2 of this Agreement. Consultant will meet with appropriate City personnel and other consultants, as well as outside agency personnel if warranted, as needed during the preparation of the EIR to assist in obtaining current information needed for the preparation of the EIR pursuant to the detailed scope of work contained in this agreement. Consultant will also attend a community meeting (Town Hall III), a public scooping meeting, an Resource Conservation Commission meeting, two Planning Commission meetings, a City Council meeting, and six GPU Environment, Open Space, and Sustainable Development Subcommittee meetings when requested by the City's Environmental Review Coordinator. Consultant shall prepare and present information, respond to questions raised by the Subcommittee and members of the public, and otherwise participate in these meetings as directed by the City's Environmental Review Coordinator. B. Date for Commencement of Consultant Services: (X) Same as Effective Date of Agreement ( ) Other: C. Dates or Time Limits for Delivery of Deliverables: Deliverable No. 1: Task 1 Preliminary Citywide Land Use/Transportation Alternatives Assessment Report. Due date: Six (6) weeks after City provides the preliminary worst case citywide land use/transportation alternative and up to three additional preliminary citywide land use/transportation alternatives to Consultant Deliverable No. 2: Task 2 - Draft Notice of Preparation (NOP). Due date: One (1) week after City provides the preferred citywide land use/transportation alternative to Consultant Deliverable Noo 3: Task 2 - Final NOP. Due date: Three (3) working days after City provides comments on draft NOP to Consultant Two Party Agreement July 8, 2003 Page A-14 Deliverable No. 4: Task 3 - First Screencheck Draft EIR and Associated Technical Reports. Due date: Ten (10) weeks after City provides citywide land use/transportation alternatives A, B, and C to Consultant Deliverable No. 5: Task 4 - Second Screencheck Draft EIR and Associated Technical Reports. Due date: Six (6) weeks after City provides comments on first screencheck draft EIR and associated technical reports to Consultant Deliverable No. 6: Task 5 Third Screencheck Draft EIR and Associated Technical Reports, draft Notice of Availability, draft Notice of Completion, and draft Mitigation Monitoring and Reporting Program (MMRP). Due date: Three (3) weeks after City provides comments on second scre~ncheck draft EIR and associated technical reports to Consultant Deliverable No. 7: Task 6 - Public Review Draft EIR and MMRP, Technical Appendices, Final Notice of Availability, and Final Notice of Completion. Due date: Two (2) weeks after City provides comments on third screencheck draft EIR, draft MMRP, Technical Appendices, draft Notice of Availability, and draft Notice of Completion to Consultant Deliverable No. 8: Task 7 - Draft Candidate CEQA Findings and Draft Statement of Overriding Considerations (if necessary) ~ Due date: Four (4) weeks after the commencement of the draft EIR public review period Deliverable No. 9: Task 8 - Draft Responses to Comments and Associated Revisions to EIR. Due date: Two (2) weeks after the close of the draft EIR public review period Deliverable No. 10: Task 8 Final Responses to Comments and Associated Revisions to EIR. Due date: Three (3) working days after City provides comments on draft responses to comments and associated revisions to EIR Deliverable No. 11: Task 9 - Final Candidate CEQA Findings and Final Statement of Overriding Considerations (if necessary). Due date: One (1) week after City provides Two Party Agreement July 8, 2003 Page A-15 comments on draft candidate CEQA findings and draft statement of overriding considerations Deliverable No. 12: Task 10 - Final EIR, Final Technical Appendices, Final MMRP, and Draft Notice of Determination and California Department of Fish and Game Filing Fee Form. Due date: Three (3) weeks after the close of the draf~ EIR public review period D. Date for completion of all Consultant services: Completion of all required tasks described in Section 8 of Exhibit A to the Agreement, ~ncluding meetings and consultation, to the satisfaction of the City's Environmental Review Coordinator shall be accomplished no later than May 11, 2004, which date may be extended for no more than six (6) months in the sole discretion of the City's Environmental Review Coordinator. 91 Insurance Requirements: (X) Statutory Worker's Compensation Insurance (X) Employer's Liability Insurance coverage: $1,000,000. (X) Commercial General Liability Insurance: $1,000,000. ( ) Errors and Omissions insurance: None Required (included in Commercial General Liability coverage). (X) Errors and Omissions Insurance: $250,000 (not included in Commercial General Liability coverage). 10. Materials Required to be Supplied by City to Consultant: · Electronic files of GIS maps of each citywide land use/transportation alternative to be analyzed in the EIR · Land use information and population projections for each citywide land use/transportation alternative to be analyzed in the EIR · CEQA-level transportation analysis results for each alternative to be analyzed in the EIR · First, second, and third screencheck draft EIR transportation sections (to be prepared by the City's transportation consultant) Two Party Agreement July 8, 2003 Page A-16 11. Compensation: A. (X) Single Fixed Fee Arrangement. For performance of all of the Defined Services by Consultant as herein required, City shall pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth below: Single Fixed Fee Amount: $276,424 for the required tasks, payable as follows: Milestone Amount 1 Si'gning of this agreement by all parties and upon the request of the consultant $13,822 (5%) 2 Submittal of Worst case Alternative $27,642 (10%) Assessment Report (Deliverable No. 1) Submittal of first screencheck draft EIR and $69,106 (25%) 3 associated technical reports* (Deliverable Nos. 2, 3, and 4) 4 Commencement of public review (Deliverable $69,106 (25%) Nos. 5, 6, and 7) 5 Submittal of final EIR (Deliverable Nos. 8, $69,106 (25%) 9, 10, 11, and 12) 6 Retention $27,642 (10%) 15% Contingency** $41,463 *For purposes of payment, the first screencheck draft EIR and associated technical reports shall completely address and analyze all issues identified in the detailed scope-of-work (described in Exhibit "A", Section 8) to the satisfaction of the Environmental Review Coordinator. Payment shall not be made until the City's Environmental Review Coordinator determines that a complete first screencheck draft EIR has been submitted. **The Environmental Review Coordinator in her discretion independently or upon request from the Consultant, from time to time, may negotiate additional services to be performed by the Consultant under this Agreement in order to cover unforeseen issues that may be identified during the preparation of the environmental document ("Additional Services"). The cost of Additional Services in connection with the environmental document shall not exceed 15% of the total contract amount ($41,463) and shall be paid on a time and materials basis in Two Party Agreement July 8, 2003 Page A-17 accordance with the hourly billing rates identified below in ll.C. ) 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans which must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. B. ( ) Phased Fixed Fee Arrangement. For the performance of each phase or portion of the Defined Services by Consultant as are separately identified below, City shall pay the fixed fee associated with each phase of Services, in the amounts and at the times or milestones or Deliverables set forth. Consultant shall not commence Services under any Phase, and shall not be entitled to the compensation for a Phase, unless City shall have issued a notice to proceed to Consultant as to said Phase. Two Party Agreement July 8, 2003 Page A-18 Phase Fee for Said Phase 1. $ 2. $ 3. $ 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans which must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. C. ) Hourly Rate Arrangement For performance of the Defined Services by Consultant as herein required, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of said Two Party Agreement July 8, 2003 Page A-19 Services, at the rates or amounts set forth in the Rate Schedule hereinbelow according to the following terms and conditions: (1) ( ) Not-to-Exceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perform all of the Defined Services herein required of Consultant for $ including all Materials, and other "reimbursables" ("Maximum Compensation"). (2) ( ) Limitation without Further Authorization on Time and Materials Arrangement At such time as Consultant shall have incurred time and materials equal to ("Authorization Limit"), Consultant shall not be entitled to any additional compensation without further authorization issued in writing and approved by the City. Nothing herein shall preclude Consultant from providing additional Services at Consultant's own cost and expense. Rate Schedule Category of Employee Hourly of Consultant Name Rate Principal Charles Bull $129 Principal Lee Sherwood $129 Jones & Stokes Terry Rivasplata $127 Senior David Gottfredson $100 Senior Biologist $100 Associate $ 87 Associate $ 87 Assistant $ 78 Production $ 53 Graphics/GIS $ 52 12. Materials Reimbursement Arrangement Two Party Agreement July 8, 2003 Page A-20 For the cost of out of pocket expenses incurred by Consultant in the performance of services herein required, City shall pay Consultant at the rates or amounts set forth below: (X) None, the compensation includes all costs. Cost or Rate Reports, not to exceed $ : Copies, not to exceed $ : Travel, not to exceed $ : Printing, not to exceed $ : Postage, not to exceed $ : Delivery, not to exceed $ : Long Distance Telephone Charges, not to exceed $ Other Actual Identifiable Direct Costs: , not to exceed $ : , not to exceed $ : 13. Contract Administrators: City: Marilyn R.F. Ponseggi, Environmental Review Coordinator, Public Services Building, 276 Fourth Avenue, Chula Vista, CA 91910, (619) 585-5707. Consultant: Charles S. Bull, President, RECON, 1927 Fifth Avenue, San Diego, CA 92101-2358, (619) 308-9333. 14. Liquidated Damages Rate: ( ) S__per day ( ) Other: 15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: (X) Not Applicable. Not an FPPC Filer. ) FPPC Filer ( ) Category No. 1. Investments and sources of income. ( ) Category No. 2. Interests in real property. Two Party Agreement July 8, 2003 Page A-21 ) Category No. 3. Investments, interest in real property and sources of income subject to the regulatory, permit or licensing authority of the department. ) Category No. 4. Investments in business entities and sources of income which engage in land development, construction or the acquisition or sale of real property. ) Category No. 5. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the City of Chula Vista (Redevelopment Agency) to provide services, supplies, materials, machinery or equipment. ) Category No. 6. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment. ) Category No. 7. Business positions. ( ) List "Consultant Associates" interests in real property within 2 radial miles of Project Property, if any: 16. ( ) Consultant is Real Estate Broker and/or Salesman 17. Permitted Subconsultants: Jones & Stokes 2600 V Street Sacramento, California 95818 Voice Phone: (916) 737-3000 Fax Phone: (916) 737-3030 Two Party Agreement July 8, 2003 Page A-22 Consultant's permitted subconsultant, Jones & Stokes, shall perform a minimum of $25,000 in professional project- related services as a part of the Single Fixed Fee Amount of $276,424; these services shall be performed by Terry Rivasplata (at a billable rate of $127 per hour), or alternate personnel with the prior approval of the City's Environmental Review Coordinator. 1. Bill Processing: A. Consultant's Billing to be submitted for the following period of time: ( ) Monthly ( ) Quarterly (X) Other: Milestone B. Day of the Period for submission of Consultant's Billing: ( ) First of the Month ( ) 15th Day of each Month ( ) End of the Month (X) Other: Upon completion of milestones C. City's Account Number: To be assigned after agreement is processed. 2. Security for Performance ( ) Performance Bond, $ ( ) Letter of Credit, $ ( ) Other Security: Type: Amount: $ (X) Retention. If this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant sooner, the City shall be entitled to retain, at their option, either the following "Retention Percentage" or "Retention Amount" until the City determines that the Retention Release Event, listed below, has occurred: Two Party Agreement July 8, 2003 ~Page A-23 (X) Retention Percentage: 10% ( ) Retention Amount: $ Retention Release Event: (X) Completion of All Consultant Services to the satisfaction of the City's Environmental Review Coordinator ( ) Other: Two Party Agreement July 8, 2003 Page A-24 PAGE 1, ITEM NO.: ~ MEETING DATE: 7/15/2003 CITY COUNCIL AGENDA STATEMENT ITEM TITLE: RESOLUTION APPROVING DOWNTOWN PROPERTY AND BUSINESS IMPROVEMENT DISTRICT ANNUAL COST OF LIVING ASSESSMENT ADJUSTMENT SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR £-- BY: CITY MANAGER REVIEWED 4/STHS VOTE: YES [~ NO BACKGROUND The Downtown Property and Business Improvement Distrid (PBID) may authorize annual cost of living increases of up to five percent, pursuant to Sedion VI (C) of the adopted Management Plan. Said increases are recommended by the PBID Board of Directors and forwarded to the Cji7 Council for final approval. For the upcoming tax year (2003-2004), the PBID Board of Directors has recommended an assessment increase of 4.0 percent, which matches the regional consumer price index increase. RECOMMENDATION Adopt the Resolution Approving Downtown Properly and Business Improvement District Annual Cost of Living Assessment Adjustment BOARDS/COMMISSIONS RECOMMENDATION The Downtown Properly and Business Improvement Distrid Board of Directors voted unanimously to recommend approval of the cost of living assessment increase of 4.0 percent at their meeting of July 2, 2003. DISCUSSION The Downtown Property and Business Improvement District (PBID) was formed in 2001 and has been aggressively implementing a number of "clean and safe" neighborhood programs, as well as 24-hour graffiti removal, enhanced landscape maintenance, and retail recruitment efforts in the Third Avenue District. The PBID was inaugurated for a five year term, with annual cost of living increases allowed up to 5 percent based upon the regional consumer price index. The proposed increase will take effect with the 2003-2004 tax year, for which property tax bills will be due in December, 2003 and April, 2004. PAGE 2, ITEM NO.: MEETING DATE: 7/15/2003 The current annual PBID budget is $314,203. This budget covers four broad areas including Economic Development ($141,900), Maintenance ($87,200), and Operations ($76,300). There is also a $8,803 budget reserve included in the PBID 2003 budget. With the proposed 4.0 percent cost of living increase, the Downtown Business Association, which manages the PBID, will continue to budget based on the breakdown noted above, with minor adjustments as may be needed from time to time as authorized in the Management Plan. The following lists the completed accomplishments of the CVDBA for the second year of the initial 5 year PBID: · Website www.downtownchulavista.com was designed to attract developers and new businesses to downtown. The site has been upgraded over the past year. Site was updated to handle searches and to keep updated listings of available properly for sale or lease. Included remote update capabilities. · Updated and reprinted the 2003 Developer Brochure to aid in recruitment of new projects. · Held the first downtown sidewalk sale in recent memory. · Completed and dedicated the Center Street Mural depicting a Victorian orchard house from old Chula Vista. · Painted out 126 separate graffiti incidents at no cost to properly owners. · Assisted with five properly sales in the downtown district. · Assisted with attraction of new restaurant planned for northwest corner of Third and Davidson. · Developed and conducted a user survey for both onsite customers as well as visitors to downtown. · Updated employee job descriptions. · Converted part-time office assistant to full-time to assist visitors throughout the day Monday through Friday. · Updated and printed New Downtown Member Directory. · Purchased Litter Hawk sidewalk sweeper and started weekly downtown sidewalk sweeping to improve condition of sidewalks. · Began offering free booths to members at downtown events to expand participation · Purchased new cement style trash containers and 10 cement style cigarette ash trays for Third Avenue. · · P~eleased bid to reconfigure old flower beds and .planters with more colorful year round displays of landscape materials. Projects currently underway or in process include: · Prepared and submitted application for 501(c)3 status for non-profit Cultural Arts District downtown. · Applied for grant and began creation of program to artistically paint the utility boxes in downtown. PAGE 3, ITEM NO.: . -/ MEETING DATE.' .7/15/2003 · Supported and facilitated community input process for development of downtown infill projeds, including the Chula Vista @ Landis projed proposal, the Sweetwater Distrid Headquarters site proposal at Third and Alvarado, the E Street Transit Village proposal, and the Bayfront Commons development proposal. · Continued committee process to update the downtown Design Standards to be included in the upcoming Urban Core Specific Plan. · Applied for a Community Enhancement Grant from the County of San Diego. · Preparing plan for enhanced parking lot and alleyway sweeping. · Began process of updating Association By-Laws to conform with current law. · Updated format and improved the Downtown Chatter Newsletter and began e-mailing to members and stakeholders · Developed new coupon program for downtown merchants. · Began quarterly small business seminars program. Ongoing activities performed by the DBA include: · 24 Hour Response Graffiti Eradication Program · Weekly events such as Farmers Market, Blast from the Past Car Show, and annual events such as Starlight Yule Parade, Pet Fest, Lemon Festival and Cinco de Mayo. · Updated listings available for all downtown property sales and leases. FISCAL IMPACT The Redevelopment Agency is responsible for payment of the assessment on all City- and Redevelopment-owned properties within the PBID. The second year's assessment was $43,572. With the 4 percent increase, the new assessment will be $45,315. Unspecified fiscal benefits should accrue to the City and Agency from the continuing improvement in the downtown physical environment and from the retail and developer recruitment efforts underway. J:\COMMD EV~Estes\TCI\PB[D Proiects\~bidcola03 .doc COUNCIL RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING DOWNTOWN PROPERTY AND BUSINESS IMPROVEMENT DISTRICT COST OF LIVING ASSESSMENT ADJUSTMENT WHEREAS, the Downtown Property and Business Improvement District (PBID) was established by a vote of affected property owners in 2001 and became effective on January 1, 2002 under a management agreement with the Downtown Business Association (DBA); and WHEREAS, the adopted Management Plan, Section VI (C) provides for annual Cost of Living Adjustments (COLA) based on the regional San Diego Consumer Price Index (CPI) or 5 percent, whichever is less; and WHEREAS, the PBID Board of Directors voted unanimously to recommend the adoption of the COLA permitted by the Management Plan and based on the current CPI of 4.0 percent, said increase taking effect with property tax assessment bills sent out in December 2003 and April 2004; and WHEREAS, the City Of (:;hula Vista recognizes the important work of the PBID in the revitalization and improvement of the Downtown area and concurs with the provisions of the Management Plan with respect to annual COLA increases; NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve a Downtown Property and Business Improvement District Cost of Living Assessment Adjustment of 4.0 percent for FY 2003/2004, and authorizes and directs staff to take all appropriate measures to implement same. Presented by Approved as to form by Laurie Madigan ~(~; .~A ~OoOrrnee y Director of Community Development J:\COMMDEV~Estes\TCI\PBID Projects~0032004COLARESO.doc PAGE 1, ITEM NO.: 10 MEETING DATE: 07/15/03 CITY COUNCIL AGENDA STATEMENT ITEM TITLE: CONSIDERATION OF AN AMENDED AND RESTATED SECOND AFFORDABLE HOUSING AGREEMENT FOR THE ROLLING HILLS RANCH COMMUNITY RESOLUTION APPROVING THE AMENDED AND RESTATED SECOND ~ AFFORDABLE HOUSING AGREEMENT RELATED TO ROLLING HILLS RANCH BETWEEN THE CITY AND MCMILLIN ROLLING HILLS RANCH, LLC AND AUTHORIZING THE MAYOR TO EXECUTE THE ~- AGREEMENT SuBMrrI'ED BY: COMMUNITY DEVELOPMENT DIRECTOR L~'-~ L~ REVIEWED BY: CITY MANAGER 4/STHS VOTE: YES BACKGROUND On June 17, 1997, the City and Pacific Bay Properties ("Pac Bay") executed an Affordable Housing Agreement for Rolling Hills Ranch (the "ProjecY') for purposes of further implementing its affordable housing obligation for the Project. Subsequently, the City and Pac Bay executed two project-specific affordable housing agreements. The first such agreement pertained to a 116-unit Iow-income senior apartment complex, which has since been constructed and occupied and is now known as Rolling Hills Garden. The Second Agreement pertained to a 168-unit apartment complex, of which 32 units would be designated as affordable to Iow income households. The 168-unit apartment complex has not yet been constructed. Compliance with both the First and Second Agreement is necessary to satisfy the Iow income housing obligations of the Project under the 1997 Affordable Housing Agreement. In April 2002, McMillin Rolling Hills Ranch, LLC (the "Developer") purchased portions of the Project which had not yet been improved with residences from Pac Bay. McMillin has expressed a desire to build attached for-sale homes rather than the 168-unit apartment complex. The Developer is requesting to amend and restate the Second Affordable Housing Agreement to provide McMillin and the City with the flexibility of developing the site with a for-sale condominium or rental development and adjusting the timing requirements for the provision of these units. Additionally, the Developer is requesting that the City release those properties not identified as affordable housing sites within the Affordable Housing Plan from any obligation to provide affordable housing. An Amended and Restated Second Affordable Housing Agreement for the PAGE 2, ITEM NO.: /~) MEETING DATE: 07/15/03 Projed has been prepared for Council's consideration and approval to address the Developer's request. RECOMMENDATION That Council adopt the resolution approving the Amended and Restated Second Affordable Housing Agreement for Rolling Hills Ranch and authorizing the Mayor to execute such Agreement on behalf of the City. BOARDS/COMMISSIONS RECOMMENDATION Not applicable. Under the Ci~s Balanced Communities Policy of the Housing Element, the Developer has an obligation to provide 10 percent of those new residential housing units within the Project as affordable to Iow and moderate-income families (5% Iow and 5% moderate). Based on units constructed, final maps and tentative maps for Rolling Hills Ranch to date, a total of 2,352 residential housing units are anticipated. The Developer has on obligation to provide 118 units affordable to Iow income households and 118 affordable to moderate income households within the Project. The City and Pac Bay executed ~vo project-specific affordable housing agreements to ensure satisfaction of this obligation. The first such agreement pertains to a 116-unit senior apartment complex, of which 104 units are for Iow income households, known as Rolling Hills Garden, located on Neighborhood 4A1. Additionally, Pac Bay agreed to provide 32 affordable Iow-income units within a 168 unit apartment complex for Neighborhood 4A2. Therefore, a total of 136 Iow-income housing units will be provided, in excess of the minimum affordable housing requirement, in order to provide housing opportunities for both seniors and families within the community. Compliance with both the First and Second Agreement is necessary to satisfy the Iow income housing obligations of the Project. As the properly owner of those unimproved properties within Project, the Developer has expressed a desire to build attached fOr-sale homes rather than the 168-unit apartment compleX. The Developer is requesting to amend and restate the Second Affordable Housing Agreement to provide McMillin and the City with the flexibility of developing the site with a for-sale condominium or rental development and adjusting the timing requirements for the provision of these units. Staff is agreeable to providing the Developer with flexibility and is supportive of affordable for- sale condominiums. The 32 units of affordable housing represents approximately 20 percent of the overall development. Such mixed income rental developments are difficult to finance with PAGE 3, ITEM NO.: MEETING DATE: 07/15/03 limited available resources and a great demand. The Project has already provided a 116 unit rental development, with 104 units affordable to Iow income seniors. Execution of the A.clreement would not constitute approval of an affordable for-sale development but Provides flexibility in developincl an affordable housinfl product, for-sale or rental, that would accommodate the needs of both the City and Developer. It is anticioated that ~taff will brinq forward a concelDtual development proposal for Rollina Hills Ranch and San Miauel Ranch for Council discussion, alona with the DroIDosed Affordable Housina For-Sale Guidelines, in Fall 2003. The Developer is also requesting that all properties within the Project be released, with the exception of Neighborhood 4A (4A1 and 4A2), from any further affordable housing obligations. Staff has determined that the site can accommodate the Developer's remaining duty to build Iow-income housing. Pac Bay demonstrated to the satisfaction of the City, compliance with the moderate income housing requirements by providing 140 homes within the project to qualifying moderate-income households through January 31, 2001. Therefore, staff recommends the execution of a Partial Termination of the Affordable Housing Agreement as it relates to all properties within the Project, with the exception of Neighborhood 4A. CE~A~ The proposed Amended and Restated Agreement for Rolling Hills Ranch has been reviewed for compliance with CEQA. The proposed Agreement Js a mechanism for implementation of affordable housing within the prescribed densities and maximum unit count of the Rolling Hills Ranch general Development Plan and SPA plan. Approval and execution of the Agreement would not, therefore, result in the construction of any housing beyond that anticipated in the GDP and SPA plans and the environmental review documents previously certified for those plans. Therefore, no additional CEQA action is necessary. FISCAL IMPACT The Developer has paid all costs associated with the processing of the Affordable Housing Agreement and any subsequent Amendments. ATTACHMENTS 1. Amended and Restated Second Affordable Housing Agreement for Rolling Hills Ranch 2. Location Map 3. Neighborhood Map (HINES) J:\COMMDEV\STAFF.REP\07-15~)3\A113 Rolling Hills Amendment 7-15-03.doc [7/10/03; 12:01 PM] RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMENDED AND RESTATED SECOND AFFORDABLE HOUSING AGREEMENT RELATED TO ROLLING HILLS RANCH BETVVEEN THE CITY AND MCMILLIN ROLLING HILLS RANCH, LLC AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT WHEREAS, on June 17, 1997, the City of Chula Vista and Pacific Bay Properties ("Pacific Bay") executed an Affordable Housing Agreement as Document No. 1997-0400741 (the "1997 Affordable Housing Agreement") as recorded by the San Diego County Recorder's Office for the real property then known as Salt Creek Ranch for purposes of further implementing the Developer's affordable housing obligation under the City's Balanced Communities Policy of the Housing Element of the General Plan. The Property is now commonly known as Rolling Hills Ranch; WHEREAS, to satisfy the Iow income housing requirements of the 1997 Affordable Housing Agreement, the City and Pacific Bay entered into two project specific affordable housing agreements. The first such agreement, recorded April 17, 2000 as File No. 2000-0194442 of Official Records ("First Agreement"), pertained to a 116-unit Iow-income senior apartment complex, which has since been constructed and occupied and is now known as Rolling Hills Garden. The second agreement, recorded June 13, 2001 as File No. 2001-0397488 of Official Records ("Second Agreement") pertained to a 168-unit apartment complex for Neighborhood 4A2, of which 32 units would be designated as affordable to Iow income households. The 168-unit apartment complex has not yet been constructed. Compliance with both the First and Second Agreement is necessary to satisfy the Iow income housing obligations of the Project under the 1997 Affordable Housing Agreement; WHEREAS, Pacific Bay submitted to the City's Housing Manager a final report on January 19, 2001 demonstrating that a total of 140 homes within Rolling Hills Ranch had been sold to qualifying moderate-income housings through January 31, 2001; WHEREAS, in April 2002, McMillin Rolling Hills Ranch, LLC ("McMillin") purchased from Pacific Bay the portions of Rolling Hills Ranch which had not yet been improved with residences and McMillin does not desire to construct the 168-unit apartment complex as specified within the Second Agreement; WHEREAS, McMillin is requesting to amend and restate the Second Agreement to allow McMillin with the option of applying to the City for a new project which will provide for thirty-two (32) affordable units as either for-sale condominiums or rental units and to adjust the timing requirements for the provision of these units; WHEREAS, McMillin is also requesting the release of all those properties not identified as affordable housing sites within the Salt Creek Ranch SPA Affordable Housing Plan from any obligation to provide affordable housing, with the exception of those Neighborhoods known as 4A1 and 4A2; WHEREAS, an Amended and Restated Second Affordable Housing Agreement for Rolling Hills Ranch has been prepared for Council's consideration to address McMillin's request; and WHEREAS, this Amended and Restated Second Affordable Housing Agreement implements affordable housing requirements and impacts previously analyzed in the certified EIR for the Salt Creek Ranch GDP and SPA Plan, therefore, no additional action is required under CEQA. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Chula Vista that this City Council does hereby approve in the form presented the Amended and Restated Second Affordable Housing Agreement related to Rolling Hills Ranch, a copy of which shall be kept on file in the Office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized to execute said Amended and Restated Second Affordable Housing Agreement and all other associated documents for and on behalf of the City of Chula Vista. Presented by Approved as to form by Laurie A. Madigan An/R/P. Moore Community Development Director G1ty Attorney [Hines] J:\HOME\COMMDEV~RESOS\CC Reso Rolling Hills Restated 2nd Agreement 2 THE ATTACHED AGREEMENT IL, kS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTOP, zNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL Ann City' Att6"'mev Dated: July 9, 2003 Amended and Restated Second Affordable Housing Agreement EXHIBIT A /0 '* '7 Recording Requested By CITY CLERK When Recorded Mail To: CITY CLERK'S OFFICE 276 Fourth Avenue Chula Vista, CA 91910 SPACE ABOVE FOR RECORDER'S USE ONLY AMENDED AND RESTATED SECOND AFFORDABLE HOUSING AGREEMENT This AMENDED AND RESTATED SECOND AFFORDABLE HOUSING AGREEMENT ("Restated Second Agreement") is entered into as of ,2003 by and between McMillin Rolling Hills Ranch, LLC, a Delaware limited liability company ("McMillin") and the City of Chula Vista, a California muhici~al corporation ("City"), with reference to the following facts: A. The City and Pacific Bay Properties, a California corporation ("PacBay"), entered into that certain Affordable Housing Agreement dated as of June 17, 1997 and recorded in the Official Records of San Diego County, California, on August 19, 1997 as Document No. 1997~ 0400741 (the "1997 Affordable Housing Agreement") for the real property in the City of Chula Vista, California, then Commonly known as the Salt Creek Ranch planned development and more particularly described in the 1997 Affordable Housing Agreement and on Exhibit A attached (the "Property"). The Property is now commonly known as Rolling Hills Ranch. B. The 1997 Affordable Housing Agreement required the developer to designate five .percent (5%) of the total dwelling units constructed within the Property as housing affordable to low Income households and five percent (5%) of the total dwelling unfits constructed within the Property as housing affordable to moderate income households. Based on the total of 2,616 residential units approved for the Property pursuant to the Salt Creek Ranch SPA Plan, the Iow income housing requirement for the Property was 131 units and the moderate income housing requirement for the Property was 131 units. C. PacBay issued a final biannual report to the City on January 19, 2001. This report indicated a total of 140 homes within the project had been sold to qualifying moderate income households through January 31, 2001. Accordingly, the moderate income requirement of the 1997 Affordable Housing Agreement has been satisfied. Rolling Hills Ranch May 14, 2003 1 045609-0108 29830 3 /o4> D. To satisfy the low income housing requirements of the 1997 Affordable Housing Agreement, City and PacBay entered into two project-specific affordable housing agreements. The first such agreement, recorded April 17, 2000 as File No. 2000-0194442 of Official Records ("First Agreement") pertained to a ll6-unit low income senior apartment complex (the "Senior Apartment Project"). The second agreement, recorded June 13, 2001 as File No. 2001-0397488 of Official Records ("Second Agreement") pertained to a 168-unit apartment complex of which 32 units would be designated as affordable to low-income households. It was agreed that compliance with the First Agreement and Second Agreement would satisfy PacBay's low income housing obligations under the 1997 Affordable Housing Agreement. E. Pursuant to the First Agreement, the 116-unit Senior Apartment Project was built and occupied by qualifying low income households during the first phase of development o fthe Property. This exceeded the requirements of the 1997 Affordable Housing Agreement, which required construction of the first phase of 57 low income units to commence prior to the 6015, building permit, and construction of the remaining phase of 74 low income units prior to the 1,701st building permit for the project. F. The 168-unit apartment complex project (of which 32 units would be designated as affordable to low-income households) contemplated by the Second Agreement has not been built. G. In April 2002, McMillin purchased from PacBay the portions of the Property which had not yet been improved with residences. McMillin does not desire to construct the 168-unit apartment complex project. H. McMillin would like to amend the Second Agreement in two ways. First, McMillin would like to adjust the timing requirements of the remaining phase such that the remaining phase of low-income units is provided in rough proportionality to the phasing of development on the Property. Second, McMillin would like not to be bound to provide the low-income units as rental units. McMillin would like to have the option of applying to the City for a new project-specific implementing agreement which provides for the thirty-two (32) units affordable to low income households as either a for-sale condominium project or a rental project. The City is generally supportive ora for-sale condominium project which included the thirty-two (32) units affordable to low income households. I. McMillin and City wish to amend and restate the Second Agreement and replace it in its entirety with this Restated Second Agreement, on the terms described below. NOW, THEREFORE, FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the parties agree as follows: 1. Amendment and Restatement of Second Agreement. This Restated Second Agreement amends, restates and replaces the Second Agreement in its entirety. Rolling Hills Ranch May 14. 2003 2 045600-0108 29830.3 /o-? 2. New Pro|ect-Specffic Im.nlementine Aereement. McMillin and the City shall enter into a new project-specific implementing agreement (the "New Agreement") regarding the remaining thirty-two (32) units of low income housing required under the 1997 Affordable Homing Agreement. The remaining thirty-two (32) units of low income housing will be built on thc multi-family housing site described on Exhibit B attached (the "Multi-Family Housing Site"). McMillin will have thc option to apply for a New Agreement which provides for satisfying the obligation for the remaining thi.rty-two (32) units of Iow income housing through either for-sale condominium or rental apartment umts. Thc New Agreement shall require the commencement of construction of the remaining thirty- tWo (32) units of low income housing on or before the issuance of the building permit for the 2001st residential unit on the Property, superceding the construction thresholds set forth in the 1997 Affordable Housing Agreement. With the Senior Apurtmcnt Project providing over 100 units of low income housing, triggering the remaining thirty-two (32) low income units at the 2,0015t building permit is roughly proportional to the phasing of overall project construction and the timing specified in the Rolling Hills Ranch (a.k.a. Salt Creek Ranch) planning documents, including the 1997 Affordable Housing Agreement. 3. Release of Land. a. Because the m0deratc income housing requirements for the Property under the 1997 Affordable Housing Agreement have been satisfied, the City shall (I) concurrently with the execution of this Restated Second Agreement, execute and acknowledge a Release in the form of Exhibit C attached, releasing the Property from the moderate income housing requirements of the 1997 Affordable Housing Agreement, and (ii) promptly cause the Release to be recorded in the Official Records of San Diego County, California. b. Similarly, because of the provision of the 116-unit Senior Apartment Project pursuant to the First Agreement, the City has determined that the Multi-Family Housing Site will accommodate Developer's remaining duty to build low income housing units and the City agrees to release the reminder of the Property from the 1997 Affordable Housing Agreement. The City shall (1) concurrently with the execution of this Restated Second Agreement, execute and acknowledge a Release in the form of Exhibit D attached, releasing the remainder of the Property (other than the Multi-Family Housing Site and the Senior Apartment Project Site) from the low income housing requirements of the 1997 Affordable Housing Agreement and (ii) promptly cause the Release to be recorded in the Official Records of San Diego County, California. 4. Demand to Build. Notwithstanding the provisions of Section 2 of this Agreement, if the City reasonably believes that the Developer will not reach the building permit threshold described in Section 2 (which would trigger the construction of the low income housing units), the City shall have the right to demand that Developer construct a proportionate amount of low income housing units relative to the total number of residential building permits that have been issued for the Property. The City shall provide the Developer with the written demand to construct the units within a reasonable period of time for the Developer to commence construction of the units. Developer shall complete construction of the low income housing units, as required by this paragraph, within one year of the conmaencement of construction of the units so demanded. Rolling Hills Ranch May 14, 2003 3 0456004) I08 29830.3 5. Right to Withhold Permits. The City has the absolute and unfettered right to withhold the issuance of any building permit for any residential unit within the Property that has not been released in accordance with Section 3 herein if the Developer is not in compliance with the terms and/or obligations of this Agreement. 6. General Provisions. a. Binding Effect. The burdens of this Restated Second Agreement bind and the benefits of the Restated Second Agreement inure to the parties' successors or assigns in interest. b. Governing Law/Venue. This Restated Second 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 Restated Second Agreement shall be brought only in 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 Restated Second Agreement and performance thereunder, shall be the City of Chula Vista. c. Counterparts. This Restated Second Agreement may be executed in any number of counterparts, each of which will be deemed an original, but all of which together will constitute one instrument. d. Entire Agreement. This Restated Second Agreement contains the entire agreement between the parties relating to the transaction contemplated hereby and all prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged herein. e. Exhibits. All exhibits referred to in this Restated Second Agreement are attached, and are a part of, this Restated Second Agreement. fi Captions. Captions in this Restated Second Agreement are inserted for convenience of reference only and do not define, describe or limit the scope or the intent of this Restated Second Agreement. g. Recording. The parties hereto shall cause this Restated Second Agreement to be recorded in the Official Records of the County of San Diego. h. No Third Party Beneficiary. No claim as a third-party beneficiary under this Restated Second Agreement by any person, corporation or any other entity, shall be made valid against McMillin or City. j. Assignment. The rights and obligations of McMillin under this Restated Second Agreement may be transferred or assigned, provided such transfer or assignment is made a part of the conveyance of the fee of all or a portion of the Property. Any such transfer or assignment will be subject to the provisions of this Restated Second Agreement. During the term of this Restated Second Agreement, any such assignee or transferee will observe and perform all duties and Rolling Hills Ranch May 14, 2003 4 045600-0108 29830.3 obligations of McMillin in this Restated Second Agreement as such duties and obligations pertain to the portion of the said Property so coneeyed. IN WITNESS WI-IEREOF, the parties hereto have executed this Instrument as of the date first set forth above. McMILLIN ROLLING HILLS RANCH, LLC, a Delaware limited liability company By: McMillin Management Services, L.P., a Califomia limited partnership, Manager By: Corky McMillin Construction Services, Inc., a California corporation, General Partner By Title By ~-'"'~a~ Title CITY OF CHULA VISTA By Title ATTEST: By Title APPROVED AS TO FORM: Ann P. Moore, City Attomey By. Title Rolling Hills Ranch May 14, 2003 045600-0108 29830.3 STATE OF CALIFORNIA ) ) SS. COUNTY OF SAN DIEGO ) On ,~ [, 200~9~,, before me, ~/~\ ~_..--~~ No[ary Public in and for said~tate, personally appeared,,.~ ~/~'~-~'-~'~ ~ ., personally known to me (or prey'''~ * ..... *~'~ ~'~o~ ~ ~c ~,~o,., ...... ~a,~,,,-,q to be the ~ersom'fft whose name~ ~re subscribed to the within instmme~Land acknowledged to me that l:c/:~/they executed the same in l~r~/their authorized capaci~_~ and that by ~,~£~r/their signatu~on the instrument, the persor~ or the entity upon behalf of which the persor~ acted, executed the instrument.' ~ STATE OF CALIFORNIA ) ) SS. COUNTY OF SAN DIEGO ) On ,200~, before me, Notary Public in and for said State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (Seal) Rolling Hills Ranch May 14, 2003 045600-0108 29830.3 EXHIBIT A Legal Description of the ProperW [original legal description attached] Rolling Hills Ranch May 14, 2003 04560~0108 29830.3 E~HIBIT w,rf~b ~ DESCi~IPTION TH~ NO~TH HALF OF TH~ SOD~rn~f~ST Q~T~I~ OF SECTION ~ ~F. ~ A~T 3~, 1938 IN ~K 810, P~ 380 OF O~ZC~ THE sotrn~2AST ~ IN SE~ION ~. 15480, IN ~IA, T~ ~T HALF OF THE SOUTHBAST QI~TE~ OF SECTION 23 RA~P OF ~ ~ ~ OP SE~ON 24. ~ IN ~IP THE NORTHEAST QUARTER OE T~ NORTHEAST QUARTER ~ '~'m~ ~ i ~T, ~ B~Z~ ~ID~, ~ OF ~ DI~. ~ OF ~ NO~T QU~T~ OF SE~ION 25, ~SHIP 17 ~u'r~, ~ B~I~ ~IDI~, IN ~ ~ OF ~ DI~, ~A~ OF TH~ WEST THeE QUArTeRS OF THE SOU/~T QUArTeR OF ~ S~T OU~R OF SE~I~ 24, ~ ~ST ~E ~TE~ OF T~ ~ OU~R OF T~ NOR~T OU~ OF SECTION 25, ~SH~P 17 ~, ~E L ~, S~ BE~I~ ~IDI~, ~ OF S~ DX~, STA~ OF ~IFO~IA, ACCO~ING ~ ~IT~ STA~ GO~ S~Y ~F. THE SOUT~FJ%ST QUARTER OF THE SOU/qRWEST QUARTER AND ~E ~T O~'~'~ OF ~E SO~ ~ OF T~ SOM*I~T QU~T~ OF SE~ION 24. ~E NOR~T O~ OF ~ ~RT~ST O~T~, ~ ~ Q~ OF ~ NOR~ST QU~T~ OF SE~ION 25, ~ B~I~ ~N ~IP 17 ~E I ~, S~ B~I~ ~IDI~. AC~IN~ ~ ~ ~A~ ~ S~, ~O~ ~RIL 17, 1883. I~IAT ~ORTION OF THE SOUTH HALF OF THE $O{TTHWEST TOWNSHIP 17 SOUTH, RANGE i WEST, ~ ~I~ ~ID~, ~ 0~ ~ Q~T~ OF S~D S~I~ 25, DIST~ ~T 1136.70 ~ ~ T~ ~R~ 41°48'30n ~ 1817 ~, ~ OR ~, OF ~ZD SE~ZON 25, ~D ~ ~Z~ BEZ~ OF ~C~ J~; ~ ~ S~D BO~y LI~ THE ~T LI~ OF SAID ~ ~F OF S~ ~R O~ SA~D SO~ ~ OF S~T ~ID ~ D~E~ ~; ~ ~ ~ NOR~ OF S~ST QUeeR NORTH 88~S3,30- ~T 1S78.87 ~ ~ ~ ~E~ OF B~X~I~. EX~PTIN~ ~EREFR~ ~T ~RTI~ DES~IBKD XN D~ ~IFO~IA ~AI~ WA~ ~p~, RE~RDED ~Y 4, 190S ~ ~K 363, PAGE 1~4 OF DEEDS. D~SC~, STATE OF CALTFORNIA, A~'CORDING TO UNITED STATES GO~ SURVEY THERE.~F. 7~E SO~ HA?uF OF ~7{E NORTHWEST QUOTER OF SECTION 26, TOWNSHZp 17 DIEGO, STATE OF C~IFO~IA, AC~IN~ ~ ~I~ ~A~ ~ S~Y THEREOF. ~ SO~ H~F OF ~E S~T ~TER OF S~ION 26, ~XP 17 DIE~, STATE OF ~LI~ZA, AC~ZNG ~ ~I~ ~A~ ~ · ' 1578 THaT PORT'rON OF THE NORTH ~ OF THE SO~ QU~k£~,~ OF :S~"'rI0~ 26° ~Tp '~7 SO~X'H, RANGE 1 ~s*r, ~ BER.t~qRDI~O MISP~XDX,t~I~, COMITY OF SAN DIEGO, STAT~ OF CA~X~ORNIA, ACCORDING TO QNITED GOVERI~4EIT~ SURVEY THEreOF, LYING NORTHERLY OF PROCTOR V~r.r.~ ROAD. THAT PORTION OF THE NORTH HALF OF THE SOUT}DIEST QUARTE~ OF $~ON 26. ~ S~ ~OF, ~YI~ SO~LY OF ~R ~V.T.~ ~. THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 26, ~SHIP 17 SOUTH, RANGE I WEST, SAN BERNARDINO BASE AND MERIDIAN, IN TBE COUNTY OF SAN DIEGO, STATH OF CALIPOR~IAo ACCORDING TO UNI'~'=.u STATES GOVERNMENT SURVEY, APPROVED APRIL 17. 1883, DF~CRIBED AS POI/~0WS: CO~4E~CXNG AT A POINT LOCATED NORTH 34'030' WEST 2,575 FEET FROM '~'w~ SOUTH~AS~ COP. NER OF SAID SRCTION 26, THENCE TRUE NORTH 67.20 ~ (R]~CORD I'~IORTH 67.00 F~)~ ~CE TRUE W~ST 300 FRei'; ~CE TRUE SOOTH 145.2 FEET; THENCE TRUE EAST 300 FE~'T; THENCE TI~UE NORTH 7S.2 F~NT TO pOINT OF COY~ENCE~iEI~T. EXHIBIT B Legal Description of the Multi-Family Housing Site Parcel 1 of Parcel Map No. 18595 in the City of Chula Vista, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, December 7, 2000 Roiling Hills Ranch May 14, 2003 045600-0108 29830.3 lo-l? · EXHIBIT C Release (Moderate Income Housing Requirements) [attached] RoBing Hills Ranch May 14, 2003 0456004) I08 29830.3 EXHIBIT C Release (Moderate Income Housing Requirements) WHEN RECORDED MAIL TO: NAME crrY OF CHULA WSTA ADDRESS 278 FOURTH AVENUE CITY, STATE & ZIP CHULAVISTA, CA 91910 PARTIAL TERMINATION OF AFFORDABLE HOUSING AGREEMENT This Partial Termination of Affordable Housing Agreement ('q'ermination") is entered into effective as of 2003 by and between the Cityof Chula Vista, a California Municipal Corporation ("City") and McMILLIN ROLLING HILLS RANCH', LLC, a Delaware limited liability company ("Developer"). The CITY OF CHULA VISTA, a California Municipal Corporation, does hereby remise, release, and discharge all of the real property described on Exhibit "1" from any lien or encumbrance related to the prevision of moderate income housing imposed thereon by the filing and recording of the certain "AFFORDABLE HOUSING AGREEMENT" dated as of June 17, 1997 (known as Instrument No. 1997-0400741 of Official Records in the Office of the County Recorder of San Diego County, California recorded on August 19, 1997). IN WITNESS WHEREOF, City of Chula Vista, a California Municipal Corporation, as Trustee, has caused its corporate name and seal to be hereto affixed by its duly authorized officer. Dated CITY OF CHULA VISTA, a California Municipal Corporation As Trustee Juan Arroyo, Housing Manager STATE OF CALIFORNIA ) ) SS. COUNTY OF SAN DIEGO ) On the day of ,200 , before me, the undersigned, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/hedtheir authorized capacity(les), and that by his/her/their signature(s) on the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (Seal) 045600-01 O§ 29896.1 Exhibit "1" Le~qal Description of the Rele;~ed Land All of the mai property described in that certain Affordable Housing Agreement dated as of June 17, 1997 and recorded in the Official Records of San Diego County, California, on August 19, 1997 as Document No. 1997~0400741 (the "Affordable Housing Agreement "), as more particularly described on the following attached pages. 045600-0108 29896.1 EXHIBIT D Release (Low Income Housing Requirements) [attached] Roiling Hills Ranch May 14, 20O3 045600~0108 29830.3 EXHIBIT D Release (Low Income Housin.q Requirements) WHEN RECORDED MAIL TO: · NAME CITY OF CHULA VISTA ADDRESS 278 FOURTH AVENUE CITY, STATE & ZIP CHULAVlSTA, CA 91910 .,, PARTIAL TERMINATION OF AFFORDABLE HOUSING AGREEMENT This Partial Termination of Affordable Housing Agreement ("Termination") is entered into effective as of 2003 by and between ~e CityofChula Vista, a California Municipal Corporation ("City") and McMILLIN ROLLING HILLS RANCHi LLC, a Delaware limited liability company ("Developer"). The CITY OF CHULA VISTA, a California Municipal Corporation, does hereby remise, release, and discharge all of the real property described on Exhibit "1" except for the real property described on Exhibit "2" from any lien or encumbrance imposed thereon by the filing and recording of the certain "AFFORDABLE HOUSING AGREEMENT" dated as of June 17, 1997 (known as Instrument No. 1997-O400741 of Official Records in the Office of the County Recorder of San Diego County, California recorded on August 19, 1997). IN WITNESS WHEREOF, City of Chula Vista, a California Municipal Corporation, as Trustee, has caused its corporate name and seal to be hereto affixed by its duly authorized officer. Dated CITY OF CHULA VISTA, a California Municipal Corporation As Trustee Juan Arroyo, Housing Manager STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) On the day of ,200 , before me, the undersigned, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/aro subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/their signature(s) on the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (Seal) 045600-0108 29897,2 Exhibit "1" Le;lal Description of the Released Land All of the real property described in that certain Affordable Housing Agreement dated as of June 17, 1997 and recorded in the Official Records of San Diego County, California, on August 19, 1997 as Document No. 1997-0400741 (the "Affordable Housing Agreement "), as more particularly described on the following attached pages, except for that real property described in Exhibit 2 attached. 045600-0108 29897.2 Exhibit "2" Legal Descriotion of the Retained Land Parcels 1 and 2 of Parcel Map No. 18595 in the City of Chula Vista, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, December 7, 2000 (the "Retained Land"). The Retained Land shall remain subject to the Affordable Housing Agreement. 045600-0108 29897.2 COUNCIL AGENDA STATEMENT Item t Meeting Date ~ ITEM TITLE: PUBLIC HEARING: Regarding the Proposed Assessment of Certain Delinquent Sewer Service Charges as Recorded Liens Upon the Respective Owner Occupied Parcels of Land and Placement of Delinquent Charges on the Next Regular Tax Bill for Collection RESOLUTION No. Assessing Delinquent Sewer Service Charges as Recorded Liens Upon the Respective Owner Occupied Parcels of Land and Approving Placement of Delinquent Charges on the Next Regular Tax Bill SUBMITTED BY: Director of Finance/'l'reasurer~/.. REVIEWED BY: City Manager~ ~/,, (4/5ths Vote: Yes __No X' ) In order to adequately protect the City's interest in delinquent sewer service charges and insure that collection efforts are directed towards the responsible property owner in the event of a change in ownership, staff is recommending approval for liens against affected properties as a preliminary action to replacing the delinquencies on the property tax rolls if they remain unpaid. Adoption of this resolution will enhance the collection process for delinquent sewer service charges by ensuring that the correct property owners are charged and that payment be received on a more timely basis. This is the identical process approved by City Council since August .1998. RECOMMENDATION: That Council open the public hearing to consider assessing delinquent sewer service charges as recorded liens on the affected properties, consider all testimony and continue the public headng until July 22 in order to satisfy public notification requirements. On July 22, staff recommends that Council adopt the resolution overruling all protests and assessing these charges as liens upon the respective owner occupied parcels of land. BOARDS/COMMISSIONS RECOMMENDATIONS: Not applicable. DISCUSSION: The Chula Vista Municipal Code Section 13.14.150 allows delinquent sewer service charges to be assessed as recorded liens upon the affected properties and ultimately placed on the property tax bills for collection. The ordinance states that upon notification of the property owners, a public hearing is set for sewer service accounts which.are over sixty days delinquent. At the hearing the City Council considers the delinquent accounts //-/ Page 2, Item_ /l? Meeting Date ~ together with any objections or protests by interested parties. At the conclusion of the hearing, the City Council, may either approve the delinquency and amount owed on the accounts as submitted or as modified or corrected by the City Council. Lastly, the City Council adopts a resolution assessing such amounts as liens upon the respective pamels of land, and the amounts are charged to the property owners on the next regular property tax bill. In December 2002, City Council approved midyear liens for 77 delinquent sewer service accounts valued at $37,800 to be forwarded to the County for collection on the next regular property tax bill. Staff has currently identified 258 owner occupied accounts totaling $95,161 as being over 60 days delinquent (listing available at the City Clerk's office). Many of these property owners have gone through this lien process previously as they continue to leave their sewer service accounts unpaid. These property owners have been notified of their delinquencies, and last month, they were notified of the public hearing and were asked to pay their delinquent sewer service charges pdor to this public hearing to avoid a lien being placed on their property. Payment arrangements will be set up as needed, and staff will continue to update this list as payments are received and accounts are cleared. A final list will be submitted to the City Council for consideration as soon as all payments are recorded. Staff is recommending that the City Council approve the final list of delinquent sewer accounts as submitted, and that these charges be forwarded to the County and assessed as liens on the respective owner occupied parcels of land and ultimately placed on the next regular tax bill for collection. FISCAL IMPACT: By placing delinquent sewer service charges on the property owner's regular tax bill, $75,000 in additional sewer fund revenues is estimated for FY02-03, For FY03-04, an estimated $72,000 is projected to be collected in this manner. RESOLUTION NO.2003- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING DELINQUENT SEWER SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE OWNER OCCUPIED PARCELS OF LAND AND APPROVING PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL WHEREAS, the Chula Vista Municipal code section 13.14.150 allows for delinquent' solid waste service accounts to become a lien upon the affected property served and also charged to the property owner on the next regular tax bill as a special; and WHEREAS, the ordinance states that upon notification of the property owners, a public hearing is set for sewer service accounts which are over sixty (60) days delinquent; and WHEREAS, at the heating, the City Council considers the delinquent accounts together with any objections or protests by interested parties; and WHEREAS, at the conclusion of the heating, the City Council may either approve the delinquency and amount owed on the accounts as submitted or as modified or corrected by the City Council; and WHEREAS, these property owners have been notified of their delinquencies, and of the public hearing, and asked to pay the delinquent sewer service charges prior to said heating to avoid property liens; and WHEREAS, staff is recommending that the City Council approve the final listing of delinquent sewer service accounts as submitted and that these charges be forwarded to the County for recordation as a lien and placement on the next regular tax bill for collection; and WHEREAS, any delinquent accounts that are cleared prior to July 22, 2003 will be removed fi.om the list prior to the submittal of these charges to the County. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby (1) overrule any and all protests or objections presented at the public heating and (2) approve, with respect to the delinquent account list presented by staff and on file in the office of the City Clerk, assessing delinquent sewer service charges as recorded liens upon the respective owner occupied parcels of land and the placement of such delinquent charges on the next corresponding regular tax bill unless cleared prior to July 22, 2003. Presented by Approved as to form by Mafia Kachadoorian Ann Moore Director of Finance City Attorney J 5attomey~resoXsewer~sewer delinquency 03 COUNCIL AGENDA STATEMENT Item / ~/~ Meeting Date ~ ITEM TITLE: PUBLIC HEARING: Regarding the Proposed Assessment of Certain Delinquent Solid Waste Service Charges as Liens Upon the Respective Parcels of Land and Placement of Delinquent Charges on the Next Regular Tax Bill for Collection RESOLUTION No. Assessing Delinquent Solid Waste Service Charges as Liens Upon the Respective Parcels of Land and Approving Placement of Delinquent Charges on the Next Regular Tax Bill SUBMITTED BY: Director of Finance/Treasurer/!~, REVIEWED BY: City Manager~ (4/5ths Vote: Yes __No X ) In order to adequately protect the City's interest in delinquent solid waste service charges and ensure that collection efforts are directed towards the responsible property owner in the event of a change of ownership, staff is recommending approval for liens against affected properties as a preliminary action to placing the delinquencies on the preperty tax rolls if they remain unpaid. Adoption of this resolution will enhance the collection process for delinquent solid waste service charges by reducing the amount of uncollectible losses and ensure that payment will be received on a more timely basis. This is the identical process approved by City Council on a quarterly basis since mid- 2001. RECOMMENDATION: That Council open the public headng to consider assessing delinquent solid waste service charges as liens on the affected properties, consider all testimony and continue the headng until July 22 in order to satisfy public notification requirements. On July 22, staff recommends that Council adopt the resolution overruling all protests and assessing these charges as liens upon the respective parcels of land. BOARDS/COMMISSIONS RECOMMENDATIONS: Not applicable. DISCUSSION: In November 1998, City Council amended Municipal Code Section 8.24 to require participation in solid waste service and eliminate suspension of solid waste service for nonpayment. To ensure that all residents pay their fair share of the costs of this progrem, the ordinance also allows delinquent solid waste service charges to be assessed as liens Page 2, Item. Meeting Date ~ upon the affected properties and ultimately placed on the property tax bills for collection. The ordinance states that upon notification of the property owners, a public hearing is set for solid waste service accounts that are over ninety days delinquent. At the hearing the City Council considers the delinquent accounts together with any objections or protests by interested parties. At the conclusion of the hearing, the City Council, may either approve the delinquency and amount owed on the accounts as submitted or as modified or corrected by the City Council. Lastly, the City Council adopts a resolution assessing such amounts as liens upon the respective parcels of land, and the amounts are charged to the property owners on the next regular property tax bill. As these amounts are collected, the monies are remitted to Pacific Waste Services less the City's Franchise Fees, AB939 fees and late charges. Because charges can only be submitted for placement on the property tax bills once a year in August, staff is recommending assessing liens on the affected properties midyear as to better ensure the City's chances for collection. If the City were to address these delinquent charges only once a year in August, the effectiveness of using the property tax bill as a means of collection would be significantly reduced as the owners of record in August would not necessarily be the people responsible for the delinquent charges. In cases where properties are sold or transferred, assessing liens midyear holds the correct parties responsible for the delinquent charges. In cases where property owners choose to refinance their mortgages, the midyear liens will ensure the City receiving payment in a more timely manner as the delinquent charges would be paid through escrow during the refinancing process. In February 2003, City Council approved 476 midyear liens on properties valued at $65,040. Since then, Pacific Waste Services has identified and submitted an additional 849 delinquent accounts valued over $105,096 to the city for collection. Through the City's preliminary collection efforts, 512 accounts have been resolved, and the remaining 337 accounts valued at $41,298 are now being submitted (listing available at the City Clerk's office). The account status and property ownership on these accounts have been vedfied by both Pacific Waste and City staff. Many of these delinquent accounts have gone through the lien process before as they continue to remain unpaid. These property owners were notified of their delinquencies through a series of past due notices sent by Pacific Waste until they were ultimately submitted to the City for collection. City staff also sent out a past due letter, and last month, these property owners were notified of the public hearing and were asked to pay their delinquent solid waste service charges by July 14, 2003 to avoid a lien being placed on their property. City staff has been working with Pacific Waste to resolve any customer disputes as they arise and payment arrangements have been set up as needed. Staffwill continue to update this list as payments are received and accounts are cleared. A final list will be submitted to the City Council for consideration as soon as all payments are recorded. Page 3, Item. Meeting Date ~ Staff is recommending that the City Council approve the final list of delinquent solid waste accounts as submitted, and that these charges be forwarded to the County and assessed as liens on the respective parcels of land and ultimately placed on the next regular tax bill for collection. FISCAL IMPACT: By using the property tax bill as the ultimate collection method for delinquent solid waste serVice charges, an estimated $180,000 should be collected in FY 02-03. These funds would then be forwarded to Pacific Waste Services less the city's Franchise Fees, AB939 fees and late charges. The city should recognize an estimated $16,500 increase in Franchise Fees, $3,500 in AB939 fees, and $11,000 in late charges for FY02-03. For FY03-04, an estimated $185,000 is projected to be collected in this manner. RESOLUTION NO. 2003- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REGARDING THE PROPOSED ASSESSMENT OF CERTAIN DELINQUENT SOLID WASTE SERVICE CHARGES AS LIENS UPON THE RESPECTIVE PARCELS OF LAND AND PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BiLL FOR COLLECTION WHEREAS, in November 1998, the City Council amended the Municipal Code to require participation in solid waste; and WHEREAS, to ensure that all residents pay their fair share of the costs of this program, Chapter 8.24 of the Chula Vista Municipal Code allows for delinquent solid waste service accounts to become a continuing lien upon the property served and also charged to the property owner on the next regular tax bill as a special assessment; and WHEREAS, after assignment of the delinquent account to the City for collection by the franchisee, and if the property owner has not paid the full amount of the delinquent solid waste service charge within fifteen days after the mailing of a "Final Notice of Delinquency", a public hearing shall be set to review and confirm the delinquent account before placing a lien and special assessment on the property; and WHEREAS, at the heating, the City Council is to consider the delinquent accounts together with any objections or protests by interested parties; and WHEREAS, at the conclusion of the heating, the City Council may either approve the delinquency and amount owed on the accounts as submitted or as modified or corrected by the City Council; and WHEREAS, the account status and property ownership on these accounts have been verified by both Pacific Waste and staff; and WHEREAS, property owners were notified of their delinquencies through a series of past due notices sent by Pacific Waste until they were ultimately submitted to the City for collection; and WHEREAS, staff has notified property owners of the public heating and has requested that they pay delinquent solid waste service charges before said heating to avoid property liens; and WHEREAS, staff is recommending that the City Council approve the final listing of delinquent sewer service accounts as submitted and that these charges be forwarded to the County for placement on the next regular tax bill for collection; and WHEREAS, any delinquent accounts that are cleared prior to July 22, 2003 will be removed from the list prior to the submittal of these charges to the County NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby (1) overrule any and all protests or objections presented at the public hearing and (2) approve, with respect to the delinquent account list presented by staff and on file in the office of the City Clerk, assessing delinquent sewer service charges as liens upon the respective parcels of land and the placement of such delinquent charges as a special assessment on the next corresponding regular tax bill, unless cleared by July 22, 2003. Presented by Approved as to form by Maria Kachadoorian Ann Moore Director of Finance City Attorney J:\attomey~reso\ finance~solid waste delinquency 03 COUNCIL INFORMATION MEMORANDUM DATE: July 9, 2003 TO: The Honorable Mayor and City Council VIA: David D. Rowlands Jr., City Manager/-.{.tjOb~rlO~ Leiter, Director of Planning and Building FROM: Robert A. SUBJECT: July 8, 2003 City Council Agenda Item #18; PCM-03-33 Due to some last minute revisions to the site plan by the applicant this item was continued until the July 15, 2003 City Council meeting. The following changes have been made: Page 3 of the Agenda Statement: Proposed Rear Yard Development Standards Page 6 of the Agenda Statement: Attachments Section (# 6 was deleted) Exhibit "A" of the Ordinance: Revised Site Plan Page 2 of Exhibit "B": Proposed Rear Yard Development Standards The appropriate pages have been changed out from the original report and the "final" packet with the revisions is attached herewith. Staff believes the changes are minor in nature and are overall consistent with the proposal as recommended for approval by both the Design Review Committee and the Planning Commission. COUNCIL AGENDA STATEMENT Item No.: Meeting Date: 07/~g/2003 ITEM TITLE: Public hearing: Precise Plan PCM-03-33, to establish development standards in order to construct four detached condominiums on one lot at 216, 218, 220 Davidson and 261 Twin Oaks in the R-3 Apartment Residential, Precise Plan (R3-P22) Zone. ^ I Director of Planning and Buildin~J,../ SUBMITTED BY: City Manage~ (4/5ths Vote: Yes No__) REVIEWED BY: The applicant, Harold D. West, is requesting a Precise Plan PCM-03-33, in order to establish development standards in order to construct four detached condominiums on one lot. Each unit would have a two-car garage and will be constructed to match the historic Victorian structure to the east of the site. RECOMMENDATION: Staff recommends that the City Council adopt the ordinance approving PCM-03-33. BOARDS/COMMISSIONS RECOMMENDATION: The applicant brought his proposal to the Design Review Committee for preliminary review on February 17, 2003. At that time the members of the committee expressed concern with the linear affect of the units, the reduction of setbacks and fence heights. To address the concerns of the committee, the applicant revised his proposal to allow for more movement of the buildings and variations of roof heights. The item was brought back to the Design Review Committee for a public hearing on June 2, 2003. At that time, the Design Review Committee found that the project conforms to the Design Guidelines of Chula Vista and voted 5-0-0-0 to approve the site plan and architectural elevations for the project with a limitation on wall and fence heights to 6 feet. The item was then brought before the Planning Commission on June 25~, 2003 at which time they voted 5-0-0-2 to recommend that City Council adopt the ordinance approving PCM-03-33. DISCUSSION: 1. Site Characteristics The subject property currently consists of four dwelling units, three attached units and. one detached SFR on a 9,632 square foot lot. All of these units are proposed to be demolished. Page 2, Item No.: _ ' 4~ Meeting Date: 07/_1~./2003 The site is situated east of Third Avenue, west of Second Avenue and is bordered by F Street to the north and G Sl~eet to the ~outh. 2. General Plan, Zoning, and Land Use The project is located in the R-3 - Apartment Residential Zone, with a Precise Plan (P) Designation (R-322P) and has a General Plan Land Use Designation of Residential Medium High (11 - 18 dwelling units per gross acre). The (15) designation allows for discretionary approval of development standards and regulations that will allow development within the zone that may not otherwise meet the standards of the underlying zone. The proposed density is consistent with the Residential Medium High general plan designation and lower than the 22 units per acre zone designation. Adjacent zoning and land use include: General Plan Zoning Current Land Use Site: Residential, Medium-High R-3P22 Multi-family residential North: Residential, Medinm-High R-3P22 Multi-family residential South: Residential, Medium-High R-3P22 Single-family residential East: Residential, Medium-High R-3P22 Single-family residential West: Residential, Medium-High R-3P22 Duplex/Residential 3. Proposal The project consists of constructing 4 detached condominium units of varying sizes. Each unit would have a two-car garage. The decorative facades, various roof pitches and the asymmetrical architecture of each unit will be compatible with the Victorian home to the east and the historic flair of downtown Chun Vista to the west. The project also proposes patios and porches, which are important elements of Victorian architecture. However the applicant is also proposing 7 - 8 feet wall enclosures which may deter from the overall open design of Victorian subtypes and are inconsistent with the single-family residential allure of the project. The applicant also proposes to utilize mature landscaping and will provide street trees along the length of the project. 4. Analysis The proposed project is an appropriate use for the 9,632-square-foot lot located in the R- 3P22 Zone, where, according to the Chun Vista Municipal Code, "The purpose of the R-3 zone is to provide appropriate locations where apartment house neighborhoods of varying degrees of density may be established, maintained, and protected." Section 19.56.041(C) states that a precise plan may be implemented if the basic underlying or underlying zone regulations does not allow the property owner and/or the city appropriate control or flexibility needed to achieve an efficient and proper relationship among the uses allowed in the adjacent zones. Page 3, Item No.: ]~ Meeting Date: ~ The applicant would like to develop an "upscale" condomini~ma development that will be compatible with the historic character of the surrounding area. In an effort to provide relatively affordable single-family housing opportunities, the applicant has proposed this condominium project with four detached units, each with an attached two-car garage. However, the applicant is constrained by the development standards of the R-3 Zone. The goal of the applicant is to retain the same number of existing housing units, while creating a single - family allure. The requested deviations would provide the applicant an opportunity to meet these goals and as well would enhance the public convenience and general welfare of the community by providing quality housing opportunities. Further, the new project would provide off-street parking that currently does not exist at 216, 218, and 220 Davidson and 261 Twin Oaks Avenue. The on-site provision of parking would help enhance thc character of the neighborhood and the public convenience of thc community by alleviating on-street parking that at times is impacted by events within the downtown area. DEVELOPMENT STANDARD ALLOWED PROPOSED Height 28 feet Units 1 & 4 = 24 ft 6 in. Units 2 & 3 = 32 ft.* Lot Coverage 50% 44% Setbacks: Front (to garage) 22 feet Unit 1 = 19 feet* Unit 2 -- 19 feet* Unit 3 = 20 feet* Unit 4 = 18 feet* Rear 15 feet 3 feet 10 in* Sides 5 feet (interior) 5 feet 10 feet (exterior) 10 feet Parking 4 two-car garages 4 two-car garages *Requested flexibility from the R-3 zone per Sections 19.56.040 and 041 of the Chula Vista Municipal Code. The proposed use appears to meet the finding necessary to grant Precise Plan, PCM-03-33: A. That such use will not under the circumstances of the particular case be detrimental to the health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. The project has been evaluated in accordance with the goals and objectives of the Chula Vista Municipal Code and the General Plan. By providing quality single-family detached homes with adequate on-site parking the project wili enhance the quality of thc neighborhood and will promote public convenience and the general welfare of the community. Page 4, Item No.: Meeling Date: 07/08/2003 B. That such plan satisfies the principle for application of the P modifying district as set forth in CVMC 19.56.041 (C). The site is zoned R~3 with a Precise Plan modifier CR-3P22) and is subject to the development standards of the R-3 zone. Deviations from the R3 standards are are necessary to allow the development of the site with an efficient and functional use that will have a proper relationship to adjacent uses and be compatible with the historic character of the surrounding area. C. That 'any exceptions granted which may deviate from the underlying zoning requirements shall be warranted ortly when necessary to meet the purpose and application of the Precise Plan. Development of the lot using the standards of the R-3 zone would limit the potential to maximize the use of the site with four detached single-family residences that would be more compatible with the neighborhood than attached units allowed by the R-3 zone. As a result, the project has been designed with reduced setbacks and heights that exceed the maximum allowed by the zone but at a density lower than the 22 units per acre allowed by the zone designator (P22). These deviations are warranted given the constraints to the site and the intent to maximize the use of the property to provide quality housing in the western portion of Chula Vista. D. The approval of this plan will conform to the General Plan and the adopted policies of the City Of Chula Vista. The project has been evaluated in accordance with the goals and objectives of Chapter 1 (1-8) of General Plan Goal 3 which states "It is the goal of the city to accommodate a full diversity of housing types, while maintaining an orientation to detached single-family living." Further, Goal 3 states that it is an objective of the City (Objective 11) to "assure that new development meets or exceeds a standard of high quality planning and design. 5. Access/Circulation Each unit will have a two-car garage that will be directly accessible from the frontage street. No on-site vehicle circulation will result from tiffs design. The proposed project will be replacing four existing dwelling units and therefore will not result in a significant increase in traffic. 6. Parking The 4 two-car garages will meet the required parking for this project. The applicant has requested a reduction of 2 to 4 feet from the 22-foot setback requirement for each of the two- car garages. The reduced setback will still allow for on-site guest parking which will help alleviate any parking impacts created from downtown activities and the surrounding area. Page 5, Item No.: _ tS Meeting Date: 07/I}~/2003 7. Landsca~p~g To help minimize the tuass of the structures, this project will utilize mature landscaping. It will also include shrubs, trees, and flowering plants throughout the site. To contribute to the pedestrian appeal of the neighborhood, the applicant will also provide street trees along the length of the project on Davidson and Twin Oaks. In addition, all landscaping will be subject to the requirements of the City's Landscape Manual and will require review and approval by the City's Landscape Planner. Prior to issuance of a building permit, an irrigation and water management plan shall be submitted to the City Landscape Planner for review and approval. 8. Trash Disposal/Recycling The project proposes one trash storage unit per unit. The trash storage units will be fully enclosed and easily accessible to each unit. The applicant must enter into a Recycling and Solid Waste Plan with the City prior to final project approval. 9. Architecture Monotonous linear elevations will be avoided by the various roof heights and styles of each unit. The asyr0metrieal facades provide dimension and character to the project as well as to the overall neighborhood. The architectural style complements the historic character of the surrounding area. The combination of both vertical and horizontal articulation of the rooflines and the use of hips and gables lend to the Victorian charm and architecture. Each of the proposed units would use color contrast and variation to enhance the architectural elements of the project. A minimum of three colors will be used on each unit. The use of material and color contrast will provide dimension and will complement the architectural style of'the project and the historic Victorian house to the east. 10. Walls & Fencing The only unresolved issue from the applicant's perspective is the permitted height of the walls proposed to enclose the private yard areas associated with each unit. The applicant, Mr. West, desires to have walls up to 8 feet in height to provide added privacy for future homeowners. Staff, the DRC and the Planning Commission have not accepted the argument that walls that high are necessary to provide privacy and are more concerned with the impacts such walls would have on adjacent properties or the public right-of-way. Therefore the recommendation to the Council is to not allow the private walls to exceed the 6-foot height limit of the Zoning Ordinance. Page 6, Item No.: ;3 Meeting Date: 07/0~2003 CONCLUSION: The high quality design of this project will enhance the public convenience and general welfare of the surrounding neighborhood. Therefore, staff and the Planning Commission recommendation requests that the City Council adopt the attached Ordinance approving PCM- 03-33, a Precise Plan to deviate from the development standards of the R3 Zone. FISCAL IMPACT: There will be no fiscal impact to the General Fund associated with this project. The applicant will be responsible for all processing fees. Attachments 1. Locator Map 2. Precise Plan Application 3. DRC Notice of Decision 4. Draft Planning Commission Minutes from 6/25/03 5. Planning Commission Resolution 6. Color Elevations J:\Planning\Lynnette\council\PCM-03-33 council agenda statement doc.doc /3 7 PROJECT CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR ..OJEC~ PROJECT DESC.,~no.:  APPUCANT: HAROLD D. WEST .RO:ECT PRECISE PLAN ~DRESS: 216-220 DAVIDSON STREETRequest: Proposing a precise plan for demolition $CAJ-E: FILE NUMBER: of (4) units and construction of (4) single family · NORTH No ScaPe PCM-03-33 ~ homes with enclosed 2 car garage. ~1 I.cdr 06.19.03 ,~ J~TT~'UUEItlT I ::~.;:~. P~ ~d~g ~,~ Application Form - Type A .~ ~ VI~A'~ .(619)691-5101 :....:~ '~-%\{~--' DeveloPment Processing ~ ci~z ox cz-~uL~ Planning & Building Department ~plic~on Form ~ ~ 276 Fo~'Av~ue ~~ (6~9~-5~0~ ~ TWO 1BR ~ 2BR _ ~ 3+BR., '~ T~al ~ -~, ~na S~ces Total of ~ng I~e: ~ c R~uir~C~: ~ ~H ~ ~ ~ NON-~S~E~ PRO.CT S~Y ~fi~ed Total ~ Emperor= ~ ot E~s ~ any o~ ~ ~ng S~ces R~uI~ S~ces ~ T~ of ~ng Print Applicant or Agent Name Applica~ or A~nf~nat~re Print Owner Name _Ow~.r Signature* I~.~r~ct # Ac~r~ Is not Owner] * Letterofowner~onsentmaybe useclln Ileu. ofggncflure. ,?..~ ..~/,~ ATTA~HNENT 2/2 Planning & Builcling Department Planning Division - Development Processing  ~ne~,, 276 Fourlh Avenue, Chula Vista, CA 91910 101 Application Appendix "A" PROJECT DESCRIPTION AND JUSTIFICATION PROJECT NAME:.. ,,-'r"(,o,~ t,,3 (~ Al<_/` APPLICANT NAME: 1L'J Please describe fully the proposed project, any and all construction that may be accomplished as a result of approval of this project and the project's benefits to yourself, the properbj, the neighborhood and the City of Chula Vista. Include any details necessary to adequately explain ,the scope and/or operation of the proposed project. You may include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. For all Conditional Use Permits or Variances, please address the required "Findings" as listed in listed in the Application Procedural Guide. · Description & Justification. wE ARE ~ 'nm ~ES~N REX'mW co~,na-~. To APPROVE DETACHED HOMES, , THIS PROJECT THAT CONSISTS OF THREE SINGLE FAMILY THE SURROUNDING BUILDINGS CONSIST OF EITHER HIGH DEN'e~rv SINGLE HObll~ CONSTRUCTED PRE 1960. o-- ~ ~-"~-~ ~ l BUILDINGS COI'/STRUCTED IN THE 1960'S OR MOST OF THE BUILDINGs ARE IN POOR CONDITION. THIS PARCEL IS ZONED R-3. BUILT ON THIS PARCEL, IN THE PAST YFAR THERE WOULD HAVE BEEN A 6 UNIT (OR MORE) APARTMENT COMPLEX SPACES F-ACK ZONING CHANGES NOW CALL FOR. ONLY FOUR UNITS TO BE BUILT WITH TWO OFF STREET PARKING BUT INSTEAD OF THREE 2 BEDROOM APARTMENTs, WE ARE PROPOSING, A CHANCE FOR FOUR FAM~.W.g 'fO OWN THEIR MAINTENANCE AGREEbIENT .... ,-,.~ n~tv~,. ~CLUDED IN THE CONDO ~,~.vr,~,~.,--~ ...~ EST · · ,~,~,.~-m~ ~ t rtt~,.e WILL BE A LANDSCAPE, WORK. THEY WILL LIVE WITHIN WALKING DISTANCE OF SCHOOL~, SHOPPING, RESTAURANTs AND ~ CONCRETE COLUlVlNS, DECORATIVE POP OUT ARC~tl'ECTUp.,~L FFATURES ON THE STUcco ~OR. CUSTOM CONCI~TE DRIVEWAYS AND SIDEWALKS. THEy WILL BE THREE BIK)R(X)M, THREE BATH HOMES, 1700 SQ Fr EACH WITH GRAIqirE COUN~'.~:RTOPS, CERAMIC TILE m IAM HOPING 'IHAT THIS PRO/I/CT WILL SET A TREND IN THE AREA AND THAT OTHER PROP]~,.Ty O¥ THIS PRO,IECT WILL USE A PRECISE PLAN TO (HVE THE PRO.IEC T A MORE PLFASING AND ASTHETIC LOOK AND STILL GIVE THE NEIOHBOR]lqG PROPERTIF_,S AMPLE ROOM. O P ' Appendix B - THE Cl'l, OF CHULA VISTA DISCLOSURE ST,,,; EMENT · You are required to file a Statement of Disclosure of certain ownership or financial interests, payments, or campaign contributions, on all matters which will require discretionary action on the part of the City Council, Planning Commission, and all other official bodies. The following information must be disclosed: 1. List the names of all persons having financial interest in the property which is the subject of the applica~;on or the contract, e.g., owner applicant, contractor, subcontractor, material supplier. .,~3~ any person* identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. ./~afnany parson' identified pursuant to (1) above is non-profit organization or a trust, list the names of y person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. .,~'~Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions, Committees, and Council within the past twe {/e mOnths'~ Yes No ~ If yes, please indicate person(s): _ ' .... 5. Please identify each and every person, including any agents, employees, consultants, or independent contractors who you have assigned to represent you before the City in this matter. 6.' Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Councilmember in the current or preceding election period? Yes No ~'"'lf yes, state which Councilmember(s): ... -. . (NOTE: ATTACH ADDITIONAL PAGES AS N~CE$$ARY) I t / Si.~ha[ure of COntractor/applicant ; J~'~'~*"~"" Print or type name of conlractor/applicant er~on~defneda~: '~?;~N~d~cd. firm co-mm-m~-,/,' 'm ATTACHMENT 2/4 e$tme, trust, recerver. ~yndicme, t~ a~ orO; other com-~,, cJm; ~=-~ ......... r~tJo~ corporation,  Design Review Committee cnv or NOTICE OF DECISION CHULA VISTA On DRC-03-79; (Harold West) 216-220 Davidson Street/261 Twin Oaks Notice is hereby given that the Design Review Committee has considered DRC-03-79 for property located at 216-220 Davidson and 261 Twin Oaks. This is a request for a new condominium project consisting of four detached condominiums each with a attached two car gat'age. The Environmental Review Coordinator has reviewed the proposed project for compliance with the Califomia Environmental Quality Act and has determined that the proposed project qualifies for a Class 3 categorical exemption pursuant to Section 15303 of the State CEQA Guidelines. Thus no further enviromnental review is necessary. The Design Review Committee, under the provisions of Section 19.14.582.I of the Chula Vista Municipal Code, has conditionally approved said request based upon the following findings of facts: 1. That the proposed development is consistent with the development regulations of the R-3P-22 Zone. The proposed development conforms with the development regulations of the R3P22 Zone to promote and encourage varying degrees of density and residential opportunities. The project will provide adequate off-street parking with the construction of 4 two-car garages. The (P) modifier designation allows for flexibility of development standards such area and yard requirements, such as, setbacks and building height limitations. 2. The design features of the proposed development are consistent with, and are a cost effective method of satis~ing, the City of Chnla Vista Design Manual and Landscape Manual. The project is consistent with the City Of Chula Vista Design Manual. The architecture of the proposed project will be compatible with the character of the surroUnding neighborhood. The proposed project is in proportion to the scale of the surrounding area. The proposed project will be harmonious in style, form, size, color and materials and will meet the standards of quality which has been set by the surrounding development. Approval of DRC-03-79 is conditioned upon the following: I. Prior to the issuance of any permits required by the City of Chula Vista for the use of the subje, ct property in reliance upon this approval, the applicant shall satisfy the following requlrements: ATTACHMENT 3 DRC- 03-79 Page 2 A. The property owner and the applicant shall execute this document by making a true copy of this Notice of Decision and signing both th/s original notice and the copy on the lines provided below, said execution indicating that the property owner and applicant have each read, understood and agreed to the conditions contained herein, and xx411 implement same. Upon execution, the tree copy with original signatures shall be returned to the Planning Department. Failure to return the signed true copy of this document prior to submittal for building permits to the Planning Department shall indicate the property owner/applicant's desire that the project, and the corresponding application for building permits and/or a business license, be held in abeyance without approval. Signature of property owner Date 216-220 Davidson/261 Twin Oaks N/A N/A Signature of Authorized Representative Date Planning and Building Department Conditions: B.) The colors and materials specified on the building plans for all four units must be consistent with the colors and materials shown on the site plan approved by the Design Review Committee on June 2, 2003. C.) The wall facing Twin Oaks shall line up with the entrance of Unit 2. All wall heights are subject to the provisions of CVMC 19.58.150 and no fence or wall shall exceed 6 feet in height. D.) Planmng Commission and City Council must approve precise Plan, PCM-03-33. E.) Provide a detailed Planting and Irrigation plan for review and approval by the Landscape Planner. F.) A Water Management Plan and a Fencing Plan shall be provided in conjunction with Planting & Irrigation Plan. G.) Lighting for the facility shown on the site plan shall be in conformance with Section 17.28.020 of the Municipal Code. A lighting plan shall be provided that includes details showing that the proposed lighting shall be shielded to remove any glare from adjacent properties. H.) Comply with all requirements of the Building Division including the following: I) Obtain all necessary permits. DRC- 03-79 Page 3 2) Submit architectural plans for building permit review that are stamped and signed by a licensed architect. :Plan~ shall include a site plan and building elevations that are consistent with this DRC approval. 3) Stractura~ plans and calculations must be stamped and signed by a California Registered Civil/Structural Engineer. 4) Project shall comply with 2001 Energy Requirements 5) Project shall comply with 2001 CBC, CPC, CEC, and CMC 6) Openings are not permitted in walls less than 3 feet from assumed property lines between buildings. Overhangs less than 3 feet from assumed property lines must be heavy lumber construction or 1 hour rated. I.) A graffiti resistant treamaent shall be specified for all wall and building surfaces. This shall be noted for any building and wall plans and shall be reviewed and approved by the Director of Planning & Building prior to the issuance of building permits. Additionally, the project shall conform to Sections 9.20.055 and 9.20.035 of the CVMC regarding graffiti control. J.) All ground mounted utility appurtenances such as transformers, AC condenserS, etc., shall be located out of public view and adequately screened through the use ora combination of concrete or masonry walls, berming, and/or landscaping to the satisfaction of the Director of Planning and Building. J.) To determine water sufficiency for this project, a letter from the Chula Vista Fire Department stating fire flow requirements must be submitted to Sweetwater Authority. K.) The applicant shall pay all applicable school fees. L.) The City of Chula Vista Recycling and Solid Waste Plan must be completed and approved by the City's Special Operations Manager. Engineering Department Conditions : M.)The applicant must comply with all conditions of the Engineering Department: 1 .) A Tenative Parcel Map and Final Parcel Map shall be required in order to create the four detached single family un/ts (Condominium Map). 2.) The applicant shall pay all applicable development fees (i.e. sewer capacities fees, traffic signal fees, and development impact fees.) 3.) Removal of existing driveways and replacement with sidewalk must be in conformance with Chula Vista City Standards. 4.) Pack Acquisition and Development (PAD) fees will be required. 5.) Separate sewer lateral connections to the City Sewer System for each unit. DRC- 03-79 Page 4 6.) Installation of curb, gutter and sidewalk on Twin Oaks Avenue. Curb line shall be 18 feet from centerline on Twin Oaks Avenue. Curb and sidewalk improvements shall be transitioned to match existing improvements. 7.) Installation of one t 00W HPSV Slxeet Light at the southeast comer of Davidson Street and Twin Oaks Avenue. 8.) Improvement plans prepared by a registered civil engineer shall be approved prior to issuance of a construction permit. Fire Department Conditions: N.) Three story units will require 13D fire sprinkler systems installed. (Units #2 and #3) O.) All units require smoke detectors in all bedrooms and hallways leading to bedrooms and at top of stairs. All must be battery back up and interconnected. P.) Sprinkler plans must be submitted and approved prior to issuance of building permits. Q.) Final sprinkler and building inspection will be required prior to use or occupancy. Police Department Conditions: Plans for building permits shall note the following requirements of the Chula Vista Police Department. S.) If applicable, all management and employees are to complete training in the Crime Free Multi-Housing Progrmn. T.) All living unit doors must be solid core doors with deadbolts, two-inch screws for mounting deadbolt lock strike plates and peep holes with a minimum of 180 degree range of view. U.) Windows must meet AAMA Forced Entry Resistance Standards. W.) Sliding glass doors must have Track or Channel Locks. X.) All lighting must be break resistant/tamper proof fixtures. Y.) A security survey may be performed by the Crime Prevention Unit. II. Prior to use or occupancy of the property in reliance on this approval, the following requirements shall be met: ATTACHMENT 3/4 DRC- 03-79 Page 5 Landscaping: A.) All landscaping and hardscape unprovements shall be installed in accordance with the · approved landscape plan and the comments of the City Landscape Planner. Engineering: B.) Construct the driveway approach per Chula Vista Construction Standard No. 1. C.) The project must comply with all the applicable provisions of the .Model SUSMP for the San Diego Region to the satisfaction of the City Engineer. The project shall incorporate into the project planning and design effective post-construction Best Management Practices and provide all the necessary studies and reports demonstrating compliance with Model SUSMP and the requirements of the NPDES Municipal Permit, Order No.2001-01. The applicant is required to complete the applicable Storm Water Management Forms (provided to applicant May 9, 2003). The applicant shall implement a Storm Water Pollution Prevention Plan (SWPPP) concurrent with the commencement of any grading activities. A water quality study will be required to demonstrate compliance with the requirements of the National Pollutant Discharge Elimination System (NPDES) Construction and Municipal Permits, including Standard Urban Storm Water Mitigation Plans (SUSMP) and Numeric Sizing Criteria requirements. Fire Department: D.) Final sprinkler and building inspection wiU be required. III. The fo/lowing on-going conditions shall apply to the subject property as long as it relies upon tiffs approval. A.) The site shall be developed and maintained in accordance with the approved plans dated June 2, 2003. B.) The property must be kept sardtary and litter free as per Chula Vista Municipal Code 8.24.060. C.) Fire sprinkler system must be maintained. D.) All trees and shrubbery are to be maintained. Trees are to be cleared up at least six feet and shrubbery is to be cleared to three feet tall. E.) The project must stay in compliance with the State mandate to reduce waste generated by all residences and must comply with the Recycling and Solid Waste Plan filed with the City of Chula Vista Manager of Special Operations office. " ATTACHMENT 3/5 DRC- 03-79 Page 6 F.) Approval of this request shall not waive compliance with all sections of Title 19 of the Municipal Code, and all other applicable City Ordinances in effect at the time of building permit issuance. G.) This Design Review permit shall be subject to any and all new, modified, or deleted conditions imposed after approval of this permit to advance a legitimate governmental interest related to health, safety, or welfare which the City shall impose after advance written notice to the Permittee and after the City has given to the Permittee the right to be heard with regard thereto. However, the City, in exercising this reserved right/condition, may not impose a substantial expense or deprive Permittee ora substantial revenue source which the Permittee cannot, in the normal operation of the use permitted, be expected to economically recover. PASSED AND APPROVED BY THE DESIGN REVIEW COMMITTEE OF THE CITY OF CHULA VISTA, CALIFORNIA, this 2nd day of June, 2003. AYES: NOES: ABSTAIN: ABSENT: ATTEST: John Schmitz, Zoning Administrator Rosemarie Rice, Secretary J:\Planning\Lynnette\administrative review\NOD~DRC-03-79 216 davidson NOD.doc ATTACHMENT 3/6 Planning Commission Minutes - 2 - June 25, 2003 2. PUBLIC HEARING: PCM 03-33, Precise Plan to establish development standards in order to construct four detached condominiums on one lot at 216, 218, 220 Davidson and 261 Twin Oaks in the R-3 Apartment Residential, Precise Plan (R3-P22) Zone. Applicant: Harold D. West Background: Lynette Tessitore-Lopez, Associate Planner reported that the project consists of constructing 4 detached condominium units of varying sizes, each having a two-car garage. The project incorporates facades, various roof pitches, patios and porches creating important elements of Victorian architecture, which will assimilate well with the Victorian home to the east, and the historic flair of downtown Chula Vista to the west. The applicant is also proposing a 7 to 8 foot high wall enclosures, which may deter from the overall open design of the Victorian style. Additionally, he is proposing utilizing mature landscaping and will provide street trees along the length of the project.. The two-car garages will meet the required parking for this project and the provision of on-site parking will help alleviate any parking impacts created from downtown activities. The applicant has requested the following deviations from the 22 front yard setback requirement: · A three foot deviation for unit #1 and #2 · A two foot deviation for unit #3 · A four foot deviation for unit #4 The rear yard requirement is a minimum of 15 feet, and the applicant has requested a minimum 3 feet 6 inches. The maximum height of the zone is 28 feet; the applicant is proposing to exceed that height by 4 feet in unit #2 and #3. The applicant has requested the deviations in order to maximize use based on the size restrictions of the site, as well as to develop an upscale condominium project, while at the same time creating a single family allure. Perimeter fencing and on-site walls will be an important design component to this project and, however, staff feels that exceeding the six foot height requirement, as proposed by the applicant, would detract from the single family residential allure of this project. Staff Recommendation: That the Planning Commission recommend approval of the Resolution, recommending that the City Council adopt the Ordinance approving PCM 03-33 to deviate from th(f development standards of the R-3 Zone and for watl and fence heights not to exceed six feet. Planning Commission Minutes - 3 - June 25, 2003 Commission Discussion: Commissioner Castaneda asked for further elaboration on [he fencing material and what is meant by "mature landscaping material". Harold West, 145 Second Avenue, Chula Vista, CA,' applicant, responded that they would plant 30 inch box trees, and could possibly incorporate larger trees that would require a crane to plant them, however, given the small area where the trees will be planted, the 30-inch box trees would be more appropriate. Cmr. Castaneda expressed his desire to ensure consistency in upholding development standards for street frontage and design in terms of landscaping and hardscaping. He further stated he was surprised to see that there appears to be no opposition from the area residents in terms of opposing exceeding the height requirements. Mr. West stated that they are also developing another project just down the street from there (3 homes) and they have had very good response from the neighborhood. The enhancements for the proposed project include widening the street by 3 feet and the project also addresses the parking issue by providing on-site parking, therefore, it is no surprise to him that there would be no neighborhood opposition. Commissioner Horn inquired about the maintenance of the perimeter fence in terms of graffiti eradication. Mr. West responded that they are required to use graffiti resistant material for the fencing. Public Hearing Opened 6:50. Harold West, 145 Second Avenue, Chula Vista, CA, applicant addressed the fence height issue, indicating that because these units are small and don't have a big back yard, in his opinion the least they ought to be able to offer the residents is a bit more privacy in their yards. By raising the fence height, the yard is integrated more into part of the living area by offering more privacy for jacuzzi's, patio furniture and outdoor cooking areas. Public Hearing Closed 6:55. The Commission felt they could support the project because it is well designed, fits in with the character and vision set forth for that neighborhood, and there will be street enhancements associated with the project.. MSC (Castaneda/Hom) (5-0-0-2) That the Planning Commission recommend approval of the Resolution, recommending that the City Council adopt the Ordinance approving PCM 03-33 to deviate from the development standards of the R-3 Zone and for wall and fence heights not to exceed six feet. Motion carried. /9 r7'-,9 c/-/ RESOLUTION NO. PCM 03-33 RESOLUTION OF TI-IF. PLANNING COMMISSION OF TIlE crrY OF CHULA VISTA RECOMMEDING THAT TIlE CITY OF CHULA VISTA CITY COUNCIL APPROVE A PRECISE PLAN (PCM-03-33) ALLOWING THE DEVELOPMENT OF FOUR CONDOMINIUMS LOCATED AT 216, 218, 220 DAVIDSON AND 261 TWIN OAKS AVENUE IN TI-IE APARTMENT RESIDENTIONAL, PRECISE PLAN (33-P22) ZONE. WHEREAS, a duly verified application for a Precise Plan was filed with the City of Chula Vista Planning Department on April 1, 2003, by Harold D. West; and WHEREAS, said applicant requests approval of a Precise Plan to allow for four detached condominiums on one lot located in the Apaxtment Residential, Precise Plan (33-P22) Zone; and WHEREAS, the Environmental Review Coordinator, in compliance with the California Environmental Quality Act (CEQA) has determined that the proposed project qualifies for a Class 3 categorical exemption pursuant to Section 15303 of the State CEQA Guidelines and thus no further environmental review is necessary~ and WHEREAS, the Design Review Committee approved the design of said project at a meeting on June 2, 2003. WHEREAS, the Planning Director set the time and place for a heating on said Precise Plan and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailing to property owners and residents within 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely June 25, 2003, at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and WHEREAS, after considering all reports, evidence, and testimony presented at said public hearing with respect to the Precise Plan application, the Planning Commission voted __ to recommend approval of the Precise Plan (PCM-03-33). NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION does hereby recommend that the City Council adopt the attached Ordinance approving Precise Plan (PCM-03-33) in accordance with the findings and subject to the conditions contained therein. BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the City Council and the applicant. PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 25th day of June 2003, by the following vote, to wit: AYES: CORTES, HALL, CASTANEDA, HOM, FELBER NOES: ABSTAIN: ABSENT: MADRID, O'NEILL ~c,-~ ~,~._Q Russ Hall, Chair ATTEST: Diana Vargas, Secre*~-''~ JXPI annin gkMichael\PCC ReportskPCM-03-15 ATTACHMENT 4/2 ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING DEVELOPMENT STANDARDS FOR PRECISE PLAN PCM-03-33 KNOWN AS 216, 218, 220 DAVIDSON AND 261 TWIN OAKS AVENUE CONSISTING OF 4 DETACHED CONDOMINUMS EACH WITH A TWO-CAR GARAGE ON AN EXISITNG 9,632 SQUARE FOOT LOT. I. RECITALS A. Project Site WHEREAS, the area of land, which is the subject of this Ordinance is diagrammatically represented in Exhibit "A" and incorporated herein by this reference, and for the purpose of general description herein consists of 4 detached condominiums, each with an attached two-car garage on an existing 9,632 square foot lot located at 216, 218, 220 Davidson and 261 Twin Oaks Avenue ("Project Site"); and B. Project; Application for Discretionary Approval WHEREAS, on April 1, 2003, Harold D. West ("Applicant") filed a Precise Plan application with the Planning and Building Department of the Ci.ty of Chula Vista for a 4 unit condominum project ("Project"); and C. Prior Discretionary Approvals WHEREAS, the Design Review Committee meeting was scheduled and advertised for June 2, 2003, at 4:30 p.m. in the Council Chambers, 276 Fourth Avenue at which time the Design Review Committee found that the project conforms to the Design Guidelines of Chula Vista and voted 5-0-0-0 to approve the site plan and architectural elevations for the project. WHEREAS, the Planning Commission held an advertised public hearing on the Project on June 25, 2003, and, after considering all reports, evidence and testimony presented, voted 5-0-0-2 to recommend that the City Council adopt the ordinance approving the Project, in accordance with the Development regulations shown in Exhibit "B" based on the findings listed below; and, D. Planning Commission Record on Applications WHEREAS, a duly called and noticed public heating on the Project was held before the City Council of the City of Chula Vista on the Project and to receive the recommendations of the Planning Commission, and to hear public testimony with regard to the same; and, WHEREAS, the Planning Department set the time and place for a hearing on said Project, and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, and its mailing to property owners within 500 ft. of the exterior boundary of the project, at least ten (10) days prior to the hearing; and, Ordinance Page 2 WHEREAS, The proceedings and all evidence introduced before the Planning Commission at the public heating on this project held on June 25, 2003, and the minutes and resolution resulting there from, are hereby incorporated into the record of this proceedings; and, E. City Council Record on Applications WHEREAS, the City Clerk set the time and place for the hearing On the Project applications and notices of said hearings, together with ifs purposes given by its publication in a newspaper of general cimulation in the city, and its mailing to property owners within 500 ft. of the exterior boundaries of the Project site at least ten days prior to the heating; and, WHEREAS, at the same City Council meeting at which this Ordinance was introduced on July 8, 2003, the City Council of the City Of Chula Vista considered the ordinance which included the standards for a Precise Plan for 216, 218, and ~220 Davidson and 261 Twin Oaks Avenue. II. NOW, THEREFORE, the City Council of the City Chula Vista does hereby find, determine and ordain as follows: CERTIFICATION OF COMPLIANCE WITH CEQA The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the proposed project qualifies for a Class 3 categorical exemption pursuant to Section 15303 of the State CEQA Guidelines. Thus no further environmental review is necessary. A. PRECISE PLAN FINDINGS 1. That such use will not under the circumstances of the particular case be detrimental to the health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. The project has been evaluated in accordance with the goals and objectives of the Chula Vista Municipal Code and the General Plan. By providing quality single-family detached homes with adequate on-site parking the project will enhance the quality of the neighborhood and will promote public convenience and the general welfare of the community. 2. That such plan satisfies the principle for application of the P modifying district as set forth in CVMC 19.56.041 (C). The site is zoned R-3 with a Precise Plan modifier (R-3P22) and is subject to the development standards of the R-3 zone. Deviations from the R3 standards are necessary to allow the development of the site with an efficient and functional use that will have a proper relationship to adjacent uses and be compatible with the historic character of the surrounding area. Ordinance Page 3 3. That any exceptions granted which may deviate from the underlying zoning requirements shall be warranted only when necessary to meet the purpose and application of the Precise Plan. Development of the lot using the development standards of the R-3 zone would limit the potential to maximize the use of the site with four detached single-family residences that would be more compatible with the neighborhood than attached units allowed by the R-3 zone. As a result, the project has been designed with reduced setbacks and heights that exceed the maximum allowed by the zone but at a density lower than the 22 units per acre allowed by the zone designator (P22). These deviations are warranted given the constraints to the site and the intent to maximize the use of the property to provide quality housing in the western portion of Chula Vista. 4. The approval of this plan will conform to the General Plan and the adopted policies of the City Of Chula Vista. The project has been evaluated in accordance with the goals and objectives of Chapter 1 (1-8) of the General Plan Goal 3 which states that "It is the goal of the city to accommodate a fully diversity of housing types, while maintaining an orientation to detached single-family living." Further, Goal 3 states that it is an objective of the City (Objective I 1) to "assure that new development meets or exceeds a standard of high quality planning and design. B. TERMS OF GRANT OF PRECISE PLAN The City of Chula Vista hereby grants Precise Plan PCM-03-33 for project depiction in Exhibit "A", and controlled by the Development Standards and Operational Standards in Exhibit "B". and subject to the following conditions: C. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Ordinance is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that any one or mom terms, provisions or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution and the permit shall be deemed to be automatically revoked and of no further rome and effect ab initiq. III. APPROVAL OF PRECISE PLAN The City Council does hereby approve the Precise Plan as depicted in Exhibit "A", and including property Development Regulations and Operational Regulations for 216, 218, 220 Davidson and 261 Twin Oaks Avenue, as represented in Exhibit "B". Ordinance Page 4 IIII. EFFECTIVE DATE This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Presented by Appr_.oxved as to forrB by Robert A. Leiter Ann.-K, loore Planning and Building Director City Attorney J:Attomey\Ordinance\pcm-03-33 ordinance EXHIBIT "A" /~ ~7 Exhibit "B" ' DEVELOPMENT AND OPERATIONAL STANDARDS A. Development Standards This exhibit details the specific development standards and regulations for the development of four condominiums located on Parcel Number: 568-164-01-00, also known as 216, 218, 220 Davidson and 261 Twin Oaks Avenue. This Precise Plan is intended to work in conjunction with the development standards in the City of Chula Vista's Zoning Ordinance (Title 19). Any information not shown within the Precise Plan should be referenced in the City of Chula Vista Municipal Code Chapter 19.28 Apartment Residential (R-3) zone. Residential (R-3P22) 1..~llowed Uses Allowed uses shall be those that are identified in the R-3 zone as permitted uses, detached single-family units, accessory uses and buildings and conditional uses except: electrical subsiations and gas regulators. 2. Development Standards The following development standards shall apply to all land and buildings Mthin the R-3 zoning district. Dimensions and standards sho~m in Table 1 are allowed. Where in conflict with the R-3 zone development standards, the standards outlined in this Precise Plan take precedence; where a particular item is not addressed in the Precise Plan, the R-3 zone development standards shall be used. Where building setback, parking and open space requirements are in conflict, the lot specific map (Exhibit "A") shall supercede the R-3 zone requirements. Exhibit B, Page 2 TABLE 1 Precise Plan Development Standard for 216-220 Davidson and 26t Twin Oaks Avenue Setbacks from Property Lines Front yard (minimum) to Garage Unit 1 -19 feet Unit 2 -19 feet Unit 3-20 feet Unit 4-18 feet Side yard (minimum) 5 feet interior 10 feet exterior Rear yard (minimum) 3 feet 10 in. Maximum height Unit 1 and 4 = 24 feet 6 in, Unit 2 and 3 = 32 feet Parking 2-car garages/unit Fencing/Walls (maximum) 6 feet Notes: Table I figures are based on the information provided on the approved Precise Plan B. Operational Standards 1. Any violations of the terms and conditions of these Standards shall be grounds for revocation or modification of development permits. 2. This development permit shall become void and ineffective if not utilized within one year from the effective date thereof, in accordance with Section 19.14.260 of the Municipal Code. Failure to comply with any conditions of approval shall cause this Ordinance to be reviewed by the City for additional conditions or revocation. 3. Any deviation from the above noted conditions of approval shall require approval from the City* Council. 4. The Applicant shall and does hereby agree to indemnify, protect, defend and hold harmless the City, Redevelopment Agency, Council members, its officers, employees and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court Exhibit B, Page 3 costs and attorney's less (collectively, liabilities) incurred by the City arising, directly or indirectly, l~om (a) City's approval of the Precise Plan, (b) City's approval or issuance of any other pen'nit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and (c) Applicant's installation and operation of a facility permitted hereby, including, without limitation, ant and all liabilities arising from the emission by the facility of electxomagnetic fields or other energy waves or emissions. Developer shall acknowledge their agreement to this provision by executing a copy of this Precise Plan where indicated below. Developer compliance with this provision is an express condition of this Precise Plan and this provision shall be binding on any and all of applicant' s/operator's successors and assigns. 5. The site shall be developed and maintained in accordance with the final approved plans which will include revised site plans, architectural elevations, exterior materials and color board, and landscape plans on file in the Planning Division, the conditions contained herein, and the Chula Vista General Plan. 6. Approval of this request shall not waive compliance with all sections of Title 19 of the Municipal Code, and all other applicable City Ordinances in effect at the time of building permit issuance. 7. This Precise Plan permit shah be subject to any and all new, modified or deleted conditions imposed after approval of this permit to advance a legitimate governmental interest related to health, safety or welfare which the City shall impose after advance written notice to the Permittee and after the City has given to the Pennittee the right to be heard with regard thereto. However, the City, in exercising this reserved right/condition, may not impose a substantiai expense or deprive the Permittee of a substantiai revenue source which the Permittee cannot, in the normal operation of the use permitted, be expected to economically recover. 8. The Applicant shall be responsible for the building and landscaping maintenance in accordance with the approved project and landscape plans unless the Redevelopment Agency approves modifications. ATTACHMENT 5/7 ._ COUNCIL AGENDA STATEMENT Item: /~ Meeting Date: 07/15~03 ITEM TITLE: Report: P, ohr Park Master Plan SUBMITTED BY: Parks and Recreation Commission REVIEWED BY: City Manager,S' ~ (415th Vote: Yes No X ) The Rohr Park Master Plan was approved by City Council in 1986. The Parks and Recreation Commission has recently expressed concern over long-range plans for Rohr Park and its surrounding area and believes that the Master Plan should be updated due to the fact that the Plan is now 17 years old~ The Commission believes the Master Plan should be made more comprehensive in scope by including the entire Rohr "recreation area." This "recreation area" includes both the City-owned and County-owned portions of Rohr Park, the Chula Vista Golf Course, and the yet-to-be-developed land adjacent to the golf course - the 3-acre pamel west of South Bay Banquet Center and the two triangular parcels along Bonita Road and Sweetwater/Central Avenue (please see attached aerial photo of the area). The Commission also recommends that community and stakeholder input be received as part of the Master Plan process. The Commission voted to support this recommendation (5-0-0-2 Weidner and Rude absent) at its May 15, 2003 meeting. BOARDS/COMMISSIONS RECOMMENDATIONS: That the City Council accept this report and direct staff to bring back a report with recommendations and cost estimates for Council's consideration. DISCUSSION: The 1986 Master Plan did not include consideration of the Chula Vista Golf Course, the 3-acra parcel west of the South Bay Banquet Center, which since has been designated for the development of the newly approved County Library (currently in construction documents phase), and the County- owned portions of Rohr Park. A synopsis of the 1986 Master Plan follows. To date, the only land use elements of the Master Plan that have been implemented are the creation of a jogging trail on the park side of the golf course fence line, lighting and fencing of P, ohr ballfield #18, construction of new reestreoms and a parking lot by ballfields #17 and 18, and installation of a tot lot by Gate B. The cost of these improvements were between $400,000-$500,000. Improvements planned in FY2004-05 ara the renovations of the tot lot and restreoms at the west end. The Chula Vista Live Steamers are currently expanding its track to the west. Page 2, Item /.4 Meeting Date: 07/15/03 1986 Rohr Park Master Plan The Sweetwater/Rohr Park Master Plan was designed as a guide to long-term development providing direction, with flexibility, which would possibly be altered with changing demographics, priorities and needs of the community and the City of Chula Vista. The creation of the Master Plan was in response to an increased strain on facilities available for recreation existing at the time resulting from changing demographics and increasing population in the Chula Vista area. In response to those needs, the City acquired County of San Diego owned parcels on each side of Rohr Park in order to provide a unified major park that would meet resident needs and community interest. The Design Team hired to complete this project included the firms of Wimmer, Yamada and Associates, Human Space Associates, and International Design & Irrigation Consultants. Maior Proiect Goals: Function: · To provide parking accommodations for 10 cars per acre of park site, as a minimum · To increase the quantity and quality of athletic facilities · To improve traffic circulation and vehicular access to the park · To increase the quantity and quality of passive picnic space Form: · To reorganize the parks land use into functional areas · To improve the image and identity of the newly assembled park · To enhance Rohr Manor as an activity generator and major cultural space · To respect the various land uses of areas adjacent to the park Economy: · To meet the recreational needs of the community in the most cost- effective manner · To develop a master plan that will accommodate planned growth over a series of years · To implement the plan in phases, allowing for flexibility Time: · To plan for park development in these target years: 1986, 1988, 1990, 1992 Process The process for the development of the SweetwatedRohr Park Master Plan was based on the active involvement of park users, neighbors, City staff, Park and Recreation Commission, and City Council with the design team. This involvement included meetings, workshops, and surveys with residents, Page 3, Item ~q- Meeting Date: 07/15/03 neighbors, Parks and Recreation Staff, individual park users and organized park users. Cate.qories of Implementation Zones of park usage corresponding to the following five major categories of implementation, in order of priority, were created: · Entrance and Parkinq Improvements-creation of the new Park entry and consolidated parking lots · Passive Area Improvements-majority of park reassigned to passive uses in a contiguous zone, including new picnic shelters and pavilions, tables, walkways, play areas, jogging trails and associated development · Active Area Improvements-creation of a consolidated sports and multi-use open field area to the east of Rohr Mall with single and multi-use softball and soccer fields with associated equipment and restroom/storage building along with a permanent parking area and a Youth Activity Center at the north end of the active area, jogging trail to be located on the park side of the golf course, and the equestrian center remaining in existing location · Rohr Mall Area Improvements-once vacation of existing maintenance buildings was to occur (with relocation to an off-site location), full development of the pedestrian mall as a multi-use, people oriented cultural space, including enriched paving, water feature, Botanical Garden Center, Rohr Manor improvements, adobe house renovation and existing lunchroom renovation for the Sunrise Center · Miscellaneous Improvements-upon vacation of the Sunrise Center, renovation of that space for a Chula Vista Live Steamers Maintenance Center, preservation of existing railroad line with an extension to the maintenance building, renovations to the hard surface courts, possible establishment of a Memorial Tree Grove and improvements to the Equestrian trail Funding The following funding sources were considered: · State and Federal Grants, including the State Bond Act and Land & Water Conservation · Capital Improvement Program (CIP) funds · Private societies, clubs and special interest groups Timing Allocation of the improvement categories was assigned over a six year time span as follows: · 1986-High priority entrance and parking projects by end of year Page 4, Item Meeting Date: 07/15/03 · 1988-Passive zone improvements · 1990-Rohr Mall Zone improvements to be made gradually, but to be completed by 1990 · 1992-Outstanding support projects to be targeted for completion FISCAL IMPACT: The fiscal impact of the proposed re-visitation of the 1986 Rohr Park Master Plan is not included in the scope of this report. Attachment: Aerial photo of Rohr Park area COUNCIL AGENDA STATEMENT Item No.: }~ Meeting Date: 7/~5/2003 ITEM TITLE: Resolution of the City Council of the City of Chula Vista expediting the processing of Otay Ranch General Development Plan Village 7 Sectional Planning Area entitlements, in support of the acquisition and development of High School #13 by the Sweetwater Union High School District, waiving the formal bid requirements for the associated environmental consulting services and extension-of- staff professional planning services, and authorizing the Purchasing Agent to issue a purchase order to engage said services before staff returns to Council to formalize the Agreement exceeding $50,000 SUBMITTED BY: Director of Planning and Buildin~ BY: City Manage~c~~ (4/5tbs Vote: Yes X No ) REVIEWED This report is to provide background and seek City Council concurrence on processing measures necessary to expedite entitlements allowing for the timely construction of High School #13 by the Sweetwater Union High School District within Otay Ranch. RECOMMENDATION: Staffreenmmends that the City Council adopt the Resolution: 1. Expediting the processing of the Otay Ranch General Development Plan Village 7 Sectional Planning Area entitlements, in support of the acquisition and development of High School #13 by the Sweetwater Union High School District and waiving the formal bid requirements for the associated environmental consulting and planning extension-of-staff services. 2. Waiving the formal bid requirements for the associated environmental consulting services. 3. Authorizing the Purchasing Agent to issue a purchase order to engage said services before staff returns to Council to formalize the Agreement exceeding $50,000. BOARDS/COMMISSIONS RECOMMENDATION: None. Page 2, Item: IdB Meeting Date: 07/15103 DISCUSSION: On March 3, 2003, the Joint City / Schools Task Force heard a report from staff of the Sweetwater Union High School District regarding the need for the next high school in eastern Chula Vista. This school is identified by the District as High School #13. The conclusion of the District staff presentation was that the selection of a site for this school was needed before the end of June 2003, in order to provide for an opening date of summer, 2006. In the ensuing months, a working group of City and District staff and landowners has met on six occasions to evaluate a number of viable high school sites within Otay Ranch. Eight potential sites were evaluated by the working group based upon a number of factors. One of the primary constraints was the availability of access and utilities to the sites within the time period necessary to meet the District's needs. One of the proposed sites considered by the staff/landowner group is located at the northwest corner of the future Rock Mountain Road and the future SR 125. This site represents a viable location for High School #13 but will not be available within the time frames sought by the District without approval of the proposed expedited processing schedule. On May 21, 2003, the McMillin Companies put forth a proposal to provide access, utilities and grading for the site in exchange for expedited processing of a portion of Sectional Planning Area Plan for Otay Ranch Village 7 (Attachment 1). McMillin's ownership takes in the northern portion of the high school site as shown on this proposal; the remainder is owned by the Stephen and Mary Birch Foundation. This is the only plan which as been advanced to date by a property owner. This would be accomplished through the processing of a Sectional Planning Area (SPA) plan and entitlements. District staff is amenable to this approach, since, in their estimation, the site is acceptable fi.om both a service area and development logistics standpoint. However, the proposed process will look at alternative sites within Village 7, as well as a site within Village 10 (the University site) that was discussed by the staff/landowner group. The offer by the McMillin Companies and the response of the District requires that the City determine the most expeditious means of processing the necessary entitlements, in an attempt to meet the very ambitious project construction schedule. One or more roads with utilities would need to be extended from Birch Road southward to the site and be in place with a paved surface before construction could occur on the site. Th~ Propoxad l~ntitlamant Procax.~ Attachment 2 reflects the steps and schedule which staff has devised. This schedule relies on three principles: expedited consultant procurement, maximized parallel processing and complete 2 Page 3, Item:/~B Meeting Date: OW1 5/0t stakeholder commitment. The City's conformance to these principles notwithstanding, no guarantee can be made that this schedule is actually achievable, due to unforeseen factors that routinely emerge during any planning exercise and public decision-making process. F,~aditt*d (Ton.~.liant Prt~t'~rarnant - Staff has prepared a resolution pursuant to Municipal Code Section 256.070.B.3 waiving the normal consultant procurement process, in order to expedite the hiring of an environmental consultant and extension of staff planning services for the Village 7 SPA (Attachment 3). The replacement method proposed is comprised of the following: ra Rather than conducting a request for proposals and comparing bids to conduct the work, staff would solicit qualifications, conduct interviews, and negotiate contract amounts and work products with the selected firm. c~ The two selected finns would begin work immediately, under a purchase order authorization not to exceed $50,000 per contractor. Upon finalization, the consulting contracts would be brought to the City Council for final approval. Between the shortening of the time which can be accomplished by eliminating the preparation of a specific request for proposals, the shorter turn-around time that can be accomplished by the submittal of qualifications rather than bids, and the ability to commence work in advance of a finalized contract, the alternative proposed process could save between 45 and 90 days. Marimiz~d Par'allt,1 Prt)t't, xxin~ - The proposed work program includes commencement on mass grading permit review prior to the completion of entitlement processing, thereby allowing grading to commence almost immediately after the City Council's final approval of entitlements. This component step alone would save several months. ,gtaktzht~ld~,r (Tr)rnmitmant -- Village 7 comprises four separate private property ownerships, including the McMillin Companies, the Otay Ranch Company, the Otay Land Company and the Stephen and Mary Bimh Foundation. The outcome of this process must be a cohesively planned functional village. A high level of commitment amongst the owners and other interested parties, along with the City and the District, will be required to maintain the schedule proposed. This commitment will need to include agreement on plan submittals, timely provision of documents and studies, and continuing agreement throughout the public review and hearing process. Whereas staff proposes the attached schedule as the means of most quickly achieving the necessary entitlements, expedited processing is not without potential pitfalls. Over time, the quality of Otay Ranch neighborhoods has incrementally increased. This has occurred because both developers and City staff have gained greater understanding as a result of each SPA plan. Thus, a process that seeks to quickly design a new village on the basis of replicating previous approvals may not achieve reasonably anticipated advancements in such matters as overall design, transit integration and village cohesiveness. Further, several issues are presented by 3 Page 4, Item: Meeting Date: O7/14/03 Village 7 which may challenge the schedule. An example of one such challenge will be coordinating traffic modeling and road alignments with the ongoing General Plan update; another will be coordinating the SPA plan with the FAA's VORTAC facility. Candidly, the only thing that staff can assure all parties is that best efforts will be made to adhere to the most expeditious schedule possible. FISCAL IMPACT: Processing costs for the SPA Plan and entitlements would bc funded by a developer's deposit account under a processing a~reement and the execution of three party agreements for consultant services. The fiscal impacts of the SPA plan are unknown at this time, and will be subject to analysis as a part of processing. Attachment~ 1. Proposal letter of the McMillin Companies Regarding Village 7 2. Village 7 Expedited Processing Schedule 3. Resolution: Environmental Consultant Procurement Procedure for Village 7 SPA H :~PLANNINGXJimI~071503CouncilV7\CC_ STFRPT V7WorkFinal.doc McMillin Land Development May 21,2003 Rick Rosalear, Principal Planner Jim Hare, Special Projects Manager Planning and Development Depas hnent CITY OF CHULA VISTA 276 Fourth Ave. Chula Vista, CA 91910 RE: HIGH SCHOOL SITING Dear Jim and Rick: Please allow me to take this opportunity to respond to the comment you made at the landowners' meeting regarding the GDP amendment that, "to date no landowner has volunteered to have the high school on their property." This is not true. Please accept this letter as our formal indication that McMillin has proposed, and--~tands ready to assist the City of Chula Vista and the Sweetwater Union High School district toward achieving, a 50 acre high school site in the southeast comer of Village 7, consistent with the adopted Otay Ranch GDP. Approximately half of this site is on property owned by McMillin, with the balance located on property owned by the Steven and Mary Birch Foundation. Our commitment to deliver the site is predicated on a commitment from the City and School District to achieve a functioning facility in Fall, 2006 including the following · Timely processing and approval of a Village 7 SPA Plan, generally consistent with the enclosed Conceptual Grading/Site Utilization Plan, and consistent with the adopted GDP; · Formation of a CFD district to finance the provision of infrastructure to the site; · Timely processing and approval of a Tentative Map incorporating McMililn's property within the project; and, · Timely environmental review and construction of the WoifCanyon Trunk Sewer, necessary to serve the site. Our proposal will be easier to implement, in terms of processing, condemnation requirements, plan amendments, and property owner challenges, than any other site being considered. It is the site with the fewest'implementatien issues. Particularly, we'd like to call your attention to the following benefits of the plan: ATTACHMENT CITY OF CHULA ~ISTA May 21, 2003 Page 2 of 3 o The plan provides appropriate separation between the Otay Ranch High School in Village 2, the private High School in Village 6, and a strong arterial location alOng Rock Mountain Road, appropriate to serve future development within the Ranch; · The plan requires no land dedication by the Otay Land Co. to implement the High School on time; · The plan does not require any road within Otay Land Co. t~wnership to be set at this time, thereby permitting future planning on its property to consider alternative alignments in conjunction with the GDP Amendment; · The plan is consistent with the adopted GDP, and therefore requires no amendment nor agreement by other property owners; · The plan does not require development of the Vortac site to function; · The plan requires no land dedication from other property owners to implement the Elementary School, which is ideally located to serve both Village 7 and the EUC; · The plan requires no land dedication by any other property owner for the neighborhood park in Village 7.; · The plan places the High School and Elementary School within walking distance of the proposed Community Park in Village 4; and, · The plan significantly minimizes the amount of residences adjacent to SR-125. Furthermore, the plan can use the same development standards as approved for Village 6, thereby greatly reducing processing issues and timing. We are willing to commit to an aggressive planning schedule, which will include submittal of a complete SPA Plan application within six weeks. We would also like you to be aware that, using the High School District's generation factors, all of McMillin's development within Otay Ranch generates demand for 591 high school age students. This proposal includes approximately half of the future High School serving 2,200 - 2,500 students located within McMillin's project (1,100 - 1,250 students). Accordingly, we are mitigating more than our impact by allocating a portion of our property to the High School. CI'i Y OF CHULA V/STA May 21, 2003 Page 3 ot'3 We look forward to working with you toward the submittal of a SPA Plan application that will allow us to deliver the high school site in the time fi'ame recommended by the High School Task Force report as accepted by the City Council at their May 13, 2003, meeting. Regards, McMillin Otay Ranch, LLC Dave Gatzke Vice President cc: Katy Wright, Sweetwater Union High School District Kathy Tanner, Sweetwvater Union High School District Dave Rowlands, City Manager, City of Chula Vista George Krempl, Assistant City Manager, City of Chula Vista Bob Leiter, Director of Planning and Building, City of Chula Vista Jim S andoval, Assistant Director of Planning and Building, City of Chula Vista Kim Kilkenny, Otay Ranch Company Gary Cinti, Cinti Land Planning Gary Wood, P & D Consultants Ken Baumgartner Constance Clover Todd Galameau Frank Zaidle Conceptual Grading Plan V~flage 6 Res d.~ Urban ~., ~ ~ Resld. Elam. ~hool (10.7ac.) '~-: ':~'~::: ..... ~ Resid'//~ Park Cinli Lord P~nnin~ ~Village Seven ~_p] O4L~ OTAY RANCII 5~ $ ,o~r5 ATTACHMENT 2 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA EXPEDITING THE PROCESSiNG OF OTAY RANCH GENERAL DEVELOPMENT PLAN VILLAGE 7 SECTIONAL PLANNING AREA ENTITLEMENTS, iN SUPPORT OF THE ACQUISITION AND DEVELOPMENT OF HIGH SCHOOL #13 BY THE SWEETWATER UNION HIGH SCHOOL DISTRICT, WAIVING THE FORMAL BID REQUIREMENTS FOR THE ASSOCIATED ENVIRONMENTAL CONSULTING SERVICES EXTENSION-OF- STAFF PROFESSIONAL PLANNiNG SERVICES, AND .AUTHORIZING THE PURCHASiNG AGENT TO ISSUE A PURCHASE ORDER TO ENGAGE SAID SERVICES BEFORE STAFF RETURNS TO COUNCIL TO FORMALIZE THE AGREEMENT EXCEEDING $50,000 WHEREAS, Chula Vista Municipal Code Section 2.56.070.B.3. ("City Council Waiver") states, in full, "Contracts for which it is determined by resolution of the City Council that the competitive bidding requirements as applied to that contract are impractical, impossible or that city interests would be materially better served by applying a different pumhasing procedure approved by the purchasing agent as being consistent with good purchasing practices."; and, WHEREAS, 'an urgency exists to determine the suitability of a site or sites within Village 7 of the Otay Ranch Development Plan for use as the location for a high school by the Sweetwater Union High School District, which seeks such determination on or before July 1, 2004; and, WHEREAS, a final determination of the suitability of the potential site can only be made by the completion of a Sectional Planning Area plan pursuant to the provisions of the Municipal Code and the Otay Ranch Development Plan, accompanied by an environmental analysis conducted pursuant to the California Environmental Quality Act; and, WHEREAS, the delay in the construction of the high school would be detrimental to material City interests since the orderly provision of needed public facilities at appropriate locations is both efficient and supportive of the general public welfare; and, WHEREAS, modification of the purchasing process involving particularly the procurement of two separate developer-funded professional services contractors, one for the preparation of environmental documents pursuant to the California Environmental Quality Act and a second to provide extension-of-staff professional planning services could allow those procurements to be completed up to sixty days faster than the process prescribed by Chula Vista Municipal Code Sections 2.056.080 and 2.056.110, while nevertheless being consistent with good purchasing practices by maintaining adequate opportunity to the selection process for all qualified bidders. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereb, y waive the processes as required by Chula Vista Municipal Code Sections 2.056.080 and 2.056.110 for the procurement of an environmental consultant and an extension- of-staff professional planning services to be used in the review of the Sectional Planning Area plan for Village 7 of the Otay Ranch General Development Plan, substituting that process outlined in Exhibit A attached hereto. BE IT FURTHER RESOLVED that the City Council authorizes such environmental consultant and extension-of-staff professional planning services consultant to begin work upon adoption of this resolution and in advance of the execution of the final contract documents on basis of a purchase orders issued by the Purchasing Agent in an amount not to exceed $50,000 for each contractor. BE IT FURTHER RESOLVED that the City Council directs that contracts for each coniractor be returned to the City Council for final approval. BE IT FURTHER RESOLVED that the City Council declares that nothing herein obligates the City to process the Otay Ranch General Development Plan Village 7 Sectional Planning Area entitlements in the proposed time frame and the City Council retains its full and sole discretion as to all actions and approvals which may be necessary for the processing of said entitlements. Presented by Apprgved as to form by Bob Leiter Xn,~. Moore D- Director of Planning and Building C,i'ty Attorney Exhibit A Substituted Environmental Consultant Procurement and Extension of Staff Professional Planning Services Procedure Otay Ranch General Development Plan Sectional Planning Area Plan for Village 7 A. The following steps and procedures will be used in procuring environmental consulting services for the processing of the Otay Ranch General Development Plan Sectional Planning Area Plan for Village 7. I. The City shall prepare a Request for Qualifications (RFQ) that briefly describes the project in broad terms with regards to location, governing documents, entitlements required and the kinds of land uses which would likely make up the final project description. The RFQ shall specify that a Statement of Qualifications (SOQ) shall be submitted for a team which would include general analysis and report preparation and such specialty analysts as are likely to be required, including but not limited to traffic, noise and other technical specialties. 2. The RFQ shall be distributed to the City of Chula Vista's existing list of qualified environmental consulting finns. Responses to the SOQ solicitation shall be due 2 weeks after they are distributed. 3. Consultant selection team shall be designated by the City Manager from among management staff of the City, to include but not be limited to the City's Environmental Review Coordinator, the City Engineer or designee, and the Acting Director of Planning and Building or designee. The consultant selection team shall review the SOQ's received and on basis of the capability to provide the services sought shall select a respondent who is best qualified and initiate negotiation ora contract to prepare the necessary analysis and documentation pursuant to the California Environmental Quality Act. The selection team shall endeavor to commence such contract negotiations within one week of the deadline for submittal of SOQ's. The project applicant shall be consulted on the selection of the consultant, however shall have no authority to reject or modify firms or individuals selected by the selection team, nor shall the project applicant have authority to an require amendments or modifications to any contract which is negotiated with the selected consultant. At all steps throughout the process, prospective contractors will be made aware that the final approval of the contract will be made by the City Council. 4. The selected Consultant may immediately be given authorization by the City Manager, prior to the approval of the contract by the City Council, and at the Manager's sole discretion, to begin work on the environmental analysis on a time and materials basis not to exceed $50,000, during such time as the scope of work and contract are being finalized. The selected contractor will be prohibited from billing time and costs associated with negotiating and finalizing the contract. 5. The final contract and scope of work shall be prepared using the City of Chula Vista three party contract form and shall be approved by the City Attorney's office. This contract will be subject to approval by the City Council. The City Manager, Consultant firm and the project applicant shall execute the final contract. B. The following steps and procedures will be used in procuring extension of staff professional plamfing services for the processing of the Otay Ranch General Development Plan Sectional Planning Area Plan for Village 7. 1. The City shall prepare a Request for Qualifications (RFQ) that briefly describes the project in broad terms with regards to location, governing documents, entitlements required and the kinds of land uses which would likely make up the final project description. The RFQ shall specify that a Statement of Qualifications (SOQ) shall be submitted for a team which would include individuals or teams capable of preparing the necessary studies and documents and to process the project under the supervision and with the participation of City of Chula Vista staff. 2. The RFQ shall be distributed to planning consulting firms known to the City of Chula Vista's and via such other means as to provide a broad selection of qualified potential contractors. Responses to the SOQ solicitation shall be due 2 weeks after they are distributed. 3. Consultant selection team shall be designated by the City Manager from among management staff of the City, to include but not be limited to the City's Environmental Review Coordinator, the City Engineer or designee, and the Acting Director of Plarming and Building or designee. The consultant selection team shall review the SOQ's received and on basis of the capability to provide the services sought shall select a respondent who is best-qualified and initiate negotiation of a contract to prepare the necessary analysis and documentation. The selection team shall endeavor to commence such contract negotiations within one week of the deadline for submittal of SOQ's. The project applicant shall be consulted on the selection of the consultant, however shall have no authority to reject or modify firms or individuals selected by the selection team, nor shall the project applicant have authority to an require amendments or modifications to any contract which is negotiated with the selected consultant. At all steps throughout the process, prospective contractors will be made aware that the final approval of the contract will be made by the City Council. 4. The selected Consultant may immediately be given authorization by the City Manager, prior to the approval of the contract by the City Council, and at the Manager's sole discretion, to begin work on the environmental analysis on a time and materials basis not to exceed $50,000, during such time as the scope of work and contract are being finalized. The selected contractor will be prohibited from billing time and costs associated with negotiating and finalizing the contract. 5. The final contract and scope of work shall be prepared using the City of Chula Vista three party contract form and shall be approved by the City Attorney's office. This contract will be subject to approval by the City Council. The City Manager, Consultant firm and the project applicant shall execute the final contract. H:\PLANNING\JimH\071503CouncilV7\RESOV7WkPgmFin.doc COUNCIL AGENDA STATEMENT ITEM l ~ MEETING DATE 07/15/03 ITEM TITLE: Resolution Approving an Agreement with the Chula Vista Chamber of Commerce for $73,500 in financial assistance for Celebrate Chula Vista and authori~ng the Mayor to execute said agreement ./3 SUBMITTED BY: Assistant City Manager Palmer ~J REVIEWED BY: City Manager~l~ ~, ~. (4/Sths Vote: Yes__ No X ) For many years the City has contracted with the Chamber of Commerce to presem a late summer festival, co-sponsored by the City, the Chamber and the Port of San Diego. This year the evem will have a new format and will be held on September 13. With this agreement (see ATTACHMENT A) the City will contract with the Chamber of Conunerce to produce Celebrate Chula Vista. RECOMMENDATION: That the City Council adopt the resolution approving an agreement with the Chula Vista Chaml",er of Commerce for $73,500 in financial assistance for Celebrate Chula Vista and authorizing the Mayor to execute said agreement BOARD/COMMISSION RECOMMENDATION: Not Applicable DISCUSSION: For many years the City, Port and Chamber of Commerce co-sponsored an event called Harbor Days. Due to declining interest and attendance, the event was revamped and renamed Celebrate Chula Vista in 2002. Although this first time event had some successful elements, it was generally agreed that this major summer festival should be rethought. As a result this year's event will be entitled "Celebrate Chula Vista at Cabaret on the Bay" and will run from 12 Noon to approximately 9pm. It will be concentrated onto a smaller area th. an last year, negating the need to use any dirt areas except for parking. The emphasis of the event will be on the main stage, hence the tag line "Cabaret on the Bay." Performers will include the San Diego Junior Theater, military bands, and various other professional groups. The day will end with the well-known band Rockola, backed by 25 to 30 orchestral players, presenting a concert of symphonic '70s and Beatles music. The evening will conclude with fireworks. Item: fb ~ Page 2 Meeting Date: 07/08/2003 * There will be a variety of seating available for viewing the main stage, including a raised platform with tables and chairs, regular chairs near the stage and lawn seating. · There will be a second stage, which will be used for school group performances throughout the day. · There will be a food and wine/beer garden near the main stage, but there will also be a handful of other food booths - only restaurant types --- around the edges of the main stage area. · Large-scale "pavilion" style tents (20 x 60 feet) will be set up for chamber and business displays. This pavilion approach may be used for other displays also. As a result, there will be ve~j few, individual booths. · There will be an enhanced large children's area with special activities for them. FISCAL IMPACT: As in years past, the City wishes to cuntmet with the Chamber of Commerce to actually produce the event. This year $73,500 will be awarded to the Chamber for this purposes. The sources for this funding are: Unified Port of San Diego $50,000 City of Chula Vista/Office of Commtmications $12,000 City of Chula Vista/Office of Cnlturai Arts $11,500 The Chamber also expects to raise $30,000 from sponsorships. Duke Energy, Pacifica, and SDG&E have already committed to the event. RESOLUTION NO. 2003- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH THE CHULA VISTA 'CHAMBER OF COMMERCE FOR $73,500 IN FINANCIAL ASSISTANCE FOR CELEBRATE CHULA VISTA AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the Chamber is the primary organizer of CELEBRATE CHULA VISTA FESTIVAL, a special event promoting Chula Vista Harbor, to be conducted in the City of Chula Vista on September 13, 2003; and WHEREAS, the City and Chamber envision: a main stage for performances with a variety of seating options available, including a raised platform with tables and chairs, regular chairs near the stages, and lawn seating; a second stage used for school group performances throughout the day; a food and wine/beer garden near the main stage; other food-only booths around the edges of the main stage area; large-scale "pavilion" style tents (20 x 60 ft.) for Chamber and business displays; and an enhanced, large children's special activities area; and WHEREAS, both the City and the Chamber will benefit ~om the media exposure attendant to the Festival; and WHEREAS, the City of Chula Vista desires to encourage the beneficial aims of the Celebrate Chula Vista Festival through appropriation of reasonable amounts of City funds; and WHEREAS, the City of Chula Vista has established a policy for consideration of requests for funding by private organizations and individuals; and WHEREAS, such policy stipulated that no expenditure may be made out of any appropriation awarded said organization unless an agreement has been reached between the parties setting out the terms and conditions for the expenditure of such funds. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve an agreement with the Chula Vista Chamber of Commerce for $73,500 in financial assistance for Celebrate Chula Vista, a copy of which is kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized to execute said agreement on behalf of the City of Chula Vista. Presented by Approved as to form by David Palmer Ann Moore Deputy City Manager City Attorney JSattomey~reso~celebrate cv2 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND -~VILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL Ann Moore City Attorney Dared: July 9, 2003 Agreement between Chula Vista Chamber of Commerce and the City for the Celebrate Chula Vista Festival AGREEMENT BETWEEN CHULA VISTA CHAMBER OF COMMERCE AND THE CITY OF CHULA VISTA FOR THE CELEBRATE CHULA VISTA FESTIVAL REGARDING EXPENDITURE OF APPROPRIATED CITY FUNDS THIS AGREEMENT, effective as of July 16, 2003, by and between the CITY OF CHULA VISTA, a municipal corporation, hereinafter referred to as "City", and the CHULA VISTA CHAMBER OF COMMERCE for the CELEBRATE CHULA VISTA FESTIVAL, hereinafter referred to as "Chamber"; RECITALS WHEREAS, the Chamber is the primary organizer of CELEBRATE CHULA VISTA FESTIVAL, a special event promoting Chula Vista Harbor, to be conducted in the City of Chula Vista on September 13, 2003; and WHEREAS, both the City and the Chamber will benefit from the media exposure attendant to the Festival; and WHEREAS, the City of Chula Vista desires to encourage the beneficial aims of the Celebrate Chula Vista Festival through appropriation of reasonable amounts of City funds; and WHEREAS, the City of Chula Vista has established a policy for consideration of requests for funding by private organizations and individuals; and WHEREAS, such policy stipulated that no expenditure may be made out of any appropriation awarded said organization unless an agreement has been reached between the parties setting out the terms and conditions for the expenditure of such funds. NOW THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as follows: 1. The Chamber agrees to produce the Celebrate Chula Vista Festival on Saturday, September 13, 2003, including free-to-the-public musical entertainment, and related activities for the one-day event. 2. The Chamber agrees to expend City appropriated funds to meet bona fide obligations incurred in planning, org~uizing, and participating in the Celebrate Chula Vista Festival in an amount not to exceed $73,500. Funds shall be used only for Celebrate Chula Vista Festival and may not be transferred to other accounts. Any funds not expended on the Celebrate Chula Vista Festival shall be returned to the City. Expenditure of City Funds Celebrate Chula Vista 2003 Page 1 of 3 3. The Chamber agrees to list the City and the Unified Port of San Diego ("Port District") as co-sponsors of the Celebrate Chula Vista Festival and publicize the City in all releases and fliers, print advertising, programs and information sheets. 4. The Chamber agrees to submit, within 60 days following the event, a complete report of all expenditures and shall specifically list the purposes furthered by the City- appropriated funds of $73,500. ' 5. That the City of Chula Vista, at its discretion, may require the Chamber to provide or allow the City to undertake a complete financial audit of their records. 6. The Chamber hereby agrees to abide by all of the terms and conditions set forth by the Port District associated with the City's receipt of Port District funds and the use of Port District property, which conditions are incorporated herein by reference as if set forth in full. 7. The Chamber agrees to indemnify and hold harmless the City against and from any and all damages in property or injuries to or death of any person, or persons, including employees or agents of the City, and shall defend, indemnify and hold harmless the City, and its officers, agents and employees from any and all claims, demands, suits, actions or proceedings of any kind or nature of or by anyone whomsoever in any way resulting from or arising out of the negligent or intentional acts, errors or omissions of Chamber, or any of its officers, agents or employees relating to the event. 8. The Chamber shall throughout the duration of the Celebrate Chula Vista Event (6:00 am on September 12, 2003 until complete takedown and cleanup of the grounds) maintain comprehensive general liability insurance covering all operations hereunder of Chamber, its agents and employees with minimum coverage of three million dollars ($3,000,000) - including liquor/legal liability for at least the day of the event. All policies shall name the City and the Port District as insureds, the policy shall be written by a carder with un A.M. Best's rating of AV or better and shall be admitted to do business in the State. Furthermore, any fireworks vendor(s) operating at the Event shall maintain five- million ($5,000,000) general liability insurance naming the Chamber, the City, the Port District and the Event organizers as additional insureds. Evidence of the coverages listed above, in the form of a certificate of insurance and policy endorsement which names the City as additional insured, shall be submitted to the Risk Manager, 276 Fourth Avenue, Chula Vista, California 91910, on or before August 22, 2003. Expenditure of City Funds Celebrate Chula Vista 2003 Page 2 of 3 AGREEMENT BETWEEN CHULA VISTA CHAMBER OF COMMERCE AND THE CITY OF CHULA VISTA FOR THE CELEBRATE CHULA VISTA FESTIVAL REGARDING EXPENDITURE OF APPROPRIATED CITY FUNDS IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first hereinabove set forth. Dated: ,2003 THE CITY OF CHULA VISTA CHULA VISTA CHAMBER OF COMMERCE Mayor Chamber Board President Approved as to form by Ann Moore City Attorney Expenditure of City Funds Celebrate Chula Vista 2003 Page 3 of 3 COUNCIL AGENDA STATEMENT Item: }~ Meeting Date: 07/15/03 ITEM TITLE: Report on the Chula Vista Recreation Department Strategic Plan FY2003/04 - FY2~) SUBMITTED BY: Recreation Direct~/ REVIEWED BY: City Manager ~ (4/5tbs Vote: Yes __ No X ) In October 2002, the Recreation Department undertook the development of a long-range strategic plan. The plan, which is now completed, provides a blueprint for service to be provided by the Department over the next five fiscal years. Attached, as Attachment A, is a copy of the draft: strategic plan. RECOMMENDATION: That Council accept the report. BOARD/COMMISSION RECOMMENDATION: At its meeting on May 15, 2003, the Parks and Recreation Commission voted unanimously to endorse the five year Strategic Plan (see Attachment B). DISCUSSION: The Department's Five Year Strategic Plan is designed to focus priorities and resources over the next five years in order to ensure that the public receives the highest quality recreational services possible. Under the guidance and leadership of Roderick Reinhart, the City's Manager of Development and Strategic Planning, a Strategic Plan Committee was formed to oversee development of the Department's strategic plan. Nine subcommittees were also formed to help identify issues and draft broad strategic plan themes to address those issues. The 20 plus member Steering Committee, and the nine subcommittees, were made up of committed community volunteers and leaders, plus key Recreation and City staff members. The process began by creating a new Mission Statement, Vision Statement, and Values for the Department. In addition, consensus was reached on the major issues facing the Department, as listed below: > More productive and balanced leisure time is needed for a healthy society. ~' Resoume availability and facility availability, development and design do not meet the increasing demands/expectations of our growing population. ~ The benefits and scope of recreation programs are not adequately communicated to decision-makers, collaborators, and the public-at-large. Item/f, Page 2 Meeting Date: 07/15/03 The next step involved the Steering Committee breaking up into nine subcommittees, which included additional community and Recreation and City staff members, to deal with nine key areas identified as being representative of the Department's functions: ~' Aquatics } Athletics Seniors and Therapeutics Centers and Schools Facilities and Fields Communications and Marketing Staff and Volunteers Finance Management These groups each met three times over the course of three months to develop and refine the detailed list of broad strategic themes for the full Steering Committee to consider. Once these broad strategic themes were agreed upon, Recreation staff and other City staff members from the Steering Committee met to develop specific goals for each theme. These goals were then considered by the full Steering Committee. Most of the department's strategic planning process occurred prior to the City Council's adoption of Strategic Themes for the City, including the Council's adoption of the City Mission, Vision, and Values. However, the Strategic Plan developed by the Department is consistent with, and complements, this Council's direction and vision. Listed below are the City's Mission, Vision, and Values Statements followed by those of the Recreation Department. CITY MISSION STATEMENT We are committed to making the community a better place to live, work and play through services that promote PRIDE. Public Partnerships and Involvement Reliable Infrastructure and Well-Maintained Facilities Inviting, Healthy and Safe Environments Diverse Cultural, Educational and Recreational Opportunities Economic Growth CITY VALUES Professionalism Accountability Respect Teamwork Integrity Item/7, Page 3 Meeting Date: 07/15/03 CITY VISION The City of Chula Vista is committed to build and nurse a progressive and cohesive community, which values our diversity, respects our citizens, honors our legacy, and embraces the opportunities of the future. DEPARTMENT MISSION STATEMENT We enrich our community through recreational opportunities arid services. DEPARTMENT VISION STATEMENT Our vision is a community that achieves learning, self-discovery, balance, and essential life skills through recreation. DEPARTMENT VALUES Integrity Respect Professionalism Accountability Commitment Teamwork Fun DEPARTMENT BROAD STRATEGIC THEMES The Department believes the Strategic Plan supports the City Council' s Strategic Themes and City Mission and Vision, especially as they pertain to "Connected, Balanced, and Cohesive Community", "Strong and Safe Neighborhoods", "Diverse Cultural, Educational, Recreational, and Economic Opportunities", and "Cost Effective Government and Fiscal Stability". Listed below are selected draft broad strategic themes that support these City Strategic Themes, and also give a sense of the direction the Department proposes to go during the next five years. Connected, Balanced, and Cohesive Community >' Maximize relationships throughout the community and within the City Strong and Safe Neighborhoods } Maximize resources and collaborative use of community centers )' Explore and implement park development Diverse Cultural, Educational, Recreational, and Economic Opportunities )~ Broaden access Item//, Page4 Meeting Date: 07/15/03 3~ Determine current recreational interests of the community } Optimize the use of existing facilities and fields )~ Re-determine program philosophy, priorities, and effectiveness Cost Effective Government and Fiscal Stability )~ Broaden revenue opportunities )~ Improve program delivery GOALS Included in the Strategic Plan is a set of 1-5 goals for each broad strategic theme under the nine key areas, as shown in Attachment A. These goals provide more specific direction for the Department. NEXT STEPS Implementation of the Strategic Plan is the final piece, and involves the following next steps: Developing objectives that include measures, targets, and initiatives to meet targets, and which are aligned with Council's priorities Monitoring progress and reporting on results Eventually developing individual staff objectives that will be aligned with Department objectives Communicating the intent and purpose of the strategic plan to all staff within the Department to ensure buy-in The Recreation Department is confident that this strategic plan provides clear focus and direction for the next five years, and will ensure that the public receives the very highest service possible. FISCAL IMPACT: The total cost of implementing the many goals outlined in the Recreation Department Strategic Plan has not been calculated. These costs will be determined when preparing the bi-annual General Fund and Capital Improvement Projects budgets over the life of the five-year Strategic Plan. Besides City funds, grants and general fundraising are also planned as significant revenue sources for implementation of these programs and services. Attachments A - Chula Vista Recreation Department Strategic Plan B - May 15, 2003 Minutes of the Parks and Recreation Commission Attachment A City of Chula Vista Recreation Department Strategic Plan FY 2003/04. FY 2007/08 A Message from the Recreation Department Director and Chair of the Parks and Recreation Commission Our Recreation Department's mission is to enrich our community through recreational opportunities and services. The Chula Vista community has seen expansion in the east and re-development in the western portions of the city. Only through a thoughtful and careful strategic planning process can the Recreation Department keep pace with this rapidly changing environment and stay "on mission." During the past six months, the Recreation Department and other key city staff members, Parks and Recreation Commission representatives, and many knowledgeable community leaders gathered together and collectively recommended the strategies and goals included in this strategic planning document. We heard the voices and viewpoints of our many constituents. We accumulated the knowledge and information needed to perform effectively and efficiently in the future. And £mally, we reached consensus on our future direction and are now prepared to focus our resources and energies toward our operations in an optimal way. Most importantly, we now have a unified vision of the critical place that recreation occupies in our social fabric. Our vision is one of a community that achieves learning, self-discovery, balance, and essential life skills through recreation. We extend our sincerest thanks to all of the people who made this process possible. ~,gck Martin Larry Perondi ~i-ector, Chula Vista Recreation Department Chair, Parks and Recreation Commission EXECUTIVE SUMMARY The thought and care that the Recreation Department's Strategic Planning Steering Committee brought to this strategic planning process was inspiring to all participants. A revised Department mission statement, and newly created statements of values and vision were among the highlights of new ideas and concepts that emerged from the process. The City of Chula Vista Recreation Department Strategic Plan 2003-2008 offers a series of broad strategic themes(directional statements) and a list of detailed goals under each broad strategic theme for the Department to achieve over the next five years. Recreation Department and other City staff members, plus Parks and Recreation Commission members and community volunteers provided needed perspective and critical input for the information and conclusions presented here. Although the strategic plan was developed prior to development of the City Council's Strategic Themes, it is completely consistent with them. This strategic plan will help the Recreation Department to focus its priorities in response to a rapidly evolving environment and ensure that staff is working toward shared and agreed-upon goals. The strategic plan will help ensure that the Department's activities are aligned with the Council's themes and priorities. The Recreation Department's chances for future success are already greatly enhanced by its commitment to building a vision of success that is shared among all. METHODOLOGY In October 2002, Roderick Reinhart, the City Of Chula Vista's Manager of Strategic Plarming and Fund Development, met with Buck Martin, Recreation Department Director, to assess the Recreation Department's readiness for planning, identify the specific issues to be addressed and decide on whom to involve. A fourteen-week timetable was created for conducting the public input phase of the strategic planning process. Subsequent meetings were held to discuss the format for the mission/vision/ values retreats and recruitment of a Strategic Planning Steering Committee chair and committee/sub-committee members. Recreation Department staff prepared documents that addressed the Department's recent history, key organizational events, shifts in priorities over the past fifteen years, and lists of current issues. An analysis of each program area's strengths/weaknesses/opportunities/ threats (SWOT) was also conducted. Two half-day mission/vision/values retreats were held on November 25 and December 18, 2002 with the Recreation Department's Director and staff members, Commission members, and key community representatives. A draft of a new mission statement and a list of agreed-upon Departmental values were created by the conclusion of the second retreat. Work was also begun on a vision statement and later meetings of an appointed "vision team" yielded the Department's new vision statement. Recruitment of members for the Strategic Planning Steering Committee and all committees and sub-committees was completed. A survey of Elements of Effectively Managed Organizations (EEMOTM) was cimulated to all staff members. Results were collected and compiled. The following committees and sub-committees were identified to serve the Strategic Planning process: · Center and School Program/Community Outreach Committee · Aquatics Committee · Athletics Committee · Senior Programs, Therapeutics and Inclusion Committee · Staff and Volunteer Sub-Committee · Communication/Marketing Sub-Committee · Facilities and Fields Sub-Committee · Finance Sub-Committee · Management Sub-Committee (Recreation staff only) Recruitment of the Strategic Planning Committee chair and members, and Sub- Committee chairs and members continued. Parks and Recreation Commission chair, Larry Perondi, agreed to chair the Strategic Plamfing Steering Committee. Management staff members were asked to prepare current program/services overviews and goals documents for subsequent committee review. The Strategic Planning Steering Committee held its initial meeting on January 27, 2003 and reviewed the following information: · Mission/Vision/Values retreat results · Department history · Department organizational chart · Current program and program evaluation information · Demographic information and 5-10 year projections · Results of the EEMOTM survey Over the ensuing 14 weeks, each of the committees and sub-committees met for three 1.5-hour meetings. The Strategic Planning Steering Committee met two additional times on April 3, 2003 and May 7, 2003 to review all of the recommendations from the committees and sub committees. Each committee and subcommittee drafted recommended Broad Strategic Themes and composed goals and suggested action steps that supported their recommended themes. All of the draft recommendations were reviewed and edits have been integrated into this final document. After the third and final Steering Committee meeting, the Recreation Department management team and staff met for the purpose of identifying and prioritizing program and management goals and reviewing possible objectives to be enacted over the next five years. City of Chula Vista Mission Vision Values City of Chula Vista Mission, Values, and Vision MISSION We are committed to making the community a better place to live, work and play through services that promote PRIDE. ~ Public Partnerships and Involvement >' Reliable Infrastructure and Well-Maintained Facilities ~' Inviting, Healthy and Safe Environments ~ Diverse Cultural, Educational and Recreational Opportunities ~ Economic Growth VALUES ~ Professionalism ~ Accountability ~' Respect ~ Teamwork ~ Integrity VISION The City of Chula Vista is committed to build and nurture a progressive and cohesive community, which values our diversity, respects our citizens, honors our legacy, and embraces the opportunities of the future. CITY OF CHULA VISTA STRATEGIC THEMES APRIL 9, 2003 1. Connected, Balanced, and Cohesive Community Foster a positive and shared community identity; encourage and value public participation; improve citywide mobility; and promote a balanced mix of housing, shopping, and employment opportunities. · Foster a positive and shared neighborhood and community identity o Community participation o Neighborhood councils o Human service council · Improved mobility o Safe transit o "Walkable" communities o Infrastructure improvements · Balanced urban/suburban mix · Balanced jobs/hQusing mix · Citizens can work, live, play, and shop in the city 2. Stronq and Safe Neighborhoods Ensure our neighborhoods and business districts are safe and appealing places to live, work, shop, and visit. · Police protection/fire protection o Emergency response and preparedness o Increase prevention efforts o Neighborhood watch programs o Enhance level of services · Neighborhood Revitalization o Code Enforcement - Take proactive approach - Enhance level of services o Refurbishing older homes o Urban development standards o Focus on 3rd avenue o Mixed use o Downtown condos · Recreation programs · DASH and STRETCH 3. Economic Development Foster a positive business climate that attracts new businesses, creates a broad range of employment opportunities, and revitalizes the downtown area. · Downtown specific plan (expand definition of downtown) · Aggressively create a business climate that attracts businesses and jobs · Growth management (rate at which we grow, infrastructure, etc.) 4. Diverse Cultural, Educational, Recreational, and Economic Opportunities Provide a wide-range of cultural, educational, recreational, and economic opportunities that meet the needs and interests of our diverse community. · Celebrate diversity · Partnerships to promote cultural activities o Historic homeowners o Downtown business association (cinco de mayo, lemon festival,etc.) · University projectJtask force · World class libra~system · Active parks · Community centers with recreational activities · Nature Center 5. Cost Effective Government and Fiscal Stability Focus on achieving results for our citizens by providing exemplary services at competitive prices; balance short-term operational needs with long-term strategic goals; and enhance long-range financial planning to ensure fiscal sustainability. · Performance-based budgeting · Long-range financial planning · Comprehensive policies · Master planning · Multi-year contracts with bargaining groups · Maintenance of a fee structure · Fiscal stability at build out o Auto park o Regional biotech center o EUC/Freeway commercial o Entertainment zone o Bayfront development · Convention centedhotels · Power plant Chula Vista Recreation Department Statements of Mission, Vision, Values Consensus on Maior Issues Facing Recreation 1. More productive and balanced leisure time is needed for a healthy society. 2. Resource availability and facility availability, development and design do not meet thc increasing demands/expectations of our growing population. 3. The benefits and scope of recreation programs are not adequately communicated to decision-makers, collaborators, and the public-at-large. Mission Statement (the core purpose of the department; why it exists): We enrich our community through recreational opportunities and services. Values (the deeply held beliefs within the department that are demonstrated through the day-to-day behaviors of its employees and volunteers): ~ Integrity ~ Respect ~ Professionalism ~' Accountability ~' Commitment ~' Teamwork )~ Fun Vision Statement (a word picture of what the community intends to become in the future): Our vision is a community that achieves learning, self-discovery, balance, and essential life skills through recreation. City of Chula Vista Recreation Department Strategic Plan Acknowledgements RECREATION DEPARTMENT STRATEGIC PLAN _..! Name I Position Company Sweetwater Union High School 1, Sandra Bishop Chula Vista Middle School Coordinator District 2. Chris Boyd Chief Executive Officer Sharp Chula Vista 3 Wes Braddock Principal, Montgomery Middle School Sweetwater Union High School District 4. Mary Jo Buettner Director Chula Vista Coordinating Council Family Resource 5. Susan Carrillo Commissioner Commission on Aging 6. John Clingan Chief Executive Officer Boys & Girls Club of Chula Vista 7 Tom Crosby Volunteer Aguatics 8 Terry Davis Athletic Director Southwestern College 9 Dr. Dennis Doyle Assistant Superintendent Chula Vista Elementary School District 10 Marly Keithley General Manager Knotts Soak City 11 Natasha Martinez Project Mana~ler EastLake Company -i2 Steve Miesen 'Manager Pacific Waste 13 Jon Miller Jon Miller Realty 14 Darlene Montgomery Volunteer Norman Park Center Sweetwater Union High School 15 Ralph Munoz Assistant Director of Planning District 16 Bob Newman Volunteer Aquatics Director of High Academic Achievment Sweetwater Union High School 17 Larry Perondi Initiative District Bob Strahl Commissioner Pa~ks and Recreation 18 Commission Faith Triggs Associate Director Olympic Training Center - Chula 19 Vista 20 Bruce Turner Dean of Physical Education Southwestern College 21 Tina Williams Executive Director YMCA 22 Kelley Bacon Assistant Director of Human Resources Chula Vista Human Resources 23 Bobbi Bennett Volunteer Coordinator Chula Vista Administration Chula Vista Public Works 24 Larry Eliason Parks and Open Space Manager Department 25 Joe Gamble Landscape Planner II Landscape and Architecture Division 26 Jeri Gulbransen Community Relations Manager City of Chula Vista 27 . Sid Morris Assistant City Manager Chula Vista Administration 28 Pablo Quilantan Fiscal & Management Analyst Office of Budget and Analysis 29 Emerald Randolph Director Chula Vista CAST 30 Marcia Raskin Director of Human Resources Chula Vista Human Resources Chris Salomone Western Chula Vista Development 31 Manager Chula Vista Administration J:~ ome~ca r ksrec\St ra legic Plan\Strategic Plan Final List of Names UPDATE ALPHA by last name RECREATION DEPARTMENT STRATEGIC PLAN I Name Position Company 1. Suck Martin Director of Recreation Chula Vista Recreation 2. Shauna Stokes Assistant Director of Recreation Chula Vista Recreation 3 Brian Cox Principal Recreation Manager (North) Chula Vista Recreation 4. Ed Hall Principal Recreation Manager (South) Chula Vista Recreation 5. I Margarita Cellano Administrative Secretary 'Chula Vista Recreation --~i I pam Zuniga _. Sr. Fiscal Office Specialist Chula Vista Recreation 7 Bob Morris Sr. Recreation Supervisor (South) Chula Vista Recreation 8 John Gates Sr, Recreation Supervisor (North) Chula Vista Recreation 9 Mark Basnight Aquatics Coordinator Chula Vista Recreation .110~Bill Birdsong __. Pool Manager, Parkway Pool Chula Vista Recreation 11 Eric Bonney Pool Manager, Loma Verde Pool Chula Vista Recreation 1~- Rosemary. Br0~eck Recreation Supervisor II - Middle Schools Chula Vista Recreation 13 Frank Carson Recreation Supervisor II - Youth Center Chula Vista Recreation 'i4 ~Michelle Castagnola Recreation Supervisor II - Otay Center Chula Vista Recreation 15 Shaun Ellis Recreation Supervisor II (Adult Athletics) Chula Vista Recreation 16 Kelly Farr Sr. Lifeguard - Parkway Pool Chula Vista Recreation 17 'Stephanie Harris __ Recreation Supervisor I - Loma Verde Center Chula Vista Recreation 18 Karen Harvell Recreation Supervisor III - Norman Park Center Chula Vista Recreation 19 Sandy Lucero Recreation Supeervisor II - Loma Verde Center Chula Vista Recreation 20 Ted Nelson Recreation Supervisor III - Athletics Chula Vista Recreation 2'1 drAnthony Ramos Recreation Supervisor I - Heritage Park Center Chula Vista Recreation 22 Steve Scott Recreation Supervisor II - Youth Athletics Chula Vista Recreation 23 Anne Stevens __ Recreation Supervisor I - Otay Center Chula Vista Recreation 24 Jim Thomas Recreation Supervisor II - Parkway Center Chula Vista Recreation 25 Victoria Tom Recreation Supervisor II - Heritage Park Center Chula Vista Recreation 26 Kathy Wigginton Recreation Supervisor II - Norman Park Center Chula Vista Recreation 27 Carmel Wilson Recreation Supervisor II - Norman Park Center Chula Vista Recreation 28 Jason Wyatt Recreation Supervisor I - Youth Center Chula Vista Recreation City of Chula Vista Recreation Department Strategic Plan Broad Strategic Themes and Goals /7 ~/7 City of Chula Vista Recreation Department STRATEGIC PLAN BROAD STRATEGIC THEMES AND GOALS Aquatics 1. Re determine program philosophy, priorities, and effectiveness Goal: Establish user priodty for pool use Goal: Determine aquatic philosophy - recreational and/or competitive Goal: Determine appropriate number and classification level of aquatic supervisors at each pool Goal: Broaden opportunities for participation through departmental scholarships Goal: Continue to make public and staff safety the top priority 2. Improve Aquatics program delivery Goal: Investigate and encourage program callaborafions with cammunity partners Goal: Focus on current and future community needs and trends for programs and facilities Goal: Expand awareness of aquatics programs and use of pools 3. Determine optimal use for facilities Goal: Evaluate effectiveness of current schedules and usage Goal: Investigate how to deliver more programs (must be cost effective) during periods of lower demand Goal: Solicit alternative activities (e.g., water-polo, kayaking) to reach a broader "audience" Athletics 1. Conduct comprehensive community-wide program evaluation Goal: Evaluate validity of trends determined by present Parks Master Plan surveys Goal: Examine what athletic programs are offered by other agencies Goal: Determine current customer base, padicipation and attendance levels, and existing barriers to participation Goal: Investigate using multiple survey methodologies, (e.g. different surveys for children vs. adults or parents) 2. Re-determine program philosophy, priorities, and effectiveness Goal: Explore new ways ta evaluate program effectiveness Goal: Continue to develop plans for enhancement and expansion of yauth and adult athletics and related programs (e.g. physically challenged and seniars) Goal: Re-evaluate field allocation policies, other related policies, and fees for Youth Sports Council (YSC) Goal: Re-evaluate field allocation policies, other related policies, and fees for adult sparts leagues Goal: Continue to clarify the direction af athletics ta all stakeholders 3. Optimize program delivery Goal: Balance revenue enhancements and program growth Goal: Investigate alternatives for improved maintenance of fields Goal: Re-evaluate design and uses of current facilities/fields in collaboration with Building and Park Construction and Park Maintenance Division, (e.g. multi-layered vs. simplified use) STRATEGIC PLAN INITIATIVE STATEMENTS PAGE 2 Goal: Improve collaborations with other agencies Goal: Determine how citywide youth and adult sports programs can be more geographically based Seniors 1. Reconsider the needs of adults by the following age group: 50-65; 65-85; 85+ Goal: Encourage seniors to maintain physical well being through ail recreational programs (athletics, aquatics) Goal: Continue fo provide opportunities that meet the emotional/social needs of the senior population Goal: Continue to provide opportunities for lifelong learning Goal: Continue to provide opportunities for seniors to contribute their knowledge and skills to the community 2. Maximize relationships throughout community and within the City Goal: Work with other City departmenls and community agencies that address senior issues, (e.g. transportation and affordable housing) Goal: Continue, and increase, intra-departmental partnerships Goal: Continue to utilize the expertise and resources of the Commission on Aging Goal: Strategically partner with other community organizations 3. Determine future direction of Senior programming Goal: Re-evaluate the concept/perception of what the term "senior" means, given the aging of the Baby Boomer generation Goal: Continue to advocate independent living Goal: Update information about other senior-serving community organizations Goal: Investigate opportunities for intergenerational programs Goal: Increase awareness of Norman Park Center as a center for information and referral services Therapeutics 1. Reexamine needs of therapeutic population by functional ability level Goal: Review delivery of therapeutic services for developmentally disabled and physically challenged Goal: Develop a plan or policy addressing services the department will provide to accommodate functional ability needs 2. Maximize relationships throughout community and within the City Goal: Work with other City departments and outside agencies that address participants' issues, (e.g. transportation and affordable housing) Goal: Continue, and increase, intra-departmental partnerships Goal: Continue, and expand, existing community partnerships (e.g. City of San Diego, San Diego Regional Center, Chenowith Foundation, Kids Included Together (K.I.T.), Greg Rogers Elementary School, SUHSD, SELPA) and seek new community partnerships, (e.g. South Bay YMCA, Chula Vista Boys and Girls Club Goal: Revitalize prior community partnerships (e.g. National City Boys and Girls Club, Special Olympics, Olympic Training Center Jarchery), Southwestern College (adaptive kayaking)) 3. Determine future direction of Therapeutics programming Goal: Continue to advocate independent living STRATEGIC PLAN INITIATIVE STATEMENTS PAGE 3 ' Goal: Strategically partner with other community organizations, (e.g. agencies serving the mentally III, people in drug and alcohol recovery, and anyone with a psychiatric disability) Goal: Expand programs for the physically challenged Center and School Pro~lrams 1. Maximize resources and collaborative use of community centers Goal: Explore feasibility of further integration of facilities, programs and personnel among recreation providers in the community Goal: Build upon existing relationships with community agencies Goal: Examine opportunities for more center-based teen, senior, and therapeutics programs Goal: Coordinate classes and activities department-wide for consistency, efficiency and effectiveness Goal: Determine how citywide youth and adult sports programs can be more geographically based 2. Broaden access (language, disability, age groups, ethnicity, teens, transportation, etc. J Goal: Work with other City departments and outside agencies that could help address participants' access issues Goal: Increase youth, teen, senior, and therapeutics programming at city facilities/fields and schools Goal: Plan for community centers' programming to be both community oriented and more geographically based (e.g. broad-based and local market based) Staff and Volunteers 1. Review staff organization Goal: Re-examine current staff structure, job responsibilities, and job descriptions (full-time and part-time staff) Goal: Work with Human Resources on a classification study to examine current staff structure, salary levels, and job classifications (full-time and part-time staff) Goal: Develop a staffing model for existing and future recreational facilities, and involve Human Resources, as appropriate 2. Optimize volunteer program Goal: Develop a comprehensive volunteer management system in conjunction with Human Resources 3. Enhance staff training and development Goal: Explore professional standards and certifications for professional development, safety, and future needs Goal: Review certification parameters for aquatic personnel (full-time and part- time) Goal: Develop training needs assessment Communications 1. Determine current recreational interests of community Goal: Identify current demand/needs Goal: Determine ii data from existing Park Master Plan survey is still valid Goal: Ensure that park and center designs meet community needs Goal: Consider new survey tools and methodologies STRATEGIC PLAN INITIATIVE STATEMENTS PAGE 4 2. Improve marketing and communications Goal: Establish a marketing strategy and plan incorporating needs assessment data Goal: Advocate and convey to stakeholders the broad societal benefits of recreation programs Goal: Commit to consistently communicating the mission, vision and values of the Recreation Department to the community Goal: Strengthen methods of communication to all stakeholders to increase awareness of the needs, benefits, and successes of Recreation 3. Broaden awareness of what is available Jn the recreational region, including passive/non-programmed resources (e.g. golf courses, greenbelts, trails) Goal: Establish priorities and determine ways to increase awareness Facilities and Fields 1. Maximize ¢itywJde resources for recreational purposes (active/passive} Goal: Make available additional facilities and fields as quickly as possible Goal: Explore use of temporary sites, including non-traditional usages, (e.g. skate parks) Goal: Explore feasibility of using utility easements Goal: Explore increased use of passive/non programmed resources, (e.g. golf courses, greenbelts, trails) 2. Optimize the use of existing facilities and fields Goal: Examine percentage of active/passive use greas for possible upgrades of lesser-used areas Goal: Examine use of technology for improved efficiency and cost savings (e.g. computerized lighting system) Goal: Develop a schedule of rotating use of City fields and recreational facilities that allows for improved facility maintenance and field rejuvenation ensuring the safety of all participants. Goal: Re-examine current procedures for field allocations to youth and adult sports teams Goal: Re-examine joint use of fields and facilities with the two school districts to determine ways to improve service to the public 3. Explore and implement park development Goal: Explore opportunities for increasing fha availability of parks, and recreational facilities and spaces (new and existing/ Goal: Explore the feasibility and desirability of the development of tournament facilities Goal: Enhance recreational opportunities and facilities in Western Chula Vista Goal: Continue fo plan and implement the approved recreational facilities and parks in the master planned communities Finance 1. Broaden revenue opportunities Goal: Explore alternative sources of revenues/support, (e.g., grants, fundraising, concessions, vending machines) Goal: Explore opportunities for collaborative funding requests Goal: Increase revenues from non-General Fund sources Action: Review fee schedules bi-annually (with market analysis) STRATEGIC PLAN INITIATIVE STATEMENTS PAGE 5 2. Align financial practices, reporting capabilities and expenditures with Recreation Strategic Plan Goal: Broaden staff involvement and understanding in financial planning and evaluation Goal: Identity both costs and benefits of programs Goal: Develop balanced guidelines for the extent of cost recovery possible for department programs 3. Preserve departmental budgetary resources Goal: Maintain Recreation Department as an essential City service Goal: Advocate to ensure continued City financial support and improve public and decision-makers' suppod for Department's programs Mana.qement/Department Initiatives: 1. Commit to the Mission, Vision, and Values and operate the Recreation Department in an ethical and professlonal manner that is responsive to, and valued by, the public and staff Goal: Ensure the Recreational Management team provides staff with the information, resources, educational opportunities, support, and direction to meet the needs of the public Goal: Align Department initiatives and goals with the City's strategic themes Goal: Continue to commit to outcome-based program management and a performance measurement system Goal: Improve program efficiency Goal: Commit to advance planning and ongoing assessment Goal: Be more customer focused Goal: Continue fo provide safe and secure programs and facilities to the public by a well-trained staff Goal: Develop a clear organizational structure that supports decision-making, teamwork, risk taking, problem solving and innovation Goal: Develop a decision-making process and structure that supports decisions being implemented Goal: Enhance lines of communication and support the flow of information and feedback between and among managers and staff Goal: Determine the role of the revitalized Friends of Parks and Recreation non- profit organization and provide overall direction Goal: Seek new "win-win" collaborations and strengthen existing relationships Goal: Revisit City's administrative distinction between parks and recreation Goal: Continue to commit to universal accessibility Attachment B City of Chula Vista Parks and Recreation Commission Minutes Thursday- 6:30 p.m. May 15, 2003 Public Works Center 1800 Maxwell Rd Meeting called to order by Chair Larry Perondi at 6:30 p.m. Staff Present: Buck Martin, Director of Recreation Dave Byers, Director of Public Works Operations Shauna Stokes, Assistant Director of Recreation Jack Griffin, Assistant Director of Building and Parks Construction Mary Hofmockel, Principal Landscape Architect Duane Bazzel, Principal Planner Ed Hall, Principal Recreation Manager Brian Cox, Principal Recreation Manager Joe Gamble, Landscape Planner II Ted Nelson, Recreation Supervisor Ill Margarita Cellano, Recording Secretary Guests: John Willett, C.V. Resident, Representative, Otay Valley Regional Park Janeen Reed, Trails in Open Space Mark Kukucher, Horse Trails Jon Rilling, Otay Land Company Peter Watry, Chula Vista Resident, Crossroads II Representative Susan Watry, Chula Vista Resident Cynthia Drake, Chula Vista Resident Olsie Owens, Chula Vista Resident Don Ross, Project Manager, The Otay Ranch Company Patrick Caughey, Wimmer, Yamada and Coughey Landscape Architects Brad Hilliker, Landscape Architect, Wimmer Yamada and Caughey Peggy Gentry, Chapin Land Management, Inc. 1. Roll Call/Motion to Excuse Members Present: Commissioner Salcido, Commissioner Ramos, Commissioner Perondi, Commissioner Strahl, Commissioner Rios Members Absent: Commissioner Weidner, Commissioner Rude MSC (Rios/Ramos) to excuse Commissioner Weidner and Commissioner Rude from tonight's meeting 2. Public Comments - Mr. Watry and Ms. Reed informed the Commission that they would address the Commission when their item of interest comes up on the Agenda. 3. Action Items a. Minutes of April 9, 2003 Special Meeting - MSC IStrahl/Rios) (Vote 5-0-0-2 Weidner and Rude absent) to move this item to the June 2003 Parks and Recreation Commission Meeting. b. Minutes of April 17, 2003 - MSC (Rios/Salcido) (Vote 5-0-0-2 Weidner and Rude absent) to approve the minutes as presented Parks and Recreation Commission May 15, 2003 Page c. Otay Ranch Neighborhood Park Village 1 West - Mr. Patrick Coughey of Weimer, Yamada, and Coughey discussed the park elements and programming of Otay Ranch Neighborhood Park. Items discussed include: park is 5.7 acres and is located on East Palomar Street and a soon to be constructed cul-de-sac that will serve an upcoming Elementary school and park. Elements and programming include: one softball field with an overlaid multi- purpose tuff area, children's play area with accessible play equipment, picnic facilities, basketball court (not lighted), pedestrian walk'ways and paths, comfod station, on-site parking (25 spaces), and pedestrian and security lighting. Additional feature in the park includes a council ring that serves as a gathering area for informal socializing. Poetry phrases are embedded within the concrete circles to serve as a discussion and focal point. The comfod station is located within proximity to the tot lot and picnic areas. The floor plan design takes into consideration the architectural vernacular of the modernized agrarian theme. Construction materials include, stone accents, painted stucco, and galvanized gates. Commissioner Strahl asked if the walk-way/path went around the park, and if provisions for dog deposit stations were strategically placed and accessible. Mr. Caughey responded that the path/walk way did go around the parameter of the park, and dog deposit stations were placed throughout the park. These items are standard in all parks. Commissioner Salcido asked if secondary lighting was a provision in the park for security purposes. Mr. Gamble (Landscape Planner II) responded that security lighting was a provision along the concrete pathways. Commissioner Strahl commented that he would like to see the basketball courts lit. Ms. Hofmockel (Principal Landscape Architect) responded that discussion on lighting program elements in parks would be discussed at the June meeting, or whenever the lighting policy is placed on the agenda. The Commission discussed the proposed name "Horizon Park", and decided that it would fit the park well MSC (Salcido/Rios) (Vote 5-0-0-2 Weidner and Rude absent) to approve the proposed Park Master Plan in Otay Ranch Village 1 West as presented with the caveat that lights fo the basketball court be stubbed underground, and approve the proposed name of the park as "Horizon Park." d. Proposed Greenbelt Master Plan - Mr. Duane Bazzel (Principal Planner) introduced himself and the consultant, Peggy Gentry. Mr. Bazzel also informed the commission on the intent and purpose of the Greenbelt Master Plan, which is intended to link existing and future parks that occur within the City and surrounding municipalities. A Power Point Presentation was provided to commission on the Greenbelt Master Plan, and bdefly discussed key Parks and Recreation Commission May 1,5, 2003 Page 3 elements that include: General Plan Concept, Goals, Specific Segment Issues and Recommendations, and Implementation and Management. This Master Plan is tentatively scheduled for presentation to the Planning Commission on May 28. Mr. Bazzel discussed specific segments, issues, and recommendation related to each element. Commissioner Rios asked if the Greenbelt was considered a park. Mr. Bazzel explained that the Greenbelt was not entirely owned by the City of Chula Vista, but other jurisdictions owned much of the open space. Commissioner Salcido stated that the equestrian rink in Rohr Park should be changed to a more functional park since Rohr Park is not equestrian oriented. Chair Perondi commented that this was a well thought out planned concept, and he could see the strong cooperation between all municipalities. Chair Perondi opened the floor for comments by the public. Mr. Peter Warty, representative of Crossroads II talked briefly about the presentation. Mr. Watry stated that he was an enthusiastic supporter of the Greenbelt concept when if was developed 15-years ago, and that over the years, the concept was changed without public input. He also stated that that the original concept of the Greenbelt was an open space separation, and asked when the Greenbelt changed from open space to a trails plan? He also informed the Corhmission that he submitted his Greenbelt concerns and changes to the Planning Department earlier in the day for consideration. He asked that the Commission, and city staff change their culture in decision making to include public input. In addition, Mr. Warty requested that the Parks and Recreation Commission not take action on the Greenbelt Master Plan, until they have sufficient time fo review ali the information from the public. Ms. Janeen Reed serves as a volunteer patrol and representative of Bonita Trails Organization. She talked briefly about the open space trails, and greenbelt areas and stated that these areas are all important in the concept. She stated that the community needs the Rohr Park equestrian rink, because there are no public horse arenas. She went on to say that the area in Rohr Park is integral to the history of the region, and that the number 1 request made by kids in the National City area is to ride a horse. She also stated that with the construction of SR 125, there would be a reduction in the equestrian area at Summit Park. In addition, trails are used not only be equestrians, but bicyclists, walkers, and bikers, and their use evolves over time. She asked that the Commission not move the horse rink from it's present location in Rohr Park because currently, this is the last public horse arena in the area. Commissioner Strahl stated that before he takes action on the Greenbelt Master Plan, he would like to receive more information that includes the Planning Department's comments and public comments. M$C (Strahl/Rlos) (Vote: 5-0-0-2 Weldner and Rude Absent) that the Parks and Recreation Commission approves the Master Plan in a conceptual way with its many poslttve altrlbutes, but cannot approve It until they receive more public Input and Planning Commission Input. It Is requested that Mr. Bazzel returns in June with comments from the Planning Commission. Parks and Recreation Commission May 15, 2003 Page e. Rohr Park Master Plan Existing Conditions - Mr. Byers (Director of Public Works Operations) presented a map of the current Rohr Park conditions. Commissioner Sfrahl informed the Commission that he would like them to consider and recommend to the City Council that the Master Plan be updated and include Rohr Recreation area, golf course, 3-acres of land, and the land by Central Avenue. He went on to say that public input is needed on how they see this recreation area. Discussion took place as to whether the City of Chula Vista is allowed to utilize the three-acres adjacent to the golf course for purposes not related to the golf course or City use. The Commission raised the question as to how the property was acquired and whether that acquisition and its associated financing allowed the lease of the property to the County of San Diego for a library or other uses or purposes. Mr. Griffin (Assistant Director of Building and Park Construction) stated that he would talk with the City Attorney's office, and will report back to the Commission as soon as he has an answer. MSC (Strahl/Salcido) (Vote: 5-0-0-2 Weidner and Rude Absent) that the Chula Vista City Council support the Parks and Recreation Commission's recommendation that an updated Rohr Park Master Plan be developed for the Rohr Park Recreational Area to include community and stakeholder input defined as Rohr Park, the Chula Vista Municipal Golf Course, and yet to developed land adjacent to the golf course, (i.e., 3-acreas west of the South Bay Banquet Center and 2 triangle parcels along Bonita Road and Sweetwater/Central Avenue. Ms. Stokes (Assistant Recreation Director) stated that this item could be presented to the City Council under Boards and Commissions, and that a repod would be developed, and could possibly be presented at either the June or July meeting. Commissioner Strahl stated that he would like to address the City Council when this item is brought forward to them. 4. Information Items a. Consideration of Proposed Recreation Strategic Plan Initiatives and Goals - Mr. Martin (Director of Recreation) discussed the proposed Recreation Strategic Plan Initiatives and Goals, and briefly discussed the Strategic Plan process. He also went on to say that this Strategic Plan would be reviewed on a quarterly basis, and sewes as a guide for the Recreation Department. The Commission endorsed the Recreation Department's Proposed Five Year Recreation Strategic Plan Initiatives and Goals and the mission, vision, and values statements. b. Capital Improvement Project Program - Mr. Griffin {Assistant Director of Building and Park Construction) informed the Commission af the Chula Vista Five-Year CIP Projections. Mr. Griffin informed the Commission that this item would be presented to the City Council on May 20, 2003. In addition, Mr. Griffin discussed Parks and Recreation Commission May 15. 2003 Page 5 the Western Chula Vista Infrastructure Financing Program. and the main objective is to focus resources in the western portion of the City. c. Veteran's Park Status - Mr. Griffin (Assistant Director of Building and Park Construction) discussed status of Veteran's Park. He informed the Commission that it is anticipated that the park would be completed by August 2005. Mr. Griftin briefly talked about the Design Build process for this project. d. Design Build Stafus - Mr. Griffin (Assistant Director of Building and Park Construction) informed the Commission that the City has pre-approved lists for design build contractors. He talked about the process of creating a new list of design builders for libraries. parks. eté. and stated that an RFQ was sent out. In addition. he stated that his department received information on 12 contractors. and that interviews would be conducted the following week. He also stated that this information would be going to Council in June for approval. Mr. Griffin discussed the process and intent of the Design Build process. e. Rohr Park Ballfield #18 Update - Mr. Cox (Principal Recreation Manager) provided an update on Ballfield # 18. Mr. Cox stated that Recreation staff met with Bonita Rebels Soccer regarding concerns with the Department's allocation of Rohr Ball Field #18. Through discussion. the department has agreed to release one additional evening per week for utilization by YSC organizations through the twice-yearly allocation process. f. Otay Park Master Plan - Ms. Hofmockei (Principal Landscape Architect) provided a copy of the Otay Park Master Plan for information. 5. Unfinished Business - None 6. New Business· None 7. Written Communications - None 8. Commission Comments - Commissioner Perondi asked to be excused from the June 19.2003 Commission Meeting. 9. Staff Comments - a. Recreation Monthly Report - Mr. Martin (Director of Recreation) discussed the May monthly Recreation Report. b. Jim Thomas. Recreation Supervisor II Retirement - Retirement party on Wednesday. 5/21/03 at the Woman's Club from 4-7 p.m. RSVP to Margarita Cella no at 409-5979. 10. Other - None Meeting adjourned at 9:30 p.m. to next meeting of June 19. 2003. which will be held at the Public Works Center at 6:30 p.m. Submitted by: Margarita Cellano Recording Secretary /7";,) 7 m_____.._'_~ __.'_____ o ORRICK ORRICK, HERRLNGTON & SUTCLIFFE LLP 777 SOUTH FIGUEROA STREET SUITE 3200 LOS ANGELES, CA 90017-5855 tel 213-629-2020 fax 213·612-2499 WWW.ORRICK.COM July 15,2003 Michael A. McAndrews (213) 612-2449 mmcandrews®orrick.com BY HAND DELIVERY AND FACSIMILE The Mayor and Members of the City Council City of Chula Vista 276 Fourth Avenue Chula Vista, California 91910 Re: The Stephen & MaJ;y Birch Foundation. Inc.: Proposed Action on High School Site No. 13 Dear Mr. Mayor and Members of the City Council: This fIrm represents The Stephen & Mary Birch Foundation, Inc. The Foundation, as you know, owns land within Village 7 established under the ütay Ranch General Development Plan. This land is affected by Item No. 15 on the Council's agenda this evening, a proposal regarding consideration of a site for High School No. 13. The Foundation opposes expedited processing of a Village 7 SPA plan requested by McMillin ütay Ranch LLC ("McMillin"); objects to the preselection of a "preferred site" for a high school on the Foundation's property in advance of the SPA planning process being undertaken; and adamantly opposes a high school on the portion of the Foundation's property being proposed by the SPA plan. The Foundation requests that, in its deliberations today and on this matter in general, the Council consider the following: 1. The process of selecting a site for High School No. 13 began less than 20 weeks ago. While the process was initiated on account of, and predicated on, a determination by the Sweetwater Union High School District that it required a site for the high school to be selected by June to permit opening for the 2006 school year, the haste with which this matter has proceeded has led to insufflcient investigation to determine the most appropriate site. The proposal before the Council today to focus on a specifIc site is the result of a proposal by a particular landowner (McMillin) to provide a portion of the site and related improvements. The proposed site has not been selected because it is the optimal location for this high school. Expedited processing of a SPA plan for Village 7 is the price of this landowner's offer to donate a portion of the site, not the result of a determination by the City that this expedited processing is needed independently to meet the City's housing or other development needs. Focusing on this specifIc site, and the expedited processing, will impede thoughtful consideration which should be the hallmark of the planning process. It will not lead to the best siting decision. While the agenda item before the Council this evening does not ask the Council to approve the high school site proposed by McMillin, the process in fact has an DOCSLAl:451111.2 o ORRICK The Mayor and Members of the City Council July 15,2003 Page 2 inherent bias towards this site. The site will be the focus of the study, and, as a practical matter, is likely to be selected absent a major problem, rather than the site being selected as a result of the environmental, trafflc and other land use studies required to be undertaken during a normal planning process. 2. City staff has stated, and the Foundation agrees, that, to meet the deadlines in the expedited processing schedule for a Village 7 SPA plan, "the cooperation of all landowners" affected by the proposal and the process is necessary. The Foundation is the principal landowner affected by the high school siting proposal. The Foundation opposes location of a high school on this site, and believes that there are other, preferable sites elsewhere in Village 7 and in Village 10, among alternatives which staff has considered. The Otay Ranch GDP, as adopted in 1993, contemplated a high school site in the northeast portion of Village 7, in the vicinity of the intersection of Birch Road and State Route 125. While this site was briefly considered in the last few weeks in connection with City staff study, thoughtful consideration of the reasons, if any, why this site should now be abandoned has not occurred. Other sites in Village 7 and a site in Village 10 likewise have not been thoughtfully or thorougWy studied. The premise of selection of the proposed McMillin high school site is that construction of an access road to the site must begin immediately if the site is to meet the construction schedule desired by the Sweetwater Union High School District. This advantage is lost if the processing schedule cannot be met. The Foundation believes that the expedited processing schedule is unrealistic and cannot be met. The Foundation is willing to cooperate with the City, the school district and other landowners to reach a considered decision on a high school site which is in the best interests of all parties, but it is not willing to accede to the McMillin proposal unless the appropriate analysis has been undertaken. 3. The McMillin proposal for a high school site and expedited Village 7 SPA processing has an unacceptable practical consequence to the Foundation. As the GDP was initially structured and contemplated, the Foundation's approximately 47 acres ofland in Village 7 were to be utilized for residential purposes. The land now owned by McMillin was burdened by a potential high school site. The consequence of the current siting proposal (together with the required dedication of approximately 19 acres of the Foundation's Village 7 land for an SR-125 interchange) is that the Foundation will have no land available for development in Village 7. The land available for development by the remaining Village 7 landowners, in particular McMillin, will have the benefIt of the additional residential allocation. The practical consequence of the siting proposal is transfer of a material economic benefIt to the other Village 7 landowners, in particular McMillin, and the imposition of this economic loss on the Foundation. This is an unacceptable result. The proposed high school site, which is the basis of the proposal before the Council today, is not under the ownership or control of the proponent, McMillin. McMillin owns substantially less than half of the DOCSLA1:451111.2 o ORRICK The Mayor and Members of the City Council July 15, 2003 Page 3 site. The proposal in fact offers someone else's land - the Foundation's - to obtain a disproportionate economic benefIt for the proponent. The Foundation appreciates the opportunity to present these comments, and will appear at the Council's meeting this evening. Vß:;~ Michael A. McAndrews MAM:jc cc: Mr. James B. Hare Mr. Chris Patek DOCSLAl :451111.2