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Home My WebLink AboutAgenda Packet 2004/06/01 ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AGENDA JUNE 1,2004 Immediately following the 4:00 p.m. City Council Meeting Council Chambers 276 Fourth Avenue CALL TO ORDER ROLL CALL: Councilmembers Davis, McCann, Rindone, Salas, and Mayor Padilla 1. INTRODUCTION OF THE BUDGET WORKSHOP 2. FISCAL OVERVIEW A. Budget Development B. All Funds Budget C. General Fund Budget 1) Expenditures 2) Revenues 3) Personnel Changes D. Capital Improvement Plan Budget ORAL COMMUNICATIONS ADJOURNMENT to an Adjourned Regular Meeting of June 2, 2004, at 4:00 p.m. at the John Lippitt Public Works Center, thence to the Regular Council Meeting on June 8, 2004, in the Council Chambers, and thence to the Adjourned Regular Meeting on June 9, 2004 at the John Lippitt Public Works Center. ~~f? ~- - ......,; ....¡:-- ~............~. .................................... CllY OF CHULA VISTA Fiscal Year 2005 Proposed Budget Addendum STEPHEN C. PADILLA MAYOR MARY SALAS DEPUTY MAYOR PATTY DAVIS COUNCILMEMBER JOHN MCCANN COUNCILMEMBER JERRY R. RINDONE COUNCILMEMBER DAVID D. ROWLANDS, JR. City Manager SUSAN BIGELOW City Clerk ANN MOORE City Attorney ii David D. Rowlands, Jr. Cheryl Fruchter Hinds George Krempl Sid W. Morris David Palmer Laurie Madigan Michael Meacham Candy Emerson Maria Kachadoorian Doug Perry Jack Griffin Marcia Raskin David Palmer Louie Vignapiano Daniel D. Beintema Jim Sandoval Richard P. Emerson Dave Byers Buck Martin ~~ft- L~c; ~<"-"t.. ~ ..........~""" CllY OF CHULA VISTA Administration City Manager Assistant City Manager Assistant City Manager Assistant City Manager Assistant City Manager Department Heads Director of Community Development Director of Conservation & Environmental Services Director of Employee Development Director of Finance Fire Chief Director of General Services Director of Human Resources Library Director Director of Management and Information Services Nature Center Director Director of Planning & Building Chief of Police Director of Public Works Operations Director of Recreation iii iv City Attorney Ass!. City Mngr. Administrative Services Finance General Services Human Resources Management Information Systems Office of Budget and Analysis Citizen Advisory Commissions Ass!. City Mngr. Special Projects Municipal Utility Other Projects . CV Muni. Golf * Duke Energy Water and Sewer Services Offieeof Conservation and Environmental Services ~{f?- ~ - - -- - ~~~ CllY OF CHUIA VISfA ORGANIZATION CHART CITIZENS OF CHULA VISTA Mayor City Council City Manager Fire Police 5 Citizen Advisory Boards Intergovernmntl. Affairs Ass!. City Mngr. Dev. & Main!. Srvcs. Community Development Planning and Building Public Works Operations City Clerk Ass!. City Mngr. Community Services Library Nature Center Recreation Office of Communications Office of Employee Development 6 BUDGET ADDENDUM FISCAL YEAR 2005 TABLE OF CONTENTS BUDGET TRANSMITTAL LETTER .........................................................................1 Budget Summary -All Funds......... ..... .............................. ............. ...... ........................ 5 Budget Summary- General Fund............................................................................... 9 Budget Summary- Capital Improvement Program................................................... 25 Budget Highlights and Strategic Themes ..................................................................31 Acknowledgement ....... ... ..... ....... .......... ..... ... ..... .......... ........... ...... ...... ..... ... ... ............39 FUND APPROPRIATIONS BY DEPARTMENT AND EXPENDITURE CATEGORY .................................................................................................................41 PROJECT SUMMARIES ........................................................................................... 47 Capital Improvement Plan Projects ...........................................................................49 Other Projects........................................................................................................... 57 FUND BALANCE PROJECTIONS .........................................................................61 SCHEDULE OF REVENUES ................................................................................... 69 7 viii BUDGET TRANSMITTAL LETTER 1 2 May 20,2004 Honorable Mayor and Members of the City Council; On June 17, 2003 Council unanimously adopted a two-year spending plan for fiscal years 2004 and 2005. At that time, in accordance with State law, appropriations were only adopted for the first year of the two-year plan. Appropriations for the second year of the plan must occur prior to July 1, 2004. This budget addendum presents Council with a proposed budget for fiscal year 2005 that a) reflects full-year funding for all mid-year changes adopted by Council during fiscal year 2004 ($3.5 million) and b) responds to new funding priorities unforeseen when the initial two-year plan was adopted ($3.6 million). To avoid confusion, the second year of the two-year plan is referred to throughout as the fiscal year 2005 adopted spendina plan: the budget now being proposed is referred to as the fiscal year 2005 proposed budget. The focus of the remainder of this report is on highlighting the changes from the adopted spending plan to the proposed budget. The proposed all funds budget for fiscal year 2005 totals $274.4 million: a 9.5% increase over the fiscal year 2005 adopted spending plan of $250.6 million. The proposed general fund budget for fiscal year 2005 totals $137.7 million; a 5.4% increase over the fiscal year 2005 adopted spending plan of $130.6 million. The proposed budget for fiscal year 2005 reflects all known and estimated increases in City costs. Revenues have been conservatively projected based on population growth, changes in the consumer price index, and anticipated residential and commercial growth. As in previous years, general fund revenues for fiscal year 2005 are projected at levels sufficient to fund the operating budget without dipping into reserves. Similar to most other jurisdictions in California, Chula Vista continues to struggle with huge increases in CalPERS retirement contribution rates. To date, Chula Vista has managed the increase without making any significant service level reductions. With more efficient operations, departments have been able to reduce expenditures while simultaneously maintaining service levels citywide, funding needed services for the growing eastern communities, and adding necessary resources to further revitalize the mature areas of the City. Another source of concern is how the State will deal with its ongoing budget crisis. On March 2, 2004, the State's Economic Recovery Bond Act was placed on the ballot and passed by voters. It authorized the issuance of up to $15 billion of bonds to repay the accumulated State budget deficit through June 30, 2004. The bonds will be secured by a pledge of a quarter cent sales tax, which will be diverted from local governments to a special fund dedicated to the repayment of the bonds. The State would simultaneously divert a portion of property taxes from schools to local governments to offset their sales tax 3 loss. Finally, the State will make additional General Fund payments to schools districts to replace their lost property taxes. This revenue shuffle is referred to the "triple flip" and is set to begin on July 1, 2004. It is important to note that the Economic Recovery Bond will only address the State's existing debt. Voter approval of the bond issue did nothing to address the State's ongoing structural deficit. There is little doubt that cities and counties throughout California will be forced, once again, to forfeit revenues to the State. Just this year the State temporarily eliminated VLF backfill revenues costing the City $3.5 million. Although this money is to be paid back in fiscal year 2006, it demonstrates the State's willingness to raid local revenues in order to balance its own budget. Another proposal, currently included in the Governor's budget, would shift additional property tax revenues away from local jurisdictions to the State. If adopted, this proposal would cost the City another $3.6 million over the next two years. The City is fortunate in that this amount will almost entirely be offset by the aforementioned $3.5 million payback of VLF revenues in 2006. Until the State gets a handle on its fiscal matters, counties and cities will continue to face uncertainty regarding their revenues. In an attempt to mitigate these impacts as much as possible, City staff is working closely with the League of California Cities and other public agencies to maintain a coalition to protect local revenues. The proposed budget for fiscal year 2005 makes no assumptions about how the State will choose to address its fiscal deficit. As was the strategy last year, the impact of any proposed revenue shifts from localities to the State will repeatedly be reassessed as the State budget process moves forward. Once the State budget is adopted, likely in late summer, the specific impact on City revenues will be identified and reported to Council. Fortunately, the City's beginning General Fund reserve for fiscal year 2005 is estimated at $19.4 million, which will enable the City to bridge any State-generated funding gap until a sound plan to address the revenue shortfall has been crafted. 4 BUDGET SUMMARY - ALL FUNDS FISCAL YEAR 2005 EXPENDITURE SUMMARY The fiscal year 2005 proposed budget for all City funds is $274.4 million: a 9.5% increase over the fiscal year 2005 adopted spending plan. This amount includes the General Fund budget of $137.7 million and $136.7 million in various other fund groups. Included in the other fund groups are Special Revenue Funds ($26.4 million), Capital Project Funds ($31.7 million), Debt Service Funds ($16.7 million), Transit Funds ($6.9 million), Internal Service Funds ($8.4 million) and Redevelopment Agency/Housing (RDA) funds ($11.4 million). The Capital Improvement Program (CIP) budget of $35.1 million is included within the various funds. All Funds Budget Summary In Thousands (000) General Fund Special Revenue Funds 1 Sewer Funds Capital Project Funds Debt Service Funds Transit Funds Internal Service Funds $130,608 $ $ 21,557 $ $ 34,227 $ $ 23,379 $ $ 16,778 $ $ 6,565 $ $ 7,303 $ $ 10,149 $ $250,566 $ 134,118 $ 21 ,557 $ 34,227 $ 23,379 $ 16,778 $ 6,565 $ 7,303 $ 10,149 $ 254,076 $ 3,510 $ $ $ $ $ $ $ $ 3,510 $ 137,707 $ 26,449 $ 35,254 $ 31,686 $ 16,701 $ 6,873 $ 8,381 $ 11,373 $ 274,424 $ 'Special Revenue Funds total excludes Sewer Funds. 'The fiscal year 2005 Proposed Budget includes $32,769,841 in inter-fund transfers. 3,589 4,892 1,027 8,307 77 308 1,078 1,224 20,348 As demonstrated in the following graph, 50% of the fiscal year 2005 all funds budget is allocated to General Fund services such as public safety services, development and maintenance services, and culture and leisure services. The next largest pieces of the pie are allocated to sewer service funds and capital project funds at 13% and 11 % respectively. 5 Proposed fiscal Year 2005 All Funds Budget by Major Category Transit Funds 2% Redevelopment Agency 4% Special Revenue Funds 10% Internal Service Funds 3% Debt Service Funds 6% 6 Culture & leisure 5% Development & Main!. 12% legislative & Admin. 13% Public Safety 20% FISCAL YEAR 2005 REVENUE SUMMARY The proposed fiscal year 2005 revenue for all City funds total $263.4 million; a $12.6 million increase over the fiscal year 2005 adopted spending plan. This amount includes property taxes ($28.2 million), sales taxes and other local taxes ($49.9 million), revenue from other agencies ($35.2 million), charges for services ($51.7 million), and other revenue ($30.5 million). General Fund revenues total $137.7 million; a $7.1 million increase over the fiscal year 2005 adopted spending plan. All Funds Revenue Summary In Thousands (000) Property Taxes $ 28,174 $ 28,174 $ $ 28,174 $ Other Local Taxes $ 43,019 $ 43,019 $ $ 49,909 $ 6,890 Licenses and Permits $ 4.434 $ 4.434 $ $ 4.668 $ 234 Fines. Forfeitures& Penalties $ 1,785 $ 1,785 $ $ 1,785 $ Use of Money $ 12,316 $ 12.325 $ 9 $ 12,262 $ (63) Rev. from Other Agencies $ 34.373 $ 34.798 $ 425 $ 35,162 $ 364 Charges for Services $ 49.927 $ 51.247 $ 1.320 $ 51,696 $ 449 DIF $ 15,661 $ 15,661 $ $ 16,511 $ 850 Other Revenue $ 28,271 $ 28,448 $ 177 $ 30,474 $ 2,026 Transfers In $ 32,809 $ 32,818 $ 9 $ 32,770 $ (48) Total Operating Bud et $ 250,769 $ 252,709 $ 1,940 $ 263,411 $ 10,702 As seen in the graph below, the bulk of the City's overall projected revenues for fiscal year 2005 come from property taxes and other local taxes such as sales taxes. Two other major sources of revenue come from various service charges, most significantly sewer fees, and revenues from other agencies including motor vehicle license fees and grant revenues. 7 All Funds Revenue Fiscal Year 2005 Proposed Budget Transfers In 12% Property Taxes 11% Other Revenue 12% Other Local Taxes 19% Development Impact Fees 6% Licenses & Permits 2% Fines, Fort., Penalties 1% Charges for Svcs. 19% Use of tv10ney 5% Rev from Other Agencies 13% 8 BUDGET SUMMARY - GENERAL FUND FISCAL YEAR 2005 EXPENDITURE SUMMARY The proposed General Fund budget for fiscal year 2005 totals $137.7 million: a net increase of $7.1 million (or 5.4%) over the fiscal year 2005 adopted spending plan. This increase is predominantly attributable to mid-year budget adjustments that have been annualized and carried over into fiscal year 2005 ($3.5 million) and new funding initiatives now being recommended for approval ($3.6 million). The most siqnificant chanqes from the FY 2005 adopted spendinq plan as result of mid- year Council approved actions can be attributed to: · Enhanced fire suppression services including: - 12 new positions and related equipment to establish an in-house fire dispatch center ($1.1 million partially offset by $388,000 in savings resulting from the elimination of the Heartland contract), - 9 new positions for the early deployment of a second ladder truck ($295,000), - 9 new positions and related equipment for the operation of Fire Station 8 beginning in January 2005 ($872,000), - 1 new fire mechanic to improve maintenance of the City's growing fleet of fire vehicles ($65,000 offset by savings in contractual services). · Establishment of a Type I holding facility coinciding with the opening of the City's new Police station ($975,000 fully offset through reduced booking fee payments and increased revenues). · Higher personnel costs for police dispatch operations ($195,000) · An additional Deputy City Attorney III position to meet workload demands created by increased development and redevelopment activity ($185,000 offset by $91,000 in reimbursement revenue). · California Border Alliance Group (CBAG) program enhancements/administrative pass through cost changes ($415,000 fully revenue offset). · Savinqs from approved departmental reorganizations/restructures and other staff changes (-$301,000). 9 The most siqnificant proposed chanqes are: · Expansion of the citywide after school programs including: - 3 additional DASH sites at Hedenkamp, Liberty and Salt Creek elementary schools ($183,000 offset 50% by increased school district reimbursements), - 2 additional middle school sites at Eastlake and Bonita Middle Schools ($34,500 offset 50% by increased school district reimbursements), and - Expansion of the STRETCH program at Lauderbach elementary school to full capacity ($33,400 offset by increased school district reimbursements of $25,700). · 3 new Recreation Supervisor III positions for the opening of new community centers in the Eastlake Trails, Sunbow, and Rolling Hills Ranch neighborhoods ($86,000). · Enhancements to the Fire Prevention Bureau including full-year funding of the Fire Marshal position ($134,000) and the addition of 2 new Fire Inspectors ($112,000 fully revenue offset). · An additional 3 fire engineers to operate the City's light and air rescue vehicle ($242,000). · The reinstatement of the Assistant Director of Planning position ($170,000 fully revenue offset). · One-time cost for a graffiti eradication truck to improve the efficiency of the City's graffiti abatement efforts ($140,000). · Increased Worker's Compensation costs and insurance premiums ($1 million). · Additional equipment replacement and maintenance costs including an additional equipment mechanic to maintain the City's growing vehicle fleet ($258,000). · One-time cost to clean up the former corporation yard prior to sale ($300,000 fully offset upon sale of the site). · Increased cost for Nature Center shuttle service ($27,500). · Carryover of APCD traffic reduction grant in Planning and Building ($444,000 fully revenue offset). · Carryover of various Police Department grants ($435,000 fully revenue offset). The following table provides a summary of these changes by expenditure category. 10 General Fund Budget Summary by Expenditure Category In Thousands (000) Permanent Positions $ 103,425 $ 106,931 $ 3,506 $ 109,072 $ 2,141 $ 21,732 $ 21,721 $ (11) $ 21,853 $ 132 $ 876 $ 876 $ $ 1,370 $ 494 $ 139 $ 154 $ 15 $ 700 $ 546 $ 4,336 $ 4,336 $ $ 4.312 $ 24 $ 130,508 $ 134,018 $ 3,510 $ 137,307 $ 3,289 $ 100 $ 100 $ $ 400 $ 300 $ 130,608 $ 134,118 $ 3,510 $ 137,707 $ 3,589 1,108.60 1,156.85 1,169.10 12.25 Personnel Services Supplies & Services Other Expenses Operating Capital Debt ServicelTransfers Out Total General Fund Bud et The largest percentage of the proposed General Fund budget for fiscal year 2005 is allocated to public safety services (41.0%) followed by legislative and administrative services (25.4%) development and maintenance services (23.5%), and culture and leisure services (10.1%). General Fund Budget by Service Category Fiscal Year 2005 Culture & Leisure 10.1% Public Safety 41.0% Development & Maintenance 23.5% Legislative & Administration 25.4% 11 As seen in the table below, the largest proposed increases from the adopted spending plan to the proposed budget are for General Services and Public Works Operations. This is due to the merging of Engineering with these two departments. The next largest increases are proposed for police and fire services, $1.5 million (3.9%) and $2.5 million (18.4%) respectively. The proposed increases in the Police Department are primarily due to the addition of 11 new positions related to the opening of the Type I Holding Facility and previous year grant carryovers. The proposed increases in the Fire Department are primarily due to the 11 positions needed to staff fire dispatch center, 21 positions for Fire Suppression, and 3 positions for the Prevention Bureau. General Fund Budget Summary by Department In Thousands (000) Administration $ 4,497 $ 4,310 $ 187 $ 4,438 $ 128 Boards and Commissions $ 10 $ 10 $ $ 10 $ 0 City Attomey $ 2,007 $ 2,191 $ 185 $ 2,140 $ 51 City Clerk $ 789 $ 789 $ $ 820 $ 31 City Council $ 969 $ 969 $ $ 1,014 $ 44 Community Development $ 2,883 $ 3,247 $ 364 $ 3,263 $ 16 Engineering $ 10,819 $ 10,819 $ $ $ 10,819 Finance $ 2,640 $ 2,640 $ $ 2,615 $ 25 Fire $ 13,732 $ 15,633 $ 1,902 $ 16,255 $ 621 General Services $ 5,456 $ 5,356 $ (100 $ 13,465 $ 8,109 Human Resources $ 3,677 $ 3,677 $ $ 3,763 $ 86 Libra $ 8,014 $ 8,014 $ $ 8,352 $ 339 Mana ement & Info S tems $ 3,324 $ 3,426 $ 102 $ 3,468 $ 42 Nature Center $ 1,040 $ 1,040 $ $ 1,057 $ 17 Non-De artmental $ 1,961 $ 1,961 $ $ 3,215 $ 1,254 Parks and Recreation $ 4,428 $ 4,437 $ 9 $ 4,559 $ 122 $ 9,686 $ 9,433 $ (254) $ 10,224 $ 791 Police $ 38,679 $ 40,165 $ 1,487 $ 40,184 $ 19 Public Works $ 15,998 $ 16,000 $ 2 $ 18,865 $ 2,865 TOTAL $ 130,608 $ 134,118 $ 3,510 $ 137,707 $ 3,589 12 GENERAL FUND REVENUE SUMMARY The City has identified revenues sufficient to support the budget with no impact on existing reserves. The reserve balance at the beginning of fiscal year 2004 was $25.3 million. At this time, it is projected that we will end fiscal year 2004 with a reserve level at approximately $19.4 million. The decrease in reserves is attributable to $5.8 million of appropriations authorized mid-year 2004 by Council for: · New staff and equipment related to enhanced fire suppression services ($1.0 million), · Establishment of the Chula Vista Fire Dispatch Center ($2.0 million), · Unanticipated litigation costs ($856,000), · Increased Worker's Compensation costs ($795,262), · Consulting services for the Municipal Energy Utility Study ($337,500), · Consulting services for Higher Education Strategy ($270,050), · Contributions toward improvements to the Bonita Library ($250,000), · The reorganization of the Community Development Department ($190,771 in fiscal year 2004 - no net cost ongoing), and · Additional operating costs related to the opening of the new Police Facility ($99,920). The estimated reserves at the end of 2004 represent a healthy reserve level of 14.0% of the 2005 proposed operating budget, which is above the 8% target level adopted by Council. The laroest proposed revenue increases from the adopted spendino plan to the proposed budoet for fiscal vear 2005 are: · Sales and use taxes ($1.7 million or 8.0%) due to the planned opening of new commercial centers along with continued population growth, · Franchise Fees ($1.1 million or 17.3%) primarily due to conservative projections based on the uncertainty of natural gas price fluctuations and continued population growth, · Utility User Tax ($900,000 or 20.1 %) primarily due to continued increase in population and initial conservative projections, 13 . Charges for Services revenues increased due to jail facility fees ($700,000), developer deposit fees ($385,588) and other police reimbursements ($190,783), . Other Agency revenue increased due to additional Police grant revenues ($850,970) and Air Pollution Control District Grant ($414,325). The following table highlights the major revenue changes from the fiscal year 2005 adopted spending plan to the proposed budget by source. FY 2005 General Fund Revenues (Adopted Spending Plan vs. Proposed Budget) In Thousands (000) Charges for Services Property Taxes Sales and Use Taxes $ 18,103 $ $ 19,158 $ $ 21,975 $ $ 14,022 $ $ 14,970 $ $ 4,656 $ $ 12,048 $ $ 4,271 $ $ 5,514 $ $ 15,891 $ $ 130,608 $ Vehicle License Fees Transfers In From Other Funds Other Agencies (Grants) Reimbursements Licenses and Permits Miscellaneous Other Local Taxes Total General Fund Revenues Economic Recovery Bond ("Triple Flip") 19,423 $ 19,158 $ 21,975 $ 14,022 $ 14,980 $ 5,081 $ 12,225 $ 4,271 $ 5,523 $ 15,891 $ 132,549 $ 1,320 $ $ $ $ 10 $ 425 $ 177 $ $ 9 $ $ 1,941 $ 19,388 $ 19,158 $ 23,724 $ 14,022 $ 14,939 $ 5,958 $ 12,347 $ 4,244 $ 6,036 $ 17,891 $ 137,707 $ 35) 1,749 41 877 122 27 513 2,000 5,158 On March 2, 2004, the State's Economic Recovery Bond Act was placed on the ballot and passed by voters. It authorized the issuance of up to $15 billion of bonds to repay the accumulated State budget deficit through June 30, 2004. The bonds will be secured by a pledge of a quarter cent sales tax, which will be diverted from local governments to a special fund dedicated to the repayment of the bonds. The State would simultaneously divert a portion of property taxes from schools to local governments to offset their sales tax loss. Finally, the State will make additional General Fund payments to school districts to replace their lost property taxes. This revenue shuffle is referred to the "triple flip" and is set to begin on July 1, 2004. In order to provide a comparative analysis between fiscal year 2004 and fiscal year 2005 projections, the sales tax and property tax revenues included in the budget do not reflect the swap under the "triple flip". Since the swap of revenues have no net impact to the 14 General Fund, with the exception of some minor investment losses, the adjustments will be reflected during the next two-year budget process. Sales and Use Tax Revenue Sales and use tax revenues are estimated at $23,723,617 in the fiscal year 2005 proposed budget. This represents an 8.0% increase over the fiscal year 2005 adopted spending plan. This forecast assumes continued growth from fiscal year 2004 at a rate of 10% based on long-term trends, continued population growth, and the completion of new retail centers in the City. Property Tax Revenue Property taxes are estimated at $19,158,422 in the fiscal year 2005 proposed budget; .the projection has not changed from the initial estimates included in the 2005 adopted spending plan. The estimate was based on a projected increase in assessed valuations of 14%. This is a revenue source expected to continue increasing in future years along with the continued growth in the City. Motor Vehicle License Fees Motor vehicle license fees are estimated at $14,022,071 in the fiscal year 2005 proposed budget. The projections have not changed from the initial estimates included in the 2005 adopted spending plan. Due to the State's fiscal crisis during fiscal year 2004, cities and counties did not receive the VLF backfill to offset reduced VLF rates on vehicle registrations for the period between June 19, 2003 and October 1, 2003. The State's fiscal year 2004 budget deleted all funding for the VLF backfill due to the pulling of the VLF "trigger". Consequently, a funding "gap" was created which is estimated to cost Chula Vista approximately $3.5 million in revenues during fiscal year 2004. As the State continues to struggle with it's fiscal crisis, a proposal to permanently reduce the VLF rate from 2% to 0.65% is being discussed. This would trigger the elimination of the VLF backfill which would be replaced with a like amount of property taxes, dollar-for- dollar, except for a two year "contribution" by cities and counties of $700 million or $350 million each in both fiscal years 2005 and 2006. In the third year, cities and counties would receive the full amount of the new property tax in exchange for the VLF backfill, and it would grow as property tax grows in the future. This would increase every city's and every county's share of the property tax. Since this is still a proposal, the proposed 2005 budget makes no assumptions about changes in the VLF allocation. The projected impact on Chula Vista is a loss of approximately $3.6 million ($1.8 million each of the two years). Once the State budget is adopted the specific impact on City revenues will be identified and reported to Council. 15 Other Revenues Revenue projections are continually reviewed and updated by City staff. As described above, major general revenues, such as property taxes, sales taxes and motor vehicle license fees are projected by the Finance Department based on prior history, growth and inflation projections, and economic climate. Other general revenues and program revenues are typically projected based on broad categories. These revenues are placed in "projection categories" based on their individual growth characteristics, and preliminary projections are made based on the category. Major projection categories include: · Revenues affected by population qrowth, such as utility users tax, alarm permits, dog licenses, recreation fees, library fines, are estimated based on projected prior year actual revenues increased by population growth, which is being conservatively projected at $15.6 million; a $1 million dollar increase over the fiscal year 2005 adopted spending plan. Revenues affected by salary increases, such as reimbursements from other City funds, deposit-based developer fees, were estimated based on projected prior year actual revenues adjusted for anticipated changes in activity levels and salary increases adopted in memorandums of understanding or other compensation- related actions. These revenues are projected at $37.2; an increase of $1 million over the fiscal year 2005 adopted spending plan. · · Revenues affected by development activities, including building permits and plan check revenues, were adjusted based on up to date Planning Departnient activity estimates for commercial and residential development. These revenues are projected at $3.6 million; a $100,000 increase over the fiscal year 2005 adopted spending plan. · Revenues affected bv CPI increases, including transient occupancy taxes, were estimated based on projected prior year actual revenues increased by anticipated increases in the San Diego All Urban Consumer Price Index, which was estimated by the City's Finance Department at 3.5% for fiscal year 2005. These revenues are projected at $10.1 million; a $1.1 million increase over the fiscal year 2005 adopted spending plan. · Flat revenues are those that generally do not fluctuate from year to year, unless specific adjustments are needed; these include revenues from other agencies. These revenues are projected at $6.6 million; a $600,000 decrease from the fiscal year 2005 adopted spending plan. · Other revenues, including one-time revenues that are budgeted based on anticipated events, grant revenues, sporadic and cyclical revenues, are adjusted based on information supplied by departments. These revenues are projected at $7.1 million; a $1.8 million increase over the fiscal year 2005 adopted spending plan. 16 STAFFING ADJUSTMENTS The proposed budget includes funding for 1169.1 FTE; an increase of 60.5 positions over the fiscal year 2005 adopted spending plan. Of the additional 60.5 positions, 48.25 were approved by Council mid-year and 12.25 are being proposed as part of the budget process. It is important to note that the addition of each of these positions was either a) directly related to growth, b) fully revenue offset, and/or c) in response to one or more of Council's strategic themes. The following graph demonstrates that while staffing overall has increased during the past few years the full time equivalent (FTE) per one thousand residents has remained fairly constant. The increase in FTE's per thousand in fiscal year 2004 is primarily attributable to the opening of the new Jail Facility (12 positions), staffing for two new fire stations (18 positions), and bringing fire dispatch back to Chula Vista (12 positions). If not for these public safety enhancements, staffing levels per thousand would have remained below historical levels. 225.00 7.00 1350.00 1125.00 6.50 900.00 675.00 6.00 5.50 450.00 5.00 4.50 0.00 4.00 FY 2000 FY 2001 FY 2002 FY 2003 FY 2004 FY 2005 _Total FTE's _FTE's/1000 Enhancing Public Safety Safety remains a key priority for the City. As a result, Council has approved a number of positions in the Fire and Police departments. In the Fire department, the addition of nine positions was accelerated to staff a second ladder truck. These positions were included in fiscal year 2005 spending plan; the additional cost of hiring these positions early is ($295,000). The addition of this ladder truck will allow the department to better meet service level needs while improving firefighter safety and citywide response times. Ladder trucks are critical for providing special equipment and operations during structure fires; they help limit the amount of fire damage and property loss and provide a safer firefighting environment. 17 An additional nine fire positions were approved by Council to staff Fire Station 8 ($763,845), which will improve citywide coverage and improve response times. Continued growth and the relocation of Station 6 to Rolling Hills prompted the need to accelerate the construction of Station 8. The addition of these positions helps to ensure that existing fire resources are not strained as the City continues to grow. In fiscal year 2004, Council also approved the addition of twelve positions to staff Fire Dispatch ($1,069,827). Transitioning Fire Dispatch to Chula Vista guarantees a permanent dispatch infrastructure to meet the needs of our growing City. It also allows the department to customize fire operations to better meet resident service needs. With the opening of the new police facility, the Police Department now operates a Type I Holding Facility, which is a transition from the temporary holding facility that was operated in the old building. This transition required the addition of nine police service officers, a lieutenant, a senior office specialist and a lead custodian. The new facility can hold up to 46 inmates, who can be held for a maximum of 96 hours before they are released or transported to court for arraignment. The holding facility also has two sobriety cells that can accommodate an additional 12 inmates. The transition to a Type I Holding Facility allows staff more time to interview suspects while in custody and to act on misdemeanor/traffic warrants. Enhancing Recreational Opportunities In order to prepare for the opening of three new Recreation Centers in the Eastlake Trails, Sunbow, and Rolling Hills Ranch neighborhoods in late 2005, staff is recommending the phased addition of three Recreation Supervisor Ill's beginning in January 2005 ($85,890). The Recreation Supervisors will work closely with the community to provide programming that reflects the community's interests. A summary of all new positions approved in fiscal year 2004 and the proposed changes for fiscal year 2005 are presented on the following tables. Summary of New Positions and Reclassifications Approved by Council During Fiscal Year 2004 by Department and Program Staffing for Fire Station 8 opening January 2005 Fire Captain Fire Engineer Firefighter Fire Captain Fire Engineer Firefighter Fire Communications Manager Fire Dispatcher Supervisor Fire Dispatcher 3 3 3 3 3 3 1 2 8 Fire (29) Early staffing of second ladder truck' Opening of in-house fire dispatch center 18 MIS(1) Fleet (1) Opening of in-house fire dispatch center Maintenance of fire equipment Operation of Type I holding facility General Services (1) Operation of Type I holding facility Police (15) California Border Alliance Group (CBAG) City Attorney (1) Increase in development related caseload Improved Website Maintenance Administration (-.75) Reorganization of Community Development Community Development (3) Reorganization of department Engineering (-2) Elimination of Engineering Department Micro Computer Specialist 1 Fire Apparatus Mechanic 1 Lead Custodian 1 Lieutenant 1 Police Service Officer 9 Senior Office Specialist 1 Regional Computer Forensic 1 Laboratory Network Engineer Management Assistant 1 Program Manager 1 Analyst 1 Deputy City Attorney III 1 Webmaster -.5 Webmaster .75 Western Chula Vista -1 Development Manager Deputy Director of 1 Redevelopment Redevelopment Projects 1 Manager Community Development 1 Specialist I Director of Engineering -1 Assistant Civil Engineer -1 Total New Positions (All Funds) 48.25 . Staffing for the second ladder truck was originally included as part of the fiscal year 2005 spending plan; during fiscal year 2004 Council approved the early addition of these 9 positions. Summary of Proposed New Positions and Reclassifications by Department and Program for Fiscal Year 2005 Fire (5) Staffing for light and air rescue Fire Engineer 3 Fire prevention enhancement Fire Inspector II 2 Recreation (3) Opening of 3 new community Recreation Supervisor III 3 centers Library (1) Expansion of DASH program to 3 Extended School Day Supervisor 1 new schools 19 Fleet (1) Fleet Maintenance Equipment Mechanic 1 Planning Administration Assistant Director 1 Planning and Building Extension of the General Plan (2) update Principal Planner' 1 Gift Shop Specialist -.75 Nature Center (.25) Reclassification Nature Center Specialist 1 Business Office Manager -1 Public Information Officer 1 Customer Service -1 Police (0) Reclassifications Representative Senior Office Specialist 1 Office Specialist -1 Secfetary 1 Admin (1) Senior Management Analyst 1 General Services (-1) Transfer of position Senior Management Analyst -1 Total New Positions (All Funds) 12.25 . The Principal Planner will be deleted in November when the General Plan Update is completed. This position was previously the General Plan Project Manager. Reorganizations In addition to the aforementioned staffing changes Council approved a number of reorganizations during fiscal year 2004. Following is a brief summary of the organizational changes that have been implemented or are being proposed to improve overall effectiveness and efficiency citywide. General Services IPublic Works Operations/Enaineerin" With the retirement of the Director of Engineering, the Engineering Department was eliminated and its sections reassigned to General Services and Public Works Operations in order to create a more efficient organizational structure. The majority of the Engineering Department was reassigned to the General Services Department; Inspection Services was reassigned to Public Works Operations. These changes resulted in a net savings of approximately $217,000. This reorganization has made possible the consolidation of the City's capital development operations. From the early planning stages, through the budgeting process, to the design and construction of projects, all of the project management activities are now together in a single place in the organization. Merging the project development and design elements of Engineering with the project management activities in General Services creates an enhanced and cohesive relationship and cross training opportunities. Likewise, the Infrastructure Maintenance and Inspection Services sections were merged, both now report to the Director of Public Works Operations. The incorporation of the 20 Inspection Services into Public Works Operations allows for better communication and cooperation between inspection staff and maintenance staff resulting in improved facility maintenance. This is a natural transition as these two sections generally work closely and have developed a cooperative relationship. t :_ ~ . Public Works Operations Senior Office Specialist Senior Fiscal Office Specialist Custodial Services Supervisor Deputy Director of Engineering Deputy Director of Engineering Senior Park Supervisor Senior Public Works Supervisor Wastewater Collection Supervisor Deputy Director of Engineering Sr. Equip. Maintenance Supervisor Open Space Coordinator Administrative Secretary Senior Office Specialist Custodial and Facilities Manager City Engineer Deputy City Engineer Park Manager Public Works Manager Wastewater Collection Manager Senior Civil Engineer Equipment Maintenance Manager Open Space Manager General Services Director of Engineering Assistant Civil Engineer Net Impact of Changes -1 -1 -2 Community Development The Community Development Department also reorganized in fiscal year 2004 in order to better meet the City's renewed emphasis on the revitalization of western Chula Vista. The department added new positions, reclassified others, and altered its formal structure to allow increased flexibility and effectiveness in the utilization of staffing resources. The reorganization of Community Development resulted in no net impact to the General Fund in fiscal year 2005 as a result of the elimination of Western Chula Vista Development Manager and unanticipated revenue. In fiscal year 2004, there was a one-time cost of $190,771. Redevelopment Coordinator Planning and Environmental Manager Senior Community Development Specialist Senior Planner Housing Coordinator Community Development Specialist II Community Development Specialist II Principal Community Development Specialist Principal Community Development Specialist Principal Community Development Specialist Planning and Housing Manager Senior Management Analyst Senior Community Development Specialist Senior Community Development Specialist Senior Community Development Specialist Senior Community Development Specialist Senior Community Development Specialist Senior Community Development Specialist 21 Western Chula Vista Development Manager Environmental Projects Manager Net Impact of Changes -1 -1 1 Plannina and Buildina Department In December 2003, Council approved a change in the management structure of the Planning and Building Department that was implemented in order to better carry out the department's current and long term work programs. The position of Assistant Planning Director was eliminated and a second Deputy Planning Director was added to create a more balanced management structure. During the same Council action, the General Plan Manager position was deleted and a Development Services Technician was added. These changes resulted in a savings of $129,600. It was anticipated that under this structure the department's two Deputy Directors would be able to absorb the existing duties of the Assistant Director; allowing the Director to be more engaged in important projects, policies and issues pertaining to both divisions in the department. This has not worked in practice and based upon the department's current and projected workload it is not anticipated to change. Therefore, the Department of Planning and Building is requesting that the Assistant Planning Director position be reinstated. This will enable the Director to redirect some of his duties and allow him to focus on the overall direction of the department and improve communication and coordination with the City Manager, Mayor, City Council, and other department heads. The Assistant Director will be primarily responsible for policy oversight for major Otay Ranch projects such as Village 7, Village 2, the Eastern Urban Center, and university; policy oversight for the City's environmental programs, as well as overall Planning Division oversight and personnel issues. The cost of reinstating the Assistant Planning Director position ($170,025) will be fully revenue offset. The department is also requesting that the two existing Deputy Planning Directors be reclassified to a Development Planning Manager and an Advanced Planning Manager. This aspect of the reorganization has been beneficial in a couple of significant ways - it has clearly defined the reporting structure in the various areas of Advanced Planning, including Growth Management, General Plan Update/Major projects, and Long Range Planning. It also recognized the tremendous amount of responsibility that is associated with overseeing major citywide multi-department planning efforts, such as the current General Plan Update effort and the upcoming Comprehensive Zoning Code Update. Reclassifying these positions will allow the department to continue to realize the benefits of the reorganization while recognizing the impact that an Assistant Director of Planning will 22 have on the overall management structure of the department. The reclassification of the two Deputy Planning Directors will result in a long-term annual savings of approximately $18,000 per year. 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" " " " ~ ~ " ë rn ,f: ~ ~ " o "'0 (¡) ~ ~ ~ g g 19 -¡i) rn rn 8. ~ g> ~ '~ '" l' .§ 'ÕJ " <= " UJ ,~ M <= 0 UJ ¡;: ..¡ ~ <> " o " N >- ~ ~ " '" >- ~ ~ .9 ~ ,2 <= ã: "- '" ... ..; '" '" ... ... ... ~ 00 N '" ...: 00 00 N '" <S '" 00 ~ ...: '" 00 " " " <= " E " ~ õ ~ ~ e " o - 0 .:!! N ~ m b>- c: ~ ~ ,!Q (! _LL CAPITAL IMPROVEMENT PROGRAM SUMMARY FISCAL YEAR 2005 EXPENDITURE SUMMARY The proposed Capital Improvement Program (CIP) budget for fiscal year 2005 is $41.5 million of which $35.1 million will be appropriated with the adoption of the budget. This marks an increase of $12.3 million over the fiscal year 2005 adopted spending plan. Increases of this magnitude are not uncommon given the often-unpredictable timing of large-scale capital projects. The increase from the adopted spending plan to the proposed budget can primarily be attributed to the following projects: · $3.3 million for general government projects, including $3 million for the Civic Center renovations and $300,000 for the clean-up of the former corporation yard. The $3 million budgeted for the Civic Center project is an interim measure to keep the project on schedule until the bonds for the project are issued. The total cost of the Civic Center project is estimated at $45.3 million. · $1.1 million to complete the new police facility · $850,000 for Redevelopment Projects including $350,000 for the Urban Core Specific Plan and $500,000 for the Main Street Widening project · $2.2 million for local streets projects; including $1.5 million for the reconstruction of Fourth Avenue between Davidson and SR54, $274,000 for sidewalks on Otay Lakes Road, and $320,000 for Fourth Avenue sidewalk improvements · $500,000 for Major Street Projects, including the North Broadway Reconstruction project · $3.1 million for Sewer Projects; includes $2 million for a new project to make necessary improvements at the G Street Pump Station · $940,000 for Traffic Projects; including $200,000 for the Transportation Planning Program, $180,000 for the installation of a new traffic signal at Naples and Oleander, and $100,000 to upgrade pedestrian indicators As indicated in the following graph, the largest portion of the fiscal year 2005 CIP is proposed for street projects (28%) followed by construction of the new Rancho Del Rey Library (27%), and sewer projects (24%). 25 Fiscal Year 2005 CIP Budget by Project Type Local Streets 16% Major Streets 12% Parks and Recreation 1% Library 27% Public Safety 3% Redevelopment 2% General Government 8% Traffic Drainage 5% 2% Following are descriptions of most of the major projects included in the proposed $41.5 million CIP for fiscal year 2005. For convenience the projects are categorized by building and park projects, infrastructure projects, and other projects. Building and Park Projects $15.4 million As part of the fiscal year 2005 CIP budget, $11 million is allocated for a new library in Rancho Del Rey at the corner of Paseo Ranchero and East H Street. Currently the library is scheduled as a 30,000 square foot facility. However, if the City were successful at obtaining a Library Act Grant the library would be increased to approximately 36,000 square feet. The entire City share of the project is funded from the Public Facilities Development Impact Fee. , 26 The budget also includes $3 million for the Civic Center renovations from the Public Facilities Development Impact Fee Funds, which will be refunded from the proceeds of the Civic Center Renovations Bond issue. There are several other large building and park construction projects that will be under construction in fiscal year 2005. Funding for these projects is not included in the CIP budget as the City is utilizing the design/build process for all of these projects and the manner in which funds are appropriated are tied to the final estimate of the project once the design process is nearly complete. This method of budgeting has resulted in more accurate budget estimating and virtually eliminated the need to ask Council for additional appropriations once construction has commenced. As a result, staff will return to Council mid-year to request the necessary appropriations. These projects include construction of Fire Station 8, construction of Montevalle, Salt Creek, Mountain Hawk, and Mt. San Miguel Parks. City Council has also previously approved a number of park projects as part of the Western Chula Vista Financing Program. During fiscal year 2005 construction will begin on Harborside Park ($1.5 million), Otay Park ($1.5 million), and Eucalyptus Park ($6 million). Infrastructure Projects $24.5 million There are a number of significant infrastructure projects that will be undertaken in fiscal year 2005. Among them are major reconstruction efforts on Fourth Avenue between Davidson Street and SR 54 and on Broadway between C and D Streets, major improvements to the G Street Pump Station and several new traffic signals. The budget also includes $3.5 million for the citywide pavement rehabilitation program and a number of minor sewer rehabilitation projects. Also, beginning in fiscal year 2005, a number of infrastructure improvement projects associated with the western Chula Vista infrastructure-financing program will get underway. These projects are not included in the CIP budget, as they will be funded through debt issuance during the course of fiscal year 2005. Once the financing is in place, staff will return to Council to request appropriations for the individual projects. A 27 number of assessment districts are in the process of being formed and once that process is complete and the funds secured, construction will commence on a variety of street improvement projects. Likewise, a substantial number of drainage projects will quickly move forward once funding is secured. Construction of the Olympic Parkway/l-805 interchange will begin in fiscal year 2005. This $21 million project is expected to take between 18 to 24 months to complete. Council awarded the contract for the construction of this project in April 2004. The Wolf Canyon Trunk Sewer project involves the installation of approximately 15,700 linear feet of sewer pipes varying in size from 10 inches to 15 inches within the Wolf Canyon Sub-Basin. The trunk sewer line will connect to the Salt Creek Gravity Sewer Interceptor at the downstream end of reach 8A. The cost for this project will be financed by either a loan from the Trunk Sewer Fund and/or a loaning agency; as a result the project cost of $6.5 million will not be appropriated with the adoption of the fiscal year 2005 budget. Staff will return to Council with a recommendation on the structure and cost of this loan. Construction on this project will begin in late 2005. Other Projects $400,000 Funding for two non-capital projects has also been included in the proposed CIP budget for fiscal year 2005: $100,000 appropriation for the update of the City's Zoning Code and $300,000 for the demolition of the former corporation yard at the corner of F Street and Woodlawn Avenue. Should Council approve the sale of the former corporation yard, it is expected that the General Fund can be reimbursed for demolition costs from proceeds of the sale. 28 FISCAL YEAR 2005 FUNDING SOURCE SUMMARY The fiscal year 2005 Capital Improvement Program includes a number of key funding sources. The proposed increase of $12.3 million for the Capital Improvement Program Budget will be primarily funded through the following: · An additional $300,000 from the General Fund for the clean up of the former corporation yard - to be reimbursed from the sale of the property · $547,000 from the Traffic Signal fund for the installation of traffic signals · $2.6 million from Transportation Sales Tax· for sidewalk installation and rehabilitation projects · $623,000 from the Trunk Sewer fund for sewer improvements · $3 million from Public Facilities Development Impact Fee Fund for the Civic Center remodel; to be paid when the bonds are issued · $1.1 million from the interest on the Police Facility bonds to complete the Police Facility · $2 million from the Sewer Facility Replacement fund for the G Street Pump Station Improvement project · $458,000 from the Residential Construction Tax, new projects include landscaping improvements on H Street from 1-805 to Hilltop and property and easement studies As indicated in the following graph, the largest portion of the fiscal year 2005 CIP is funded by the public facilities development impact fee (51%) followed by the transportation sales tax (20%), and sewer funds (9%). 29 Fiscal Year 2005 Key Funding Sources by Category CDBG 3% Police Facility Bond Proceeds 3% TDAlBicycle Facilities 1% Sewer Funds 9% California Library Services Act 0% Transportation Sales Tax 20% Traffic Signal 4% Gas Tax 2% 30 Poggi Canyon Sewer Basin DIF 1% TDIF 10% Public Facilities DIF 40% BUDGET HIGHLIGHTS AND STRATEGIC THEMES City Council has adopted five broad strategic themes. These themes are long-term, broad and directional in nature and provide staff with the foundation for aligning citywide programs and resources with Council priorities. The remainder of this section serves as an addendum to those highlights previously presented as part of last year's budget document. 1Il·· I"^ ti iÞ 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. Strona and Safe Neiahborhoods Ensure our neighborhoods and business districts are safe and appealing places to live, work, shop, and visit. Diverse Cultural. Educational. and Recreational Opportunities Provide a wide-range of cultural, educational, recreational, and economic opportunities that meet the needs and interests of our diverse community. Economic Development Foster a positive business climate that attracts new businesses, creates a broad range of employment opportunities, and revitalizes the downtown area. Cost Effective Government and Fiscal Stabilitv 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. 31 lYl Enhancing Fire Suppression Services Fire Dispatch $1,069,827 staffing (12 new positions) The City's new Fire Communications Center will open at midnight on June 30th. The main benefits of handling fire calls for service in-house are: enhances operational control, staff can proactively adjust policies and procedures to improve service delivery as the City continues to grow, and establishes local control to better meet the needs of a changing community. A computer aided dispatch system will capture call for service data for export to a new records management system. Combined these systems will give the Fire Department the information it requires to make more effective and efficient use of its resources, resulting in better customer service and improved community safety. Construction and Staffing of Fire Stations 6 and 8 $5,600,000 CIP (9 new positions) $763,845 Staffing The City's current Fire Station Master Plan provides for a 9-station network to service Chula Vista. To date, seven of the stations have been built. The remaining two Fire Stations, Stations 8 and 9, are proposed to open as the eastern portion of Chula Vista continues to grow. In accordance with the master plan, interim station 6, which is currently in the Eastlake I Business Park, will be relocated to a new site in Rolling Hills Ranch. Construction of Fire Station 6 began in March 2004 and is scheduled for completion in January 2005. Upon completion staff and equipment from interim Station 6 will relocate to the new facility. e 32 The relocation of Fire Station 6, coupled with continued rapid growth, has created the need to accelerate construction of Fire Station 8. Plans currently call for construction of Station 8 to begin in January 2005 and be completed by July of the same year. However, to maintain service levels, it is critical that the staffing and equipment for Station 8 come on line concurrent to the move of Station 6 to its new location. Therefore, staffing for Station 8 will be hired in October 2004 and will be housed at the newly vacated interim Station 6 (which will be renamed interim Station 8) until the new Fire Station 8 is completed in July. Light and Air Rescue Staffing (3 new positions) The addition of 3 fire engineers to operate the City's light and air rescue vehicle will have an immediate positive impact on fire operations by providing light and oxygen bottles in emergency and trauma situations. This vehicle is used to provide lighting at emergency situations such as traffic accidents and emergencies in remote areas; it has the ability to illuminate large areas creating a safer working environment. In the event of a structure fire, oxygen tanks can be refreshed on scene. $242,356 New Pumper Trucks $990,195 In an effort to better service a growing community, two new fire engines were ordered to replace open cab frontline apparatus and expand the fire reserve fleet. The addition of two fire engines will expand the reserve fire engine fleet from three to five fire engines reducing down time when any of the eight frontline fire engines are out of service for mechanical repairs, annual NFPA service testing or aerial testing. This addition will also enhance department-wide training by allowing one fire engine to be designated as the primary fire academy apparatus assigned to the Training Division. ~' JJJ Enhancing Fire Prevention (2 new positions) $246,013 personnel $49,016 equipment As part of the citywide effort to maintain exemplary service levels in the face of rapid growth, the proposed budget includes funding for two new Fire Inspectors and the reinstatement of the frozen Fire Marshal position. The two new inspectors will focus on the enforcement of the Uniform Fire Code, life safety inspections and permitting of places of public assembly, and new and existing buildings. They will also conduct plan check review of new housing construction as well as new and existing commercial buildings. The cost of the two new inspectors is fully offset by increased permit revenues. 33 lÎl Police Holding Facility (12 new positions) $975,462 Operation of a Type I holding facility will provide many benefits to the Chula Vista community. Having suspects in custody for more than eight hours will provide detectives more opportunities for questioning. The Police department will also now have the ability to act on the approximately 9,000 misdemeanor/traffic warrants in Chula Vista that typically go unserved, as they do not qualify to book into County jail (the County will not accept these prisoners). These lower level offenses include assaulting a Police Officer, possession of a concealed weapon, prostitution, DUI/Under the influence of controlled substances, and shoplifting. With the new jail facility, the City will be able to serve these warrants, arrest the individuals, and hold them for arraignment. The annual cost of operating this facility will be fully offset through booking fees and contractual agreements with other law enforcement agencies. Police Public Information Officer (Reclassification of existing position) $121,171 As the City and the department have grown, so too has the complexity of information that needs to be shared with the public via the media. The addition of a Public Information Officer (PIO) will provide a single point of contact for all media outlets. This will improve the consistency and timeliness of public information releases. The PIO will also enhance community understanding of police services. The annual cost of the position will be fully absorbed by eliminating a vacant mid-manager position and additional salary savings. S· o . . 0 ::': ...... Enhancement of After School Programs (1 new position) $251,500 The proposed budget includes additional funding for the expansion of the City's various after school programs. With these enhancements the total funding for the City's STRETCH, DASH, and middle school programs will exceed $1.8 million. This amount is offset by $1.1 million dollars of revenue resulting in a net city cost of $700,000 for the operation of these programs. The proposed enhancements will a) add three new elementary schools (Hedenkamp, Liberty and Salt Creek) to the DASH program, b) allow the STRETCH program to operate 34 at full capacity at Lauderbach Elementary, and c) add two new schools to the middle school program (Bonita Vista and Eastlake middle schools). With the addition of these new schools there will be a total of 24 schools with the DASH program, 7 schools with the STRETCH program, and 6 schools with the middle school program, enhancing the diversity of cultural, educational, and recreational Opportunities provided to the community. The DASH program is designed to provide elementary school age children with a variety of challenging, structured recreational activities in a safe after school setting. Part of the programs success can be attributed to the innovative and engaging curriculum, making it a popular program with both students and parents. The additional costs of expanding DASH to three new schools ($183,000) will be split SO/50 with the Chula Vista Elementary School District; resulting in a net General Fund cost of $91,500. The STRETCH program offers interactive programs to children such as "Character Counts," a new, yearlong curriculum component for 5th and 6th grade students designed to promote the "pillars of character," such as respect, trustworthiness, and responsibility. The costs of expanding the capacity of the STRETCH program at Lauderbach Elementary ($33,400) will be largely offset by $25,700 of additional reimbursement revenues from the school district. The City's middle school program provides a safe after-school environment for children to participate in activities such as flag football, soccer, basketball, and cheerleading. The program is free to all participants and is offered in partnership with the YMCA, South Bay Community Services, and individual schools in the Sweetwater School District. As with the DASH programs, the additional costs of expanding the middle school program to two new schools ($34,500) will be split SO/50 with the school district. . Staffing for New Community Parks (3 new positions) $85,890 New parks at Veterans, Salt Creek and Montevalle represent a new operating paradigm for the Recreation Department. The facilities bring together traditional community centers and large programmable parks with playing fields, picnic shelters, playgrounds, skate features, basketball courts and indoor gymnasiums. Because of the complexity of operations and increased responsibility, the managers of these new parks will be at the Recreation Supervisor III level. A manager at this level has traditionally been tasked with programs 35 having citywide impacts and the new parks will bring equivalent responsibilities and expectations. Assisting in the overall management at each of the new centers and parks will be a Recreation Supervisor I, to be hired in fiscal year 2006. ~ . -,,------~--- --...-- '" --- ___,ø__"'__ ,--~------- ~ -- . ~------ -- -'-- - -- -- --- , -"~.~-~-~,-~-- ~\~ ~ - _. - emOf OiUIA VISTA t; .',' ,.", ..~¡'~, _ ',_L/ Master Plan at 70% Construction Documents -- ~~ v", [)n':T ". .-. PElF .-1 __ SOlE The Department will hire the three Recreation Supervisors III nine months before opening, as was the practice with Otay Recreation Center and Heritage Park. This lead time not only provides time to help bring the park and center to operational readiness; it affords time to go out into the community to ascertain the program desires of citizens and cement partnerships with neighboring schools and civic organizations. The three Supervisors I will be hired three months before opening and be integral in program implementation. Veteran's Park, pictured above, is scheduled to open on Veteran's Day, November 11, 2005; Montevalle Park is scheduled to open in early October 2005; and Salt Creek Park is scheduled to open in early January 2006. 1il In an effort to enhance the City's graffiti eradication program, funding for a graffiti abatement van is included in the fiscal year 2005 budget. The van gives the Graffiti crew the ability to match paint colors on the scene. Graffiti crews currently cover graffiti with available colors that do not always match the existing wall or object color. The new Graffiti Eradication Truck $140,000 36 equipment allows for color matching so precise that the graffiti will be undetectable. Once the crew creates a custom color to cover graffiti at a particular site, they will leave a gallon of this custom paint with the property owner to use in case of reoccurrence. The graffiti abatement van will be an excellent addition to the services the City already offers in the fight against graffiti and promotes strong and safe neighborhoods. .~., . ~ Taste of the Arts $93,875 The City continues to provide citywide activities and events that bring the community together. One of the major celebrations sponsored by the City is the Taste of the Arts, which is held each April on the Bayfront. In fiscal year 2005, Taste of the Arts will celebrate its 15th anniversary. This event enjoyed by thousands of residents, features musical performances, local artists, craft and food vendors. The fiscal year 2005 budget includes increased funding for this event as a result of a decrease in discretionary funding from the Port of San Diego and increases for staging, booth set-up, and liability insurance. To offset these increases, funding budgeted to support Celebrate Chula Vista will be redirected to Taste of the Arts; the additional General Fund support totals $6,380. ~: New Equipment Mechanic and Fire Mechanic (2 new positions) $125,104 During the past few years both the size and complexity of the City's vehicle fleet has grown considerably. In response to this, the proposed budget for fiscal year 2005 includes funding for two additional mechanics: one equipment mechanic and one fire mechanic. The addition of these positions will enable the Fleet Maintenance unit to more efficiently provide the necessary level of vehicle maintenance and repair service for vehicles utilized by all City departments. It will give the section more flexibility to utilize its staff to meet any maintenance requirements that might arise, particularly for Police and Fire vehicles. The cost of both positions is fully offset by savings in fleet maintenance accounts used for contractual vendors to perform routine maintenance and repair activities. .\ti Urban Core Specific Plan The Urban Core Specific Plan (UCSP) is being prepared to provide a neighborhood level plan for the northwest area of the City. The Specific Plan will be completed within the next year, ensuring that development regulations and entitlement tools will be readily available to respond to increasing development interests in the City's Urban Core. The fiscal year 2005 37 $700,000 CIP budget includes additional funding to address two components of the UCSP - the Master Environmental impact Report and the Public Facilities Financing Plan. The Environmental Impact Report will be prepared to address the environmental impacts associated with future development within the Urban Core. It is anticipated the environmental document will be a Master EIR that provides a sufficient level of environmental analysis and outlines a mitigation framework in order to streamline the review process of future development projects in the Urban Core. The cost of this component is $250,000. The Public Facilities Financing Plan will be developed to ensure that public facilities are provided commensurate with need. The PFFP will be developed and approved in conjunction with UCSP at a cost of $100,000. ....,,,....."" ~I!t- Wîf "".. CHUA V15rA --.-....... _JILNøMoIG~ URBA.."'i CORE SPBCIAC PLAN STUDY AREA "'OCUSAM!A ~~IoIAItY WA.fat'tAT\.IItES NC:!tvIlO!.lf.'OMY .,' ~ ......"......u.:_ ---- - , .+. . \ . --"" -' ...."""" BAY ..... OftAf,.. ''I*~.- 38 ACKNOWLEDGEMENT This addendum to the fiscal year 2004 and 2005 budget document was prepared in accordance with the City Council's direction to reflect our long-term financial forecasts in estimating the City's resources and budgetary requirements. The City Council wants to know where we are, where we are going, and how we are getting there. This document continues our efforts in these areas. As Council is aware, Assistant City Manager Cheryl Fruchter has been on leave for the past several months. However, she continues to be actively engaged in a variety of critical projects including the budget process. I would like to recognize Assistant City Manager Fruchter for her unwavering dedication to the Chula Vista community and the invaluable leadership and guidance she provides. I would also like to recognize Edward Van Eenoo, Assistant Director of Budget and Analysis. Maria Kachadoorian, Director of Finance, Jack Griffin, Director of General Services, Angelica Aguilar, Pat Laughlin, Pablo Quilantan, and Paul Valadez from the Office of Budget and Analysis, and Phil Davis, Evelyn Ong and Veronica Roble from the Finance Department, for their excellent service and guidance in this process. The cooperation and assistance of the Department Heads and their budget staff is also greatly appreciated. Respectfully submitted, ¿ý'~/P~'-Y- David D. Rowlands, Jr. City Manager 39 40 FUND APPROPRIATIONS BY DEPARTMENT AND EXPENDITURE CATEGORY 41 42 -"'- mCOø õotn ...."''0 >~ ...111 o)C")......C')CT.IN.....CO~O)O)IJ') OCDCD'<tr---LOW......C"')(o..-O (C.....œN.....cn.....c¡;;¡ONCD...-- riÒa>óL6r-:co;-iJ.ÕCÕÑ..f ...............'¢CDCDCO...........MCDN o CO.....OOvr--.WNONN . 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C z ~ CI ~~~~~~~~~~~~ffi~ffimmw~~~~~~~~~~~~~~~~~~~~~ 45 46 PROJECT SUMMARIES 47 48 CAPITAL IMPROVEMENT PLAN PROJECTS 49 50 CAPITAL IMPROVEMENT BUDGET FUNDING SUMMARY BY PROJECT TYPE Draina.e FY05 AMENDED FY05 SPENDING PROPOSED PLAN BUDGET CHANGE DR127 Drainage Improve. - Tobias to Glenhaven Phases I - III DR134 Hilltop Drainage Improve. Between I and Whitney DR160 F Street Drainage Facilities DR909 Judson Basin Drainage, Hilltop to Tobias DR999 CMP Rehabilitation/Replacement Annual Program DR999 CMP Rehabilitation/Replacement Annual Program Appropriated $705,000 $915,000 $210,000 TOTALS $705,000 $915,000 $210,000 General Government FY05 AMENDED FY05 SPENDING PROPOSED PLAN BUDGET CHANGE GG128 Phone System Upgrade GG139 Civic Center Expansion GG181 Comprehensive Zoning Code Update GG185 Former Corp Yard Demolition Appropriated $100,000 $3,400,000 $3,300,000 TOTALS $100,000 $3,400,000 $3,300,000 Landscaping FY05 AMENDED FY05 SPENDING PROPOSED PLAN BUDGET CHANGE LD109 H Street Streetscape Imps - Hilltop to 805 - Appropriated $0 $75,000 $75,000 TOTALS $0 $75,000 $75,000 51 CAPITAL IMPROVEMENT BUDGET FUNDING SUMMARY BY PROJECT TYPE Libra LB124 East Side Library LB137 Radio Frequency Identification Inventory Control System Appropriated TOTALS FY05 AMENDED SPENDING PLAN FY05 PROPOSED BUDGET CHANGE --- --- $11,045,388 $11,045,388 $0 $11,045,388 $11,045,388 $0 Local Streets ST425 Cross Gutter Removal at E Street and First Avenue STL201 Block Act-Planning STL238 Pavement Rehabilitation - Future Allocations STL238 Pavement Rehabilitation - Future Allocations STL255 Street Improvements Along Halsey STL261 Willow Street Bridge STL285 Quintard Street Improvements - 3rd to Orange STL286 Sidewalk Improvements on Otay Lakes Road STL286 Sidewalk Improvements on Otay Lakes Road STL291 Fourth Avenue Sidewalk Improvements STL295 Sidewalk Rehabilitation FY 04/05 STL296 Sidewalk Safety Program-Future Allocation STL297 ADA Curb Cuts FY 04-05 STL299 Third Ave. Sidewalks, D to 4th STL307 Sidewalk Installation/Rehabilitation STL308 North Fourth Avenue & Brisbane STL309 Fourth Ave Reconstruction - Btwn Davidson and SR54 STL310 Pavement Rehabilitation STL311 Castle Park District Formation STL901 Sidewalk Rehabilitation - Annual Allocation STL902 ADA Curb Cuts Annual Allocation STL999 Sidewalk Safety Program-Future Allocation Appropriated TOTALS FY05 AMENDED SPENDING PLAN FY05 PROPOSED BUDGET CHANGE -- --- --- --- --- ---- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- $4,634,000 $6,794,285 $2,160,285 $4,634,000 $6,794,285 $2,160,285 52 CAPITAL IMPROVEMENT BUDGET FUNDING SUMMARY BY PROJECT TYPE Ma'or Streets FY05 AMENDED FY05 SPENDING PROPOSED PLAN BUDGET CHANGE STM305 1-805/H Street Interchange Improvments. Phase I STM329 Palomar SUI-805 Interchange STM352 3rd Avenue Street Improvements - Orange to Main STM354 North Broadway Reconstruction STM354 North Broadway Reconstruction STM354 North Broadway Reconstruction STM355 Otay Lakes Road Widening, East H to Canyon Appropriated $4,593,167 $5,093,167 $500,000 TOTALS $4,593,167 $5,093,167 $500,000 Other Projects FY05 AMENDED FY05 SPENDING PROPOSED PLAN BUDGET CHANGE OP200 Survey Monument Study and Replacement Phase I OP200 Survey Monument Study and Replacement Phase I OP202 CIP Advanced Planning OP202 CIP Advanced Planning OP202 CIP Advanced Planning OP203 Property and Easement Studies Appropriated $56,730 $125,000 $68,270 TOTALS $56,730 $125,000 $68,270 Parks and Recreation FY05 AMENDED SPENDING PLAN FY05 PROPOSED BUDGET CHANGE PR228 Playground Equipment Renovation Citywide PR228 Playground Equipment Renovation Citywide PR255 Marquee Signs, Loma Verde Center and Otay Center Appropriated --- - - --- $363,000 $363,000 $0 $0 TOTALS $363,000 $363,000 53 CAPITAL IMPROVEMENT BUDGET FUNDING SUMMARY BY PROJECT TYPE Public Safet FY05 AMENDED SPENDING PLAN PS149 Police Facility Master Plan/Expansion Appropriated -- $0 $1,098,542 $1,098,542 TOTALS FY05 PROPOSED BUDGET CHANGE $0 $1,098,542 $1,098,542 Redevelo. ment FY05 AMENDED SPENDING PLAN FY05 PROPOSED BUDGET CHANGE RD242 Urban Core Specific Plan RD242 Urban Core Specific Plan RD244 Main Street Widening Appropriated ---- ---- -- $0 $850,000 $850,000 TOTALS $0 $850,000 $850,000 Sewer FY05 AMENDED SPENDING PLAN FY05 PROPOSED BUDGET CHANGE --- --- --- ---- --- - ---- ---- $300,000 $3,383,648 $3,083,648 SW226 Upgrade of Reach 205 - Poggi Canyon SW231 Sewer Rehabilitation FY 04/05, Phase 14 SW234 Sewer Improvements on Colorado btwn J & K SW235 Main St. Sewer Imp. Btwn Hilltop & Fresno SW236 Center St. Sewer Imp. Btwn Garrett & Fourth SW237 Eastlake Pkwy Pump Station De-commissioning SW238 G Street Pump Station Improvements SW999 Sewer Rehabilitation - Annual Aliocation Appropriated SW225 Woif Canyon Trunk Sewer Not Appropriated -- $6,458,504 $6,458,504 TOTALS $0 $6,758,504 $9,842,152 $3,083,648 54 CAPITAL IMPROVEMENT BUDGET FUNDING SUMMARY BY PROJECT TYPE Traffic FY05 AMENDED FY05 SPENDING PROPOSED PLAN BUDGET CHANGE TF263 Traffic Signal Interconnect TF264 Traffic Signal Safety Upgrade TF279 Install Internally Illuminated Street Name Signs TF279 Install Internally Illuminated Street Name Signs TF300 Traffic Signal Installation - Hilltop and Oxford TF307 Street Light Install. On Fourth Ave., L SI. to Orange Ave. TF310 Emergency Preemption at Sixteen Intersections TF311 Intersection Improvements - 1 st & H and 2nd & H TF314 Signal Installation - East Palomar and Medical Center Court TF315 Signal Installation - Fifth Ave. and Moss Street TF316 Signal Installation - Second Ave. and Quintard Street TF317 Intersection Improvements - Bonita & Allen Sch./5th & L TF318 Signai Installation· Fifth & Napies TF319 Signai Modification - Anita & Industrial TF320 Signal Installation - Greensgate & Greensview TF321 Citywide Traffic Count Program TF322 Signing & Striping on E. Palomar btwn Heritage and OP TF323 Upgrade Pedestrian Indications TF324 Traffic Signal Installation - Naples & Oleander TF325 Transportation Planning Program TF999 Street Light Installation - Various Streets Appropriated $978,266 $1,917,780 $939,514 TOTALS $978,266 $1,917,780 $939,514 TOTAL - APPROPRIA TED $22,775,551 $35,060,810 $12,285,259 TOTAL - NOT APPROPRIA TED $6,458,504 $6,458,504 $0 GRAND TOTAL - ALL PROJECTS $29,234,055 $41,519,314 $12,285,259 55 56 OTHER PROJECTS 57 58 Other Projects FUNDING SUMMARY BY PROJECT Non-CIP CDBG Projects FY 2005 ADOPTED Chula Vista Youth Services Network Affordable Housing Development Fair Housing Council of San Diego Dress For Success - Prof Women's Group Discretionary Funds CV National Little League CV Fastpitch Girls Softball League George G. Glenner Alzheimer's Center Community Development Fee Reduction Human Services Council Chula Vista Public Library Chula Vista Family Violence Chula Vista Coordinating Council CHDO Set-Aside CDBG Operating Boys & Girls Club - Oleander Boys & Girls Club - Lauderbach CV American Little League South Bay Community Services Office Rent Veteran Home Support Foundation Thursdays Meal Therapeutics Collaborative SWC Contracting Opportunities Center SWC Business Development Staff Administration First Time Homebuyer Program South Bay Senior Collaborative YMCA Kinship Program Sharp HealthCare Foundation SBCS Teen Center SBCS - Community Development Program Regional Task Force on the Homeless Misc Programs Lutheran Social Services - Caring Neighbor LSS - Community & Family Services South County EDC -- TOTAL $2,223.222 59 60 FUND BALANCE PROJECTIONS 61 62 ",,, ssm m",1II Eõ~ ¡ S; ::I w,,'" ".. ... o ~ 6" 6" Cõ 6'000 =13 '" o 0 0 0 co 0"'0 '" 8- ~ 00 0 ° '" 0..,.0 e III OM ó 0; cxi Il'irici .. o~ ... ~ ~ NN ° :!..t:::. 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C) ..J g I- 82 CITY COUNCIL AGENDA June 1,2004 4:00 p.m. Council Chambers Public Services Building 276 Fourth Avenue, Chula Vista ~~lt- ~ ~ --..:: ~ --..:: ~ ~ """'- ~ ..................................... CllY 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. Agendas are available on the City's web site at: www.chulavistaca.gov ********** AGENDA June 1, 2004 4:00 P.M. CALL TO ORDER ROLL CALL: Councilmembers Davis, McCann, Rindone, Salas, and Mayor Padilla PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . INTRODUCTION BY JACK GRIFFIN, DIRECTOR OF GENERAL SERVICES, OF THE EMPLOYEE OF THE MONTH, VICTOR MAGALLANES, SENIOR CUSTODIAN CONSENT CALENDAR (Items I through 14) The Council will enact the Consent Calendar staff recommendations 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. 1. APPROVAL OF MINUTES of May 4, May 11, and May 18, 2004. Staff recommendation: Council approve the minutes. 2. WRITTEN COMMUNICATIONS . Letter of resignation ftom Tris Hubbard, member of the Library Board of Trustees and the Inter Agency Water Task Force. Staff recommendation: Council accept the resignation and post the vacancy according to legal requirements. 3. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING SECTION 19.48.020 OF THE CHULA VISTA MUNICIPAL CODE, DELETING PARAGRAPH 'B' TO ELIMINATE THE REQUIREMENT FOR UNIFIED CONTROL OF PROPERTY WITHIN THE P-C ZONE (SECOND READING) Adoption of the ordinance approves the deletion of a provision ftom the Municipal Code that currently requires consent of property owners for amendments of sectional planning area plans within the P-C Zone. This ordinance was introduced on May 18, 2004. (Director of Planning and Building) Staff recommendation: Council adopt the ordinance. 4A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 2, 2004 FOR THE PURPOSE OF ELECTING A MEMBER OF THE CITY COUNCIL, AS REQUIRED BY THE PROVISIONS OF THE CHULA VISTA CHARTER AND THE LAWS OF THE STATE OF CALIFORNIA RELATING TO THE CONDUCT OF ELECTIONS B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO MATERIALS SUBMITTED TO THE ELECTORATE AND THE COSTS THEREOF FOR THE SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, NOVEMBER 2, 2004 The purpose of the November 2, 2004 Special Municipal Election is to select a Member of the City Council for a full term consisting of four years, commencing December 2004. In accordance with election law, it is necessary to give notice of the election and adopt regulations pertaining to materials prepared by candidates and the costs thereof. (City Clerk) Staff recommendation: Council adopt the resolutions. 5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $3,000 IN FISCAL YEAR 2004 FROM THE GENERAL FUND TO THE CITY CLERK'S DEPARTMENT AND AMENDING THE SPENDING PLAN BY ADDING $12,000 IN FISCAL YEAR 2005 FOR LOCAL LEGISLATION CONSULTANT SERVICES TO CORRECT CERTAIN ERRORS IN THE MUNICIPAL CODE (4/5THS VOTE REQUIRED) Adoption of the resolution appropriates funds for consulting services to research and prepare ordinances amending the Municipal Code to correct obsolete sections, referrals to obsolete regulations, and various scrivener's errors. (City Clerk) Staff recommendation: Council adopt the resolution. 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2004 LffiRARY DEPARTMENT BUDGET BY APPROPRIATING UNANTICIPATED GRANT REVENUE IN THE AMOUNT OF $2,500 FOR EXPENDITURES ASSOCIATED WITH MUSIC IN THE PARK CONCERT SERIES (4/5THS VOTE REQUIRED) The Office of Cultural Arts received a Community Enhancement Program grant award in the amount of $2,500 ftom the County of San Diego for the Music In The Park Concert Series to be held during Summer 2004. (Assistant City Manager Palmer) Staff recommendation: Council adopt the resolution. Page 2 - Council Agenda June 1,2004 7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $1,662,831 OF FUNDS FROM THE JOBS-HOUSING BALANCE INCENTIVE GRANT PROGRAM (JHBP) TO A NEW CAPITAL IMPROVEMENT PROJECT, STL-306, SOUTHWESTERN CHULA VISTA STREET IMPROVEMENT PROGRAM (4/5THS VOTE REQUIRED) On March 25, 2004, Council held a public workshop to discuss the utilization of funds the City is receiving as part of the Jobs-Housing Balance Incentive Grant Program. Council directed staff to develop a program to utilize the funds to construct missing street improvements in southwestern Chula Vista. Adoption of the resolution appropriates the funds and enables staff to commence work on establishing assessment districts to assist in the funding of missing street improvements. (Director of General Services, Director of Community Development) Staff recommendation: Council adopt the resolution. 8A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A BOUNDARY MAP SHOWING THE BOUNDARIES OF THE TERRITORY PROPOSED FOR INCLUSION IN PROPOSED COMMUNITY FACILITIES DISTRICT NO. ll-M (ROLLING HILLS RANCH)\ B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING ITS INTENTION TO ESTABLISH COMMUNITY FACILITIES DISTRICT NO. ll-M (ROLLING HILLS RANCH) AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX THEREIN TO FINANCE CERTAIN SERVICES C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING AND DIRECTING THE PREPARATION OF A COMMUNITY FACILITIES DISTRICT REPORT FOR PROPOSED COMMUNITY FACILITIES DISTRICT NO. ll-M (ROLLING HILLS RANCH) McMillin Rolling Hills Ranch has requested approval of the formation of Community Facilities District No. ll-M (CFD No. ll-M). The conditions of approval of the tentative map for Rolling Hills Ranch require that CFD No. ll-M be formed prior to issuance of the first production home building permit. The City has retained the services of MuniFinancial as special tax consultant and Best, Best and Krieger LLP as legal counsel to provide assistance during the proceedings. Adoption of the resolutions initiates the formal proceedings to establish the Community Facilities District. (Director of General Services, City Engineer) Staff recommendation: Council adopt the resolutions. 9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A FIRST AMENDMENT TO THE ACQUISITION/FINANCING AGREEMENT WITH OTAY PROJECT, LP COMMUNITY FACILITIES DISTRICT NO. 08-1 (OTA Y RANCH, VILLAGE 6) Page 3 - Council Agenda June 1,2004 n ------------------- On September 16, 2003, Council approved the acquisition/financing agreement for Community Facilities District 08-1, Otay Ranch Village 6. The agreement set forth the conditions and procedures for acquiring certain eligible public improvements within Otay Ranch Village 6 using special tax district bond proceeds. The proposed amendment allows any roadway that is eligible to be financed by the Transportation Development Impact Fee (TDIF) to also be financed with the bond proceeds ftom CFD 08-1. (Director of General Services, City Engineer) Staff recommendation: Council adopt the resolution. 10. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT FOR EASTLAKE III WOODS AND VISTAS On April 15, 2003, the City approved the Grant of Easements and Maintenance Agreement for Eastlake III Woods and Vistas, establishing specific obligations and responsibilities for the maintenance of certain public improvements by the Eastlake Company, LLC and/or their successor(s) in interest. Recently, Eastlake requested that the City amend the agreement in order to add the maintenance of certain public improvements and facilities located within the right-of-way of Woods Drive. (Director of General Services, City Engineer) Staffrecommendation: Council adopt the resolution. 11. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE INTERIM DESILTATION AND MAINTENANCE AGREEMENT (EASTERN URBAN CENTER INTERIM GRADING) BETWEEN THE CITY AND MCMILLIN OT A Y RANCH, LLC A condition of the previously-approved tentative map for McMillin Otay Ranch's Freeway Commercial South Planning Area 12, requires that the developer enter into an agreement with the City to provide for the maintenance of a culvert crossing SR-125 and the associated grading needed to convey Eastern Urban Center storm flows. (Director of General Services, City Engineer) Staffrecommendation: Council adopt the resolution. 12. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2003/2004 BUDGET BY APPROPRIATING $145,000 IN METROPOLITAN TRANSIT SYSTEMS TRANSPORTATION DEVELOPMENT ACT FUNDS TO THE CHULA VISTA TRANSIT (CVT) BUDGET (4/5THS VOTE REQUIRED) In order to use all Transportation Development Act (TDA) funds allocated to the City for Fiscal Year 2003/2004 by Metropolitan Transit Systems (MTS) for the operation of Chula Vista Transit (CVT), an appropriation of $145,000 ftom the CVT Transit Fund to the City's Transit budget is needed. (Director of Public Works Operations) Staff recommendation: Council adopt the resolution. Page 4 - Council Agenda June 1, 2004 13. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CONSERVATION AND ENVIRONMENTAL SERVICES DIVISION TO PURCHASE TWO ULTRA-LOW EMISSION (HYBRID) VEHICLES; REQUESTING APPROVAL TO TRANSFER $25,000 FROM THE SUPPLIES AND SERVICES BUDGET CATEGORY TO THE CAPITAL BUDGET CATEGORY WITHIN THE ADMINISTRATION DEPARTMENT FOR THE PURCHASE OF ONE VEIDCLE, AND APPROPRIATING $23,000 FROM THE EQUIPMENT REPLACEMENT FUND FOR THE PURCHASE OF THE SECOND VEIDCLE (4/5THS VOTE REQUIRED) The Conservation and Environmental Services Department was required to return two electric to the Ford Motor Company since it ended its electric vehicle program. The vehicles were used to transport conservation program supplies to various facilities, to provide education for conservation and environmental programs, to develop commercial recycling programs, and provide support services to over 35 used oil and filter drop-off locations. (Director of Conservation and Environmental Services) Staff recommendation: Council adopt the resolution. 14. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND ECONOMICS RESEARCH ASSOCIATES FOR FINANCIAL CONSULTING SERVICES FOR THE CITY'S GENERAL PLAN UPDATE In January 2003, the Council approved an agreement with Economics Research Associates to prepare a fiscal impact analysis in support of the City's General Plan update. In the course of evaluating the General Plan alternatives, staff determined that three additional aspects of financial analysis are needed that were not included in the original scope of work. The proposed amendment authorizes additional work in the amount of $66,000. (Director of Planning and Building) Staff recommendation: Council adopt the resolution. ORAL COMMUNICATIONS Persons speaking during Oral Communications may address the Council on any subject matter within the Council's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council from taking action on any issue not included on the agenda, but, if appropriate, the Council may schedule the topic for fUture discussion or refer the matter to staff. Comments are limited to three minutes. Page 5 - Council Agenda June 1,2004 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. 15. CONSIDERATION OF ADOPTION OF A SPECIFIC PLAN (PCM-02-10) FOR THE AUTO PARK EAST EXPANSION (Continued ftom May 18, 2004) Adoption of the resolution and ordinance approves the Auto Park East Specific Plan, implementing the easterly expansion of the existing Chula Vista Auto Park on Main Street. The specific plan allows for the future development of auto dealerships and supporting uses on approximately 31 acres on the south side of Main Street, east of the existing auto park. (Director of Community Development) Staff recommendation: Council conduct the public hearing, adopt the following resolution, and place the following ordinance on first reading: A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM (IS-02-0l0) FOR THE AUTO PARK EAST SPECIFIC PLAN (PCM-02-1O) (FRED BORST, BORST FAMILY TRUST, AND FASKLAND) B. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A SPECIFIC PLAN (PCM-02-l0) FOR THE AUTO PARK EAST EXPANSION (FRED BORST, BORST FAMILY TRUST, AND FASKLAND) 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. 16. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE RENAMING OF THE BAYSHORE BIKEWAY SWEETWATER RIVER BRIDGE TO "THE GORDY SHIELDS BA YSHORE BIKEWAY BRIDGE" Nestled under Interstate 5 and State Route 54 fteeways and above the Sweetwater Marsh National Wildlife Refuge is the Bayshore Bikeway Sweetwater River Bridge. The Bridge is the latest addition to the 26-mile Bayshore Bikeway and San Diego's 1,000- mile bicycle network that was built exclusively for bicyclists and pedestrians. To commemorate this milestone and to pay tribute to one of the most dynamic members of the bicycling community, the City of Chula Vista would like to rename the Bayshore Bikeway Sweetwater River Bridge to "The Gordy Shields Bridge." (Director of General Services, City Engineer) Staff recommendation: Council adopt the resolution. Page 6 - Council Agenda June 1,2004 17. CONSIDERATION OF APPROVAL OF A PLAN OF FINANCING IN CONNECTION WITH REFUNDING BONDS TO BE ISSUED FOR THE BENEFIT OF SAN DIEGO GAS & ELECTRIC COMPANY On March 23, 2004 the Council authorized the issuance and sale of not-to-exceed $686,400,000 aggregate principal amount of industrial development refunding revenue bonds of the City of Chula Vista and the City of San Diego to finance certain costs of certain gas and electric facilities for SDG&E. Since then, SDG&E has determined that extending the maturity of these bonds would be fiscally prudent and would result in additional benefÍt of SDG&E and its ratepayers. (Director of Finance) Staff recommendation: Council adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A PLAN OF FINANCING IN CONNECTION WITH REFUNDING BONDS TO BE ISSUED FOR THE BENEFIT OF SAN DIEGO GAS & ELECTRIC COMPANY FOR PURPOSES OF SECTION l313(A)(3)(A) OF THE TAX REFORM ACT OF 1986 AND SECTION l47(F) OF THE INTERNAL REVENUE CODE OF 1986 18. PRESENTATION OF THE FINAL IMAGE CAMPAIGN POSITIONING REPORT In May 2003, as part of the City's image enhancement efforts, The Right Question, LLC was contracted to help the City develop a messaging and strategic platform for a marketing campaign. This effort included developing a discussion guide, and conducting 27 one-on-one and 2 group interviews resulting in a total of 40 respondents. The respondents were comprised of both City employees and non-City employees. The Final Positioning Report, prepared by The Right Question LLC, includes an analysis of the information collected, and recommendations for a comprehensive marketing program. (Director of Community Development) Staff recommendation: Council accept the report and direct staff to return with an implementation plan. ITEMS PULLED FROM THE CONSENT CALENDAR OTHER BUSINESS 19. CITY MANAGER'S REPORTS 20. MAYOR'S REPORTS 21. COUNCIL COMMENTS ADJOURNMENT to an Adjourned Regular Meeting immediately following this meeting in the Council Chambers, thence to an Adjourned Regular Meeting on June 2, 2004, at 4:00 p.m. at the John Lippitt Public Works Center, thence to the Regular Meeting of June 8, 2004, at 6:00 p.m. in the Council Chambers, and thence to an Adjourned Regular Meeting on June 9, 2004, at 6:00 p.m. at the John Lippitt Public Works Center. Page 7 - Council Agenda June 1,2004 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA May 4,2004 4:00P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 4:07 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Davis, McCann, Salas, Rindone, and Mayor Padilla ABSENT: Councilmembers: None ALSO PRESENT: City Manager Rowlands, Assistant City Manager Krempl, City Attorney Moore, Deputy City Attorney Hull, and Assistant City Clerk Norris PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE Mayor Padilla recognized the 4th, 5th, and 6th grade students and teacher Victor Arizpe, representing Chula Vista Hillls Elementary School, who attended the meeting. SPECIAL ORDERS OF THE DAY . INTRODUCTION BY MAYOR PADILLA OF NATALIE FLORES, EXECUTIVE SECRETARY TO THE MAYOR AND COUNCIL Mayor Padilla introduced Natalie Flores and welcomed her to the Cíty. . INTRODUCTION BY MARIA KACHADOORIAN, DIRECTOR OF FINANCE, OF THE EMPLOYEE OF THE MONTH, ROBERT TOMS, ACCOUNTANT Finance Director Kachadoorian introduced Mr. Toms. Mayor Padilla read the proclamation, and Deputy Mayor Salas presented it to Mr. Toms. . PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO POLICE CHIEF, RICHARD EMERSON, PROCLAIMING MAY 5, 2004 AS PEACE OFFICERS'MEMORIAL DAY IN THE CITY OF CHULA VISTA Police Chief Emerson stated that 77 officers who lost their lives in the line of duty would be recognized at the memorial service in Balboa Park on May 5th, and he invited all to attend. Mayor Padilla read the proclamation, and Deputy Mayor Salas presented it to the Chief. . PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO DR. WILMA WOOTEN, DEPUTY HEALTH OFFICER, SAN DIEGO COUNTY PUBLIC HEALTH SERVICES, PROCLAIMING THE WEEK OF MAY 9 THROUGH MAY 15, 2004 AS NATI°1:'lAL WOMEN'S HEALTH WEEK Mayor Padilla read the proclamation, and Deputy Mayor Salas presented it to Dr. Wooten. I SPECIAL ORDERS OF THE DAY (Continued) . PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO EXALTED RULER, GEORGE BASYE AND YOUTH ACTIVITIES CHAIRMAN, GARRY HUMMEL, OF ELKS LODGE NO. 2011, PROCLAIMING THE WEEK OF MAY 2 THROUGH MAY 8, 2004 AS YOUTH WEEK Mayor Padilla read the proclamation, and Deputy Mayor Salas presented it to Messrs. Basye and Hummel. CONSENT CALENDAR (Items 1 through 6) Mayor Padilla noted that Item 6 would be continued to a future date at the request of staff. Councilmember Rindone asked staff to clarify the $190 technical report fee when the item is presented. 1. WRITTEN COMMUNICATIONS A. Letter of resignation ftom Ricardo Gibert, member of the Board of Ethics. Staff recommendation: Council accept the resignation and direct the City Clerk to post the vacancy in accordance with the Maddy Act. 2. RESOLUTION NO. 2004-139, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2004 LffiRARY DEPARTMENT BUDGET BY APPROPRIATING A ONE-TIME UNANTICIPATED GRANT REVENUE IN THE AMOUNT OF $12,000 FOR THE EVEN START F AMIL Y LITERACY GRANT The Chula Vista Literacy Team recently received a one-time augmentation to the Even Start Family Literacy grant in the amount of $12,000 for Fiscal Year 2004. (Assistant City Manager Palmer) Staff recommendation: Council adopt the resolution. 3. RESOLUTION NO. 2004-140, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (CALPERS) RESOLUTION, AUTHORIZING THE MAYOR TO EXECUTE THE APPLICATION AND AGREEMENT WITH THE CALPERS BOARD TO PROVIDE COVERAGE UNDER THE CALIFORNIA STATE SOCIAL SECURITY AGREEMENT OF MARCH 9,1951, EXTENDING MEDICARE-ONLY COVERAGE EFFECTIVE OCTOBER 1, 2004, TO THOSE MISCELLANEOUS EMPLOYEES WHO ELECTED COVERAGE AS A RESULT OF THE DIVISION OF A RETIREMENT SYSTEM, AND DESIGNATING THE DIRECTOR OF HUMAN RESOURCES AS THE CITY'S AUTHORIZED AGENT IN THESE MATTERS Page 2 - Council Minutes May 4,2004 CONSENT CALENDAR (Continued) In August 2003, the Council authorized staff to take the actions needed to provide Medicare-Only coverage to those eligible employees hired prior to April 1, 1986. The subject application and agreement are the next step in the process. (Director of Human Resources) Staff recommendation: Council adopt the resolution. 4A. RESOLUTION NO. 2004-141, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CHANGE ORDER NO.4 FOR THE HILLTOP PARK REHABILITATION PROJECT (PR-232) IN THE AMOUNT OF $17,070 AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS OPERATIONS TO EXECUTE SAID CHANGE ORDER ON BEHALF OF THE CITY B. RESOLUTION NO. 2004-142, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A BUDGET TRANSFER IN THE AMOUNT OF $132,720 FROM THE CIVIC CENTER HV AC EQUIPMENT UPGRADES CAPITAL IMPROVEMENT PROJECT (GG-166) TO THE HILLTOP PARK REHABILITATION PROJECT (PR-232) FOR UNANTICIPATED ADDITIONAL SCOPE OF WORK, STAFF TIME EXPENSES INCURRED PRIOR TO AND DURING CONSTRUCTION OF THE PROJECT AND GEO- TECHNICAL INSPECTION SERVICES AS NECESSARY TO COMPLETE THE PROJECT According to City Council Policy No. 574-01, proposed change order 4 exceeds the cumulative contract change order aggregate amount allowable to be approved by the Director of Public Works. Change order 4 is for additional work necessary to complete the project, as well as for staff time expenses incurred prior to and during construction of the project and geo-technical inspection services. (Director of General Services) Staff recommendation: Council adopt the resolutions. SA. RESOLUTION NO. 2004-143, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL MAP OF CHULA VISTA TRACT NO. 04-01, THE SUMMIT AT EASTLAKE; APPROVING THE ASSOCIATED SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF THE IMPROVEMENTS; AND APPROVING A SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT 04-01 B. RESOLUTION NO. 2004-144, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT FOR CHULA VISTA TRACT 04-01, THE SUMMIT AT EASTLAKE On January 13, 2004, the Council approved a tentative subdivision map for The Summit at EastLake. Adoption of the resolution approves the final map, its associated subdivision and supplemental subdivision improvement agreements, a grant of easements and a maintenance agreement. (Director of General Services, City Engineer) Staff recommendation: Council adopt the resolutions. Page 3 - Council Minutes May 4,2004 CONSENT CALENDAR (Continued) 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CHANGES TO THE MASTER FEE SCHEDULE Several departments are recommending changes to the master fee schedule to update flat fees. These departments include the Nature Center, Police, Fire, Recreation, and Planning and Building. The proposed changes include both amendments to existing fees and the implementation of new fees. (Assistant Director of Budget and Analysis) Staff recommendation: Continue the item to a future meeting. ACTION: Councilmember Rindone moved to . approve staffs recommendations, including continuing Item 6 to a future meeting, and offered Consent Calendar Items 1 through 5, headings read, texts waived. The motion carried 5-0. ORAL COMMUNICATIONS Glenda de Vaney invited the community to attend the historic home tour on Saturday, May 8t\ and encouraged Councilmembers to become celebrity tour docents. PUBLIC HEARINGS 7. CONSIDERATION OF APPROVAL OF THE CONSOLIDATED ANNUAL PLAN FOR FISCAL YEAR 2004/2005 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), HOME INVESTMENT PARTNERSHIP (HOME), AMERICAN DREAM DOWN PAYMENT (ADD!), AND THE EMERGENCY SHELTER GRANT (ESG) PROGRAMS; AUTHORIZATION OF TRANSMITTAL OF THE CONSOLIDATED ANNUAL PLAN TO THE u.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD); AND INSTRUCTION TO STAFF TO INCLUDE APPROPRIATIONS TO FUND THE CONSOLIDATED ANNUAL PLAN IN THE FISCAL YEAR 2004/2005 PROPOSED BUDGET The Consolidated Annual Plan identifies a strategy for addressing the needs of the community through the use of CDBG, HOME, ADDI, and ESG funds. These needs include allocating funds for administration and planning, capital improvements, community projects, economic development, public services, affordable housing, single- family rehabilitation, and first-time homebuyer programs. The Council held a public hearing on April 6, 2004 to review and receive public comment on projects and programs being considered for CDBG, HOME, ADDI, and ESG funding. (Director of Community Development) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Padilla opened the public hearing. Page 4 - Council Minutes May 4, 2004 PUBLIC HEARINGS (Continued) Ed Lopez, representing the South County Economic Development Council, spoke regarding the Small Business Lending Program. ACTION: Councilmember Rindone moved to continue the hearing to May 11, 2004 at the request of staff. Councilmember Davis seconded the motion, and it carried 5-0. 8. CONSIDERATION OF APPROVAL OF AN AMENDMENT TO THE EASTLAKE III PLANNED COMMUNITY LAND USE DISTRICT REGULATIONS AND MAP TO CHANGE 19.48 ACRES FROM RS-2 TO RS-lA, WITHIN A PORTION OF THE VISTAS RESIDENTIAL 6 NEIGHBORHOOD (PCM 04-12) (APPLICANT: CORNERSTONE, GDCI CHULA VISTA, LP) Cornerstone, GDCI Chula Vista, LP, submitted an application to amend the EastLake III planned community district regulations and land use district map to change the land use designation within a portion of the Vistas Residential 6 neighborhood ftom RS-2, Residential Single Family (5,000 square foot lots) to RS-1A, Residential Single Family (5,000-6,000 square foot lots). (Director of Planning and Building) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Padilla opened the public hearing. Associate Planner Donn presented the proposed amendments to the Eastlake III Project. With no members of the public wishing to speak, Mayor Padilla closed the hearing. ACTION: Councilmember McCann offered the following ordinance for first reading, heading read, text waived: ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE EASTLAKE III PLANNED COMMUNITY DISTRICT REGULATIONS AND LAND USE DISTRICTS MAP, TO CHANGE 19.48 ACRES SOUTH OF OLD JANAL ROAD AND WEST OF LAKE CREST DRIVE FROM RS-2 TO RS-1A WITHIN THE VISTAS RESIDENTIAL 6 NEIGHBORHOOD The motion carried 5-0. ACTION ITEMS 9. CONSIDERATION OF APPROVAL OF REVISIONS TO THE ENVIRONMENTAL REVIEW PROCEDURES OF THE CITY OF CHULA VISTA Adoption of the resolution approves revisions to the City's environmental review procedures that would streamline and standardize the public review period for environmental documents, achieve greater long-term consistency with CEQA guidelines, and eliminate an inefficient use of resources. (Director of Planning and Building) Page 5 - Council Minutes May 4, 2004 ------ ----~--------~--"""--- - ACTION ITEMS (Continued) Planning and Building Director Sandoval explained that a consultant firm reviewed the City's environmental review process. Staff reviewed the firm's suggestions and believed that the proposed changes would provide more efficiency to the process but would not minimize the opportunity for public input. Environmental Projects Manager Hellman presented the proposed revisions that would standardize and streamline the public review process, result in a clearer, more accurate written record, eliminate an inefficient use of resources, retain ample opportunities for public comment, and not preclude decision-makers ftom soliciting public input in advance of the final hearing. He added that the Planning Commission unanimously approved the proposed recommendations, while the Resource Conservation Commission unanimously opposed them. Deputy Mayor Salas asked the timeline to complete the guidelines in their entirety and if future modifications would impact the currently proposed changes. Environmental Review Coordinator Ponseggi replied that the intent of the revisions proposed at this time was to address the most inefficient or out-of-date guidelines, and the completed guidelines are expected to be brought to the Council in late summer or fall 2004. Mayor Padilla summarized differences between the current and proposed procedures with regard to receiving public comments. He stated that with the proposed procedures, the only opportunity for public oral or written comment to be placed on the record with regard to a draft environmental impact report (EIR) would come during the comment period, and this would apply only to members of the public who had sufficient knowledge of the process. Ms. Ponseggi responded that a notice of availability of an EIR is sent to all property owners within 500 feet of a project, and the notice solicits written comments. In some circumstances, a notice is also published in the local newspaper. Mayor Padilla asked if there would be an opportunity for oral comment other than at the Council's final certification and project adoption public hearing. Ms. Ponseggi replied that there would be the opportunity for oral comment when the document comes before the Planning Commission for a recommendation. Mayor Padilla commented that not all projects fall under the Planning Commission's jurisdiction. In those instances, there would be a single opportunity, when the Council considers not only certifying the EIR but also approving the project, for the public to comment orally, and then their comments would not be responded to in the final draft EIR unless a new policy were adopted that would require a public hearing at the close ofthe public comment period. Laura Hunter, representing the Environmental Health Coalition, expressed concern about losing public meetings on important projects and stated that hearings should be held during the public comment period to enable the public to learn more about a project. She asked the Council to refer the matter back to the Planning Commission for further study. Page 6 - Council Minutes May 4, 2004 ACTION ITEMS (Continued) Gabriel Solmer, representing San Diego Baykeeper, urged the Council not to reduce opportunities for public involvement in the process. She asked about EIR's that are currently in progress and how they would be affected by procedural changes anticipated later in the summer. Ms. Ponseggi responded that the new guidelines would go into effect immediately but added that there are currently no EIR documents under public review. Theresa Acerro stated that opportunities for public comment should not be eliminated and that draft EIR's should be reviewed by both the Resource Conservation and Planning Commissions, prior to the public process. She recommended that the proposed revisions be returned to the respective commissions for reconsideration. Teresa Thomas, representing the Resource Conservation Commission, asked the Council to welcome open, public input in the process. She stated that the Commission voted in opposition because neither the adopted nor proposed procedures require the Commission to make recommendations on all draft EIR's, and the proposed procedures eliminate the opportunity for public comment. John Chavez stated that public input into the draft EIR is the most important step in the process. It is the only time when a public hearing is held, and the hearing enables the public to propose alternate projects. He expressed concern that eliminating public input would damage the public trust in the process. Gus Chavez, representing South Bay Forum, commented that the current proposal severely limits public input and participation with regard to significant projects and the environment. He urged the Council not to eliminate the public hearing on the draft EIR, especially on larger and more important project, and to reject the current proposal. Lupita Jiminez, representing South Bay Greens, opposed the suggested revisions, stating that South Bay Greens is particularly opposed to the elimination of public input and hearings during the early stages of a draft EIR. She also believed that a process requiring citizen input to be in writing would not be citizen-ftiendly. Additionally, the elimination of an appeals process would make the procedure inflexible and unalterable. She asked the Council to continue the item or refer it back to the Planning Commission. JoAnne Springer stated that procedures should be consistent across the board. She believed the proposed streamlining process would create public suspicion, and she urged the Council to abandon its further consideration. Pamela Bensoussan, representing the Resource Conservation Commission, opposed the proposed revisions, stating that the changes would limit early and timely citizen input. She expressed the need to maintain open public dialogue. Mayor Padilla stated that the City needs a policy that allows oral comment during the public comment period on EIR's. He said he could not support the proposed policy and suggested that the matter be referred back to staff to work with community groups to develop an appropriate policy. Page 7 . Council Minutes May 4,2004 ACTION ITEMS (Continued) Planning and Building Director Sandoval commented that if there were the flexibility to hold a Planning Commission hearing during the 45-day public review period, the process would not be further delayed and would provide for full public participation. Deputy Mayor Salas stated that she could not support the proposed recommendations. She expressed the need for public participation and believed that moving forward with the proposal would send the wrong message to the community. Additionally, she stated she could not support the plan, since further clarification of the environmental review procedures is anticipated in late summer, and she preferred to approve the procedures as a whole. Councilmember Rindone stated that the City encourages open, public participation, and he recommended that the proposal be referred back to the Planning Commission for review. Councilmember McCann spoke in support of a streamlined process that would also protect public input. Councilmember Davis spoke in support of continued public input in a manner that will obtain the maximum input in a timely fashion. She suggested that the guidelines be referred back to staffto review the public hearing process. ACTION: Mayor Padilla moved to refer the proposed guidelines back to staff and the Planning Commission to work with interested community groups and propose revisions to the procedures that are consistent with CEQA requirements. Councilmember Rindone seconded the motion, and it carried 5-0. OTHER BUSINESS 10. CITY MANAGER'S REPORTS City Manager Rowlands asked the Council to consider changing the time of the May 11, 2004 meeting ftom 6:00 p.m. to 6:30 p.m. ACTION: Mayor Padilla moved to change the time of the May 11 meeting ftom 6:00 to 6:30 p.m. Deputy Mayor Salas seconded the motion, and it carried 5-0. 11. MAYOR'S REPORTS . Request to direct staff to come back with a proposal to publicly recognize Billy Casper for significant achievements. This item was continued to a future meeting pending receipt of additional information. 12. COUNCIL COMMENTS All Councilmembers commended the Downtown Business Association on its successful Cinco de Mayo event. Councilmember McCann also commented on the successful grand opening and tours of the new police facility. Page 8 - Council Minutes May 4,2004 CLOSED SESSION 13. 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) Agency negotiators: David Rowlands, Jr., Sid Morris, David Huard Negotiating Parties: City of Chula Vista and San Diego Gas & Electric (various representatives) Under Negotiation: Price and terms offtanchise conveyance No reportable action was taken on this item. 14. CONFERENCE WITH .LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) . Application of SDG&E for Authority to Update its Gas and Electric Revenue Requirement and Base Rates (Doc. Nos. A-02-l2-27, A-02-l2-028, and I 03-03- 016) No reportable action was taken on this item. 15. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) . One case This item was not discussed, and no action was taken. AD J 0 URNME NT At 7:40 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting of May 11, 2004, at 6:30 p.m. in the Council Chambers. J~JÝo~ Donna Norris, Assistant City Clerk Page 9 - Council Minutes May4,2004 -,-----,-,- MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA May 11, 2004 7:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 7:05 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Salas, Rindone, and Mayor Padilla ABSENT: Councilmembers: Davis, McCann ALSO PRESENT: City Manager Rowlands, City Attorney Moore, and City Clerk Bigelow Mayor Padilla asked the City Clerk to schedule requests for excused absences for Councilmembers Davis and McCann on the May 18, 2004 agenda. PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO DAVE BYERS, DIRECTOR OF PUBLIC WORKS OPERATIONS, AND JACK GRIFFIN, DIRECTOR OF GENERAL SERVICES, PROCLAIMING THE WEEK OF MAY 16 THROUGH MAY 22 AS PUBLIC WORKS WEEK Mayor Padilla read the proclamation, and Deputy Mayor Salas presented it to Messrs. Byers and Griffin. . PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO GERI PAGE, PRESIDENT OF THE CHULA VISTA CITIZEN'S CLUB, PROCLAIMING THE MONTH OF MAY AS OLDER AMERICAN'S MONTH Mayor Padilla read the proclamation, and Deputy Mayor Salas presented it to Ms. Page, who then invited the Council and public to attend the Norman Park Senior Center open house on May 22, 2004, 10:00 a.m. to 1 :00 p.m.; and the "Older Senior Citizens Birthday Month" event on May 27,2004, at 1:00 p.m. . PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO VANESSA PRESTON, ON BEHALF OF GERRIE PRESTON, DECLARING MAY AS ALS AWARENESS MONTH This item was continued to May 18, 2004. J CONSENT CALENDAR (Items 1 through 4) 1. RESOLUTION NO. 2004-145, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING TIME LIMITED PARKING ON EAST PALOMAR STREET, BETWEEN MONARCHE DRIVE/SANTA RITA AND MONARCHE DRIVE/SANTA ANDREA STREET Adoption of the resolution approves twenty-minute and one-hour time-limited parking on the south side of East Palomar Street, from Monarche Drive/Santa Rita to Monarche Drive/Santa Andrea Street, to serve the parking needs of the mixed-use development in the area. (Director of General Services, City Engineer) Staffrecommendation: Council adopt the resolution. 2A. RESOLUTION NO. 2004-146, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL MAP OF CHULA VISTA TRACT NO. 01-11, OTAY RANCH VILLAGE 11, NEIGHBORHOOD R-5, THE ASSOCIATED SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS, AND A SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 01-11, OTAY RANCH VILLAGE 11, NEIGHBORHOOD R-5 B. RESOLUTION NO. 2004-147, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT FOR CHULA VISTA TRACT 01-11, OTAY RANCH VILLAGE 11, NEIGHBORHOOD R-5 On October 23,2001, the Council approved a tentative subdivision map for Otay Ranch Village 11. Adoption of the resolutions approves the final "B" map, its associated subdivision and supplemental subdivision improvement agreements, and a grant of easements and maintenance agreement. (Director of General Services, City Engineer) Staff recommendation: Council adopt the resolutions. 3A. RESOLUTION NO. 2004-148, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL MAP OF CHULA VISTA TRACT NO. 01-11, OTAY RANCH VILLAGE 11, NEIGHBORHOOD R-6, THE ASSOCIATED SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS, AND A SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 01-11, OTAY RANCH VILLAGE 11, NEIGHBORHOOD R-6 B. RESOLUTION NO. 2004-149, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT FOR CHULA VISTA TRACT NO. 01-11, OTAY RANCH VILLAGE 11, NEIGHBORHOOD R-6 Page 2 - Council Minutes May 11, 2004 CONSENT CALENDAR (Continued) On October 23, 2001, Council approved a tentative subdivision map for Otay Ranch Village 11. Adoption of the resolutions approves the final "B" map, its associated subdivision and supplemental subdivision improvement agreements, a grant of easements and maintenance agreement. (Director of General Services, City Engineer) Staff recommendation: Council adopt the resolutions. 4. RESOLUTION NO. 2004-150, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE APPLICATION FOR USED OIL RECYCLING BLOCK GRANT (UBG 10-04) FROM THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD, AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS IN CONJUNCTION WITH ADMINISTERING THE GRANT The California Used Oil Enhancement Act requires the collection of four cents for every quart of lubricating oil sold, transferred and imported into California ftom oil manufacturers. The act mandates that the California Integrated Waste Management Board use a portion of those funds to provide block grants to local govemments for used oil programs that encourage used oil and oil filter recycling. Adoption of the resolution approves the application for the grant. (Director of Conservation and Environmental Services) Staff recommendation: Council adopt the resolution. ACTION: Councilmember Rindone moved to approve staff's recommendations and offered the Consent Calendar, headings read, texts waived. The motion carried 3-0. ORAL COMMUNICATIONS Chula Vista Youth Advisory Commissioners Christian Longo, Eddie Herrera and Danielle Yamsuan reported on drug and alcohol issues in local high schools and on matters regarding traffic accidents during peak hours. PUBLIC HEARINGS 5. CONSIDERATION OF APPROVAL OF THE CONSOLIDATED ANNUAL PLAN FOR FISCAL YEAR 2004/2005 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), HOME INVESTMENT PARTNERSHIP (HOME), AMERICAN DREAM DOWN PAYMENT (ADDI), AND THE EMERGENCY SHELTER GRANT (ESG) PROGRAMS; AUTHORIZING TRANSMITTAL OF THE CONSOLIDATED ANNUAL PLAN TO THE u.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD); AND INSTRUCTING STAFF TO INCLUDE APPROPRIATIONS TO FUND THE CONSOLIDATED ANNUAL PLAN IN THE FISCAL YEAR 2004/2005 PROPOSED BUDGET (Continued ftom May 4, 2004) Page 3 - Council Minutes May 11, 2004 PUBLIC HEARINGS (Continued) The Consolidated Annual Plan identifies a strategy for addressing the needs of the community through the use of funds ftom these programs. These needs include allocating funds for administration and planning, capital improvements, community projects, economic development, public services, affordable housing, single-family rehabilitation, and first-time homebuyer programs. The Council held a public hearing on April 6, 2004 to review and receive public comment on projects and programs being considered for CDBG, HOME, ADDI, and ESG funding. (Director of Community Development) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Padilla noted that the hearing had been opened at the meeting of May 4, 2004. Senior Community Development Specialist Hines presented the Consolidated Annual Plan, including HUD entitlement funds, citizen participation, 38 projects/activities requesting CDBG funding, and recommended funding for HOME, ADDI and ESG grant programs. Councilmember Rindone suggested that the Thursdays Meals program be increased ftom $5,000 to $6,000. Lynda Carrington asked for support for Chula Vista's children with special needs and requested funding declined by Children's Hospital for equipment needs at Greg Rogers Elementary School. She submitted copies of letters dated May 11, 2004, including a list of the equipment needed by the school. Steve Arends, representing the Chula Vista Veterans Home Support Fund, thanked the Council and staff for continued support and requested approval of the $3,500 request to meet the increasing demands of the Veterans Home. Karolyn Kmet-Muran, representing Chula Vista National Little League, spoke about the fencing and dugout improvements the requested funding would provide for the organization. Kathie Lembo, representing Chula Vista Youth Services, thanked the Council for its proactive efforts with regard to the program. Edna Lyons, representing the YMCA Kinship Program, expressed appreciation for Council's continued support, which has enabled the program to increase its services. Ms. Lyons requested consideration of any additional funds that may become available for the program. With no further members of the public wishing to speak, Mayor Padilla closed the public hearing. Mayor Padilla asked about the request of Ms. Carrington for funds for equipment for children with special needs. City Manager Rowlands suggested that the matter be addressed as a capital request during the budget hearings in June 2004. Mayor Padilla recommended that the group work with the collaborative and also the school district to help address future needs. Page 4 - Council Minutes May 11, 2004 PUBLIC HEARINGS (Continued) Councilmember Rindone recommended that the Chula Vista Veterans Home Support Fund be increased from $3,000 to $3,500 and Thursdays Meals be increased from $5,000 to $6,000. Deputy Mayor Salas recommended increasing the Lutheran Social Services program ftom $6,500 to $8,000. ACTION: Councilmember Rindone moved to adopt Resolution No. 2004-151, heading read, text waived, and to amend allocations to increase Lutheran Social Services Community Family Services ftom $6,500 to $8,000, increase Thursdays Meal ftom $5,000 to $6,000, and increase the Veterans Home ftom $3,000 to $3,500; and direct staff to bring forward recommendations on the use of the remaining discretionary funds before the end of the funding cycle: RESOLUTION NO. 2004-151, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE CONSOLIDATED ANNUAL PLAN FOR FISCAL YEAR 2004/2005 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), HOME INVESTMENT PARTNERSHIP (HOME), AMERICAN DREAM DOWN PAYMENT INITIATIVE (ADDI), AND THE EMERGENCY SHELTER GRANT (ESG) PROGRAMS; AUTHORIZING TRANSMITTAL OF THE CONSOLIDATED ANNUAL PLAN TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD ); AND INSTRUCTING STAFF TO INCLUDE APPROPRIATIONS TO FUND THE CONSOLIDATED ANNUAL PLAN IN THE FISCAL YEAR 2004/2005 PROPOSED BUDGET Deputy Mayor Salas seconded the motion and it carried 3-0. 6. CONSIDERATION OF APPROVAL OF ACQUISITION OF CERTAIN FlGHTS-OF- WAY OVER A PORTION OF ASSESSOR'S PARCEL NUMBER 639-080-22 FOR CONSTRUCTION OF THE TELEGRAPH CANYON ROAD STREET WIDENING PROJECT (CY-l02) (Continued ftom April 27, 2004) (Director of General Services, City Engineer) ACTION: Deputy Mayor Salas moved to continue the hearing to a future date. Councilmember Rindone seconded the motion, and it carried 3-0. 7. CONSIDERATION OF APPROVAL OF AN AMENDMENT TO SECTION 19.48.020 OF THE CHULA VISTA MUNICIPAL CODE, ELIMINATING THE REQUIREMENT FOR UNIFIED CONTROL OF PROPERTY WITHIN THE P-C ZONE Adoption of the ordinance approves the deletion of a provision ftom the Municipal Code that currently requires consent of property owners for amendments to sectional planning area plans within the P-C Zone. (Director of Planning and Building) ACTION: Mayor Padilla moved to continue the hearing to May 18, 2004, as recommended by staff. Deputy Mayor Salas seconded the motion, and it carried 3-0. Page 5 - Council Minutes May 11, 2004 PUBLIC HEARINGS (Continued) 8. CONSIDERATION OF APPROVAL OF AN AMENDMENT TO THE OTAY RANCH GENERAL DEVELOPMENT PLAN TO ALLOW FOR THE SUBMITTAL OF SECTIONAL PLANNING AREA PLANS ON PROPERTIES COMPRISING OF LESS THAN THE WHOLE OF A VILLAGE Adoption of the resolution approves an amendment to existing provisions within the Otay Ranch General Development Plan to allow the submittal of an application for a sectional planning area plan if the applicant does not control the entirety of a village. (Director of Planning and Building) ACTION: Deputy Mayor Salas moved to continue the hearing to May 18, 2004, as recommended by staff. Councilmember Rindone seconded the motion, and it carried 3-0. OTHER BUSINESS 9. CITY MANAGER'S REPORTS There were none. 10. MAYOR'S REPORTS . Consideration of appointment of two City Council Members to the Urban Core Specific Plan Advisory Committee. ACTION: Deputy Mayor Salas moved to appoint Mayor Padilla and Councilmember Rindone to the Urban Core Specific Plan Advisory Committee. Mayor Padilla seconded the motion, and it carried 3-0. 11. COUNCIL COMMENTS . Deputy Mayor Salas: Consideration of the Council to take a position to oppose the Federal CLEAR Act. Deputy Mayor Salas requested that this item be continued to May 18, 2004. Councilmember Rindone reported on the Veterans Home's fourth annual barbecue and expressed pride about Chula Vista's significant service to veterans. Deputy Mayor Salas reported that the third annual Historic Home Tour was a spectacular event. She said that the homeowners generously opened their homes to the many visitors, and, to that end, she requested that the Council send a letter of thanks to the historic homeowners who participated. . Page 6 - Council Minutes May 11, 2004 CLOSED SESSION Closed Session was cancelled, and the following items were not discussed: 12. 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) Agency negotiators: David Rowlands, Jr., Sid Morris, David Huard Negotiating Parties: City of Chula Vista and San Diego Gas & Electric (various representatives) Under Negotiation: Price and terms of franchise conveyance 13. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) . Application of SDG&E for Authority to Update its Gas and Electric Revenue Requirement and Base Rates (Doc. Nos. A-02-12-27, A-02-l2-028, and I 03-03- 016) ADJOURNMENT At 8:06 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting of May 18, 2004, at 6:00 p.m. in the Council Chambers, and thence to an Adjourned Regular Meeting on May 19, 2004 at 6:00 p.m. in the Council Chambers. ~~~~ Susan Bigelow, CMC, Ity Clerk Page 7 - Council Minutes May 11, 2004 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA May 18,2004 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:01 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Davis, McCann, Salas, Rindone, and Mayor Padilla ABSENT: Councilmembers: None ALSO PRESENT: City Manager Rowlands, City Attorney Moore, and City Clerk Bigelow PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO VANESSA PRESTON, ON BEHALF OF GERRIE PRESTON, DECLARING MAY AS ALS AWARENESS MONTH Mayor Padilla read the proclamation, and Deputy Mayor Salas presented it to Ms. Preston. CONSENT CALENDAR (Items 1 through 12) 1. APPROVAL OF MINUTES of April 20 and April 27, 2004. Staff recommendation: Council approve the minutes. 2. WRITTEN CORRESPONDENCE A. Request ftom Councilmember Davis for an excused absence ftom the May 11, 2004 City Council Meeting. Staff recommendation: Council excuse the absence. B. Request from Councilmember McCann for an excused absence ftom the May 11, 2004 City Council Meeting. Staff recommendation: Council excuse the absence. / CONSENT CALENDAR (Continued) 3. ORDINANCE NO. 2963, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE EASTLAKE III PLANNED COMMUNITY DISTRICT REGULATIONS AND LAND USE DISTRICTS MAP, TO CHANGE 19.48 ACRES SOUTH OF OLD JANAL ROAD AND WEST OF LAKE CREST DRIVE FROM RS-2 TO RS-IA WITHIN THE VISTAS RESIDENTIAL 6 NEIGHBORHOOD (SECOND READING) The applicant, Cornerstone, GDCI Chula Vista, LP, has submitted an application to amend the EastLake III planned community district regulations and land use district map to change the land use designation within a portion of the Vistas Residential 6 neighborhood ftom RS-2, residential single family (5,000 square-foot lots) to RS-lA residential single family (5,000-6,000 square-foot lots). This ordinance was introduced May 4, 2004. (Director of Planning and Building) Staff recommendation: Council adopt the ordinance. 4. RESOLUTION NO. 2004-152, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DIRECTING REVIEW OF THE CITY OF CHULA VISTA CONFLICT OF INTEREST CODE The proposed resolution directs the City Attorney and City Clerk (1) to review the City's Conflict of Interest Code on behalf of all staff and designated commissions and boards to determine whether or not amendments are needed and (2) to submit a notice to the Council prior to October 1,2004, indicating either that amendments are required or that no amendments are necessary. (City Clerk, City Attorney) Staff recommendation: Council adopt the resolution. 5. RESOLUTION NO.2004-l53, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $100,000 FROM THE OFFICE OF EMERGENCY SERVICES, AMENDING THE FISCAL YEAR 200312004 BUDGET TO APPROPRIATE $100,000, WAIVING THE CONSULTANT SELECTION PROCESS AND APPROVING CONTRACTUAL AGREEMENT WITH SOUTH BAY COMMUNITY SERVICES TO PROVIDE SERVICES FOR DOMESTIC VIOLENCE CASES The Chula Vista Police Department and South Bay Community Services have been providing the Domestic Violence Response Team services for the past seven years. The proposed contract formally continues provision of those services, which include comprehensive assessments of children and families, immediate crisis intervention and follow-up services for the victim and children. (Chief of Police) Staff recommendation: Council adopt the resolution. 6. RESOLUTION NO. 2004-154, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE 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 Page 2 - Council Minutes May 18, 2004 CONSENT CALENDAR (Continued) McMillin Rolling Hills Ranch LLC has a two-unit obligation to provide affordable housing based upon the proposed development units within Neighborhood 7C. Approval of the agreement requires the developer to construct the units or utilize alternative development methods. (Director of Community Development) Staff recommendation: Council adopt the resolution. 7A. RESOLUTION NO. 2004-155, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL MAP OF CHULA VISTA TRACT NO. 03-13, ROLLING HILLS RANCH NEIGHBORHOOD 7C; APPROVING THE ASSOCIATED SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS; AND APPROVING A SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR ROLLING HILLS RANCH NEIGHBORHOOD 7C B. RESOLUTION NO. 2004-156, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT FOR ROLLING HILLS RANCH NEIGHBORHOOD 7C C. RESOLUTION NO. 2004-157, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE SUMMARY VACATION OF THE IRREVOCABLE OFFER OF DEDICATION OF LOT "A" FOR OPEN SPACE AND OTHER PUBLIC PURPOSES PER MAP NO. 14164 On August 26, 2003, the Council approved a tentative subdivision map for Rolling Hills Ranch neighborhood 7C. Adoption of the resolution approves the fmal "B" map, its associated subdivision and supplemental subdivision improvement agreements, and a grant of easements and maintenance agreement. (Director of General Services, City Engineer) Staff recommendation: Council adopt the resolutions. 8A. RESOLUTION NO. 2004-158, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL MAP OF CHULA VISTA TRACT NO. 01-11, OTAY RANCH VILLAGE 11, NEIGHBORHOOD R-3; APPROVING THE ASSOCIATED SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS; AND APPROVING A SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 01-11, OTAY RANCH VILLAGE 11, NEIGHBORHOOD R-3 B. RESOLUTION NO. 2004-159, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT FOR CHULA VISTA TRACT 01-11, OTAY RANCH VILLAGE 11, NEIGHBORHOOD R-3 Page 3 - Council Minutes May 18, 2004 CONSENT CALENDAR (Continued) On October 23, 2001, the Council approved a tentative subdivision map for Otay Ranch Village 11. Adoption of the resolutions approves the final "B" map, its associated subdivision and supplemental subdivision improvement agreements, and a grant of easements and maintenance agreement. (Director of General Services, City Engineer) Staff recommendation: Council adopt the resolutions. 9A. RESOLUTION NO. 2004-160, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL MAP OF CHULA VISTA TRACT NO. 01-11, OTAY RANCH VILLAGE 11, NEIGHBORHOOD R-10; APPROVING THE ASSOCIATED SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS; AND APPROVING A SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 01-11, OTAY RANCH VILLAGE 11, NEIGHBORHOOD R-lO B. RESOLUTION NO. 2004-161, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT FOR CHULA VISTA TRACT NO. 01-11, OTAY RANCH VILLAGE 11, NEIGHBORHOOD R-lO On October 23, 2001, the Council approved a tentative subdivision map for Otay Ranch Village 11. Adoption of the resolutions approves the final "B" map, its associated subdivision and supplemental subdivision improvement agreements, and a grant of easements and maintenance agreement that will allow the project to proceed. (Director of General Services, City Engineer) Staff recommendation: Council adopt the resolutions. 10. RESOLUTION NO. 2004-162, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING THE CITY-OWNED LAND ON THE NORTHWEST CORNER OF PALOMAR STREET AND TRENTON AVENUE (pORTION OF APN 617-071-09) AS "EXEMPT SURPLUS LAND," ACCEPTING THE OFFER TO PURCHASE, AUTHORIZING THE OPENING OF ESCROW AND EXECUTION OF ALL NECESSARY DOCUMENTS TO COMPLETE THE TRANSACTION As a part of the Palomar Street improvement project, the City acquired the property located at the northwest comer of Palomar Street and Trenton Avenue. In September 2003, the Council designated and set aside 3,849 square feet of the parcel as right-of-way for the project. Adoption of the resolution approves the sale of the remaining 4,824 square feet of surplus land, which is not needed by the City. (Director of General Services, City Engineer) Staff recommendation: Council adopt the resolution. Page 4 - Council Minutes May 18, 2004 CONSENT CALENDAR (Continued) 11. RESOLUTION NO. 2004-163, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING TRAFFIC SIGNAL FUNDS TO THE CENTRAL CONTROL AND TRAFFIC COMMUNICATION LINKS PROJECT (TF- 290) This project involves the installation of fiber optic interconnect lines under H Street from Fourth Avenue to Hidden Vista Drive and interconnect lines to numerous traffic signals along H Street. Adoption of the resolution appropriates $150,000 in additional traffic signal funds to cover unanticipated staff time demands for design and inspection activities. (Director of General Services, City Engineer) Staffrecommendation: Council adopt the resolution. 12. RESOLUTION NO. 2004-164, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE APPROPRIATION OF PARK ACQUISITION DEVELOPMENT (pAD) IMPACT FEE FUNDS IN THE AMOUNT OF $40,000 FOR THE DESIGN AND CONSTRUCTION OF A MODULAR SKATE FACILITY WITHIN HERITAGE PARK, AN EXISTING PUBLIC NEIGHBORHOOD PARK SITE WITHIN VILLAGE ONE OF THE OTAY RANCH MASTER-PLANNED DEVELOPMENT, AND AUTHORIZING STAFF TO EXPEND THESE FUNDS FOR THE HERITAGE PARK SKATE FACILITY CAPITAL IMPROVEMENT PROJECT (PR-259) The proposed concept provides an approved area for skateboarders, in-line skaters, roller skaters and scooter riders to practice at a novice skill level at Heritage Park. It is anticipated that by having this area available, there will be a significant decline in skateboard-related damage to the park furniture at Heritage Park. (Director of General Services) Staff recommendation: Council adopt the resolution. ACTION: Mayor Padilla moved to approve staffs recommendations and offered the Consent Calendar, headings read, texts waived. The motion carried 5-0. ORAL COMMUNICATIONS There were none. PUBLIC HEARINGS 13. CONSIDERATION OF APPROVAL OF AN AMENDMENT TO SECTION 19.48.020 OF THE CHULA VISTA MUNICIPAL CODE, ELIMINATING THE REQUIREMENT FOR UNIFIED CONTROL OF PROPERTY WITHIN THE P-C ZONE (Continued ftom May 11, 2004) Adoption of the ordinance approves the deletion of a provision ftom the Municipal Code that currently requires consent of property owners for amendments of sectional planning area plans within the P-C Zone. (Director of Planning and Building) Page 5 - Council Minutes May 18,2004 - --.-----..-.-.. -.-------- PUBLIC HEARINGS Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Padilla opened the public hearing. Special Planning Projects Manager Hare presented the proposed zone amendments, stating that the amendments would not alter any land use or provisions for providing notice to property owners and would not affect the outcome of any land use decision. With no members of the public wishing to speak, Mayor Padilla closed the public hearing. ACTION: Deputy Mayor Salas offered the following ordinance for first reading and Urgency Ordinance No. 2964-A for adoption, headings read, texts waived: ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING SECTION 19.48.020 OF THE CHULA VISTA MUNICIPAL CODE, DELETING PARAGRAPH 'B' TO ELIMINATE THE REQUIREMENT FOR UNIFIED CONTROL OF PROPERTY WITHIN THE P-C ZONE URGENCY ORDINANCE NO. 2964-A, URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING SECTION 19.48.020 OF THE CHULA VISTA MUNICIPAL CODE, DELETING PARAGRAPH 'B' TO ELIMINATE THE REQUIREMENT FOR UNIFIED CONTROL OF PROPERTY WITHIN THE P-C ZONE The motion carried 5-0. Councilmember Rindone asked that a letter ftom the Mayor's Office be sent to the school district indicating that the Council's action will assist the district in procuring a high school site. 14. CONSIDERATION OF APPROVAL OF AN AMENDMENT TO THE OTAYRANCH GENERAL DEVELOPMENT PLAN TO ALLOW FOR THE SUBMITTAL OF SECTIONAL PLANNING AREA PLANS ON PROPERTIES COMPRISING LESS THAN THE WHOLE OF A VILLAGE (Continued ftom May 11, 2004) Adoption of the resolution approves an amendment to existing provisions within the Otay Ranch general development plan to allow the submittal of an application for a sectional planning area plan if the applicant does not control the entirety of a village. (Director of Planning and Building) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Page 6 - Council Minutes May 18, 2004 PUBLIC HEARINGS (Continued) Mayor Padilla opened the public hearing. Special Planning Projects Manager Hare presented the proposed amendments and stated that there would be an obligation on the part of applicants to have conferred with and informed other property owners within the village of their intent to file an application. Mr. Hare added that there would be no changes to land use or outcome. Deputy Mayor Salas requested assurance that every applicant would be treated with fairness so as not to irnpede their ability to develop their property. There being no members of the public wishing to speak, Mayor Padilla closed the hearing. ACTION: Deputy Mayor Salas offered Resolution No. 2004-165, heading read, text waived: RESOLUTION NO. 2004-165, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING PART II, SECTION E.I OF THE OTAY RANCH GENERAL DEVELOPMENT PLAN TO ALLOW FOR THE SUBMITTAL OF SECTIONAL PLANNING AREA PLANS ON PROPERTIES COMPRISING LESS THAN THE WHOLE OF A VILLAGE The motion carried 5-0. 15. CONSIDERATION OF ADOPTION OF A SPECIFIC PLAN (pCM-02-l0) FOR THE AUTO PARK EAST EXPANSION Adoption of the resolution and ordinance approves the Auto Park East specific plan, implementing the easterly expansion of the existing Chula Vista Auto Park on Main Street. The specific plan allows for the future development of auto dealerships and supporting uses on approximately 31 acres on the south side of Main Street, east of the existing auto park. (Director of Community Development) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Padilla opened the public hearing. John Willett, representing the Otay Valley Regional Park Citizens Advisory Committee, spoke in support of the plan. He referenced two major multi-purpose trails proposed in the original concept plan for the Otay Valley Regional Park and requested that there be a IS-foot easement at the base of the slope. He also expressed concern regarding storm run-off water in the Otay River Valley but said he understood that staff was addressing the matter. ACTION: Councilmember Rindone moved to continue the hearing to the meeting of June 1, 2004, as requested by staff. Councilmember Davis seconded the motion, and it carried 5-0. Page 7 - Council Minutes May 18, 2004 ADJOURNMENT At 6:38 p.m., Mayor Padilla adjourned the meeting to an Adjourned Regular Meeting on May 19, 2004 at 6:00 p.m., in the Council Chambers, thence to an Adjourned Regular Meeting with the Board of Port Commissioners on May 25,2004 at 4:00 p.m. in the Council Chambers, thence to an Adjourned Regular Meeting on May 27, 2004 at 6:00 p.m. in the John Lippitt Public Works Center. ~~~~' Susan Bigelow, CMC, Ci y Clerk Page 9 - Council Minutes May 18, 2004 APR-2E;-æø4 15: 53 FROM: 6192712841 TO: 4765379 P.l April 20, 2004 -_. Steve Padilla, Mayor City Of Chula Vista 276 F Street Chula Vista, Ca 91910 Dear Mayor Padilla: - - - ----. - Our time schedule to move to Prescott Arizona is progressing at an accelerated rate. We have purchased a home in Prescott and we have 3 offers on our Chula Vista home following an open house this past Sunday. In that we will be busy preparing for the move I have decided that in fairness to you and the city I should send my resignation to you from the Library Board of Trustees, and Inter Agency Water Task Force effective 6/1/04, to allOw you and the City Council time to appoint new members to serve the communìty. .. .. - - ...-. - Sincerely, -~ /AÙ ( ,- Tris H ~ 313 Windjammer Circle Chula Vista, CA 91910 2- p.po'f{\O~ ORDINANCE NO. CO~íJ ~a-.íJ\~G ~\) ~ ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING SECTION 19.48.020 OF THE CHULA VISTA MUNICIPAL CODE, DELETING PARAGRAPH 'B' TO ELIMINATE THE REQUIREMENT FOR UNIFIED CONTROL OF PROPERTY WITHIN THE P-C ZONE WHEREAS, Chula Vista Municipal Code Section 19.48.020 establishes ownership and IniIrimum acreage restrictions regarding the establishment and modification of the P-C zone and implementing general development plans and general development schedules; and WHEREAS, Chula Vista Municipal Code Section 19.48.020.B, states, in its entirety, that, "All land in each P-C zone, or approved section thereof, shall be held in one ownership or under unified control unless otherwise authorized by the planning commission, except as provided for in CVMC 19.48.060. For the purposes of this chapter, the written consent or agreement of all owners in a P-C zone to the proposed general development plan and general development schedule shall be deemed to indicate unified contro1."; and WHEREAS, as properties within a given P-C zone district are subsequently planned, subdivided and disposed, the number of property owners within such district makes unified control, as defined, a practical impossibility as a requirement for applications for modification of the P-C zone and implementing general development plans and general development schedules; and WHEREAS, the Environmental Review Coordinator has determined that the proposed activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines and, therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA; and WHEREAS, the Planning Commission held a duly noticed public hearing on March 24, 2004 and has forwarded a recommendation to the City Council to adopt the proposed Zoning Ordinance amendments and additions. NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain: SECTION I. That Section 19.48.020 of the Chula Vista Municipal Code is amended as follows: 19.48.020 Regulations generally - Minimum acreage - Owøcl'Ship FcstrieflOItS. A-. P-C zones may be established on parcels of land which are suitable for, and of sufficient size to be planned and developed in a manner consistent with, the purpose of this chapter and the objectives of this title. No P-C zone shall include less than 50 acres of contiguous lands. B. .'\.11. laBEl iR eaeh P C iZeRe, er aj!f'Foved seatteR tRerBer, shall 'ee held iR eRe e'.Vf!e~ er _à13r 1mi:åeEl BeRkel "IHIIess otherwise aHtheriz13El 'ey the plamlÌftg eemmiasiea, ¡¡neap! as 3-1 Page 2 I!fevitleEi fer in CVMC 19.4&.1139. fer tae J!1:lf:I!eses ef this eàa¡¡ter, the 'l.'rittea eaBSel'lt ar agreement ef all e""'Bers ÎR a P C zane ta tíie prepeseEi gcaerel EiEWelapment plan Ed gaB-BreI èevelepmel'lt seheàa!e shall Be deemeEi ta iaæeata ¡mitieEi eeffil'el. SECTION II. That other amendments elswhere in the Municipal Code shall be made as may be necessary to achieve consistency with the foregoing action. 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 !~-T)J'l ~~~ James D. Sandoval, AICP Planning and Building Director City Attorney 3-2. COUNCIL AGENDA STATEMENT Item NO.~ Meeting Date 06/01/04 ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CALLING AND GIVING NOTICE OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2, 2004 FOR THE PURPOSE OF ELECTING A MEMBER OF THE CITY COUNCIL, AS REQUIRED BY THE PROVISIONS OF THE CHULA VISTA CHARTER AND THE LAWS OF THE STATE OF CALIFORNIA RELATING TO THE CONDUCT OF ELECTIONS RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO MATERIALS SUBMITTED TO THE ELECTORATE AND THE COSTS THEREOF FOR THE SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, NOVEMBER 2, 2004 .t!P SUBMITTED BY: Susan Bigelow, CMC, City Clerk SUMMARY: The purpose of the November 2, 2004 Special Municipal Election is to select a Member of the City Council for a full term consisting of four years, commencing December 2004. In accordance with election law, it is necessary to give notice of the election and adopt regulations pertaining to materials prepared by candidates and the costs thereof. RECOMMENDATION: Council adopt the resolutions. BACKGROUND: A General Municipal Election was held on March 2, 2004 for the purpose of selecting two Members of the City Council (to fill Seats 3 and 4) for full terms of four years commencing December 2004. None ofthe candidates for Seat 4 received fifty percent plus one vote in the General Municipal Election, and the Charter requires, therefore, that a runoff election be conducted between the two candidates who received the most number of votes. The Charter also requires that municipal elections be scheduled in conjunction with statewide elections, and the next statewide general election will be held on Tuesday, November 2, 2004. At this time, it is necessary to call and give notice of the election. Section 13307 of the California Elections Code also provides that the local agency must adopt regulations pertaining to the materials prepared by candidates and the costs thereof. Historically, the City has allowed candidates to submit candidate's statements of no more than 200 words. The estimated cost of a 200-word statement is if-I $583 ($6 per 1,000 registered voters, plus $25 in set-up charges and $75 for a Spanish translation). Candidates who choose to file a candidate's statement will be required to pay $583 as a deposit at the time their statements are filed with the City Clerk. Should the actual cost be less, the balance will be refunded to the candidates; and should the actual cost be more, candidates will be billed for the difference. FISCAL IMPACT: $18,000 has been budgeted in the 2004-2005 budget for the election. It is anticipated that the amount budgeted is sufficient. Lf-2- RESOLUTION NO. 2004- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 2, 2004 FOR THE PURPOSE OF ELECTING A MEMBER OF THE CITY COUNCIL, AS REQUIRED BY THE PROVISIONS OF THE CHULA VISTA CHARTER AND THE LAWS OF THE STATE OF CALIFORNIA RELATING TO THE CONDUCT OF ELECTIONS WHEREAS, under the provisions of the Charter of the City of Chula Vista, a Special Municipal Election shall be held on Tuesday, November 2, 2004, for the purpose of conducting a runoff election between the two candidates for Member of the City Council who received the highest number of votes cast, and yet did not receive a total of fifty percent plus one, at the General Municipal Election held on March 2, 2004. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER, as follows: SECTION 1. Pursuant to the requirements of the Chula Vista Charter and the laws of the State of California, there shall be and there is hereby called and ordered held in the City of Chula Vista, California, on Tuesday, November 2,2004, a special municipal election of the qualified electors of said City for the purpose of a runoff election to elect one (1) Member of the City Council for the full term of four years, commencing in December 2004. SECTION 2. The ballots to be used at said election shall be, both as to form and matter contained therein, such as may be required by law to be used thereat. SECTION 3. The City Clerk of said City is hereby authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphemalia that may be necessary in order to properly and lawfully conduct said election. SECTION 4. The polls of said election shall be open at seven o'clock a.m. of the day of said election and shall remain open continuously ftom said time until eight o'clock p.m. of the same day, when said polls shall be closed, except as provided in Section 14401 of the Elections Code of the State of California. SECTION 5. In all particulars not recited in this Resolution, said election shall be held and conducted as provided by law for holding municipal elections in said City. SECTION 6. Notice of the time and place of holding said election is hereby given, and the City Clerk is hereby authorized, instructed and directed to give such further notice or additional notice of said election in time, form and manner as required by law. Lf~3 ----,,--".-..------... Submitted by: Approved as to form: ~~~ Susan Bigelow, City Clerk PASSED and ADOPTED at a regular meeting of the City Council of the City of Chula Vista, California., this 1st day of June, 2004, by the following vote: AYES: Councilmembers: NAYS: Councilmembers: ABSENT: Councilmembers: Stephen C. Padilla., Mayor 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. 2004-- was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 151 day of June, 2004. Executed this - day of June, 2004. Susan Bigelow, City Clerk :..t ¿¡- 1- RESOLUTION NO. 2004- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO MATERIALS SUBMITTED TO THE ELECTORATE AND THE COSTS THEREOF FOR THE SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, NOVEMBER 2, 2004 WHEREAS, Section 13307 of the Elections Code of the State ofCalifomia provides that the governing body of any local agency adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs thereof. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER, as follows: SECTION 1. Pursuant to Section 13307 of the Elections Code of the State ofCalifomia, each candidate for elective office to be voted for at the Special Municipal Election to be held in the City of Chula Vista on November 2, 2004, may prepare a candidate's statement on an appropriate form provided by the City Clerk. Such statement may include the name, age and occupation of the candidate and a brief description of no more than 200 words of the candidate's education and qualifications expressed by the candidate himself. Such statement shall neither include the party affiliation of the candidate nor membership or activity in partisan political organizations. Such statement shall be filed in the Office of the City Clerk no sooner than Monday, July 12 and no later than 5:00 p.m. on Friday, August 6, 2004. Such statement may be withdrawn, but not changed, during the stated period and until 5 :00 p.m. on Monday, August 9, 2004. SECTION 2. The City Clerk shall estimate the total cost of printing, handling, and mailing the candidate's statements filed pursuant to the Elections Code and require each candidate filing a statement to pay in advance his or her pro rata share as a condition of having his or her statement included in the voter's pamphlet. The City Clerk shall bill each candidate for any cost in excess of the deposit and shall refund any unused portion of any deposit. SECTION 3. The City Clerk shall provide each candidate, or the candidate's representative, a copy of this Resolution at the time his or her candidate's statement is filed. Submitted by: Approved as to form: ø~~¡kr Susan Bigelow, City Clerk Lf-5 - ------- - --------- -- COUNCIL AGENDA STATEMENT /' ITEM:---.2.. MEETING DATE: 5/25/2004 ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $3,000 IN FISCAL YEAR 2004 FROM THE GENERAL FUND TO THE CITY CLERK'S DEPARTMENT AND AMENDING THE SPENDING PLAN BY ADDING $12,000 IN FISCAL YEAR 2005 FOR LOCAL LEGISLATION CONSULTANT SERVICES TO CORRECT CERTAIN ERRORS IN THE MUNICIPAL CODE SUBMITTED BY: Susan Bigelo'~, CMC, City Clerk Adoption of the resolution appropriates funds for consulting services to research and prepare ordinances amending the Municipal Code to correct obsolete sections, referrals to obsolete regulations, and various scrivener's errors. RECOMMENDATION: Council adopt the resolution. 4/5THS VOTE REQUIRED: ~Yes DNo DISCUSSION: In 1999-2000, the City Clerk's Office contracted with a codifier to reformat and update the Municipal Code. During the process, the codifier provided a "legal review" of the code and identified several sections that are obsolete, refer to obsolete regulations, or contain scrivener's errors. The City Clerk now wishes to hire a consultant to make the corrections and recommend and make other amendments as necessary. The City Clerk has received a proposal ftom Cristie C. McGuire, who has over twenty years of . direct experience in drafting and amending municipal ordinances of the type that will be required to correct the Municipal Code. Her relevant work experience as a local legislation consultant includes service as a (former) Deputy City Attorney with the City of San Diego, where she had the primary responsibility for reviewing all amendments to the San Diego Municipal Code ftom 1990-2003 to ensure their readability and conformity to established conventions. During that time, she also trained Deputy City Attorneys, legal assistants, legal support staff, and members of other City departments in writing ordinances and related documents. On behalf of the San Diego City Attorney, she wrote the "Drafting Manual for Ordinances Amending the Municipal Code," published in August 2002. From 1983-2003, she wrote or edited over 200 Municipal Code ordinances for San Diego. From 1982-2003, she worked intermittently with the San Diego City Clerk's office on several projects designed to make the Code more accessible to the public, as well as to City staff. The proposed scope of work includes: 5-1 J:\CklrkIBUDGET\2004-05-25.Agenda statementoutside counsel.doc . researching and identifying the issues, including the current and historical Uniform Building Code, National Electrical Code, and Chula Vista land use ordinances and regulations to determine appropriate citations, if any, to include in amending ordinances; . meeting with the City Clerk, City Attorney, and other City staff to obtain answers to historical and substantive questions necessary to amend various code sections; . preparing final drafts and strike-out versions of proposed ordinances to correct affected portions of the code, and . identifying outstanding, unresolved issues, if any, for the City to address in the future. The proposal has been reviewed and approved by the City Attorney. Ms. McGuire would not be acting as an attorney or providing any legal services. Her services would be overseen by the City Attorney, and all legal documents would be reviewed and approved by the City Attorney. The proposed funding allocation would be used to hire Ms. McGuire on a sole source basis due to her extensive experience in this particular area. FISCAL IMPACT: The net impact on the General Fund for Fiscal Year 2004 is $3,000. These funds would be allocated ftom the available balance of the General Fund to the City Clerk's specialized services account. Additionally, $12,000 would be added to the 2005 spending plan to cover the balance of the work. S-'~ J:\Cler1<\BUDGET\2004-O5-25.Agenda statemenLouls~e counsel.doc RESOLUTION NO. 2004- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $3,000 IN FISCAL YEAR 2004 FROM THE GENERAL FUND TO THE CITY CLERK'S DEPARTMENT, AMENDING THE SPENDING PLAN BY ADDING $12,000 IN FISCAL YEAR 2005, AND AWARDING A CONTRACT FOR $15,000 TO CRISTIE C. MCGUIRE FOR LEGISLATION CONSULTANT SERVICES TO CORRECT CERTAIN ERRORS IN THE MUNICIPAL CODE WHEREAS, several portions of the Municipal Code are obsolete, refer to obsolete regulations, or contain scrivener's errors, and it is essential to prepare ordinances to correct these errors in order to maintain the integrity of the Municipal Code. WHEREAS, Ms. McGuire is an expert in legislative drafting due to her extensive years of experience in drafting municipal ordinances of the type that will be required to correct the Municipal Code. WHEREAS, it is recommended that the consultant selection process be waived for the following reasons: . Cristie C. McGuire is an expert in legislative drafting; . Ms. McGuire has twenty years of experience in drafting municipal ordinances and revising municipal codes; and . Ms. McGuire is the author of the Ordinance Drafting Manual published for the City of San Diego in August 1998; WHEREAS, staff is recommending that the City Council waive the consultant selection process of Municipal Code Section 2.56.110 for the above stated reasons. WHEREAS, City staff is recommending that Council approve an agreement with Ms. McGuire to provide the required services. NOW, THEREFORE, BE IT RESOLVED that the amount of $3,000 is hereby appropriated from the available balance in the General Fund to the City Clerk's Specialized Services account in the Fiscal Year 2004 budget, the City Clerk's Fiscal Year 2005 spending plan is hereby amended to add $12,000, and a contract is awarded to Cristie C. McGuire. Presented by Approved as to form by ~~~~o~ Susan Bigelow Ann Moore City Clerk City Attorney 5-3 J:lAttomey\SharonMIMayor and Council\2004-Q4.27.Agenda statementoutside counseLdoc COUNCIL AGENDA STATEMENT Item:~ Meeting Date: June 1. 2004 ITEM TITLE: Resolution amending the FYO4 Library Department budget by appropriating unanticipated grant revenue in the amount of $2,500 for expenditures associated with Music In The Park Concert Series :P1f SUBMITTED BY: Assistant City Manager/Library Director REVIEWED BY: City Manager}*,ç{li (4I5ths Vote: YES ---1L- NO---> The Office of Cultural Arts received a Community Enhancement Program grant award in the amount of $2,500 from the County of San Diego for the Music In The Park Concert Series to be held during Summer 2004. STAFF RECOMMENDATION: That Council adopt the resolution amending the FY04 Library Department budget by appropriating unanticipated grant revenue in the amount of $2,500 for expenditures associated with Music In The Park Concert Series BOARD/COMMISSION RECOMMENDATION: N/A DISCUSSION: As part of its ongoing fund raising efforts, the Office of Cultural Arts applied for a Community Enhancement Program grant for the Music In The Park Concert Series and it was awarded $2,500 for its Summer 2004 Programming. These monies are being used to offset increased costs in advertising and entertainment. The Music In The Park Concert Series is an annual event, which is held in parks throughout the City from June to September. FISCAL IMPACT: The $2,500 in grant revenue funds will be used to offset June 2004 expenditures associated with the Music In The Park Concert Series. &'/ ----"-"------~-----" RESOLUTION NO. 2004- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FY 04 LffiRARY DEPARTMENT BUDGET BY APPROPRIATING UNANTICIPATED GRANT REVENUE IN THE AMOUNT OF $2,500 FOR EXPENDITURES ASSOCIATED WITH MUSIC IN THE PARK CONCERT SERIES WHEREAS, the Office of Cultural Arts received a Community Enhancement Program grant award in the amount of $2,500 !Tom the County of San Diego for the Music In The Park Concert Series to be held during Summer 2004; and WHEREAS, these monies are being used to offset increased costs in advertising and entertainment; and WHEREAS, the Music In The Park Series is an annual event, which is held in parks throughout the City ftom June to September. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby amend the Fiscal Year 2004 Library Department by appropriating unanticipated grant revenue in the amount of $2,500 for expenditures associated with Music In The Park Concert Series. Presented by Approved as to form by Do.-ê. H--- David Palmer Ann Moore Assistant City Manager/Library Director City Attorney J:\attomey\,eso\tinance\Amend FY 04 Library Dept Music in the park Itr ¡;). COUNCIL AGENDA STATEMENT -1 ITEM: -L MEETING DATE: June 1. 2004 ITEM TITLE: Resolution 2004- appropriating $1,662,831 of funds ftom the Jobs- Housing Balance Incentive Grant Program (JHBP) to a new capital improvement project, STL-306, Southwestern Chula Vista Street Improvement Program. ~ fi'~.\I. SUBMITTED BY: Director of Community Developmen Director of General Services ~~ . REVIEWED BY: City Manager b (? "r' (4/5ths Vote: YES~NO---1 X" BACKGROUND: On June 25, 2003, the City of Chula Visa received a commitment of grant funds in the amount of $1,662,831 ftom the California Department of Housing and Community Department under the Jobs-Housing Balance Incentive Grant Program (JHBP). Funding for JHBP is made available pursuant to Proposition 46, the Housing and Emergency Shelter Trust Fund of 2002. Grant funds must be used for capital asset projects such as parks, public facilities and inftastructure improvements that serve to provide public benefit. On January 6, 2004, Council adopted a resolution authorizing the execution of a grant agreement to secure the JHBP Grant and requested that a workshop be held to prioritize the funding of projects listed in the agreement. On March 25, 2004, Council held a public workshop with respect to how to utilize the funds the City is receiving as part of the Jobs-Housing Balance Incentive Grant Program. Council directed staff to develop a program to utilize the funding allocation in its entirety to construct missing street improvements in southwestern Chula Vista. This action appropriates the funds to a capital project and will enable staff to commence work on establishing assessment districts to assist in the funding of missing street improvements. The funds are required to be committed by June 30, 2004 and spent by June 30, 2006. RECOMMENDATION: That Council approves the appropriation of$I,662,83l ftom the Jobs-Housing Balance Incentive Grant Program (JHBP) to a new capital improvement project, STL-306, Southwestern Chula Vista Street Improvement Program. BOARD/COMMISSION RECOMMENDATION: N/ A 1-1 PAGE: -L ITEM:-4- MEETING DATE: JUNE 1,2004 DISCUSSION: It is a stated goal of the City Council that every effort be made to seek ways and means to address inftastructure issues in the western and southwestern portion of Chula Vista. As this area of the City was essentially developed over the past sixty (60) to eighty (80) years, the need for inftastructure is both of a rehabilitation/reconstruction nature as well as a new construction nature. The demands that this portion of the City generates are significant and challenging. At the same time, the western portion of the City is home to much of the City's history and cultural activities, and offers tremendous opportunities for growth ftom the typical development point of view as well as ftom a quality oflife perspective. To meet these demands and to position the City to start to realize this growth and potential, it is necessary to take a more comprehensive view of the infrastructure needs of the western portion of the City. There are a number of inftastructure issues that need to be addressed. There will not be a single plan or methodology that will address the entire universe of improvements. The major effort that the City Council has already approved and for which work has commenced is the Western Chula Vista Inftastructure Financing Plan. This $21 million program provided funding for numerous inftastructure improvements in the western portion of City including the construction of missing street improvements, extensive drainage improvements, construction of new park facilities, rehabilitation of existing parks and the replacement of an existing fire station. The funds the City has received ftom the JHBP are to be utilized to augment the City's efforts in the construction of missing street improvements. It is intended that these funds not be utilized within the already created Castle Park Neighborhood Revitalization Program (Castle Park NRP). The $1,662,831 of JHBP funds will be utilized on missing street improvements outside the Castle Park NRP but in southwestern Chula Vista. The specific streets to be improved have not yet been identified as the City intends to utilize these funds in a manner consistent with the assessment district program that has been developed in the Castle Park NRP. Staff will endeavor to utilize the funds on streets in very close proximity to one another in an effort to create a smaller version of a neighborhood revitalization area provided that sufficient property owners are willing to participate in the assessment district process. FISCAL IMPACT: The fiscal impacts are negligible with respect to the City's General Fund in that only the grant proceeds will be utilized for the construction of the improvements. The City will be required to expend funds in the maintenance of the streets, however it is already doing so and it is possible, and even likely, that the maintenance costs will be less once the streets are reconstructed in a manner consistent with current City construction standards. Many of the streets in southwestern Chula Vista were constructed to a standard well below the current standard which will result in less on-going maintenance activities such as pothole filling and crack sealing. r¡ -d- RESOLUTION NO. 2004- - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $1,662,831 OF FUNDS FROM THE JOBS-HOUSING BALANCE INCENTIVE GRANT PROGRAM (JHBP) TO A NEW CAPITAL IMPROVEMENT PROJECT, STL-306, SOUTHWESTERN CHULA VISTA STREET IMPROVEMENT PROGRAM WHEREAS, on June 25, 2003, the City of Chula Vista received a commitment of grant funds in the amount of $1,662,831 ITom California Department of Housing and Community Department under the Jobs-Housing Balance Incentive Grant Program (JHBP); and WHEREAS, grant funds must be used for capital asset projects such as parks, public facilities and inftastructure improvements that serve to provide public benefit; and WHEREAS, on January 6, 2004, Council adopted a resolution authorizing the execution of a grant agreement to secure the JHBP Grant and requested that a workshop be held to prioritize the funding of projects listed in the agreement; and WHEREAS, on March 25, 2004, Council held a public workshop with respect to how to utilized the funds the City is receiving as part of the Jobs-Housing Balance Incentive Grant Program; and WHEREAS, though no project was approved, Council directed staff to use the funds to construct missing street improvements in Southwestern Chula Vista; and WHEREAS, funds are required to be committed by June 30, 2004 and spent by June 30, 2006; and WHEREAS, this action creates a new capital improvement project to earmark the funds as required by the grant. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby appropriate $1,662,831 of flmds from the Jobs-Housing Balance Incentive Grant Program (JHBP) to a new capital improvement project, STL-306, southwestern Chula Vista Street Improvement Program. ry-3 Presented by Approved as to form by ~[iI)~ !føI Laurie Madigan Assistant City Manager Jack Griffin Director of General Services J:lAttomey\Reso\grants~hbp gmnt r¡-If COUNCIL AGENDA STATEMENT Item L Meeting Date 6/1/04 ITEM TITLE: Resolution of the City Council of the City of ChulaVista, California, adopting a boundary map showing the boundaries of the territory proposed for inclusion in proposed Community Facilities District No. 11M (Rolling Hills Ranch) Resolution of the City Council of the City of Chula Vista, California, declaring its intention to establish Community Facilities District No. 11M (Rolling Hills Ranch) and to authorize the levy of a special tax therein to finance certain services Resolution of the City Council of the City of Chula Vista, California, ordering and directing the preparation of a Community Facilities District Report for proposed Community Facilities District No. 11M (Rolling Hills Ranch) SUBMITTED BY: Director of General Services/City Engineer ~ REVIEWED BY: City ManagerhF- ar-" (4/5ths Vote: Yes- No..J;;) /+ McMillin Rolling Hills Ranch has requested the City conduct proceedings to consider the approval of the formation of Community Facilities District No. 11M (CFD No. 11M). The conditions of approval of the tentative map for Rolling Hills Ranch require that said CFD be formed prior to issuance of the first production home building permit. The City has retained the services of MuniFinancial as special tax consultant and Best Best and Krieger LLP as legal counsel to provide assistance during the proceedings. Tonight's action will initiate the formal proceedings to consider the establishment ofCFD No. 11M. RECOMMENDATION: That City Council adopt the resolutions. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: On January 13, 1998, Council adopted the "City ofChula Vista Statement of Goals and Policies regarding the establishment of Community Facilities Districts" (the "Goals and Policies"). The approval of this document ratified the use of CFDs as a public fmancing mechanism for (1) the construction and/or acquisition of public inftastructure, and (2) the financing of authorized public services. Taxes levied by maintenance districts, such as CFD No. 11M, are currently excluded ftom the 2% maximum tax criterion set forth in the Goals and Policies. On April 28, 1998, Council, acting under its Charter authority, enacted the "Chula Vista Community Facilities District Ordinance" (the "Ordinance"). The Ordinance adopted the Mello- t-/ rç Page 2, Item---=- Meeting Date 6/1/04 Roos Act with modifications to accomplish the following: 1) incorporate all maintenance activities authorized by the "Landscaping & Lighting Act of 1972" ("1972 Act"), 2) include certain maintenance activities not listed in the "Mello- Roos Act" or the "1972 Act", and 3) establish an operating reserve fund for open space districts. The proposed CFD No. 11M is consistent with the above-mentioned Ordinance and the Goals and Policies. In addition, staff has met with the developer to discuss their concerns, clarify the intent of the Goals and Policies and Ordinance, and review the proposed special tax rates and the methodology for the apportionment of the special taxes. All of the issues raised by the developers have been discussed and solutions, satisfactory to all parties, have been incorporated in the "Rate and Method of Apportionment" (the "RMA"). The RMA has also been modeled after similar open space maintenance districts in the surrounding area. Staff, the legal counsel, and the special tax consultant have reviewed the proposed RMA and consider it ready for council approval. Area of Benefit The proposed boundaries of CFD No. 11M encompass parcels located within Rolling Ridge Ranch Subarea III. McMillin Rolling Hills Ranch owns 100% of the property CFD. Rolling Hills Ranch, Sub Area III is proposed to contain approximately 425 single-family detached homes in four neighborhoods. Approximately 250 acres will be preserved of the over 600 acre development. Staff has reviewed the proposed boundary map and has found it acceptable and ready for approval by Council. A reduced copy of the map is presented in Exhibit "B". Description of the Improvements to be Maintained The proposed CFD No. 11M will fund the operation, monitoring and maintenance of the MSCP Lots, Tarplant lots, Johnson Canyon Tarplant Preserve and storm water treatment improvements within Rolling Hills Ranch Sub Area Ill. A complete list of such improvements is presented in Exhibit "C". Cost Estimate The estimated annual budget for CFD No. 11M is approximately $135,000. This budget includes a total of $92,865 (includes additional 10% to fund an operating reserve) for maintenance, " $20,000 for CFD administration (preparing reports, levying and collecting taxes, public assistance, etc.) by the Engineering Division. Staff (Public Works/Operations and Engineering) and MuniFinancial have reviewed and approved the proposed budget. Exhibit "D" contains a detailed annual budget for the district at buildout. Proposed Special Tax CFD 11M has four proposed categories of taxation in order of priority, as follows: . Residential Developed Parcels are taxed at a flat rate per unit. . Non-Residential Parcels are taxed on the acreage of the parcel. . The Final Mapped properties which include all single family residential parcels for which a building permit has not been issued are taxed on acreage of the parcel. P'.L Page 3, Item L Meeting Date 6/1/04 . Vacant land (Other Taxable property) is taxed on acreage of the parcel. . The Exempt Category includes all publicly owned parcels, Homeowner's Association parcels, and CPF property owned by non-profit organizations. Please see Exhibit "A" for full description ofRMA. Proposed Maximum Special Taxes The proposed maximum special tax rates for fiscal year 2004/05 for a dwelling unit within CFD 11M is $318.00. Resolutions There are three resolutions on today's agenda, which, if adopted, will accomplish the following: The RESOLUTION ADOPTING THE BOUNDARY MAP is the formal action adopting the map and setting forth the boundaries of the proposed Community Facilities District No. 11M. The RESOLUTION OF INTENTION is the jurisdictional resolution declaring the intention of the City Council to establish the proposed Community Facilities District No. 11M, authorize the levy of a Special Tax, and set the time and place for the public hearing. The RESOLUTION ORDERING THE PREPARATION OF THE "COMMUNITY FACILITIES DISTRICT REPORT" is the formal action of the City Council directing the preparation of a detailed report containing a description of the services and its estimated cost for the proposed Community Facilities District No. 11M. Future Actions The public hearing and consideration of the adoption of a resolution forming and establishing CFD No. 11M, and submitting the authorization for the levy of special taxes to the qualified electors are scheduled for the City Council meeting of July 20,2004 at 6:00 P.M. FISCAL IMPACT: All costs off ormation of the district are being borne by the developers and the on-going administration will be funded entirely by the district. The City will receive the benefit of full cost recovery for staff costs involved in the following activities: 1) district formation (staff cost estimated at $50,000); and 2) district administration in perpetuity Exhibits: "A" Rate and Method of Apportionment "B" Boundary Map "C" List of Public Facilities to be maintained "D" Annual Budget J:\Engineer\LANDDEVIProjects\Roliing Hills RanchlCFD OIIMIAIIJ Council agenda ROI draft J.doc P-3 Exhibit A CITY OF CHULA VISTA COMMUNITY FACILITIES DISTRICT NO. 11M RATE AND METHOD OF APPORTIONMENT FOR ROLLING HILLS RANCH A Special Tax of Community Facilities District No. 11M (Rolling Hills Ranch) of the City of Chula Vista ("CFD") shall be levied on all Assessor's Parcels of the CFD and collected each Fiscal Year commencing in Fiscal Year 2004-05 in an amount detennined through the application of the rate and method of apportionment of the Special Tax set forth below. All of the real property in the CFD, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided. A. DEFINITIONS The terms hereinafter set forth have the following meanings: "Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable Final Subdivision Map, other final map, other parcel map, other condominium plan, or functionally equivalent map or instrument recorded in the Office of the County Recorder. The square footage of an Assessor's Parcel is equal to the Acreage multiplied by 43,560. "Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Part 1, Division 2 of Title 5 of the Government Code of the State of California. "Administrative Expenses" means the actual or estimated costs incurred by the City, acting for and on behalf of the CFD as the administrator thereof, to detennine, levy and collect the Special Taxes, including salaries of City employees and a proportionate amount of the City's general administrative overhead related thereto, and the fees of consultants and legal counsel providing services related to the administration of the CFD; the costs of collecting instalhnents of the Special Taxes; and any other costs required to administer the CFD as detennined by the City. "Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an assigned assessor's parcel number. "Assessor's Parcel Map" means an official map of the Assessor of the County designating parcels by assessor's parcel number. "CFD Administrator" means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes. "CFD" means Community Facilities District No. 11M of the CityofChula Vista. "City" means the City of Chula Vista. City o[Chata Vista jJ- April 27, 2004 CFD 11M, Rolling Hills Ranch Page I Exhibit A "City Clerk" means the City Clerk for the City of Chula Vista or his or her designee. "City Manager" means the City Manager for the City of Chula Vista or his or her designee. "Community Purpose Facility Property" or "CPF Property" means all Assessor's Parcels which are classified as community purpose facilities and meet the requirements of City of Chula Vista Ordinance No. 2452. "Council" means the City Council of the City of Chula Vista, acting as the legislative body of the CFD. "County" means the County of San Diego, California. "Developed Property" means all Taxable Property for which a building permit was issued after January 1, 2004, but prior to the March 1st preceding the Fiscal Year in which the Special Taxis being levied. "Dwelling Unit" means each separate residential dwelling unit that comprises an independent facility capable of conveyance or rental separate from adjacent residential dwelling units. "Final Map Property" means a single family residential lot created by a Final Subdivision Map, but which is not classified as Developed Property. "Final Subdivision Map" means a subdivision of property creating buildable lots by recordation of a final subdivision map or parcel map pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.), or recordation of a condominium plan pursuant to California Civil Code 1352, that creates individual lots for which building permits may be issued without further subdivision and is recorded prior to March 1 preceding the Fiscal Year in which the Special Tax is being levied. "Fiscal Year" means the period starting July 1 and ending on the following June 30. "Habitat Maintenance" means the labor, material, administration, personnel, equipment and utilities necessary to maintain habitat conservation areas within the CFD as set forth in the CFD Report. "Habitat Maintenance Requirement" means, for any Fiscal Year in which Special Taxes are levied, the amount equal to the budgeted costs for Habitat Maintenance applicable to the CFD for such Fiscal Year. "Land Use Class" means any of the classes listed in Table 1 or Table 2. "Maximum Special Tax" means the maximum Special Tax, determined in accordance with Section C below, that may be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property. City ofChula Vista I,!) April 27, 2004 CFD 11M, Rolling Hills Ranch Page 2 Exhibit A "Non-Residential Property" means all Assessor's Parcels of Developed Property for which a building permit(s) has been issued for a structure or structures for non-residential use. "Operating Fund" means a fund that shall be maintained for the CFD for each Fiscal Year to pay for Habitat Maintenance and Storm Water Quality Maintenance and Adnùnistrative Expenses. "Operating Fund Requirement" means, for any Fiscal Year, the sum of the applicable Habitat Maintenance Requirement and the applicable Storm Water Quality Maintenance Requirement. "Other Taxable Property" means, for each Fiscal Year, all Undeveloped Property not classified as Final Map Property, or Taxable Property Owners Association Property. "Property Owner Association Property" means any property within the boundaries of the CFD that is owned by, or irrevocably dedicated as indicated in an instrument recorded with the <?°';IDty Recorder to, a property owner association, including any master or sub- assOCIatIon. "Proportionately" means in a manner such that the ratio of the actual Special Tax levy to the Maximum Special Tax is equal for all Assessor's Parcels of Taxable Property within each Land Use dass. "Public Property" means any property within the boundaries of the CFD that, at the time of the CFD formation, is (a) owned by the federal government, the State, the County, the City or any other public agency or (b) has been irrevocably offered for dedication to such an entity (whether or not such offer has been accepted) and is expected to be used for any public purpose. "Reserve Fund" means a fund that shall be maintained for the CFD for each Fiscal Year to provide necessary cash flow for the first six months of each Fiscal Year, reserve capital to cover monitoring, maintenance and repair cost overruns and delinquencies in the payment of Special Taxes and a reasonable buffer to prevent large variations in annual Special Tax levies. "Reserve Fund Requirement" means an amount equal to up to 100% of the Operating Fund Requirement for any Fiscal Year. "Residential Property" means all Assessor's Parcels of Developed Property for which a building permit(s) has been issued for purposes of constructing one residential dwelling unit. "Special Tax" means the Special Tax levied pursuant to the provisions of sections C and D below in each Fiscal Year on each Assessor's Parcel of Developed Property and Undeveloped Property in the CFD to fund the Special Tax Requirement. "Special Tax Requirement" means that amount required in any Fiscal Year for the CFD to: (a) (i) pay the Habitat Maintenance Requirement; (ü) pay the Storm Water Quality Maintenance Requirement; (iii) pay reasonable Administrative Expenses; (iv) pay any City oIChula VISta R-? April 27, 2004 CFD 11M, Rolling Hills Ranch Page 3 Exhibit A amounts required to establish or replenish the Reserve Fund to the Reserve Fund Requirement; (v) pay for reasonably anticipated delinquent Special Taxes based on the delinquency rate for Special Taxes levied in the previous Fiscal Year; less (b) a credit for fundn.vailable to reduce the annual Special Tax levy, including the excess, if any, in the Reserve Fund above the Reserve Fund Requirement. "State" means the State of California. "Stann Water Quality Maintenance" means the maintenance of detention basins, storm drains, catch basin inserts, hydrodynamic devices, infiltration basins, and all other facilities that are directly related to storm water quality control throughout the CFD. "Storm Water Quality l\1aintenance Requirement" means for any Fiscal Year an amount equal to the budgeted costs for Storm Water Quality Maintenance applicable to the CFD for the current Fiscal Year in which Special Taxes are levied. "Taxable Property" means all of the Assessor's Parcels within the boundaries of the CFD that are not exempt from the Special Tax pursuant to law or as defined below. "Tax-Exernpt Property" means an Assessor's Parcel not subject to the Special Tax. Tax- Exempt Property includes: Q) Public Property, or (11) Property Owner Association Property, or (iii) Assessor's Parcels defined as Community Purpose Facility Property that is owned by a non-profit organization and has provided proof to the City prior to the March 1st preceding the Fiscal Year in which the Special Tax is being levied of the organization's non-profit status, or (iv) Assessor's Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement. "T axable Property Owner Association Property" means all Property Owner Association Property which is not exempt from the Special Tax pursuant to Section E below. "Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as Developed Property. B. ASSIGNMENT TO LAND USE CATEGORIES Each Fiscal Year using the defInitions above, all Taxable Property within the CFD shall be classified as Developed Property or Undeveloped Property, and shall be subject to Special Taxes pursuant to Sections C and D below. Developed Property shall be further assigned to a Land Use Class as specified in Table 1. Undeveloped Property shall be further assigned to a Land Use dass as specified in Table 2. City ofChula VIsta April 27, 2004 CFD 11M, Rolling Hills Ranch Page 4 ¿:-7 . _._..---~-~._-~----- Exhibit A C. MAXIMUM SPECIAL TAX RATE 1. Developed Property TABLE 1 Maxirnum Special Tax for Developed Property Community Facilities District No. 11M Rolling Hills Ranch Land Use Class 1 2 Multiple Land Use Classes In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Class. The Maximum Special Tax that may be levied on such an Assessor's Parcel shall be the sum of the Maximum Special Tax levies that may be imposed on all Land Use Classes located on that Assessor's Parcel. The CFD Administrator shall determine the allocation to each Land Use Class. 2. Undeveloped Property TABLE 2 Maximum Special Tax for Undeveloped Property Community Facilities District No. 11M Rolling Hills Ranch Land Use Maximum Sp'ecial Tax Class 4 $648.14 er Acre 5 $648.14 er Acre 6 $648.14 per Acre 3. Annual Escalation of Maxirnum Special Tax The Maximum Special Tax as shown in the tables above that may be levied on each Assessor's Parcel in the CFD shall be increased each Fiscal Year beginning in Fiscal Year 2005-06 and thereafter by a factor equal to the annual percentage increase, if any, in the San Diego Metropolitan Area All Urban Consumer Price Index (All Items). City of Chula Vista April 27, 2004 CFD 11M, RoUing Hills Ranch ~-¡ Page 5 Exhibit A D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX Commencing with Fiscal Year 2004-05, and for each following Fiscal Year, the Council shall levy the Special Tax at the rates established pursuant to steps 1 through 4 below so that the amount of the Special Tax levied equals the Special Tax Requirement. The Special Tax shall be levied each Fiscal Year as follows: First: The Special Tax shall be levied Proportionately on each Assessor's Parcel of Developed Property up to 100% of the applicable Maximum Special Tax; Second: If additional monies are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Assessor's Parcel of Final Map Property at up to 100% of the Maximum Special Tax for Final Map Property; Third: If additional monies are needed to satisfy the Special Tax Requirement after the first two steps have been completed, the Special Tax shall be levied Proportionately on each Assessor's Parcel of Other Taxable Property at up to 100% of the Maximum Special Tax for Other Taxable Property; Fourth: If additional moneys are needed to satisfy the Special Tax Requirement after the first three steps have been completed, the Special Tax shall be levied proportionately on each Assessor's Parcel of Taxable Property Owner Association Property at up to 100% of the Maximum Special Tax for Taxable Property Owner Association Property. Notwithstanding the above, under no circumstances will the Special Tax levied against any Assessor's Parcel of Residential Property for which an occupancy permit for private residential use has been issued be increased by more than ten percent annually up to the Maximum Special Tax as a consequence of delinquency or default by the owner of any other Assessor's Parcel within the CFD. E. EXEMPTIONS The CFD Administrator shall classify as exempt property (i) Assessor's Parcels defined as Public Property, (ü) Assessor's Parcels defined as Community Purpose Facility Property that are owned by a non-profit organization which has provided proof to the City prior to the March 1st preceding the Fiscal Year in which the Special Tax is being levied of the organization's non-profit status, and (ill) Assessor's Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement. The CFD Administrator shall classify as exempt property those Assessor's Parcels defined as Property Owner's Association Property provided that no such classification would reduce the sum of all taxable Property to less than 208.52 Acres. Assessor's Parcels defined as Property Owner Association Property that cannot be classified as exempt property will be classified as Taxable Property Owner Association Property and shall be taxed as part of the fourth step in Section D. City ofChula VISta £-9 April 27, 2004 CFD lIM, Rolling Hills Ranch Page 6 Exhibit A The CFD Administrator will assign Tax-Exempt status in the chronological order in which property becomes exempt. F. APPEALS Any landowner or resident who pays the Special Tax and believes that the amount of the Special Tax levied on their Assessor's Parcel is in error shall first consult with the CFD Administrator regarding such error. If following such consultation, the CFD Administrator detennines that an error has occurred, the CFD Administrator may amend the amount of the Special Tax levied on such Assessor's Parcel. If following such consultation and action, if any by the CFD Administrator, the landowner or resident believes such error still exists, such person may file a written notice with the City Clerk of the City appealing the amount of the Special Tax levied on such Assessor's Parcel. Upon the receipt of any such notice, the City Clerk shall forward a copy of such notice to the City Manager who shall establish as part of the proceedings and administration of the CFD, a special three-member Review/Appeal Committee. The Review/Appeal Committee may establish such procedures, as it deems necessary to undertake the review of any such appeal. The Review/Appeal Committee shall interpret this Rate and Method of Apportionment and make detenninations relative to the annual administration of the Special Tax and any landowner or resident appeals, as herein specified. The decision of the Review/Appeal Committee shall be final and binding as to all persons. G. MANNER OF COLLECTION Special Taxes levied pursuant to Section D above shall be collected in the same manner and at the same time as ordinary ad udmrm property taxes; provided, however, that the CFD Administrator may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet the fmancial obligations of the CFD or as otherwise determined appropriate by the CFD Administrator. H. TERM OF SPECIAL TAX Taxable Property within the CFD shall remain subject to the Special Tax in perpetuity. City o/Chala Vista .f~/O April 17, 100. CFD 11M, Rolling Hills Ranch Page 7 - ~ ~ ~ I- ~~I.= ¡¡a ; . ~ . \ . .8 Iii ~ .§- - i! ¡¡¡ ~ ~ ¡ .! ¡¡i ~i\. Ii ~\ ~!i~ i: ii \k II ¡¡a ~ s~i 5~~ ii~ i~ ~g!! Iii ii = ~:i'~ ¡I! il ~ . ~ J i i~! ~~ ! ¡ ~¡; ~nl .~¡: Iii ~= . !~ I \§ ¡¡ fi~¡¡~ ~!I !i ~ EE ~ ~ S ~êsš =~§ =i ::;:: o' wO VJZ 01-"-" a..UI ~~~ "I a.. tñ <I: <g~ . - oc :;;"'æ 'z ~ lJ...O :>"" ~ . 0 VJ ~ :J~~ " ': a.. w:! =>"'u ~ ~ [J <l:FIõ\5\5 ¡w ~ ::;::;! '-' \5~þ! - >- U z Ëa;5 [J oc<l:::J "u'" :¡: <l:lJ...--, >< 0>-0 W ZI-OC :Jz"""" .. O:J CD::;:: ::;:: 0 U i ...... i ; cd ' . ..-4 5 U ii .. ¡:: ~¡ ! II: cd ¡ - .S t II ~j 5 ~mj i ~ Ç~// Exhibit C Community Facilities District No. 11M (Rolling Hills Ranch) City of Chula Vista, California LIST OF AUfHORIZED SERVICES Habitat Maintenance MSCP Lots C, E, F & G of Map 14756, Lot A of Map 14159 (Neighborhood 1, Unit 2), Lot A of Map 14160 (Neighborhood 1, Unit 3) + Litter Removal + Surveys and monitoring + Weed Eradication + Fencing + Property tours + Required Reporting + Resident Outreach Tarplant Management A:rea, Map 14756 Lot DD and Lot HH - The CFD is proposed to manage the Endowment set up for the maintenance of the Tarplant Management Area. Maintenance responsibilities of the Endowment include: + Litter Removal + Surveys and monitoring + Weed Eradication + Fencing + Property tours + Required Reporting + Resident Outreach Johnson Canyon - It is anticipated that the maintenance of Johnson Canyon will be carried out by the Otay Ranch Preserve Owner Manager (paM) with the funding created by CFD 11M. Should the Otay Ranch paM not accept the maintenance of Johnson Canyon then another conservation entity approved by the wildlife agencies and the City will be selected. Maintenance of the Johnson Canyon parcel will include regular inspections to ensure no unauthorized activities occur within the parcel. Additionally, should the paM accept the maintenance responsibility of the Johnson Canyon parcel, management and monitoring activities shall be performed in accordance with the Otay Ranch Resource Management Plan (RMP). Proctor Valley Road . Dirt road maintenance 0 Grading up to 4 times a year G\WJNDOWS\Temparary Internet Fil,,\OLKBJ74\EXHIBIT C - Improvements far ROI A\1J 4-27-04v2.dac P'gol .f "/.L Exhibit C Community Facilities District No. 11M (Rolling Hills Ranch) . City of Chula Vista, California LIST OF AUTHORIZED SERVICES Storm Water Quality Maintenance . Basin located on Lot A of Map 14756, north of Proctor Valley Road 0 Landscaping maintenance 0 Maintenance 0 Monitoring 0 Downstream erosion 0 Environmental Permits . Public drainage structUres within the project including but not limited to, catchbasins at the rear of Lots 35 and 76 of Neighborhood 12 and Lot 51 of Neighborhood 9. Services directly related to removal of contaminants and solids from storm water throughout the District including but not limited to storm drains, catch basin inserts, hydrodynamic devices, infiltration basins, and similar services. SUBSTII11TI-ON OF SERVICES The description of the Services, as set forth above, is general in its natUre. The final narore and location of the Services will be determined upon the preparation of final plans and specifications. The fmal plans may show substitUtes in lieu of, or modification to, the proposed Services in order to provide the public services necessitated by development occurring in the District, and any such substitUtion shall not be a change or modification in the proceedings as long as such substitUte services serve a function or provide a service substantially similar to that function served or the service provided by the Service described above. O\WINOOWS\Tompo"'Y Internet Fil,,\OLKB374\EXHIBrr C -Imp'ovemonts fo, ROI Am 4-27-Q4v2.doc Page 2 P~ß ~Q "t:!.... :¡N .c:.;¡o 00° X - - l c;! .. UI NOOOOCDOOOOO(")I'-'" 00 00 N .... ~S ¡;j-:;;:-~~¡::-~~-~~g-¡::¡:¡-~-¡;j- g-~ ~-~- ~ 9 - ..."'(")""" '" I'-~ (")"'... """ ~~ co .... .. '" ~'" N N :¡ , c .... 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E D..~=E "co> E uoo>1ii 58 (3 g§¡¡~ ~ i~ is E '" 0 = '" ,;;;:g,e¡¡¿.~]¡ 1ií 1!! ~ :ß.¡g ¡¡;-.5 8",~.c=~E ~:;; 15.~:¡;:;;:~ ê;¡¡ ~~~ g-~ Q) 15. I)¡ 0 " ~ Q) ~'1~~~"õ~ ~~~~'¡:~-5 ~ -g<{~:¡¡~-gB UJ "'-g ,,- >.","C ~ g>"':ßi.co~ ffi ~ ~E.c~io" 0.. ~ Bf!!~,,"Co>" X 0 ~æ"'~:¡¡"õ= ~ ~ ~£~Æ~~~ ~ > <{ Êg>8~"C~~ ~ ~ ~ 0Q)~~§æro~ - 0: UJ Z ð~g,"'O"C"E"õ .!!! ~ ~ UJ <{ ~~Q)~~~~~ g - :!: 6::...J E"OC"-Q)c." '" Z ~ UJ <{ :::J"'"cQ)I~roo " ¡ Z ~ ~ :Z~æ!>~~"C ~ ~ 8 ~ ~ <{~ N M § ~ ~ > ~ ~ p-/? RESOLUTION NO. 2004- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ADOPTING A BOUNDARY MAP SHOWING THE BOUNDARIES OF THE TERRITORY PROPOSED FOR THE INCLUSION IN PROPOSED COMMUNITY FACILITIES DISTRICT NO. Il-M (ROLLING HILLS RANCH) WHEREAS, the City Council of the City of Chula Vista, California, desires to initiate proceedings to create a Community Facilities District pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act") and the City of Chula Vista Community Facilities District Ordinance enacted pursuant to the powers reserved by the City of Chula Vista under Sections 3, 5 and 7 of Article XI of the Constitution of the State of California (the "Ordinance") (the Act and the Ordinance may be referred to collectively as the "Community Facilities District Law"). This Community Facilities District shall hereinafter be designated as Community Facilities District No. Il-M (Rolling Hills Ranch) ("District"); and, WHEREAS, there has been submitted a map showing the boundaries of the territory proposed to be included in the District which territory includes the properties and parcels of land proposed to be subj ect to the levy of special taxes by the District. NOW, THEREFORE, IT IS HEREBY RESOLVED: SECTION 1. The above recitals are all true and correct. SECTION 2. The map designated as "Boundaries Of Community Facilities District No. ll-M (Rolling Hills Ranch)" showing the showing the boundaries of the territory proposed to be included in the District which territory includes the properties and parcels ofland proposed to be subject to the levy of a special tax by the District. SECTION 3. A certificate shall be endorsed on the original and on at least one (1) copy of the map of the 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 the hearing on the formation of such 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 for in Sections 311 0 and 3111 of the Streets and Highways Code of the State of California. PREPARED BY: APPROVED AS TO FORM BY: (Ä~~ Jack Griffin Ann Moore Director of General Services City Attorney ;:--/7 RESOLUTION NO. 2004- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, DECLARING ITS INTENTION TO ESTABLISH COMMUNITY FACILITIES DISTRICT NO. ll-M (ROLLING HILLS RANCH) AND TO AUTHORIZE THE LEVY A SPECIAL TAX THEREIN TO FINANCE CERTAIN SERVICES WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA (the "City Council"), desires to initiate proceedings to create a Community Facilities District pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Govemment 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 shall hereinafter be referred to as Community Facilities District No. ll-M (Rolling Hills Ranch) (the "District"); WHEREAS, this City Council is now required to proceed to adopt its Resolution of Intention to initiate the proceedings for the establishment of such District, to set forth the boundaries for such District, to indicate the type of public services to be financed by such District, to indicate a rate and method of apportionment of special taxes proposed to be levied within the District sufficient to finance such services to set a time and place for a public hearing relating to the establishment of such District; and WHEREAS, a map of such District has been submitted showing the boundaries of the territory proposed to be included in the District which territory includes the properties and parcels of land proposed to be subject to the levy of a special tax by the District. NOW, THEREFORE, IT IS HEREBY RESOLVED: SECTION 1. Recitals. The above recitals are all true and correct. SECTION 2. Initiation of Proceedings. These proceedings are initiated by this City Council pursuant to the provisions of the Community Facilities District Law. SECTION 3. Boundaries of District. It is the intention of this City Council to establish the Community Facilities District pursuant to the provisions of the Community Facilities District Law, and to determine the boundaries and parcels on which special taxes may be levied to finance certain services. A description of the boundaries of the territory proposed for inclusion in the District and each Improvement Area therein including properties and parcels of land proposed to be subject to the levy of a special tax by the District is as follows: All that property as shown on a map as previously approved by this City Council, such map designated by the name of this Community Facilities District, a copy of 1 P~ff which is on file in the Office of the City Clerk and shall remain open for public inspection. SECTION 4. Name of District. The proposed Community Facilities District shall be known and designated as "Community Facilities District No. ll-M (Rolling Hills Ranch)." SECTION 5. Description of Services. It is the intention of this City Council to finance certain services that are in addition to those provided in or required for the territory within the District and will not be replacing services already available. A general description of the services to be provided is listed on Exhibit "A" hereof. Any services listed in Exhibit "A" requiring maintenance shall include, but not be limited to, the provision of all labor, material, administration, personnel, equipment and utilities necessary to maintain such habitat conservation areas and such storm water quality control facilities. A portion of the services will be provided to Johnson Canyon, an open space area which is located in the City of San Diego and is adjacent to the City's boundaries. Pursuant to Section 5 of Ordinance 2730, the City is authorized to maintain and operate an open space or habitat area outside ofthe jurisdictional boundaries of the City. SECTION 6. Special Tax. It is hereby further proposed that, except where funds are otherwise available, a special tax sufficient to pay for such services and related incidental expenses authorized by the Community Facilities District Law, secured by recordation of a continuing lien against all non-exempt real property in the District, will be levied annually within the boundaries of the District. Under no circumstances will the special tax authorized to be levied within the District be increased as a consequence of delinquency or default by the owner of any other parcel or parcels used for private residential purposes and located within the District by more than 10 percent. For further particulars as to the rate and method of apportionment of the special tax proposed to be levied, reference is made to the attached and incorporated Exhibit "B", which sets forth in sufficient detail the method of apportionment to allow each landowner or resident within the District to clearly estimate the maximum amount that such person will have to pay for such services. The special taxes herein authorized, to the extent possible, shall be collected in the same manner as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes. Any special taxes that may not be collected on the County tax roll shall be collected through a direct billing procedure by the Treasurer. SECTION 7. Public Hearing. Notice is given that on the 20th day of July, 2004, at the hour of 6 o'clock p.m., in the regular meeting place of the City Council being the Council Chambers, located at 276 4th Avenue, Chula Vista, California, a public hearing will be held where this City Council will consider the establishment of the proposed District, the proposed rate and method of apportionment of the special taxes proposed to be levied within the District, and all other matters as set forth in this resolution of intention. At the above-mentioned time and place for public hearing any persons interested, including taxpayers and property owners may 2 E-/7 appear and be heard. The testimony of all interested persons for or against the establishment of the District, the extent of the District, or the furnishing of the services, will be heard and considered. Any protests may be made orally or in writing. However, any protests pertaining to the regularity or sufficiency of the proceedings shall be in writing and clearly set forth the irregularities and defects to which the objection is made. All written protests shall be filed with the City Clerk of the City Council on or before the time fixed for the public hearing. Written protests may be withdrawn in writing at any time before the conclusion of the public hearing. If a written majority protest against the establishment of the District is filed, the proceedings shall be abandoned. If such majority protest is limited to certain services or portions of the special tax, those services or that tax shall be eliminated by the City Council. SECTION 8. Election. If, following the public hearing described in the Section above, the City Council determines to establish the District and proposes to levy a special tax within the District, the City Council shall then submit the levy of the special taxes to the qualified electors of the District. If at least twelve (12) persons, who need not necessarily be the same twelve (12) persons, have been registered to vote within the District for each of the ninety (90) days preceding the close of the public hearing, the vote shall be by registered voters of the District, with each voter having one (1) vote. Otherwise, the vote shall be by the landowners of such Improvement Area who were the owners of record at the close of the subject hearing, with each landowners or the authorized representative thereof, having one (1) vote for each acre or portion of an acre of land owned within the District. A successful election relating to the special tax authorization shall, as applicable, establish and/or change the appropriations limit as authorized by Article XIIffi of the California Constitution as it is applicable to this District. SECTION 9. Notice. Notice of the time and place of the public hearing shall be given by the City Clerk by causing a Notice of Public Hearing to be published in the legally designated newspaper of general circulation, such publication pursuant to Section 6061 of the Government Code, with such publication to be completed at least seven (7) days prior to the date set for the public hearing. PREPARED BY: APPROVED AS TO FORM BY: U')/ì,~ Jack Griffin Ann Moore Director of General Services City Attorney 3 .p . ,,).j} EXHIBIT "A" COMMUNITY FACILITIES DISTRICT No. ll-M (ROLLING HILLS RANCH) LIST OF AUTHORIZED SERVICES HABITAT MAINTENANCE MSCP Lots C, E, F G, Lot A on Map 14159 & Lot A on Map 14160 . Litter Removal . Surveys and monitoring . Weed Eradication . Fencing . Property tours . Required Reporting Tarplant Management Area - The CFD is proposed to manage the Endowment set up for the maintenance of the Tarplant Management Area. Maintenance responsibilities of the Endowment include: . Litter Removal . Surveys and monitoring . Weed Eradication . Fencing . Property tours . Required Reporting Johnson Canyon - The CFD is proposed funding to the Otay Ranch POM for the maintenance of property within Johnson Canyon. Maintenance responsibilities of the Otay Ranch POM include: . Litter Removal . Surveys and monitoring . Weed Eradication . Fencing . Property tours . Required Reporting A-I F-~/ COMMUNITY FACILITIES DISTRICT No. ll-M (ROLLING HILLS RANCH) LIST OF AUTHORIZED SERVICES STORM WATER QUALITY MAINTENANCE . Basin located on Lot A, north of Proctor Valley Road . Landscaping . Monitoring . Environmental permits Facilities directly related to removal of contaminants and solids from storm water throughout the Improvement Area including but not limited to storm drains, catch basin inserts, hydrodynamic devices, infiltration basins, and similar facilities. SUBSTITUTION OF SERVICES The description of the Services, as set forth above, is general in its nature. The final nature and location of the Services will be determined upon the preparation of final plans and specifications. The final plans may show substitutes in lieu of, or modification to, the proposed Services in order to provide the public services necessitated by development occurring in the District, and any such substitution shall not be a change or modification in the proceedings as long as such substitute services provide a service substantially similar to that function served or the service provided by the Service described above. A-2 ç~.)... Exhibit B Community Facilities District No. ll-M (Rolling Hills Ranch) Rate and Method of Apportionment of Special Tax B-1 P-.¿3 RESOLUTION NO. 2004- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ORDERING AND DIRECTING THE PREPARATION OF A COMMUNITY FACILITIES DISTRICT REPORT FOR PROPOSED COMMUNITY FACILITIES DISTRICT NO. ll-M (ROLLING HILLS RANCH) WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA (the "City Council"), has declared its intention to initiate proceedings to create a Community Facilities District pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act") and the City of Chula Vista Community Facilities District Ordinance enacted pursuant to the powers reserved by the City of Chula Vista under Sections 3, 5 and 7 of Article XI of the Constitution of the State of California (the "Ordinance") (the Act and the Ordinance may be referred to collectively as the "Community Facilities District Law"). This Community Facilities District shall hereinafter be designated as Community Facilities District No. Il-M (Rolling Hills Ranch) (the "District"); and, WHEREAS, this City Council directs, pursuant to the provisions of Section 53321.5 of the Government Code of the State of California, the preparation of a Community Facilities District Report to provide more detailed information relating to the proposed District the services proposed to be financed ftom the proceeds of special taxes to be levied within the District and estimate of the cost of providing such services. NOW, THEREFORE IT IS HEREBY RESOLVED: SECTION 1. The above recitals are all true and correct. SECTION 2. The City Engineer is hereby directed and ordered to prepare a Community Facilities District Report (the "Report") to be presented to this City Council, generally setting forth and containing the following: SERVICES: A full and complete description of the public services proposed to be financed ftom the levy of special taxes within the District. COST ESTIMATE: A general cost estimate setting forth costs of providing such services. SPECIAL TAX: Further information regarding the implementation of the rate and method of apportionment of the special tax proposed to be levied within the District. P-,(,/ SECTION 3. The Report, upon its preparation, shall be submitted to this City Council for review, and the Report shall be made a part of the record of the public hearing on the Resolution of Intention to establish such District. PREPARED BY: APPROVED AS TO FORM BY: CA~~ Jack Griffin Ann Moore Director of General Services City Attorney ff-,{S COUNCIL AGENDA STATEMENT Item-E..- Meeting Date 6/1/04 ITEM TITLE: Resolution approving a First Amendment to the Acquisition /Financing Agreement with Otay Project, LP Community Facilities District No. 08-1 (Otay Ranch, Village 6) SUBMITTED BY: Director of General Services / City Engineer ~ REVIEWED BY: C" M (9-~ r lty anagerk~ ~ (4/5ths Vote: Yes - NolO On September 16, 2003, Council approved the AcquisitionlFinancing Agreement for Community Facilities District 08-1, Otay Ranch Village 6 (Resolution 2003-408). The agreement set forth the conditions and procedures for acquiring certain eligible public improvements within Otay Ranch Village 6 using special tax district bond proceeds. The proposed amendment will allow any roadway that is eligible to be financed by the Transportation Development Impact Fee (TDIF) to also be financed with the bond proceeds ftom CFD 08-1. RECOMMENDATION: That Council adopt the resolution. BOARDS/COMMISSIONS: N/A DISCUSSION: Otay Ranch Village 6 is located south of Olympic Parkway and west of the SR-125 corridor. On January 16, 2003 a Community Facilities District was formed in order to finance public improvements within Village 6; Council approved the Acquisition/Financing Agreement on September 16 and bonds were issued in October 2003. The AcquisitionlFinancing Agreement for CFD 08-1 sets forth the requirements necessary for the developer and the City to use the bond proceeds of the District in order to acquire and finance certain TDIF and non- TDIF-eligible roadways, as well as other public facilities listed in the Agreement. The estimated purchase price of the listed TDIF-eligible roadways, which may be constructed in the short-term and that are required by the Village 6 conditions of approval, is less than the total TDIF obligation of the District. Therefore additional capacity is available under the TDIF limitation to construct and acquire additional TDIF-eligible roadways. The proposed First Amendment generally results in two modifications to the AcquisitionlFinancing Agreement: 1) The developer may be reimbursed from District bond proceeds for constructing any TDIF-eligible roadway improvement; and, 2) The City may choose to construct (but is not obligated to construct) any TDIF- eligible roadway within the Eastern territories and be reimbursed ftom CFD 08-1 bond proceeds. q- / S- Page 2, Item. Meeting Date 6/1/04 The total cost of TDIF improvements that will be acquired with CFD 08-1 bond proceeds will not exceed the total TDIF obligation ofthe District. Staff and Bond Counsel have reviewed the proposed amendment and recommend Council approval. ENVIRONMENTAL STATEMENT: 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) ofthe State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary at this time; however, future implementation of projects that have the potential to result in adverse environmental effects will require subsequent environmental review in accordance with CEQA. FISCAL IMPACT: There is no impact to the General Fund. Construction costs incurred by the City for additional TDIF-eligible roadways will be fully reimbursed by CFD 08-1 through the acquisition process. Attachments: 1. Original Acquisition and Finance Agreement for CFD 08-1, (Otay Ranch Village 6) 2. Strikeout/underlined text of proposed changes to Agreement Exhibits: A. First Amendment to the Acquisition / Financing Agreement J:\EngineerIAGENDAICAS First Amendment to AF Agmt - CFDO8-l.cbl.doc q--? -- ATTACHMENT .....L- ExECUTION COpy ACQUISITION/FINANCING AGREEMENT THIS AGREEMENT, dated as of September 16, 2003, is made and entered into by and between the CITY OF CHULA VISTA, a charter city duly organized and validly existing under the Constitution and laws of the State of California, (the "City"), COMMUNITY FACILITIES DISTRICT NO. 08-1 (OTAY RANCH VILLAGE SIX), a community facilities district formed and existing pursuant to the laws of the State of California (the "CFD No. 08-1") and OTAY PROJECT, L.P., a California linùted liability company (the "Developer'~. WHEREAS, the Developer is the master developer of certain property within that portion of the City known as the Otay Ranch Village Six (the "Development Project") and Developer has obtained certain land use entitlements ftom the City which pennit the development of the Development Project; and WHEREAS, the development of the Development Project pursuant to such land use entitlements is subject to certain conditions, including but not linùted to, the requirement that the Developer construct certain public improvements to serve the Development Project including the improvements identified as Improvements Nos. 1 through 23 in Exhibit A attached hereto and incorporated herein by this reference (the "Development Project Improvements'~ ; and WHEREAS, such land use entitlements also describe the threshold of building permits that may be issued for the Development Project as the result of traffic impacts on roadways within the City; and WHEREAS, the City's Growth Management Oversight Committee, in its annual threshold compliance report, noted that development in the eastem portion of the City which includes the Development Project was starting to strain the capacity of existing roadways resulting in added congestion and traffic delays; and WHEREAS, the City has detennined that it is necessary to expedite the construction of certain traffic enhancement projects, including the Traffic Enhancement Improvements defined below (individua11y, a "Traffic Enhancement Improvement" and collectively, the "Traffic Enhancement Improvements"), located in the eastern part of the City in order to maintain the City's threshold standard and quality of life until the completion of more of the overall transportation network in the eastern part of the City; and WHEREAS, in order for the Developer and the master developers of other properties located in the City east of the I-80S fteeway to continue to receive building pennits beyond the current thresholds identified in the existing land use entitlements for the Development Project and other developments in the eastern portion of the City, such developers must contribute to the financing of the construction of the Traffic Enhancement Improvements; and WHEREAS, in order to provide for the financing of one of the Traffic Enhancement Improvements, the Developer, together with certain other master developers (the "Other Master 1 q.2 -.....; ~dÐð3-'ft?& - ___0___- -------- - ExECUTION COpy Developers"), have entered into that certain Agreement for the Construction of Roadway Improvements for Traffic Enhancement (the "Traffic Enhancement Improvement Agreement") made as of . 2002, to establish a system for the financing and construction of certain roadway improvements identified in the Traffic Enhancement Improvement Agreement (the "Traffic Enhancement Improvements"); and WHEREAS, the Developer requested that the City consider and the City did consider and fonn CFD No. 08-1 under the terms and conditions of the 'Mello-Roos Community Facilities Act of 1982," as amended (Government Code Section 53311 and following) (the "Act"), for the purpose of financing the acquisition or construction of the Development Project Improvements and Developer's fair share of the cost of the acquisition or construction of the Traffic Enhancement Improvements, together with appurtenances and appurtenant work (the Development Project Improvements and the Traffic Enhancement Improvements are refeJTed to herein individually as an "Improvement" or collectively as the "Improvements"); and, WHEREAS, Developer, in order to proceed in a timely way with development of the Development Project, desires to construct certain of the Improvements that will, following the completion of the construction thereof, be acquired, owned, operated and maintained by the City; and, WHEREAS, Developer, in order to meet its obligations under the Traffic Enhancement Improvement Agreement and under any future agreement that the Developer may enter with the City to finance the Developer's share, if any, of cost of the construction of other Traffic Enhancement Improvements (a "Future Traffic Enhancement Improvement Agreement"), also desires to finance its Fair Share (as such term is defined in the Traffic Enhancement Improvement Agreement) of the cost of the design of, grading for and construction of the Traffic Enhancement Improvements and its fair share as established by any Future Traffic Enhancement Improvement Agreement ("Additional Fair Share") of the cost of the construction of any other Traffic Enhancement Improvements; and, WHEREAS, the City, CFD No. 08-1 and Developer agree that the Improvements to be constructed by the Developer may, upon the completion of the construction thereof, be acquired by the City through financing provided by CFD No. 08-1 at prices determined pursuant to and in accordance with the provisions of this Agreement; provided, however, (a) if the Developer constructs any Traffic Enhancement Improvements only that portion of the cost of construction of such Traffic Enhancement Improvements representing the Developer's Fair Share of such costs shall be paid pursuant to the terms and conditions of this Agreement and the reimbursement to the Developer of the costs, if any, of construction of such Traffic Enhancement Improvements which are allocable to the Other Master Developers pursuant to the Traffic Enhancement Improvement Agreement shall be governed by the tenns and conditions of thereof and (b) if the Developer constructs any other Traffic Enhancement Improvement only that portion of the cost of construction of such Traffic Enhancement Improvement representing the Developer's Future Fair Share of such costs shall be paid pursuant to the terms and conditions of this Agreement and the reimbursement to the Developer of the costs, if any, of construction of such Traffic Enhancement Improvement which are allocable to other parties pursuant to 2 t:j ii. ~ ¡ ExECUTION COpy a Future Traffic Enhancement hnprovement Agreement applicable to such Traffic Enhancement Improvement shall be govemed by the tenns and conditions of thereof; and, WHEREAS, except for the reimbursement of (a) the costs of construction of Traffic Enhancement Improvements constructed by the Developer which are allocable to Other Master Developers pursuant to the Traffic Enhancement Improvement Agreement or (b) the costs of construction of any other Traffic Enhancement Improvement constructed by the Developer which are allocable to any other party pursuant to a Future Traffic Enhancement Improvement Agreement applicable to such Traffic Enhancement Improvement, the City and the Developer further agree that payment by the City for the acquisition of the Improvements sha11 be funded solely from the proceeds of bonds which shan be issued by CFD No. 08-1 and which shall be secured by the levy of special taxes within CFD No. 08-1; and, WHEREAS, it is the intent of this Agreement that Developer sha11 be entitled pursuant to the provisions of this Agreement to be paid for each of the Improvements constructed by the Developer at the prices as detennined by the City pursuant to this Agreement upon: (a) the sale and delivCI)' of bonds by CFD No. 08-1 the proceeds of which shall be authorized and designated to make the payments to acquire such Improvements and (b) the completion of the construction of each such Improvement; and, WHEREAS, CFD No. 08-1 is willing to finance the acquisition of and acquire the Improvements to be constructed by the Developer and to finance the Developer's Fair Share of the cost of the Traffic Enhancement Improvements if constructed by a party other than the Developer subject to the requirements of the Act, the City of Chula Vista Statement of Goals and Policies Regarding the Establishment of Community Facilities Districts adopted by the City Council (the "Goals and Policies"), this Agreement, the Traffic Enhancement Improvement Agreement and any Future Traffic Enhancement Improvement Agreement and Developer desires that CFD No. 08-1 so finance the acquisition and acquire such Improvements and finance Developer's Fair Share of the cost of the Traffic Enhancement Improvements and Developer's Future Fair Share, if any, of the cost of other Traffic Enhancement Improvements. NOW, THEREFORE, IT IS MU1UALL Y AGREED between the respective parties as follows: SECTION 1. Recitals. The above recitals are all true and correct. SECTION 2. Plans aIId Specifications. A1l plans, specifications and bid docwnents for the Improvements (the "Plans and Specifications") and all changes in the Plans and Specifications necessitated by change orders shall be prepared by the Developer at the Developer's initial expense, subject to City approval. The costs of acquisition of such Improvements sha11 include costs of the preparation of the Plans and Specifications and all related documentation as set forth in Section 7 below. 3 q-5 ExEcuTION COpy Developer shall not award bids for construction, commence construction or cause commencement of construction of an Improvement lUItil the Plans and Specifications for such Improvement have been approved by the City. SECTION 3. Design, Bid and Construction of Improvements. Developer covenants and agrees that each Improvement to be acquired fìum Developer pursuant to this Agreement shall be designed, bid and constructed (a) in substantial compliance with the approved Plans and Specifications for such Improvement; (b) in a good and workmanlike manner by well-trained adequately supervised workers; (c) in strict compliance with all governmental and quasi-governmental nùes, regulations, laws, building codes and all requirements ofDevelopeI's insurers and lenders; (d) ftee of any known design flaws and defects; and (e) in compliance with the requirements of Ex1uòit C hereto which is inCOlpOrated herein by this reference. SECTION 4. Inspection and Acceptance of the Improvements. The construction activities relating to the Improvements shall be subject at all reasonable times to inspection by authorized representatives of City. Once an Improvement to be acquired by City is substantially completed in accordance with the approved Plans and Specifications, then such Improvement shall be eligible for payment of the Base Increment of the Purchase Price (as defined in Section 7 below) therefor. Prior to acceptance of any Improvement by City for purposes of paying the Retained Increment (as defined in Section 8 below) of the Purchase Price, the Developer shall provide to the City Engineer of the City, or his or her designee (the "City Engineer"), the documentation set forth in this Section 4 and Section 8( c )(ü) below and obtain approval of as-built drawings for the Improvement in accordance with the process described below in this Section 4. The engineer of record for the Improvement ("Engineer of Record") shall file fonn PW-E-106 (Request for Release of Bonds) with the City Engineer. Within 20 working days of such filing, the field inspector of the City ("Field Inspector") or designee shall issue and transmit to the Engineer of Record a letter requesting (i) as-built drawings and soils reports (when applicable) and (ii) a plUlchlist of work to be completed or corrections to work to be completed before the Improvement will be eligible for payment of the Retained Increment Within 20 working days of receipt of the Field Inspector's letter, the Engineer ofRecorg shall prepare redline as-built drawings and submit them, together with any necessary soils reports, to the Field Inspector and the Developer shall complete the items of work and/or COJTections specified in the plUlChlist. Within 10 working days of the Engineer of Record's submittal of the red lined as-built drawings, the Field Inspector shall review such drawings and provide comments. The Engineer of Record shall revise the redline as-built drawings per the Field Inspector's comments and resubmit within 10 working days. The Field Inspector shall make 4 1-6 ExECUTION COpy his final review within 5 working days of the Engineer of Record's resubmittal and notifY the Engineer of Record to prepare mylar as-built drawings and a microfiche copy and submit both to the Public Works Director or his designee and notifY the Developer of any puncblist items which remain to be completed The City and Developer shall make best efforts to perfonn within the time periods described above. The inability of City or Developer to perfonn within each time period, notwithstanding its best efforts, sha11 not constitute a breach of this Agreement. SECTION 5. Warranty of Improvements. At all times prior to the City's acceptance of an Improvement, the Developer sha11 be responsible for maintaining the Improvement at the Developer's expense. The Developer shall be obligated for the period of twelve (12) months immediately following the City's acceptance of an Improvement to repair or replace, at Developer's expense, any defects or failures resulting from the work of Developer, its contractors or agents. Upon the expiration of such twelve (12) month period, Developer shall assign to City and CFD No. 08-1 its rights in and to any warranties, guarantees or other evidence of contingent obligations of third persons with respect to such Improvement. As a condition precedent to the payment of the Retained Increment (as defined in Section 8 below) of the Purchase Price, Developer shall post a maintenance bond in a form reasonably approved by the City, cause such a maintenance bond to be posted, or assign Developer's rights under such a maintenance bond naming City and/or CFD No. 08-1 as beneficiary in an amount equal to fifteen percent (15%) of the Purchase Price of the Improvement in order to secure Developer's obligations pursuant to this Section. Upon posting of such maintenance bond, the City shall release any perfonnance, labor and material bonds for such Improvement. SECTION 6. Notice of Completion and Lien Releases. Upon completion of the construction of an Improvement, Developer sha11 notifY the City Engineer in writing of such completion and shall prepare and execute a Notice of Completion for such hnprovement in the form prescribed by Section 3093 of the California Civil Code and shall record such notice in the Official Records of the County of San Diego. Developer sha11 cause its contractors to provide unconditional lien releases for such hnprovement in accordance with Section 3262 of the Civil Code. Notwithstanding the foregoing, City may waive the requirement for a Notice of Completion and lien releases if City detennines that as of the date of payment of the Retained Increment of the Purchase Price for an Improvement, title to such Improvement or portion thereof satisfies the requirements for Acceptable Title (as hereinafter defined). SECTION 7. Construction of the Traffic Enhancement Improvements or other Traffic Enhancement Improvements. If and to the extent that the provisions of the Traffic Enhancement Improvement Agreement or Future Traffic Enhancement hnprovement Agreement pertaining to the design, construction, acceptance and warranty of the Traffic Enhancement Improvements or any other Traffic Enhancement Improvements conflict with the provisions of this Agreement, the provisions of the Traffic Enhancement Improvement Agreement or Future Traffic Enhancement Improvement Agreement, as applicable, sha11 prevail over the conflicting provisions of this Agreement 5 Q.7 ExECUTION COpy SECTION 8. Payment of Purchase Price. (a) Amount of Purchase Price. The amount to be paid by City for the Improvements to be constructed by and acquired fÌ"Om Developer (the "Purchase Price") shall, as to each such Improvement, (i) be detemùned by City in accordance with the provisions of this Section 8, (ii) equal the lesser of the cost or the value thereo~ (ill) include the reasonable cost or value of eligible appurtenant public facilities, (iv) include the costs of the title insur;mce policy described in Section 9 (a), and (v) include all other costs of construction and incidental costs eligible under the Act and the Goals and Policies as a part of the cost of the Improvements; provided, however, the Purchase Price to be paid pursuant to this Agreement for (y) any Traffic Enhancement Improvements constructed by the Developer shall not exceed the Developer's Fair Share of the cost of the construction of such Roadway Improvements detemùned pursuant to the provisions of the Traffic Enhancement Agreement or (z) any other Traffic Enhancement Improvement constructed by Developer shall not exceed the Developer's Future Fair Share of the cost of construction of such Traffic Enhancement Improvement detemùned pursuant to the provisions of the applicable Future Traffic Enhancement Improvement Agreement, and provided further that the aggregate Purchase Price for any Improvement included in the City's Traffic Development Impact Fee ("TDIF") program shall not exceed the aggregate TDIF obligation for the property within CFD No. 08-1. Incidental costs eligible to be included in the Purchase Price of any Improvement shall include the following: (i) Usual and customal)' design and engineering costs not to exceed the following percentages: a. Civil engineering - 7.5% of the cost of the construction of the Improvement for which the service was perfonned. b. Soils engineering - 15% of the cost of the grading for the Improvement c. Landscape architecture - 10% of the cost of applicable landscaping and irrigation relating to the Improvement d. Survey and construction staking - 2% of the combined cost of the construction ~ and grading for the Improvement e. Utility engineering/coordination - 3% of the cost of the construction of the applicable d1y utilities. (il) Construction administration and supervision not to exceed, in aggregate, 1.75% of the total construction cost of the Improvement. 6 9-2 ExECUTION COpy (iii) Special engineering studies related to "collector" or "transmission" fàcilities as reviewed and approved by the Public Works Director. (iv) Plan check and inspection fees (less any refunds). (v) Capacity or connection fees related solely to the Improvement. (VI) Costs of acquisition of off-site rights-of-way and/or easements including the following: a. Appraisal and title insurance costs. b. Costs of preparing acquisition plats. c. The appraised value or actual cost of right-of-way or easement, whichever is less. d. Legal fees and costs related to eminent domain proceedings approved by the City Attorney. (viJ.) Costs of environmental review, pennitting and mitigation related to the Improvement. In no event shall the cost or value of the construction of the Improvements be deemed to exceed the construction contract prices set forth in the contracts and change orders approved by City ("Approved Change Orders') pursuant to the applicable provisions of Exhibit "C" hereto, which is incorporated herein by this reference, or otherwise authorized pursuant to this Agreement. Notwithstanding the foregoing, the aggregate Purchase Price of the acquisition of all new utilities to be owned by a public utility or public utilities may not exceed 5% of the proceeds of the series of the Bonds to be utilized to pay such Purchase Price less that portion of the reserve fund, costs of issuance and other incidental costs allocable to such amount. (b) Incremental Payment of Purchase Price of an Improvement other than a Traffic Enhancement Imorovement. The Purchase Price for any Improvement constructed by the Developer, other than a Traffic Enhancement Improvement, shall be payable in not to exceed two increments: (i) the "Base Increment" which shall be an amount equal to 75% of the audited, eligible costs as reflected in the written request for payment of the Base Increment submitted by the Developer and as approved by the Director of Public Works and shall not exceed 75% of the the cost estimate set forth in Exhibit A for such Improvement; and (ii) the "Retained Increment" which shall be an amount not to exceed the remaining, unpaid portion of the Purchase Price for such Improvement detennined pursuant to the provisions of (a) above.. 7 ,~ ~ '/- ¿Î ExECUTION COpy (C) R.eQuisition for Incremental Payment of Purchase Price of an Improvement other than a Traffic Enhancement Improvement. (i) Base Increment. (i) Base Increment. The Developer may submit only one (1) written request to the City Engineer for the payment of the Base Increment for an Improvement, other than a Traffic Enhancement Improvement, upon the substantial completion of the construction of such Improvement in accordance with the approved Plans and Specifications. The criteria for detennining "substantial completion" of each such Improvement is described in Exhibit B and shall mean generally that construction, or work with respect to such Improvement has progressed to the point where it is sufficiently complete so that such Improvement can be utilized for the pwpose for which it was intended. Substantial completion of such an Improvement shall also mean that all components of such Improvement are substan1ia11y complete, e.g., in the case of Improvement including streets (other than streets included in the Traffic Enhancement Improvements), the components are described in footnote 1 to Exhibit A. Each Base Increment payment request must be in the fonn attached hereto as Exhibit D-l, which is incorporated herein by this reference, and confonn to the requirements of (f) below. The request for payment of the Base Increment for an Improvement shall be accompanied by a copy of the following documents related to the construction of such Improvement: (1) each construction contract and copy of bid notice for such contract, (2) each change order, (3) each invoice submitted pursuant to such construction contracts, (4) evidence of payment of each such invoice such as copies of cancelled checks or other evidence of payment satisfactory to the City Engineer, and (5) written conditional lien releases executed by each applicable contractor, subcontractor and materiahnan in a fonn satisfactory to the City Attorney of the City (the "City Attorney") for such Improvement. (il) Retained Increment. The Developer may submit only one (1) written request to the City Engineer for the payment of the Retained Increment for an Improvement, other than a Traffic Enhancement Improvement, in the fonn attached hereto as Exhibit D-2, which is incorporated herein by this reference, upon the submission to the City Engineer of (1) as-b1Últ drawings or other eq1Úvalent plans and specifications for such Improvement in a fonn reasonably acceptable to the City, (2) evidence that the Developer has posted a maintenance bond for such Improvement as required by Section 5 hereinabove, (3) evidence of the satisfaction of the requirements of Section 10 hereinbelow directly related to such Improvement and (4) written unconditional lien releases ftom all contractors, subcontractors and materialmen satisfactory to the City Attorney for such Improvement. For any costs not included in the Developer's written request for payment of the Base Increment but requested for payment in the Retained Increment the request shall confonn to the requirements of (f) below and also be accompanied by the following documents related to such additional costs of the construction of such Improvement if not done so with the written request for payment of the Base Increment: (1) each construction contract, (2) each change order, (3) each invoice submitted pursuant to such construction contracts, and (4) evidence of payment of each such invoice such as copies of cancelled checks or other evidence of payment satisfactory to the City Engineer. 8 q - /.r¡ ,L/ ExEcuTION COpy (d) Incremental Payment of Purchase Price of Traffic Enhancement Improvements. The Purchase Price for any Traffic Enhancement Improvement sha11 be payable in not to exceed two increments: the "Base Increment" which shall be an amount not to exceed 50% of (i) the Developer's Fair Share of the cost of the construction of such Traffic Enhancement Improvement or (ii) the Developer's Future Fair Share of the cost of construction of any other Traffic Enhancement Improvement, as applicable, and the "Retrined Increment" which shall be an amount not to exceed the remaining, unpaid portion of (y) the Developer's Fair Share of the cost of the Traffic Enhancement Improvement or (z) the Developer's Future Fair Share of the cost of any other Traffic Enhancement Improvement, as applicable. (e) Requisition for Incremental Payment ofPurcbase Price of a Traffic Enhancement ImProvement. (i) Base Increment. The Developer may submit a written request to the City Engineer in the form attached hereto as Exhibit D - 3, which is incorporated herein by this reference, for the payment of all or any portion of the Base Increment for a Traffic Enhancement Improvement upon the completion of fifty percent (50%) the construction by the Developer of such Traffic Enhancement Improvement A Traffic Enhancement Improvement will be deemed to be 50% complete when the City Engineer bas determined that the Developer bas expended an amount equal to 50% of the contract price for such Traffic Enhancement Improvement (u) Retained Increment. The Developer may submit a written request to the City Engineer for the payment of the Retained Increment for a Traffic Enhancement Improvement in the form attached hereto as Exhibit D - 4, which is incorporated herein by this reference, upon the completion of the construction of such Traffic Enhancement Improvement and acceptance thereof by the City. (m) Required Documentation. Any request for payment of the Base Increment, Retained Increment or any portion thereof of the Purchase Price for a Traffic Enhancement Improvement constructed by the Developer shall be accompanied by a copy of the following documents related to the construction of such Traffic Enhancement Improvement and the payment requested in such request for paymeot: (1) evidence of payment of each invoice such as copies of cancelled checks or other evidence of payment satisfactory to the City Engineer upon which the request for payment is based and (2) written conditional lien releases executed by each applicable contractor, subcontractor and materialman in a form satisfactory to the City Attorney. (f) Documentation Any payment request submitted by Developer shall be properly executed and shall include copies of all supporting documents required by subsection (c)(i), (c), (d) or (e), as applicable. (g) Review of Payment Request for an ImProvement. The City Engineer or his designee shall review each payment request and the supporting documentation accompanying such payment request. If the City Engineer finds that any such payment request is incomplete, improper or othetWise not suitable for approval, the City Engineer shall inform Developer in writing within twenty (20) worlàng 9 '7-// ExECUTION COpy days after receipt thereof, the reasons for his finding. Developer shall have the right to respond to this finding by submitting further documentation after receipt of the denial. The City Engineer shall review any further documentation received fiom the Developer in support of a payment request and infonn Developer of his approval or denial of the payment request as supplemented in accordance with this Section within ten (10) working days after receipt of the supplemental documentation. A resubmittal of a payment request shall be deemed a new payment request for pmposes of this Section. Subject to the limitations set forth herein, costs incurred under a construction con1ract for an Improvement entered into pursuant to the requirements of this Agreement, the Traffic Enhancement Improvement Agreement or a Future Traffic Enhancement Improvement Agreement, as applicable, and Approved Change Orders shall be deemed to be reasonable and, subject to the other provisions of this Agreement, shall be included in the Purchase Price for such Improvement. The City Engineer shall, after the sale of the series of Bonds (defined in Section 20 below) pursuant to Section 20 the proceeds of which are intended to be used to acquire the subject Improvements and after his or her approval of a payment request, immediately forward a request to the Director of Finance of the City notifYing the Director of Finance of his or her approval of the payment request and requesting that such payment be made to the appropriate payee. The Director of Finance shall process any such request of the City Engineer pursuant to the applicable procedures of the Finance Department and shall make or authorize such payment pursuant to such procedures and subsection (11) below. (h) ~. (i) Priority of Payment of Cost of Construction or Purchase Price for Improvements. The City and the Developer acknowledge and agree that the cost of acquisition or construction of all Improvements may exceed the aggregate amount of the Bond proceeds which will be available for the payment of that portion of cost of construction or the Purchase Price, as applicable, for all of such Improvements eligible to be paid fiom the proceeds of the Bonds. As a result the City and Developer agree that the payment of the cost of construction or the Purchase Price, as applicable, for Improvements shall be prioritized as follows: Priority 1: Improvement Nos. 1,21 and 22 in Exhibit A. Priority 2: Improvement Nos. 2 through 20 and 23 in Exhibit A. The cost of construction or Purchase Price for any lower priority Improvement shall not be paid until the cost of construction or Purchase Price for all higher priority Improvements has been paid or if sufficient proceeds of the Bonds are reasonably detennined to be available to fully fund the cost of construction or Purchase Price of the higher priority Improvements, e.g., such funds have been deposited in a separate account or sub-account and the use of such funds has been restricted to funding the cost of construction or the Purchase Price of such higher 10 '7- " .;..... ExECUTION COpy priority Improvements, based upon the estimates of the cost of construction or the estimates or approved Purchase Prices, as applicable, for such higher priority Improvements on Exhibit A. en) Timing of the Payment of. the Purchase Price for an Improvement. Subject to the limitations contained in (i) above and (iii) and (iv) below, the increment of the Purchase Price for each Improvement shall be paid to Developer within thirty (30) days after the date of the City Engineer's approval of the payment request for any such increment; provided, however, no Retained Increment for any hnprovement other than Traffic Enhancement Improvements shall be paid earlier than thirty-five (35) days after the recording of a Notice of Completion for such Improvement em) Source of Payment. The Purchase Price or any increment thereof for an Improvement shall be payable to 1he Developer solely ftom those proceeds ("Eligible hnprovement Proceeds") of the sale of that series of Bonds as provided in Section 20 hereof authorized and designated for the payment for such hnprovement, after all costs of formation of CFD No. 08-1 and all costs of issuance of such Bonds have been paid and deposits of accrued and capitalized interest to the redemption fund and the initial deposit to 1he reserve fund have been made. (iv) Withholding of Payment. In addition to 1he foregoing, the City shall have the right to withhold payment of the Purchase Price or any increment thereof of any Improvement if (a) the Developer is delinquent in the payment of any assessment instalhnents or special taxes levied by 1he City or a community facilities district established by 1he City on properties then owned by the Developer within CFD No. 08-1, (b) the City Engineer reasonably detennines that the Developer is not then in substantial compliance with all applicable conditions and obligations imposed upon the Developer hereunder or upon the Development pursuant to the land use entitlements approved by the City for 1he Development, including but not limited to, payment of all applicable fees, dedication of all applicable rights-of-way or other property and construction of all applicable public improvements. The City Engineer shall provide written notice to the Developer of the decision to withhold any such payment and shall specifY the reason for such decision. If 1he payment is withheld as a result of the delinquency in 1he payment of assessment installments or special taxes, the notice shall identifY the delinquent parcels and the amount of such delinquency. If 1he payment is withheld as a result of substantial non-wmpliance with a condition or obligation, the notice shall specifY such condition or obligation and what action will be necessary by the Developer to substantially comply with such condition or obligation. Upon receipt by the City Engineer of evidence reasonably satisfactory to the City Engineer of the payment of the delinquent special taxes or assessments or upon the detennination by the City Engineer that the Developer has substantially complied with the subject condition or obligation, the City shall forthwith make any payment which has been withheld pursuant to the provisions of this paragraph. 11 ~7'/3 ExECUTION COpy SECTION 9. Financing of Developer's Fair Share or Future Fair Share. (a) Financing DevelOPer's Fair Share of Traffic Enhancement Improvements. (i) Traffic Enhancement Improvement Account. Subject to adjustment as provided for in the following paragraph, a portion of the proceeds of the Bonds in an amount equal to the Developer's Fair Share, currently estimated to be $1,000,000 shall be deposited in a separate account (the "Traffic Enhancement Improvement Account") to be established pursuant to the bond indenture setting forth the terms and conditions pursuant to which the Bonds shall be issued and sold (the "Bond Indenture"). Pwsuant to the requirements of this Section 9(a), the City may fiom time to time authorize the disbursement of funds on deposit in the Traffic Enhancement Improvement Account to pay for the acquisition or construction of the Traffic Enhancement Improvements in accordance with the provision hereof and the Traffic Enhancement Improvement Agreement (n) Adjustment of Developer's Fair Share. The Developer's Fair Share is subject to adjustment pursuant to the terms of the Traffic Enhancement Improvement Agreement. If the Fair Share specified in the preceding paragraph is modified pursuant to the Traffic Enhancement Improvement Agreement subsequent to the issuance of the Bonds, the portion of the proceeds of the Bonds deposited in the Traffic Enhancement Improvement Account shall be increased or reduced, as applicable, to equal the Fair Share as modified. If the Fair Share is modified so that the amount on deposit in the Traffic Enhancement Improvement Account then exceeds the Fair Share as modified, the City shall authorize the release of such excess amount from the Traffic Enhancement Improvement Account and the transfer of such amount therefrom pursuant to the provisions of the Bond Indenture. If the Fair Share is modified so that the amount on deposit in the Traffic Enhancement Improvement Account, together with all prior disbursements fiom the Traffic Enhancement Improvement Account to pay Developer's Fair Share of the cost of construction of the Traffic Enhancement Improvements, is then less than the Fair Share as modified, the City shall notifY the Developer in writing of such deficit and request that the Developer deposit funds in the amount of such deficit with Director of Finance within fifteen (15) business days of the date of such notice. If the Developer fails to deposit such funds with such time period, the City may authorize the transfer of an amount equal to such deficit fiom Eligible Improvement Proceeds to the Traffic Enhancement Improvement Account. (ill) Construction of Traffic Enhancement Improvements by Party Other than Developer. If the Traffic Enhancement Improvements are cons1ructed pursuant to the Traffic Enhancement Improvement Agreement by a party other than the Developer, the City may request pursuant to the Traffic Enhancement Improvement Agreement that the Fiscal Agent disburse funds from the Traffic Enhancement Improvement Account to pay Developer's Fair Share of the cost of construction of the Traffic Enhancement Improvements pun¡uant to the Traffic Enhancement Agreement. (iv) Surplus Funds. If funds remain on deposit in the Traffic Enhancement Improvement Account upon completion of the construction or acquisition of Traffic Enhancement Improvements and the payment of Developer's final Fair Share amount, such funds shall be released fiom the reservation 12 /- I' I c 1-1'"1" ExECUTION COpy established pursuant to this Section 9(a) and such funds shall be made available to pay the Purchase Price of other Improvements. In the event that the City elects not to require the construction or acquisition of all or some portion of the Traffic Enhancement Improvements, the funds then on deposit in the Traffic Enhancement Improvement Account and not then allocated or necessary to pay Developer's Fair Share of the costs of the acquisition or construction of Traffic Enhancement Improvements shall be released from the reservation established pursuant to this Section 9(a) and such funds shall be made available to pay the Purchase Price of other Improvements. (v) Limitation on Use of Funds in Traffic Enhancement Improvement Account. Except as provided in this Section 9(a), funds on deposit in the Traffic Enhancement Improvement Account may not be utilized to pay all or any portion of the Purchase Price of any other Improvements. (vi) Investment of Funds on Deposit in Traffic Enhancement Improvement Account. The Bond Indenture shall provide that all funds on deposit in the Traffic Enhancement Improvement Account shall be invested in such permitted investments as may be established by the terms of the Bond Indenture. All earnings on such investments shall be deposited in the improvement fund established by the Bond Indenture and shall be available to pay for the acquisition or constroction of the Improvements pursuant to the tenns of such Bond Indenture and this Agreement (b) Financing DeveloPers Future Fair Share of other Traffic Enhancement Improvements. (i) Traffic Enhancement Improvement Account. Subject to adjustment as provided for in the following paragraph, a portion of the proceeds of the Bonds in an amount equal to the Developer's Future Fair Share of the cost of the acquisition or construction of other Traffic Enhancement Improvements may be deposited in the Traffic Enhancement Improvement Account Pursuant to the requirements of this Section 9(b), the City may from time to time authorize the disbursement of funds on deposit in the Traffic Enhancement Improvement Account to pay for the acquisition or construction of other Traffic Enhancement Improvements in accordance with the provision hereof and the Future Traffic Enhancement Improvement Agreement (n) Adjustment of Developer's Future Fair Share. The Developers Future Fair Share is subject to adjustment pursuant to the terms of the Future Traffic Enhancement Improvement Agreement If the Future Fair Share specified in the preceding paragraph is modified pursuant to the Future Traffic Enhancement Improvement Agreement subsequent to the issuance of the Bonds, the portion of the proceeds of the Bonds deposited in the Traffic Enhancement Improvement Account shall be increased or reduced, as applicable, to equal the Future, Fair Share as modified. If the Future Fair Share is modified so that the amount on deposit in the Traffic Enhancement Improvement Account then exceeds the Future Fair Share as modified, the City shall authorize the release of such excess amount from the Traffic Enhancement Improvement Account and the transfer of such amount therefrom pursuant to the provisions of the Bond Indenture. If the Future Fair Share is modified so that the amount on deposit in the Traffic Enhancement Improvement Account, together with all prior disbursements from 13 ../5 ExECUTION COpy the Traffic Enhancement Improvement Account to pay Developer's Future Fair Share of the cost of construction of other Traffic Enhancement Improvements, is then less than the Future Fair Share as modified, the City shall notifY the Developer in writing of such deficit and request that the Developer deposit funds in the amount of such deficit with Director of Finance within fifteen (15) business days of the date of such notice. If the Developer fails to deposit such funds with such time period, the City may authorize the transfer of an amount equal to such deficit fiom Eligible Improvement Proceeds to the Traffic Enhancement Improvement Account. (iii) Construction of Traffic Enhancement Improvements by Party Other than Developer. If other Traffic Enhancement Improvements are constructed pursuant to the Future Traffic Enhancement Improvement Agreement by a party other than the Developer, the City may request pursuant to the Future Traffic Enhancement Improvement Agreement that the Fiscal Agent disburse funds fÌ'Om the Traffic Enhancement Improvement Account to pay Developer's Future Fair Share of the cost of construction of other Traffic Enhancement Improvements pursuant to the Future Traffic Enhancement Improvement Agreement (iv) Surplus Funds. If fi.mds remain on deposit in the Traffic Enhancement Improvement Account upon completion of the construction or acquisition of Traffic Enhancement Improvements and the payment of Developer's final Future Fair Share amount, such funds shall be released fÌ'Om the reservation established pursuant to this Section 9(b) and such funds shall be made available to pay the Purchase Price of other Improvements. In the event that the City elects not to require the construction or acquisition of all or some portion of other Traffic Enhancement Improvements, the funds then on deposit in the Traffic Enhancement Improvement Account and not then allocated or necessmy to pay Developer's Future Fair Share of the costs of the acquisition or construction of Traffic Enhancement Improvements shall be released fÌ'Om the reservation established pursuant to this Section 9(b) and such funds shall be made available to pay the Purchase Price of other Improvements. SECTION 10. Audit. The authorized representatives of City shall have the right, upon two (2) days prior written notice to Developer and during nonnal business hours, to review all books and records of Developer pertaining to costs and expenses incurred by Developer in construction of the Improvements. SECTION 11. Ownership and Transfer of Improvements. The conveyance of the Improvements by Developer to City shall be in accordance with the following procedures: (a) Improvements Constructed on Land not Owned bv City. As a condition to the payment of the Retained Increment of the Purchase Price, Developer shall cause an irrevocable offer of dedication to be made to City or an outright grant of a fee interest or easement interest as appropriate, in the sole discretion of the City of the appropriate right, title and interest in and to the portion of the applicable property owned by the Developer related to the applicable Improvement, including any temporal)' construction or access easements. Developer, whether 14 qc ExECUTION COpy or not it is the entity constructing the Improvements, agrees to execute and deliver to the City the documents required to complete the transfer of Acceptable Title for property owned by the Developer upon or within which such Improvements are to be located. For purposes of this Agreement, the tenn "Acceptable Title" shall mean title to the portion of the property to be conveyed free and clear of all taxes, liens, encumbrances, assessments, easements, leases, whether any such item is recorded or unrecorded, except (i) non-delinquent taxes and assessments and (ü) those non-monetary encumbrances and easements which are reasonably detennined by the City not to interfere with the intended use of the portion of the property. As a further condition to the payment of the Retained Increment of the Purchase Price for any Improvement, Developer at its sole initial cost and expense, subject to reimbursement pursuant to Section 8, shall cause to be issued a policy of title insurance for such portion of the property in an amount not to exceed the Purchase Price and in the fonn nonnally required by City in connection with the dedication of land for subdivision improvements and contaming such title endorsements as may be reasonably requested by City. City's [mal acceptance of the portion of the property and the Improvements constructed thereon shall not be unreasonably withheld or delayed (b) Improvements Constructed on Land Owned by City. If Developer is authorized to construct an Improvement on land owned in fee by City or on land over which the City owns an easement Developer shall obtain the necessary encroachment pennits to enter such land for purposes of constructing such Improvement City shall cooperate with Developer in issuing such encroachment permits. The Improvements shall be inspected by City on an ongoing basis. SECTION 12. Grading and Subdivision Improvement Bonds. Except as provided below or as may be provided in the Traffic Enhancement Agreement or any Future Traffic Enhancement Improvement Agreement, Developer shall be required to post or cause the posting of bonds or other security acceptable to the City to guarantee completion of the Improvements in accordance with City's standard subdivision requirements and conditions of approval of the Development (the "Conditions of Approval"). Labor and materials bonds shall also be required to be provided by the Developer's contractor for all Improvements to be constructed under this agreement. Such bonds shall name the City of Chula Vista as additional obligee and shall remain in effect until the final acceptance of the Improvements by the City Engineer. The presence of Bond proceeds shall not relieve the Developer of requiring this obligation of the Developer's contractor. Performance and labor and material bonds for specific Improvements shall not be required or may be released if: (1) such Improvements constitute a portion of the required subdivision improvements, (2) Bond proceeds equal to 125% of the estimated cost to construct or acquire such Improvements are available and set aside for such purpose, and (3) the Improvements are to be constructed or acquired entirely with the proceeds of the Bonds. Provided that conditions (1) and (2) are satisfied, if an Improvement is to be constructed or acquired only in part with the proceeds of the Bonds, performance and labor and material bonds shall not be required for that portion of the Improvements to be so constructed or acquired except with respect to the portion that will not be acquired or constructed with Bond proceeds. In the event that the Bond proceeds that are available and 15 9-/7 ExECUTION COpy may be set aside to fund the cost to construct or acquire an hnprovement are less than 125% of the estimated cost thereof, the Developer shall be required to provide a performance and labor and material bond or other security satisfactOlY to the City Engineer and the City Attorney in the amount of such deficiency. City will cooperate with Developer in the temrination or exoneration of any performance and labor and material bonds assuring completion of hnprovements for which bonds have been sold The City Engineer shall be the sole judge of determining release of such bonds. SECTION 13. Indemnification by Developer. Developer sha11 defend, indemnifY and hold hannless City, its officers, directors, employees and agents, and CFD No. 08-1, its officers, directors, employees and agents ftom and against any and all claims, losses, liabilities, damages, including court costs and reasonable attorneys' fees by reason of, or resulting ftom, or arising out of the design, engineering and construction of the Improvements by the Developer, its employees, agents, independent contractors and/or representatives; provided that any claims which relate to the hnprovements sha11 be limited to those arising out of personal injwy or property damage caused by actions or omissions by Developer or Developer's employees, agents, independent contractors or representatives which occurred during the period prior to the transfer of title to the hnprovements by City, whether or not a dum is filed prior to the date of acceptance of the Improvements. Nothing in this Section 13 shall limit in any manner the rights of the City and/or CFD No. 08-1 against any of the architects, engineers, contractors or other consultants employed by the Developer which has perfonned WOlf<: in connection with construction or financing of the hnprovements. Notwithstanding the foregoing, Developer sha11 have no obligation to defend, indemnifY or hold hannless the City, its officers, directors, employees and agents, CFD No. 08- I, its officers, directors, employees and agents, ftom and against any claims, liabilities, losses or damages (including court costs and attorneys' fees) which result ftom or arise out of the sole negligence or willful misconduct of the City, its officers, directors, employees, or agents, or CFD No. 08-1, its officers, directors, employees, or agents. Except as set forth in this Section 13, no provision of this Agreement sha11 in any way limit the extent of the responsibility of Developer for payment of damages resulting ftom the operations of the Developer, its agents, employees or contractors. SECTION 14. Obligation of City. Neither the City nor CFD No. 08-1 has a legal or financial obligation to construct or finance the actual construction of the Improvements. Except with respect to any portion of the cost of the construction by the Developer of the Traffic Enhancement Improvements above an amount equal to the Developer's Fair Share or Future Fair Share which is reimbursable pursuant to the Traffic Enhancement Agreement or a Future Traffic Enhancement hnprovement Agreement, all costs incurred for actual construction of the hnprovements, including all incidentals thereto, shall be borne by Developer, and the obligations of the City and Community Facilities District are limited to the acquisition of the Improvements pursuant to the provisions of this Agreement. SECTION 15. Failure by Developer to Construct Improvements. (a) Improvements Other Than Traffic Enhancement Improvements. At any time following commencement of the construction of any Improvements, other than Traffic Enhancement 16 It? ExECUTION COpy Improvements, by Developer City detennines that such construction is not progressing within a reasonable time in accordance with the Conditions of Approval or the Developer fails to demonstrate a continuing ability to complete the construction of such Improvement in accordance with the Conditions of Approval, the City may give written notice of such failure of performance to the Developer. Developer shall have sixty (60) days from the date of receipt of such notice to either (i) cure such failure of performance by demons1rating to the satisfaction of the City during such cure period reasonable progress in the construction of the hnprovement and a continuing ability to complete the construction of such Improvement in accordance with the Conditions of Approval or (ü) reasonably demonstrate that such failure of performance is due to circumstances or conditions beyond Developer's reasonable control ("Force Majeure") including, without limitation, the City's actions, omissions or inaction which result in a delay of perfonnance by Developer, labor disputes, acts of God, war, riots, insurrections, civil commotions, moraioriums, inability to obtain labor or materials or reasonable substitutes for either, fire, unusual delay in transportation, and adverse weather conditions. Should Developer fail to reasonably demonstrate such reasonable progress or such continuing ability to complete the construction of such Improvement or Force Majeure, the obligation of the City to pay the Purchase Price for the acquisition of such Improvement pursuant to this agreement may be tenninated by the City by providing ten (10) days written notice to the Developer. Upon tennination, the City may in its sole discretion then proceed to advertise and bid the balance of the construction of such hnprovement, and there will be no further obligation on the part of the City for payment of the Purchase Price for such Improvement due to Developer pursuant to this Agreement In the event that the City chooses not to advertise and bid the balance of the construction of any such Improvement following such a termination, any monies remaining in the improvement fund for CFD No. 08-1 and set aside for the acquisition of such Improvement shall be transferred to the redemption fund for CFD No. 08-1 and used to call outstanding Bonds. (b) Traffic Enhancement Improvements. Any delay in the construction by the Developer of the Traffic Enhancement Improvements sha11 be subject to and govemed by the provisions of the Traffic Enhancement Improvement Agreement. Any delay in the construction by the Developer of any other Traffic Enhancement hnprovement sha11 be subject to and governed by the provisions of the applicable Future Traffic Enhancement Improvement Agreement. SECTION 16. Agreement Contingent. As a precondition to the sale of each series of the Bonds of CFD No. 08-1, Developer shall pay in cash to City an origination charge of 1.0% of the amount of the principal amount of such series of the Bonds ("Origination Payment"). Each such Origination Payment shall be at Developer's own expense and not recoverable from the proceeds of the special taxes or from the proceeds of the Bonds. In the event that any series of the Bonds are, for any reason, not sold, the amount of the Origination Payment made for such series of the Bonds shall be returned to the Developer. This Agreement is contingent upon the successful sale of Bonds, and it shall be null and void if the first series of Bonds are not sold within a three (3) year period following the date of this Agreement, 17 '1 "9 . -/c ExECUTION COpy or any mutually agreed extension; however, this time can be extended by request of the Developer and concurrence of the legislative body. The City may, at its option, suspend the perfonnance of its obligations under this Agreement if any legal challenge is filed relating to the validity or enforceability of this Agreement, CFD No. 08-1 proceedings or the issuance of the Bonds. The obligations of the City and CFD No. 08-1 hereunder shall be reinstated upon the entry of a final judgment in any such proceedings upholding the validity and enforceability of the Agreement, CFD No. 08-1 proceedings and the issuance of the Bonds. In the event that a final judgment or other final and non-appealable resolution is entered invalidating or declaring unenforceable this Agreement, CFD No. 08-1 proceedings or the issuance of the Bonds, the City and CFD No. 08-1 may, at their option, tenninate this Agreement SECTION 17. Notice of Special Tax. Developer, or the successor or assigns of the Developer, shall provide written notice to all potential purchasers of lots in the fonn required pursuant to Government Code Section 53341.5 and/or such additional requirements as may be established by the City so advising the potential owner of the fact of CFD No. 08-1, with said docwnent being executed by the potential purchaser. Such notice shall be provided to the potential purchaser a reasonable time before the potential purchaser becomes contractually committed to purchase the lot so that the potential purchaser may knowingly consider the impact of the special tax in the decision to purchase the lot. A copy of all such notices executed by actual purchasers shall be sent to the City Engineer. SECTION 18. Limitation of Aggregate Taxes and Assessments. Developer acknowledges that Developer has included in all existing agreements to sell all or any portion of the property to any person or entity for the purpose of constructing and marlœting owner-occupied residential dwelling units (a "Builder") and Developer agrees to include in any such future agreement provisions requiring the inclusion of the following "escrow instructions" in all sales by such Builder to residential home owners: (a). At or prior to the close of each such escrow with a residential homeowner, the escrow company shall apply a "calculation fonnula" previously approved by the City Engineer and deposited with the escrow company by the Builder to determine the aggregate of all annual ad valorem property taxes, all special taxes authorized to be levied to finance the construction or acquisition of public facilities and all assessment instalhnents authorized to be levied to finance the construction or acquisition of public facilities (the "Total Annual Taxes and Assessments") applicable to the parcel subject to such escrow (the "Applicable Parcel"). (b). If the Total Annual Taxes and Assessments exceed 2% of the sales price of the Applicable Parcel, the Escrow Company will make immediate written demand upon the Builder for deposit into the escrow of the funds necessary to partially prepay the special tax obligation for CFD No. 08-1 or any other community facilities district so that the Total Annual Taxes and Assessments will thereafter be equal to or less than 2% of the sales price of the Applicable Parcel. Such funds must be received by the escrow company prior to the close of escrow of the sale of the Applicable Parcel. The calculation of this prepayment amount shall be in accordance with the method of prepayment of special tax as set forth in the rate and method of apportionment of special taxes approved by the qualified electors of CFD No. 18 q -2(~ ExECUTION COpy 08-1. Upon closing of such escrow, the amount so deposited by the Builder pursuant to this escrow instruction shall be sent by the escrow company to the Director of Finance, together with written instructions that such amount is to be used to partially prepay the special tax obligation of the Applicable Parcel for CFD No. 08-1 or shall be sent to CFD No. 08-1 for which the special tax obligation has been prepaid with similar written instructions. The provisions of this Section 18 related to sales by Builders to residential homeowners shall also apply to any sale by Developer of a parcel to a residential home owner. In addition to any other remedy provided for by law or in equity, the City may enforce the provisions of this Section 18 by an action for specific performance or injunctive relief or both. SECTION 19. Relationship to Public Works. This Agreement is for the construction and acquisition of certain Improvements by City and the sale of the Bonds for the payment of construction and acquisition costs for such Improvements and such other amounts as are herein provided, and is not intended to be a public works contract. In perfonning its obligations under this Agreement, Developer is an independent contractor and not the agent of City. City shall have no responsibility for payment to any contractor or supplier of Developer. Notwithstanding the foregoing, Developer may be subject to certain public contract requirements as provided in Section 3 of this Agreement SECTION 20. Sale of Bonds. The City shall, immediately upon execution of this Agreement by the parties hereto, proceed with the issuance and sale of bonds secured by the levy of special taxes within CFD No. 08-1 (the "Bonds") to be issued pursuant to the Act. The Bonds shall be sized so that as of the date of issuance of the Bonds the aggregate appraised value of all taxable properties within CFD No. 08-1 for which the Bonds are being issued shall comply with the value-to-lien standards set forth in the Goals and Policies. The appraised value of taxable property for purposes of this paragraph shall be detennined by an independent appraisal undertaken for the City utilizing appraisal assumptions approved by the City and, as to each subsequent series of the Bonds, consistent with the applicable parity bonds requirements. The proceeds of the Bonds shall be used in the following priority to (i) fund a reserve fund for the payment of principal and interest with respect to the Bonds; (ü) fund capitalized interest on the Bonds in an amount not to exceed the amOWlt required to pay interest on the Bonds until sufficient special taxes may be placed on the tax roll to pay the scheduled debt service on the Bonds; (üi) pay for costs of issuance of the Bonds including, without limitation, underwriter's discount, bond counsel fees, printing, and paying agent fees; (iv) pay for the costs of fonning CFD No. 08-1, including reimbursement of advances of funds to the City by Developer and the Developer's legal, engineering and financial consulting expenses incurred relating to the fonnation of CFD No. 08-1 and issuance of the Bonds; and (v) pay the costs of the construction or acquisition of the Improvements pursuant to the provisions of this Agreement The timing of the issuance and sale of the Bonds, the tenns and conditions upon which the Bonds shall be issued and sold, the method of sale of the Bonds and the pricing thereof shall be 19 éÎ-2! - ----------------- ExECUTION COpy detennined solely by the City and shall conform to the Goals and Policies and this Agreement The sale of the Bonds shall be subject to receipt by the City of a competitively bid or negotiated bond purchase agreement which is acceptable to the City. The sale of the Bonds sha1l also be conditional upon the preparation of an official statement that is, in the sole judgment of the City, "deemed final" as such tenn is used in Rule 15c2-12 of the Securities and Exchange Commission (the "Rule'). The principal amount of the Bonds to be issued shall be detennined in accordance with the Goals and Policies such that the maximum projected annual special tax revenues securing the Bonds equals at least 110% of the projected annual gross debt service on all of the outstanding Bonds. Developer, on behalf of itself, any affiliates of the Developer and any successor or assign of the Developer, agrees (a) to provide all information regarding the development of its property within the District, including the financing plan for such development, which are necessary to ensure that the official statement for such Bonds complies with the requirements of the Rule and all other applicable federal and state securities laws; (b) to enter into a continuing disclosure agreement to provide such continuing disclosure pertaining to the Financing District, the development thereof and the Developer as necessary to ensure ongoing compliance with the continuing disclosure requirements of the Rule and (c) to cause its counsel to provide an opinion of such counsel in a fonn satisfactory to the underwriter of such series of the Bonds and underwriter's counselor disclosure counsel, as applicable. SECTION 21. Development Impact Fee Credit, Payment and Reimbursement. The Improvements include public facilities that are included in several City development impact fee programs (each, a "DIP Program"). Credits against the applicable DIP Program fees shall be granted in accordance with the applicable City ordinances, regulations and policies. SECTION 22. Conflict with Other Agreements. Except as specifically provided herein, nothing contained herein shall be construed as releasing Developer ftom any condition of development or requirement imposed by any other agreement with City. SECTION 23. General Standard of Reasonableness. Any provision of this Agreement which requires the consent, approval, discretion or acceptance of any party hereto or any of their respective employees, officers or agents shall be deemed to require that such consent, approval or acceptance not be unreasonably withheld or delayed, unless such provision expressly incorporates a different standard. SECTION 24. Entire Agreement; Amendment. This Agreement and the agreements expressly referred to herein contains all of the agreements of the parties hereto with respect to the matters contained herein and no prior or contemporaneous agreement or understandings, oral or written, pertaining to any such matters shall be effective for any p~se. No provision of this Agreement may be modified, waiver, amended or added to except by a writing signed by the party against which the enforcement of such modification, waiver, amendment or addition is or may be sought SECTION 25. Notices. Any notice, payment or instrwnent required or pennitted by this Agreement to be given or delivered to either party shall be deemed to have been received when personally 20 '7 J? .. ¡;.. ...- ExEcuTION COpy delivered or seventy-two (72) hours following deposit of the same in any United States Post Office in California, registered or certified, postage prepaid, addressed as follows: Developer: Otay Project, LP. 350 West Ash Street, Suite 730 San Diego, CA 92101 Attn: Kent Aden City: City ofChula Vista 276 Fourth Avenue Chula Vista, CA 91910 Attn: City Manager Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party. SECTION 26. Severability. If any provision of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible. SECTION 27. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. Developer may not assign its rights or obligations hereunder except upon written notice to City within ten (10) days of the date of such assignment indicating the name and address of the assignee. Upon such notice and the assumption by the assignee of the rights, duties and obligations of the Developer arising under or from this Agreement, Developer shall be released by City from all future duties or obligations rising under or from this Agreem¡mt. Notwithstanding the preceding sentence, Developer may assign its rights and obligations hereunder as security to lenders for the pUIpOse of obtaining loans to finance development within CFD No. 08-1, but no such assignment shall release Developer from its obligations hereunder to City. SECTION 28. Governing Law. This Agreement and any dispute arising hereunder shall be governed by and interpreted in accordance with the laws of the State of California, Additionally, this Agreement and the construction of the Improvements shall be subject to all City ordinances and regulations relating to the requirement of improvement agreements, land division, improvement security or other applicable development requirements. SECTION 29. Waiver. Failure by a party to insist upon the strict perfonnance of any of the provisions of this Agreement by any other party, or the failure by a party to exercise its rights under the default of any other party, shall not constitute a waiver of such party's right to insist and demand strict compliance by any other party with the tenns of this Agreement thereafter. SECTION 30. Singular and Plural; Gender. As used herein, the singular of any work includes the plural, and tenns in the masculine gender shall include the fenrinine. 21 () ¡ -----_....._~--- ExECUTION COpy SECTION 31. Counterparts. This Agreement may be executed in counterparts, each of which sball be deemed an original. SECTION 32. Construction of Agreement. This Agreement bas been reviewed by legal counsel for both the City and the Developer and shall be deemed for all pUlposes to have been jointly drafted by the City and the Developer. No presumption or rule that ambiguities shall be construed against the drafting party shall apply to the intetpretation or enforcement of this Agreement. The language in all parts of this Agreement, in all cases, shall be construed as a whole and in accordance with its fair meaning and not strictly for or against any party and consistent with the provisions hereof, in order to achieve the objectives of the parties hereunder. The captions of the sections and subsections of this Agreement are for convenience only and shall not be considered or referred to in resolving questions of construction. SECTION 33. No Obligation to Form Community Facilities District. Developer acknowledges that the decision of the City Council of the City to fonn CFD No. 08-1 is a legislative action and the City may not enter into an agreement to obligate the City Council to exercise its legislative discretion in a particular manner or for a particular result. This Agreement does not, therefore, in any way create a contractual, legal or equitable obligation of or commitment by the City to approve the fonnation of CFD No. 08-1. SECTION 34. Recitals; Exhibits. Any recitals set forth above and any attached exhibits are incorporated by reference into this Agreement. SECTION 35. Authority of Signatories. Each signatory and party hereto hereby represents and warrnnts to the other party that it bas legal authority and capacity and direction ftom its principal to enter into this Agreement, and that all resolutions and/or other actions have been taken so as to enable such party to enter into this Agreement. [End of page. Next page is signature page.] 22 ) . ';'1 ¡~~ ExEcunON COpy Signature Page to AcquisitionIFinancing Agreement by and between the City ofChula Vista and Otay Project, LP., EXECUTED by and between the parties hereto on the day and year first hereinabove written. "CITY" ~ CHIJLA VISTA 6å/! MAY CITY OF CHULA VISTA STATE OF CALIFORNIA ATTEST: APPROVED AS TO FORM: ~Alr-5,'«O~ (À~~~ CITY CLERK ANN MOORE, CITY ATTORNEY CITY OF CHULA VISTA CITY OF CHULA VISTA STATE OF CALIFORNIA STATE OF CALIFORNIA "DEVELOPER" OTAY PROJECT, LP., a California limited liability company By: OTAYPROJECT,LLC, a California limited liability company, General Partner By: OTA Y RANCH DEVELOPMENT, LLC A Delaware limited liability company, :~~J 5-1 1'5 ExECUTION COpy EXHIBIT "A" ACQUlSlTlON AND FINANCING AGREEMENT FORCFD 08-1 (OTAY RANæVlLLAGE SIX) IMPROVEMENT DESCRIPTION AND EsTIMATED COSTS Improvement Number Imnrovement Descrintion 1 Cost Estimate' 1 Traffic Enhancement- TelegraDh Canvon Road") 3,000,000 2 La Media Road Santa Venetia to Birch Road) 2,614,063 3 La Media Road Santa Venetia to Birch Road)LandscaDin2 410,974 4 La Media Road Birch Road to Rock Mountain) 6,500 000 5 La Media Road Birch Road to Rock Mountain)Landscanin2 500 000 6 Otav Lakes Road 3,100 000 7 Birch Road 2,067,721 8 Birch Road Landscanino 225156 9 Backbone RoadsNiewnark, Ma2dalena, Sutter Buttes and Santa Elisabeth) 5,138613 10 Backbone Roads Landscaping (View Park, Magdalena, Sutter Buttes and Santa 525,236 Elisabeth) 11 OIVlnnic Parkway 8,615382 12 East Palomar Street 2,101922 13 East Palomar Street Landscanin2 789,929 14 Santa Venetia Street 1,442,289 15 Santa Venetia Landscanin2 432,256 16 Sound Walls on SR-125 684 808 17 Traffic Sil!Ilal at La Media Road and Santa Venetia Street 106170 18 Traffic SÌimai at La Media Road and Birch Road 130000 19 Traffic Sional at East Palomar Street and View ParkWay 129.005 20 Traffic Sirnal at East Palomar Street and Ma2da1ena A venue 140,000 21 Pedestrian Bridoes 861,648 22 Facilities to be financed bv Public Facilities DeveloDment 1mnact Fee 6,333582'4) 23 DeveloDment Slone Landscanino 1293396 Totals 47,142,150 Notes: Sources: Developer, McGill Martin Self, Inc. 1/ The description of the Improvements set forth in this Exhibit "A" is preliminary and general. The final plans and specifications may show substitutes or modifications to the proposed Improvements and proposed Improvements may be added or deleted with the consent of Developer and the City Engineer. Components of all roadway improvements eligible for funding shall include (i) grading, including site preparation and mobilization, (ii) wet and dry utilities within the right-of-way, (iii) storm drain facilities, (iv) paving, (v) curb, gutter, sidewalk, medians. (vi) traffic signals (unless such traffic signals are designated as separate Improvements) (vii) lighting, (viii) landscaping (unless such landscaping is designated as a separate improvement) and (ix) all other appurtenant improvements. 11 Cost estimates are preliminary and may be modified from time to time with the consent of Developer and the City Engineer. The Purchase Price of an Improvement shall be based on actual costs. 31 Cost estimate for the Telegraph Canyon Road Traffic Enhancement improvements constitutes the total cost of the facility. The actual amount reserved will be determined and may be adjusted as set forth in Section 8 of the Acquisition Financing Agreement. 41 A maximum of $858,960 shall be set aside and financed from the proceeds of the Bonds. A-I ExECUTION COpy EXHIBIT "B" SUBSTANTIAL COMPLETION CRITERIA FOR IMPROVEMENTS OTHER TIlAN TRAFFIC ENHANCEMENT IMPROVEMENTS ~ 1. Substantial completion of an Improvement, other than a Traffic Enhancement Improvement, for pUIposes of detennining the eligibility of such Improvement for the payment of the "Base fucrement" therefore shall mean that the construction or work with respect to such Improvement, including each component of such Improvement, has progressed to the point where it is sufficiently complete so that it can be utilized for the pUIpose for which it was intended. Substantial completion criteria for each Improvement or component of an Improvement is further described below. 2. Payment for the "Retained fucrement" of the Purchase Price for an Improvement shall be in accordance with Section 8, paragraph (c)(ii) and shall be made after submittal of a payment request fonn, as-built plans and such other documentation as is required pursuant to Section 8 paragraph (c )(ii), posting of maintenance bonds, and submittal of lien release evidence. Substantial Completion Criteria: A. Grading: Grading shall be deemed to be complete upon (1) completion of all preliminary grading work (mobilization, site clearing, remedial grading, overexcavation, insta1lation of subdrainage systems) (2) certification of compaction by the geotechnical engineer, quantity verification by the civil engineer, and confirmation by the City inspector and (3) installation of all surface grading improvements (brow ditches, retaining walls, slope protection and similar improvements) and the certification thereofby the geotechnical engineer and confirmation by the City inspector. B. Sewer. Sewer construction shall be deemed substantially complete upon the installation, flushing, and testing of sewer main line, laterals, cleanouts, manholes, and all other appurtenances of the sewer system as shown on the approved plans and specifications therefore and in accordance with the City standard plans and specifications and the verification of such installation by the civil engineer and confirmation of such installation by the City inspector. C. Storm Drain: Box culverts and headwall structures shall be deemed substantially complete upon installation as shown on the approved plans and specifications therefore and in accordance with the City standard plans and specifications and verification of such installation by the civil engineer, and confirmation of such installation by the City inspector. D. Drainage Facilities: Drainage structures including energy dissipation devices (rip-rap, drop structures, cut-off walls, etc), drainage diversion structures, facilities required as part of the environmental mitigation measures, and other drainage channel appurtenances including drainage pipes connecting the brow ditches to the channel, sha1l be deemed substantially complete for payment of the Base fucrement upon the insta1lation thereof as shown on the approved plans and B-1 1. ExECUTION COpy specifications therefore and in accordance with City standard plans and specifications and the verification of such installation by the civil engineer and confirmation of such installation by the City inspector. E. Dry Utility Backbone System DIy utilities (electric, gas, telephone, CATV) shall be deemed substantially complete upon the installation of the conduits, junction boxes, payment of utility fees, and written acceptance of the facilities by the utility companies. F. Roadway Pavement and Roadwav Drainage SYStem: Roadway pavement and drainage improvements shall be deemed substantially complete upon the installation thereof as shown on the approved improvement plans therefore and in accordance with City standard plans and specifications and confinnation of such installation by the City inspector of all stann drain pipes, catch basins, drainage inlets and cleanouts for the roadway stann drain system, installation of roadway base material, concrete curb and gutter, and AC pavement including the preparation of the subgrade and base material. G. Other Street Surface lmprovements: Street surface improvements including street lights, traffic signals and conduits, signal interconnect, street name signs, roadway signing and striping, and appurtenances shall be deemed substantially complete when installed as shown on the improvement plans and in accordance with City standard plans and specifications and upon confinnation of such installation by the City inspector. H. Street Landscave Irrigation and Planting: Parkway landscaping within the roadway right of way including planting, irrigation, concrete sidewalks, median maintenance strip, pedestrian ramps, channel maintenance roads and all associated subgrade and base material preparation shall be deemed substantially complete upon installation thereof as shown on the approved improvement plans therefore and in accordance with City standard plans and specifications and confnmation of such installation by the City inspector. I. SlOPe Landscaping: Landscape planting and irrigation improvements for the slopes outside of the roadway and channel right of way and the regional trail (DG) and fencing shall be deemed substantially complete upon installation thereof as shown on the approved improvement plans therefore and in accordance with City standard plans and specifications and confmnation of such installation by the City inspector. B-2 9.22 ExECUTION COpy EXHIBIT "C" DESIGN, BID, CONTRACT AND CHANGE ORDER REQUIREMENTS 1. General These requjrements shall be applied to all improvements proposed to be acquired through CFD No. 08-1. Any deviation ftom these requirements must be approved by the Public Works Director. References to the Public Works Director means the Public Works Director, City Engineer or their designee. The City reserves the right to make the final determination of cost of the Improvements to be acquired in accordance with this Agreement. 2. Design Phase A Only design costs directly related to the public improvements to be acquired are eligible for inclusion. B. Bidding Documents. Two complete sets of bidding documents, including improvement plans, general provisions, and bid proposal forms shall be submitted to the Engineering Division for review and approval within 15 working days of submittal. Advertising for bids sball not take place until the bidding documents are approved in writing by the City. This procedure shall be followed for each contract proposed to be advertised. Unless otherwise noted, the bidding documents sball confonn to the following minimum requjrements: 1. Unless impractical due to 1he nature of the improvement, the bid proposal shall be unit priced rather than lwnp sum. Ac. pavement, base and sub-base shall be bid on a square foot per inch thickness basis. 2. The bidding documents shall require the bidder/contractor to provide the following bonds: a. Bid Bond - 10% of the amount of the bid. b. Material and Labor Bond - 50% of the contract amount. c. Performance Bond - 100% of the contract amount. The Contractor shall post performance and labor and material bonds for all improvements as part of the bid The City of Chula Vista shall be named as additional C -1 -"--'C; ExECUTION COpy obligee with the right to call such bonds if needed. Such bonds shall remain in effect until such time as all improvements are completed and accepted by the City Engineer. The City Engineer shall be the sole judge in detennining the release of such bonds. 3. The bidding documents shall require the successful bidder to provide evidence of comprehensive or connnercial general public liability insurance in the amount of at least $1,000,000 prior to the award of the contract. 4. Unless otherwise required by the City, the contractor is not required to pay prevailing wages. 5. The bidding documents must clearly state the time, date, and place where bids are to be submitted and opened. 6. The bidding docwnents shall clearly state the amount of time to complete the work. The time allowed must be reasonable for the amount of work. Accelerated construction time allowances must be supplementally bid, and are not eligible for public finance unless previously approved by the City Engineer. 3. Bidding Phase A The Notice inviting Sealed Bids shall be published in the Chula Vista Star News and the San Diego Daily Transcript The notice inviting bids shall state where bidding docwnents are available. B. The bidding period following the advertisement of the Notice Inviting Sealed Bids shall be a minimum of 14 calendar days. C. Developer shall provide complete sets of bidding documents to all contractors, subcontractors, or suppliers requesting them. A reasonable price may be charged for bidding docwnents. D. Developer shall keep a log of all persons obtaining bidding documents, and their mailing address. E. Addenda shall be mailed by first class mail to all bidding document holders and the Public Works Director. If an addendum is required within five working days of the noticed bid opening date, the bid opening date shall be extended. F. Submitted bids shall be in sealed envelopes. G. Bids shall not be accepted after the stated time for submissioll C -2 ExECUTION COpy H. Bid opening shall be conducted by the Developer at the Developers place of business or other site mutually acceptable to the Developer and Public Works Director. E. Sealed bids shall be opened and read aloud immediately following the submission time. A City representative shall be invited to attend the bid opening. J. Conditioned bids, unless the bid proposal lists them for all to bid on, shall not be accepted. K. The bid proposals shall conform to all state and local laws governing the listing of subcontractors and suppliers. L. The arithmetic of the two lowest bid proposals received shall immediately be checked for errors. M. A tabulation of all bids received shall be provided to the Public WotXs Director within five working days of the bid opening. N. Award shall be made to the lowest responsible bidder within a reasonable period of time following approval by the Public Works Director. O. A preconstruction meeting shall be held with the contractor prior to beginning the work. A City representative shall be invited to attend the meeting. P. The Notice to Proceed shall be issued within a reasonable period of time following the contract execution. 4. Construction Phase A. The City shall be provided a copy of the construction schedule. R Developer shall require the contractor to conduct weekly construction status meetings to which a City representative shall be invited. C. Any additional costs incurred for the benefit of the Developer, such as accelerating the construction schedule, shall not be eligible for public financing unless previously approved by the City Engineer. D. Any additional construction costs incurred due solely to delays caused by the Developer shall not be eligible for public financing. C - 3 eta! ---_..--------~_._-- ExEŒTION COpy E. All contracts and construction related records shall be available to the City as and when required for the final detennination of eligible costs for the public financing. This shall include trip tickets and other confinnations of material delivered to the Improvement. 5. Change Orders A No single change order for a TDIF Improvement shall be eligible for inclusion in the Purchase Price for such Improvement that increases or decreases the original contract amount for the construction of such Improvement by more than $50,000 without City Council approval. B. All change orders shall be fully documented and be in a fonnat consistent and be in a format consistent with the original bid items (i.e., show units, unit costs, extensions and total costs). The City Engineer, in his/her sole discretion shall detennine the eligibility of each change order for inclusion in the Purchase Price for an Improvement. C. The aggregate of all change orders for TDIF Improvements, including those for differences between estimated and actual quantities shall not increase the contract amount by more than the amount specified below without City Council approval: Original Contract Range Maximum Aggregate Increase Up to $100,000 10% $100,001 to $1,000,000 $10,000 plus 7% of amount over $100,000 More than $1,000,000 $73,000 plus 5% of amount over $1,000,000 The aggregate of all change orders for any non- TDIF Improvement shall not increase the Purchase Price thereof so as to cause such Purchase Price to exceed the cost estimate for such Improvement as set forth in Exhibit A by more than 25% without City Council approval. D. All change orders involving changes in scope of the project, or increases of contract amounts greater than outlined in C. above sha1l be submitted to the City Council for approval after the construction of the Improvement is completed, but before the payment of any portion of the Purchase Price for such Improvement is authorized by the City Engineer. Change orders that the Developer does not wish to include in the Purchase Price for an Improvement do not need to go to City Council for approval. E. Negotiated set price change orders are acceptable where most of the items of work in the change order have unit prices fÌom the bids. Where change orders are for work C-4 .::;2 ExECUTION COpy that does not have unit prices for a substantial portion of the work contained within the bids, time and materials change orders are preferred. C - 5 q-33 ----------------..-- ------ ExECUTION COpy EXIllBIT "D - 1" BASE INCREMENT PAYMENT REQUEST NO. - (IMPROVEMENT OTHER THAN TRAFFIC ENHANCEMENT IMPROVEMENTS) The undersigned (the "Developer") hereby requests payment in the total amount of $ for the Base Increment for the Improvements (as defined in the AcquisitionIFinancing Agreement by and among the City of Chula Vista (the "City") and Developer and described in Exhibit A to that Agreement), all as more fully described in Attachment 1 hereto. In cormection with this Payment Request, the undersigned hereby certifies, represents and wammts to the City as follows: A He(she) is a duly authorized representative or signatory of Developer, qualified to execute this Payment Request for payment on behalf of Developer and is knowledgeable as to the matters set forth herein. B. The Improvements that are the subject of this Payment Request have been substantially completed in accordance with Exhibits A and B. C. Tbis request for payment of the Base Increment for the improvements has been calculated in conformance with the terms of the Agreement. All costs for which payment is requested hereby are eligible costs (as permitted in the Agreement) and have not been inflated in any respect. The Base Increment for which payment is requested has not been the subject of any prior payment request paid by the City. D. All items have been clearly delineated as DIF/Non-DIF eligible (all DIF's) and detailed backup and cost breakdown is provided supporting each item. E. Supporting documentation (such as third party invoices, change orders and checks) is attached with respect to each cost for which payment is requested. F. The Improvements for which payment is requested were constructed in accordance with the requirements of the Agreement. G. Developer is in compliance with the terms and provisions of the Agreement. H. No mechanics liens or other encumbrances have attached, or to the best knowledge of Developer, after due inquiry, will attach to the Improvements. D - 1 -1 9 -3'1 EXECUTION COpy 1. A cop(ies) of the letter(s) of unconditional lien release for the Improvements for which payment is requested is included this request Alternatively, a copy of a letter of conditional lien release for the Improvements for which payment is requested together with a letter from the contractor(s) stating that they have been paid in full by the Developer for the Improvements for which payment is requested is also included in this request. I hereby declare under penalty of peIjury that the above representations and warranties are true and correct. DEVELOPER; Dated: CITY Payment Request Approved for Submission to Director of Finance Director of Engineering Dated: D-1-2 1- ---------------------- ExECUTION COpy ATTACHMENT 1 SUMMARY OF IMPROVEMENTS TO BE ACQUIRED AS PART OF PAYMENT REQUEST NO.- Improvement Cost Estimate Base Increment Disbursement Renuested [List here all Improvements for which payment is requested, and attach supporting documentation] D -1 -3 Cj-36 ExECUTION COpy EXHIBIT "D - 2" RETAINED INCREMENT PAYMENT REQUEST NO. - (IMPROVEMENT OTHER THAN TRAFFIC ENHANCEMENT IMPROVEMENT) The undersigned (the "Developer") hereby requests payment in the total amount of $ for the Retained Increment of the Purchase Price of the Improvements (as defined in the AcquisitioniFinancing Agreement by and among the City ofChula Vista (the "City") and Developer and described in Exhibit A to that Agreement), all as more fully described in Attachment 1 hereto. In connection with this Payment Request, the undersigned hereby certifies, represents and warrants to the City as follows: A He(she) is a duly authorized representative or signatoxy of Developer, qualified to execute this Payment Request for payment on behalf of Developer and is knowledgeable as to the matters set forth herein. B. Developer has submitted or submits herein to the City, if applicable, as-built drawings or similar plans and specifications for the Improvements and such drawings or plans and specifications, as applicable, are true, correct and complete. C. The Purchase Price for the hnprovements has been calculated in confonnance with the tenns of the Agreement All costs for which payment is requested hereby are eligible costs (as permitted in the Agreement) and have not been inflated in any respect. The Retained Increment for which payment is requested has not been the subject of any prior payment request paid by the City. D. All items have been clearly delineated as DIFlNon-DIF eligible (all DIF's) and detailed backup and cost breakdown is provided supporting each item E. Supporting documentation (such as third party invoices, change orders,lien releases and checks) is attached with respect to each cost for which payment is requested F. The hnprovements for which payment is requested were constructed in accordance with the requirements of the Agreement. G. Developer is in compliance with the tenns and provisions of the Agreement. R No mechanics liens or other encumbrances have attached, or to the best knowledge of Developer, after one inquiry, will attach to the Improvements. D-2-1 9-37 --------~--~..._-_._--- ExECUTION COpy I hereby declare under penalty of petjury that the above representations and warranties are 1rue and correct. DEVELOPER Dated: CITY Payment Request Approved for Submission to Director of Finance Public Works Director Dated: D-2 - 2 q-3g ExECuTION COpy ATTACHMENT 1 SUMMARY OF IMPROVEMENTS TO BE ACQUIRED AS PART OF PAYMENT REQUEST NO. - Improvement Purchase price Base Increment ~ Disbursement Increment Relluested [List here a1llmprovements for which payment is requested, and attach supporting documentation] D-2-3 '7-67 m --------- --------------------------- ExECUTION COpy EXHIBIT "D-3" BASE INCREMENT PAYMENT REQUEST NO.- (TRAFFIC ENHANCEMENT IMPROVEMENTS) The undersigned (the "Developer") hereby requests payment in the total amount of $ for the Base Increment of the Purchase Price of the Traffic Enhancement hnprovements (as defined in the Acquisition/Financing Agreement by and among the City of Chula Vista (the "City") and Developer and described in Exhibit A to that Agreement), all as more fully described in Attachment 1 hereto. In connection with this Payment Request, the undersigned hereby certifies, represents and wammts to the City as follows: A He(she) is a duly authorized representative or signatory of Developer, qualified to execute this Payment Request for payment on behalf of Developer and is knowledgeable as to the matters set forth herein. B. The Traffic Enhancement hnprovements that are the subject of this Payment Request have been substantially completed in accordance with Exhibits A and B. C. The Purchase Price for the Traffic Enhancement hnprovements has been calculated in conformance with the tenns of the Agreement All costs for which payment is requested hereby are eligible costs (as pennitted in the Agreement) and have not been inflated in any respect. The portion of the Base Increment for which payment is requested has not been the subject of any prior payment request paid by the City. D. All items have been clearly delineated as DIFlNon-DIF eligible (all DIF's) and detailed backup and cost breakdown is provided supporting each item. E. Supporting documentation (such as third party invoices, change orders and checks) is attached with respect to each cost for which payment is requested. F. The Traffic Enhancement hnprovements for which payment is requested were constructed in accordance with the requirements of the applicable Traffic Enhancement Agreement. G. Developer is in compliance with the tenns and provisions of the Agreement. H. No mechanics liens or other encumbrances have attached, or to the best knowledge of Developer, after due inqujry, will attach to the Traffic Enhancement Improvements. I. A copy of a letter of conditional lien release for the Traffic Enhancement hnprovements for which payment is requested is included this request. In addition, a letter fium the contractor(s) stating that have been paid in full by the Developer for the Traffic D - 3 - 1 -l-!/ù ExECUTION COpy Enhancement Improvements for which payment is requested is also included in this request. D-3-2 ExECUTION COpy I hereby declare under penalty of peJjury that the above representations and wananties are true and correct. DEVELOPER: Dated: CITY Payment Request Approved for Submission to Director of Finance Public Works Director Dated: D - 3 - 3 - ExECUTION COpy ATTACHMENT 1 SUMMARY OF TRAFFIC ENHANCEMENT IMPROVEMENTS TO BE ACQUIRED AS PART OF PAYMENT REQUEST NO. - Traffic Enhancement Purchase Price Base Increment Disbursement Imnrovement Renuested [List here all Traffic Enhancement Improvements for which payment is requested, and attach supporting documentation] D - 3 - 4 /"' 01. IS' I '"'í -~------------ ExECUTION COpy EXHIBIT "D - 4" RETAINED INCREMENT PAYMENT REQUEST NO.- (TRAFFIC ENHANCEMENT IMPROVEMENT) The undersigned (the "Developer") hereby requests payment in the total amount of $ for the Retained Increment of the Purchase Price of the Traffic Enhancement Improvements (as defined in the Acquisition/Financing Agreement by and among the City of Chula Vista (the "City") and Developer and described in Exhibit A to that Agreement), all as more fu1ly described in Attaclunent 1 hereto. In connection with this Payment Request, the undersigned hereby certifies, represents and warrants to the City as follows: A He(she) is a duly authorized representative or signatory of Developer, qualified to execute this Payment Request for payment on behalf of Developer and is knowledgeable as to the matters set forth herein. B. The Traffic Enhancement Improvements have been accepted by the City. C. The Purchase Price for the Traffic Enhancement Improvements has been calculated in confonnance with the tenns of the Agreement. All costs for wlùch payment is requested hereby are eligible costs (as pennitted in the Agreement) and have not been inflated in any respect. The Retained Increment for wlùch payment is requested has not been the subject of any prior payment request paid by the City. D. Supporting documentation (such as third party invoices, change orders, lien releases and checks) is attached with respect to each cost for wlùch payment is requested. E. The Traffic Enhancement Improvements for wlùch payment is requested were constructed in accordance with the requirements of the applicable Traffic Enhancement Agreement. F. Developer is in compliance with the terms and provisions of the applicable Traffic Enhancement Agreement and the Acquisition/Financing Agreement. G. No mechanics liens or other encumbrances have attached, or to the best knowledge of Developer, after one inquiry, will attach to the Traffic Enhancement Improvements. D-4-1 , ExECUTION COpy I hereby declare under penalty of perjury that the above representations and wammties are true and correct. DEVELOPER: Dated: CITY Payment Request Approved for Submission to Director of Finance Public Works Director Dated: D-4-2 ""- ~/? - --------~--,--- ExECUTION COpy ATTACHMENT 1 SUMMARY OF TRAFFIC ENHANCEMENT IMPROVEMENTS TO BE ACQUIRED AS PART OF PAYMENT REQUEST NO.- Traffic Enhancement Purchase Price Base Increment Disbursement ImDrovement Requested [List here all Traffic Enhancement Improvements for which payment is requested, and attach supporting documentation] D-4-3 9'- L( b ATTACHMEN1,..L STRIKEOUT/UNDERLINED TEXT OF ACQUISITION/FINANCING AGREEMENT TillS AGREEMENT, dated as of September 16,2003, is made and entered into by and between the CITY OF CHULA VISTA, a charter city duly organized and validly existing under the Constitution and laws of the State of California, (the "City"), COMMUNITY FACILITIES DISTRICT NO. 08-1 (OTA Y RANCH VILLAGE SIX), a community facilities district formed and existing pursuant to the laws of the State of California (the "CFD No. 08-1") and OTA Y PROJECT, LP., a California limited liability company (the "Developer"). 1) WHEREAS, the Developer is the master developer of certain property within that portion of the City known as the Otay Ranch Village Six (the "Development Project") and Developer has obtained certain land use entitlements ftom the City which permit the development of the Development Project; and 2) WHEREAS, the development of the Development Project pursuant to such land use entitlements is subject to certain conditions, including but not limited to, the requirement that the Developer construct certain public improvements to serve the Development Project including the improvements identified as Improvements Nos. 1 through 2~ in Exhibit A attached hereto and incorporated herein by this reference (the "Development Project Improvements"); and 3) WHEREAS, such land use entitlements also describe the threshold of building permits that may be issued for the Development Project as the result of traffic impacts on roadways within the City; and 4) WHEREAS, the City's Growth Management Oversight Committee, in its annual threshold compliance report, noted that development in the eastern portion of the City which includes the Development Project was starting to strain the capacity of existing roadways resulting in added congestion and traffic delays; and 5) WHEREAS the Citv mav determine that it is necessary to oroceed with the construction of certain roadwav facilities identified in the TransDortation DeveloDment ImDact Fee ProlITam ("TDIF ProlITam") in order to maintain the CitY's threshold standard and aualitv of life and that construction of such roadwavs bv the DeveloDCr or the Citv mav be financed and acQuired usinl! the bond oroceeds ofCFD No. 08-1' and 6) WHEREAS, the City has determined that it is necessary to expedite the construction of certain traffic enhancement projects, including the Traffic Enhancement Improvements defined below (individually, a "Traffic Enhancement ImprQyement" and collectively, the 'Traffic Enhancement Improvements"), located in the eastern part of the City in order to maintain the City's threshold standard and quality of life until the completion of more of the overall transportation network in the eastern part of the City; and l", ¡ 7) WHEREAS, in order for the Developer and the master developers of other properties located in the City east of the I-80S fteeway to continue to receive building permits beyond the current thresholds identified in the existing land use entitlements for the Development Project and other developments in the eastern portion of the City, such developers must contribute to the financing of the construction of the Traffic Enhancement Improvements; and 8) WHEREAS, in order to provide for the financing of one of the Traffic Enhancement Improvements, the Developer, together with certain other master developers (the "Other Master Developers"), have entered into that certain Agreement for the Construction of Roadway Improvements for Traffic Enhancement (the 'Traffic Enhancement Improvement Agreement") made as of Sentember 17, 2002, to establish a system for the financing and construction of certain roadway improvements identified in the Traffic Enhancement Improvement Agreement (the "Traffic Enhancement Improvements"); and 9) WHEREAS, the Developer requested that the City consider and the City did consider and form CFD No. 08-1 under the terms and conditions of the "Mello-Roos Community Facilities Act of 1982," as amended (Govemment Code Section 53311 and following) (the "Act"), for the purpose of financing the acquisition or construction of the Development Project Improvements and Developer's fair share of the cost of the acquisition or construction of the Traffic Enhancement Improvements, together with appurtenances and appurtenant work (the Development Project Improvements and the Traffic Enhancement Improvements are referred to herein individually as an "Improvement" or collectively as the "Improvements"); and, 10) WHEREAS, Developer, in order to proceed in a timely way with development of the Development Project, desires to construct certain of the Improvements that will, following the completion of the construction thereof, be acquired, owned, operated and maintained by the City; and, 11) WHEREAS, Developer, in order to meet its obligations under the Traffic Enhancement Improvement Agreement and under any future agreement that the Developer may enter with the City to finance the Developer's share, if any, of cost of the construction of other Traffic Enhancement Improvements (a "Future Traffic Enhancement Improvement Agreement"), also desires to finance its Fair Share (as such term is defined in the Traffic Enhancement Improvement Agreement) of the cost of the design of, grading for and construction of the Traffic Enhancement Improvements and its fair share as established by any Future Traffic Enhancement Improvement Agreement ("Additional Fair Share") of the cost of the construction of any other Traffic Enhancement Improvements; and, 12) WHEREAS, the City, CFD No. 08-1 and Developer agree that the Improvements to be constructed by the Developer. or the Citv may, upon the completion of the construction thereof, be acquired by the City through financing provided by CFD No. 08-1 at prices determined pursuant to and in accordance with the provisions of this Agreement; provided, however, (a) if the Developer constructs any Traffic Enhancement Improvements only that portion of the cost of construction of such Traffic Enhancement Improvements representing the Developer's Fair Share of such costs shall be paid pursuant to the terms and conditions of this 2 :Î _UP I~. Agreement and the reimbursement to the Developer of the costs, if any, of construction of such Traffic Enhancement Improvements which are allocable to the Other Master Developers pursuant to the Traffic Enhancement Improvement Agreement shall be governed by the terms and conditions of thereof and (b) if the Developer constructs any other Traffic Enhancement Improvement only that portion of the cost of construction of such Traffic Enhancement Improvement representing the Developer's Future Fair Share of such costs shall be paid pursuant to the terms and conditions of this Agreement and the reimbursement to the Developer of the costs, if any, of construction of such Traffic Enhancement Improvement which are allocable to other parties pursuant to a Future Traffic Enhancement Improvement Agreement applicable to such Traffic Enhancement Improvement shall be governed by the terms and conditions of thereof; and, 13) WHEREAS, except for the reimbursement of (a) the costs of construction of Traffic Enhancement Improvements constructed by the Developer which are allocable to Other Master Developers pursuant to the Traffic Enhancement Improvement Agreement or (b) the costs of construction of any other Traffic Enhancement Improvement constructed by the Developer which are allocable to any other party pursuant to a Future Traffic Enhancement Improvement Agreement applicable to such Traffic Enhancement Improvement, the City and the Developer further agree that payment by the City for the acquisition of the Improvements shall be funded solely from the proceeds of bonds which shall be issued by CFD No. 08-1 and which shall be secured by the levy of special taxes within CFD No. 08-1; and, 14) WHEREAS, it is the intent of this Agreement that Developer or the CitY shall be entitled pursuant to the provisions of this Agreement to be paid for each of the Improvements constructed by the Developer or the CitY at the prices as determined by the City pursuant to this Agreement upon: (a) the sale and delivery of bonds by CFD No. 08-1 the proceeds of which shall be authorized and designated to make the payments to acquire such Improvements and (b) the completion of the construction of each such Improvement; and, 15) WHEREAS, CFD No. 08-1 is willing to finance the acquisition of and acquire the Improvements to be constructed by the Developer, or the CitY and to finance the Developer's Fair Share of the cost of the Traffic Enhancement Improvements if constructed by a party other than the Developer subject to the requirements of the Act, the City ofChula Vista Statement of Goals and Policies Regarding the Establishment of Community Facilities Districts adopted by the City Council (the "Goals and Policies"), this Agreement, the Traffic Enhancement Improvement Agreement and any Future Traffic Enhancement Improvement Agreement and Developer desires that CFD No. 08-1 so finance the acquisition and acquire such Improvements and finance Developer's Fair Share of the cost of the Traffic Enhancement Improvements and Developer's Future Fair Share, if any, of the cost of other Traffic Enhancement Improvements. 16) WHEREAS if this Al!reement is ann lied to a TDIF-elil!ible Imnrovement that is constructed bv the CitY the term "Develoner" as used within this Al!reement mav mean either "Citv" or "Contractor" as determined in the sole discretion of the Citv. NOW, THEREFORE, IT IS MUTUALLY AGREED between the respective parties as follows: 3 q - Lfe} Exhibit "AB ACQUISITION AND FINANCING AGREEMENT FOR CFD 08-1 (OT A Y RANCH VILLAGE SIX) IMPROVEMENT DESCRIPTION AND ESTIMATED COSTS Notes: Sources: Developer, McGiU Martin Self, Inc. 1/ The description of the Improvements set forth in this Exhihit "A" is preliminary and general. The final plans and specifications may show suhstitutes or modifications to the proposed Improvements and proposed Improvements may he added or deleted with the consent of Developer and the City Engineer. Components of aU roadway improvements eligihle for funding shaH include (i) grading, including site preparation and mohilization, (ii) wet and dry utiiities within the right-of-way, (iii) storm drain facilities, (iv) paving. (v) curh, gutter, sidewalk, medians, (vi) traffic signals,"'unless such traffic signals are designated as separate Improvements) (vii) lighting, (viii) landscaping (unless such landscaping is designated as a separate improvement)=and (ix) aU other appurtenant improvements. 2/ Cost estimates are preliminary and may he modified from time to time with the consent of Developer and the City Engineer. The Purchase Price of an Improvement shaH he based on actual costs. 3/ Cost estimate for the Telegraph Canyon Road Traffic Enhancement improvements constitutes the total cost of the facility. The actual amount reserved wiU be determined and may be adjusted as set forth in Section 8 of the Acquisition Financing Agreement. A-I r) -- First Amendment to the Acquisition and Finance Agreement for Community Facilities District No. 08-1 (Otay RanchVillage 6) WHEREAS, the City of Chula Vista, by resolution 2003-408 on September 16, 2003, approved the form of an Acquisition and Finance Agreement ("Agreement") with Otay Project, LP, for Community Facilities District No. 08-1 ("District"); and WHEREAS, the District was formed for the purpose of financing the acquisition of such public improvements ITOm Otay Project, L.P., the master developer of the property within the District (the "Developer"); and, WHEREAS, the Agreement listed certain public improvements that may be acquired, among them are roadway facilities that are eligible for fmancing by the Transportation Development Impact Fee (TDIF); and, WHEREAS, the TDIF obligation of the Otay Ranch Village 6 development exceeds the estimated purchase price of the facilities that may be constructed at this time or are required to be constructed by the Village 6 conditions of approval; and WHEREAS, other TDIF-eligible roadway facilities may be constructed in the Eastern Territories that will benefit Village 6, if environmental clearance and other prerequisites to construction are satisfied; and, WHEREAS, the City will benefit by being allowed to initiate and schedule the construction ofTDIF-eligible street improvements as a Capital Improvement Project using the bond proceeds of the District when and where they are needed to maintain the City's threshold standard and quality of life; and, WHEREAS, the Developer may benefit by either: obtaining authorization to build TDIF- eligible improvements using District bond proceeds and thereby receive the District's TDIF credits, or obtaining such credits if the City builds and acquires the improvements using District bond proceeds. NOW, THEREFORE, the parties agree to amend the Agreement as follows: 1. Recital No.2 is hereby revised by changing the phrase: "Improvements Nos. 1 through 23" to "Improvement Nos. 1 through 24" 2. New Recital No.5 is hereby added to read as follows: "WHEREAS, the City may determine that it is necessary to proceed with the construction of certain roadway facilities identified in the Transportation Development Impact Fee Program ("TDIF Program") in order to maintain the City's threshold standard and quality of life and that construction of such roadways by the. Developer, or the City may be financed and acquired using the bond proceeds ofCFD No. 08-1; and," tJ- ~? , /~ - -- --- - ----------~--------- RESOLUTION NO. 2004- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, APPROVING THE FORM OF THE FIRST AMENDMENT TO THE ACQ VIS ITIO N /FINAN CIN G AGREEMENT PERTAINING TO COMMUNITY FACILITIES DISTRICT NO. 08-1 (OTAY RANCH VILLAGE SIX) WHEREAS, the City of Chula Vista, by resolution 2003-408 on September 16, 2003, approved the form of an Acquisition and Finance Agreement ("Agreement") with Otay Project, LP, for Community Facilities District No. 08-1 ("District"); and WHEREAS, the Agreement listed certain public improvements that may be acquired by the City ftom the proceeds of bonds issued by the District, among them are roadway facilities that are eligible for financing by the Transportation Development Impact Fee (TDIF); and, WHEREAS, other TDIF-eligible roadway facilities may be constructed in the Eastern Territories that will benefit the development within the District, if environmental clearance and other prerequisites to construction are satisfied; and, WHEREAS, the City will benefit by being allowed to initiate and schedule the construction ofTDIF-eligible street improvements as a Capital Improvement Project using the bond proceeds of the District when and where they are needed to maintain the City's threshold standard and quality of life; and, WHEREAS, the Developer may benefit by either: obtaining authorization to build TDIF- eligible improvements using District bond proceeds and thereby receive the District's TDIF credits, or obtaining such credits if the City builds and acquires the improvements using District bond proceeds. NOW, THEREFORE, IT IS HEREBY RESOLVED: SECTION 1. The above recitals are all true and correct. SECTION 2. City Council does hereby approve the First Amendment to the Agreement attached hereto as Exhibit "A". and SECTION 3. The Mayor is hereby authorized to execute the First Amendment to the Agreement on behalf of the City. PREPARED BY: APPROVED AS TO FORM BY: fA~ Jack Griffin Ann Moore Director of General Services City Attorney 9-5) 3. Recital No.8 is hereby revised by adding the date: "September 17" when the "Traffic Enh.ancement Improvement Agreement" was made. 4. Recital No. 12 is hereby revised by adding the words "or the City" to the first sentence as follows: "WHEREAS, the City, CFD No. 08-1 and Developer agree that the Improvements to be constructed by the Developer or the Citv may,....." 5. Recital No. 14 is hereby revised by adding the words "or the City" to the first sentence as follows: "WHEREAS, it is the intent of this Agreement that Developer. or the City shall be entitled pursuant to the provisions of this Agreement to be paid for each of the Improvements constructed by the Developer or the Citv....." 6. Recital No. 15 is hereby revised by adding the words "or the City" to the first sentence as follows: "WHEREAS, CFD No. 08-1 is willing to finance the acquisition of and acquire the Improvements to be constructed by the Developer, or the Citv....." 7. New Recital No. 16 is hereby added to read as follows: "WHEREAS, if this Agreement is applied to a TDIF-eligible Improvement that is constructed by the City, the term "Developer" as used within this Agreement may mean either "City" or "Contractor" as determined in the sole discretion of the City." 8. Exhibit A is hereby revised to add Improvement No.2: "Other TDIF-Eligible Roadways" with a Cost Estimate of "$3,400,000", all subsequent listed improvements are renumbered accordingly and the total cost estimate to delete "$47,142,150" and substitute in its stead: "$50,542,150" 9. All other terms and conditions not modified by this First Amendment to the Agreement shall remain in full force and effect. - NEXT PAGE IS SIGNATURE PAGE 9 ~ ':53 Signature Page to First Amendment to Acquisition/Financing Agreement by and between the City ofChula Vista and Otay Project, LP., EXECUTED by and between the parties hereto on the day and year first hereinabove written. "CITY" CITY OF CHULA VISTA STEVEN C. PADILLA MAYOR CITY OF CHULA VISTA STATE OF CALIFORNIA . ATTEST: APPROVED AS TO FORM: SUSAN BIGELOW, CITY CLERK ANN MOORE, CITY ATTORNEY CITY OF CHULA VISTA CITY OF CHULA VISTA STATE OF CALIFORNIA STATE OF CALIFORNIA "DEVELOPER" OTAY PROJECT, LP., a California limited liability company By: OTAYPROJECT, LLC, a California limited liability company, General Partner By: OT A Y RANCH DEVELOPMENT, LLC A Delaware limited liability company, its managing member ~ ~ ~ '/\or;: -f\J IVP Print name and title qJjY CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT State of cali~ (À County of °fjíJ o.æ [15 .;tc.cL ,.,. m. personally ppeared :Yoersonally known to me 0' proved to me on the basis of satisfactory evidence t@j"""'-C>o<'"~Y-KE~LE; 1 '< , ' Commission #I 1295364 ~ "" ",.\" No/my Public - California ~ (, ,,;¡',~J San Dleg, 0 co.,::: ~ ;- .. -.. MyComm,~feb25 2!D5 - .~, -'C" "-"...-,.-.' OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and C<Juld prevent fraudulent removal and raattachment of this form 10 anolher document Description of Attached Document litle or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by signer\' Signer's Name: 0 Individual Tap a"humb he" i! 0 Corporate Officer -lïtle(s): ::: 0 Partner - 0 Limited 0 General " ~~ 0 Attorney-in-Fact ~ r. 0 Trustee '« :p 0 Guardian or Conservator I) ri 0 Other: 9" <; '<"Ì < Signer Is Representing: ~ ~..;;.-.. ""<.- ""'" v",", ',Ä. v",," v""""",,, ~v 'G..~Q., ,~ ',Ä. W A~"v = = 'Ç~ v"", '\;;ç,¿.;~ = = ="9C '\i"v"". = ~ v = V v = "'" 'Ço' v = ~ ~ C19'9N,",".Noœ,A..~i","'935aO'So'oA,...P,O,Bo'2402'C""~",,,CA91"3'2402,-",00"'"",,,,0. Prod,No,5OOT R'o."C,IITolI,F~"'OO-S7~"27 q~ COUNCIL AGENDA STATEMENT Item iO Meeting Date 6/1/04 ITEM TITLE: Resolution approving the First Amendment to the Grant of Easements and Maintenance Agreement for Eastlake III Woods and Vistas. SUBMITTED BY: Director of General Services / City Engineer ~ REVIEWED BY: City Manageî D'V (4/5ths Vote: Yes_NoX) On April 15, 2003, the City approved the Grant of Easements and Maintenance Agreement for Eastlake III Woods and Vistas, establishing specific obligations and responsibilities for the maintenance of certain public improvements by the Eastlake Company LLC and/or their successor( s) in interest. Recently, Eastlake requested that the City amend the agreement in order to add the maintenance of certain public improvements and facilities located within the right-of-way of Woods Drive. RECOMMENDATION: That City Council adopt the resolution. BOARDS/COMMISSIONS: N/A. DISCUSSION: Eastlake has requested that the City consider amending the Grant of Easements and Maintenance Agreement (approved by Council, Resolution 2003-157), in order to add the maintenance by the Developer and/or their successor(s) in interest of the following public improvements located within the right-of-way of Woods Drive (see Attachment 1): . Street improvements (i.e., decorative pavement and associated improvements). These improvements would provide a distinct look and enhance the aesthetics of the private gate entries to the "Tour d'Elegance" estate lots within the Woods Neighborhood. . Woods Drive median landscaping and irrigation improvements. These improvements would further beautify the main entrance to the Eastlake Woods neighborhood off Otay Lakes Road. The proposed amendment (Attachment 3) has been reviewed by staff and approved as to form by the City Attorney. FISCAL IMPACT: There is no impact to the General Fund. All staff costs associated with processing of the proposed amendment will be reimbursed ftom developer deposit accounts. Attachments: 1: Location Plat 2: Grant of Easements and Maintenance Agreement LP: EWOO7F J:lEngineerILANDDEV\ProjectslEastiake III\Woods\WR-2&5\CAS Amended HOA Agreement.cb.doc /a-/ ------ -------------- SINGLE FAMILY RESIDENTIAL-VISTAS AND WOODS La CÞ-.TloN PI.- Å. T i ..E4STLAKE III ... A planned community by The EastLsKe \';Dmpany /~,~ RECOl{ÜED REQUEST OF First American Title SUBDIVISION MAPPING DEPT. Recording Requested by and Please Return to: City Clerk City ofChula Vista ----- P.O. Box 1087 Chula Vista, California 91912 This Instrument Benefits City Only. No Fee Required. Á This Space for Recorder's Use Only ... ,.".-" ".."',." " .~., .-.... '". '4.".._"."""""", C.V. File No.: EW-007F GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT (DEDICATED EASEMENTS) Tl1Îs GRANT OF E~EMENTS ~D MAINTENANCE AGREEMENT ("Agreement") is made as ofthis/f day of ~ ,2003, by and between the CITY OF CHULA VISTA, a municipal corporation ("City"), and THE EASTLAKE COMPANY, LLC, a Califomia lin1Îted liability company ("EASTLAKE"). RECITALS A. This Agreement concel11S and affects certain improvements within portions of the real property located in Chula Vista, California, more particularly described in Exhibit "A" attached hereto and incorporated herein ("Property"). The Property is part of a pla.¡med residential development project COnullOnly known as EastLake III Woods a.¡1d Vistas, Chula Vista Tract No. 01-09, being the subject of the City Council Resolution No. 2001-269 (the "City Resolution"). For purposes of this Agreement, the term "Project" shall refer to the overall EastLake III Woods and Vistas project, including, but not limited to the "Property." B. EASTLAKE is the Declarant under that certain Master Decla.¡'ation of Restrictions For EastLake III recorded in the Official Records of San Diego County, California on November 19, 1999 as instrument No. 1999-0770401 (the "Master Decla.¡'ation"). The Master Declaration provides for EASTLAKE III COMMUNITY ASSOCIATION, a Califomia Nonprofit Mutual Benefit Corporation ("MHOA") to maintain certain areas in the Project. Furthermore, one or more sub-associations may be formed ("SHOA") for a particular project(s) witl1În the Project, the purposes of which would include the maintenance of certain an1enities within the Project over wl1Îch the SHOA has jurisdiction. C. The Property is or will become covered by the certain finall11ap(s) (the "Final Maps") described on Exhibit" A" attached hereto and referenced in the title to tIlls Agreement. IG? ~3 ---- ---~-----,- ---,-------- D. In order for EASTLAKE to obtain the Final Maps and for tlle City to have assurance that the maintenance of certain areas within the Project would be provided for, the City and EASTLAKE entered into a Supplemental Subdivision Improvement Agreement pursuant to the City Resolution, in which EASTLAKE agreed that maintenance of such areas shall be accomplished by the creation of a home owners association. The Parcels shown on Exhibit "B" attached hereto describe those particular areas which were dedicated to the public on one or more of the Final Maps but which include landscaping and other improvements to be maintained by the MHOA. The public areas to be maintained by the MHOA are collectively refened to as the "Dedicated Easements". E. The City desires to grant to EASTLAKE easements for landscape maintenance purposes upon, over and across the Dedicated Easements as shown on Exhibit "B" in order to facilitate the obligations of EAST LAKE as set forth in Supplemental Subdivision Improvement Agreements, adopted pursuant to the City Resolution. NOW, THEREFORE, in consideration of the mutual covenants herein contained. the parties agree as set forth below. 1. Grant of Easements and License. The City hereby grants to EASTLAKE and its agents, successors and assigns, non-exclusive easements and right-of-ways over and across the Dedicated Easements for the purpose of maintaining, repairing and replacing landscape and hardscape located thereon. These grants are made without any wamlllties of any kind. express or implied, other than the wammty stated in Paragraph 13(f) below. 2. Maintenance Responsibilities (a) EASTLAKE to Initially Maintain. EASTLAKE hereby covenants and agrees. at its sole cost and expense, to maintain, repair and replace, or cause to be maintained. repaired or replaced. those improvements within the Dedicated Easements which are described on Exhibit "C" attached hereto, at a level equal to or better than the level of maintenance set forth in the Landscape Master Plan for the Woods and Vistas approved by the City on May 24, 2002. For purposes of this Agreement, the term "Maintenance" or "Maintain" shall mean the maintenance, repair and replacement obligations described herein and on Exhibit "C" hereto and shall also include repair and replacement at no cost to the City of any City owned property that is damaged during peliOlmance of the maintenance responsibilities pursuant to this Agreement. Exhibit" C" also refers to the maintenance responsibilities of City. (b) Transfer to MHOA. Upon EASTLAKE's transfer of maintenance obligations to the MHOA, (i) the MHOA shall become obligated to peliorm the obligations so transfened, and (ii) subject to the City determining that the requirements of Paragraph 3 below have been satisfied, EASTLAKE shall be released from such obligation. Transfer of maintenance obligations to the MHOA may be phased (that is, there may be mlùtiple transfers). ~rJ-f' (c) Transfer By MHOA. The MHOA shall have the right to transfer Maintenance obligations to a sub-association ("SHOA") or to the owner of an apartment project ("Transferee"). Upon the MHOA's transfer of Maintenance obligations to a Transferee, (i) the Transferee shall become obligated to perform the obligations so transfelTed, (ii) the MHOA shall retain the right to perform the Maintenance should the Transferee fail to do so, and (iii) the MHOA shall be released ftom the obligations so transferred subject to the City determining that the requirements of Paragraph 4 below have been satisfied. Although it is possible that Maintenance obligations might be transferred to an apartment owner, EASTLAKE does not believe it is likely that Maintenance obligations will be transferred to an apartment owner. 3. Assignment by EASTLAKE and Release of EAST LAKE (a) Assignment. Upon EASTLAKE's transfer of the Maintenance obligations to the MHOA, it is intended by the parties that the MHOA shall perform the Maintenance obligations either itself or by contractors. Such transfer will release EASTLAKE from its obligations only if all of the following occur: (i) MHOA Accepts Obligation. The MHOA has unconditionally accepted and assumed all ofEASTLAKE's obligations wIder this Agreement in writing, such assignment provides that the burden of this Agreement remains a covenant fillming with the land, and the assignee expressly asswnes the obligations of EASTLAKE under this Agreement. The assignment shall also have been approved by the appropriate governing body of the MHOA by resolution or similar procedural method and approved as to form and content by the City Attorney. The City shall not unreasonably withhold its consent to such assignment. (ii) MHOA's Master Declaration. The City has reviewed and approved the MHOA's recorded Master Declaration to confinn that said document contains appropriate maintenance, indemnity and insurance provisions. The City hereby acknowledges tlIat it has so approved the Master Declaration. This condition "(ii)" will apply to any further amendments which require City's consent pursuant to provisions of the Master Declaration or which would be contrary to the temIS of this Agreement. (iii) MHOA Insurance. The MHOA procures and formally resolves to maintain at its sole cost and expense, commencing no later than the City's release of all of EASTLAKE's landscape maintenance bonds, a comprehensive general liability and property damage insurance policy insuring the MHOA and the Owners against liability incident to ownership or use of the MHOA Property. The limits of such insurance shall not be less than $3 Million covering all claims for death, personal injmy and property damage arising out of a single occurrence. The insurer issuing such insurance shall have rating by A.M. Best of "A, Class V" or better with no modified occurrences and as admitted by Best's Insurance Guide. Such insurance shall include the following additional provisions provided they are available on a commercially reasonable basis: (a) The City of Chula Vista shall be named as an additionally insured party to such insurance pursuant to the City's requirements the MHOA do so; 3/¡_,5"" --------~_.__. (b) The policy shall not contain a cross-suit exclusion clause which would abrogate coverage should litigation ensue between insureds; (c) The policy shall contain the following severability clause (or language which is substantially the same): "The coverage shall apply separately to each insured except witll respect to the limits of liability." The MHOA shall provide the City with a Certificate of Insurance upon acceptance of the transfer of the Maintenance obligations herein. (b) Release. When all conditions precedent in Paragraph 3 (a) are fulfilled, EASTLAKE shall be released from its obligations under this Agreement, including its security and insurance requirements. EASTLAKE acknowledges that it has a contrachlal obligation to perform the tenns and conditions of this Agreement until and unless released by the City from this Agreement. At least sixty (60) days prior to such transfer, EASTLAKE shall give a notice to the City of EASTLAKE's intent to transfer its Maintenance obligations herein and provide the City with the appropriate documents listed in Paragraph 3(a). 4. Assignment by MHOA and Release ofMHOA. (a) Assignment. Upon MHOA's transfer of the Maintenance obligations to a Transferee, it is intended by the parties that the Transferee shall perfoml the Maintenance obligations either itself or by contractors. Such transfer will release the MHOA from its obligations only if all of the following occur: (i) Transferee Accepts Obligation. The Transferee has unconditionally accepted and assumed all of the MHOA's obligations under this Agreement in writing, such assignment provides that the burden of this Agreement remains a covenant running with the land, and the assignee expressly assmnes the obligations of the MHOA under this Agreement. If the Transferee is an SHOA. the assignment shall also have been approved by the appropriate governing body of the SHOA by resolution or similar procedural method and approved as to form and content by the City Attomey. The City shall not unreasonably withhold its consent to such assignment. (ii) SHOA's Declaration of Restrictions. If the Transferee is an SHOA, the City has reviewed and approved the SHOA's recorded Declaration of Restlictions to confirm that said document contains appropriate maintenance and insurance provisions. (iii) SHOA Insurance. The Transferee procures and formally resolves to Maintain at its sole cost and expense, a policy of public liability insurance, which meets the requirements set forth in Paragraph 3 (a) (Hi) above. The SHOA shall provide the City Witll a Certificate of Insurance upon acceptance of the transfer of the Maintenance obligations herein. 4 /CJ~6 (b) Release. When all conditions precedent in Paragraph 4(a) are fulfilled, the MHOA shall be released from its obligations under this Agreement, including its security and insurance requirements. At least sixty (60) days prior to such transfer, MHOA shall give notice to the City of MHOA's intent to transfer its Maintenance obligations herein and provide the City witl1 the appropriate documents listed in Paragraph 4(a). 5. EASTLAKE's Insurance. Until such time as the MHOA has obtained the general liability instU'ance required by Section 3 (iii) above and Section 13.1.3 of the Master Declaration, EASTLAKE hereby agrees to procure and maintain a policy of comprehensive general liability insurance written on a per occurrence basis in an amount not less than One Million Dollars ($1,000,000) combined single limit, at its sole cost and expense. 6. Indemnity. EASTLAKE understands and agrees tl1at City, as indemnitee, or any ofiìcer, agent, or employee thereof, shall not be liable for injury to person or property occasioned by reason of the acts or omissions of EASTLAIŒ, its agents, employees, successors, or assigns, related to EASTLAKE's Maintenance activities in the Dedicated Easement Areas. EASTLAKE fuliher agrees to protect and hold the City, its officers, agents and employees, harmless from any and all actions, suits, claims, damages to persons or property, costs including attorney's fees, penalties, obligations, errors, omissions, demands, liability, or loss of any sort (herein "claims or liabilities"), that may be asserted or claimed by any person, firn1, or entity because of or arising out of or in cOlmection with the use, maintenance, or repair of the Dedicated Easement Areas by EASTLAKE, its agent, employees, successors, assigns, members, or contractors, excepting any sole negligence or sole willful misconduct on the part of City, its oíncers, employees, and agents. 7. Indemnity If Tt'ansferee The doctUnent whereby the MHOA transfers a Maintenance obligation to an SHOA or apartment owner shall be signed by both the MHOA and the Transferee and shall set fOlih an express assumption of Maintenance and other obligations hereunder and shall include the following indemnification provision: Indemnity. The [Transferee's name] shall indemnify and hold the City, its officers, agents and employees, harmless from any liability, cost or expense, including reasonably incmred attorneys' fees, which result from the Transferee's failure to comply with the requirements of the obligations transferred hereby to Transferee. Transferee shall not have any liability tU1der this Indemnity by reason of another party's failure to maintain. It is specifically intended that the City shall have the right to enforce this Indemnity. This ~ndemnity may not be amended without the written consent of the City Planning Director or City Attorney. 5 /&~7 ------,--,--- 8. Agreement Applicable to Subsequent Owners. (a) Agreement Binding Upon Any Successive Parties. This Agreement shall be binding upon EASTLAKE and any successive Declarant under the Master Declaration. TI1Îs Agreement shall be binding upon MHOA and any Transferees upon transfer of maintenance obligations to the MHOA or Transferee, respectively. This Agreement shall inure to the benefit of the successors, assigns and interests of the paliies as to any or all of the Property. (b) Agreement Runs With the Land. The burden of the covenants contained in this Agreement is for the benefit of the Propeliy and the City, its successors and assigns, and any successor-in-interest thereto. The City is deemed the beneficial)' of such covenants for and in its own right alld for the purposes of protecting the interest of the community and other parties, public or private, in whose favor and for whose benefit such covenants 1l.1ru1Îng with the lalld have been provided, without regal'd to whether the City has been, remained or are owners of any particulal' land or interest therein. If such COVenallts al'e breached, the City shall have the right to exercise all rights alld remedies alld to maintain allY actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach to which it or any otller beneficial-ies oftl1Îs Agreement and the covenants may be entitled. 9. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of Califol11ia. 10. Effective Date. The terms and conditions of this Agreement shall be effective as of the date this Agreement is recorded in the Official Records of the Sall Diego County Recorder's Office. 11. Counterparts. This Agreement may be executed in any number of counterparts. each of wl1Îch shall be original and all of which shall constitute one alld the SaIne document. 12. Recording. The parties shall cause this Agreement to be recorded in the Official Records of the San Diego COlmty Recorder's Office within thirty (30) days after this Agreement has been approved by tlle City Council. 13. Miscellaneous Provisions. (a) Notices. Unless otherwise provided in this Agreement or by law, any and all notices required or pennitted by this Agreement or by law to be served on or delivered to either party shall be in writing alld shall be deemed duly served, delivered and received when personally delivered to the party to whom it is directed or, in lieu thereof, when three (3) 6/¿ì -¡j? business days have elapsed following deposit in the United States mail, certified or registered mail, return receipt requested, first-class postage prepaid, addressed to the address indicated in this Agreement. A party may change such address for the purpose of this Paragraph by giving written notice of such change to the other party. IfTo City: CITY OF CHULA VISTA Department of Engineering 276 Fourth Avenue Chula Vista, CA 91910 Attn: Deputy Director of Enginee¡ing IfTo EASTLAKE: THE EASTLAKE COMPANY, LLC 900 Lane Avenue, Suite 100 Chula Vista, CA 91914 Attn: Curt Smith, Vice President (b) Captions. Captions in this Agreement are inserted for convenience of reference and do not define, desctibe or limit the scope or intent of this Agreement or any of its terms. (c) Entire Agreement. This Agreement, together with any other written document refened to herein, embody the entire agreement and lmderstanding between the paliies regarding tlle subject matter hereof, and any and all prior or contemporaneous oral or written representations, agreements, understandings and/or statements shall be of no force and effect. This Agreement is not intended to supersede or amend any other agreement between the pmiies wlless expressly noted. Cd) Recitals; Exhibits. Any recitals set forth above and mlY attached exhibits are incorporated by reference into tlllS Agreement. (e) Compliance With Laws. In the perfOl111anCe of its obligations under this Agreement, EASTLAKE, its agents and employees, shall comply with any mld all applicable federal, state and local rules, regulations, ordinances, policies, permits and approvals. (f) Authority of Signatories. Each signatory and party hereto hereby warrants mld represents to the other pmiy that it has legal authority and capacity and direction from its ptincipal to enter into tllis Agreement, and that all resolutions and/or otller actions have been taken so as to enable said signatory to enter into this Agreement. (g) Modification. This Agreement may not be modified, terminated or rescinded, in whole or in part, except by Wlitten instrument duly executed and acknowledged by tlle parties hereto, their successors or assigns, and duly recorded in tlle Official Records of the San Diego County Recorder's Office. 7/tJ-1 --.-.-----------. -.--.-- (h) Severability. If any term, covenant or condition of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or lU1enforceable, the remainder of this Agreement, or the application of such term, covenant or condition to person or circumstance, shall not be affected thereby and each tenn, covenant or condition shall be valid and be enforced to the fullest extent pem1itted by law, (i) Preparation of Agreement. No inference, assumption or preslUnption shall be drawn from the fact that a party or its attorney prepared and/or drafted this Agreement. It shall be conclusively presumed that both pat1ies pat1icipated equally in the preparation at1d/or drafting of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first set f0l1h above. NEXT PAGE IS SIGNATURE PAGE ~'l"O Signature Page to Agreement between City of Chula Vista and The EastLake Company, LLC For Grant of Easements and Maintenance Agreement (Dedicated Easements) IN WITNESS WHEREOF, City and EASTLAKE have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dated: ,2003 'lla, Mayor Attest: ~ iiu~ .~ Susan Bigelow, City g~k Approved as to form: CA -y\Å...lÇ).-( ~ Ann Moore, City Attorney Dated: Ú r--1 .J- ~,)()ð ~ The EastLake Company, LLC, a CalifO~:::t Company By: Curt Smith, Vice President By:Q) 0 \¡.(\(I\~ Debi Klingner, VI e President :\EngineerILANDDEV\Proj ec..lEastlake lIl\ W oods\ WR -2&5\Agreement-Draft.doc 9 /0-# CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT I State of California }ss. 1 1 County of San Diego I' April 1, 2003 before me, Denise M. On Smith, Notary Publi,c I 1 D.. N.m.~d_oIO."".-",'_Doo,No",,""bI" 1 personally appeared Cnr'!" !':mi'!"h Rnn n':~.!c'JoI~~.,"g1'pr I' I, 0 personally known to me 1 ~ proved to me on the basis of satisfactory I evidence I' I I- J it. ";';"-.. -;.;,: - I to be the person@ whose name(§) is~ I r subscribed to the within inst ent and 'J 1 - CommiaaIon" 1238358 ¡ Nablry PubIk:- CallfDmlll ~ acknowledged to me that he/sh he executed I' t San DIego County f the ~ in his/her ei authorized J I, capaci ies and that by his/her eir ,I 1 .. - - ~~~o.:22,~ signatur 5 on the instrument the person~ I, the entity upon behalf of which the perso'Ø 'I I, acted, executed the instrument. I- "I I' WITNESS my hand and official seal. 1 I' ~7t!.~ -J 5Io,,""oIN"'0"". -I I- -I I' -I I, OPTIONAL I- Though the inlorme«on below is not required by law, ft may prove veluable to persons relying on the document and could prevent I, fraudulent removeland reaftaehmento/this form to another document t Descrition of Attached Document I- East ake III Woods & Vistas Chula Vista Tract 01-09 I' TItle or Type ofbocument Grant of Easements and Maintenance I' I, Agreement (Dedicated Easements) C.V. File No.: EW-007F -I Document Date: Number of Pages: "I Signer(s) Other Than Named Above: I- I' Capacity(ies) Claimed by Signer I, .1 I- Signer's Name: 1 1 -I 1 . 0 Individual Top of ~umb no.. .1 0 Corporate Officer - Title(s): 'I I, 0 Partner - 0 Umited 0 General -I I, 0 Attorney-in-Fact -I I- 0 Trustee 'I I, 0 Guardian or Conservator -I I' 0 Other: 1 1 .1 I, Signer Is Representing: 'I 'I "'~ ~"~- ~ - - - - - .. , "- - - - - - - - - -~~"~::x. ------- 0"99 N.',," No""......"'.""""'S.,.".. P"o" """"". C"""""", C'9131H""'-",,"'"-""" p"",- No- 5907 '~.",C"T.>F""."""SS27 /0 -/ Þ EXHIBIT "A" MASTER HOMEOWNERS ASSOCIATION DEDICATED EASEMENTS CHULA VISTA TRACT NO. 01-09, EASTLAKE III WOODS AND VISTAS PARCEL "A" THOSE PORTIONS OF BLUE RIDGE DRIVE, BLUE RIDGE COURT, NORTHWOODS DRIVE, NORTHWOODS WAY, WOODS DRIVE, ALDER GROVE WAY, ASPEN GLEN COURT, ASPEN GLEN ROAD, AND ADIRONDACK PLACE AS DEDICATED TO PUBLIC USE ON CHULA VISTA TRACT NO. 01-09, EASTLAKE III WOODS NEIGHBORHOODS WR-l AND WR-3, MAP NO. 14403; TOGETHER WITH THOSE PORTIONS OF DUNCAN RANCH ROAD, STONE GATE STREET, HUNTE P ARKW A Y, HAWTHORNE CREEK DRIVE, MOUNTAIN ASH AVENUE, SILVER OAK PLACE, MULBERRY WAY, WHITE ALDER AVENUE, SADLERS CREEK ROAD, SADLERS CREEK WAY, JOSHUA CREEK ROAD, JOSHUA CREEK PLACE, AND RUSTIC WOOD STREET AS DEDICATED TO PUBLIC USE ON CHULA VISTA TRACT NO. 01-09, EASTLAKE III WOODS NEIGHBORHOOD WR-4, MAP NO. 14394; TOGETHER WITH THOSE PORTIONS OF YOSEMITE DRIVE, STONE GATE STREET, TABLE ROCK AVENUE, TABLE ROCK WAY, AND WIND CAVE PLACE AS DEDICATED TO PUBLIC USE ON CHULA VISTA TRACT NO. 01-09, EASTLAKE III WOODS NEIGHBORHOODS WR-6 AND WR-7, MAP NO. 14372, TOGETHER WITH THOSE PORTIONS OF CHESAPEAKE PLACE, CHESAPEAKE COURT, ADIRONDACK PLACE, CAMPHOR COURT, SILVER OAK COURT, SILVER OAK PLACE, SUTTER RIDGE DRIVE, SUTTER RIDGE COURT, SUTTER RIDGE WAY AND SHENANDOAH DRIVE AS DEDICATED TO PUBLIC USE ON CHULA VISTA TRACT NO. 01-09, EASTLAKE III WOODS NEIGHBORHOOD WR-2, WR-5 AND A PORTION OF NEIGHBORHOOD WR-4, MAP NO. jIfs77 , TOGETHER WITH THOSE PORTIONS OF WOODS DRIVE GRANTED TO THE CITY OF CHULA VISTA PER DOCUMENT RECORDED MAY 13,2002 AS FILE NO. 2002-0404428, THOSE PORTIONS OF HUNTE PARKWAY DEDICATED TO THE CITY OF CHULA VISTA PER DOCUMENT RECORDED JULY 3, 1997 AS FILE NO. 1997- 0316062; A PORTION OF OTAY LAKES ROAD DEDICATED TO THE CITY OF CHULA VISTA PER DOCUMENT RECORDED NOVEMBER 28, 1990 AS FILE NO. 1990-634654; THOSE PORTIONS OF OTAY LAKES ROAD DEDICATED TO THE CITY OF CHULA VISTA PER CHULA VISTA TRACT NO. 01-09, EASTLAKE III - WOODS - NEIGHBORHOOD WR-4 IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO THE MAP THEREOF NO. 14394 FILED IN THE OFFICE OF THE COUNTY RECORDER MAY 16TH, 2002 AND PER CHULA VISTA TRACT NO. 88-3 EASTLAKE GREENS PHASE 1 B/C IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO THE MAP THEREOF NO. 12545 FILED IN THE OFFICE OF THE COUNTY RECORDER JANUARY 26TH, 1990, TOGETHER WITH THOSE PORTIONS OF FUTURE PROCTOR VALLEY ROAD FRONTING THE PROJECT INCLUDING FUTURE PUBLIC PARKWAYS, SHOWN AS PARCEL "A" ON EXHIBIT "B" (SHEETS 1 THROUGH 4), ATTACHED HERETO AND MADE A SHEET 1 OF 4 /1) -/.:) -- ------ - -----~--~--_._-- - EXHIBIT "A" PART HEREOF. PARCEL "A" INCLUDES THE BEVELED CURB AND GUTTER, PARKWAYS, AND D.G. TRAILS/WALKS WHERE APPLICABLE ALONG SAID STREETS, BUT DOES NOT INCLUDE ANY STRAIGHT CURB OR SIDEWALKS. PARCEL "B" THE LANDSCAPE BUFFER AND PUBLIC ACCESS EASEMENT GRANTED TO THE CITY OF CHULA VISTA OVER A PORTION OF LOT "A" OF CHULA VISTA TRACT NO. 01-09, EASTLAKE III WOODS NEIGHBORHOODS WR-l AND WR-3, MAP NO. 14403; TOGETHER WITH THE 20' LANDSCAPE EASEMENT GRANTED TO THE CITY OF CHULA VISTA PER DOCUMENT RECORDED JULY 3, 1997 AS FILE NO. 1997-0316062 AND THE 20' WIDE LANDSCAPE BUFFER AND PUBLIC ACCESS EASEMENT GRANTED TO THE CITY OF CHULA VISTA OVER PORTIONS OF LOTS "E", "I", "J", AND "K" OF TRACT NO. 01-09, EASTLAKE III WOODS NEIGHBORHOOD WR-4, MAP NO. 14394; TOGETHER WITH THE 20' WIDE LANDSCAPE BUFFER AND ACCESS EASEMENTS GRANTED TO THE CITY OF CHULA VISTA OVER PORTIONS OF LOT 256, "A" AND "D" OF CHULA VISTA TRACT NO. 01-09, EASTLAKE III WOODS NEIGHBORHOODS WR-6 AND WR-7, MAP NO. 14372, TOGETHER WITH THE 20' WIDE LANDSCAPE AND PUBLIC ACCESS EASEMENT ALONG OT A Y LAKES ROAD GRANTED TO THE CITY OF CHULA VISTA PER DOCUMENT RECORDED MAY 13,2002 AS FILE NO. 2002-0404429 SHOWN AS PARCEL "B" ON EXHIBIT "B" (SHEETS 1 THROUGH 4), ATTACHED HERETO AND MADE A PART HEREOF. PARCEL "c" THE PEDESTRIAN ACCESS EASEMENTS GRANTED TO THE CITY OF CHULA VISTA OVER PORTIONS.oF LOTS "D" AND "E" TRACT NO. 01-09, EASTLAKE III WOODS NEIGHBORHOODS WR-l AND WR-3, MAP NO. 14403 TOGETHER WITH THE 15' PEDESTRIAN ACCESS EASEMENT GRANTED TO THE CITY OF CHULA VISTA OVER PORTIONS OF LOT "F", "G", AND "K" OF CHULA VISTA TRACT NO. 01-09, EASTLAKE III WOODS NEIGHBORHOOD WR-4, MAP NO. 14394, SHOWN AS PARCEL "c" ON EXHIBIT "B" (SHEETS 1 THROUGH 4), ATTACHED HERETO AND MADE A PART HEREOF. PARCEL "D" THE EMERGENCY ACCESS EASEMENT GRANTED TO THE CITY OF CHULA VISTA OVER A PORTION OF LOT "A" OF CHULA VISTA TRACT NO. 01-09, EASTLAKE III WOODS NEIGHBORHOODS WR-6 AND WR-7, MAP NO. 14372, SHOWN AS PARCEL "D" ON EXHIBIT "B" (SHEETS 1 THROUGH 4), ATTACHED HERETO AND MADE A PART HEREOF. SHEET 2 OF 4 /d-/Y' EXHIBIT "A" PARCEL "E" THOSE PORTIONS OF LAKE CREST DRIVE, RAMBLING VISTA ROAD, OLD J.I\NAL RANCH ROAD, LONG VIEW DRIVE, SILVER HAWK WAY, BLUE SAGE WAY, OLYMPIC VISTA ROAD, LOST CREEK ROAD, AND GEIGER CREEK ROAD AS DEDICATED TO PUBLIC USE ON CHULA VISTA TRACT NO. 01-09, EASTLAKE III VISTAS PHASE I FINAL MAP NO. 14376; TOGETHER WITH THOSE PORTIONS OF LAKE CREST DRIVE, BLUE SAGE WAY, ECHO RIDGE WAY NORTH, ECHO RIDGE WAY SOUTH, ECHO RIDGE TERRACE, SHADOW CREST COURT, STERLING RIDGE COURT, LAKE CREST COURT, SHADOW RIDGE WAY, RAMBLING VISTA ROAD, LAKE CREST DRIVE, AGATE CREEK WAY, CANOE CREEK WAY, NETTLE CREEK WAY, NETTLE CREEK COURT, LYTTON CREEK COURT, OLYMPIC VISTA ROAD, AND LONG VIEW DRIVE AS DEDICATED TO PUBLIC USE ON CHULA VISTA TRACT NO. 01-09, EASTLAKE III VISTAS PHASE II FINAL MAP NO. 14404, TOGETHER WITH THOSE PORTIONS OF OLYMPIC PARKWAY DEDICATED TO THE CITY OF CHULA VISTA PER DOCUMENT RECORDED FEBRUARY 29, 1996 AS FILE NO. 1996- 0101149, DOCUMENT RECORDED MARCH 26, 1996 AS FILE NO. 1996-0148613, AND DOCUMENT RECORDED MAY 22, 1999 AS FILE NO. 1999-0367386 AND SHOWN AS PARCEL "E" ON EXHIBIT "B" (SEE SHEETS 5 THROUGH 14), ATTACHED HERETO AND MADE A PART HEREOF. PARCEL "F" THE 20' LANDSCAPE BUFFER AND PUBLIC ACCESS EASEMENT GRANTED TO THE CITY OF CHULA VISTA OVER A PORTION OF LOT "A", THE 20' LANDSCAPE BUFFER AND PUBLIC ACCESS EASEMENT GRANTED TO THE CITY OF CHULA VISTA OVER A PORTION OF LOT "E", THE 20' LANDSCAPE BUFFER AND PUBLIC ACCESS EASEMENT GRANTED TO THE CITY OF CHULA VISTA OVER A PORTION OF LOT "F", AND THE 30' LANDSCAPE BUFFER AND PUBLIC ACCESS EASEMENT GRANTED TO THE CITY OF CHULA VISTA OVER A PORTION OF LOT "146", TRACT NO. 01-09, EASTLAKE III VISTAS PHASE I FINAL MAP NO. 14376; TOGETHER WITH THE 20' LANDSCAPE BUFFER AND PUBLIC ACCESS EASEMENT GRANTED TO THE CITY OF CHULA VISTA OVER A PORTION OF LOTS "728", "EE", "GG", "FF", "Y", "Z", AND "DD" TRACT NO. 01-09, EASTLAKE III VISTAS PHASE II FINAL MAP NO. 14404; TOGETHER WITH THE 20' LANDSCAPE BUFFER AND PUBLIC ACCESS EASEMENT GRANTED TO THE CITY OF CHULA VISTA OVER A PORTION OF PARCEL "1" TRACT NO. 01-09, PARCEL MAP NO. 19091, SHOWN AS PARCEL "F" ON EXHIBIT "B" (SEE SHEETS 5 THROUGH 14), ATTACHED HERETO AND MADE A PART HEREOF. PARCEL "G" THE 20' PEDESTRIAN ACCESS EASEMENT GRANTED TO THE CITY OF CHULA VISTA OVER A PORTION OF LOT "E" AND THE 14' PEDESTRIAN SHEET 3 OF 4 /tl-/S- ~ --~_._---- ...---- EXHIBIT "A" ACCESS EASEMENT GRANTED TO THE CITY OF CHULA VISTA OVER A PORTION OF LOT "E", TRACT NO. 01-09, EASTLAKE III VISTAS PHASE I FINAL MAP NO. 14376; TOGETHER WITH THE 20' PUBLIC ACCESS EASEMENT GRANTED TO THE CITY OF CHULA VISTA OVER A PORTION OF LOT "DD", THE 16' PUBLIC ACCESS EASEMENT GRANTED TO THE CITY OF CHULA VISTA OVER A PORTION OF LOT "DD", THE 20' PUBLIC ACCESS EASEMENT GRANTED TO THE CITY OF CHULA VISTA OVER A PORTION OF LOT "S", THE 20' PUBLIC ACCESS EASEMENT GRANTED TO THE CITY OF CHULA VISTA OVER A PORTION OF LOT "AA", THE 23' PUBLIC ACCESS EASEMENT GRANTED TO THE CITY OF CHULA VISTA OVER A PORTION OF LOT "EE", AND THE 25' ACCESS EASEMENT GRANTED TO THE CITY OF CHULA VISTA OVER A PORTION OF LOT "728", TRACT NO. 01-09, EASTLAKE III VISTAS PHASE II FINAL MAP NO. 14404; TOGETHER WITH THE 17' PUBLIC ACCESS EASEMENT GRANTED TO THE CITY OF CHULA VISTA OVER A PORTION OF LOT "-", TRACT NO. 01-09, EASTLAKE III VISTAS PHASE - FINAL MAP NO.~SHOWN AS PARCEL "G" ON EXHIBIT "B" (SEE SHEETS 5 THROUGH 14), ATTACHED HERETO AND MADE A PART HEREOF. J:\EnginccrILANDDEVlProjcctsIEastlakc 1I~WoodsIWR-2&SIHOA EXHIBIT A-WOODS&VISTAS.doc SHEET 4 OF 4 . /r) 7'4& LEGEND EXHISIT IISII SHEET 1 OF 14- - PARCEL .A~' H.O.A. MAINTAINED ~ CITY RlGHT-OF-WA Yo E2Z3 PARCEL ':9~' H.o.A. MAINTAINED CITY LANDSCAPE BUFFER AND PUBLIC ACCD:S' EASfJrlENT. ~ PARCEL .C~' H.O.A. MAINTAINED CITY P£D£STRIAN ACCESS EASfJrlENT. ~ PARCEL .D~. H.o.A. MAINTAINED £AlERGENCY ACCESS £ASfJrlENT If =-~ ,/;' ;; ~/ 'I / J,fJ/"" ;:.~";.~., II ~~ "'" f'm~., SEE DETAIL 'A' ( THIS SHŒT;; ;:.~ '(J.i,":. / / J ~ A ~ , ~ /Í FUTURE: I?\W StJeol'ASlON BOi/NDAI?Y 20' LANDSCAPE: BUFFER ....JZ DETAIL -A- NOT TO SCALE SEE SHEET J OF 14 EASTLAKE III '" WOODS /p '/7 CHULA VISTA TRACT NO. 01-09 CITY OWNED RIGHT-OF - WA y/EASEMENTS MAINTAINED BY H. O.A. 4-f-n'f ¡:;Rn¡:;PJYPJ'PJnlU"'- ¡:;Rn¡:;Rn'f --~------- ---...---.--. ---.-.-.------.-..---- - EXHISIT IISII SHŒT 2 OF 14 - EASTLÅKE III - WOODS /ð~ æ CHIJLÅ VISTA THACT NO. 01-09 CITY OWNED HIGHT-OF - WA y/EASEMENTS MAINTAINED BY H. O.A. -------_-__-_H______----------------------- ------------_UU_------- ----- --.. ---- -- EXHISIT -S- SHŒT 3 OF ,~ ~ ~ ~ ~ :t ~ .... .... ~ ~ 'to .... ~ ~ ~ ~ ~ EASTLAKE III '" WOODS /O-/l æ CHlJLA VISTA THACT NO. 01-09 CITY OWNED -- HIGHT-OF - WA y/EASEMENTS MAINTAINED BY H. O.A. -- -~--- ------------ -- ----------------- --------.---.----- -----------" EXHIBIT IIBII SHEET .(. OF 1,(, R/W ~ R/W I (H.aA. UAlNTAINBJ H.aA. UAlNTAINBJ ì I CITY RIGHT-OF-WA Y CITY RIGHT-OF-WA Y I I I I Ie' i I:J I 1 r' . ~~.l - . " I ". - BE'ÆL£D CURB (TYP.) TYPICAL SECTION WITH BEVELED CURB NOT TO SCALE: R,I'W ~ R,I'W I ç H.a.< MAINTAINED H.a.< IoIAINTAINED) I CITY RIGHT-OF-WA Y CITY RIGHT-OF-WA Y I I 1M i 11 I i r'~~'~ _I '. ',' I .'. -li TYPICAL SECTION WITH STRAIGHT CURB NOT TO SCALE: { R,I'W - H.O.A. MAINTAINE:D I LANDSCAPE: BUFFE:R ~ H. o.A. MAINTAINE:O AND PUBliC A CCE:SS I ME:DIAN I E:ASÐ.IE:NT I CJl H:aA. IoIAINrAIN£D "\ CITY RIGHT-OF-WA Y rI 7:::!ffil' CITY MAINTAINE:O SlDE:WALK TYPICAL SECTION .... PROCTOR VALLEY ROAD NOT TO SCALE: EASTLÅKE III .... WOODS / ()~..;.() æ CHULA VISTA TRACT NO. 01-09 CITY OWNED HIGHT-OF - WA y/EASEMENTS MAINTAINED BY H. O.A. . . .- -.---...-- .u.. ----- -- -- LEGEND EXHIBIT IIBII EX~IBIT 5 OF 1 <1 .. PJRCEL "8 HOA I/NNT"NNED CfTY RJBHT-oF~N' ~ PJRCEL.,e-, HOA I/NNT"NNED CITY LNiI:1SC1PE BUFFER NlD PUSUC JCCESS EßSEJIEJIT' ~ PARCEL 'VI HOA I/NNT"NNED ~ CITY PEDERSTRINI JCCESS EASrI/EIff l ¡ ¡ : z......s: $ ¡ SCALE: 1" = 200' ¡ : ExHIBIT 6 of ,. :. II RrcKEN~n.==>n.v-o EASTLAKE III VIST AS ¡~ ""'r>~.c.c..L'\J.J.'IU CITY OF CHUlÂ VISTA TRACT NO. 01-09 ~~ '" ~vu'ANY CITY OWNED RIGHT OF WAY/ ¡~ i'.~I'=~: ~=-';:..::;'-=- EASEMENTS MAINTAINED BY H.O.A. /0 '-41 -- - ----~---~-- --~--~--------------- SEE EXHIBIT 5 OF 1 ~ I ~XHIBIT '1'1" I I ~ .... ~ .... >- ¡¡¡ :;: x .... .... .... '" '-/ z d $ SCALE: 1" = 200' II RICK EASTLAKE III VIST AS . ENGINEERING CTY OF CHLLA VISTA TRACT NO. 01-09 ! '" COMPANY CTY OWt£D RIGHT OF WAYI t ~':i"(,=,~: #.;X =~..::'¡"='.......... EASEMENTS MAINT AIrED BY H.D..A. /0 ~ .)..l.. ~ SEE EXHIBIT 8 OF '4 EXHIBIT 7 OF 1 ¿¡ ~ \) \. ~ ;..¡. C" -- :'ó :! t '" i ! ~ ¡ z = $ 1 SCALE: 1" = 200' , L II RICK EASTLAKE III VISTAS §~ ENGINEERING CITY OF aULA VISTA TRACT. NO. 01-09 ,- .~ .. COMPANY CITY OWNED RIGHT OF WAY/ -.~ ~. ~:I.='~' ~ =¡Í:.'1..::i'~- EASa.tENTS MAINTAINED BY H.Q.A. /0 ~..J3 ~~'I/ EXHIBIT 8 OF l' '" .... as '" x "" t:j '" RICK SEE EXHIBI 7 OF 14 EASTLAKE III VIST AS ~ EN~ CITY OF CHLl.A VISTA TRACT No. 01-09 ~N Ca.APANY CITY OWNED RIGHT OF WAY/ ~J"{~,~'. ~=19~..::i~=~ EASEMENTS MAINTAINED BY H.o.A. /0 -,2£/ -- SEE EXHIBIT 14 OF '4 EXHIBIT liB II EXHIBIT 9 OF 14 LAKE CREST DRIVE 1- n ::tI ~ "" n ..... ~TlE ~ WAY \ ~ ;;: CANDE CREEK WAY ~~ ~ ~ ~ 0 0 '" >- ¡¡; ~ w AGATE CREEK WAY !j;¡ ¡ ! ~ . z ~ $ ; ~ SCALE: 1" = 200' : SEE EXHIBIT 10 OF 14 t .- RICK EASTLAKE III VISTAS ~. ENGINEERING aTY OF CHUlA VISTA TRACT No. 01-09 H N COMPANY CTY OWNED RIGHT OF WAYt ~~ ~~~1~,~~;r¡i~..~:~:- EASalENTS MAINTAINED BY H.O.A. /tJ ~,,),S- ---- ---_._-------~--~------_._~-- SEE EXHIBIT 9 OF '4 EXHIBIT "1311 EXHIBIT 10 OF 1'1 ... ..... 0 f- ¡¡¡ ~ "" "" "" '" z &I RICK EASTLAKE III VIST AS ENGlNEERING CITY OF CIUlLA VISTA TRACT NO. 01-09 - CoMPANY CITY OWNED RIGHT OF WAY/ ~:{'=~T: ~ ~m19":"~::~- EASEJ.IENTS MAINTAINED BY H.O.A. /d ~ ..2..6 SEE EXHIBIT 10 OF 1~ ~ EXHIBIT liB II \ \ \ ~ \ : 0 N .... ¡;; S" ~ w w U'> I 1 \ ~ U f ~~ SCALE: 1 "= 200' ~~ ~- ~L II RICK EASTLAKE III VISTAS H~ ENGINEERING CITY OF CHULA VISTA TRACT NO. 01-09 ~~~ Rood'" COMPANY CITY OWNED RIGHT OF WAY/ ~ ~ ~ ~:I:';"""': ~ =i~..;O:l~""~ EASEltIENTS MAlNT AlNED BY H.O.A. /0 -;;.7 -.--.--.... -----~---_._----- EXHIBIT 12 OF 1 :õ I ~ I ~ Þ- .... ¡¡; 0 ;;¿ \ :c ~ 0- W æ ~ :¡: ¡:¡ w w '" / ~ I / 1 ~ ~ i SCALE: 1" = 200' L II RICK EASTLAKE III VISTAS :: ENGINEERING CITY OF aULA VISTA TRACT NO. 01-09 ~: - COMPANY CITY OWNED RIGHT OF WAY/ :: ~t"{.;n.j;;,';;".,: ~ ~:¡Ìo"i..~~~"" -- EASEMENTS NAINT AINED BY HoD.A. /ð -..28 SEE EXHIBIT 14 OF 14 EXHIBIT "B" EXHIBIT 13 OF 14 ~ C~2 ~ '" >- ffi :¡; ~ \ :::¡ \ '" ! " t i~ II SCALE: 1" = 200' n. II RICK EASTLAKE III VISTAS ;~: ENGINEERING CITY OF CHI.LA VISTA TRACT NO. 01-09 i;¡ ~ COMPANY Cl1Y OWNED RIGHT OF WAY/ " - - ~.t'(,~;,~~: :;. =",':i~'=....~..... EASaotENTS NAlNT AINED BY H.O.A. /0 -~9 - -.--.----------- -- EXHIBIT 1 LI OF 14 ..... ~ '" £ \ 'T'I ~ \ co æ < '" .". ~ .,., !I l ¡ , , EXHIBIT 13 OF 14 SCALE: 1" = 200' - II RICK EASTLAKE III VISTAS . ~ ENGINEERING CITY OF CHULA VISTA TRÀCT NO. 01-09 j ~ COMPANY CITY OWNED RIGHT OF WAY/ . ~ m".,,~j;;,~,: tl ~..":...~.'."""'" - EASEHENTS MAINTAINED BY H.O.A. A/-30 EXHIBIT "C" Description of Maintenance Responsibilities Eastlake III Woods and Vistas City's Areas Reference MHOA Maintains General Fund Maintains 1 Public Right- Parcels A and E of * All landscaping and irrigation * Public facilities not being of-way Exhibits "A" and "B" improvements located within the maintained by the MHOA public parkways (between curb and such as: concrete sidewalks, property line) street trees (trimming only), street lights and appurtenant * All beveled curbs, gutter, and equipment, signs, traffic associated sidewalks underdrains. signals and appurtenant equipment, paving, standard * All pedestrian trail curb and gutter (not Improvements. beveled), drainage and sewer Improvements. * All median improvements located within North Woods Drive and Olympic Vista Road including but not limited to: landscaping and irrigation improvements, and decorative pavement. * The following Stone Gate Street * Stone Gate Bridge bridge improvements: bridge improvements not being fmishes and fixtures to include all maintained by the MHOA precast concrete, painted surfaces, such as: concrete sidewalk, decorative iron, light fIXtures and storm drain culverts, rip-rap, associated electrical, beveled curb and all structural concrete and gutter, and all other cosmetic components of the retaining components of the bridge. walls and traffic barriers. 2 Pedestrian Parcels C and G of * All pedestrian trail and/or None Access Exhibits "A" and "B" maintenance access road Easements improvements including but not limited to: fences, improved surface, brow ditches, earth swales, retaining walls and landscaping. 3 Landscape Parcels B and F of * All landscape buffer and * Only concrete sidewalk Buffer and Exhibits "A" and "B" pedestrian trail improvements improvements Public Access including but not limited to: fence, Easements improved surface (except concrete sidewalk), brow ditches, earth swales, landscaping and irrigation improvements, trees, retaining walls, any damage to concrete sidewalk if determined by the City to be caused by HOA maintained landscaping and/or irrigation improvements or trees. * All thematic fencing along the perimeter of the elementary and 1 /0 -3/ --..-.- ---------- EXHIBIT "C" Description of Maintenance Responsibilities Eastlake III Woods and Vistas middle school required by Condition 121 of Resolution No. 2001-269 that may be constructed within said Landscape Buffer and Public Access Easements. 4 Emergency Parcel D of Exhibits . All emergency access None Access "A" and "B" improvements including but not Easement limited to: improved surface, landscaping and irrigation improvements, and drainage improvements. 2 /ô-3,2., RESOLUTION NO. 2004- - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT FOR EASTLAKE III WOODS AND VISTAS WHEREAS, the developer has requested the City to consider amending the Agreement in order to add the maintenance of certain public improvements located within the right-of-way of Woods Drive by Eastlake and/or successor(s) in interest; and WHEREAS, the obligation will be assigned to the Master Homeowner's association after the landscaping has been established. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the first amendment to the grant of easements and maintenance agreement for Chula Vista Tract No. 01-09, Eastlake III Woods and Vistas, establishing specific obligations and responsibilities for the maintenance by the Eastlake III Master Homeowners Association of additional certain landscaping improvements and facilities located within the right-of-way of Woods Drive, a copy of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute said agreement on behalf of the City ofChula Vista. Presented by Approved as to form by !!:at (]ß^ ' ~ Jack Griffin Director of General Services City Attorney /O-.;:B 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 r& ~ .ryr~ ~ Moore City Attorney Dated: S~ ¿ rc -() r¡ First Amendment to the Grant of Easements And Maintenance Agreement for Eastlake III Woods and Vistas /ð - 3f' Recording Requested by ond Please Return to: City Clerk City ofChula Vista P.O. Box 1087 Chula Vista, California 91912 This Instrument Benefits City Only. No Fee Required. A This Space/or Recorder's Use Only.. C.V. File No.: EW-OO7F FIRST AMENDMENT TO THE AGREEMENT FOR THE GRANT OF EASEMENTS AND MAINTENANCE OF PUBLIC AREAS WITHIN THE EASTLAKE III WOODS AND VISTAS Recitals This First Amendment ("First Amendment") is entered into effective as of , 2004 by and between the City of Chula Vista ("City") and The Eastlake Company, LLC, a California Limited Liability Company, ("Eastlake"), with reference to the following facts: WHEREAS, On April 15, 2003, the City Council pursuant to Resolution No. 2003-157 approved the Grant of Easements and Maintenance Agreement ("Agreement") with Eastlake, which sets forth specific obligations and responsibilities for the maintenance by Eastlake and/or successor(s) in interest of certain landscaping improvements and facilities located within public right-of-ways and easements associated with the Eastlake III Woods and Vistas project; and WHEREAS, Eastlake has requested that the City consider amending the Agreement in order to add the maintenance of certain public improvements located within the right-of-way of Woods Drive by Eastlake and/or its successor(s) in interest; and WHEREAS, the parties now desire to amend the Agreement in order to provide for the maintenance of said public facilities located within the right-of-way of Woods Drive. NOW, THEREFORE, in consideration of the recitals and the mutual obligation of the parties set forth herein, City and Eastlake agree as follows: I. Section 2 (a) of the Agreement shall be deleted and the following revised Section 2 (a) shall be substituted in its place and stead: Page I of6 /() -.:35'" - -_.~.._---_._-_.- "2. Maintenance Responsibilities (a) EASTLAKE to Initially Maintain. EASTLAKE hereby covenants and agrees, at its sole cost and expense, to maintain, repair and replace, or cause to be maintained, repaired or replaced, those improvements within the Dedicated Easements which are described on Exhibit "C-l" attached hereto, at a level equal to or better than the level of maintenance set forth in the Landscape Master Plan for the Woods and Vistas approved by the City on May 24, 2002. For purposes of this Agreement, the term "Maintenance" or "Maintain" shall mean the maintenance, repair, the provision of water and replacement obligations described herein and on Exhibit "C-l" hereto and shall also include repair and replacement at no cost to the City of any City owned property that is damaged during performance of the maintenance responsibilities pursuant to this Agreement including but not limited to: water damage, as determined by the City at its sole discretion, to the pavement adjacent to median improvements, landscaping and irrigation improvements, and decorative pavement. City may require at any time, and Eastlake hereby agrees to replace landscaping improvements within medians with hardscape at the sole expense of Eastlake. Exhibit "C- 1" also refers to the maintenance responsibilities of City." II. Exhibit "C", "Description of Maintenance Responsibilities Eastlake III Woods and Vistas", shall be deleted and Exhibit "C-l" attached hereto shall be substituted in its place and stead. III. All the other terms and conditions of the Agreement, not expressly or indirectly amended by the terms of this First Amendment, shall remain in full force and effect and shall otherwise govern the terms of this First Amendment. [NEXT PAGE IS PAGE ONE OF TWO SIGNATURE PAGES] Page 2 of 6 /O'~6 . PAGE ONE OF TWO SIGNATURE PAGES TO THE FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND EASTLAKE IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year flrst hereinabove set forth. Dated: ,2004 City ofChula Vista By Stephen C. Padilla, Mayor ATTEST: Susan Bigelow, City Clerk Approved in form by: Ann Moore, City Attorney (NEXT PAGE IS PAGE 2 OF TWO SIGNATURE PAGES) Page3 of6 /ð -37 ------------- -------------" PAGE TWO OF TWO SIGNATURE PAGES TO THE FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND EASTLAKE EASTLAKE By Q A aò k\\L~ Debi Klingner, Vice President BY~ Curt Smith, Vice President Page4of6 /ð ~3e CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT '!&, """ I I I I State of California , } ss. County of San Diego I :' On May 25, 2004 before me, Denise M. Smith. Notarv Publ:\.c I c.. N~...."""rO"'~t..,.,'J...C<>e,N..~,...., I personally appeared Debi Klingner and Curt Smith _.¡dSI_.¡ I IX! personally known to me 0 proved to me on the basis of satisfactory evidence .. DENSE M.IMIIH \ to be the person@ whose nam~ .jafare I t . CoIIu'nIIIIOn II 1.....e6 subscribed to the within instrument end I' - NoIary PIä: . CcIIIOn*I acknowledged to me that lIeI~they executed ) I , Ian DI8go CoIIIIV the sa~ in !;isi!!eT/their authorized \ '. Mvc:omm..-Oat22. capacity les and that by ¡,;,;¡,e~eir ,j , signatur on the instrument the perso~.J£.. 1 the entity upon behalf of which the perso~ ,I I, acted, executed the instrument. I ~ WITNESS my hand and official seal" ,I t ~111.~ ,I ~ S"_~orNo..""", " I ',I . B I¡';, 'I \;1 ~~. OPTIONAL ,I I" Though the informa~on below is nol fSquirsd by law. It mayp'ove valueble/o pe"on.relying on the document and could prevent 'J ':, fraudulent removal and r..ttachment o/this Iorm to another document, ~! ~, Description of Attached Document C. V. File No.: EW-OO 7F ~ ~ First Amendment To The Agreement For The 'J ~ litis or Type of Document: Grant Of Easements And Mãintenance Of Publi 'I r, Areas Within The EastLake III Woods And Vistas ~ ~ Document Date: Number of Pages: '; I . B ~ Signer(s) Other Than Named Above: ,15 I. 'I 'I~ capa~lty(leS) Claimed by Signer ': I, Signers Name: . ... ~ ". 0 Individual Tocotthumbh". I I~", 0 Corporate Officer - Trtle(s): ,I I 0 Partner - 0 Limited 0 General ". 0 Attomey-in-Fact I II 0 Trustee '1 ~ 0 Guardian or Conservator ,I I, 0 Other: I' 'I ~ Signer Is Representing: ~~"""=='!ò<,;".<;-'Ç(;;.. - - w,:,'", - - ,¡" C""N".".No"'A""""",""OC'S"A"..'.O.""'02'C"""",CA"31~"O"_""",,~"'."" ""'.No."'" ".,,'.r"""'F~.""""""" /0 ~'~9 - --~------_.. ---~.~-~-~---- EXHIBIT "C-1" Description of Maintenance Responsibilities Eastlake III Woods and Vistas Areas Reference MHOA Maintains CitY Maintains Public Right- Parcels A and E of . All landscaping and irrigation . Public facilities not being of-way Exhibits "A" and "B" improvements located within the maintained by the MHOA public parkways (between curb and such as; concrete sidewalks, property line) street trees (trimming only), street lights and appurtenant . All beveled curbs, gutter, and equipment, signs, traffic associated sidewalks underdrains. signals and appurtenant equipment, paving, standard . All pedestrian trail improvements. curb and gutter (not beveled). drainage and sewer . All median improvements located improvements. within North Woods Drive, Woods Drive, and Olympic Vista Road including but not limited to; water damage, as determined by the City at its sole discretion, to the pavement adjacent to median improvements, landscaping and irrigation improvements, and decorative . Stone Gate Bridge pavement. City may require at any improvements not being time, and Eastlake hereby agrees to maintained by the MHOA replace landscaping improvements such as; concrete sidewalk. within medians with hardscape at the storm drain culverts, rip-rap, sole expense of East lake. and all structural concrete components of the retaining . The following Stone Gate Street walls and traffic barriers. bridge improvements; bridge finishes and fixtures to include all precast concrete, painted surfaces, decorative iron, light fixtures and associated electrical, beveled curb and gutter, and all other cosmetic components of the bridge. * All private gate entries improvements located within Woods Drive including but not limited to, full decorative pavement section, associated drainage and all other associated facilities as shown in Chula Vista Dwg No.s 02041- 15,16,17and20. Pedestrian Parcels C and G of . All pedestrian trail and/or None Access Exhibits "A" and "B" maintenance access road Easements improvements including but not limited to; fences, improved surface, brow ditches, earth swales, retaining walls and landscaping. Page 5 of6 /O-ftó Landscape Parcels Band F of . All landscape buffer and pedestrian . Only concrete sidewalk Buffer and Exhibits "A" and "B" trail improvements including but not improvements Public Access limited to: fence, improved surface Easements (except concrete sidewalk), brow ditches, earth swales, landscaping and irrigation improvements, trees, retaining walls, any damage to concrete sidewalk if determined by the City to be caused by HOA maintained landscaping and/or irrigation improvements or trees. . All thematic fencing along the perimeter of the elementary and middle school required by Condition 121 of Resolution No. 2001-269 that may be constructed within said Landscape Buffer and Public Access Easements. Emergency Parcel D of Exhibits . All emergency access None Access "A" and "B" improvements including but not Easement limited to; improved surface, landscaping and irrigation improvements, and drainage improvements. J:IEngineerlLANDDEVlProjcctslEastlake IIIIWoodsIWR-2&5\Amended HOA Agreement-doc Page60f6 /0-# --------- --. COUNCIL AGENDA STATEMENT Item ---1L Meeting Date 6/1/04 ITEM TITLE: Resolution approving the Interim Desiltation and Maintenance Agreement (Eastern Urban Center Interim Grading) between the City and McMillin Otay Ranch, LLC. SUBMITTED BY: Director of General Services / City Engineer tÞ{ REVIEWED BY: City Manage1t ÇI ¡V (4/5ths Vote: Yes_NoX) A condition of the previously-approved Tentative Map for McMillin Otay Ranch's Freeway Commercial South Planning Area 12, requires that the developer enter into an agreement with the City to provide for the maintenance ofa culvert crossing SR-125 and the associated grading needed to convey Eastern Urban Center storm flows. RECOMMENDATION: That Council adopt the resolution. BOARDS/COMMISSIONS: N/A. DISCUSSION: On April 15, 2003, Council approved the Tentative Map for Chula Vista Tract No. 03-11 - Planning Area 12/Freeway Commercial South - McMillin (Resolution 2003-165). The proposed Interim Desiltation and Maintenance Agreement between the City and McMillin Otay Ranch, LLC encumbers the entire McMillin ownership within the Eastern Urban Center planning area. The proposed agreement accomplishes the following: . Requires McMillin to provide for the appropriate maintenance of certain interim grading, drainage, and desilting facilities proposed within the future Eastern Urban Center and SR- 125 right-of-way until such time as they are: 1) accepted for maintenance by the City or Caltrans, or 2) replaced by permanent public facilities approved by the City. . Requires McMillin to provide sufficient security (in cash and security bonds) guaranteeing the performance of said maintenance obligations. McMillin is currently processing mass grading plans for the grading and construction of drainage/desilting facilities with the EUC and SR-125. Issuance ofthe grading permit is anticipated for May 2004 after Council approval of the subject Agreement and Caltrans issuance of an encroachment permit for the construction of facilities within the SR-125 right-of-way. FISCAL IMPACT: There is no impact to the General Fund. All costs associated with the construction and maintenance of the interim drainage and desilting facilities within the EUC and SR-125 will be borne by McMillin. Attachments: 1. Location Plat 2. Tentative Map Condition 48 Exhibit A: Interim Desiltation Agreement LP:OR251G J:IEngineerlLANDDEVIProjectslOtay Ranch Village /2lmcmillinlgradinglCAS dest/tation agreement.cb.doc 1/ -I - _.._------~---- ---------- 03/22/2004 MON 11: 12 FAX ~ 003/004 ATTACHMENT 1 >- « 3: '" a: <I; 0.. W '" « --' I- V'J « w VILLAGE 7 N PROJECT LOC-A TION VICINITY MAP NO SCALE //-2 ATTACHMENT 2 INTERIM DESILTATION AND MAINTENANCE AGREEMENT (Eastern Urban Center Interim Grading) Conditions of Approval for Chula Vista Tract 03-11 Otay Ranch Planning Area 12-Freeway Commercial South (McMillin) Resolution No. 2003-165 Condition No. 48 48. Should Applicant propose the construction of private offsite temporary drainage and/or desilting facilities within the EUC project, Applicant shall, prior to approval of any grading permit for such construction, enter into an agreement with the City, where Applicant agrees to provide for the maintenance of said facilities to the satisfaction of the Director of Engineering until such time as they are replaced by permanent facilities approved by the City. In addition, Applicant shall provide security in the form of cash or other security instrument approved by the Director of Engineering and City Attorney, guaranteeing the performance of said maintenance obligations. 11~3 RESOLUTION NO. 2004- - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE INTERIM DESILTATION AND MAINTENANCE AGREEMENT (EASTERN URBAN CENTER INTERIM GRADING) BETWEEN THE CITY AND MCMILLIN OT A Y RANCH, LLC WHEREAS, on April 15, 2003, Council approved the Tentative Map for Chula Vista Tract No. 03-11, Planning Area 12/Freeway Commercial South-McMillin (Resolution 2003-165); and WHEREAS, the Tentative Map requires that the Developer enter into an agreement with the City to provide for the maintenance of a culvert crossing SR-125 and the associated grading needed to convey Eastern Urban Center storm flows; and WHEREAS, the proposed Interim Desiltation and Maintenance Agreement between the City and McMillin Otay Ranch, LLC encumbers the entire McMillin ownership within the Eastern Urban Center planning area; and WHEREAS, currently McMillin is processing mass grading plans for the grading and construction of drainage/de siltation facilities with the EUC and SR-125; and WHEREAS, issuance of the grading permit is anticipated for May 2004 after Council approval of the subject Agreement and Caltrans issuance of an encroachment permit for the construction offacilities within the SR-125 right-of-way. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the Interim Desiltation and Maintenance Agreement (Eastern Urban Center Interim Grading) between the City and McMillin Otay Ranch, LLC, a copy of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED the Mayor of the City ofChula Vista is hereby authorized and to execute said Agreement on behalf of the City of Chula Vista. Presented by Approved as to form by ~;JY¡Af~ Jack Griffin Director of General Services City Attorney J:lattorneylresolagreementlDesiltation and Maintenance Agreement 6 1 04 /1-1 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 fr2n:;' -;- M ~ Úv{~ Ann Moore City Attorney Dated: S--'L(p -0 V Interim Desiltation and Maintenance Agreement (Eastern Urban Center Interim Grading) Between the City of Chula Vista and McMillin Otay Ranch //-~ Recording Requested by: ) ) CITY CLERK ) ) When Recorded, Mail to: ) ) CITY OF CHULA VISTA ) 276 Fourth Avenue ) Chula Vista, CA 91910 ) File No. OR-251G INTERIM DESILTATION AND MAINTENANCE AGREEMENT (Eastern Urban Center Interim Grading) This Agreement is made by and between McMillin Otay Ranch, LLC (referred herein as "Developer"), and the City of Chula Vista, a California municipal corporation ("City"), with reference to the following facts: RECITALS A. Developer owns approximately 214.7 acres of that certain real property, as more particularly described in Exhibit "A" and' as shown on Exhibit "A-I", within a portion of what is commonly known as the Eastern Urban Center ("EUC") of the Otay Ranch planned community (Hereinafter referred to as "Property"). B. On Aprill, 2003, the Chula Vista City Council, pursuant to Resolution No. 2003-131, and in accordance with the California Environmental Quality Act (CEQA) (Pub. Resources Code Section 21000 et seq.), certified the Final Second Tier Environmental Impact Report 02-04 for the Village 12 Freeway Commercial Sectional Planning Area Plan approved, made certain Findings of Fact, adopted a Mitigation Monitoring and Reporting Program, and adopted a Statement of Overriding Considerations. C. On Aprill, 2003, the City approved the Sectional Planning Area (SPA) Plan, including the Public Facilities Financing Plan for Planning Area 12 Freeway Commercial by Resolution Number 2003-132 relying on the Final Second Tier Environmental Impact Report 02-04 for the Village 12 Freeway Commercial Sectional Planning Area Plan approved by Resolution 2003-131. Developer owns approximately 86.9 acres commonly known as the Planning Area 12 of a larger area known as Freeway Commercial. 1 /I-t:, D. On April 15, 2003, the City approved a Tentative Map, Tract 03-11 (Herein referred to as the "Tentative Map"), for a portion of the Otay Ranch Sectional Planning Area 12-Freeway Commercial Plan by Resolution Number 2003-165, In addition, said Tentative Map proposes certain grading work and the construction of ancillary desilting and drainage facilities within the EUC. E, Condition number 48 of the Tentative Map, as more particularly set forth on Exhibit "B", requires, that prior to approval of any grading and/or desilting facilities within the EUC, Developer shall enter into an agreement with the City, where Developer agrees to maintain and guarantee the operation and maintenance of any private drainage and/or desilting facilities that may be approved by the City Engineer within the EUC. "' G, Whereas the City Engineer has determined that certain temporary drainage, desilting basins, and erosion/sedimentation control facilities, as shown on Chula Vista Drawings Nos. 03070-10, 03070-11 and 03070-13 are adequate as of the date of this Agreement to temporarily service the grading proposed for the Property on Chula Vista Drawings No, 03070-10, 03070-11 and 03070-13 NOW THEREFORE, in consideration of the mutual covenants herein contained, the Parties agree as follows: 1. Defined Terms. The following defined terms shall have the meaning set forth herein, unless otherwise specifically indicated. 1.1 "Temporary Private Facilities" shall mean certain temporary private drainage," - desilting basins, and erosion/sedimentation control facilities proposed for construction within the EUC, as shown on Chula Vista Drawings Nos. 03070-10,03070-11 and 03070-13 and as approved by the City Engineer including those facilities shown on Encroachment Permit No. 11-03-6MC-0 184 as approved by Caltrans, 1.2 "Complete Construction" shall mean that construction of the Temporary Private Facilities has been completed to the satisfaction of the City Engineer. 1.3 "Maintain" or "Maintenance" shall mean to furnish, or the furnishing of, services and materials for the ordinary and usual maintenance required for the operation of the Temporary Private Facilities as set forth in a City approved maintenance program. 2. Condition No. 48 Temporary Desiltation Facilities. In full satisfaction of Condition No. 48 of the Tentative Map, Developer agrees to the following: 2.1 Construction. Developer agrees to construct private offsite Temporary Private Facilities, as shown on Chula Vista Drawings Nos, 03070-10, 03070-11, and 03070-13, as approved by the City Engineer. Developer shall complete construction of the Temporary Private Facilities on or before the first anniversary of the City Council's approval of this 2 1/- 7 Agreement. The Temporary Private Facilities shall comply with all the provisions of the National Pollutant Discharge Elimination System and the Clean Water Program. Developer understands and agrees that Developer is responsible for obtaining all necessary permits, approvals and certifications, if any, from the applicable federal or state agencies, including but not limited to Caltrans, California Department ofFish and Game and/or the U.S. Army Corps of Engineers. 2.2 Maintenance. Developer shall operate and maintain the Temporary Private Facilities in accordance with the "Maintenance and Operation Plan" as set forth in the "Otay Ranch Village l2-Freeway Commercial Off-Site Storm Drain & Desiltation Basin Maintenance Plan" as revised April 13,2004 prepared by Rick Engineering on file in the Office of the City Engineer, until such time as they are 1) accepted for maintenance by the City., other public agency approved by the City, or a maintenance entity approved by the City, or 2) replaced by permanent public facilities approved by the City. Developer understands and agrees that Developer shall be solely responsible for the maintenance and operation of the Temporary Private Facilities and any liability resulting therefrom. 2.3 Securities. Developer shall provide the City with maintenance securities, in accordance with paragraph 3 below, to guarantee Developer maintenance obligations hereunder. 3. Security for Performance. 3.1 Cash Deposit. Concurrent with the execution of this agreement, Developer shall provide the City with a cash deposit ("Cash Deposit") which will be the equivalent of two years of Maintenance costs for the Temporary Private Facilities as determined by the City Engineer to guarantee Developer's Maintenance obligations under Section 2.2 of this Agreement in the sums set forth in Exhibit "C". City shall hold the Cash Deposit for the duration of Developer's Maintenance obligations hereunder, and expend such deposit solely for purposes in the performance of such obligations, in the event of Developer' s default in the performance of said maintenance obligations. Should the City expend the Cash Deposit due to Developer's default of its performance obligations, Developer agrees to redeposit the equivalent sum of money needed to equal the amount required by this Agreement, as set forth in Exhibit "C", within 30 days of the City's request for such deposit. All interest earnings on the Cash Deposit shall be retained by the City during this period. Any unexpended amount of the deposit, including any interest earned, shall be released and remitted to Developer upon the termination of its maintenance obligations as set forth in this Agreement. 3.2 Maintenance Bonds. Concurrent with the execution of this Agreement, Developer agrees to the following: a) Bonds. Developer shall provide the City with a bond for an initial term of eight years ("Maintenance Bond"), starting ftom the date of issuance of the first grading permit in connection with Chula Vista Drawing Nos. 03070-10, 3 II-go ---~------ 03070-11, and 03070-13, in order to guarantee its Maintenance obligations under Section 2.2 of this Agreement in the amounts more fully set forth in Exhibit "C". The Maintenance Bond shall be issued by a surety with a Bests A-V rating or better and shall be in a form approved by the City Attorney. Developer acknowledges and agrees that at no time shall the Maintenance Bond be allowed to expire and that all times while Developer has maintenance obligations to be performed pursuant to this Agreement the Maintenance Bond shall be in full force and effect unless equivalent security has been provided as set forth below. b) Use of Maintenance Bond. Developer acknowledges and agrees that if the Developer fails to fulfill its Maintenance obligations as set forth herein, the sums provided by said bond may be used by City for the purpose of fulfilling such obligations as approved by the City Engineer. Developer also agrees that the City may take any and all actions necessary, in order to obtain the funds necessary for the purpose of fulfilling such obligations. Developer agrees to pay to the City any difference between the total costs incurred to perform the work, including but not limited to reasonable design and administration of maintenance in substantial conformance with the Maintenance and Operation Plan (including a reasonable allocation of overhead), and any proceeds from the Maintenance Bond. c) Developer's Costs and Expenses. 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 the City or the City's officer, sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefor. 3.3 Developer understands and agrees that the City shall not issue any grant of approval for development of the Property, if the Maintenance Bond has not been delivered or approved as sufficient by the City. 3.4 Developer may request that another form of equivalent security, such as a letter of credit or cash, acceptable to the City Engineer, be substituted for the Maintenance Bond described herein. Developer acknowledges and agrees that such substitution is in the sole discretion of the City Engineer. 3.5 Reduction of Securitv. In the event that the annual maintenance costs are reduced, the City Engineer may review at Developer's request to reduce, proportionately, the amount of the Maintenance Bond or equivalent security required by this Section. City shall not unreasonably withhold approval of such request provided however that Developer's obligations are adequately secured as determined by the City Engineer in his/her sole discretion. 4 /1-1 3.6 Municipal Code Requirements. Developer understands and agrees that Developer shall be subject to all the provisions of the ordinances, standards, and policies of the City ofChula Vista (including Section 14.20.310 of the Municipal Code), the laws of the state of California, and federal law as applicable to said work as all may be amended from time to time. 4. Future Approvals. Developer acknowledges and agrees that the performance of Developer's obligations hereunder is required for the health and safety of the residents of the City of Chula Vista. Therefore, the Developer agrees that the City shall have the absolute and unfettered right to withhold the issuance of any grant of approval for the Property, if the Developer is determined by the City not to be in compliance with the terms of this Agreement. If Developer is determined by the City not to be in compliance with any term of this Agreement, the City shall notify Developer of Developer's noncompliance and provide the Developer with 30 days to cure said noncompliance. The Developer shall not be in non- compliance if, upon notification of non-compliance, Developer starts immediately to work toward cure of said non compliance and diligently pursues, as determined by the City Engineer, a course of action to achieve a cure within a reasonable time ftame. S. Agreement Binding upon Successors. This Agreement shall be binding upon and inure to the benefit of the successors, assigns and interests of the parties as to any or all of the Property as described on Exhibit "A" until released by the mutual consent of the parties. 6. Agreement Running with the Land. The burden of the covenants contained in this Agreement ("Burden") is for the benefit of the Property and the City, its successors and assigns and any successor in interest thereto. City is deemed the beneficiary of such covenants for and in its own right and for the purposes of protecting the interest of the community and other parties public or private, in whose favor and for whose benefit of such covenants running with the land have been provided without regard to whether City has been, remained or are owners of any particular land or interest therein. If such covenants are breached, the City shall have the right to exercise all rights and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach to which it or any other beneficiaries of this agreement and the covenants may be entitled. 7. Indemnification. Developer further understands and agrees that City, as indemnitee, or any office or employee thereof, shall not be liable for any injury to person or property occasioned by reason of the acts or omissions of Developer, its agents or employees, related to the construction of the Temporary Private Facilities and Developer's Maintenance activities. Developer further agrees to protect and hold the City, its officers and employees, harmless ftom any and all claims, demands, causes of action, liability or loss of any sort, because of or arising out of acts or omissions of Developer, its agents or employees, related to the construction of the Temporary Private Facilities and Developer's Maintenance activities. The approved improvement securities referred to above shall not cover the 5 //-(0 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 Developer' s construction and Maintenance activities as provided herein. It shall also extend to damages resulting ftom diversion of waters, change in the volume of flow, modification of the velocity of the water, erosion or siltation, or modification of the point of discharge as the result of the construction of the Temporary Private Facilities and maintenance and/or siltation removal activities. The approval of plans for the Temporary Private Facilities and any related improvements shall not constitute the assumption by City of any responsibility for such damage or taking, nor shall City, by said approval, be an insurer or surety for the construction of the Temporary Private Facilities and any related improvements. The provisions of this Agreement shall become effective upon the execution of this Agreement and shall remain in full force and effect regardless of the City's approval of the Temporary Private Facilities. 8. Miscellaneous Provisions. 8.1 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 and any and all other prior or contemporaneous oral or written agreements are hereby superseded. This Agreement may be amended, but only pursuant to a written amendment properly authorized and executed by both parties hereto. 8.2 Compliance with Laws. In the performance of its obligations under this agreement Developer shall comply with any and all applicable federal, state and local laws, regulations, policies, permits and approvals. 8.3 Recitals and Exhibits. All Recitals and attached Exhibits referred to herein are hereby incorporated herein by this reference. 8.4 Term. This agreement shall remain in effect for so long as either party has executory obligations hereunder. 8.5 Recording. The parties hereto shall cause this Agreement to be recorded in the Official Records ofthe County of San Diego. 8.6 Assignment. The obligations of the Developer under this Agreement shall not be assigned in whole or in part, without the express written consent of the City. 8.7 Authoritv of Signatories. Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions and/or other actions have been taken so as to enable it to enter into this agreement. 6 11-/1 8.8 Termination. Upon the termination of this Agreement pursuant to applicable provisions hereof, at the request of Developer or any successor in interest who owns any portion of the Project encumbered by this Agreement, the City will execute an instrument in recordable form prepared by Developer in a form acceptable to the City Attorney which evidences the termination of this Agreement and confirms the release of the Project ftom the encumbrance of this Agreement. 8.9 Attorney's Fees. If either party commences litigation for the judicial interpretation, reformation, enforcement or rescission hereof, the prevailing party will be entitled to ajudgment 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. 8.10 Preparation of Agreement. No inference, assumption or presumption shall be drawn ftom the fact that a party or his attorney prepared and/or drafted this Agreement. It shall be conclusively presumed that both parties participated equally in the preparation and/or drafting this Agreement. 8.11 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 dilly served, delivered, and received when personally delivered to the party to whom it is directed, or in lieu thereof, when three (3) business days have elapsed following deposit in the U.S. mail, certified or registered mail, return receipt requested, first-class postage prepaid, addressed to the address indicated in this Agreement. A party may change such address for the purpose of this paragraph by giving written notice of such change to the other party. CITY OF CHULA VISTA 276 Fourth Avenue ChulaVista,CA. 91910 Attn: City Engineer DEVELOPER: McMillin Otay Ranch LLC 2727 Hoover Avenue National City, CA 91950 Attn: Frank Zaidle, Vice President [NEXT PAGE IS PAGE ONE OF TWO SIGNATURE PAGES] 7 //-12- PAGE ONE OF TWO SIGNATURE PAGES TO THE INTERIM DESILTATION AND MAINTENANCE AGREEMENT (Eastern Urban Center Interim Grading) IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. Dated: ,2004 CITY OF CHULA VISTA by: Stephen C. Padilla Mayor Attest: Susan Bigelow, City Clerk Approved as to form: Ann Moore, City Attorney Dated: (NEXT PAGE IS PAGE 2 OF TWO SIGNATURE PAGES) 8 11-/3 PAGE TWO OF TWO SIGNATURE PAGES TO THE INTERIM DE SILTATION AND MAINTENANCE AGREEMENT (Eastern Urban Center Interim Grading) McMILLIN OTAY RANCH, LLC a Delaware limited liability company By: McMillin Companies, LLC a Delaware limited liability company Its: Mana er By: Its: ~ 9 /1-1'1 } STATE OF CALIFORNIA }ss. COUNTY OF SAN DIEGO } On 5/20/04 , before me, Dawn B. Mendoza. Notary Public personally appeared Frank Zaidle and Sohall Bokhari ,personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. r-.~~~ ""ò"A~ì~'R'~ ENoOZA} Signature ¡.Qal,()yL élð trL~ ~¡ COMM.#1289356 z z NOTARY ?U.LiC-CALiFORNIA (JJ 2 . ,...", SAN DI¿cO COUNTY s: ~ IN'o'''''''''oo'oolorio'''o' Title of Document Interim Desiltation and Maintenance Aareement Date of Document No. of Pages Other signatures not acknowledged //-/5" .,-.--."--- ,,-,,"',-"----,-- LIST OF EXHIBITS TO THE INTERIM DESILTATION AND MAINTENANCE AGREEMENT (Eastern Urban Center Interim Grading) Exhibit A Legal Description for the EUC Exhibit A-l Property Plat for the EUC Exhibit B Condition # 48 of Tentative Map Exhibit C Security Requirements 10 /I-/b INTERIM DESILTATION AND MAINTENANCE AGREEMENT (Eastern Urban Center Interim Grading) EXHIBIT A (MCMILLIN E.U.C. LEGAL DESCRIPTION) 11 //~/7 J-13715M EXHIBIT "A" Legal Description for the McMillin Otay Ranch Eastern Urban Center Parcel 3 in the City of Chula Vista according to the Parcel Map thereof No. 18481, on file in the Office of the County Recorder of San Diego County, State of California. Excepting therefrom SR-125 Right-of-way as conveyed to the State of California by Grant Deed filed in the Office of the County Recorder of San Diego County on May 22, 2003 as File No. 2003-0604607 of Official Records. ~ß ~-f8-ð+ Robert G. Schoettmer, loS, 4324 . Jb/13715m.O15 J / -I? - --- --"- --------"-----_._----- INTERIM DESILTATION AND MAINTENANCE AGREEMENT (Eastern Urban Center Interim Grading) EXHIBIT A-1 (MCMILLIN E.U.c. PROPERTY PLAT) 12 //-/1 ("I ~ ..-\ BIRCH ROAD (""" ~ ("I -<j ~ \~ LJ) \~ ~ I 0:: (j) PORTJON OF PARCEL 3 OF PARCEL MAP J8481 214.7 ACRES \ \ R/W GRANTED FROM CITY OF CHULA VISTA TO CALTRANS PER DOCUMENT NO. 2003-0604607 . t ~ ------- ~ ~ ,. 500 250 0 500 1000 1500 . . GRAPHIC SCALE 1": 500' i EXHIBIT A- 1 McMILLIN DTAY RANCH S.RlCK EASTERN URBAN CENTER ENGINEERING /1- 2Ö ~ - ~ CCMPANY ,."-"""...."",,,""-.,.,...... . ------------ INTERIM DESIL T A nON AND MAINTENANCE AGREEMENT (Eastern Urban Center Interim Grading) EXHIBIT B Conditions of Approval for Chula Vista Tract 03-11 Otay Ranch Planning Area 12-Freeway Commercial South (McMillin) Resolution No. 2003-165 Condition No. 48 48. Should Applicant propose the construction of private offsite temporary drainage and/or desilting facilities within the EVC project, Applicant shall, prior to approval of any grading permit for such construction, enter into an agreement with the City, where Applicant agrees to provide for the maintenance of said facilities to the satisfaction of the Director of Engineering until such time as they are replaced by permanent facilities approved by the City. In addition, Applicant shall provide security in the form of cash or other security instrument approved by the Director of Engineering and City Attorney, guaranteeing the performance of said maintenance obligations. 13 / / - 2/ INTERIM DESIL T A TION AND MAINTENANCE AGREEMENT (Eastern Urban Center Interim Grading) EXHIBIT C (SECURITY REQUIREMENTS) 1. MAINTENANCE OBLIGATIONS (Paragraph 2.2 of this Agreement) * Cash Deposit Cash deposit (Two year term) in the amount of $ 58,800 to be submitted concurrent with the execution of this Agreement. * Maintenance Bond Bond (Eight year term) in the amount of $ 235,200 to be submitted concurrent with the execution of this Agreement. 2126608 Bond No. Insurance Company of the West Insurance Company J:\Engineer\LANDDEV\Projects\Otay Ranch Village 12\mcmillin\gradin/tlDesiltation Agreementdoc 14 //-22 COUNCIL AGENDA STATEMENT J'ï Item oU Meeting Date 6/01/04 ITEM TITLE: Resolution Amending the FY 2003-2004 Budget by Appropriating $145,000 In Metropolitan Transit Systems Transportation Development Act Funds to the Chula Vista Transit (CVT) Budget SUBMITTED BY: Director of Public Works Operations tJdLL ~ REVIEWED BY: CityManagerC~i \71' (4/Sths Vote: Yes l No_) SUMMARY: In order to use all Transportation Development Act (TDA) funds allocated to the City for Fiscal Year 2003-2004 by Metropolitan Transit Systems (MTS) for the operation of Chula Vista Transit (CVT) an appropriation of$145,000 ftom the CVT Transit Fund to the City's Transit budget is needed. RECOMMENDATION: That the City Council adopt the resolution appropriating $145,000 from the available fund balance in the CVT Transit Fund to the City's Transit supplies and services budget. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable DISCUSSION: Starting in FY 02, with the regional consolidation ofTDA transit funds, City Transit staffhas been preparing and monitoring two budgets through their distinct budget processes. They are the MTS and City budgets. Because the budgets are approved at different times and MTS utilizes a Mid-year budget adjustment, the budgets will differ. Currently the MTS FY 03-04, CVT budget allocates more funds to CVT than the City Transit budget reflects. In the past, the differences have been minor; consequently, Transit staff has been able to work with the budgets without requiring any adjustments. This Fiscal Year, an administrative adjustment is required to the Transit budget so as not to go over the current City budget limits. The higher amount will allow Transit staff to direct more resource to bus maintenance specifically to the 1990 and 1991 Orion buses in the transit fleet. The replacement of these buses has been delayed due to State and Local funding shortfalls. FISCAL IMPACT: The City has already been receiving additional MTS Consolidated TDA Article 4.0 funds since the MTS mid-year budget adjustment. The requested adjustment to the City's Transit budget will allow the division to expend that money (it is not currently reflected in Transit's operating budget). No monies ftom the General Fund are involved. H:IPublic Works OperationslAllJ's 2004IAllJ FY 04 Transit Budget Amendment-revised S-26-O4.doc /2-/ RESOLUTION NO. 2004-- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FY 2003-2004 BUDGET BY APPROPRIATING $145,000 IN METROPOLITAN TRANSIT SYSTEMS TRANSPORTATION DEVELOPMENT ACT (TDA) FUNDS TO THE CHULA VISTA TRANSIT (CVT) BUDGET WHEREAS, starting in Fiscal Year 2001-2002, with the regional consolidation of Transportation Development Act (TDA) transit funds, City Transit staff has been preparing and monitoring two budgets through their distinct budget processes; and WHEREAS, because the budgets are approved at different times and Metropolitan Transit Systems (MTS) utilizes a mid-year budget adjustment, the budgets sometimes differ; and WHEREAS, in the past, the differences between the two budgets have been minor and no adjustment was needed; and WHEREAS, the current MTS Fiscal Year 2003-2004 budget allocates more funds to Chula Vista Transit (CVT) than the City Transit budget reflects; and WHEREAS, in order to effectively and efficiently utilize the TDA funds allocated to the City by MTS's operation ofChula Vista Transit an adjustment of$145,000 is required to the City's Transit budget, which will allocate more resources to bus maintenance. NOW, THEREFORE, BE IT RESOLVED that the City Council of City of Chula Vista does hereby amend the Fiscal Year 2003-2004 budget by appropriating $145,000 ftom the available fund balance in the CVT Transit Fund to the City's Transit supplies and services budget. Presented by: Approved as to form by: Do..- ë. l..(~ Dave Byers Ann Moore Director of Public Works Operations City Attorney J:lattorney\resolfinancelamend FY OJ 04 CVT budg¡:t /2-2- ~I~ Council Agenda Statement -n- 01Y OF 15 œulA VISTA Item: Meeting Date: June 1, 2004 ITEM TITLE: Resolution Authorizing the Conservation & Environmental Services Division to Purchase Two Ultra Low Emission (Hybrid) Vehicles; Requesting approval to transfer $25,000 from the Supplies and Services budget category to the Capital budget category within the Administration Department for the purchase of one Vehicle and appropriating $23,000 from the Equipment Replacement Fund for the Purchase of the Second Veh;"e. ~ SUBMITTED BY: Michael T. Meacha~ctor of Conservation & Environmen~ lis REVIEWED BY: David D. Rowlands, r., City Manager (4/5ths Vote Yes K.. No -) BACKGROUND: The Conservation & Environmental Services Department was required to return two electric "Think!" cars to the Ford Motor Company, that it had been using for the past two years, because Ford has ended its electric vehicle program. The vehicles were used by the Conservation Coordinator, Recycling Specialists, Temporary Expert Professionals and Interns to transport conservation program supplies to local businesses, schools, apartment and condominium complexes, and other facilities to provide public education for conservation and environmental programs, develop commercial recycling programs and provide support services to over 35 used oil and filter drop off locations. RECOMMENDATION: Authorize the Conservation & Environmental Services Division to purchase two Ultra Low Emission (Hybrid) Vehicles and approve the transfer of $25,000 from the Supplies and Services budget category to the Capital budget category within the Administration Department for the purchase of one Vehicle and appropriating $23,000 from the Equipment Replacement Fund for the purchase of the second vehicle. BOARD AND COMMISION RECOMMENDATION: Not applicable 13-1 Item: 13 Meeting Date: May 25, 2004 DISCUSSION: The Department of Conservation and Environmental Services is working to identify resources to fulfill City Council's commitments to several environmental policies including the International Council of Local and Environmental Initiates, the prevention of Global Warming and CO2 reduction. Those particular programs have included the transition from diesel to natural gas buses, the transition from diesel to biodiesel for the remaining diesel portion of the City fleet and recycling/trash fleet, the purchase and operation of alternative natural gas vehicles and electric vehicles, the hydrogen fuel cell and metallic fuel cell demonstration projects, and the addition of photovoltaic (solar power) to the Household Hazardous Waste Facility, Police Department, and Nature Center. The purchase of the City's first two hybrid vehicles is a logical extension of that program. The Conservation Department's use of the vehicles will allow the City to compare the cost and benefits of operating these vehicles to standard city vehicle purchases prior to expanding their use in the fleet. Additionally, the purchase of these vehicles anticipates and begins to address one of the recommendations proposed for the Growth Management Oversight Committee: "That the City Council direct the City Manager to assign appropriate City staff to develop and recommend a policy position regarding the acquisition and use of alternative fueled vehicles and that this policy recommendation be reported to the GMOC during next years review cycle." Finally, the Conservation & Environmental Services Director will work with the Economic Development Department and the Purchasing Agent to utilize the City's purchase and operation of these hybrid vehicles to promote the availability of hybrid and alternative fuel vehicles at the current and future Chula Vista auto dealerships. Please feel free to contact Michael Meacham, Director of Conservation & Environmental Services at (619) 591-5031, if you have any questions. FISCAL IMPACT: If adopted, the proposed budget will reduce the Equipment Replacement Fund (392007406) by approximately $23,000. The cost of purchasing the second vehicle, as well as the maintenance and operational costs for the vehicles, will be funded by AB 939 funds assessed on the monthly recycling and trash invoices and by grants developed by the Department of Conservation and Environmental Services for implementing the City's recycling, solid waste, used oil recycling and household hazardous waste programs. )3'd..- RESOLUTION NO. 2004- - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CONSERVATION & ENVIRONMENTAL SERVICES DIVISION TO PURCHASE TWO ULTRA LOW EMISSION (HYBRID) VEHICLES; REQUESTING APPROVAL TO TRANSFER $25,000 FROM THE SUPPLIES AND SERVICES DBUDGET CATEGORY TO THE CAPTIAL BUDGET CATEGORY WITHIN THE ADMINSTRATION DEPARTMENT FOR THE PURCHASE OF ONE VEHICLE AND APPROPRIATING $23,000 FROM THE EQUIPMENT REPLACEMENT FUND FOR THE PURCHASE OF THE SECOND VEHICLE. WHEREAS, the Conservation and Environmental Services Department was required to return two electric "Think!" cars to the Ford Motor Company, that it had been using for the past two years, because Ford has ended its electrical vehicle program; and WHEREAS, the Department of Conservation and Environmental Services is working to identify resources to fulfill City Council's commitments to several environmental policies; and WHEREAS, the Conservation Department's use of the vehicles will allow the City to compare the cost and benefits of operating these vehicles to standard city vehicle purchases prior to expanding their use in the fleet; and WHEREAS, the Conservation and Environmental Services Director will work with the Economic Development Department and the Purchasing Agent to utilize the City's purchase and operation of these hybrid vehicles to promote the availability of hybrid and alternative fuel vehicles at the current and future Chula Vista auto dealerships. NOW, THEREFORE, BE IT RESOLVED that the City Council authorize the Conservation and Environmental Services Department to purchase two Ultra Low Emission (Hybrid) vehicles; requesting approval to transfer $25,000 ftom the Supplies and Services budget category to the Capital budget category within the Administration Department for the purchase of one vehicle and appropriating $23,000 ftom the Equipment Replacement Fund for the purchase of the second vehicle. Presented by Approved as to form by ~~trb Michael T. Meachum Director of Conservation & Environmental Services J:AttorneylResolpurchase agreementlhybrid vehicles 13-3 I CITY COUNCIL STATEMENT Item: It! Meeting Date: 06/01/04 ITEM TITLE: Resolution of the Chula Vista City Council approving a First Amendment to Agreement between the City of Chula Vista and Economics Research Associates for financial consulting services for the City's General Plan Update. SUBMITTED BY: Director of Planning and BUildi~ . REVIEWED BY: City Manager§t 'i;' (4/5ths Vote: Yes - No _X_) In January 2003, the City Council approved an Agreement with ERA to prepare a Fiscal Impact Analysis (FIA) in support of the City's General Plan Update. In the course of preparing and evaluating the General Plan alternatives, staff has determined that three additional aspects of financial analysis are needed which were not included in the original scope of work. This proposed amendment would authorize the additional work in the amount of $67,620. RECOMMENDATION: That the City Council adopt the Resolution approving the proposed Amendment, and authorizing the Mayor to sign said Amendment. BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable DISCUSSION: Backaround The preparation of a number of technical studies, including a Fiscal Impact Analysis (FIA), is an integral component of a General Plan Update. The evaluation of fiscal impacts associated with the various proposed General Plan alternatives and policy options is fundamental to the refinement and seleetion of final fiscally sound options for consideration. ERA's original contract was scoped to include the following major tasks: Develop a computer-based fiscal impact modeling program customized for Chula Vista to evaluate the fiscal soundness of the City's adopted GP and the GPU Alternatives Using the model, prepare an evaluation and report on the fiscal impacts (costs & revenues) of the adopted General Plan, and each of three initial GPU land use alternatives provided by the City. Use the model to prepare an evaluation and report on the fiscal impacts (costs & revenues) of three additional, revised alternatives, including a preferred alternative as provided by the City. Prepare the final Fiscal Impact Analysis report for publication with the GPU and accompanying EIR. )LI- i Page 2, Item No.: 14- Date: 06/01/04 In the course of preparing the and evaluating the initial GPU alternatives over the last several months, and in discussions with consultants and other parties, several issues have been identified and require further evaluation of the land use assumptions going into the next round of modeling. ERA is able and available to assist the City with these evaluations, but the work goes beyond their original contract scope. Scope of Additional Consultant Services The additional services desired of ERA effectively consist of three major components as summarized below, and more fully described in the contract amendment in Attachment 2: 1. land Use Demands Going into the first round of fiscal modeling of the GPU alternatives, staff included a range of varying land use assumptions as to density and intensity of residential and non-residential uses for areas contemplated for General Plan changes. In reviewing fiscal model outputs, questions arose as to the total supportable amount of development within the South Bay and the City over the approximately 30-year time frame of the GPU. This question was further heightened though the release of the initial market study by the Sedway Group in conjunction with the bayfront master plan process. While earlier work on the City's Economic Development Strategy (which the GPU has relied on) looked at market positioning and readiness, it does not provide the type of information need to respond to the GPU-oriented land use demand questions. Following is an overview of the topics that ERA's proposed work would address: The total amount and density of additional housing capacity needed in and around the downtown core area to support the envisioned retail and entertainment redevelopment. The total, supportable amount of retail, office and industrial development capacity within the South Bay and the City, and the desirable distribution and balance of this capacity between the bayfront, downtown and eastern Chula Vista. This also includes civic and cultural arts uses. The fee for this component of work is $20,400 which includes presentation of the research outcomes in two white papers (one on cultural arts, and one on land use demand), and attendance at three staff meetings and two hearings or workshops to present and discuss the information. 2. University and EUC A major component of the General Plan amendments under study in the Otay Ranch area is the size and configuration of the University site, and the desire to eliminate the current, secondary residential village land use plan (aka the "reversion" land plan). Also under consideration is the creation of two Town Centers within the current Village 8 and Village 9 areas (adjacent to the University site), and a Regional Technology Park (RTP) west of the SR125. ') - Page 3, Item No.: /If Date: 06/01/04 Although the adjacent Eastern Urban Center (EUC) is not proposed for amendment, a number of questions have arisen as to the potential affect of the surrounding proposed GPAs on the viability and market position of the EUC. Similar questions have also arisen as to the demands that the University would generate for support uses including retail, office and housing, and how these demands influence the EUC, RTP and proposed Town Center in Village 9. Given the importance of the EUC in the overall fiscal picture for Otay Ranch, it is important that an evaluation of the inter-twined nature of these major land use components be undertaken in support of determining a preferred land use alternative for the GPU. ERA proposed work in this regard includes: - Analysis of demand for university-related retail. Evaluation of coordinating office-related uses and market opportunities at the RTP, EUC and the V9 town center to address potential competitive conflicts, and supportive relationships. - The affect, if any, of proposed land use changes in the Otay Ranch (regarding the creation of town centers and the addition of a regional technology park) on the current Eastern Urban Center land use mix. - Advise on EUC retail positioning. Prepare a fiscal analysis of development scenarios for the EUC, and compare against the original Otay Ranch FIND Model to evaluate implications pursuant to the current tax sharing agreement with the County. The fee for this component of work is $25,000 which includes presentation of the research outcomes in one or more white papers, and the preparation of a fiscal impact analysis and report for three development scenarios of the EUC. Attendance at necessary staff meetings and hearings or workshops to present and discuss the information is also included. 3. Public Facilities Financing Assessment (PFFA) Along with the fiscal modeling of the initial alternatives, staff has also been evaluating the infrastructure and service needs generated by each of the GPU alternatives. Throughout the GPU public involvement efforts we have numerous questions as to how necessary infrastructure and services will be provided to support infill and redevelopment proposals, particularly in developed western Chula Vista. In order that the City be sufficiently prepared to answer these questions, a framework evaluation of infrastructure and service demands and costs, and mechanisms to provide for necessary future funding needs to be prepared as part of the GPU effort. Through the preparation of the proposed PFFA, ERA will evaluate the financing options for the infrastructure needed to support the General Plan alternatives. For instance, it is anticipated that the greatest needs are to add capacity to circulation, parks and schools. The proposed study will summarize alternative approaches to financing additions to public facility capacity, assess the ability and capacity to finance these additions, and recommend actions to enhance their successful implementation. /1-3 .-.------- Page4, ItemNo.:~ Date: 06/01/04 ERA will prepare a policy document regarding public facility provision and financing. The policy document will do the following: 1. Summarize the additions to capacity required for various public facilities to implement each land use scenario, as analyzed in the General Plan technical studies. 2. Summarize the timing requirements for these additions in order to maintain standards concurrent with development, as analyzed in the General plan technical studies. 3. Summarize the order-of-magnitude costs for these additions, as analyzed in the General Plan technical studies. 4. Discuss how different approaches to standards may affect the capacity, timing, and cost estimates. 5. Present and summarize alternative approaches for financing these additions to public facility capacity, including their basis and approval requirements. 6. Comment on the City's, developments', and Westside taxpayers' capacity to absorb the cost of the different financing mechanisms. 7. Assess the City's and Westside community's ability to finance additions to public facility capacity to implement the General Plan land use alternatives. 8. Recommend actions the City may take to enhance successful implementation, including the provision of facilities concurrent or in advance of demand. The fee for this component of work is $19,000 which includes necessary meetings and contacts with staff and other parties, and preparation of the PFFA document. ERA will also attend one Planning Commission and one City Council workshop or meeting to present the PFFA. Total Amendment Costs The base cost of the above three proposed work efforts is $64,400. Staff is further recommending a 5% contingency be added which equates to $3,220, bring the total first amendment request to $67,620. FISCAL IMPACT: The proposed $67,620 cost can be offset from funds in the already approved General Plan Update CIP. When added to the original agreement amount of $89,895, the total contract costs for ERA come to $157,515. H:IPLANNINGIGeneral_PlanIFiscallmpact Analysis\A113-ERA amdenment 1 06-01-04.doc '~..' '" . . Parties and Recital Page(s) Agreement between City of Chula Vista and Economics Research Associates for Financial Consulting Services for the City General Plan Update This agreement ("Agreement"), dated ~ /~ ,h:¡ ~ for the purposes of reference only, and effect e as f e date last executed unless another date is otherwise specified in Exhibit A, Paragraph I 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, the City of Chula Vista is currently in the process of a comprehensive update of the City General Plan, and; WHEREAS, the preparation of fiscal impact analyses are a necessary component of the General Plan update process in order to identify the revenue and operating effects, and related policy implications pertinent to the various General Plan update scenarios and to document baseline fiscal conditions for the City and the region to establish a valid model for evaluating the scenarios, and; WHEREAS, on May 23, 2002, the City of Chula Vista Planning and Building Department distributed and advertised the' Request for Proposals to provide financial consulting for the General Plan Update, and; WHEREAS, by July 8, 2002, the City of Chula Vista received five (5) proposals to provide said financial consulting services, and; Page 1 Two Party Agreement GPO FIA - January 2, 2003 AtTIrC~MENT 1 .'J , . ., ~ /2 . WHEREAS, after the duly appointed Selection Committee completed their review of tpe proposals and interviewed the five (5) consultant firms, the Selection Committee selected Economics Research Associates (ERA)as the Consultant to provide the required financial consulting services, 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. (End of Recitals. Next Page starts Obligatory Provisions.) Page 2 Two Party Agreement GPU FIA - January 2, 2003 /If-&' . . 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 W~rk 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 ~he 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 "Rate Schedule" in Exhibit A, Paragraph 11 (C), unless a separate fixed Page 3 Two Party Agreement GPU FIA - January 2, 2003 N-7 . 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 sub- consultants employed by it in connection with the Services required to be rendered, are protected against the risk of loss by the following insurance coverage, 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 and Employer's - Insurance Liabili ty 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 o\,/ned 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. Consul tant shall demonstrate proof of coverage herein required, prior to.the commencement of services required under this Agreement, by delivery of Certificates of Insurance demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. Page 4 Two Party Agreement GPO FIA - January 2, 2003 'Lj-c . . (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 ãdjacent 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 (indicàted by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Letter of Credi t " ), then Consultant shall provide to the City an irrevocable letter of credit callable by the City at their unfettered discretion by submitting to the bank a letter, signed by the City Manager, stating that the Consultant is in breach of the terms of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Letter of Credit", in said Paragraph 19, Exhibit A. (3) Other Security In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then Consultant shall provide to the City such other security therein listed in a form and amount satisfactory to the Risk Manager or City Attorney. Page 5 Two Party Agreement GPO FIA - January 2, 2003 ::; . . 1. 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 beyohd 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 account number indicated on Exhibit A, Paragraph 18 (C) to be charged upon making such payment. 3. Administration of Contract Page 6 Two Party Agreement GPO FIA - January 2, 2003 . . 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 delays by the City are not subject to penalties. Time extensions for delays beyond the consultant's control, other than delays caused by the City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the expiration of the specified time. Extensions of time, when granted, will be based upon the effect of delays to the work and will not be granted for delays to minor portions of work unless it can be shown that such delays did or will delay the progress of the work. 6. Financial Interests of Consultant A. Consultant is Designated as an FPPC Filer. If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer", Consultant is deemed to be a "Consultant" for the Page 7 Two Party Agreement GPO FIA - January 2, 2003 " if .- - . 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 D~termine 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 learns of an economic interest of Consultant's which may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. F. Specific Warranties Against Economic Interests. Consultant warrants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in any property which Page 8 Two Party Agreement GPU FIA - January 2, 2003 JIL/'} . may be the subject matter of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Defined Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 15. Consultant further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates in connection with Consultant's performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration of this Agreement, except with the written permission of City. Consultant may not conduct -or solicit any business for any party to this Agreement, or for any third party which may be in - conflict with Consultant's responsibilities under this Agreement, except with the written permission of City. 7. Hold Harmless Consultant shall defend, indemnify,'protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys fees) arising out of or alleged by third parties to be the result of the negligent acts, errors or omissions or the willful misconduct of the Consultant, and Consultant's employees, subcontractors or other persons, agencies or firms for whom Consultant is legally responsible in connection with the execution of the work covered by this Agreement, except only for those claims, damages, liability, costs and expenses (including without limitations, attorneys fees) arising from the sole negligence or sole willful misconduct of the City, its officers, employees. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the City, its agents, officers, or employees which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party. With respect to losses arising from Consultant's professional errors or omissions, Consultant shall defend, indemnify, protect Page 9 Two Party Agreement GPO FIA - January 2, 2003 Ji/- - . 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. This section in no way alters, affects or modifies the Consultant's obligation and duties under Section Exhibit A to this Agreement. 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, losses or payments for injury to any person or property, caused directly or indirectly from the negligent acts, errors or omissions of the Consultant or 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 manner Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Consultant shall, at the option of the City, become the property of the City, and Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused City by Consultant's breach. Page 10 Two Party Agreement GPO FIA - January 2. 2003 N . . 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 to remedy the error. 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 sub- consultants identified thereat as "Permitted Sub-consultants". 12. Ownership, Publication, Reproduction and Use of Material All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject Page 11 Two Party Agreement GPO FrA - January 2, 2003 jt/ --/5" 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. As to the future use of the Consultant's work produced pursuant to this Agreement, and for purposes other than as described in Exhibit A hereto, the City acknowledges that the fiscal analysis should not be used for a financial offering absent additional due diligence and/or update. 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 rej ect or accept Consultant's work products. Consultant and any of the Consultant's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal income tax, social security tax or any other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold the City harmless with regard thereto. 14. Administrative Claims Requirements and Procedures No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Page 12 Two Party Agreement GPO FIA - January 2, 2003 j" /.-, I . . 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 enti tIed 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 Page 13 Two Party Agreement GPU FIA - January 2, 2003 /1/-/7 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. As to the future use of the Consultant's work produced pursuant to this Agreement, and for purposes other than as described in Exhibit A hereto, the City acknowledges that the fiscal analysis should not be used for a financial offering absent additional due diligence and/or update. 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. Ci ty maintains the right only to rej ect or accept Consultant's work products. Consultant and any of the Consultant's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal income tax, social security tax or any other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold the City harmless with regard thereto. 14. Administrative Claims Requirements and Procedures No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1. 34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Page 12 Two Party Agreement GPO FIA - January 2, 2003 /,-/-/2' . Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 15. Attorney's Fees Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to a judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. 16. Statement of Costs In the event that Consultant prepares a report or document, or participates in the preparation of a report or document in performing the Defined Services, Consultant shall include, or cause the inclusion of, in said report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. 17. Miscellaneous 6 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 Page 13 Two Party Agreement GPO FIA - January 2, 2003 /'I-ILI or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified herein as the places of business for each of the designated parties. D. Entire Agreement This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any 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.] Page 14 Two Party Agreement GPU FIA - January 2, 2003 /if-2/) . . Signature Page to Agreement between City of Chula Vista and Economics Research Associates for Financial Consulting Services for the City General Plan Update IN WITNESS WHEREOF, City and Consultant have executed this Agreement thereby indicating that they have read and understood samet and indicate their full and complete consent to its terms: Oated:r1A1UJlJ;1 Itj'A., 2003 Z Mayor Attest: --::::~JLUJ~~~ Susan Bigelow, City Clerk Approved as to form: ~/ìt(~ Jrw-rl-atieny/ City Attorney Consultant: Economics Research Associates By: zæ~~ William Anderson, Vice-President Dated: ;/~/o ) Page 15 Two Party Agreement GPO FIA - January 2, 2003 Iii '/1 1 -1-- c- . Exhibit A to Agreement between City of Chula Vista and Economics Research Associates 1. Effective Date of Agreement: January , 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: , a [insert business form] ("City") 3. Place of Business for City: City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910 4. Consultant: Economics Research Associates 5. Business Form of Consultant: ( ) Sole Proprietorship ( ) Partnership (X) Corporation 6. Place of Business, Telephone and Fax Number of Consultant: 964 Fifth Avenue, Suite 214 San Diego, California 92101 Voice Phone (619) 544-1402 Fax Phone (619) 544-1404 Exhibit 'A' Page 1 Two Party Agreement GPO FIA - January 2, 2003 )'-1-2 . . 7. General Duties: Consultant will prepare an individualized Fiscal Impact Model for the City of Chula Vista, and use that model to (a) identify and analyze current baseline revenues, levels of service, and operating cost conditions for the City within its General Plan Area, as well as buildout conditions under the currently adopted General Plan, and (b) evaluate the revenue, operating cost, and fiscal impacts and implications of various land use alternatives and other policy options in conjunction with the comprehensive update of the City's General Plan. The methodology for development of this model, as well as the outcomes of modeling of current conditions and the various General Plan land use alternatives and policy options, shall be presented by the Consultant in reports which will become part of the technical studies document package to be published in conjunction with the General Plan Update, and used in support of the environmental and other reviews of the effects of proposed General Plan- Update land use and policy alternatives. Consultant will use the Fiscal Impact Model to estimate the costs of providing specified urban services, as well as receipt of specified revenues, associated with various land use alternatives regarding future development of residential, commercial, industrial, and other land uses within the City's General Plan Area, looking forward up to the year 2030. In addition, Consultant will use the model to test policy options relative to "levels of service" for certain types of urban services, as well as options pertaining to "fiscal reform" policies that would distribute certain revenues from the State and other sources to the City based on different formulas than are currently used. The proposed Fiscal Impact Model shall be designed to project marginal expenditures and revenues where appropriate, rather than applying an average cost methodology across the board, and will not make the simplifying assumption that future per-capita revenues and expenditures will necessarily remain at current levels, particularly with regard to the City's major revenue and expenditure categories. The model will include a sensitivity analysis of key assumptions that will result in confidence intervals for model outputs in addition to point estimates. The model will project expenditures and revenues by year, through projected City build-out. Preparation of the fiscal impact model and analyses is necessary in order to document current, baseline fiscal Exhibit 'A' Page 2 Two Party Agreement GPO FrA - January 2, 2003 ILf-23 conditions in the City and its General Plan Area, and to identify fiscal issues, considerations and policy implications pertinent to the development of fiscally sound alternatives to be presented with the General Plan Update. 8. Scope of Work and Schedule: A. Detailed Scope of Work: In fulfilling the General Duties described above, Consultant shall perform all of following to the satisfaction of the City's General Plan Project Manager in completion of work under thiG Agreement: 1. Project Orientation (1) Upon request of City's General Plan Project Manager, Consultant will meet with the City to obtain necessary background materials, and will - review those materials as they relate to and affect the development of an individualized fiscal impact modeling methodology for the City's General Plan Update.. These materials include, but are not limi ted to, the City's budget, General Plan and other related policies that establish standards, fiscal agreements with the County and other cities and agencies, development agreements, tax increment distribution formulas, population and household projections, land use composition, infrastructure / public facilities inventory, and anticipated wage and benefit increases. (2) Upon request of the City's General Plan Project Manager and review of the necessary materials, Consultant will meet with the City to discuss the City's fiscal goals, objectives and concerns, and to discuss average versus marginal cost approaches and variables, changes in assumptions to be tested, and protocols for working with the various departments. (3) Upon request of the City's General Plan Project Manager, Consultant will meet with the City and the Exhibit 'A' Page 3 Two Party Agreement GPO FIA - January 2, 2003 Fl-- . Peer Review G~oup (selected by the City), to review and receive input from the Group regarding the approach to the Fiscal Impact Analysis and modeling methodology. II. Development of Standards and Factors (1) Consultant will meet in focus groups, as City's General Plan Project Manager deems necessary, with selected department heads and/or staff (including but not limited to, Parks and Recreation, Public Works, Library, Community Development, Public Safety, Planning and Building, and Finance) to review their particular budgets and discuss major line item operating costs and capital costs that vary by location, density and/or land use. Consultant will aI_so determine which facilities and services serve a citywide population versus sub- areas, existing sources of funding these costs, and - which facilities or services are funded by special benefit assessments or development agreement concessions. Consultant will also discuss with these City Department focus groups what current facility and service standards are, and whether the City anticipates any changes to these standards. (2) Consultant will meet up to five (5) local developers, as determined by the City in conjunction with the Consultant, in a focus group to obtain information regarding residential, commercial and industrial property prices and trends to inform assessed valuation and real appreciation assumptions. (3) Based on review of the orientation materials and the above focus group interviews, and the City's determination of fixed versus variable costs, and citywide versus subarea costs, Consultant will prepare and submit 10 copies of a written summary and list of service and facility standards that are either explicitly stated as policy, or are implied by exiting planned development, and will meet with Exhibit 'A' Page 4 Two Party Agreement GPU FIA - January 2, 2003 Ji) -~--- ---..-...----..---- . the City to. review and discuss this summary. (Deliverable No. 1 meeting) (Deliverable No. 1) (4) Prior to submittal of Deliverable No.2, Consultant will develop taxable sales factors to assign to households, retail space (and the portion supported by non-residents), workers, and business / warehouse space based on Consultant's research of supportable retail land, expenditures attributable to Mexican shoppers, and Consultant's analysis of the City's business-to-business taxable sales. Consultant will confirm these factors with the City. (5) Prior to submittal of Deliverable No.2, Consultant will establish realistic market values per unit for different types of land uses, and will reasonably anticipate any real appreciation based on comparable sales data, and price trends for major use categories, adjusted for inflation, and considering the constraints under Proposition 13. Consultant will confirm these values with the City. (6) Prior to submittal of Deliverable No.2, Consultant will identify draft capital and operating assumptions based on current policies and practices, and any anticipated changes in such. Consultant will define these standards according to service areas criteria, as appropriate, to facilitate marginal cost modeling. Consultant will confirm these standards with the City. Consultant will develop fiscal cost and revenue factors by land use for each subarea, consistent with the City's service standards and facility capacity. Revenue factors will only apply to those budget line items that do not require special formulas to estimate. Consultant will confirm these factors with the City. III. Preparation of Modeling Methodology (1) The Consultant shall develop a fiscal impact Exhibit 'A' Page 5 Two Party Agreement GPU FIA - January 2, 2003 1t.f-'7 / !. ¡,...-I::} . modeling methodology acceptable to the City, which predicts costs and revenues associated with the build-out of the City's General Plan in accordance with defined level-of-service standards for City services, - and fiscal policies regarding the allocation of revenues such as sales tax and vehicle license in-lieu fees, among others. The model shall be designed to project marginal expenditures and revenues where appropriate, rather than applying an average cost methodology across the board. Rather than assuming that future per- capita revenues and expenditures will remain at current levels, the model shall use statistical modeling to project these values, or provide an alternative solution to this issue. The model methodology must also address projected sales tax revenue recognizing the influence of visitors from Mexico and other South Bay cities, and how sales tax revenue is allocated to both residential and non-residential-Iand uses. - City will provide Consultant with timeline assumptions of when major new City facilities are projected to be operating, along with assumed levels of service. Annual expenditure projections will be adjusted by Consultant for negotiated or projected wage and benefit increases. Annual revenue projections will be adjusted for both fixed revenue growth and applicable inflationary changes. The model shall also include the following components: a. A sensitivity analysis of the model's key assumptions to address the considerable uncertainty inherent in predicting future events. This analysis shall identify how variability in the model's key inputs affects the model's outputs, including estimated "confidence levels". Consultant will conduct the following tasks as part of the sensitivity -analysis: (i) Allow for variable uncertainty by utilizing a Microsoft Excel compatible risk analysis software package (such as @ Risk) Exhibit 'A' Page 6 Two Party Agreement GPU FIA - January 2, 2003 ILl -2 7 (ii) Identify key input variables by testing individual variables for magnitude of impact on model outputs. (iii) Establish reasonable ranges of variation and probabili ty distributions for each significant input variable (iv) Establish confidence intervals in addition to point estimates of model outputs (v) Assess the relative level of risk associated with each alternative assumption scenario, land use scenar~o, and/or policy scenario as b. An analysis of potential cash flow problems under different development scenarios, such as an instance (for example) where retails development might significantly lag residential development. c. An analysis of how the costs and benefits of development are distributed among various population groups, as requested by the City, such as how much of the projected sales tax increment is proj ected to come from visitors from Mexico and other South Bay cities. No more than ten groups will be selected. (2) Preparation of Draft Report on Modeling Methodology Consultant shall prepare and present a flow-chart based modeling methodology report outlining, describing and explaining the various modeling assumptions and methodology, and demonstrating how the model is intended to work, how marginal costs and market-related revenue factors are addressed, and how the models sensitivity will be assessed. The report shall also include identification of any service areas to be used to account for variances in cost and revenues for certain line items. Exhibit 'A' Page 7 Two Party Agreement GPU FIA - January 2, 2003 I Y-27 . Ten (10) copies of the Draft Modeling Methodology Report shall be provided for review and comment by the City and the Peer Review Group. (Deliverable No. 2) (3) Upon request of City's General Plan Project Manager Consultant shall meet with the City and the Peer Review Group to receive comments and input on the Draft Report. (4) Preparation of Final Modeling Methodology, Model and Report (Deliverable No. 3) Based on the review and inputs from the City and the Peer Review Group, Consultant shall make any according revisions to finalize the modeling methodology and the associated Report. The model itself will be developed as a series of integrated Microsoft Excel spreadsheets, with macros, that allow static and variable input factors to project fiscal costs and revenues over time for various General Plan land use and policy scenarios. The model will apply cost factors by land use for each fiscal service zone that reflect the marginal cost in each zone. Costs will be assigned to each land use based on a rationale relationship between the item and land use, which will be explained and documented in the Report. The model will similarly apply general revenue factors by land use for those revenue items that do not require special formulas to estimate. These will also be explained and documented in the Report. The model will present the net fiscal impact of land use scenarios by year to the year 2020 for each fiscal service zone, along with the aggregate impact to the City. IV. Evaluation of Current Fiscal Conditions and Existing City General Plan 1. Consultant will utilize the approved model to test the results of the model when applied to the Ci ty' s adopted General Plan. Consultant will prepare and submit 10 copies of a report presenting Exhibit 'A' Page 8 Two Party Agreement GPU FIA - January 2, 2003 ) 1./ -;1'::; the results of the modeling for review and comment by the City and the Peer Review Group. (Deliverable No. 4) 2. Upon request of the City's General Plan Project Manager, Consultant will meet with the City and the Peer Review Group to review and discuss the report and model outcomes, and to receive any direction as to changes to the model before it is used to test any of the proposed land use and policy alternatives for the General Plan Update. V. Evaluation of initial General Plan land use alternatives and policy options 1. Consultant will utilize the model to test three (3) General Plan land use alternatives and up to 5 policy options as identified by the City's General Plan Project Manager. Consultant will prepare and submit 10 copies of a report presenting - the results of the modeling for review and comment by the City and the Peer Review Group. The report will indicate the annual cash flow results for each land use alternative and policy option so the City can understand how variances in phasing may affect the City's fiscal resources. (Deliverable No. 5) 2. Upon request -of the City's General Plan Project Manager, Consultant will meet with the City to review and discuss the report and model outcomes. 3. Upon request of the City's General Plan Project Manager, Consultant may be required, at the City's discretion, to attend a community meeting to make a presentation and/or answer questions as to the fiscal implications of the initial General Plan land use alternatives and policy options. VI. Evaluation of additional General Plan land use alternatives and policy options 1. Consultant will utilize the model to test an additional three (3) General Plan land use alternatives and up to 5 policy options as identified by the City's General Plan Project Exhibit 'A' Page 9 Two Party Agreement GPU FIA - January 2, 2003 ILj~ -'. Manager. Consultant will prepare and submit 10 copies of a report presenting the results of this modeling for review and comment by the City and the Peer Review Group. The report will indicate the annual cash flow results for each land use alternative and policy option so the City can understand how variances in phasing may affect the City's fiscal resources. (Deliverable No. 6) 2. Upon request of the City's General Plan Project Manager, Consultant will meet with the City to review and discuss the report and model outcomes. 3. Consultant may be required, at the City's discretion, to attend a community meeting to make a presentation and/or answer questions as to the fiscal implications of the additional General Plan land use alternatives and policy options. VII. Preparation of Draft Fiscal Impact Analysis Report, and electronic version of modeling software (Deliverable No.7) 1. Consultant shall prepare and submit 15 copies of a concise but comprehensive Draft Fiscal Impact Analysis Report that presents all the research and analysis conducted as part of this engagement, documents the assumptions used in the model, and presents the analysis of a City-selected set of General Plan alternatives, including a preferred alternative to be presented as the City's proposed General Plan Update. Consultant will also identify fiscal-related planning issues and policy implications pertinent to the General Plan update. Recommendations will be made for planning options and policy development. Key findings from the analysis shall be presented in an Executive Summary in the Report. A full print out of the model outputs will be included as an appendix. 2. The Draft Fiscal Analysis Report will be accompanied with an Excel-based electronic version of the model, with macros, and a draft user-friendly manual for City staff use. The model will be designed to evaluate General Plan alternatives, but will be linked to simplified consolidated spreadsheets for evaluating specific projects. Exhibit 'A' Page 10 Two Party Agreement GPU FIA - January 2, ,2003 li./ VIII. Preparation of Final Fiscal Impact Analysis Report, Model User Manual and Staff Training 1. Based on City comments, Consultant will then revise the Report and make final modifications to the model as required. Consultant will provide 15 bound copies of the Final Fiscal Impact Analysis Report, along with one (1) unbound camera-ready' copy, and an electronic version of the document in Microsoft Word format. The spreadsheet model will also be submitted in electronic format. (De1iverab1e No.8) 2. Based on City comments, Consultant will submit one (1) camera-ready copy of a final user manual for City Staff. (De1iverab1e No.9) 3. Upon request of the City's General Plan Project Manager, Consultant will conduct one (1) training - session with City staff on use of the modeling software. Length of that session to be determined by City in conjunction with Consultant. IX. Meetings and Consultation: Upon request of the City's General Plan Project Manager, 1. Consultant will meet with appropriate City personnel, as well as outside agency personnel and developers as warranted, during the preparation of the fiscal impact analyses to assist in obtaining current information needed for the preparation of the analyses pursuant to the detailed scope of work contained in this agreement. 2. Consultant shall also hold periodic meetings throughout the work period with the applicable members of the City's General Plan Update 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 analyses. These may include, at the City's General Plan Project Manager's discretion, in-person meetings, phone conversations, and conference calls. 3. Consultant will also attend up to 3 General Plan Update Economic Development Subcommittee meetings in Exhibit 'A' Page 11 Two Party Agreement GPO FIA - January 2, 2003 / Lf- . -'. order to present information regarding this work effort, respond to questions raised by the Subcommittee and members of the public, and otherwise participate in these meetings as directed by City. 4. Consultant will attend up to two (2) community meetings to present modeling conclusions regarding land use and policy alternatives, and/or to answer questions regarding related fiscal impacts; and 5. Consultant will attend up to two (2) Planning Commission hearings, and one (1) City Council hearing on adoption of the General Plan Update to present fiscal impact evaluations and information, and to answer questions. 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: Submit 10 bound copies of the Summary of Facility and Service Standards report (see task 8.A.II(3)). (Due date; not later than 1/22/2003) Deliverable No. 2: Submit 10 bound copies of the Draft Report on Modeling Methodology (see task 8.A.III(2)). (Due date; within 3 weeks after Deliverable ~o. 1 meeting (expected due date to be on or about 2/14/2003)) Deliverable No. 3: Submit 10 bound copies of the Final Modeling Methodology Report (see task 8.A.III(4). (Due date; within 1 week of delivery of comments on Deliverable No. 2 to Consultant, (expected due date to be on or about 3/7/2003» Deliverable No. 4: Submit 10 bound copies of the report on Modeling Evaluation of Current Fiscal Conditions and the Existing City General Plan (see task 8.A.IV(1)). (Due date no later than 6 weeks after City receives Deliverable No. 3, (expected due date to be on or about 4/18/2003)) Deliverable No. 5: Submit 10 bound copies of a report presenting the modeling analysis of the initial General Plan land use alternatives and policy options (see task 8.A.V(1)). Exhibi t 'N Page 12 Two Party Agreement GPU FIA - January 2, 2003 !Lf~33 (Due date: no later than 7 weeks of City's delivery of land use alternatives and policy options to Consultant) Deliverable No. 6: Submit 10 bound copies of a report presenting the modeling analysis of additional General Plan land use alternatives and policy options (see task 8.A.VI(1)). (Due date: No later than 8 weeks after City's delivery of the land use alternatives and policy options to Consultant) Deliverable No. 7: Submit 15 bound copies of the General Plan Update Draft Fiscal Impact Analysis Report, and one electronic copy of the computer model (see task 8.A.VII(1)&(2). (Due date: No later than 5 weeks .after City's delivery of comments and direction ~n Deliverable No. 6 to Consultant) Deliverable No.8: Submit 15 bound copies, 1 unbound camera- ready copy, and an electronic version in MS Word format of the General Plan Update Final Fiscal Impact Analysis Report, and one electronic copy of "the computer model (see task 8.A.VII(1)). (Due date: No later than 2 weeks after City's - delivery of comments and direction on Deliverable No. 7 to Consultant) Deliverable No. 9: Submit 1 camera-ready copy of a final User Manual for the computer-based fiscal impact model (see task 8 .A. VII (2) ). (Due date: Within 1 week of submittal of Deliverable No. 8) D. Date for completion of all Consultant services: Completion of all required tasks described under Section 8.A of this Agreement to the satisfaction of the City's General Plan Project Manager. 9. 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: Exhibit 'A' Page 13 Two Party Agreement GPU FIA - January 2, 2003 /tJ-3tf . . The following materials will be delivered by City to Consultant within two weeks of the effective date of Agreement: a. Current City Budget and related materials b. Current City General Plan and supporting policy documents c. Base Maps of Adopted City of Chula Vista General Plan Study Area (in electronic GIS format) identifying: i. General Plan land uses ii. Adopted Zoning and densities iii. Developed and undeveloped acreage by land use type d. Fiscal agreements with other jurisdictions, including agreements with the County of San Diego regarding Otay Ranch. e. The Otay Ranch 'FIND' model results and assumptions f. Any development agreements affecting fiscal conditions g. Redevelopment Project Area details and tax increment distribution formulas h. Adopted population and household projections by defined subareas i. Inventory of public facilities and major infrastructure improvements j. Historic taxable sales data k. Assessed valuation data 1. Available information regarding identification of fixed and variable costs by department m. Information identifying cost distribution factors at both a citywide and sub-area level 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: Exhibit 'A' Page 14 Two Party Agreement GPU FIA - January 2, 2003 /'-(35 Single Fixed Fee Amount: $89,895.00, for the required tasks payable as follows: MILESTONE AMOUNT 1 Signing of this Agreement by all parties and $4,500.00 upon request of the Consultant 2 Submittal of Deliverable No. 1* $6,000.00 3 Submittal of Deliverable No. 2* $10,700.00 4 Submittal of Deliverable No. 3* $10,700.00 5 Submittal of Deliverable No. 4* $10,700.00 6 Submittal of Deliverable No. 5* $10,700.00 7 Submittal of Deliverable No. 6* $10,700.00 8 Submittal of Deliverable No. 7* $10,700.00 9 Submittal of Deliverables No. 8 and 9* $10,700.00 10 Completion of Work (5% retention) $4,495.00 * For purposes of payment, deliverables shall compietely address and analyze all issues/content identified in the detailed scope-of- - work (as described in Exhibit A, Section 8) to the satisfaction of the General Plan Project Manager. Payment shall not be made until the City's General Plan Project Manager determines that complete work products have been submitted. ( ) 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 Exhibit 'A' Page 15 Two Party Agreement GPO FIA - January 2, 2003 /if -2,/ ~'!O . . '. 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 ma king interim monthly advances shall not convert this ilgreement 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. 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 Exhibit 'A' Page 16 Two Party Agreement GPO FIA - January 2, 2003 -5'7 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 basïs 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 Services, at the rates or amounts set forth in the Rate Schedule herein below 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 including all Materials, and other "reimbursables" ("Maximum Compensation") . (2) (X) Limitation without Further Authorization on Time and Materials Arrangement At such time as Consultant shall have incurred time and materials equal to $89, 895.00 ("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 Sr. Vice President Steve Spickard $245 Exhibi t 'A' Page 17 Two Party Agreement GPU FIA - January 2, 2003 -t . _O. Vice President William Anderson $220 Senior Associate Amitabh Barthakur $145 Senior Associate Jung Kim $160 Associate Brett Piercy $105 Associate $105 Support Staff $ 50 12. Materials Reimbursement Arrangement 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: Ed Batchelder, General Plan Project Manager, Planning and Building Department, 276 Fourth Avenue, Chula Vista, CA 91910, (619) 691-5005. Consultant: William Anderson, Vice President, Economics Research Associates, 964 Fifth Avenue- Suite 214, San Diego, CA 92101, (619) 544-1402. 14. Liquidated Damages Rate: ( ) $ _° per day. ( ) Other: 15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: (X) Not Applicable. Not an FPPC Filer. Exhibit 'A' Page 18 Two Party Agreement GPU FrA - January 2, 2003 It..¡ . -:~ , -;:>1 ( ) FPPC Filer ( ) Category No. 1. Investments and sources of income. ( ) Category No. 2. Interests in real property. ( ) Category No. 3. Investments, interest in real property and sources of income subject to the regulatory, permit or licensing authority of the department. ( ) Category No. 4. Investments in business entities and sources of income which engage in land development, construction or the acquisition or 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: None. 18. Bill Processing: Exhibit 'A' Page 19 Two Party Agreement GPO FIA - January 2, 2003 It¡ ~ '/t? . . '. A. Consultant's Billing to be submitted for the following period of time: (X) Monthly ( ) Quarterly ( ) Other: B. Day of the Period for submission of Consultant's Billing: ( ) First of the Month (X) 15th Day of each Month ( ) End of the Month ( ) Other: C. City's Account Number: To be assigned after agreement is processed. 19. Security for Performance ( ) Performance Bond, $ ( ) Letter of Credit, $ - ( ) Other Security: Type: Amount: $ (X) Retention. If this space is checked, then notwithstanding other prOV1S10ns to the contrary requiring the payment of compensation to the Consultant sooner, the City shall be entitled to retain, at their option, either the following "Retention Percentage" or "Retention Amount" until the City determines that the Retention Release Event, listed below, has occurred: (X) Retention Percentage: 5 % ( ) Retention Amount: $ Retention Release Event: (X) Completion of All Consultant Services to the satisfaction of the City's General Plan Project Manager. ( ) Other: Exhibit 'A' Page 20 Two Party Agreement GPO FIA - January 2, 2003 j'! !. :..¡ -Lr I RESOLUTION NO. 2004-- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND ECONOMICS RESEARCH ASSOCIATES FOR FINANCIAL CONSULTING SERVICES FOR THE CITY'S GENERAL PLAN UPDATE WHEREAS, in January 2003, the City Council approved an Agreement with Economics Research Associates (ERA) to prepare a Fiscal Impact Analysis (FIA) in support of the City's General Plan Update for the sum of approximately $90,000; and WHEREAS, in the course of preparing and evaluating the General Plan alternatives, staff has determined that three additional aspects of financial analysis are needed which were not included in the original scope of work. This proposed amendment would authorize the additional work in the amount of $66,000 and an additional 5% contingency for a total of $67,620; and WHEREAS, pursuant to the First Amendment, the consultant will analyze GPU oriented land use demand; University related land uses and evaluate financing options for GPU alternatives infrastructure; and WHEREAS, staff has determined that the consultant is able and available to assist the City and therefore recommends approval of the First Amendment. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the first amendment to Agreement between the City of Chula Vista and Economics Research Associates for financial consulting services for the City's General Plan Update, a copy of which shall be kept on file in the office ofthe City Clerk. BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute said agreement on behalf of the City ofChula Vista. Presented by Approved as to form by !~~(~ Jim Sandoval Director of Planning and Building City Attorney j,AttomeylResolAmendmentslERA Amendment 61 04 / if -Lf? THE A TT ACHED 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 l£~r2ot c ~ City Attorney Dated: .r- J 1-~ cJ '( First Amendment to Agreement between The City of Chula Vista and Economics Research Associates for Financial Consulting For the City's General Plan Update ItJ I'-, I ( - ~I :5 FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF CHULA VISTA AND ECONOMIC RESEARCH ASSOCIATES FOR FINANCIAL CONSULTING SERVICES RELATED TO THE CITY'S GENERAL PLAN UPDATE WHEREAS, the City of Chula Vista, by Resolution on January 14, 2003, approved an Agreement with Economics Research Associates (ERA) ("consultant") to provide financial consulting services in connection with the City's General Plan Update ("ORIGINAL AGREEMENT"); and WHEREAS, there is a need for additional consultant services in order to ensure the timely completion of the General Plan Update (GPU); and WHEREAS, the City requires further consultant efforts in order to evaluate land use assumptions toward refining GPU land use alternatives, and in the evaluation of funding options for infrastructure and service demands related to those alternatives; and WHEREAS, expanding the scope of work for the consultant who has extensive experience and familiarity with the General Plan Fiscal Impact Analyses will result in enhanced continuity and move the General Plan Update process efficiently forward to resolution. NOW, THEREFORE, the parties agree to amend the original agreement as follows: 1. Exhibit A, paragraph B.A, is amended to add new subsections X, XI and XII which read as follows: X. Preparation of a Public Facilities Finance Assessment (1) Orientation: Review the General Plan land use alternatives for the westside communities, General Plan facility standards, population and household projections associated with the alternatives, technical studies prepared for the General Plan regarding public facilities and services, and any special reports prepared regarding the wests ide's future development. (2) Existing Capacity: Review existing total Assessed Valuation and tax increment generated in the westside, provided by the City. (3) Development Absorption: Given the development capacity associated with the land use alternatives, prepare reasonable absorption assumptions for the incremental increase in development associated with each land use scenario. Assign an First Amendment to Exhibit A /'1.. II ý' Page 1 of 7 Agreement with ERA for GPU Fiscal Consulting Services May 20, 2004 A-rTArU M1=--/\/T 2- average unit value to this projected growth to estimate assessed valuation capacity and tax increment capacity in the westside. (4) Interviews: Interview selected City and outside agency or district staff, and technical consultants, regarding public facility capacity issues and thresholds specifically in the Westside communities of Chula Vista, and estimated costs to add to capacity. (5) Sources of Financing: Review existing and potential sources available for financing a range of public facility capital improvements and service delivery for the westside communities. Such range will include, but not necessarily be limited to parks, schools, roads, transit, water, sewer and drainage. (6) Draft Policy Document: Prepare a policy document regarding public facility and service provision and financing. The policy document should do the following: (Deliverable No. 10) a. Summarize the additions to capacity required for various public facilities and services to implement each land use scenario, as analyzed the General Plan technical studies. b. Summarize the timing requirements for these additions in order to maintain public facility and service standards concurrent with development, as analyzed in the General Plan technical studies. c. Summarize the order-of-magnitude costs for these additions, as analyzed in the General Plan technical studies. d. Discuss how different approaches to public facility and service standards may affect the capacity, timing, and cost estimates. e. Present and summarize alternative approaches for financing these additions to public facility and service capacity, including their basis and approval requirements. f. Comment on the City's, private developer's and westside taxpayer's capacity to absorb the cost of the different financing mechanisms. g. Assess the City's and westside community's ability to finance additions to public facility capacity to implement the General Plan land use alternatives. First Amendment to Exhibit A ':? Page 2 of 7 Agreement with ERA for GPU Fiscal Consulting Services May 20, 2004 h. Recommend actions the City may take to enhance successful implementation, including any potential amendments to the City's current requirements regarding the provision of facilities and services concurrent, or in advance of demand. (7) Review Draft Policy Document: Review the above Draft document with City Staff and Technical Consultants. (8) Prepare and Present Final Document: After receiving comments, prepare the final Public Facilities Finance Assessment report. Present the findings and recommendations at one staff meeting, one Planning Commission workshop and one City Council Workshop, all as directed by City staff. (Deliverable No. 11) XI. Land Use Demand Analysis (1) Cultural Arts Facilities: Interview City cultural arts staff, and based on ERA's experience with preparing feasibility studies of cultural arts facilities, prepare a White Paper regarding cultural arts niches and site location considerations throughout the City to encourage cross patronage. (Deliverable No. 12) (2) Commercial and Industrial Demand and Land Use Coordination: Review the several market studies prepared regarding commercial and industrial development potential in the City, including the Bayfront Master Plan studies, developer/landowner commissioned studies, the Downtown Master Plan studies, proposed land use changes, etc. Independently review regional employment and commercial/industrial land use projections. Compare the findings with the development capacities implied by the General Plan Update land use alternatives to determine the reasonableness of General Plan assumptions for supportable industrial, commercial office, and commercial retail capacities. Prepare a White Paper regarding capacity issues, implications for landowners, policy implications for the City in light of the EDS, and fiscal implications. (Deliverable No. 13). Prepare for and attend three staff meetings and two public hearings or workshops to present and discuss the White Paper. XII. University and Eastern Urban Center Area Land Use Evaluations (1) Demand for University-related Retail: Based on the university or research cluster scenarios, and ERA's experience with university- related retail demand, estimate potential order-of-magnitude demand for retail space that the proposed university concepts may First Amendment to Exhibit A /'-I-Llb Page 3 of 7 Agreement with ERA for GPU Fiscal Consulting Services May 20, 2004 support. Provide a memorandum presenting this information. (Deliverable No. 14). (2) Office/RTP Relationships: Prepare a White Paper regarding coordinating office-related land uses and market opportunities at the RTP, University Center, and the EUC, including potential competitive conflicts and mutually supportive relationships. (Deliverable No. 15). (3) Advise on EUC Retail Positioning: Given the amount of retail space planned and proposed at Otay Ranch, including a regional shopping center at the Freeway Commercial area north of the EUC, and a university village south of the EUC, and given the amount of residential and office development envisioned for the EUC, estimate the amount of retail space that the EUC may support, and make recommendations regarding its market orientation in a memorandum communication. (Deliverable No. 16). (4) Prepare Fiscal Analysis of the EUC: Based on the preferred development scenarios for lands surrounding the EUC, prepare a specific fiscal impact analysis of three development scenarios for the EUC. Compare the findings with the FIND Model's latest findings and evaluate the implications for the tax sharing agreement between the City and County. If necessary, the City will be responsible for re-running the FIND Model with more current inputs. (Deliverable No. 17). 2. EXHIBIT A, Paragraph C, on page 12 of original agreement is amended to add Deliverables, which read as follows: Deliverable No.1 0: Submit 10 bound copies of the Draft Policy Document (see task 8.A.X(7». (Due date: no later than June 30, 2004). Deliverable No. 11: Submit 10 bound copies of the Public Facilities Finance Assessment report (see task 8.A.X.(8». (Due date: no later than July 16, 2004). Deliverable No. 12: Submit 10 bound copies of the Cultural Arts Facilities White Paper (see task 8.A.XI.(1). (Due date: no later than June 21, 2004). Deliverable No. 13: Submit 10 bound copies of the Commercial and Industrial Demand and Land Use Coordination White Paper (see task 8.A.XI.(2». (Due date: no later than June 7, 2004). '0"'- , , First Amendment to Exhibit A Page 4 of 7 Agreement with ERA for GPU Fiscal Consulting Services May 20, 2004 Deliverable No. 14: Submit 10 copies of the memorandum presenting demand for university-related retail (see task 8.A.XII.(1 )). (Due date: no later than June 9, 2004). Deliverable No. 15: Submit 10 copies of the White Paper regarding Office/RTP Relationships (see task 8.A.XII.(2». (Due date: no later than June 7, 2004). Deliverable No. 16: Submit 10 copies of the memorandum presenting advise on EUC Retail Positioning (see task 8.A.XII.(3»). (Due date: no later than June 9, 2004). Deliverable No. 17: Submit 10 copies of a report on the outcomes of the Fiscal Analysis of the EUC (see task 8.A.XII.(4».(Due date: no later than June 30,2004). 3. Exhibit A, paragraph 11 A re: Single fixed fee arrangement, is hereby amended as follows: Single Fixed Fee Amount: $157,515 MILESTONE Table 9a. Submittal of Deliverable No.1 0** $10,000 (amount) 9b. Submittal of Deliverable No. 11 ** $ 9,000 (amount) 9c. Submittal of Deliverable No. 12** $ 5,600 (amount) 9d. Submittal of Deliverable No. 13** $14,800 (amount) ge. Submittal of Deliverable No. 14** $ 5,500 (amount) 9a. Submittal of Deliverable No. 15** $ 4,000 (amount) 9a. Submittal of Deliverable No. 16** $ 5,500 (amount) 9a. Submittal of Deliverable No. 17** $10,000 (amount) 10. Completion of Work (5% retention) $ 7,715 (amount) **See new scope of work as described in Paragraph 1 above. 4. Exhibit A, paragraph 11 C (2) is hereby amended to delete the figure $89,895 and to substitute in its place the sum of $157,515. 5. Exhibit A, paragraph 13, Contract Administrators, Consultant is hereby amended to reflect ERA's office contact information as follows: 600 B Street. Suite 1470, San Diego, CA 92101, (619) 237-1227 6. All other terms and conditions not modified by this First Amendment to the Original Agreement shall remain in full force and effect. First Amendment to Exhibit A -;r . ,- Page 5 of 7 Agreement with ERA for GPU Fiscal Consulting Services May 20, 2004 NEXT PAGE IS SIGNATURE PAGE First Amendment to Exhibit A l/q Page 6 of? Agreement with ERA for GPU Fiscal Consulting Services May 20, 2004 SIGNATURE PAGE TO FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF CHULA VISTA AND ECONOMIC RESEARCH ASSOCIATES IT WINTESS 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: CITY OF CHULA VISTA By: Stephen C. Padilla, Mayor Attest: Susan Bigelow City Clerk Approved as to form: Ann Moore City Attorney DATED: ~/Z~/I? y Economic Research Associates, Inc. / / By: ~ ft? /L - First Amendment to Exhibit A / ~.. -50 Page 7 of 7 Agreement with ERA for GPU Fiscal Consulting Services May 20, 2004 PAGE 1, ITEM NO.: }5 MEETING DATE: 06/01104 CITY COUNCIL AGENDA STATEMENT ITEM TITLE: PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA TO CONSIDER ADOPTING A SPECIFIC PLAN (PCM-02-10) FOR THE AUTO PARK EAST EXPANSION (FRED BORST, BORST FAMILY TRUST, AND FASK LAND) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM (15-02- 010) FOR THE AUTO PARK EAST SPECIFIC PLAN (PCM-02-10) (FRED BORST, BORST FAMILY TRUST, AND FASK LAND) ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A SPECIFIC PLAN (PCM-02-10) FOR THE AUTO PARK EAST EXPANSION (FRED BORST, BORST FAMILY TRUST, AND FASK LAND) SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTO Uv! REVIEWED BY: EXECUTIVE DIRECTOR 4/5THS VOTE: YES D NO 0 BACKGROUND On September 5, 2001, Fred Borst, Borst Family Trust, and Fask land ("Applicant") filed an application for a Specific Plan (PCM-O2-10) for the development of auto dealerships and supporting uses on approximately 31 acres on the south side of Main Street and east of the existing Auto Park. The project is located in the Otay Valley Road Redevelopment Project Area. RECOMMENDATION It is recommended that the City Council conduct the Public Hearing to consider adopting a Specific Plan (PCM-02-1 0). It is recommended that the City Council adopt a Resolution adopting a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-02-01 0) for the Auto Park East Specific Plan (PCM-02-1 0). It is recommended that the City Council place on first reading an Ordinance adopting the Auto Park East Specific Plan (PCM-02-1 0). /5-1 PAGE 2, ITEM NO.: J£ MEETING DATE: 06/01/04 BOARDS/COMMISSIONS RECOMMENDATION On October 20, 2003, the Resource Conservation Commission (RCC) considered the Mitigated Negative Declaration and Initial Sludy (15-02-010) for the Auto Park East Specific Plan (PCM-02- 10). The RCC determined that the Initial Study was adequate and recommended that the Mitigated Negative Declaration be adopted. On April 28, 2004, the Planning Commission adopted Resolution No. PCM-02-10 recommending that the City Council adopt a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (15-02-010) and introduce an ordinance approving a Specific Plan (PCM-02-10). The Planning Commission recommended modifying the Specific Plan to require landscape plans to be submitted to the Otay Valley Regional Park Citizens Advisory Committee (CAC) for comment prior to review by the Design Review Committee (DRC). This change is noted in strike-out/underline in the attached Specific Plan. In addition, the Planning Commission recommended that the trails easement alignment be submitted to the CAC for review prior to final map approval. DISCUSSION SPECIFIC PLAN: Purpose and Objectives The Auto Park East Specific Plan has been prepared, in accordance with California Government Code Sections 65450-65457 and Chula Vista Municipal Code Chapter 19.07, to plan and implement the easterly expansion of the Chula Vista Auto Park. The guiding rationale behind the Specific Plan is to ensure the orderly and viable development of the site and the implementation of the policies of the General Plan and the Otay Valley Road Redevelopment Project Area by establishing permitted land uses, development standards, design guidelines, and an entitlement process. The comprehensive and coordinated development of the site will benefit the City and the Redevelopment Project Area by removing blight and facilitating new development that will expand commerce and the employment base. The Auto Park East Specific Plan is a policy and regulatory tool that will guide the development of the site using a focused development scheme. It provides a bridge between the broad policies of the General Plan and the detailed development objectives for the site. The Specific Plan establishes land use and development regulations that are specifically adapted to the proposed development of the site. The provisions of the Specific Plan are intended to be responsive to constraints and opportunities on the site and the objectives of the project while implementing adopted policy. The primary objectives of the Auto Park East Specific Plan are to: . Expand the existing Auto Park to create a regional destination automobile sales and service park with supporting uses; . Create a distinct identity for the Auto Park and a thematic link to other attractions in the Otay Valley through the Main Street Streetscape Master Plan; /f)~~ PAGE 3, ITEM NO.: 1.5 MEETING DATE: 06/01/04 . Coordinate the development, operation, and maintenance of the site; . Improve the image of the Main Street corridor and adjacent land uses; and . Ensure the provision of all necessary infrastructure, services, and facilities. Site Characteristics and Surrounding Uses The project site is located along Main Street, approximately one half mile east of Interstate 805, between Brandywine Avenue and Maxwell Road. The site consists of approximately 31 acres on the south side of Main Street with approximately 2,910 feet of street frontage and a maximum depth of approximately 600 feet. The site was previously developed and used for agricultural purposes and also included the former City Animal Shelter, which was demolished in 2002. The site has been stocked with imported fill under an uncontrolled embankment permit. Immediately adjacent land uses include the existing Auto Park to the west, the Auto Park North expansion site, industrial parks to the north (across Main Street), the Otay Valley Regional Park and Otay River to the south and east. Miscellaneous industrial and commercial uses are located along the Main Street corridor along with open space related to the Otay River Valley. The Otay Landfill is located to the northeast of the Project site; the Coors Amphitheater and Knott's Soak City are located to the east. Development Concept The Chula Vista Auto Park is intended to be a regional automobile sales and service destination located within the Otay Valley Road Redevelopment Project Area. The existing 24-acre Auto Park was constructed in 1991- 1995. The Auto Park North expansion was approved in June 2003 and has added approximately 39 acres to the Auto Park. The Auto Park East expansion would add approximately 31 acres to the Auto Park for a total of approximately 94 acres. This would include the approximately one-acre former City Animal Shelter parcel owned by the City. The Auto Park East Specific Plan would allow new car dealerships on at least 75 percent of the site and the construction of at least 200,000 square feet of dealership buildings. The floor area for these buildings would vary depending on the development proposals submitted for individual dealerships. These buildings would typically include showrooms, offices, service stations, and parts departments. Up to 25 percent of the site could be developed with supporting uses such as a service station, car wash, and restaurants. The development concept for the Auto Park East Specific Plan consists of 14 parcels. At least 60 percent of the frontage on Main Street is required to be,develaped with new car dealerships. Up to 40 percent of the Main Street frontage may be developed with supporting uses. Signalized intersections are proposed at the existing Main Street intersections at Delniso Court, Roma Court, and Maxwell Road. /5,3 PAGE 4, ITEM NO.: IS MEETING DATE: 06/01 /04 Development Standards The Specific Plan includes development standards, design guidelines, performance standards, and conditions. These provisions establish lot configurations, maximum lot coverage and floor area, maximum height, minimum setbacks, parking requirements, landscape requirements, and sign requirements. Although most of these standards are consistent with the underlying zone or other provisions of the Municipal Code, some are unique to the Specific Plan and take into consideration the proiect site and the obiectives for the Auto Park. The Specific Plan's design guidelines require landscape consistency within the Auto Park and street, signage, and landscape improvements that are consistent with the Main Street Streetscape Master Plan. These design controls are intended to create a coordinated theme and image for the Auto Park and the Main Street corridor. Performance standards and conditions would insure that the operations and maintenance of the land uses in the Auto Park do not become detrimental to other uses or surrounding areas. These standards and conditions address hours of operation, promotional displays and events, deliveries and loading, outdoor speakers and pagers, car washing, facilities maintenance, and lighting. Issues Addressed The primary issues identified in the Specific Plan include the project's adjacency to the Otay River and the proposed Otoy Valley Regionol Park, trails linkages within the park, the shallow depth of the site, extensive frontage along a prime arterial street, and location within the industrial Main Street corridor. The Specific Plan addresses these issues primarily through development standards including a substantial setback requirement (60-feet minimum) along the southern project boundary, a landscape buffer consisting of native and/or non-invasive plant materials, limited vehicular access points to Main Street, and consistency with the Main Street Streetscape Master Plan. A trails easement is also provided for along the southern project boundary, unless an alternate location is identified to the satisfaction of the Community Development Director. General Plan Consistency The Auto Park East Specific Plan is consistent with the Research and limited Industrial land use designation of the General Plan. Automobile sales are conditionally permitted uses in the I-l, limited Industrial Zone, which implements the land use 'designation. The Specific Plan would limit the range of uses otherwise permitted by the limited Industrial Zone in order to achieve the objectives of the Redevelopment Plan for the Otay Valley Road Project Area, specifically the expansion of the Auto Park and creation of a regional-serving auto center. The limited Industrial zone allows a wide range of uses including, but not limited to, manufacturing, processing, assembling, and packaging of products; warehousing; laboratories; IS-¥- PAGE 5, ITEM NO.: ¡5 MEETING DATE: 06/01/04 vehicle and equipment sales; sales, rental, storage, and service yards; agriculture; machine shops; service stations; restaurants; auto repair, engine rebuilding, and auto body and paint shops; trucking yards, terminals, and distributing operations; retail distribution centers and outlets; recycling centers; and hazardous waste facilities. The Specific Plan considerably reduces the range of potential land uses on the project site by specifying four categories of permitted uses, all of which would be consistent with the underlying land use designation. These are automobile sales (new car dealerships), inventory parking, supporting services, and accessory uses. Supporting services include a range of land uses that would support the auto dealership uses in the Auto Park. These include automobile parts and accessories sales; collision repair; detailing and car washes; restaurants; other vehicle sales and service; and car rentals. Redevelopment Plan Consistency The expansion of the Auto Pork is an adopted redevelopment program in the 2000-2004 Five Year Implementation Plan for the Otay Valley Road Project Area. The program is intended to address the conditions of inadequate public improvements, public facilities, visual blight, and other conditions of blight including depreciated/stagnant property values, under-developed property, and the need for an enhanced physical environment. The Specific Plan and its implementation would be consistent with the adopted policies of the Redevelopment Plan for the project area. MITIGATED NEGATIVE DECLARATION: The Environmental Review Coordinator conducted an Initial Study in accordance with the Colifornia Environmental Quality Act. Based on the Initial Study, the Environmental Review Coordinator determined that the project could potentially result in significant impacts. However, revisions to the project made by or agreed to by the applicant would avoid or mitigate the impacts to a point where clearly no significant impacts would occur; therefore, the Environmental Review Coordinator has prepared a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-02-01 0). The 30-day public review and comment period, including the State Clearinghouse review period for State agencies, for the MND closed on November 14, 2003. Pursuant to CEQA, the decision making body of the lead agency is required to consider the proposed MND together with any comments received during the public review process. Although formal responses to written comments on a draft MND are not required, responsesjo the comment letters are attached to the MND. The RCC raised a concern that the cumulative traffic mitigation measure does not indicate a commitment for when the measure will be implemented. The mitigation measure states that prior to issuance of building permits, the applicant shall contribute to the Traffic Development Impact /5.-5 PAGE 6, ITEM NO.: IS MEETING DATE: 06/01/04 Fund (TDIF) toward the construction of a second westbound left-turn lane to be provided at the Main Street/I-80S southbound ramp intersection. StaH Response The need to provide a second westbound left turn lane underneath the 1-805 overpass was identified as a cumulative impact in the traffic report prepared for this project by LLG Traffic Consultants on November 12, 2001 and revised on April 22, 2002. Cumulative impacts pursuant to the California Environmental Quality Act (CEQA), are impacts created by overall development. Each subsequent individual project contributes to the identified cumulative impact through an additive effect. This project is being required by the mitigation measure to contribute its fair share of the overall identified cumulative impact. Each project's fair share is determined by the traffic it generates based on Average Daily Trips (ADTs). The development impact fee is the best mechanism for identifying the fair share distribution of the overall mitigation program. The adopted Chula Vista Development Impact Fee for Streets (TDIF) has two main purposes: (1) To fund the construction of facilities needed to reduce, or mitigate, potential impacts resulting from development within the specified area; and (2) To spread the costs associated with construction of the facilities equitably among the developing properties. These fees are governed by the regulations and requirements of Government Code Section 66000 et seq. of the State of California. The City's TDIF program is intended to implement the City's adopted goals and objectives. OWNER PARTICIPATION AGREEMENT: A Master Owner Participation Agreement (OPA) will be presented to the Redevelopment Agency in the near future to address the negotiable development considerations and performance requirements for the project. Many of these provisions are standard to Owner Participation Agreements in the Redevelopment Project Areas. Special provisions pertaining to this project include dates by which site improvements, dealership construction, and dealership operations will begin. The OPA benchmarks will ensure the timely delivery of economic benefits and quality development of the project. Based upon the Redevelopment Plan and associated rules and regulations, individual OPA's for subsequent development of parcels in the Project will be required. The Specific Plan provides streamlined processing of dealership applications; however, the OPA's will be brought to the Redevelopment Agency for consideration. FISCAL IMPACT If the project is approved and fully developed, the ultimate tax increment is expected to exceed $150,000 annually and the anticipated annual sales tax receipts to the general fund from this project are estimated at $1,200,000. The Specific Plan, valued at approximately $50,000, was completed with participation by Redevelopment Agency staff as stated in the 2000-2004 Five /6-~ PAGE 7, ITEM NO.: IS MEETING DATE: 06/01/04 Year Implementation Plan for the Otay Valley Road Project Area. The applicant reimbursed a portion of staff costs through a deposit occount for the Specific Plan and the environmental documentation. ATTACHMENTS A. Locator Map B. Aerial C. Application D. MND/MMRP/Comments/Responses E. Draft Planning Commission Resolution No. PCM-O2- 1 0 16-1 --.- -. _._-_._--~~-_._-- ATTACHMENT B AERIAL /5-'8 ';'-_..--~-..__...,.... ."" ._-_..~_.__..__.__.-._--_. -.<&.. -~"""""~M~ C" ~~'.;~~~\fr¿:._: . ~.o; C~~ VISTA DevelopméñfPrõ"ëesslng , . E ;:~;: ò:" Plamung &: Bwlding l)cpartmcnt Application Form - Type B ~ 276 Fourth Avenue ~'1~~ (619)691-5101 Page One iTrPE OF REVIEW REQUESTED (statfusecnly Case No.: f('fh -(P'-li!) :J Geneta PIon Þmenånenl 0 Zone Change FIng Date: 9. -5:..- ð I By: ., k- :J Genera Development Plan 0 TenlotiYe Sutx:MsIon AssIgned Po:1ner. ' 0 ÑI'1E!I"ICi1"I Map Recepr No.: ~p~ PIOn 0 ~ Ploect kd: 19JtI... rn-. - ~.;l. , 0 Arroenånenl Deposit Acct. Pro "7 g , :J R~ 0 Other. ReIc1edCoses: ~, "?-- ",10 0 Þmenc:ineol - . . 0 LA ~ PublIc ~ . ~ --] q:/ICa1I Nome J Phone No. I Fred Borst. Borst Falli} , Trusr&FASk LAnd (760 ) 648-7Q94 I p¡::IIca1 hXtess I p.O. Box 2008 El Cajon CA 92021 ¡ ÇØcars nteleSt n If appIcort Is not 0¥0T1er. owners o~ :] Own 0 lease 0 In Escrow 0 Opron 10 puchase Is ~ 10 process reque$!. See sIgnc1ue co Foge tv.o. "QneefJAgen1. Theodore Grisvold I Procorpio, Cor Phooe No. J' Bettinger/Holte Associates . ~ - 385-0500 ~ ~Agent ~ . 15090 Aye. of Sciences SD CA 92128/530 B Street Suite 210~ SD GA 92101 ;ENERAL PROJECT DESCR.tPTION Ofect Nc::rne s: f.e. Conmen:IcI or ResIder1IIO Chula Vista Auto Park II Commercial' Auto Park enerd Desalplion of Proposed Project ieo:se c.œ ~ A to ptOIide 0 fvI de:sctþtk:r1 aId}A1ttic:allon for I'Ie proJedJ See Attached OBJEcr PROPERTY INFORMATION (for aU typesf ~r Adc:iess 650 Main Street, ~outh side of Main Street, ~ .~~~r 0 6/'-040-11,62 32 acres (gross) IT, esearch&Ltd Industrial Limited Industrial Zon - BCant J 5-q - ! 'I. ~-. _. :,..~... -, ......--- '-" ., ..----.--------- ---..~-- p- ---"--""--"--=- . ~(~ CIn" OF CHUU VISTA Development Processing - . P12nnicg & BuiJding Deputment Application Form - T\ll'ìe B ~ 276 Fourth Avenue , ~- rtn~ (619)691-5101 Page Two ~. 1~~No~ ] ~NERAL DEVELOPMENT PLAN ~ ;eO DeveIo:rnenI P1on Nome ¡' Chula Vista Auto Park n~ I Pr~ Lond Uses Corrmerciol: -.U....l.- Acres IndusI1\ol: _Acres ParIi:s: _Acres Schools: _Acres I Cor1TrvVIy Purpose:- Acres CIæuIcrtion: _Acres . I Pl.t:6:JQuosf: _Acres OpenSpoce~Acres . , ~ Range -- I SngIe~Detoched~IO LWts_k::es SngIe Family Attached: 10 LWts Acres I [).¡pIexes: -to LWts Acres I Aportme11ls: _lo_LWts_Acres I Coodornình.r'm: 10 LWts Acres Totals: ==10- LH1s Acres I :,~ ~NDMENr I '" .... ""'!he GeneroI "':' """'" be =- ' - ~TION ( X"Ih;¡ ¡weo Ref. No. I IITATIVE SUBDMSION MAP { --:; ICVI~~ I nrn Ie! . I No 01 "'" I A_","D"'", . Iffi CHAN G E ~ 1ezcning 0 Prezonlng 0 SettxJck, I Proposed Zoning I '2J!,,"e J. Gri""ol: .~ AnvlI"t ~1 '001 pçj::cnt or Agent Nome . or Agent SIgnoture Dole d èorst 'WreName ~~.- I&:;"ID Dole A-rGoI MDrr 1) Responses to Comments All letters received during the public review of the Draft Mitigated Negative Declaration (MND) for the Auto Park East Specific Plan are reproduced in their entirety and are addressed in the following Responses to Conunents section. Numbered responses correspond to the numbered conunents at the point the comment occurs for purposes of continuity. The following is a list of letters of comments received during the public review period. Letter of Comment 1. Harlan R. Jeche, Unit Chief Southem California Cleanup Operations Branch - Glendale, California Department of Toxic Substances Control (DTSC), letter dated November 5, 2003 2. Mario H. Orso, Chief Development Review Branch, California Department of Transportation, (Caltrans), District 11, letter dated November 10, 2003 3. Dee Peralta, Planning and Facilities Supervisor, Chula Vista Elementary School District, letter dated October 20, 2003 4. Christine Craven, Engineering TecImician, Otay Water District, letter dated October 20, 2003 and Dianne Kilwein, P.E., Associate Civil Engineer, Otay Water District, letter dated October 29,2003 5. 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C:=0:2"'000.0::c: Q) O~o",~ ~Õ~¡;~c.~~>§ en gjE~"-'; ~"'ï.c.:;:E~:E°3 = .<::'" .E" ",".b.,o">f-"'= 0 ".,.9ãic: ",=«.a38"',,¿=~ ~ "i:..,"'iii c:0> -- c:~~- en ~::~~j!J "'ð~êæ~~~;,~ Q) c:., ,,"'- E- -" - ~ 0>:E~'" ~"'o.~"""o~;:c: 'fj~ê~E "3&~=gjtf.g~~$ "'~o_"- CJ" -""'",.,-:;c: ~""'",Qai ~ð.9.b"'õ'¡;'E",-a; ~"g ~]¡~]¡ æ ",'E~= c.ê5 8" E ;&~>::>"õ.= 8:;:; ~ .,-"!S.~-g '" ~.!!! "'.!!! '" ~ '" c: ,,£; "'..,"- '" -"""""",,;¡:o'õ'~"'-~"""o. ~~£;.<::c:.<::",:;;",.,¡¡¡o'Ëì':'~o 'ë",..,O.s2o""-,""'<D""""=ãi .E> ¡¡jõ 8.õ 1F2: ¡¡¡ ~...:~"E-g ~ ìD ~ $'.s2 ~ ~~ ~ ~'ë' ~ ~ ~ §: Õ ;¡; ~ f- 0 ïii 0", 0 f- ~ 0.- =: 0 o.a.a - "': <'! CD CD "': <'! CD CD ..... = Q) 6 6 0 u I 5 -;;to Mitigated Negative Declaration PROJECT NAME: Chula Vista Auto Park East Specific Plan PROJECT LOCATION: South of Main Street (formerly Otay Valley Road) ASSESSOR'S PARCEL NO.: 644-040-62,644-040-11 PROJECT APPLICANT: Mr. Fred Borst Borst Trust P.O. Box 2008 E1 Cajon, CA 92021 CASE NO: IS-02-010 DATE OF DRAFT DOCUMENT: October 10, 2003 DATE OF RESOURCE CONSERVATION COMMISSION MEETING: October 20, 2004 DATE OF FINAL DOCUMENT: April 21, 2004 A. Project Settinl! The proposed project site is located in the City of Chula Vista, approximately 6 miles south of the City of San Diego's downtown core and approximately 8 miles north of Tijuana, Mexico, and the international border (Figures 1 and 2). The site is part of the Otay Valley Redevelopment Area which was created in 1983 and covers 771 acres of primarily industrial/commercial property. The Auto Park Expansion project is located on 31.2 acres south of Main Street (formerly Otay Valley Road), east of Interstate 805. To the west is the existing Chula Vista Auto Park. The project site is bound to the north by Main Street, and to the south is the Otay River. East of the project site is open space. Other surrounding land uses consist of commercial/industrial and residential single- family development (Figure 3). B. Project Description The Chula Vista Auto Park is intended to be a regional commercial automobile sales and service center located within the Otay Valley Redevelopment Project Area. The existing Auto Park (phase 1) was constructed in 1991. An Environmental Impact Report (ErR) was prepared for the development of Phase 1 by P&D Technologies in Nov=ber 1991 (SCH No. 91061074). Phase 1 consists .",rviAPPIR...MNnI=.m m",,-,mn" ò~"Of'inl\ 1 15-~1 -"---"-- -.------- -........ --.........-........ '-1_----- Martne CDrps Base Camp Joseph H. Pendeltoo R !.ok. 0 ~ ~ ~ No Scale Regional Map ~P&D Environmental Services 15~d~ Figure 1 A Vicinity Map <4. Not to scale Iß P &D Environmental Services 15 -d. ~ Figure 2 of two parcels, what was once referred to as the Shinohara to the east (20 acres) and the Pacific Bell on the west (5 acres). In August of 1991, the City of Chula Vista issued a negative declaration (18-91-45) for the Shinohara Grading Project, which allowed for rough grading of20 of the 25 acres of the project site. The EIR addressed impacts associated with the subdivision and development of an auto dealership complex consisting of five auto dealership structures and associated uses, parking, and roads. The total floor area was proposed to be approximately 139,000 square feet (SF). The primary use of the site was to provide new car sales, with other uses proposed, such as the sale of recreational motor homes, boats, used/trade-in cars, parts departments, vehicle service facilities, vehicle storage facilities, body shops, a fueling station, and a car wash. Currently, Phase I consists of two auto dealerships, Fuller FordIHonda and People's Chevrolet. The Auto Park East Specific Plan is proposed for the expansion of the existing Auto Park. The rationale behind this Specific Plan is to ensure the orderly and viable development of the project site, and the implementation of policies of the General Plan and the Otay Valley Redevelopment Project Area. The comprehensive and coordinated development of the Auto Park expansion will facilitate new develDpment that will expand retail opportunities. and the employment base. The project consists of proposed subdivision and development of an Auto Center containing up to 200,000 SF of auto dealerships on approximately 31 acres. Accessory uses will include dealership service facilities and body shops, a fast- food facility, a gas station with convenience store, a car wash, fmancial assistance providers, auto parts stores, and a restaurant. The existing Auto Park is approximately 25 acres. The Chula Vista Auto Park East Expansion will increase the existing Chula Vista Auto Park by 128%, ftom 25 acres to a total of 56 acres. The expansion is estimated to include the construction of new car dealerships. A minimum of75% of the total site area will include auto dealerships. A maximum of 25% of the net site area (approximately 6.2 acres) will be used for supporting uses. These uses will be concentrated on the eastern portion of the project site and will include, in order of priority, a fast-food restaurant, a gas-mart/carwash, a fast-food or sit-down restaurant, a tire store, a bank/financial institution, an auto parts store, an alann/security/sound system retail outlet, an off-road vehicle store, and an All-Terrain Vehicle (ATV)rrrailer dealership. These supporting uses will complement and serve the entire Auto Park, and will diminish offsite traffic impacts by creating a comprehensive automotive center within the Auto Park. Each new car dealership will include a showroom, offices, service stations, and a parts department. The remainder of the dealership lots will be used for vehicle display and storage and landscaping. The relative area of each of these uses for each dealership will vary, based upon their business plan and overall site area. P/AlCV/APEJR"-MNDlow",o.mnd-.,,,ptod (1019103> 4 \ 5' -~4- CO") ~ ::s C) ü: ~ "' a.. 0 "5 <C ~ 5> "' ::; .<:: U ¡r¡ "E " en 8 ~ 15-;¡S The existing 3 I-acre single-parcel proj ect site will be divided to create 14 parcels, numbered 1 through 14, west to east (Figure 4 and Figure 5). The primary dealership locations will be Parcels 2 through. 8. The parcels may be developed individually as single dealerships or groupings of two or more parcels, depending on the anticipated volume needs of the dealership. Maximum building coverage of each dealership will follow the proportionate development guidelines in the Chula Vista Auto Park East Specific Plan. Each of the facilities will gain primary access from Auto Park Drive, a ftontage road south of Main Street, which will be extended easterly ftom Phase 1 of the Auto Park. The extended Auto Park Drive will include improved intersections at Roma Court and Maxwell Road and will terminate at the Maxwell Road intersection. An internal circulation road (Auto Park Drive) will allow onsite traffic flow along the south perimeter of the project. The project will gain access ftom Main Street to the west, using a right-turn-only entrance at the interface of the project site with the Chula Vista Auto Park phase 1. The internal circulation road (Auto Park Drive) will wind to the south portion of the project site for the length of the property, connecting with Main Street through midpoint connections with Roma Court and Auto Parkway, and terminating at Main Street at Maxwell Street. The Maxwell Street/Main Street and Roma Court/Main Street intersections will be fully signalized. On site, Roma Court will extend south to a T-intersection with Auto Park Drive. All dealerships and supporting uses in the project area will have access ftom Auto Park Drive, and those ftonting Roma Court will also have access ftom Roma Court. The project will include the import of 472,830 cubic yards of soil to create a level development area. The site was previously issued a stockpile permit which is no longer in use. Any soils to be imported to the site will be required to undergo evaluation to determine the existence of any hazardous materials or contamination prior to use. All of the imported soil will be placed above the 100-year floodplain as depicted in the most recent Federal Emergency Management Act (FEMA) maps. The project pad will include the construction of nine private storm drains, which will concentrate runoff through onsite cleaners and flow regulators, will eventually flow into the Otay River floodplain. One municipal storm drain pipe located at the western portion of the property will terminate at the southern edge of the development adjacent to the wetlands. Flows into this storm drain are ftom off-site municipal inftastructure, and the project site does not contribute to flows into this drain. Site reconnaissances of the storm drain will be conducted a few times a year to ensure that facilities are not damaged by vandalism or natural effects. Requirements for maintenance and any improvements to this access road shall be established by the City Public Works Department. An unpaved access road will be provided to this outlet to allow maintenance to the municipal storm drain. Additionally, Nolte Associates, Inc., the project engineers, have indicated a "keystone" masonry wall ranging ftom approximately 5 feet to 31 feet in height P/NCV/APEIRov.MND/ovauto_mnd-.mptod [1019/03) 7 I :5~ .;l~ has been proposed to traverse the southern portion of the site to reduce direct impacts to the adjacent riparian habitat. The finished building pad will average approximately 25 feet above the floor of the Otay River Valley. The wall will be a "keystone" wall designed to provide slope protection from the adjacent Otay River Valley. The design of the wall will allow plantings with noninvasive native plants compatible with the adjacent habitat within the Otay River Valley. The site will be landscaped along the ftontage consistent with Phase 1 of the Auto Park and the Auto Park East Specific Plan thematic landscape guidelines. Meandering turf and groundcovers, along with accent plants, will be used on Main Street and along Auto Park Drive. Dealerships will include localized trees and shrubs to soften the appearance of buildings. The project has been redesigned to minimize impacts to adjacent wetland habitat. Even still, the project will impact a small amount (0.46 acre) of jurisdictional wetland adjacent to the Otay River. This impact will necessitate a Section 404 (Nationwide) Clean Water Act permit fÌ'om the U.S. Army Corps of Engineers (USACOE) and a Section 401 Water Quality Certification ftom the California Regional Water Quality Control Board (RWQCB). A Streambed Alternation Agreement will be required pursuant to Section 1600 et seq. of the California Fish and Game Code. ' Discretionary Approvals The following permits or discretionary approvals are required for project implementation: . Specific Plan for the Chula Vista Auto Park East Expansion; . Design Review Committee Review; . Tentative Parcel Map for the subdivision of the existing single-parcel project site into fourteen parcels; . California Department ofFish and Game (CDFG) 1603 Agreement; . RWQCB 401 Certification; and . USACOE Section 404 Permit. Lead Agency ~, In conformance with Sections 15050 and 15367 of the California Environmental Quality Act Guidelines, the City of Chula Vista will be the "lead agency", which is defined as the "public agency which has the principal responsibility for carrying out or approving a project". PIAlCVIAJ'E/Rov-MNDI""",o_mnd-",,,,1ed (IOfOIO') 8 IS-d.' ë:.'~ . ~ ~ ~ "i a I; i¡ H ~ 5, ~~-"~: i;' :...~. 2.. ¡ 'Ii'!il -¡; ¡¡: .' -' . ,." 'í!,!!.I~ . " . - 'i" "... "I . - ~ !-~'~¡j¡!io;1 ¡ ¡ ~ I.JH, . "'-, . . c.. ;g"'t..".e¡, . ~. .=t¡hHao='t . 'j!ì Q) '-'ill;:l'"!!!!! ~ q : j H !: ~¡ I! .2: Ii ¡I:!!"";"" ,i¡i¡I¡lm ! iI' I i ~~ ~iï :§ k ." " ¡, " ~'!I¡ :¡¡ ," I Ii, " W : h: '! Ii' ¡,¡ " f- ~!I;I; I~ . ~I'.,. ~¡ ~¡J ~I ~iiiiiiii~i~i ~ ~ ~Î! . Ii æ~h ~h "'0 ~ ';' ¡ l ~j¡~¡ ~ ¡~! n ß ~ ~Iã .. i, ~ Q) ..' . '.. . , "' ! m.,~d. ,.,~ 5 JJS JNf7H:J1VW Q . 'WH "' 0 L.. ~c.. l/lf1(X) (;i¡':}/tj 111!¡l~ljljr.Lt!¿rl;; :@ ~lltllrqj""III" ~ 'f J ", . 0.. l.C",) "7 .CC Q) ~ -.....-~~:2 :; '" :i2 ~ .2> . LL ü '? '¡~I " 'l ~ 11- -I- + f': '~¡~) mmm L<~~:- 'õ1:~';D~ò I'"~ . '" - -. -, i'j " 'E ¡-- Jj !~"!5 3 ~ > > ¡¡ ï ,', - E1 -, , [ .! § ;' i ~ '§ i;;" ~ ! ~ , '/I"': n': "". """,:r ~ ,;;a,. 11.~ ' I", .. , '-WJ Responsible Agencies United States Army Corps of Engineers (Section 404 Nationwide Clean Water Act permit) California Regional Water Quality Control Board (Section 401 Water Qua1ity Certification) California Department ofFish and Game (Streambed Alteration Agreement) C. CompatibilitY with Zonine: and Plans The proposed project is located within an area designated as Research and Limited Industrial in the General Plan and zoned ILP - Limited Industrial Zone, Precise Plan Modifying District. The project is also within the Otay Va1ley Redevelopment Project Area. The proposed Auto Park East Specific Plan has been prepared in accordance with Chapter 19.07 of the City of Chula Vista Zoning Ordinance and Sections 65450- 65457 of the California Government Code. The proposed specific plan would supercede the site's existing zoning by establishing land use, design, and development standards for the site and defining the type and amount of development permitted. Where in conflict with the Zoning Ordinance, the specific plan will apply; where the specific plan does not address a topic, appropriate City regulations will apply. The Specific Plan would also be consistent with the City of Chula Vista Redevelopment Agency Project Area Improvement Plans for 2000 through 2004. This five-year implementation plan was adopted by the City in November 1999 and was determined to be consistent with the City's General Plan. Chula Vista's nO-acre Otay Valley Redevelopment Area, located in the southeastern corner of the City, is a gateway to Chula Vista ftom Otay Mesa and the Mexican commercial border crossing. Established in 1983, this project area's light industry and nearby cultural and recreational uses are bringing regional recognition to the OtayValley's unique advantages. The goal of the Redevelopment Area Plan for the Otay Valley Road is to "use the process of redevelopment to eliminate and mitigate the many aspects of existing visual, economic, physica1, social, and environmental blight within the Project Area." The Redevelopment Plan establishes objectives such as: . The development of property within a coordinated land use pattern of commercial, industrial, recreational, and public faci1ities in the Project Area consistent with the goals, policies, objectives, standards, guidelines, and requirements as set forth in the City's and County's adopted General Plan and Zoning Ordinance; P/NCV/APE/R".MNDI,...uto_mnd-.mp'" (10/9"3) 13 I 5" -"30 . The encouragement, promotion, and assistance in the development and expansion of local commerce and needed commercial and industrial facilities, increasing local employment prosperity, and improving the economic climate within the Project Area, and the various other isolated vacant and/or underdeveloped properties with the Project Area; and . The creation of a more cohesive and unified community by strengthening the physical, social, and economic ties between residential, commercial, industrial, and recreational land uses within the community and the Project Area. These objectives focus on the development of commercial/industrial uses within the project area. Therefore, implementation of the Specific Plan does not conflict with the City's efforts in redeveloping the Otay Valley Road project area. The proposed Otay Valley Regional Park (OVRP) is located to the south of the proposed project site. The City is a participating local agency in planning and implementation for the OVRP. This major planning project will result in a regional park consisting of approximately 8,700 acres. The OVRP will provide for biological open space, active and passive recre¡¡tion areas, trail corridors, staging areas, overlook areas and interpretive centers. The boundary of the OVRP open space is the same as the boundary of the County of San Diego Multiple Habitat Planning Area (MHPA) designated in the Multiple Species Conservation Plan (MSCP) Subarea Plans for the Cities of San Diego and Chula Vista and the County of San Diego South County Segment. A 5-foot-wide sidewalk area located along the southern portion of the keystone wall may be used in the future as part of the proposed OVRP trail system. The MSCP is a comprehensive, long-term habitat conservation plan which addresses the needs of multiple species and the preservation of natural vegetation communities in San Diego County. The Subarea Plan for the City of Chula Vista has been prepared pursuant to the general outline developed by the USFWS and the CDFG to meet the requirements of the California Natural Community Conservation Planning (NCCP) Act of 1991. The Subarea Plan is also consistent with the MSCP Subregional Plan and qualifies as a Subarea Plan document to implement the MSCP Subregional Preserve within the City. D. Identification of Environmental Effects An Initial Study conducted by the City of Chula Vista (including an attached Environmental Checklist Form) determined that the proposed project will potentially have a sigrùficant environmental effect on the following environmental resources: . Air Quality; . Biological Resources; . Hazards and Hazardous Materials; PINCVIAPEiR,v-MNDI"",uto_=d-""pæd (101'10') 14 15--3\ .._---~----- . Cultural Resources; . Geology/Soils; . Hydrology and Water Quality; . Noise; and . T ransporta ti on! C irculati on. Air Quality Based on an Air Quality Impact Analysis prepared by Giroux and Associates (2003), the proposed project will generate an incremental increase in short- and long-term emissions as development occurs. Air pollutants will be generated during both the construction and operation phases. Development of this site is consistent with the land use plan that currently exists and is, therefore, consistent with the goals and objectives of the current Regional Air Quality Strategy (RAQS) for San Diego and with the State hnplementation Plan (SIP). The SIP documents the necessary overall strategy and individual tactics by which the San Diego Air Basin can meet its attainment goal. Because of the absence of local thresholds, a similar set of criteria was used based upon the CEQA guidelines ftom the South Coast Air Quality Management District (SCAQMD). Because San Diego air quality is better than in Los Angeles, use of these guidelines is presumed to create an even greater margin of safety for pollution- sensitive receivers in the project vicinity. The SCAQNID's significance criteria were adopted for construction activities as follows: ROG - 2.75 tons/quarter NOx 6.75 tons/quarter CO - 24.75 tons/quarter SOx 6.75 tons/quarter PMIO - 6.75 tons/quarter <JperaûonalImpacß The project is consistent with the City's operational activity measures, since it proposes to provide employee services (restaurants) within walking distance and provides an employment base in proximity to residential uses. No "adverse air quality impacts are anticipated due to implementation of this project. The proposed project will impact air quality aImost exclusively through the vehicular traffic generated by site visitors and employees. Mobile source impacts occur basically on two scales of motion. Regionally, site-related travel will add to regional trip generation and increase the vehicle miles traveled (VMT) within the local airshed. Locally, project traffic will be added to the Chula Vista roadway system near the project site. If such traffic occurs during periods of poor atmospheric ventilation, is comprised of a large number of vehicles "cold-started" and operating at inefficient speeds, and is driving on roadways already crowded with nonproject traffic, there is a potential for the formation of microscale air PI AiCVI APE/Rov-MNDI,wulO_mnd-""p"d (1 01'10') 15 \5'-~~ pollution "hot spots" in the area immediately around points of congested traffic. With continued improvement in vehicular emissions at a rate faster than the rate of vehicle growth and/or congestion, air pollution "hot spot" potential is steadily decreasing. Standards for carbon monoxide (CO), the most typical indicator of any "hot spot" potential, have not been exceeded at any air basin monitoring station since 1990. A microscale air quality "hot spot" analysis was conducted at the Main Street! Oleander Avenue intersection at the closest point of potential traffic impact to air quality with occupied sensitive receptors (homes north of Main Street). A dispersion analysis was conducted using the Caltrans CALINE4 roadway emissions air pollution rnodel. The peak one-hour CO exposure to the nearest residents from Main Street traffic was less than 1.0 parts per million (ppm). The maximum background CO level in Chula Vista was 6.0 ppm in 2000. If.the worst background, plus the maximum local contribution were to occur at the same time, their combined exposure would be 7.0 ppm. The level is less than the California one-hour CO standard of 20 ppm. It is also less than the more stringent 8-hour state and/or federal CO standards of9 ppm. Future CO exposures are forecast to decline as continued emissions improvements offset any local traffic growth. There are no predicted existing or future CO "hot spots" in the project area. Secondary project-related atmospheric impacts derive ftom a number of other small, growth-connected emission sources such as temporary emissions of dusts and fumes during project construction; increased fossil-fuel combustion in power plants ftom project electricity requirements; evaporative emissions at gas stations or ftom paints, thinners, or solvents used in construction and maintenance; increased air travel ftom area visitors; dust ftom tire wear and resuspended roadway dust, etc. All these emission points are either temporary, or they are so small in comparison to project-related automotive sources that their impact is less than significant. Construction Impacts Clearing of the project site, excavating for utilities, the preparation of foundations and footings, and construction of any "hardscape" will create temporary emissions of dusts, fumes, equipment exhaust, and other air contaminants during the project construction period. In general, the most significant source of air pollution ftom project construction is typically the dust generated during clearing, excavation, and site preparation. .- Dust lofting rates ftom construction activities are usually assurned to average 1.2 tons of dust per month per acre disturbed. This rate is for total suspended particulates (TSP). TSP contains a limited fraction of particulate matter small enough (10 microns or less, called PMIO) to enter into human lung tissue. The above factor also does not consider the dust control efficiency ITom normal P/AJCv/APElRov-MNDImuto_mnd."",pt,d (10/9/03) 16 \5-3::' construction practice. Dust control through regular watering and other fugitive dust abatement measures required by the San Diego Air Pollution Control District (APCD) can reduce dust emission levels ITorn 50% to 75%. Dust emission rates, therefore, depend on the site development rate and the care with which dust abatement procedures are implemented. The proposed project site covers approximately 31 acres. Under standard grading practice, less than 10 acres of grading occurs during grading operations. As a worst-case assmnption, every square foot of the site was assumed to be under simultaneous grading disturbance. For a 3l-acre disturbance area, PMIO emissions are estimated to be approximately 850 pounds per day with the use of "standard" dust control measures. If grading were to occur in excess of 10 acres daily, this emission level would be well in excess of the 6.75-ton/quarter threshold if heaviest construction occurred for more than 15 days per quarter. Enhanced dust control measures can achieve 80% control efficiencies compared to the 50% attainable with watering alone as the only standard dust control measure. The Air Resources Board (ARB) assigns a PMlO emissions rate of 10.2 pounds per acre when additional dust control is practiced beyond once-daily watering. With adoption of enhanced dust control measures, assmning that the project is completed consistent with standard, grading operations (less than 10 acres of disturbance daily), maximum daily PMlO emissions can thus be maintained at 326 pounds per day. With the use of best available control measUres (BACMs) for dust control, temporary PMlO impacts ftom project construction would not be significant. Use of enhanced dust control is required to maintain a less-than-significant PMlO impact. The project will be conditioned by the City to implement mitigation measures listed in Section E of this MND as part of the Grading Permit. Construction activities are most noticeable in the immediate vicinity of the construction site. There is, however, sorne potential for "spillover" into the surrounding community. Spillage will be physical, such as dirt tracked onto public streets or dropped 1Ì'om trucks. Spillover will also be through congestion effects where detours, lane closures, or construction vehicle competition with nonproject peak-hour traffic slows traffic beyond the immediate construction site to less pollution-efficient travel speeds. Such offsite effects are controllable through good housekeeping. and proper construction management/scheduling. RecoTI1IIÌended management techniques to reduce potential spillover impacts include cleanup of spills on public streets, traffic management to minimize detours and conflicts with peak-hour baseline traffic, and encouraging construction personnel carpooling. Auto Maintenance Impacts Automobile maintenance entails vehicle idling during engine tune-ups and repair. Maintenance will require the use of solvents, paints, and other materials that are considered potentially hazardous. Occupational health and safety agencies limit P/AlCV/APEIRov.MNDImuto_mnd.",'P'oi (10I9/0J) 17 \:)Þ3+ the exposure for repair employees within the immediate vicinity of the emissions. Nearest homes are far from the dealerships, and prevailing daytime winds are west to east away ftom existing homes. Existing dealerships closer to Chula Vista residences have not been observed to create detectable fumes, dust, mists, or other nuisance emissions. Any localized effects will be completely masked by emissions from 150,000 vehicles per day on I-80S. No detectable air quality impacts are anticipated fÌ"Om vehicle maintenance, cooking odor, gas station evaporative emissions, or other project-related sources given both their substantial buffer distance to sensitive receptors and prevailing meteorology. Air Quality Planning Consistency The proposed project will meet a need for automotive sales, service, and support activities. The project would further consolidate trip-making to widely scattered resources into one limited area. The air basin is currently in attainment for the federal one-hour ozone standard (1999-2001). The RAQS/SIP predicts that the rate of basinwide vehicular growth will continue to be more than offset by vehicular exhaust emission reductions and other emission control programs. The project will not create "new" travel for vehicle sales and service that would not occur for the no-project alternative. Trip consolidation to a wider variety of dealerships and associated uses will slightly reduce regional travel. The proposed project is therefore consistent with the RAQS/SIP. Although the proposed project would generate the most significant source of air pQllution from project construction ftom dust generated during clearing, excavation, and site preparation, implementation of appropriate mitigation measures will reduce impacts to a level below significance. Additionally, the Specific Plan shall incorporate standards and guidelines for energy conservation as a means to maintain energy efficiency, further preserve natural resources, and reduce impacts associated with exposure to air pollutants. Use of energy conservation design that exceeds the minimum requirements by a reasonable target will thus encourage the conservation of natural resources. Biological Resources Direct Impacts The project site described in the Specific Plan is approximately 31 acres of previously disturbed or developed land within a larger property ownership of approximately 105 acres. The biological technical report focused on the impacts resulting from the proposed Specific Plan. - Helix Environmental Planning, Inc. prepared an analysis in September of 2002 based on project modifications to reduce wetland impacts. This modification to the project design reduced impacts to 30.48 acres within the project boundary and 0.12 acre offsite as indicated in the table below. Much of the project site has been previously graded; however, proposed project impacts include additional P/AlCV/APElRov-MNDImUlo_nmd."",ted (10/9/03) 18 1'5 Þ35 ._._~_._~.~~-- disturbance associated with grading and clearing of a small amount of wetland habitat along the northern extent of the Otay River Valley riparian corridor, including southern willow scrub, mule fat scrub, riparian scrub, and tamarisk (Figure 6). A Wetland Delineation was prepared by Helix Environmental Planning, Inc. (September 2002) in order to address impacts to wetland resources. Impacts to jurisdictional areas are indicated in the table below. As a result of the redesign, which would minimize impacts to wetland habitat, impacts were reduced from 1.34 acres to approximately 0.46 acre. However, impacts to these sensitive wetland habitats would still be considered significant. Project effects on federal Army Corps of Engineers (ACOE) jurisdictional areas within the subject property consist of approximately 0.46 acre of wetland. Impacts to state California Department of Fish and Game (CDFG) jurisdictional areas total 5.86 acres. Project Im ~acts to Biolol!ical Resources Vegetation! Existing* Imnacts Remaining* Habitat Type Onsite Offsite Southern Willow Scrub 4.84 0.06 -- 4.78 Freshwater Marsh 2.57 -- -- 2.57 Mule Fat Scrub 5.43 -- -- 5.43 Riparian Scrub 12.60 0.24 -- 12.36 Disturbed Riparian Scrub 1.13 -- -- 1.13 Tamarisk Scrub 44.97 5.3 -- 39.67 Disturbed Tamarisk Scrub 0.40 -- -- 0.40 Disturbed Wetland 1.11 -- -- 1.11 Open Water/Streambed 0.05 -- -- 0.05 Diegan Coastal Sage Scrub (Disturbed) . 0.55 -- -- 0.55 Poison Oak Chaparral 1.18 -- -- 1.18 Disturbed Upland Habitat 28.82 23.58 0.12 5.24 Developed 1.52 1.30 -- 0.22 Total 105.17 30.48 0.12 74.69 * Acreage includes area outside of the Specific Plan that will be retained in open space. Source: Biological Technical Report prepared by Helix Environmental Planning, Inc. (September 6, 2002) PIÞJCVIAPElRov-MND/mu"_mnd""'p~d <'019103) 19 $-3~ ProlJosed Pro;ect E rfects on Jurisdictional A reas * Army Corps of California Resource Department of Engineers Fish And Game** Riparian Scrub 0.18 0.50 Southern Willow Scrub 0.02 0.06 Tamarisk Scrub 0.26 5.30 Total Acres 0.46 5.86 *Values are given in acres. **CDFG impacts may overlap ACOE areas. Source: Jurisdictional Delineation for the Borst Property prepared by Helix Environmental Planning, Inc. (September 6, 2002) Multiple Species Conservation Program The project will not impact Multiple Species Conservation Program (MSCP) covered, or "narrow endemic" species. Because no narrow endemic plant species have been observed within the proposed impact area, and based on the highly disturbed nature of the proposed project area and biological surveys, MSCP narrow endemic species would not be expected to be affected by the project grading. No impacts to narrow endemics would occur. The above tables summarize the impacts to the biological resources and jurisdictional areas identified on the project site. hnpacts to sensitive biological resources are considered significant; therefore, mitigation will be required prior to approval. In accordance with the MSCP, the Wetlands Protection Program must be implemented due to impacts to riparian habitat. As indicated in Section 5.2.4 of the MSCP, development projects :which contain wetlands will be required to demonstrate that impacts to wetlands have been avoided to the greatest extent practicable. Although modifications have been made to the project design in order to further reduce impacts, unavoidable irnpacts still remain. Therefore, mitigation measures must be implemented in accordance with standard mitigation ratios established in the MSCP (Table 5-6, Wetlands Mitigation Ratios) and coordination must be made with the Wildlife Agencies. A California Regional Water Quality Control Board Section 401 Certification would also need to be obtained before any impacts to ACOE jurisdictional areas (requiring a Section 404 permit) occur. Impacts to CDFG jurisdictional areas would require a Streambed/Lake Alternation Agreement peIDÚt and are regulated under Fish and Game Code Section 1603. The proposed project will not interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors or impede the use of native wildlife nursery sites. No corridors will be adversely affected by the project. P/NCV/APElRov-MND/""u!o_=d-"',pt<d (la"/a,) 20 ¡S-3ì i 'I c', .ä~ . HI i J g ~ .. in nit ~ . ~ iF t<~ !!~! 2 Cñ "I q ~iq oi' Q) '~"'~8.~ ,," (.) ~il~"!d¡t :pi ~ ~ffH~itPI ~ 1.:1 .:!,pL,> '" 0:::: ]*~:; ]~~H :@o .. ~ :;:J u .. . -æ "~~.:jd.~d:da:j c: ¡Q;I<~:2~;~~~~::¡:! Q) .N~..-".."".¡¡.. U) -c c: " co c: __,I ; .2 .--..-t'--"-!.i--- ~ êti 1 i'.----'---' ã5 - " 0) " ~ ~ ~ ~ ~ " c ë .~ , .;¡ ~ <:> " o<J -~ -~ The proposed project will not conflict with any local policies or ordinances protecting biological resources. The site is within the City Component of the City of Chula Vista's Draft MSCP Subarea Plan (Chula Vista 2000), and a portion of the development area is designated as a 75 to 100% conservation area as shown in Figure 7. In addition, the site lies immediately to the north of the planned Otay Valley Regional Park that stretches from Interstate 5 to the Otay Lakes along the Otay River. According to the City's Draft Multiple Species Conservation Plan (MSCP) map (Figure 2 of the MSCP), the site is situated within a 75 to 100% Conservation Area-Habitat Preserve. Approximately 91 acres of the property are located within this Conservation Area (Figure 7). As defined by this plan, '75-100% Conservation Areas consist primarily of smaller private landholdings located within the planned Preserve. Development will be restricted to no more than 25% of these areas, thus assuring a minimum conservation level of 75% of these Preserve lands. Therefore, the project could impact up to 22.75 acres within the 75 to 100% Conservation Area. The proposed project will develop approximately 14 acres outside of the MSCP Preserve with an additional 17 acres within the area designated as 75 to 100% Conservation Area. As described above, development would occur on primarily disturbed habitat (23.58 acres onsite, 0.12 acre off site), developed land (1.3 acres), and tamarisk scrub (5.3 acres). The remaining development footprint would result in direct impacts to southern willow scrub (0.06 acre), and riparian scrub (0.5 acre). Approximately 74 of the existing 91 acres (81%) within the Conservation Area and roughly 90% of the mapped wetlands will be preserved. Consequently, the proposed project exceeds the Draft MSCP minimum preservation requirement of 75% for this portion of the site. Therefore, the proposed project will not result in adverse irnpacts to resources within the conservation area. Indirect Impacts Noise The project is expected to generate a substantial amount of noise, particularly during the construction phase, as large earth-moving equipment typically generates noise ranging ftom 75 to 90 decibels (dB) at 50 feet ftom the source (Giroux & Associates 2002). The noise level typically considered to be sensitive by the USFWS and CDFG for least Bell's vù:eo (LBV) is 60 dB. Excessive noise could easily harass nearby sensitive wildlife, such as LBV, to the extent that important foraging, breeding, dispersal, or other necessary life history behaviors are inhibited or otherwise fundamentally disrupted. Due to the confirmed presence of LBV on-site, and the proximity of the development to occupied and/or potential habitat, indirect impacts related to construction/project-use noise could be considered adverse and significant. The project will implement PI AJCVI APElRov-MND/mWO_=d.""Pt,d (IOJ'/03) 23 IS~3~ t- ~ ~ 0) u.. u ro (j') ~ "<:t I"- ro ~ « c: 0 :.¡J ro > L- a) C/) c: 0 0 cf?. 0 0 ...- I L() l"- e... .2 0 ill (f) g ~ 'õ' 0') à: c: iií c: ro o- w ro -'" E æ a) ~ 0:: "'5 « 1~-t.J.D mitigation measures listed in Section E to reduce impacts to below a level of significance. Noise measurements taken at the habitat fringe closest to Parcel 2 of the proposed project found peak one-hour noise levels at 56 decibels adjusted for average conditions and at an equivalent noise level [dB (A) L..¡L (Giroux and Associates 2003). This level is below the 60-dB(A) L"q standard applicable to vireo and other avian species. Therefore, no significant adverse impacts to biological resources will result ftom operational noise. Human Encroachment Although development within the project site will be less than 100 feet at some locations ftom the adjacent wetlands and the site is at an elevation of approximately 25 feet above the wetlands, there may be a potential for human encroachment. Additionally, the project may harass native wildlife (particularly sensitive avifauna) visually. Such encroachment may lead to the eviction of native wildlife and could inhibit or disrupt the breeding of sensitive bird species in the adjacent wetlands, such as LBV. Consequently, these impacts, if they were to occur, would be adverse and significant, therefore, implementation of mitigation measures listed in Section E will be required to reduce impacts below a level of significance. Lighting The project would result in a substantial increase in ambient (artificial) lighting in areas proximal to the wetlands. The incidental illumination of native habitats (particularly at night) may harass native wildlife and sensitive bird species, such as least Bell's vireo, to the extent that breeding, dispersal, or other necessary life history behaviors are inhibited or otherwise fundamentally disrupted. In addition, such artificial lighting may benefit predaceous or otherwise deleterious pets/pest! opportunistic species (e.g., cats, opossum, skunk, raccoon, etc.) by making native wildlife more detectable/visible. Based on the proximity of the project to the wetlands and the sensitivity of the species that may potentially be affected by nighttime lighting (e.g., LBV), impacts would be adverse and significant . therefore, implementation of mitigation measures listed in Section E will be required to reduce impacts below a level of significance. Lighting will be oriented and shielded to reduce light intrusion into the riparian habitat. Night lighting will also be reduced to the minimal required for site security. Invasive Species Plants. The project would encroach upon and closely border wetland habitats associated with the Otay River. As such, project landscaping that used plant material known to invade wetlands (e.g., California Brazilian pepper, eucalyptus, etc.) could result in significant adverse impacts to surrounding wetland habitats. PIAfCVIAPEJR"-MNDI,,,""'_=d-.mp"d (1019IOJ) 25 \5~~1 Animals. The project would also include a gas station with a convenience store, a fast-food facility, and a restaurant. These facilities are anticipated to generate large amounts of trash and food refuse that are likely to attract a suite of terrestrial and avian predators/scavengers, including household pets (cats/dogs) and urban pest species (e.g., opossum, raccoon, skunk, Norway rats, crows, ravens, gulls, starlings, etc.). These species may initially be attracted to the smell and presence of site refuse; however, once onsite, they may wander into the adjacent wetlands and prey upon or generally harass native wildlife, including sensitive species such as LBV. Based on the proximity of the wetland habitats to the proposed development and the sensitivity of the species that may be affected (i.e., LBV), impacts related to the attraction of pest/scavenger species would be adverse and significant. Implementation of mitigation measures listed in Section E will be required to reduce impacts to below a level of significance. Urban Runofl7Water Quality Impacts The project wiJl result in a substantial increase in impervious surfaces onsite; this would be expected to result in concomitant increases in. storm water runoff volumes and velocities. These changes to site drainage may then increase the potential for erosion and sedimentation of the Otay River floodway and downstream wetlands. In addition, because of the nature of the proposed development, there is a high likelihood that this runoff will carry a variety of nonpoint-source pollutants (particularly petrochemicals) into the Otay River and thus contribute to the degradation of water quality onsite and off site. Because of the type of development proposed (e.g., primarily automobile sales/servicing), the proximity of the project footprint to wetland habitats and the Otay River, and the potential for upsetting water quality onsite/offsite, impacts resulting ftom urban runoff and nonpoint-source pollutants would be adverse and significant. Implementation of mitigation measures listed in Section E will be required to reduce impacts to below a level of significance. Cultural Resources Archaeology Based on a review of the cultural resource investigation conducted within the project vicinity (Brian Smith & Associates, 1987 and 1991), there are known cultural resources in the project vicinity. These studies have indicated that Natiw:: Americans used the Otay Valley 2,000 to 6,000 years ago. The lack of projectile points or other hunting tools suggests that the subsistence pattern of the occupants of the valley was focused upon foraging. It,is likely that they have utilized the site in the past; however, based upon the current level of disturbance of the site, which has been filled with imported materials and has been subject to past disturbance from flooding, it is unlikely that naturally deposited cultural resources can readily be identified. Additionally, there is no evidence of any human remains, including those interred outside of formal cemeteries. PliVCVIAPElRov-MNDI""ulo_mnd"",p"d (1019/03) 26 I S.'+~ A site visit conducted by City Staff in 2001 has noted that the imported fill contains cultural resource materials (chione and pectin), thereby biasing any formal field reconnaissance that would be conducted at this time. Although the current plan proposes fill, there is a potential for excavation associated with remedial grading or site preparation for utilities. Therefore, based upon the potential presence of cultural resources, the impacts are identified as potentially significant and require mitigation. Paleontology In review of the EIR prepared for the existing Chula Vista Auto Park (approved November 1991), the project site is underlain by a sequence of marine and nonmarine sedimentary rock formations that range in age ftom approximately 2 million years old to 45 million years old. A geotechnical investigation for the site was conducted by Geotechnics Incorporated (1995) and det=ined that the site was underlain by the Otay Formation at a depth of approximately 10 feet ftom the surface. No unique geologic features were identified on the site. Therefore, the implementation of the project will not directly or indirectly destroy unique geologic features. The site has not undergone a paleontological investigation; however, the EIR for the existing Auto Park identified the potential paleontological impacts for the Auto Park site and adjacent properties. The previous Auto Park site was noted as having a moderate resource potential. Furth=ore, in a record search of the San Diego Natural History Museum fossil collection, the fossil remains of various mammals have been collected ftom Oligocene-age sandstones of the Otay Formation exposed in eastern Chula Vista. Although the plan currently proposes fill, there is a potential for excavation associated with remedial grading or site preparation for utilities. Therefore, in the event that there is an excavation, if the excavation reaches a depth exposing the Otay Formation, exposure of paleontological resources is considered likely. Because the geological formation that underlies the project has a moderate probability of containing paleontological resources, mitigation must be incorporated to reduce the level of impact to a level below significance. Geology/Soils The geology and subsurface conditions were evaluated, and a report was prepared by Geotechnics Incorporated (Geotechnics) for the project site. Geotechnics reviewed available documents pertinent to::the site, conducted a surface reconnaissance, and provided the results ftom the excavation of 10 test pits. The following summarizes the existing conditions of the project area and assessed potential impacts. P/AJCV/APEIR'v.MND/,~uto_mnd..mpl'" (10I9/0J) 27 15-t.f~ Soil and Geologic Conditions Geotechnics indicated that the area to be graded on the project site is underlain by terrace deposits, with a surficial topsoil horizon. In addition, imported soil stockpiles were present in several areas of the site. The units and groundwater conditions are detailed below. Terrace Deposit A Quaternary terrace deposit underlies the entire area of the project site. This unit typically consists of dark brown sandy clay, grading with depth to a medium brown silty fine sand with slight clay and gravel. These soils are typically damp, and range ftom firm to very stifJ7medium dense with depth. Terrace deposits were encountered to the maximum explored depth of 11 feet. The upper 2 to 4 feet of the terrace deposit have been disturbed by agricultural uses, are potentially compressible, and are not considered suitable for the support of compacted fill or structural loads. Below 2 to 4 feet, the terrace deposit increases in density and is considered suitable for the support of compacted fill and structural loads. The clayey terrace deposit materials are expected to possess a high potential for expansion. Alluvium Alluvium is present in the Otay River Valley floor. This unit is not expected to be encountered during the proposed grading. Topsoil Parts of the site are mantled by 1 to 4 feet of dark brown topsoil which grades into the underlying terrace deposit. The topsoil consists of sandy clay, and is generally 1 to 4 feet thick. This unit was observed to be dry and soft to firm. Topsoil is potentially compressible and is not considered suitable for the support of compacted fill or structural loads. The topsoil is considered suitable for use as compacted fill, once deleterious amounts of organic material or debris have been removed. This material is expected to have a high potential for expansion. Undocumented Fill The undocumented fill is associated with the stockpiling of imported materials. Stockpiled fill soils were observed in several areas during the field exploration. The imported fill stockpiles were observed to consist of a variety of materials, ranging ftom silty [me sand with gravel, to sandy clay with cobbles. The fill stockpiles observed on site ranged ftom approximately 2 to 8 feet in depth. Stockpiled fill soils have not been compacted, and are not considered suitable for the support of compacted fill or structural loads. The stockpiled soils observed on site are expected to possess expansion potentials ranging ftom very low to high. I P/AJCV/APElRov-MND/owu"_mnd..mpted (10/9/03) 28 15-'++ I~ _Ilt:. -------------------- Groundwater The area of proposed development is located on a terrace adjacent to the Otay River, at elevations approximately 10 to 25 feet above the riverbed. Groundwater was not encountered in the exploratory test pits. Changes in rainfall, irrigation, or site drainage could produce seepage or locally perched groundwater conditions within the soil underlying the site, according to the Geotechnics report. Geotechnics concluded that the presence of compressible surficial soil to a depth of 2 to 4 feet over the entire site, as well as compressible fill stockpiles up to 8 feet deep, were conditions which have the greatest effect on the proposed development. Compressible surficial and stockpiled soil shall be removed and recompacted prior to placing fill or structural loads. The site is underlain at depth by relatively dense terrace deposit soils which provide support for conventional shallow foundations or the relatively shallow depths of proposed compacted fill. Geologic Hazards The site is not delineated on the Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area. There are no known active or potentially active faults at the site or in the immediate vicinity. The Rose Canyon fault, located approximately 6 miles northwest of the site, is the closest known active fault. There is no evidence that geologic formations have been offset within the past 11,000 years, and faulting is not considered to be a hazard to development, provided development is in conformance with requirements of the governing jurisdiction, building codes, and standard practices of the Association of Structural Engineers of California. Although no known active faults were identified through or within the vicinity of the project site, there still exists the potential for ground shaking to occur in the event of an earthquake. Impacts associated with ground shaking are considered significant. Therefore, by designing structures to comply with the requirements of the governing jurisdictions, building codes, and standard practices of the Association of Structural Engineers of California, potentially significant ground shaking impacts will be reduced to below a significant level. The property has been graded and stockpiling has occurred onsite. Due to the nature of the existing topsoil and terrace deposits and the lack of a shallow groundwater table, liquefaction could occur. Liquefaction is a phenomenon where loose saturated and relatively cohesionless soil deposits lose shear strength during strong ground motions. Primary factors controlling the development of liquefaction include intensity and duration of ground accelerations, gradation characteristics of the subsurface soils, in situ stress conditions, and depth to groundwater. The property site is on a flat, previously cleared area that is not susceptible to landslides. There are no steep slopes on site, and prior to development, the site PIAlCYIAPElRov-MNDlmulo_mnd-""I'lod (1019103) 29 \s.Lf~ will be graded and leveled. Therefore, the potential for landslides to occur after development is not significant. However, development of the site may result in substantial soil erosion or the loss of topsoil. The project site has been previously cleared and the City requires, as standard conditions of construction, the employment of erosion control measures during construction and the prompt stabilization of disturbed areas before construction is completed. The project would expose people or structures to substantial adverse effects resulting ftom substantial soil erosion, potential groundshaking, and liquefaction; however, based on the findings of the geotechnical report, no unmitigable impacts were identified. Hazards/Hazardous Materials The proposed project is the adoption and implementation of the Chula Vista Auto Park East Specific Plan, which will allow the construction of new car dealerships, including a showroom, office, service station for the car dealerships, and parts department. The Specific Plan will also include one of each of the following: fast-food facility, gas station with convenience store, car wash, and restaurant. Any use that might involve the routine transport, use, or disposal of hazardous materials will be subject to local and state regulations regarding such uses. Businesses that handle, use, or dispose of hazardous substances are subject to review and approval ftom the County of San Diego Health Department, Hazardous Materials Management Division, Air Pollution Control District, and/or Regional Water Quality Control Board (RWQCB) [National Pollutant Discharge Elimination System (NPDES) General Industrial Permit] prior to operation. The site is not located within 0.25 mile of an existing or proposed school; therefore, the project will not create hazardous emissions or cause handling of hazardous or acutely hazardous materials, substances, or waste within proximity to an existing or proposed school. Brown Field Airport is a public use airport located approximately 8 miles southeast of the project site. There is no designated airport land use plan for this area, nor is the site located within 2 miles of any other public airport or private airstrip. LD. Romine and Associates (LDR) performed a Phase 1 environmental site assessment for the proposed project site and identified the proposed project to be located on a site that is included on a list compiled pursuant to Govenunent Code Section 65962.5. The assessment revealed Recognized Environmental Conditions (RECs) in connection with the project, as follows: . LDR reviewed a report prepared by IT Corporation for Otay Mesa Ventures I, LLC entitled WORK PLAN FOR ADDITIONAL SITE ASSESSMENT, FORMER OMAR RENDERING SITE (Work Plan). This report indicated that groundwater at the site had been impacted ftom PI A}evi APEiRov.MNDI,,",uto - omd-om,"d (I 01')103) 30 ¡sÞ41 leaking settlement ponds previously located on the Omar Rendering facility property located north and up-gradient ftom the site. This work plan continues the work begun by Darling International to obtain a contaimnent zone (CZ) designation for the impacted groundwater at the Omar Rendering site, Otay Valley Industrial Park, and the site. While the site groundwater has been impacted, no further action on the part of the property owners is recommended, as the responsible party has been identified and they are working with the RWQCB to mitigate these impacts. . The site is covered with imported fill, except for the south side of the site, which will be filled north of the Otay River (outside of the floodplain). The fill contractor has placed approximately 200,000 cubic yards of fill at the site during the last four years. All imported soils were visually screened for petroleum hydrocarbons and debris. However, as of the date of this report, LDR has received no laboratory test data for these imported soils. Random sampling and testing for hazardous materials of the existing fill shall be conducted. This sampling and testing event will occur subsequent to grading operations. . Subsequent to past and current fill activities conducted at the site, it appears unlikely that residual concentrations of organoclùorine pesticides would be detectable in current near-surface soils at the site. Businesses that use, store, or transport hazardous materials must receive permits prior to occupancy. Depending on the use, this will include approval from the Fire Department - Hazardous Materials Management Division, County of San Diego Health Department - Hazardous Materials Management Division for Plan Review, and/or San Diego County Air Pollution Control District. Each of these approvals require that the permittee adheres to standards established for safe handling, storage, and. transport. Therefore, with the adherence to these measures, no significant impacts would occur. The project will not physically interfere with an adopted emergency response plan or emergency evacuation plan established by the City. Furthermore, the site is surrounded by existing or approved future development. There are no wildlands adjacent to urbanized areas of residents intermixed with wildlands; therefore, implementation of the project will not expose people or structures to a significant risk ofloss, injury, or death involving wildland fires or other natural disasters. Hydrology and Water Quality Water Quality Runoff flowing ftom impervious surfaces typically contains pollutants, such as oils, fuel residues, and heavy metals, which would diminish water quality in downstream water. Runoff from proposed development of the site will be PINCV/APEIRov.MNDImuto_mnd-.",p"d (to/'/O') 31 15~4g controlled and subject to NPDES permitting. Site-specific measures must be implemented to reduce impacts to below a level of significance. Project compliance with all federal, state, and local water quality standards and waste discharge requirements must be demonstrated prior to receiving building and occupancy permits. According to the NPDES Municipal Permit, Order No. 2001-01, automotive dealerships are considered priority development projects, and are subject to the requirements of the Standard Urban Storm Water Mitigation Plans (SUSMPs) and Numeric Sizing Criteria. The City requires, as standard conditions of construction, the employment of erosion control measures during construction and the prompt stabilization of disturbed areas before construction is completed. This will reduce potential erosion impacts to below a significant level. For the management of storm water, municipalities in the San Diego region, ~c1uding the City of Chula Vista, must comply with the RWQCB's NPDES Permit No. CA 0108758. The NPDES permit consists of wastewater discharge requirements for storm water and urban runoff. Specifically, the applicant is required to implement postconstruction Best Management Practices (BMPs) to prevent pollution of storm draiDage systems ftom the gas station, car wash, restaurants, parking lots, and trash collection areas. In compliance with Permit No. CAS 0108758, a BMP program for storm water pollution control shall be created. The project must comply with existing NPDES permit requirements. Such compliance would reduce impacts to a less than significant level. The development of this site will not substantially degrade water quality. Impacts associated with development are, therefore, less than significant. The project pad will include the construction of nine private storm drains, which will concentrate runoff through onsite cleaners and flow regulators, will eventually flow into the Otay River floodplain (Figures 4 and 5). One municipal storm drain pipe located at the western portion of the property will terminate at the southern edge of the development adjacent to the wetlands. Flows into this storm drain are from off-site municipal infrastructure, and the project site does not contribute to flows into this drain. Site reconnaissance of the storm drain will be conducted a few times a year to ensure that facilities are not damaged by vandalism or natural effects. RequiremeIlts for maintenance and any improvements to this access road shall be established by the City Public Works Operations Department. An unpaved access road will be provided to this outlet to allow maintenance to the municipal storm drain. PI NCVI A1'ElRov-MND/muto_mnd.""PIod (10/9/03) 32 Is-Lf1 Hydrology The proposed project will potentially have adverse effects on drainage patterns or the rate and amount of runoff. The project site consists of approximately 31 acres, of which approximately 30 acres have been disturbed or developed. The construction of the project would result in the creation of imp~rvious surfaces, resulting in an increase in volumes of the runoff. Prior to project approval, a drainage study must be prepared to detain and direct the site's runoff in accordance with City specifications. Additionally, the project must ensure that no runoff will impact the quality of the adjacent Otay River or surrounding land uses. The following will be required with the first submittal of the improvement! grading plans: (1) a hydraulic study to show that the postdevelopment flow rate does not exceed the predevelopment flow rate and (2) incorporation of drainage facilities into the design. The mass grading associated with development will follow existing drainage patterns north to south, with the surface runoff flowing to desiltation basins. Desiltation basins will be incorporated as temporary basins until ultimate buildout of the site. Drainage areas will be established such that each future lot will be a separate basin or subbasin, spaced at intervals to avoid large' concentrations of runoff discharge at the toe of slope. Other Issues The proposed project will not use groundwater or substantially interfere with groundwater recharge. Water for the project would be provided by the Otay Water District. Although portions of the site are located within a 100-year floodplain area, the proposed project does not include housing; therefore, no impacts to residential development will occur. Because the proposed development is at an elevation of approximately 25 feet above the Otay River Valley, no structures will be exposed to severe flood events. The proposed project is not located downstream ftom a dam and does not propose construction of a levee or dam; therefore, the project will not expose people or structures to a significant risk ofloss, injury, or death. The distance between the subject site and the coast precludes damage due to seismically induced waves (tsunamís) or seiches. Although the project site is located adjacent to the Otay River, the portion of the site to be developed is above the river and the lack oflakes and large bodi;.s of water in the project area reduces the probability for earthquake-induced flooding to negligible. Therefore, the project will not experience inundation by seiche, tsunami, or mudflow. Noise Based on a Noise Impact Analysis prepared by Giroux & Associates (2003), the following impacts were determined: PI AJCVIAPEIR".MND/"".,o_"",d-.mp"d (1019103) 33 15-50 . Construction activities, especially heavy equipment, will create short-term noise increases near the project site. . Upon completion, vehicular traffic on streets around the development area will expose Chul<! Vista residents to higher noise levels than currently experienced. Off site traffic noise impacts will be masked by an already elevated baseline, such that off site impacts will tend to be more cumulative in nature. . Onsite activities will be locally "noisy", but these activities are typically perceived to be less intrusive than vehicular sources, because they are confined to the project site with limited noise sensitivity. . Construction Noise Impacts Temporary construction noise impacts will vary markedly as a function of the equipment used and its activity level. Short-term construction noise impacts tend to occur in discrete phases dominated initially by large earth-moving sources, then by foundation and parking lot construction, and finally for finish construction. Large earth-moving sources are the noisiest, with equipment noise typically ranging ftom 7$ to 90 dB(A) at 50 feet ftom the source. Point sources of noise ernissions are atmospherically attenuated by a factor of 6 dB per doubling of distance. The quieter noise sources will, thus, drop to a 65-dB exterior/45-dB interior noise level by about 200 feet ftom the source, while the loudest will require over 1,000 feet from the source to reduce the >90-dB(A) source strength to a generally acceptable 65-dB(A) exterior exposure level. The proximity of adjacent Main Street, with its associated background noise, will somewhat screen temporary construction activity impacts such that the actual noise impact "envelope" will be smaller than its theoretical maximum. Construction noise sources are not strictly relatable to a community noise standard, because they occur only during selected times, and the source strength varies shaIply with time. The penalty associated with noise disturbance during quiet hours and the nuisance factor accompanying such disturbance usually leads to time limits on construction activities imposed as conditions on construction and use permits. Weekday hours during periods ofleast noise sensitivity are typically the allowed times for construction activities, if there are occupied dwellings within a reasonable exposure zone surrounding the construction site. The City of Chula Vista establishes limits on construction hours, with no construction taking place "between the hours of 7:00 PM and 7:00AM on weekdays". Construction activities will constitute a temporary noise emission adding to existing roadway noise sources in the project vicinity. Because the impact is temporary and masked to some extent by existing areawide noise generation, it is not significant. Materials handling and small stationary noise sources have lower initial noise levels, and their corresponding noise impact zones during later phases of construction are, therefore, much smaller. Pieces of equipment are also often P/NCV/APElRov-MND/,wuto_mnd-"",,~d ('M/O') 34 15.5/ smaller (compressors, generators, etc.), such that they lend themselves to placement in areas where existing structures or larger pieces of equipment will screen a portion of the noise transmission. Biological Resources Construction noise could adversely impact noise-sensitive bird species, i.e., least Bell's vireos (LBVs) found within the riparian habitat south of the project site, during their nestinglbreeding seasons. The noise level typically considered as a threshold for songbirds by the USFWS is 60 dB L.q. However, excessive noise could easily harass nearby sensitive wildlife, such as LBV, to the extent that important foraging, breeding, dispersal, or other necessary life history behaviors are inhibited or otherwise fundamentally disrupted. Due to the confirmed presence ofLBV onsite, and the proximity of the development to occupied and/or potential habitat, indirect impacts related to construction/project-use noise could be considered adverse and significant. The project will implement mitigation measures listed in Section E to reduce impacts to below a level of significance. Noise modeling associated with future operations was conducted at the habitat fiinge closest to Parcel 2 of the proposed project and found peak one-hour noise levels at 56 dB(A) L.q (Giroux and Associates 2003). This level is below the 60-dB(A) L.q standard applicable to vireos and other avian species. Therefore, no significant adverse impacts will result ftom operational noise. Vehicular Noise Impacts Changes in vehicular noise patterns were calculated using the FHW A Highway Traffic Noise Model (FHWA-RD-77-108, CALVENO-85 modified). The model calculates the L.q noise level for a particular reference set of input conditions, and then makes a series of adjustments for site-specific traffic volumes, distances, speeds, or noise barriers. The project traffic study shows that future uses will generate 23,170 daily trips for the proposed site. Any regional noise changes ftom site traffic-related noise will be superimposed upon the baseline, which forecasts 50,000 Average Daily Trips (ADT) or more on Main Street. Because noise is proportional to the logarithm of traffic volumes, the impact of 23,000 trips upon a 50,000-trip baseline is quite small. Project-related traffic noise impacts were calculated for existing traffic, with the project, with cumulative growth, and for areawide buildout. Traffic noise levels at 100 feet ftom the centerline ç¡f surrounding roadways near the proposed proj ect site were analyzed. All along Main Street,. the maximum project-related noise impact is 3.3 dB. The maximum traffic noise impact is 3.1 dB along Brandywine. Although there are no absolute standards of noise impact significance, an increase of 3 dB or more is perceived by most human receivers as a substantial degradation in the areawide noise environment. The 3-dB threshold is exceeded along both Main Street and along Brandywine Avenue. However, there are no noise- sensitive land uses in proximity to those areas where traffic noise will be PIAlCV/APElRov.MND/mulo_mnd-.mpt<' (10"'10') 35 15-5~ s~bstantial1y increased. Residential development is located to the north and south of the project site; however, commercial/industrial uses separate Main Street ftom the residential development to the north, and the Otay River Valley extends along the southern boundary, creating a separation between the traffic noise and residential to the south. . Cumulatively, however, increased traffic will interact with projected increases throughout the area. The southeastern Chula Vista area is substantial1y undeveloped and will experience additional traffic increases ftom the intensification ofunutilized lands. "Buildout" noise exposure, including currently anticipated cumulative traffic growth, is significantly different ftom the "Existing" condition at all locations east ofI-805. There are anticipated increases of 3.4 to 6.5 dB Community Noise Equivalent Level (CNEL) from existing conditions. However, except north of Main Street between Oleander and I-80S, all uses close. to Main Street are not considered noise sensitive receptors (i.e., residences, schools, hospitals). The residences facing Main Street also partial1y face the fteeway, so arterial noise increases will be masked by the elevated fteeway background. Although arterial traffic will cause the +3 dB threshold of potential impact significance to be exceeded, there are no sensitive receivers where such a cumulative increase would be a clearly perceptible change in the noise environment. Traffic noise levels are considered environmentally adverse, but less than significant, because of the absence of noise-sensitive uses within the noise impact zone. Onsite Activity Noise Dealerships wil1 generate noise fìom automotive service and repair facilities. Public address systems can also be a perceived nuisance where they are clearly audible to offsite receivers. Service and repair will be conducted in proximity to the adjacent riparian habitat. As with existing dealerships, service and repair are recommended to be performed within a service area that is separated ftom the riparian area by a solid barrier. No outside vehicle maintenance or repair shall be performed with a direct line of site to the habitat. To preclude any loudspeaker noise audibility, personal paging devices will be used by all employees instead of public address systems. Although there is a large-distance buffer to the closest homes, the sudden noise of a loudspeaker would periodical1y frighten wildlife in the adjacent habitat. Use of employee- personal communication devices ("beepers") would preclude such impacts. Tran spo rtation/Circulation o' Linscott, Law & Greenspan (LLG 2003) prepared a traffic impact analysis for the proposed Auto Park expansion. Modifications were made to the project design therefore an updated analysis was prepared in July 2003 addressing access to the site. The traffic analysis estimated the proposed project will generate 23,170 ADT, with 850 inboundl650 outbound trips during the AM peak hour and PI AlCVIAPEiRov.MNDlowolo .","d-."'ptod (I 0/9/03) 36 I S -.53 ----------..-.---- 814 inbound/944 outbound trips during the PM peak hour at the proposed driveways. Seven intersections along Main Street within the project area were analyzed by LLG to determine the potential impacts of the proj ect. These intersections are either signalized or unsignalized, as denoted with either a (s) or (u), respectively. . Main StreetlI-805 Southbound Ramps (s) . Main StreetlI-805 Northbound Ramps (s) . Main Street/Oleander Avenue (s) . Main Street/Brandywine Avenue (s) . Main Street/Roma Court (u) . Main Street/Maxwell Road (u) . Main Street/Nirvana Avenue (s) Table Tl shows the project traffic generation for the seven project intersections described above. This table shows the primary/pass-by traffic generation percentages for the applicable land-uses. Existing Operations Table T2 shows that all signalized intersections in the project area are calculated to currently operate at a Level of Service (LOS) D or better during the AM and PM peak hours. The Main Street/Roma Court intersection is constructed, but does not currently carry traffic. Table T2 shows that minor-street left-turn movements at the Main Street/Maxwell Road unsignalized intersection are currently calculated at LOS D or better during both the AM and PM peak hours. It should be noted that the intersection was recently signalized. Main Street is classified as a Six-Lane Prime Arterial. To ensure consistency with the City's Circulation Element, "should a property have ftontage only on the prime arterial facility, driveway access limited only to right turns in and right turns out will be permitted at locations deemed appropriate by the City Engineer. These access driveways may require additional roadway width to provide for acceleration and deceleration lanes." Therefore, the applicant will be required to dedicate right-of-way (RfW) along project ftontage to Main Street to accommodate Prime Arterial standards. Existing + Project Operations Table T2 shows that the signalized intersections continue to operate at LOS D or better with the addition of project traffic. PI NCVI APE1Rov.MNDI"","_mnd-.",ptod (1019103) 37 \5r5f :; 000,110 """,1;;::;0""""",1<:;1;;::;0<:>""°""""'" 0 ëo ~"""I;; "'!.~""""'I~j"""~I~~~::; -:. ¡:: " ..- i5~ 0000 """"'">0<:;-""""""'">0<:>""°"'........ 0 ... = "'","'I.... - ~""""'",~,~....~,~Or--r-- - .... ... - "'.... -- -,- ,-"'-'" 00 '" .> .. ,,- =- ,,- ~O~ ~~~ ~ ~ ~ ~ ~ë~ ....""" 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'" ~ .... .... ~- 0-- ~~ '" c'" g- ~ » '" ~ :g 1'<1 ~ or '" ~~ ::> '" -E-s ~ 1'<1 »<.:J Z 1-;:; ~ B'iä'<: -< ~... ¡;; ¡:¡ -c ,..;¡ 0 e 'õ",~ ø E:( ¡j~<::;- ¡z; â,..;¡ ~ ,,¡:¡ '< ¡::; I] Øl~ I.,. ~~ """~õz ¡;: .. < :E ~ 5~1~.al~~~ I~I~ ~'~L~L~ ê1 E::1 g.~;;¡ ~ ~ >=: I ~"""""""""" """"~<:>,,,,~~ ~ ~ ~~e ~ ::> 1'<1 '" .. < ~ >0 ,.. ""'" ~ ~.~.-iJ ~~l"f~ ~ ~:5 ~ 0 ~ z "-;>=:"~"e-9.., -9...,!S~"lb§.D :>< "';¡""¡""" -'- 1:5 ~".g c; 1'<1 :¡:¡.¡:.;¡ g 1:.8- 1:: -~S -r: :it - ~ - < < -" Þ-~ ~ ~S-,,;ë z -¡;;;~"'¡;;~ ¡;;¡;;;"¡;;"'ø.~:! ~ Z &ð-~ ~ ~ ~ ~l-= bJ ~ "Pi ~I ~ -9 § ~I-?I~ ~I~........ ~ ~ ~ -g g,.g ~ Z 21::=- ~¡¡~"¡¡..,.-,,¡¡..,-=¡¡..,,,u= ~ '"' "..~ ~ 0 ~~~~ ~ gJ::<!a-t:<!s.t:<!~J::<¡j.3'" ~ ¡;¡ ~~~ $ G~g~l.êu~ o..~o..o..~o..o..~ o.."335~ ,..;¡¡!:;~o:: ~ 1'<1"=,,IQ¡O~ 0 .. .. ooo<-<"ü ~ >=:o<o::>=:,..;¡... U 0 U ¡"'~"';¡~~¡...e ~ '. 0 0 ~ ¡:¡ g ~ < ¡:<¡ ¡... ¡... 0::<'" ;;: 5-SS ---~- -------_u_--~----_.- Table T2 Si nalized Intersection Operations Level of Service Peak Existing + Buildout Intersection Hour Existing Existing + Project + Year 2020 + Project Cumulative Proiects Project Main Street/I-80S AM C C C D* Southbound Ramps PM D D D* D Main Street/I-80S AM C C C B Northbound Ramps PM C D D D Main Street! AM B B B B Oleander Avenue PM A A B D Main Street! AM C C C D BrandyWine Avenue PM C C C D Main Street! AM Does not B C B Roma Court PM Exist A C D Main Street! AM Unsignalized C C C Maxwell Road PM C C C Main Street! AM B B B B Nirvana Avenue PM C C C C Delay is measured in seconds. Delay LO Shading indicates significant cumulative impact. 0.0 < 10.0 A 1 LOS and delay with mitigations. 10.1 to 20.0 B * LOS with second westbound left-turn lane; LOS'E is 20.1 to 35.0 C calculated without additional lane. 35.1 to' 55.0 D 55.1 to 80.0 E > 80.0 F It should be noted that the Main Street/Roma Court and Main StreetlMaxwell Road intersections are both calculated to operate at LOS C or better with traffic signals during the AM/PM peak hours. The intersection geometry assumed in the analysis is described under "Project Access". Existing + Project + Cumulative Projects Operations The Auto Park North project is located across from the proposed project on the north side of Main Street. This project proposes to construct approximately 99,650 to 130,000 SF of dealer showrooms and ancillary automobile support buildings ranging ftom approximately 8,250 SF to 93,450 SF. A corporation yard for municipal transit vehicles is also proposed. Tlùs project is calculated to generate 8,294 ADT with 365 inboundl124 outbound trips during the AM peak hour and 270 inboundl458 outbound trips during the PM peak hour. LLG conducted a traffic study for this project in Decernber of2002. An additional 5% PI AlCVI APEiRov-MNDlmulD_=d-m","d (10/9103) 39 15-S~ growth factor over existing traffic was added to the peak hour through movements along the Main Street corridor to account for additional development in the near future. Table T2 shows that all of the signalized. intersections continue to operate at LOS D or better during the AM and PM peak hours with the addition of cumulative project traffic with the exception of the Main Street/I-805 southbound ramps intersection, which is calculated to degrade to LOS E during the PM peak hour. Buildout Traffic Conditions Table T2 shows a summary of the buildout intersection operations in the project area. This table shows that all intersections are calculated to operate at LOS D or better in the future condition. It was assumed that the Main Street/I-805 southbound ramps would be improved with dual westbound-to-southbound left- turn lanes since this is a cumulative mitigation. LOS E is calculated without the incorporation of mitigation. A summary of the buildout daily street segment operations with project traffic volumes is shown in Table T2. This table shows that Main Street east of I-80S is calculated to operate at LOS D or better with Prime Arterial classification. The Main Street segment west of I-80S and the Brandywine Avenue segment are. calculated to operate at LOS C and LOS A, respectively. No impacts to daily street segment operation will result ftom buildout traffic conditions. Congestion Management Program Compliance , The Congestion Management Program (CMP) was adopted on November 22, 1991, and is intended to directly link land use, transportation and air quality through Level of Service performance. Local agencies are required by statute to conform to the CMP. The CMP requires an Enhanced CEQA Review for all large projects that are expected to generate more than 2,400 ADT or more than 200 peak hour trips. Since the project is calculated to generate both over 2,400 ADT and 200 peak hour trips, this level of review is required of this proposed project. In 1993, the Institute of Transportation Engineers California Border Section and the San Diego Region Traffic Engineers Council established a set of guidelines to be used in the preparation of traffic impact studies that are subject to the Enhanced CEQA review process. This published document, which is titled 1993 Guidelines for Congestion Management Program Transportation Impact Reports for the San Diego Region, requires that a project study area be established as follows: . All streets and intersections on regionally significant arterials where the project will add 50 or more peak hour trips in either direction. PlAJCV/APEiR'..MND/owUIO_=d-.mp,'" (1019103) 40 15--51 . Mainline fteeway locations where the project will add 150 or more peak hour trips in either direction. Per these guidelines, the following regionally significant arterial and fteeway segments were analyzed to satisfy the CMP: . Main Street ftom I-80S to Nirvana Avenue . I-80S North of Main Street . I-80S South of Main Street The CMP LOS standard for regionally significant arterials is LOS D; LOS E is the general standard for freeway segments. Table T3 shows a summary of the arterial operations. This table shows that the Main Street arterial is calculated to operate at LOS D or better in both directions during the AM/PM peak hours with both project and cwnulative project traffic volwnes. No significant project or cumulative project impacts were calculated. Table T3 Peak Hour Arterial Analvsis for Main Street Level of Service Existing + Segment Peak Hour Existing Existing + Project + Project Cumulative Proiect Eastbound AM B C D PM B D D " Westbound AM D D D PM D D D Table T4 shows a summary of the fteeway operations. The fteeway segments both north and south of Main Street are calculated to operate at acceptable Levels of Service for all scenarios. No project or cwnulative project impacts are calculated. Project Access The proposed project would construct an eastward extension of Auto Park Drive along the southern boundary of the project and terminate at Maxwell Road east of the project. The extended Auto Park Drive will include improved intersections at Roma Court and at Maxwell Road. Access would then be provided at the following points ftom west to east: . Brandywine Avenue (south leg), . Auto Park Court (west ofDelniso Court), PI AJCVI APEIR~.MNDI'nuto_=d-""p"d (1 019103) 41 \ '$ -$ IS' Table T4 Freeway Sel!ment Summary for 1-805 Level of Service Freeway Peak Existing + Segment Direction Hour Existing Existing + Project + Project Cumulative Projects North of Northbound AM B B B Main Street PM B B B Southbound AM B B B PM C C C South of Northbound AM A A A Main Street PM A A A Southbound AM A A A PM A A A . Roma Court (south leg of the relocated Roma Court), . Auto Parkway (approximately midway between Roma Court and Maxwell Road), and . Auto Park Drive (south leg of Maxwell Road). Figure 8 shows the project access driveways and depícts the total project trips at the access points on Main Street and Auto Park Drive. I Access to the project site was divided among the five points, based on a tentative lot layout. Roma Court currently exists, but is closed to traffic. It is currently unsignalized at Main Street, but should be signalized as part of the project. A westbound left-turn lane ftom Main Street to the project site currently exists at Roma Court. Maxwell Road is an unclassified three-lane roadway (two lanes northbound/one lane southbound) north of Main Street that services several industrial parks and, at its terminus, a landfill. There is a prominent truck presence on Maxwell Road due to these land uses. The Main StreetlMaxwell Road intersection is calculated to operate at LOS C or better with traffic signals during the AMlPM peak hours. However, because Maxwell Road will provide the fourth project access to Main Street, this intersection, as with all project access routes, will experience the additional traffic, but the net increase of trafficJo the street system will continue to operate at an acceptable level of service. An amendment was prepared by LLG addressing access to the site. Based upon this analysis, dedicated eastbound right-turn lanes should be provided at the following locations along Main Street (LLG 2003): P/IVCV/APEiRov-MNDlmuto_mnd-.",pt<d (1019103) 42 1-5-59 ----------- ,","""O'~d¡~""'",L\"'!4d",~,'o,,_,,".do¡n,,<\',^.!n40\",WP'\d '0I9tJ1O1 ~ co 0 ~ « 5, oð ü: cI8 TJDXm en '- ::J a I ~ Ci Q) c... ~ c... ~ ~. « ¡¡:¡ 1::: .... Q) .~ § e .~ a.. en en .t:) me!! 0 II « . Z .': 2 t/o- W" n !E ffild ~ ...J I- 13 Q) ë5' .t:) OSIm:iè1 0::: ëã Õ .'."'. t= "- ui "C ~~N C ~~- rn ~;¡¡.~ V> .... ~ ..~.. :5. :ß :ì1Imawg ..,III.. ~ g, ../90 J ~ ¡¡: tU901- .S! .E '" .. .5 c ~ Q) 3: CJ liS. [ :; .,g '> iN rn V> ¡.., CI ~ .~ ~ .,g ~ -= V> - .~ ~ & 8 -= rn 0 ';; ~ -ð:ß ~ j = ,g§ (; ~ = ,go ::: ~ p :lAY .- > . C 0. .= 2ttcnm7ò E '5 "* Q) ¡; > .' . --- ~.,g¡¡¡~ ð = .,g~.9~ -; "* ~ ~æg~ M~- g ~ !i¡ en Oi ::!: V> V> ¡j¡ '8 0 c( ~ UJ~Cl.-;;.g,~~ Z p.. ~ 5-~O ~ ~ ~ ~ £ ] j (~~ . Auto Park Court . Roma Court . Auto Parkway . Auto Park Drive (south side of Maxwell Road) A dedicated right-turn lane already exists at Brandywine Avenue. These dedicated right-turn lanes should be a minimurn of 200 feet long with a 90-foot transition, if possible. The longer storage length will provide extra storage and more length for vehicles to decelerate within the turn lane and not within the through lanes on Main Street. A length of250 feet with a 90-foot transition should be provided at all westbound left-turn lanes at the following signalized intersections: . Main Street/Brandywine Avenue . Main Street/Roma Court . Main StreetlMaxwell Road The relatively long stórage lengths have been recommended since Main Street is a six-lane facility with a posted speed limit of 50 MPH. Significant safety and queuing impacts will occur at the project driveways if improvements are not made to the project access points. Significant access- related impacts will occur; however, these impacts are mitigable with - implementation of certain improvements described below. The proposed project is not located in or near an air traffic corridor and will not adversely affect the safety of flight patterns. The proposed project has no hazardous design features. Each of the proposed facilities will gain access ftom Auto Park Drive, a frontage road south of Main Street, which will be extended ftom Phase One of the Auto Park. The extended Auto Park Drive will include improved intersections at Roma Court and Maxwell Road and will terminate at the Maxwell Road intersection. Emergency access to the project site will be incorporated into the proposed development; therefore, implementation of the project will not result in inadequate emergency access. At this time, proposed parking has not been determined; however, prior to project approval the appropriate amount of parking will be incorporated in the project design in accordance with City's standards and requirements. Furthermore, the proposed project does not conflict with adopted policies, plans, or programs supporting alternative transportation. PIAiCVIAPEJRov-MNDI,,"ulo_mnd-"',!,". (1010103) 44 1$-61 E. Miti!!ation Based on the analysis prepared by resource specialists and the results tTom the Environmental Checklist, effects to the above resources would be mitigated by the measures incorporated into the project. Therefore, a preparation of an environmental impact report will not be required. This Mitigated Negative Declaration has been prepared in accordance with Section 15070 of the State CEQA Guidelines and the City of Chula Vista Environmental Review Procedures. The following measures shall be placed as conditions on the Grading Permit unless otherwise specified. Air Quality Mitigation . Use low-pollutant-emitting construction equipment. . Use electrical construction equipment as determined by the City Engineer. . Use catalytic reduction for gasoline-powered equipment. . Use injection timing retard for diesel-powered equipment. . Water the construction area twice daily to minimize fugitive dust. . Stabilize (for example, hydroseed) graded areas as quickly as possible to minimize fugitive dust. . Pave permanent roads as quickly as possible to minimize dust. . Use electricity ftom power poles instead of temporary generators during building construction. . Implement track-out control as follows: a. Apply chemical stabilizer or pave the last 100 feet of internal travel path within a constructíon site prior to public road entry. b. Install wheel washers adjacent to a paved apron prior to vehicle entry on public roads. c. Remove any visible track-out into traveled public streets within 30 minutes of occurrence. d. Wet wash the construction access point at the end of each workday if any vehicle travel on unpaved surfaces has occurred. e. Provide sufficient perimeter erosion control to prevent washout of silty material onto public roads. PIAlCV/APEIR".MNDiovmo_nmd.""P"d (10/>/03) 45 I 5 -G,~ . Cover haul trucks or maintain at least 12 inches of fteeboard to reduce blowoff during hauling. . Suspend all soil disturbance and travel on unpaved surfaces if winds exceed 25 MPH. Biological Resources Mitigation Mitigation for Direct Impacts Wetlands The project was redesigned to substantially reduce direct impacts to wetlands; however, because unavoidable wetland impacts will occur, mitigation will be required. A habitat restoration program shall be required that will include a minimum of 1:1 habitat creation for all impacts to jurisdictional waters and wetlands (USACOE and CDFG). In addition, impacts to riparian scrub and southern willow scrub shall be mitigated through creation, enhancement, or restoration for a total mitigation ratio as shown in the table below. The restoration plan will be prepared (by the applicant) to the satisfaction of the City. Additionally, prior to issuance of a grading permit, the applicant shall show evidence of receiving RWQCB 401 Certification, USACOE 404 Permit, and CDFG 1603 Agreement. Com ensatorv Mitif!ation Project Mitigation Mitigation Wetlands Effects (Acre) Ratio (Acres) Riparian Scrub" 0.18 3:1 0.54 Southern Willow Scrub 0.02 3:1 0.06 Tamarisk Scrub" 0.26 2:1 0.52 Total 0.46 - 1.12 "Includes disturbed phases of this vegetation type. Upland Habitat There are no direct impacts to the sensitive upland habitats; therefore, there are no mitigation measures required. Sensitive Animals No raptors (generally December through June) or other migratory species nests (March through September) shall be disturbed in accordance with ,the Migratory Bird Treaty Act. A buffer of a minimum 300 feet shall be established around any raptor nest if occupied during construction activities to avoid indirect impacts. The applicant shall retain a qualified biologist, experienced in construction monitoring, to prevent inadvertent disturbance during construction. P/A!CV/APEiR,,-MND/""uto_mnd-""p~d (1M/OJ) 46 I S -tP3 Mitigation for Indirect Impacts Noise Significant impacts related to construction noise will be avoided by limiting construction work to outside of the LBV's typical breeding season (February 15 to AVgust 15); this restriction would also avoid/minimize the possibility of indirectly impacting any other potentially occurring sensitive riparian birds (such as southwestern willow flycatcher) that may be utilizing/nesting in the adjacent wetlands. According to the noise report for the project (Giroux & Associates 2002), "If construction is performed during the LEV nestinglbreeding season, and LBVs are found nesting within 500 feet of the nearest point of equipment operations, a noise mitigation plan shall be submitted and approved by the City's Environmental Review Coordinator. Such a plan shall identify the noise mitigation measures to be utilized, and the protocols to be employed to monitor noise protection compliance." Therefore, the applicant will also retain a biological monitor to be present during construction activities affecting jurisdictional areas during the nesting season. If any significant effect is observed that further construction be conducted outside of the nesting season. Where noise impacts cannot be completely avoided, a noise monitoring program shall be developed in consultation with the USFWS and the CDFG. In addition, the report states, "Dealership operations noise will be mitigated as follows: . All services and repair activities shall be conducted within the service bays that are shielded ftom the adjacent riparian habitat. . Outdoor loudspeakers will not be installed. All employee paging shall be through personal communication devices." Based on the dealership operations noise analysis provided by Giroux & Associates, after incorporating the above mitigation measures, the estimated operational noise level would be 50 dB at the habitat edge and 40 dB toward the center of the wetlands. Both of these estimates fall below the 60-dB noise impact threshold for LBV. Therefore, impacts associated with operational noise will be reduced to below a level of significance. Human Encroachment To avoid significant impacts from human encroachment during the use of the project, a barrier, such as a split-rail fence, shall be installed at the top of the "keystone" masonry wall, between the entire length of the boundary between the project and the wetlands. To reduce visual impacts associated with the "keystone" masonry wall, the wall would be screened with a barrier planting consisting of either noninvasive material and/or native trees/shrubs. Landscape plans shall be reviewed and P/IVCV/ APElRov-MND/owu"_=d.oo",ptod (1 019/03) 47 15- ~i approved by the City's Environmental Review Coordinator and project biologist prior to installation and the plantings. The landscaping shall be monitored twice during the first year to ensure that the plantings are providing an effective visual barrier. If the barrier plantings fail to survive and/or the plants do not adequately screen the wetlands, then additional plantings or solid wall installation would be required, as directed by the project biologist. These measures shall be made a condition of the landscape plan. Additionally, there will be no easy public access to the project site that would facilitate illegal dumping. The car lots will be under 24-hour, seven day a week security monitoring. The fencing along the southern border of the project site shall be installed to protect adjacent habitat ftom illegal dumping. The landowner and the City of Chula Vista shall prevent and enforce illegal entry into the adjacent wetland habitat. Lighting The adverse effects of project lighting shall be mitigated to below a level of significance by utilizing shielded fixtures that are oriented away ftom the adjacent wetland habitats. The project biologist shall evaluate all lighting (at night) to ensure that native habitats are not incidentally illuminated. Any lighting design plans that intend to utilize overhead High Intensity Discharge (HID) lighting (e.g., high-pressure sodium, metal halide, mercury vapor, etc.) fixtures in areas proximal to (within 50 feet or less of) the wetlands shall be reviewed and approved by the proj ect biologist prior to installation. Invasive Species Plants. Significant impacts to surrounding (nonimpacted) wetland vegetation shall be avoided by using noninvasive and/or native plant material in the project landscaping palette. Landscape plans shall be reviewed and approved by the project biologist prior to the installation of plant material. Animals. To avoid significant impacts ftom the inadvertent attraction/promotion of exotic or otherwise deleterious animal species, all garbage cans and dumpsters containing food refuse shall be set back ftom the nearest wetlands by a distance of no less than 100 feet and be tightly covered and securely locked when not in use. In addition, the use of outdoor restaurant/other food service seating shall be prohibited within 100 feet of the nearest wetland area. Urban RunofÐWater Quality Impacts Significant urban runof£'water quality impacts will be reduced to below a level of significance by implementing the following mitigation measures: 1. Prior to issuance of grading permits, the applicant shall complete all applicable forms and comply with the City of Chula Vista's Storm Water Management Standards Requirements Manual. PINCVIAPEIR,.-MNDI,~uto_=d-~"p"d (1019103) 48 15-~6 nO ------------- 2. Prior to the issuance of grading permits, the applicant shall demonstrate to the satisfaction of the City Engineer that Best Management Practices (BMPs) will be implemented to prevent pollution of the storm water conveyance systems, both during and after construction. Permanent storm water requirements shall be incorporated into the project design and be shown on the project plans. Any construction and nonstructural BMP requirements that cannot be shown graphically must be either noted or stapled on the plans. 3. The project shall comply with the City's requirements and the National Pollutant Discharge Elimination System (NPDES). Standard Urban Storm Water Mitigation Plans (SUSMP) and Numeric Sizing Criteria are applicable to this project. Adequate provisions shall be made in the planning and design stages of the project to facilitate compliance with such requirements. 4. Prior to the issuance of grading permits, a water quality study shall be reviewed and approved by the City Engineer that demonstrates compliance with the requirements of the NPDES Construction and Municipal Permits, including SUSMP and Numeric Sizing Criteria requirements, in accordance with the City's Manual. Cultural Resources Mitigation Archaeology An archaeological monitor shall be onsite during all excavation activities. In the event that cultural resources are identified (other than those apparently deposited during the import of the prior fill), the archaeologist shall be authorized to divert the construction activities, investigate the cultural resources, and salvage material to ascertain the significance of any site. With the incorporation of the mitigation measure, the impacts are reduced to below a level of significance. Paleontology A paleontologist and/or paleontological monitor will be retained to monitor construction prior to any cutting within sensitive formations. This area is known to be underlain by one such strata: Otay Formation. If grading is to occ~r within the Otay Formation, a qualified paleontologist and/or paleontological monitor shall be onsite during the initial grading to inspect for well-preserved fossils. In the event well-preserved fossils are found, ¡fie paleontologist shall have the authority to divert, direct, or temporarily halt construction activities in the area of discovery to allow recovery of fossil remains in a timely manner. Hydrology and Water Quality Mitigation Significant urban runof£'water quality impacts will be reduced to below a level of significance by implementing the following mitigation measures: PIA/CV/APElRov-MNDImulo- mnd-"",,"d (JOI9I03) 49 I 5 -~~ 1. Prior to issuance of grading permits, the applicant shall complete all applicable forms and comply with the City of Chula Vista's Storm Water Management Standards Requirements Manual. 2. Prior to the issuance of grading permits, the applicant shall demonstrate to the satisfaction of the City Engineer that Best Management Practices (BMPs) will be implemented to prevent pollution of the storm water conveyance systems, both during and after construction. Permanent storm water requirements shall be incorporated into the project design and be shown on the project plans. Any construction and nonstructural BMP requirements that cannot be shown graphically must be either noted or stapled on the plans. 3. The project shall comply with the City's req¡¡.irements and the National Pollutant Discharge Elimination System (NPDES). Standard Urban Storm Water Mitigation Plans (SUSMP) and Numeric Sizing Criteria are applicable to this project. Adequate provisions shall be made in the planning and design stages of the project to facilitate compliance with such requirements. 4. Prior to the issuance of grading permits, a water quality study shall be reviewed and approved by the City Engineer that demonstrates compliance with the requirements of the NPDES Construction and Municipal Permits, including SUSMP and Numeric Sizing Criteria requirements, in accordance with the City's Manual. Noise Mitigation Short-term construction noise intrusion shall be limited as a condition of the Grading Permit and Tentative Map to weekday and Saturday hours between 7:00 AM and 7:00 PM. Those same permits shall also specify construction access routing to restrict construction truck traffic past any existing residential or other noise-sensitive uses in the vicinity of the proj ect area. Mitigation measures associated with noise impacts on the adjacent biological resources shall be mitigated in accordance with measures listed under Biological Resources Mitigation. Geology/Soils Mitigation A geotechnical report was prepared by Geotechnics. Incorporated (April 2001) detailing measures to be implemented prior to and during site preparation and construction. These recommendations are based on empirical and analytical methods typical of the standard practices implemented in southern California. By incorporating the recommendations of that report into the final project plans, impacts to geology/soils would be reduced to less than significant. P/AlCV/APEIR,,-MNDImuto_mnd-."'p"'d (1019/03) 50 /5-&7 - --~--~.._-_._--- Furth=ore, the geotechnical engineer and engineering geologist shall review the grading plans prior to finaJization to verify that the grading plans are in compliance with the recommendations of the Geotechnics report and determine the necessity for additional recommendations and/or analysis. This measure shall be placed as a condition on all grading permits. No additional mitigation measures are required. Hazards/Hazardous Materials Mitigation Based on the analysis prepared by LDR in determining potentiaJ hazards resulting ftom initiation of project development, the following mitigation measures will reduce impacts to be Jess than significant: . Random sampling and testing of the existing fill will be conducted. This sampling and testing event will occur subsequent to grading operations. The results ftom this testing will be submitted to the City for review. This measure will be required as a condition of the grading permits. Transportation Mitigation The foHowing are access-related mitigation measures and will be placed as a condition of the Tentative Map: 1. Prior to issuance of building permits, the appJicant shalJ enter into an agreement with the City to design, construct, and secure a fully actuated traffic signal including interconnect wiring, mast arms, signal heads, and associated equipment, underground improvements, standards, and luminaries at the Main Street/Roma Court intersection. Design of the intersection should include a westbound 250-foot left turn lane and a 90-foot transition. The traffic signal at the Main Street/Roma Court intersection should provide protected east/west left-turn phasing and permitted north/south left-turn phasing. The northbound approach shall be striped with a dedicated left-turn lane and a 20-foot-wide shared through/right lane. 2. Prior to issuance of building permits, the applicant shall enter into an agreement with the City to design, construct, and secure a fully actuated traffic signal, including interconnect wiring, mast arms, signal heads, and associated equipment, underground improvements, standards, and luminaries at the Main Street/Maxwell.!toad intersection. Design of the intersection should include a westbound 250-foot left turn lane and a 90-foot transition. The northbound approach shall be striped with a dedicated left-turn Jane and a 20-foot-wide shared through/right Jane. The southbound approach (ftom Maxwell Road) shaH provide a shared through/left lane and a dedicated right-turn lane. PfAlCVfAPEfRov.MNDfov,"to.mnd.""pt,d (to"fO') 51 IS-" ð' 3. Prior to issuance of building permits the applicant shall enter into an agreement with the City to design, construct, and secure a left turn pocket at Main StreetlBrandywine Avenue. Design should include a length of 250 feet with a 90-foot transition at all left-turn lanes at the Main Street/Brandywine Avenue offsite. 4. Coordinate the new Roma Court and Maxwell Road traffic signals with the existing traffic signals at Brandywine Avenue and Nirvana Avenue. 5. Dedicate right-of-way along the project ftontage on Main Street to Prime Arterial standards. 6. Prior to issuance of building peImits, the applicant shall enter into an agreement with the City to design, construct, and secure a 200-foot eastbound right turn lane on Main Street at the following intersections: . Auto Park Court . Roma Court . Auto Parkway . Auto Park Drive (south side of Maxwell Road) Dedicated right-turn lanes shall be a minimum of200 feet long and 12 feet wide, with a 90-foot transition, if possible. The longer storage length will provide extra storage and more length for vehicles to decelerate within the turn lane and not within the through lanes on Main Street. The relatively long storage lengths have been recommended since Main Street is a six-lane facility with a posted speed limit of 50 MPH. The following measure will mitigate the cumulative impact at the Main Street! I-80S southbound ramps intersection. 7. Prior to issuance of building permits, the applicant shall contribute to the Traffic Development Impact Fund (TDIF) toward the construction of a second westbound left-turn lane to be provided at the Main Street/l-805 southbound ramp intersection. F. Consultation 1. Individuals and Organizations City ofChula Vista: Sohaib "Alex" Álagha, Senior Civil Engineer Majed AJ-Ghafty, Traffic Engineer Duane Bazzell, Principal Planner PIA/CVIAPEIRov.MNDlm"to_=d-.",p"d (101910') 52 /5 ~~1 Patricia Beard, Senior Community Development Specialist Anthony Chukwadolue, Civil Engineer Muna Cuthbert, Civil Engineer Joseph Gamble, Landscape Planner Benjamin Guerrero, Environmental Projects Manager Frank Herrera, Associate Planner Elizabeth Wagner Hull, Deputy City Attorney David Kaplan, Transportation Engineer George Krempl, Assistant City Manager Mary Ladiana, Planning and Housing Services Manager JeffMoneda, Civil Engineer Doug Perry, Fire Chief Marilyn RF. Ponseggi, Environmental Review Coordinator 2. Documents The following documents used during the preparation of the initial study/environmental checklist are available for review at the City of Chula Vista Planning and Building Department, located at 276 Fourth Avenue, Chula Vista, CA 91910. ChuIa Vista, City of 1995 Chula Vista General Plan. Revised. 1989 Chula Vista General Plan. July. .Comprehensive Update. 1978 General Plan. 2003 Draft MSCP Subarea Plan. 53 /5-70 PIAICYI APElRov-MNDIMU,"_=d-.oc,p1ed (101910]) Geotechnics Incorporated 2001 Supplemental Geotechnical Investigation. April. 2000 Updated Grading Recommendations. August. 1995 Report of Geotechnical Investigation. January. Giroux and Associates 2003 Noise Impact Analysis: Chula Vista Auto Park Expansion, City of Chula Vista, CA. August. 2002a Air Quality Impact Analysis: Chula Vista Auto Center, Chula Vista, CA. March. 2002b Noise Impact Analysis: Chula Vista Auto Center, Chula Vista, CA. March. 200la Air Quality Impact Analysis: Main Street Commerce Center, City of Chula Vista, CA. November. 200lb Noise Impact Analysis: Main Street Commerce Center, City of Chula Vista, CA. November. Helix Environmental Planning, Inc. 2002a Biological Technical Report: Borst Property. September. 2002b Jurisdictional Delineation: Borst Property. September. 2001 a Draft Biological Technical Report: Borst Property. October. 2001b Jurisdictional Delineation: Borst Property. October. L.D. Romine and Associates 2001 Phase I Environmental Site Assessment: Borst Otay Valley Property, Chula Vista, CA. October. Linscott, Law, and Greenspan 2003 Chula Vista Auto Park Expansion (South Side) - Access Driveway Analysis. July. 2002 Traffic Impact Analysis: Chula Vista Auto Park Expansion. February. Revised. PI AJCVI APEIR,,-MNDJ,~uto_mnd-""p"d (I 019103) 54 /5-7/ ----~- -----------.----- - 2001 Traffic Impact Analysis: Chula Vista Auto Park Expansion. November. Nolte Associates, Inc. 2003 Draft Tentative Parcel Map. August. 2001 Draft Drainage Study. November. P&D Technologies 1991 Final Environmental Impact Report: Chu1a Vista Auto Center. November. 3. Initial Study This environmental determination is based on the attached Initial Study, any comments received on the Initial Study, and any comments received during the public review period for this Mitigated Negative Declaration. The report reflects the independent judgment of the City of Chula Vista. Further information regarding the environmental review of this proj ect is available ftom the Chula Vista Planning and Building Department, 276 Fourth Avenue, Chu1a Vista, CA 91910. ?a~P~ ~ 'P/orj M 1yn onseggi Environmental Review Coordinator PI AJCVI APE/Rov.MND/muto _mnd-omp'" (1019103) 55 /5- 7d-. INITIAL STUDY ENVIRONMENTAL CHECKLIST FORM 15- 7'B Chula Vista Auto Park Expansion ENVIRONMENTAL CHECKLIST FORM 1. Project Title: Chula Vista Auto Park East Specific Plan 2. Lead Agency Name and Address: City ofChula Vista, 276 Fourth Avenue, Chula Vista, CA 91910 3. Contact Persons and Phone Number: Marilyn Ponseggi, Environmental Review Coordinator, (619) 585-5707 PI NCVI APEIR<v-MNDlmuta¡,.""", (1019/03) 1 /5,7+ Chula Vista Auto Park Expansion less Than Significant Potentially w;th less Than ISSUE Significant Mitigation Significant Impact Incorporation Impact No Impact I. AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic vista? 0 0 ~ 0 b) Substantially damage scenic resources, including, but 0 0 0 ~ not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or 0 0 ~ 0 quality of the site and its surroundings? d) Create a new source of substantial light or glare, 0 0 ~ 0 which would adversely affect day or nighttime views in the area? Comments: Response to Ia. The project site is located in an area that is surrounded by a mix of commercial, residential, and public uses. Project implementation will be consistent with existing development within the project area and will not represent a significant change. Furthermore, there are no designated scenic highways or roads within the affected viewshed that will be impacted by the proposed auto park expanSIon. However, the proposed project will propose night lighting required for the site security. This lighting will potentially illuminate the adjacent residential neighborhoods north of Otay Valley Road and the riparian habitat south of the project site. Therefore, prior to approval, the project will be subject to design review and design measures will be incorporated to shield excessive lighting or glare in accordance with the City's Design Review Committee standards. The Specific Plan will also incorporate these lighting conditions. Additionally, the project engineer, Nolte Associates, Inc., indicated a "keystone" masonry wall ranging ftom approximately 5 feet to 31 feet is proposed to traverse the southern portion of the site along the wetland habitat area. Landscaping will be incorporated to provide additional screening of the wall to further reduce visual impacts. Landscaping materials will be non-invasive native plant materials compatible with the adjacent wetland habitat. Response to lb. The proposed project site does not include visually significant trees, rock outcrops, or historic buildings that will contribute to the scenic quality of the area. The project will alter the appearance of the existing site, but will not create new significant aesthetic impacts. Response to Ie. Future site development will be subject to design, architectural, and landscaping requirements that are part of the specific plan. Project approval will not result in any significant impact to community aesthetics or visual quality and will improve the aesthetic quality of the site and surrounding areas. P/NCV/APEIR..-MNDI,~ut'¡N"'pl (1019103) 2 I $ -15 Chula Vista Auto Park Expansion Response to Id. Future development plans will employ outdoor lighting, signs, and materials that will contribute to light and glare in the project area. Shielding and directing of light sources away ftom streets, adjoining properties, and the sky have been incorporated into the specific plan as required design standards. Aesthetic Mitigation No significant impacts have been identified. The Specific Plan will be consistent with the City's Design Review Committee Standards; therefore, no mitigation is required. P/ NCVI APElRov-MNDI,wu"¡,.""I" (10/9/03) 3 I~. ¡&, Chula Vista Auto Park Expansion Less Than Significant Potentially w;th Less Than ISSUE Significant Mitigation Significant Impact Incorporation Impact No Impact II. AGRICULTURE RESOURCES. In determining whether impacts to agricultural resources are significant environ- mental effects, lead agencies may refer to the California Agricultural land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or D D D [ZJ Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program (FMMP) of the California Resources Agency, to non- agricultural use? b) Conflict with existing zoning for agricultural use, or a D D D [ZJ Williamson Act contract? c) Involve other changes in the existing environment D D D [ZJ which, due to their location or nature, could result in conversion of Farmland to non-agricultural use? Cornments: Response to lIa and b. Lands designated and approved for urban development are not included on maps prepared by the California Resources Agency pursuant to the FMMP. The site is planned and zoned for development; does not contain designated Prime Farmland or a Williamson Act contract according to the General Plan, Unique Farmland, or Farmland of Statewide Importance; and has been previously graded. Therefore, there is no significant impact to "farmlands" associated with development of this site. Response to lIe. Project approval and eventual development of the project site will not result in additional pressure to convert farmland to nonagricultural uses. The project site is bordered by existing commercial/industrial development or graded land. Therefore, no irnpacts will result ftom implementation of the proposed project. Agriculture Mitigation No significant impacts have been identified and no mitigation is required. P/A/CV/APEIR<Y.MND/'~uloi,-.mpt (1019103) 4 /5..17 Chula Vista Auto Park Expansion Less Than Significant Potentially with Less Than ISSUE Significant Mmgation Significant Impact IncorpocaUon Impact No Impact III. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the 0 0 [8] 0 applicable air quality plan? b) Violate any air quality standard or contribute 0 [8] 0 0 substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of 0 0 [8] 0 any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant 0 0 [8] 0 concentrations? e) Create objectionable odors affecting a substantial 0 0 [8] 0 number of people? Comments: Implementation of the proposed proj ect will result in impacts to air quality; however, mitigation will be incorporated to reduce impacts to less than significant. Further discussion has been included in the Mitigated Negative Declaration (MND). Air Quality Mitigation The MND has incorporated mitigation measures that will reduce impacts associated with the proposed project to less than significant. P/ NCV/ APEIR,v-MND/,wuto;'-""l" (10/9/0') 5 15-78 ChuJa Vista Auto Park Expansion Less Than Significant Potentially with Less Than ISSUE Significant Mitigation Significant Impact Incorpo<;>üon Impact No Impact IV. BIOLOGICAL RESOURCES. Would the project: a) Have a substantial adverse effect, either directly or 0 [8J 0 0 through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian 0 [8J 0 0 habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally 0 [8J 0 0 protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hyçlrological interruption, or other means? d) Interfere substantially with the movement of any native 0 0 0 [8J resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances 0 0 0 [8J protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat 0 0 0 [8J Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Comments: Implementation of the proposed project will result in impacts to biological resources; however, mitigation shall be incorporated to reduce iÌnpacts to less than significant. Further discussion has been included in the MND. Biological Resources Mitigation The MND incorporates mitigation measures that will reduce impacts associated with the proposed project to less than significant. PI AJCVI APEiR,,-MNDIov.utoi..."'pt (1019103) 6 /5.. 71 . ---- ----~-_._-_. Chula Vista Auto Park Expansion Le.. Than S;gn;ficant Potentiany with Less Than ISSUE Signmcant M;tigation Significant Impact Inco",ocation Impact No Impact V. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in the 0 [8J 0 0 significance of a historical resource as defined in §15064.5? b) Cause a substantial adverse change in the 0 [8J 0 0 significance of an archaeological resource pursuant to §15064.5? c) Directly or indirectly destroy a unique paleontological 0 [8J 0 0 resource or site or unique geologic feature? d) Disturb any human remains, including those interred 0 0 0 rzJ outside of formal cemeteries? Cornments: Implementation of the proposed project will result in impacts to cultural resources; however, mitigation will be incorporated to reduce impacts to less than significant. Further discussion has been included in the MND. Cultural Resources Mitigation The MND incorporates mitigation measures that will reduce impacts associated with the proposed project to less than significant. PIAlCVIAPElRov-MNDI""",,u.-,,"pt (1019103) 7 Ic;- 80 Chula Vista Auto Park Expansion Less Than Slgnlfocant Potentially - with Less Than ISSUE Significant Mitigation Significant Impact Incol]>oration Impact No Impact VI. GEOLOGY AND SOILS. Would the project: a) J::xpose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated D D D ¡g¡ on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? D ¡g¡ D D iii) Seismic-related ground failure, including 0 ¡g¡ 0 0 liquefaction? iv) landslides? D D D ¡g¡ b) Result in substantial soil erosion ór the loss of topsoil? D ¡g¡ D D c) Be located on a geologic unit or soil that is unstable, D D D ¡g¡ or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? d) Be located on expansive soil, as defined in Table D D D ¡g¡ 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use 0 0 0 ¡g¡ of septic tanks or altemative wastewater disposal systems where sewers are not available for the disposal of wastewater? Comments: Implementation of the proposed project will result in impacts to geology and soils of the project site; however, mitigation measures will be incorporated to reduce impacts to less than significant. Further discussion has been included in the MND. PIAlCV/APEIR<v-MNDI""utoi...",pt (I 01')103) 8 15-81 Chula Vista Auto Park Expansion Geology and Soils Mitigation The MND incorporates mitigation measures that will reduce irnpacts associated with the proposed project to less than significant. PI NCVI APEJRov-MNDI""uta~-"",,1 (1019/03) 9 /5-Fld- Chula Vista Auto Park Expansion less Than Significant Potentially with less Than ISSUE Significant Mitigation Significant Impact Incorporation Impact No Impact VII. HAZARDS AND HAZARDOUS MATERIALS. Would the project: a) Create a significant hazard to the public or the 0 [8] 0 0 environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the 0 D ~ D environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or D [8] 0 D acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of D D 0 ~- hazardous materials sites compiled pursuant to Govemment Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, D D D ~ where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, 0 D 0 [8] would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an 0 D D ~ adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of D D 0 ~ loss, injury, or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? .- Comments: Implementation of the proposed project will have the potential to create hazards and hazardous materials; however, mitigation measures shall be incorporated to reduce impacts to less than significant. Further discussion has been included in the MND- PINCVI APEIR<v-MNDIc"ulOis-m'pt (1 019103) 10 /5..8.3 Chula Vista Auto Park Expansion Hazards and Hazardous Materials Mitigation The MND incorporates mitigation measures that will reduce impacts associated with the proposed project to less than significant. PIAlCVIAPEIR~-MNDI",uto¡".mpt (IOJ9I03) 11 1'5-84 Chula Vista Auto Park Expansion Less Than Significant Potentially with Less Than ISSUE Significant M~igation Signfficant Impact Incorporation Impact No Impact VIII. HYDROLOGY AND WATER QUALITY. Would the project: a) Violate any water quality standards or waste' discharge 0 ¡g¡ 0 0 requirements? b) Substantially deplete groundwater supplies or interfere 0 0 0 [8J substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of preexisting nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the 0 ¡g¡ 0 0 site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? d) Substantially alter the existing drainage pattern of the 0 ¡g¡ 0 0 site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on- or off-site? e) Create or contribute runoff water which would exceed 0 0 [8J 0 the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? 0 ¡g¡' 0 0 g) Place housing within a 100-year flood hazard area as 0 0 0 [8J mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures, 0 0 0 [8J which would impede or redirect flood flows? i) Expose people or structures to a significant risk of 0 0 0 [8J loss, injury, or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? 0 0 0 [8J PINCVIAPElRov-MNDI"""""is-""'P1 (10/<)103) 12 /5..8S Chula Vista Auto Park Expansion Comments: Implementation of the proposed project will result in impacts to hydrology and water quality, however, mitigation measures will be incorporated to reduce impacts to less than significant. Further discussion has been included in the MND. Hydrology and Water Quality Mitigation The MND incorporates mitigation measures that will reduce impacts associated with the proposed project to less than significant. PI AlCV! APEIRev.MND/,,",uto"""'pt (1019103) 13 IS-~{P Chula Vista Auto Park Expansion Less Than Significant Potentially with Less Than ISSUE Significant Mitigation Significant Impact InCO'Pmation Impact No Impact IX. LAND USE AND PLANNING. Would the project: a) Physically divide an established community? 0 0 D rg¡ b) Conflict with any applicable land use plan, policy, or 0 0 D rg¡ regulation or an agency with jurisdiction over the project (including but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan 0 0 D rg¡ or natural community conservation plan? Comments: Response to IXa. The proposed project will not divide an established community. The proposed project is a Specific Plan to establish standards and guidelines in the development and expansion of the existing Auto Park and is considered consistent with the surrounding developed land uses. Therefore, because the project will not physically divide an established community, no impact would occur. Response to IXb. The proposed project is located within an area designated as Research and Limited Industrial in the General Plan and zoned ILP - Lirnited Industrial Zone, Precise Plan Modifying District. The project is also within the Otay Valley Road Redevelopment Project Area. The Auto Park East project is consistent with the ILP zoning. The proposed Auto Park East Specific Plan has been prepared in accordance with Chapter 19.07 of the City of Chula Vista Zoning Ordinance and Sections 65450-65457 of the California Government Code. The proposed specific plan would supercede the site's existing zoning by establishing land use, design, and development standards for the site and defining the type and amount of development permitted. Where in conflict with the Zoning Ordinance, the specific plan will apply; where the specific plan does not address a topic, appropriate City regulations will apply. The Specific Plan would also be consistent with the City of Chula Vista Redevelopment Agency Project Area Improvement Plans for 2000 through 2004. This five-year implementation plan was adopted by the City in November 1999 and was determined to be consistent with the City's General Plan. Chula Vista's nO-acre Otay Valley Road Redevelopment Ârea, located in the southeastern corner of the City, is a gateway to Chula Vista ftom Otay Mesa and the Mexican commercial border crossing. Established in 1983, this project area's light industry and nearby cultural and recreational uses are bringing regional recognition to the Otay Valley's unique advantages. The goal of the Redevelopment Area Plan for the Otay Valley. Road is to "use the process of redevelopment to eliminate and mitigate the many aspects of existing visua], economic, physical, social, PI AlCVI APEJRov.MND/",",o;.-""p' (10/9/03) 14 /s..rzí Chula Vista Auto Park Expansion and environmental blight within the Project Area." The Redevelopment Plan establishes objectives such as: . The development of property within a coordinated land use pattern of commercial, industrial, recreational, and public facilities in the Project Area consistent with the goals, policies, objectives, standards, guidelines, and requirements as set forth in the City's and County's adopted General Plan and Zoning Ordinance; . The encouragement, promotion, and assistance in the development and expansion oflocal commerce and needed commercial and industrial facilities, increasing local employment prosperity, and improving the economic climate within the Project Area, and the various other isolated vacant and/or underdeveloped properties with the Project Area; and . The creation of a more cohesive and unified community by strengthening the physical, social, and economic ties between residential, commercial, industrial, and recreational land uses within the community and the Project Area; which focus on the development of commercial/industrial uses within the project area. One of the expenditures proposed for the next five years includes the expansion of the Auto Park. Therefore, implementation of the Specific Plan does not conflict with the City's efforts in redeveloping the Otay Valley Road project area. Response to !Xc. The site is within the City of Chula Vista's Draft MSCP Subarea Plan (Chula Vista 2000). The site is adjacent to the proposed Otay River Valley River Park that will stretch ftom Interstate 5 to Interstate 805 along the Otay River. The proposed river park is a linear regional park that is proposed to extend ftom the San Diego Bay to the Otay Reservoir. The implementation of the auto park expansion will not impact or prevent the development of the park. Because no narrow endemic plant species have been observed within the proposed impact area, and based on the highly disturbed nature of the proposed project area and biological surveys, no MSCP narrow endemic species is expected to be affected by the project grading. Therefore, development as proposed will be consistent with the proposed policies contained within the City's draft Subarea Plan. Land Use and Planning Mitigation No significant impacts have been identified and no mitigation is required. PIAJCY/APEJRov-MND/mu\o;,..,mp' (1019/03) 15 J'5..<3~ Chula Vista Auto Park Expansion less Than Significant Potentially with less Than ISSUE Significant Mitigation Significant tmpact IncorpocaUon Impact No Impact X. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a known mineral 0 0 0 ~ resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally important 0 0 0 ~ mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? Comments: Response to Xa. The proposed project site does not contain significant mineral deposits as defined by being located within either of the two aggregate resource sectors identified by the State Mining and Geology Board as being of regional significance. Therefore, the project will not result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state. Response to Xb. The eastern portion of the proposed project site lies within Mineral Resource Zone (MRZ)-2 classified lands. The Conservation and Open Space Element of the General Plan (policy 6.3) states that sand and gravel extraction is planned for selected areas of the Otay River Valley prior to and during the implementation of the Chula Vista Greenbelt. According to the State Mining and Geology Board, mineral lands classified MRZ-2 or designated as areas ofregional significance shall be protected fÌom preclusive and incompatible land uses, so that the mineral resources within these lands and areas are available when needed. As concluded in the previous Environmental Impact Report for the adjacent Chula Vista Auto Park (P&D Technologies, November 1991), "The MRZ-2 classification areas are defined where adequate information indicates that significant mineral deposits are present or where it is judged that it is a high likelihood for their presence existing." The General Plan does not specifically identify this site as an area for planned extraction. The General Plan has designated this site for industrial uses, thus effectively precluding extractive activities. As noted in the previous EIR, because the site is located in an area of mixed land use (i.e., residential, industrial) and adjacent to sensitive wetland habitat, extractive uses would not be considered a compatible land use for the site. Furthermore, increased noise impacts associated with extractive uses would be considered significant to surrounding land uses. Although the construction of the proposed project would preclude future extraction of important aggregate resources, impacts associated with the extractive uses would result in incompatibility with surrounding land uses and exposure to excessive noise levels. Therefore, the proposed project will not result in the loss of availability of locally important mineral resource recovery sites delineated on a local general plan, specific plan, or other land use plan. P/AlCV/APE/Rov.MNDfOVS"to;,..",'P! (tOiO/O') 16 IS'" '?'ì Chula Vista Auto Park Expansion Mineral Resources Mitigation No significant impacts have been identified and no mitigation is reqllired. P/Nr::v/APElRov-MND/"",u"'~-",,p' (10/9/0') 17 IS"'C¡O Chula Vista Auto Park Expansion Less Than Significant Potentially with Less Than ISSUE Significant Mitigation Significant Impact Incorporation Impact No Impact XI. NOISE. Would the project result in: a) Exposure of persons to or generation of noise levels in 0 rg¡ 0 0 excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive 0 0 0 rg¡ ground borne vibration or ground borne noise levels? c) A substantial permanent increase in ambient noise 0 0 rg¡ 0 levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in 0 rg¡ 0 0 ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, 0 0 0 rg¡ where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, 0 0 0 rg¡ would the project expose people residing or working in the project area to excessive noise levels? Comments: Implementation of the proposed project will result in noise impacts associated with construction and development operations; however, mitigation measures will be incorporated to reduce impacts to less than significant. Further discussion has been included in the MND. Noise Mitigation The MND has incorporated mitigation measures that will reduce impacts associated with the proposed Cbu1a Vista Auto Park Expansion Le.. Than Significant Potentially wUh Less Than ISSUE Significant Mitigation Significant Impad Incorporation Impad No Impad XII. POPULATION & HOUSING. Would the project: a) Induce substantial population growth in an area either 0 0 D [g] directly (e.g., by proposing new homes and businesses) or indirectly (e.g., through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, 0 0 D [g] necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating 0 0 D [g] the construction of replacement housing elsewhere? Comments: Response to XIIa. The proposed project is located in an area that has been previously disturbed. The project is an expansion of the existing Auto Park. The expansion does not represent a fundamental change to the surrounding land uses; therefore, the project will neither direct1y nor indirectly induce population growth. Response to XIlb. A majority of the project site is vacant. No housing is developed on the project site; therefore, the proposed project will not displace existing housing. Therefore, no impacts are anticipated. Response to XIlc. See response XIIb above. Population and Housing Mitigation No significant impacts have been identified and no mitigation is required. PIAlCVIAPElRov-MNDIovaUIo¡".",pl (I 019103) 19 /5 -1a- Chula Vista Auto Park Expansion Le.. Than Significant potentiaßy with Le.. Than ISSUE Significant Miligation Significant Impact Incorporation Impact No Impact XIII. PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities or the need for new or physically altered governmental facilities. the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios. response times, or other performance objectives for any of the public services: a) Fire protection? 0 0 ~ 0 b) Police protection? 0 0 ~ 0 c) Schools? 0 0 0 ~ d) Parks? 0 0 0 ~ e) Other public facilities? 0 0 0 ~ Comments: Response to XIIIa. The Chula Vista Fire Department currently meets the standard threshold for flIe/emergency medical services (EMS) protection for the proposed development area. Fire Station No.3 is located at 1410 Brandywine Avenue, within the proximity of the project site. The department staff has set the following design requirements for the proposed project: (1) a 20-foot-wide fire lane with 13.5 feet of unobstructed vertical clearance on the western side ofthe site, (2) fully sprinklered buildings, and (3) a fire flow of 1,500 gallons per minute at 20 pounds per square inch. These measures are standard requirements incorporated for all similar types of projects. With these requirements met, Fire Department staff has determined that no new facilities will be needed. The Fire Department estimates their emergency response time to the project site to be two minutes, and paramedic-level services by American Medical Response to be less than three minutes, which is consistent with the goals for providing emergency service. Development of the project site will not result in a significant impact to the fire services of the Chula Vista Fire Department. Response to XIIIb. It should be recognized that the Police Department existing level of service is deficient due to the fast growing development within the City of Chula Vista. Currently, the police department is addressing the threshold standard for deficiency by preparing a long-range strategic plan and a police facility master plan. The strategic plan will evaluate service levels, staff levels, methods of development, and any other factors related to service delivery. This will" also include an evaluation of the established threshold, which may need to be adjusted. The Chula Vista Police Department has determined that the site is located within a service area in which they will be able to serve while still maintaining their current level of services. Because the project will PINCV/APEJRov-MNDImulo;,.""pl(JOI9ID3) 20 15~q3 Chula Vista Auto Park Expansion lot cause a substantial degradation in the level of service, no significant impact would occur. The project \TÌll not change the requirement to pay public facilities fees for police services based on equivalent [welling units by development phase at the rate in effect at the time building permits are issued. There tTe no significant impacts associated with project implementation. 'tesponse to XIIIc. The proposed proj ect will not geIierate an increase in dwelling units or population in he project area. Therefore, it will not result in a direct need for new or altered school facilities or :ervices. The project is in an area served by the Chula Vista Elementary School District and the ;weetwater Union High School District. A developer fee of $0.33 per SF (or fee ill effect at the time of milding permit issuance) for nonresidential development will be imposed at the building permit stage to Iddress illdirect impacts to school facilities. Response to XIIId. The proposed project will not generate an increase in dwelling units or population in he project area. The project will not result in a need for new parks or park services; therefore, no impacts !Ie anticipated to park services. Response to XIIIe. The proposed project will not result in a need for any other new or altered ~ovemmental services. Therefore, the project will not impact any other public facilities. Public Services Mitigation Dther than payment of established fees for public facilities and adherence to established building codes, 110 significant impacts have been identified and no mitigation is required. PIAlCV/APElRov-MNDI""utoi,..",pl (1019103) 21 15,Qi ChuJa Vista Auto Park Expansion Less Than Slgnmcant Potentially with Less Than ISSUE Significant Mitigation Significant Impact Incorporation Impact No Impact XIV. RECREATION. a) Would the projèct increase the use of existing 0 0 0 [8J neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or 0 0 0 [8J require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? Comments: Response to XIVa. The proposed project will not result in additional residential development and corresponding population. Therefore, the proposed Auto Park East expansion will not increase the demand for neighborhood or regional parks or other recreational facilities and would not cause substantial deterioration in existing facilities. Response to XIVb. The proposed project does not include any recreational facilities and does not require the construction or expansion of recreational facilities that might have an adverse physical effect on the environment. The proj ect will not preclude the future designation, construction, and use of a regional trail system as part of the Otay Valley Regional Park (OVRP). It is speculative and thus infeasible to identify impacts of a future traiJ within the adjacent OVRP. Therefore, implementation of the proposed project will not result in adverse physical effects to recreation facilities. Recreational Mitigation No significant impacts have been identified and no mitigation is required. P/NCV/APElRov-MND/ov>Ulo;,-m'1" (10mO)) 22 /5-q 5 Chula Vista Auto Park Expansion less Than Significant Potentially with less Than ISSUE Signifioant Mitigation Significant Impact Inomporaoon Impact No Impad XV. TRANSPORTATIONITRAFFIC. Would the prqject: a) Cause an increase in traffic, which is substantial in 0 ~ 0 0 relation to the existing traffic load and capacity of the street system (Le., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of 0 ~ 0 0 service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including 0 0 0 ~ either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature 0 0 0 ~ (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? 0 0 ~ 0 f) Result in inadequate parking capacity? 0 0 ~ 0 g) Conflict with adopted policies, plans, or programs 0 0 ~ 0 supporting alternative transportation (e.g., bus turnouts, bicycle racks)? Comments: Implementation of the proposed project will result in transportation/traffic impacts; however, mitigation measures will be incorporated to reduce impacts to less than significant. Further discussion has been included in the MND. Transportation Mitigation The MND incorporates mitigation measures that will reduce impacts associated with the proposed project to less than significant. PINCV/APElRov-MNDIm..o¡,-""pt (1019/03) 23 /S..CJb Chula Vista Auto Park Expansion Less Than Significant Potentially with Less Than ISSUE Significant MRigaöon SIgnificant Impact Incorporaöon Impact No Impact XVI. UTILITIES & SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment requirements of the 0 0 ~ 0 applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or 0 0 0 ~ wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm 0 0 0 ~ water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the 0 0 0 ~ project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment 0 0 0 ~ provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted 0 0 ~ 0 capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and 0 0 0 ~ regulations related to solid waste? Comments: Response to XVIa. The proposed project is the implementation of the Auto Park East Specific Plan to include the development of new car dealerships, a gasoline service station with convenience store, car wash, fast-food facility, and restaurant. The Specific Plan will address the public facilities, services, and inftastructure needed to serve the project and enable the surrounding area to function properly. The proposed deve10pment is consistent with the p1anned zoning for the site and, thus, has been assumed in the p1anning for wastewater facilities. Therefore, it will not exceed wastewater treatment requirements. The project will be required to comply with the RWQCB NPDES Permit No. CA 0108758. In addition, prior to issuance of a grading permit, the project will be required to provide necessary improvements that are consistent with the applicable Master Plans (Sewer~ Water, and Drainage) and City engineering standards. PIAJCVIAPE/R,,-MNDI~uto;,-.mpt (]0I91O3) 24 I S--'1 1 . Chula Vista Auto Park Expansion Response to XVIb. Implementation of the proposed project will not result in the construction of new water or wastewater treatment facilities or expansion of the existing facilities. The proposed tentative parcel map indicates that there are existing drainage lines to serve the project site. There are storm drains that will need to be extended to adequately serve the proposed project. A sewer study will be submitted to the City Engineer to ensure that the project will provide adequate sewer capacity. Response to XVIc. The proposed tentative parcel map indicates that there are existing drainage lines to serve the project site. There are storm drains that will need to be extended to adequately serve the proposed project. The City Engineer will review and approve all offsite improvements to ensure that storm drainage is adequately addressed. Therefore, no significant impacts would result. As described in the project description, the project will include the import of 472,830 cubic yards of soil to create a level development area. All of the imported soil will be placed above the 100-year floodplain as depicted in the most recent Federal Emergency Management Act (FEMA) maps. Additionally, the project pad will include the construction of nine private storm drains, which, after passing through onsite cleaners and flow regulators, will flow into the Otay River floodplain. One municipal storm drain pipe located at the western portion of the property will be extended approximately 120 feet. Because the project includes onsite cleaners and flow regulators, there would be no impact to water quality or erosion associated with the discharge of storm water. Response to XVId. The Otay Water District provides. water services to the proposed project and has determined, based on fire flow requirements and projected land use, that sufficient supplies of water are planned to be available. Response to XVIe. The City of Chula Vista operates and maintains its own sewer collection system, which connects to the City of San Diego's Metropolitan Sewer System. It has been determined that adequate capacity exists to support the project. Response to XVIr. Solid wastes ftom the proposed project will be trucked to the Otay Landfill, which is estimated to have the capacity to receive solid wastes for the next 25 years. Additionally, waste disposal needs will be minimized by incorporation of recycling and waste reduction measures identified in the City's Source Reduction and Recycling Element of the County's Integrated Waste Management Plan (1996). Therefore, adequate capacity exists to support this project. Response to XVIg. See response XVIf above. Utilities and Service Systems Mitigation No significant impacts have been identified and no mitigation is required. P/NCVIAPElRov-MNDlmuto;s""'PI (10/9/03) 25 I 5.. 9'( Chula Vista Auto Park Expansion Less Than Significant Potentially wiIh La.. Than ISSUE Significant Mitigation Significant Impad Inco'Poration Impact No Impad XVII. THRESHOLD ANALYSIS. Would the project: a) Exceed the City's fire/EMS Threshold Standards? D D [8J D b) Exceed the City's police Threshold Standards? D D [8J D c) Exceed the City's traffic Threshold Standards? 0 [8J 0 0 d) Exceed the City's parks/recreation Threshold D D D [8J Standards? e) Exceed the City's drainage Threshold Standards? D D [8J D f) Exceed the City's sewer Threshold Standards? D D [8J D g) Exceed the City's water Threshold Standards? D D [8J D h) Exceed the City's air quality Threshold Standards? D D [8J D i) Exceed the City's economics Threshold Standards? D D D [8J j) Exceed the City's schools Threshold Standards? 0 0 0 t8J k) Exceed the City's libraries Threshold Standards? D D 0 [8J Comments: Response to XYlIa. The City's threshold standards require that fITe and medical units respond to calls within seven minutes or less in 85 percent of the cases and within five minutes or less in 75 percent of the cases. The Chula Vista Fire Department estimates their emergency response time to the project site to be two minutes and paramedic-level services by American Medical Response to be less than three minutes. The proposed project will comply with this threshold standard. See response XIIIa. Response to XYlIb. The City's threshold standards require that police units respond to 84 percent of Priority I calls within seven minutes or less and maintain an average response time to all Priority I calls of 4.5 minutes or less. Police units must respond to 62.1 percent of Priority 2 calls within seven minutes or less and maintain an average response time to all Priority 2 calls of seven minutes or less. The Chula Vista Police Station is located at 276 Fourth Avenue. The Police Department has indicated that they will be ab!e to serve the project site while still maintaining their "urrent level of service. Response to XYlIc. The traffic threshold standards require that all intersections must operate at a level of service C or better, with the exception that LOS D will occur during the peak two hours of the day at signalized intersections. The proposed project will generate 23,170 ADT, with 850 inbound! 650 outbound trips during the AM peak hour and 814 inbound/944 outbound trips during the PM peak hour at the proposed driveways. All signalized intersections in the project area are calculated to currently PI NCVI APEIR<v.MND/""uto~""'P1 (! 019103) 26 J $ø'7't Chula Vista Auto Park Expansion Jperate at LOS D or better during the AM and PM peak hours. The Main Street/Roma Court intersection s constructed, but does not currently carry traffic. Minor-street left-turn movements at the Main ~treet/Maxwell Road signalized intersection are currently calculated at LOS D or better during both the AM and PM peak hours. The Level of Service at the signalized intersections remains unchanged with the addition of project traffic, with the exception of the Main Street/I-805 southbound ramps intersection, which is calculated to degrade to LOS E during the PM hour as cumulative projects are incorporated. The project proposes to implement mitigation measures to reduce impacts associated with access to the project site and cumulative project development which are consistent with the City's threshold standards. Response to XVIId. The City's threshold standard for parks does not apply to this project. Because the proposed project does not generate dwelling units or population in the project area, it will not adversely impact City of Chula Vista threshold standards for parks and recreation. Response to XYlIe. The City's threshold standards require that storm water flows and volumes not exceed City engineering standards. Individual projects will provide necessary improvements consistent with the drainage master plan(s) and City engineering standards. The proposed project will not prevent the project ftom meeting City standards. The City of Chula Vista requires that increased runoff from urbanization be detained to levels at or below natural conditions for the 10-, 50-, and 100-year frequency storms. Future development at the project site must comply with the RWQCB's NPDES Permit No. CA 0108758. BMPs appropriate to the characteristics of the project must be employed to reduce pollutants available for transport or to reduce the amount of pollutants in runoff prior to discharge to a surface water body. The project will not result in any significant changes to the drainage patterns, and implementation ofBMPs will result in storm water discharge volumes which meet the established City threshold. Response to XYlIC. The threshold standards. require that sewage flows and volumes not exceed City engineering standards. City engineers have indicated that existing facilities are adequate to serve the proposed project. A sewage participation fee will be paid to the City for each phase of the project at the time of connection to the public sewer. Therefore, the project is in compliance with the threshold standards. Response to XYlIg. The threshold standards require that adequate storage, treatment, and transmission facilities are constructed concurrently with planned .growth and that water quality standards are not jeopardized during growth and construction. The proposed project will use the water services of the Otay Water District, which has determined that supplies of water will be available and supplied through two 8-inch mains which serve the project site. There are no new facilities required, except for the addition of three 2-inch and three I-inch water main connections and meters located within the site. The proposed project will comply with water conservation measures by (1) fitting restrooms with low- flow showerheads and toilets; (2) landscaping areas with drought-tolerant plants; and (3) installing efficient irrigation systems, such as soil moisture sensors and drip irrigation. This will avoid any significant impacts. Response to XVIIh. The threshold standard for air quality states that "the City shall annually provide the San Diego Air Pollution Control District with a 12- to 18-month development forecast and request an evaluation of its impact on current and future air quality management programs, along with recent air PfNCYfAPEJR,..MNDfmuto;,.,mp' (1019103) 27 /5../00 Chula Vista Auto Park Expansion quality data. The growth forecast and APCD response letters shall be provided to the Growth Management Ordinance (GMO) for inclusion in its annual review." The Regional Air Quality Strategy is based on growth projections derived ftom community and general plan land use designations. The project area parcels are in the City of Chula Vista, which is within the San Diego Air Basin. The 1991/1992 RAQS, as revised by the required 1994 triennial update, is being implemented by APCD throughout the air basin. If a project is consistent with the City's General Plan, it can be considered. consistent with the growth assumptions in the RAQS (State of California 1998). The proposed project is generally consistent with Chula Vista's General Plan. Therefore, the proposed project is consistent with the growth assumptions in the RAQS. The proposed project is not growth inducing, and has been designed to accommodate transit planning principles and pedestrian routes as part of the project plan. Therefore, the proposed project is consistent with the goals and objectives of the RAQS and satisfies the threshold standard for air quality. Response to XVIIi. The goal for economics is "to provide land uses and activities which respond to the economic needs of the residents and the City ofChula Vista." The threshold standard is as follows: 1. The City shall be provided with an annual fiscal impact report that provides an evaluation of the impacts of growth on the City, in terms of both operation and capital improvements. This report shall evaluate actual growth over the previous 12-month period, as well as projected growth over the next 12- to l8-monthperiod and 3- to 5-yearperiod. 2. The City shall be provided with an annual economic monitoring report that provides an analysis of economic development activity and indicators over the previous l2-month period, as well as projected growth over the next 12- to l8-month period and 3- to 5-year period. The existing fiscal analysis for the project area estimated City revenues, expenditures, and the resulting net fiscal impact on the City, which was determined to be positive. All of the relevant City threshold issues are evaluated in the report, which is available for review at the Planning Department, 276 Fourth Avenue, Chula Vista, California 91910. The proposed project would not significantly affect the existing fiscal analysis, except to increase the income-producing potential of the area. This is considered a positive impact. Response to XVIlj. The City's goal with respect to .schools is "to ensure that the Chula Vista City School District and Sweetwater Union High School District have the necessary school sites and funds to meet the needs of the students in new development areas in a timely manner". The proposed project would not result in the construction of any residential units and would not add to the City's school population. Therefore, the threshold standard for schools is not applicable to the project and causes no impact. Response to XVIIk. The goal for the libraries is to "provide a high quality, contemporary library system which meets the varied needs of the community". The threshold standard for the population ratio for library facilities is to provide 500 square feet (gross) of adequately equipped and staffed libraries per 1,000 population. The proposed project would not result in the construction of any residential units and PINCV/APElRov-MND/mutois-.",pt (101"03) 28 I 5- /01 Chula Vista Auto Park Expansion rould not add to the city's population. Therefore, the threshold standard for libraries is not applicable to le project and causes no impact. :hresholds Mitigation CVila. The proposed project shall be conditioned to pay public facilities fees for fire services at the rate n effect at the time building permits are issued. (VIIb. The proposed project shall be conditioned to pay public facilities fees for police services at the .ate in effect at the time building permits are issued. x:vIIc. The proposed project shall implement the following mitigation measures as a condition of the Tentative Map associated with access-related impacts: 1. Prior to issuance of building permits, the applicant shall enter into an agreement with the City to design, construct, and secure a fully actuated traffic signal including interconnect wiring, mast arms, signal heads, and associated equipment, underground improvements, standards, and luminaries at the Main Street/Roma Court intersection. Design of the intersection should include a westbound 250-foot left turn lane and a 90-foot transition. The traffic signal at the Main Street/Roma Court intersection should provide protected east/west left-turn phasing and permitted north/south left-turn phasing. The northbound approach shall be striped with a dèdicated left-turn lane and a 20-foot-wide shared through/right lane. 2. Prior to issuance of building permits, the applicant shall enter into an agreement with the City to design, construct, and secure a fully actuated traffic signal, including interconnect wiring, mast arms, signal heads, and associated equipment, underground improvements, standards, and luminaries at the Main Street/Maxwell Road intersection. Design of the intersection should include a westbound 250-foot left turn lane and a 90-foot transition. The northbound approach shall be striped with a dedicated left-turn lane and a 20-foot-wide shared through/right lane. The southbound approach (from Maxwell Road) shall provide a shared leftfthrough lane and a dedicated right-turn lane to allow for landfill traffic to make right tums on red. 3. Prior to issuance of building permits the applicant shall enter into an agreement with the City to design, construct, and secure a left turn pocket at Main Street/Brandywine Avenue. Design should include a length of 250 feet with a 90-foot transition at all left-turn lanes at the Main Street/Brandywine Avenue off site. 4. Coordinate the new Roma Court and Maxwell Road traffic signals with the existing traffic signals at Brandywine Avenue and Nirvana Avenue. 5. Dedicate right-of-way along the project frontage on Main Street to Prime Arterial standards. 6. Prior to issuance of building permits, the applicant shall enter into an agreement with the City to design, construct, and secure a 200-foot eastbound right turn lane on Main Street at the following intersections: PINr::vIAPElRov-MNDImuto¡,."""t(10191O3) 29 I '5'- / Dd- Chula Vista Auto Park Expansion . Auto Park Court . Roma Court . Auto Parkway . Auto Park Drive (south side ofMaxwe1l Road) Dedicated right-turn lanes shall be a minimum of 200 feet long, 12 feet wide, with a 90-foot transition, if possible. The longer storage length will provide extra storage and more length for vehicles to decelerate within the turn lane and not within the through lanes on Main Street. The relatively long storage lengths have been recommended since Main Street is a six-lane facility with a posted speed limit of 50 MPH. The following measure wi1l mitigate the cumulative impact at the Main Street/I-805 southbound ramp intersections. 7. Prior to issuance of building permits, the applicant shall contribute to the Traffic Development Impact Fund (TDIF) toward the construction of a second westbound left-turn lane to be provided at the Main Street/I-805 southbound ramp intersection. These measures would facilitate traffic flow and allow for all intersections in the study area to operate at LOS C or better at non-peak hours and LOS D during peak hours of the day, which are consistent with the City's threshold standards. XVlld. No mitigation is required. XVIle. No mitigation is required. XVIIf. The proposed project shall be conditioned to pay public facilities fees for sewer services at the rate in effect at the time building permits are issued. XVIIg. No mitigation is required. XVITh. No mitigation is required. XVIIi. No mitigation is required. XVllj. No mitigation is required. PI AlCVIAPEIR".MNDi,~u,,;s.""Pt (' 019103) 30 /5Þ/0.3 Chula Vista Auto Park Expansion Less Than Significant Potentially ..th Less Than ISSUE Significant Mitigation Significant Impact Incorpo",tion Impact No Impact <VIII. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the 0 ~ 0 0 quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of Califomia history or prehistory? b) Does the project have the impacts that are individually 0 ~ 0 0 limited, but cumulatively considerable? (.cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) c) Does the project have environmental effects, which 0 0 ~ 0 will cause substantial adverse effects on human beings, either directly or indirectly? Comments: Response to XVIlla. Section N and V of this Initial Study determined that the proposed project will have a significant environmental effect on Biological Resources and potential impacts to Cultural Resources. However, mitigation shall be incorporated to reduce impacts to less than significant. Further discussion has been included in the MND. The MND has incorporated mitigation measures that shall reduce impacts associated with the proposed project to less than significant. Response to XVIIIb. The proposed project, in combination with adjacent land uses, would result in cumulative impacts to Transportation/Circulation. However, as discussed in the MND, mitigation measures shall be incorporated by the City of Chula Vista to reduce cumulative impacts to less than significant. Response to XVIIIc. As noted in Section VII of this Initial Study, the MND addresses the potential environmental effect on human beings, either directly or indirectly. However, mitigation will be incorporated to reduce impacts to less than significant. Further discussion has been included in the MND. The MND has incorporated mitigation measures that will reduce impacts associated with the proposed project to less than significant. Therefore, the proposed project will not result in substantial adverse effects to human beings, either directly or indirectly. P/NCVIA.PEIR<v-MND/mu";","'pt (tOI9/0') 31 /5-/oLf Chula Vista Auto Park Expansion XIX. PROJECT REVISIONS OR MITIGATION MEASURES The mitigation measures have been incorporated into the project and will be implemented during the future design, construction, or operation of the project. These measures include the following: Air Quality Mitigation . Use low-pollutant-emitting construction equipment. . Use electrical construction equipment determined by the City Engineer. . Use catalytic reduction for gasoline-powered equipment. . Use injection timing retard for diesel-powered equipment. . Water the construction area twice daily to minimize fugitive dust. . Stabilize (for example, hydroseed) graded areas as quickly as possible to minimize fugitive dust. . Pave pepnanent roads as quickly as possible to minimize dust. . Use electricity from power poles instead of temporary generators during building construction. . Implement track-out control as follows: a. Apply chemical stabilizer or pave the last 100 feet of internal travel path within a construction site prior to public road entry. b. Install wheel washers adjacent to a paved apron prior to vehicle entry on public roads. c. Remove any visible track-out into traveled public streets within 30 minutes of occurrence. d. Wet wash the construction access point at the end of each workday if any vehicle travel on unpaved surfaces has occurred. e. Provide sufficient perimeter erosion control to prevent washout of silty material onto public roads. . Cover haul trucks or maintain at least 12 inches of freeboard to reduce blowoff during hauling. . Suspend all soil disturbance and travel on unpaved suÍfaces if winds exceed 25 mph. PI NCVI APEJR<v.MNDI,~uto;,-.mpt (1019103) 32 /5-JDS Chu1a Vista Auto Park Expansion :iological Resources Mitigation 1itigationfor Direct Impacts Vetlands \. habitat restoration program shall be required that wi1l inc1ude a minimum of 1:1 habitat creation for all rnpacts to jurisdictional waters and wetlands (USACOE and CDFG). In addition, impacts to riparian :crub and southern winow scrub shan be mitigated through creation, enhancement, or restoration for a otal mitigation ratio as shown in the table below. The restoration p1an will be prepared (by the applicant) 0 the satisfaction of the City. Additiona1ly, prior to issuance of a grading permit, the applicant will be -esponsib1e in showing evidence. of receiving RWQCB 401 Certification, USACOE 404 Permit, and :DFG 1603 Agreement. Com ensatory Mitigation Project Mitigation Mitigation Wetlands Effects (Acre) Ratio (Acres) Riparian Scrub* 0.18 3:1 0.54 Southern Willow Scrub 0.02 3:1 0.06 Tamarisk Scrub* 0.26 2:1 0.52 Total 0.46 - 1.12 *Includes disturbed phases of this vegetation type. Upland Habitat There are no direct impacts to the sensitive up1and habitats; therefore, there are no mitigation measures required. Sensitive Anima1s No raptors (generally December through June) or other migratory species nests (March through September) shall be disturbed in accordance with the Migratory Bird Treaty Act. A buffer of a minimum 300 feet shall be established around any raptor nest if occupied during construction activities to avoid indirect impacts. Mitigationfor Indirect Impacts Noise Significant impacts related to construction noise win be avoided by limiting construction work to outside of the LBV's typica1 breeding season (February 15 to August 15); this restriction would a1so avoid/minimize the possibility of indirectly impacting any other potentia1ly occurring sensitive riparian birds (such as southwestern willow flycatcher) that may be uti1izing/nesting in the adjacent wetlands- According to the noise report for the project (Giroux & Associates 2002), "If construction is performed during the LBV nesting/breeding season, and LBVs are found nesting within 500 feet of the nearest point PI NCVI APEIRov.MNDIo..u"'¡'.""Pt (1 O1'J1O3) 33 /5r/{)(p Chu1a Vista Auto Park Expansion of equipment operations, a noise mitigation plan shall be submitted and approved by the City's Environmenta1 Review Coordinator. Such a plan win identify the noise mitigation measures to be utilized, and the protocols to be employed to monitor noise protection compliance." Therefore, the appEcant win also retain a biologica1 monitor to be present during construction activities affecting jurisdictional areas during the nesting season. If any significant effect is observed that further construction be conducted outside of the nesting season. Where noise impacts cannot be completely avoided, a noise monitoring program shall be deve10ped in consultation with the USFWS and the CDFG. In addition, the report states, "Dea1ership operations noise win be mitigated as fonows: . An services and repair activities shan be conducted within the service bays that are shielded ftom the adjacent riparian habitat. . Outdoor loudspeakers will not be instal1ed. An employee paging shal1 be through personal communication devices." Based on the dealership operations noise analysis provided by Giroux & Associates, after incorporating the above mitigation measures, the estimated operational noise 1eve1 would be 50 dB at the habitat edge and 40 dB toward the center of the wetlands. Both of these estimates fan below the 60-dB noise impact threshold for LBV. Human Encroachment To avoid significant impacts ftom human encroachment/visual threats during the use of the project, a barrier, such as a split-rail fence, shan be constructed at the top of the "keystone" masonry wan, between the entire length of the boundary between the proj ect and the wetlands. To reduce impacts associated with the "keystone" masonry wan, the wall would be screened with a barrier planting consisting of either noninvasive ornamental materia1 and/or native trees/shrubs. Landscape p1ans shall be reviewed and approved by the City's Environmental Review Coordinator and the project biologist prior to instal1ation and the plantings. The landscaping shall be monitored twice during the first year to ensure that the plantings are providing an effective visual barrier. If the barrier p1antings fail to survive and/or the plants do not adequately screen the wetlands, then additional plantings or s01id wall instanation would be required, as directed by the project biologist. These measures shall be made a condition of the landscape p1an. Additionally, there will be no easy public access to the project site that would faci1itate illega1 dmnping. The car 10ts will be under 24-hour, seven day a week security monitoring. The fencing along the southern border of the project site shan be installed to protect adjacent habitat ftom illegal dmnping. The landowner and the City of Chula Vista shall prevent and enforce il1ega1 entry into the adjacent wetland habitat. Lighting The adverse effects of project lighting would be mitigated to be10w a level of significance by uti1izing shie1ded fixtures that are oriented away from the adjacent wet1and habitats. The project biologist shan evaluate all Eghting (at night) to ensure that native habitats are not incidentally il1mninated. Any lighting PINCV/APEJR".MND/,wuto;,.,"'pl (1019/03) 34 15-;07 Chula Vista Auto Park Expansion lesign plans that intend to utilize overhead High Intensity Discharge (HID) lighting (e.g., high-pressure ;odium, metal halide, mercury vapor, etc.) fixtures in areas proximal to (within 50 feet or less of) the ;vetlands must be reviewed and approved by the project biologist prior to installation. lnvasive Species Plants. Significant impacts to surrounding (nonimpacted) wetland vegetation will be avoided by using noninvasive and/or native plant material in the project landscaping palette. Landscape plans shall'be reviewed by the project biologist prior to the installation of plant materia1. Animals. To avoid significant impacts from the inadvertent attraction/promotion of exotic or otherwise deleterious animal species, all garbage cans and dumpsters containing food refuse shall be set back ftom the nearest wetlands by a distance of no less than 100 feet and be tightly covered and securely locked when not in use. In addition, the use of outdoor restaurant/other food service seating shall be prohibited within 100 feet of the nearest wetland area. Urban Runoffi'Water Quality Impacts Significant urban runof£'water quality impacts will be reduced to below a level of significance by implementing the following mitigation measures: 1. Prior to issuance of grading permits, the applicant shall complete all applicable forms and comply with the City of Chula Vista's Storm Water Management Standards Requirements Manual. 2. Prior to the issuance of grading permits, the applicant shall demonstrate to the satisfaction of the City Engineer that Best Management Practices (BMPs) will be implemented to prevent pollution of the storm water conveyance systems, both during and after construction. Permanent storm water requirements shall be incorporated into the project design and be shown on the project plans. Any construction and nonstructural BMP requirements that cannot be shown graphically must be either noted or stapled on the plans. 3. The project shall cornply with the City's requirements and the National Pollutant Discharge Elimination System (NPDES). Standard Urban Stotm Water Mitigation Plans (SUSMP) and Numeric Sizing Criteria are applicable to this project. Adequate provisions shall be made in the planning and design stages of the project to facilitate compliance with such requirements. 4. Prior to the issuance of grading permits, a water quality study shall be reviewed and approved by the City Engineer that demonstrates compliance with the requirements of the NPDES Construction and Municipal Permits, including SUSMP and Numeric Sizing Criteria requirements, in accordance with the City's Manual. PI NCV I APElRov-M1'IDIovouto¡,..""" (J 019103) 35 /t;-IO'g Chula Vista Auto Park Expansion ~ultural Reso\lrces Mitigation Archaeology An archaeological monitor shall be onsite during an excavation activities. In the event that cultural resources are identified .(other than those apparently deposited during the import of the prior fill), the archaeologist shall be authorized to divert the construction activities, investigate the cultural resources, and salvage material to ascertain the significance of any site. With the incorporation of the mitigation measure, the impacts are reduced to below a level of significance. Paleontology A paleontologist and/or paleontological monitor to be retained to monitor construction prior to any cutting within sensitive formations. This area is known to be underlain by one such strata: Otay Formation. If grading is to occur within the Otay Formation, a qualified paleontologist and/or paleontological monitor shan be onsite during the initial grading to inspect for well-preserved fossils. In the event well-preserved fossils are found, the paleontologist shall have the authority to divert, direct, or temporarily halt construction activities in the a"rea of discovery to allow recovery of fossil remains in a timely manner. Hydrology and Water Quality Mitigation Significant urban runof£'water quality impacts will be reduced to below a level of significance by implementing the following mitigation measures: 1. Prior to issuance of grading permits, the applicant shan complete all applicable forms and comply with the City of Chula Vista's Storm Water Management Standards Requirements Manual. 2. Prior to the issuance of grading permits, the applicant shall demonstrate to the satisfaction of the City Engineer that Best Management Practices (BMPs) will be implemented to prevent pollution of the storm water conveyance systems, both during and after construction. Permanent storm water requirements shall be incorporated into the project design and be shown on the project plans. Any construction and nonstructural BMP requirements that cannot be shown graphically must be either noted or stapled on the plans. 3. The project shall comply with the City's requirements and the National Pollutant Discharge Elimination System (NPDES). Standard Urban Storm Water Mitigation Plans (SUSMP) and Numeric Sizing Criteria are applicable to this project. Adequate provisions shall be made in the planning and design stages of the project to facilitate compliance with such requirements. 4. Prior to the issuance of grading permits, a water quality study shall be reviewed and approved by the City Engineer that demonstrates compliance with the requirements of the NPDES Construction and Municipal Permits, including SUSMP and Numeric Sizing Criteria requirements, in accordance with the City's Manual. PI AlCVI APEIR,,-MND/,~uw;,-.mpl (J 019/03) 36 J c; - / DC; Chula Vista Auto Park Expansion ~oise Mitigation ;hort-term construction noise intrusion will be limited as a condition of the Grading Pennit and Tentative vlap to weekday and Saturday hours between 7:00a.m. and 7:00 p.m. Those same permits will also specify :onstruction access routing to restrict construction truck traffic past any existing residential or other noise- òensitive uses in the vicinity of the project area. \1itigation measures associated with noise impacts on the adjacent biological resources shall be mitigated in accordance with measures listed under Biological Resources Mitigation. Geology/Soils Mitigation A geotechnical report was prepared by Geotechnics Incorporated (April 2001) detailing rneasures to be implemented prior to and during site preparation and construction. These recommendations are based on empirical and analytical methods typical of the standard practices implemented in southern Califomia. By incorporating the recommendations of that report into the final project plans, impacts to geology/soils would be reduced to less than significant. Furthermore, the geotechnical engineer and engineering geologist shall review the grading plans prior to finalization to verify that the grading plans are in compliance with the recommendations of the Geotechnics report and determine the necessity for additional recommendations and/or analysis. This measure shall be placed as a condition on all grading permits. No additional mitigation measures are required. HazardslHazardous Materials Mitigation Based on the analysis prepared by LDR in determining potential hazards resulting from initiation of project development, the following mitigation measures will reduce impacts to less than significant: . Random sampling and testing of the existing fill will be conducted. This sampling and testing event will occur subsequent to grading operations. The results ftom this testing will be submitted to the City for review. This measure will be required as a condition of the grading permits. Transportation Mitigation The following are access-related mitigation measures and will be placed as a condition of the Tentative Map: 1. Prior to issuance of building permits, the applicant shall enter into an agreement with the City to design, construct, and secure a fully actuated traffic signal including interconnect wiring, mast arms, signal heads, and associated equipment, underground improvements, standards, and luminaries at the Main Street/Roma Court intersection. Design of the intersection should include a westbound 250-foot left turn lane and a 90-foot transition. The traffic signal at the Main Street/ Roma Court intersection should provide protected east/west left-turn phasing and permitted north! PI NCVI APEIR".MND/muto;s..",pt (1019103) 37 I $- //0 Chula Vista Auto Park Expansion south left-turn phasing. The northbound approach shall be striped with a dedicated left-turn lane and a 20-foot-wide shared through/right lane. 2. Prior to issuance of building permits, the applicant shall enter into an agreement with the City to design, construct, and secure a fully actuated traffic signal, including interconnect wiring, mast arms, signal heads, and associated equipment, underground improvements, standards, and luminaries at the Main StreetlMaxwell Road intersection. Design of the intersection should include a westbound 250-foot left turn lane and a 90-foot transition. Modify the traffic signal at the Main StreetlMaxwel1 Road intersection. The northbound approach shall be striped with a dedicated left-turn lane and a 20-foot-wide shared through/right lane. The southbound approach (from Maxwell Road) shall provide a shared throughl1eft lane and a dedicated right-turn lane to allow for landfill traffic to make right turns on red. 3. Prior to issuance of building permits the applicant shall enter into an agreement with the City to design, construct, and secure a left turn pocket at Main Street/Brandywine Avenue. Design should include a length of 250 feet with a 90-foot transition at all left-turn lanes at the Main Street/Brandywine Avenue offsite. 4. Coordinate the new Rorna Court and Maxwell Road traffic signals with the existing traffic signals at Brandywine Avenue and Nirvana Avenue. 5. Dedicate right-of-way along the project ftontage on Main Street to Prime Arterial standards. 6. Prior to issuance of building permits, the applicant shall enter into an agreement with the City to design, construct, and secure a 200 foot eastbound right turn lane on Main Street at the following intersections: . Auto Park Court . Roma Court . Auto Parkway . Auto Park Drive (south side of Maxwell Road) Dedicated right-turn lanes shall be a minimum of 200 feet long, 12 feet wide, with a 90-foot transition, if possible. The longer storage length will provide extra storage and more length for vehicles to decelerate within the turn lane and not within the through lanes on Main Street. The relatively long storage lengths have been reconunended since Main Street is a six-lane facility with a posted speed limit of 50 MPH. The following measure will mitigate the cumulative impact. at the Main Street/I-80S southbound ramps intersection. 7. Prior to issuance of building permits, the applicant shall contribute to the Traffic Development Impact Fund (TDIF) toward the construction of a second westbound left-turn lane to be provided at the Main Street/]-805 southbound ramp intersection. PIA/CVIAPEIR,,-MNDlmu<O;Hmpt (JOf'I") 38 /r¿;-III Chula Vista Auto Park Expansion XX. AGREEMENT TO IMPLEMENT MITIGATION MEASURES By signing the line provided below, the Applicant(s) and/or Operator(s) stipulate that they have each read, understood, and have their respective company's authority to and do agree to the mitigation measures contained herein and will implement same to the satisfaction of the Environmental Review Coordinator. Failure to sign the line provided below prior to posting of this Mitigated Negative Declaration with the County Clerk shall indicate the Applicant's and/or Operator's desire that the Project be held in abeyance without approval and that the Applicant(s) and/or Operator(s) shall apply for an Environmental Impact Report. ~ ~C)- 10 - a.3 Date r~.4::> 1-- &~J \- ß?~-\- -¡-~1' I 1="1<13 k::. !--f-, Nl> Printed Name Agent For XXI. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this Project, involving at least one impact that is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated," as indicated by the checklist on the preceding pages. 0 Aesthetics 0 Agriculture Resources ¡¿s¡ Air Quality ¡¿s¡ Biological Resources ¡¿s¡ Cultural/ Paleontological Resources ¡¿s¡ Geology / Soils ¡¿s¡ Hazards & Hazardous Materials ¡¿s¡ Hydrology / Water Quality 0 Land Use / Planning 0 Mineral Resources ¡¿s¡ Noise 0 Population / Housing 0 Public Services 0 Recreation ¡¿s¡ Transportation / Traffic 0 Utilities / Service Systems 0 Mandatory Findings of Significance XXll.DETERNITNATION On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, 0 and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, ¡¿s¡ there WILL NOT be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that although the proposed project MAY have a significant effect on the environment, 0 and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a significant effect(s) on the environment, but at 0 least one effect: 1) has been analyzed adequately in an earlier EIR pursuant to applicable standards. and 2) has been addressed by mitigation measures based on the earlier analysis PI NCVI APEIR".MNDi'~"to;'-"'<p1 (I 0/9/03) 39 /5...1/ã- Chula Vista Auto Park Expansion as described on attached sheets, if the effect is a .potentially significant impacts" or .potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, 0 there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards' and (b) have been avoided' or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. An addendum has been prepared to provide a record of this determination. ~g~V¿?~~' Lf/c?l /o{ Daté I Marilyn Ponseggj City of Chula Vista Printed Name Agent For PINCV/APElR"-MNDIcwulou-a",,,t (IO19/Q3) 40 15-113 ._--~~----- \ .!!§ ~ ~ ~ ~ ~ :9.. ~ ~ ~ ~ ~ ., 1â ..c:: ..c:: ..c:: ..c:: ..c:: =;" U U U U U 8. 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OJ> ~.,p..p.. = ,- ] ,,¡:: = ..c:: ~ E-< Q 8] § 15-I~fp u ATTACHMENT E RESOLUTION NO. PCM-O2-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA RECOMMENDING THAT THE CITY COUNCil. ADOPT A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM (18-02-010) AND INTRODUCE AN ORDINANCE APPROVING A SPECIFIC PLAN (pCM-O2-10) FOR THE AUTO PARK EAST EXPANSION (FRED BORST, BORST FAMILY TRUST,AND FASK LAND). WHEREAS, a duly verified application for a Specific Plan was filed with the City of Chula Vista Planning and Building Department; and WHEREAS, the application requests the adoption of a Specific Plan for the development of the Auto Park East Expansion on approximately 31 acres of land on the south side of Main Street between Brandywine Avenue and Maxwell Road and represented on ExhIbit "A"; and WHEREAS, the Specific Plan would implement the Redevelopment Plan for the Otay Valley Road Redevelopment Project Area; and WHEREAS, the Specific Plan would be consistent with the General Plan; and WHEREAS, a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS- 02-010) has been prepared in accordance with the requirements of the CalifomiaEnvironmental Quality Act, the State CEQA Guidelines, and the Environmental Review Procedures of the City ofChula Vista; and WHEREAS, the Planning Director set the time and place for a hearing on said application and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailing to property owners within 500 feet of the exterior boundaries of the property at least ten days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely on Apri128, 2004 at 6:00 p.m. in the City Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and WHEREAS, the Planning Commission considered all reports, evidence, and testimony presented at the public hearing with respect to the application. NOW, THEREFORE, BE IT RESOLVED THAT TIlE PLANNING COMMISSION does hereby recommend that the City Council adopt a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (lS-02-O 1 0), based on the findings and conditions contained therein for the Auto Park East Specific Plan. BE IT FURTHER RESOLVED THAT TIlE PLANNING COMMISSION does hereby find that the proposed Auto Park East Specific Plan is consistent with the City ofChula vista General Plan and is supported by public necessity, convenience, general welfare, and good zoning practice. I 5-1 ~7 ----0 ----- ---~---_o_----_. Resolution No. PCM-O2-10 Page No.2 BE IT FUR11ŒR RESOLVED THAT THE PLANNING COMMISSION does hereby recommend amending Specific Plan (pCM-O2-l0), Section ID. Development Standards, Subsection F. Landscaping, by requiring landscape plans to be submitted to the Otay Valley Regional Park Citizens Advisory Committee for comment BE IT FURTHER RESaL VED THAT THE PLANNING COMMISSION does hereby recommend that the trails easement alignment be submitted to the to the Otay Valley Regional Park Citizens Advisory Committee for review prior to final map approval. BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION does hereby recommend that the City Council adopt an ordinance approving Specific Plan (pCM-02-l0) incorporating the above identified amendments for the Auto Park East Expansion. BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 28th day of April, 2004, by the following vote, to-wit: AYES: NOES: ABSENT: ABSTAIN: Steve Castaneda, Chair ATTEST: Diana Vargas, Secretary J5-J~f? EXHIBIT A OF PLANNING COMMISSION RESOLUTION NO. PCM-02-10 ~/ I ~~¡ 1,...1 , I' II" . ---~~ (~ R I ~---¡ I ~;¡¡Ii! , !!i' ¡¡ \ a Ii¡ . , , : ~ e ~ ,I , I ~h Ii; ...... 11~; ////. :\1' !oi !i! i I .1 ~w~ ~tI II /, I'~ oC¡!:c . . I CIllO to ~ ø ¡ , " ~iil:c Ÿ ¡ I ~~~ / : ~=i (I I ~ 0 : u ,~ ~ I ~i I J ~ 'I-ï-' I:! I ~ f II ¡~! I: I .' I ..,,~ , ---J ~I~ i I ----~i I ! ~J --- ! !I :- I I ' . !I I I I, ~:!I III : II ill , Ii s ~ ~ü I r I I .. - I~ ' ~ , ' .. -...-----~ ! I -z- ~ ¡ : i i ~ I I ' I s I ~ " ¡ I ! ¡ I ~ ~1"1 I I I, 10 ; I I ~-~~_~1====== 'I ~ ! II fW'\ ~~ u~ I '.\ ~hUI -,------- J5-/d.9 RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM (IS-O2-010) FOR THE AUTO PARK EAST SPECIFIC PLAN (PCM-O2-10) (FRED BORST, BORST FAMILY TRUST, AND FASK LAND). WHEREAS, the areas of land, which are the subject of this Resoiution, are represented in Exhibit "A" and for the purpose of general description herein consist of approximately 31 acres on the south side of Main Street between Brandywine Avenue and Maxwell Road ("Project Site"); and WHEREAS, on September 5, 2001, Fred Borst, Borst Family Trust, and Fask Land ("Developer") filed an application requesting an Initial Study for Specific Plan (PCM-02-10) for the development of auto dealerships and supporting uses on the Project Site ("Project"); and WHEREAS, the Environmental Review Coordinator conducted an Initial Study in accordance with the Califomia Environmental Quality Act and determined that the Project could potentially result in significant impacts; and WHEREAS, revisions to the Project made by or agreed to by the Applicant would avoid or mitigate the impact to a point where clearly no significant impacts would occur, and WHEREAS, the 30-day public review and comment period, including the State Clearinghouse review period for State agencies, for the Mitigated Negative Declaration closed on November 14, 2003; and WHEREAS, the Resource Conservation Commission held an advertised public hearing on October 20, 2003, determined that the Initial Study was adequate, and voted to recommend that the City Council adopt the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-02-010) for Specific Plan (PCM-02-1 0); and WHEREAS, the proceedings and all evidence introduced before the Resource Conservation Commission at their public hearing held on October 20, 2003, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding; and WHEREAS, the Planning Commission held an advertised public hearing on this Project on April 28, 2004, and voted to recommend that the City Council adopt the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-02-010) for Specific Plan (PCM- 02-10); and WHEREAS, the proceedings and all evidence introduced on this Project before the Planning Commission at their public hearing held on April 28, 2004, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding; and WHEREAS, a duly called and noticed public hearing was held before the City Council on May 18, 2004 on the Specific Plan application to receive the recommendations of the Planning Commission and to hear public testimony with regard to the same; and WHEREAS, the City Council at said hearing also took testimony, if any, and considered the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby find, determine and resolve for following: /5- / 3 D Resolution No. Page 2 The City Council does hereby find that, in the exercise of their independent review and judgment, the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (15-02-010) for the requested Specific Plan for the Auto Park East Development have been prepared in accordance with requirements of the Califomia Environmental Quality Act (CEQA), the State CEQA Guidelines, and the Environmental Review Procedures of the City of Chula Vista, and hereby adopts the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (15-02-010). Presented by Approved as to form by ~ Laurie Madigan Ann oore Community Development Director City ttorney /'5-¡-8/ EXHIBIT A OF CITY COUNCIL RESOLUTION NO. G ~. / ! W~.~.¡. I~' , I I ~ ~ .. . ----.,.:...... I I ~ "' ~ ~~-/ I I.J ~. ~. !! , !!i'" I a ~ . , I I k ~~ ~ ! I \ ~h t; 71 \ 11)"< ~ l~ I \ ~ ...... 1L ..~' '\1 Do.;! / ' 1- o...¡s i §' : I 5!f1~ , ,; I. ! ' /. ~~~ 0 ~ S / I , . ~;¡¡:< v, il ~:;~ I ,0 (1 ! i1i ~ J w i ~~ I : ~ 'r.-ì §~ I ~ ! Ii i ~i : I r I "<>-i I , --_J ~I~ i I lJIIm.-~~ i I ! . ~ .~. if _lJIIm- ! ! I : I I . ' . ~ , I tl' ~: II III , : I ill , 1/ 8 ~ q¡ , r I I .. t. 'I: ' ~ --ori~ì i. -z- ~ " i : i ' ~ ¡ I i I ~ ¡ I ~ i I ~ ~ I¡"~J , I ., " ~II 1 -- 1_____- . I ! ,---\\------- JI ~ ! ~ N,;\\ ~~ u~ I '.\ ~hHI -------- ¡ . S... ¡ 3':)... ORDINANCE NO. - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A SPECIFIC PLAN (PCM-02-10) FOR THE AUTO PARK EAST EXPANSION (FRED BORST, BORST FAMILY TRUST, AND FASK LAND). I. RECITALS A Project Site WHEREAS, the areas of land, which are the subject of this Ordinance, are represented in Exhibit 'A" and for the purpose of general description herein consist of approximately 31 acres on the south side of Main Street between Brandywine Avenue and Maxwell Road ('Project Site'); and B. Project; Application WHEREAS, on September 5, 2001, Fred Borst, Borst Family Trust, and Fask Land ('Developer) filed an application requesting the adoption of a Specific Plan (PCM-O2-10) for the development of auto dealerships and supporting uses on the Project Site ('Project"); and C. Planning Commission Record on Applications WHEREAS, the Planning Commission held an advertised pubiic hearing on this Project on April 28, 2004; and WHEREAS, the Planning Commission recommended amending Specific Plan (PCM-02- 10), Section III. Development Standards, Subsection F. Landscaping, by requiring landscape plans to be submitted to the Olay Valley Regional Park Citizens Advisory Committee for comment; and WHEREAS, the Planning Commission recommended that the trails easement alignment. be submitted to the to the Otay Valley Regional Park Citizens Advisory Committee for review prior to final map approval; and WHEREAS, the Planning Commission voted to recommend that the City Council adopt the Amended Specific Plan (PCM-02-10); and WHEREAS, the proceedings and all evidence introduced on this Project before the Planning Commission at their public hearing held on April 28, 2004,- and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding; and D. City Council Record on Applications WHEREAS, a duly called and noticed public hearing was held before the City Council on May 18, 2004 on the application and to receive the recommendations of the Planning Commission and to hear public testimony with regard to the same. II. The City Council does hereby ordain as follows: The City Council does hereby adopt Auto Park East Specific Plan (PCM-02-10), attached hereto (Exhibit 'B") and incorporated herein as though set forth in full, finding that the proposed automobile sales and supporting land uses are permitted by the implementing zone and therefore consistent with the General Plan and wouid implement the Auto Park expansion program of the 15-J3~ Ordinance No. Page 2 Redevelopment Plan for the Otay Valley Road Redevelopment Project Area, and that the public necessity, conveniences, general welfare, and good zoning practice supports its approval and implementation. III. 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 anyone or more terms, provisions, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, this Ordinance shall be deemed to be automatically revoked and of no further force and effect ab initio. IV. Adoption of this Ordinance (Second Reading) is conditioned upon the approval by the Redevelopment Agency of the City Of Chula Vista of an Owner Participation Agreement between the Developer and the Redevelopment Agency. V. This ordinance shall take effect and be in full force on the thirtieth day from and after the approval of an Owner Participation Agreement, which shall occur as stated above. Presented by Approved as to form by ~~/A ¡jø Laurie Madigan Community Development Director A~ A~~::ey /5-/3Lf EXHIBIT A OF CITY COUNCIL ORDINANCE NO.- ~/ i , I ' --~- I ( ~ ~ I ~ / I ,.., , I I ~-z- 7/1' I' "t / ~ ~ , \ ~ § / : ......" .1~~;. ¡ : I~ = §' :1 \'- .~ ~ II ! I /t o~s /' :- Y II t i r ~ I j 1\ !i1~ I : '/----, II:! I I . I ~ ' . ;.: . ~ ' I .' I ..'"~ ' . ,---Jlh i ! . ----LJi ~ " II -...- , I ~ :. Ii' -I .-... , ! j : I I I ' . !I 'I: tj ~:8 I : :.. ¡i! r 1/ ~ .~. : II I' : I / ~ -Jim--~ l i i -Z- ~ ~ i : j ~ ~ ¡ I ¡ ~ ~ ¡ I ~ ¡ I ~ ~ I"I~J , I r, Q ; I 1 -- 1_____- I ! I-=--~------- .~ ~ ! Ið 'fW\\ ~~ u~ I ,\, ~h!U --------- I s- /3$ EXHIBIT A OF CITY COUNCIL ORDINANCE NO. CITY OF CHULA VISTA AUTO PARK EAST SPECIFIC PLAN (PCM-O2-10) Adopted by: City of Chula Vista City Council and Redevelopment Agency Adoption Date: I :r' J 3/P /1 TABLE OF CONTENTS I. INTRODUCTION PAGE 1 A. Purpose Page 1 B. Statutory Authority Page 1 C. Relationship to Other Plans and Policies Page 1 D. Specific Plan Objectives Page 1 E. Site Location Page 2 F. Surrounding Uses Page 2 G. Site Characteristics Page 2 H. Issues and Opportunities Page 2 I. Development Concept Page 3 II. LAND USE REGULATIONS PAGE 4 A. Pennitted Land Uses and Distribution Page 4 B. Prohibited Uses Page 5 C. Outdoor Uses Prohibited - Exceptions Page 5 III. DEVELOPMENT STANDARDS PAGE 6 A. Lot Configuration Page 6 B. Lot Coverage/Floor Area Page 6 C. Height Page 6 D. Building Setbacks Page 6 E. Parking Page 6 F. Landscaping Page 6 G. Signs Page 7 H. Walls/Fences Page 7 I. Trail Easement Page 7 IV. DESIGN GUIDELINES PAGE 8 V. PERFORMANCE STANDARDS AND CONDITIONS PAGE 8 A. Hours of Operation Page 8 B. Promotional Displays and Events Page 8 C. Outdoor Speakers and Pagers Page 8 D. Carwash Facilities Page 8 E. Facility Maintenance Page 8 F. Rideshare Incentives Page 8 G. Lighting Page 9 VI. INFRASTRUCTURE AND SERVICES PAGE 10 A. Water Page 10 B. Wastewater Page 10 C. Stonn Water and Drainage Page 10 D. Solid Waste and Recycling Page 10 E. Energy Page 10 F. Streets and Circulation Page 11 VII. IMPLEMENTATION PAGE 12 VIII. ENVIRONMENTAL REVIEW PAGE 13 IX. AMENDMENTS TO THE SPECIFIC PLAN PAGE 13 X. AUTO DEALER ASSOCIATION PAGE 13 XI. ENFORCEMENT PAGE 13 /6- J 3'1 Auto Park East Specific Plan (PCM-02-1 0) I. INTRODUCTION A. Purpose The Auto Park East Specific Plan, ("Project"), is a policy and regulatory tool that will guide the development of the Project site using a focused development scheme. It provides a bridge between the broad policies of the General Plan and the detailed development objectives for the site. This Specific Plan supercedes the applicable zoning provisions for the site by establishing land use and development regulations that are specifically adapted to the proposed development of the Project site. The provisions of this Specific Plan are intended to be responsive to constraints and opportunities on the site and the objectives of the Project while implementing adopted policy. The Auto Park East Specific Plan has been prepared to plan and implement the easterly expansion of the Chula Vista Auto Park, ("Auto Park"), on Main Street in the City of Chula Vista. The guiding rationale behind this Specific Plan is to ensure the orderly and viable development of the Project site and the implementation of the policies of the General Plan and the Otay Valley Road Redevelopment Project Area. The comprehensive and coordinated development of the easterly expansion of the Auto Park will benefit the City and the Otay Valley Road Redevelopment Project Area by removing blight and facilitating new development that will expand commercial opportunities and the employment base. B. Statutory Authority The Auto Park East Specific Plan is adopted by ordinance in accordance with Chapter 19.07, Specific Plans, ofTitle 19, Zoning, of the Chula Vista Municipal Code and Sections 65450-65457 of the California Government Code. Chapter 19.07 adopts and incorporates the Government Code Sections 65450-65457 by reference as though set forth in full. C. Relationship to Other Plans and Policies The Auto Park East Specific Plan implements the broad policies of the General Plan and the Redevelopment Plan for the Otay Valley Road Redevelopment Project Area by establishing permitted land uses, development standards, design guidelines, and entitlement processes for the expansion of the Chula Vista Auto Park. This Specific Plan supersedes the zone regulations for the Project site. Where in conflict with the Chula Vista Municipal Code, this Specific Plan shall apply; and where this Specific Plan does not address a topic, the Chula Vista Municipal Code and other applicable policies and regulations shall apply. D. Specific Plan Objectives The primary objectives of the Auto Park East Specific Plan are: 1. The expansion of the existing Auto Park to create a regional destination automobile sales and service park with supporting uses. 2. A distinct identity for the Auto Park and a thematic link to other attractions in the Otay Page 1 of 13 /.5'" 13 ß Auto Park East Specific Plan (PCM-02-10) Valley through the Main Street Streetscape Master Plan. 3. The comprehensive and coordinated development, operation, and maintenance of the Project site. 4. An improved image of the Main Street corridor and adjacent land uses. 5. The provision of all necessary inftastructure, services, and facilities at the time of need. E. Site Location The Auto Park East Specific Plan site is located along Main Street within the City of Chula Vista, approximately one half mile east of Interstate 805. The Project site consists of approximately 31 acres on the south side of Main Street to the east of Brandywine Avenue and to the west of Max well Road. F. Surrounding Uses Immediately adjacent land uses include the existing Auto Park to the west, the Auto Park North expansion site and industrial parks to the north (across Main Street), and the Otay Valley Regional Park and Otay River to the south and east. Miscellaneous industrial and commercial uses are located along the Main Street corridor along with open space related to the Otay River Valley. The Otay Landfill is located to the northeast of the Project site; the Coors Amphitheater and Knott's Soak City are located to the east. G. Site Characteristics The Project site includes approximately 31 acres on the south side of Main Street with approximately 2,910 feet of frontage along Main Street and a maximum depth of approximately 600 feet. The site was previously developed and used for agricultural purposes and also included the former City Animal Shelter, which was demolished in 2002. The site has been stocked with imported fill under an uncontrolled embankment permit. H. Issues and Opportunities The relative shallow depth of the site and its extensive ftontage along a Prime Arterial Street could result in design and access issues for future development. The prime arterial designation for Main Street presents the need to carefully consider suitable types of land use for the site. However, these same attributes present opportunities for appropriate types of land uses such as the proposed Auto Park East expansion. The Specific Plan addresses these and other issues and opportunities through land use, development regulations, and design standards. 1. Issues a. The relatively shallow depth of the site is a development consideration and a potential design constraint. b. The adjacency of the site to the Otay Valley Regional Park and habitat could affect the types of appropriate uses and operations that could be allowed on portions of the site. Page 2 of 13 J s-/3Cf Auto Park East Specific Plan (PCM-02-1 0) c. Main Street is designed as a prime arterial intended to move large volumes of traffic at relatively high speeds with minimal access. d. Key intersections and the Main Street corridor east of Interstate 805 lack identity and the existing streetscapes have no unifYing theme. 2. Opportunities a. The planned development of the site will provide for an appropriate use of the under-utilized property and further the redevelopment objectives of the Otay Valley Road Redevelopment Project Area. b. Comprehensive planning and design will result in efficient circulation, safe access, and the effective use of inftastructure and other improvements. c. There are adequate public facilities and services that now exist or that can be easily provided to serve the site. d. The relatively great distances between the site and the nearest residential developments serve as effective buffers of uses and activities on the site, including light and noise. e. Key intersections can be used to create focal points, and this segment of Main Street can be unified under one streetscape and landscape theme. f. Close proximity to Interstate 805, the water park, the amphitheater, the planned regional park, and other potential land use attractions in the Otay Valley create the opportunity to develop a coordinated theme and image for the Main Street corridor. I. Development Concept The Chula Vista Auto Park is intended to be a regional automobile sales and service destination located within the Otay Valley Road Redevelopment Project Area. The existing 24-acre Auto Park was constructed in 1991-1995. The Auto Park North expansion was approved in June 2003 and will add approximately 39 acres to the Auto Park. The Auto Park East expansion will add approximately 31 acres to the Auto Park for a total of approximately 94 acres. The Auto Park East Specific Plan would allow new car dealerships on at least 75 percent of the site. The Specific Plan would allow the construction of at least 200,000 square feet of dealership buildings, not including parking structures. The floor area for these buildings would vary depending on the development proposals submitted for individual dealerships. These buildings would typically include showrooms, offices, service stations, and parts departments. Up to 25 percent of the site could be developed with supporting uses such as automotive repair and supply, service station, car wash, and restaurants. The development concept is illustrated in Exhibit "A." Page3 of 13 /5- I'-!-() Auto Park East Specific Plan (PCM-O2-10) II. LAND USE REGULATIONS A. Permitted Land Uses and Distribution The Auto Park East Specific Plan allows the development of new automobile sales dealerships and supporting uses. The following are the uses permitted within the Auto Park East Specific Plan: 1. Automobile Sales. Automobile, as used in this Specific Plan, shall mean passenger cars, light trucks, and motorcycles. Automobile sales uses shall occupy at least 75 percent of the gross Project area and at least 60 percent of the Project frontage along Main Street. a. Retail sales, leasing, and display of new automobiles; b. Fleet sales and wholesaling of new automobiles when incidental to on-site retail sales of new automobiles; c. Retail sales, leasing, and display of used automobiles when incidental to on-site retail sales of new automobiles and not exceeding 50 percent oftotal inventory; d. Automobile rentals when incidental to on-site retail sales or service of automobiles; e. Automobile inventory parking when incidental to on-site retail sales of automobiles; f. Automobile service, maintenance, and repair (including body repair) when incidental to on-site retail sales of new automobiles. g. Ancillary customer services within dealership buildings, including but not limited to business centers and food services. 2. Automobile Inventory Parking (not an incidental use). Automobile Inventory Parking shall not occupy more than 25 percent of the gross Project area and no more than 40 percent of the Project ftontage along Main Street. 3. Supporting Uses (not an incidental use). Supporting uses shall not occupy more than 25 percent of the gross Project area and no more than 40 percent of the Project ftontage along Main Street. a. A TV Sales and Service b. Automobile Accessories Sales, Installation, and Service c. Automobile Glass Repair d. Automobile Glass Tinting e. Automobile Parts Sales f. Automobile Upholstery g. Automobile Audio and Video Sales, Installation, and Service h. Automobile Detailing i. Automobile Service Station, with or without convenience store Page 4 of 13 15.; I 'f / Auto Park East Specific Plan (PCM-O2-1O) j. Car Rental k. Car Washing 1. Auto Body Collision Repair m. Custom Wheels / After Market Specialty Wheels n. Office o. Restaurant / Deli p. RV Sales, Parts, and Service q. Tire Sales, Installation, and Service r. Truck Rental and Trailer Rental 4. Accessory Uses and Structures. Accessory uses and structures that are appurtenant to the above permitted uses, provided that such uses and structures are screened ftom public view or incorporated into the architecture and design of this Specific Plan and subsequent development plans. B. Prohibited Uses Any use not expressly permitted by this Specific Plan or its amendments is prohibited. C. Outdoor Uses Prohibited - Exceptions Outdoor uses and storage are prohibited, and all permitted uses shall be conducted within completely enclosed buildings, except for the following: 1. Automobile display. 2. Automobile inventory parking. 3. Parking and loading facilities. 4. Dining. 5. Promotional displays and events pursuant to Section V.B. Page 5 of 13 /S~/Lf~ Auto Park East Specific Plan (PCM-OZ-l 0) III. DEVELOPMENT STANDARDS A. Lot Configuration 1. Lot Size (min.): 10,000 square feet. 2. Lot Width (min.): 100 feet. 3. Lot Depth (min.): 100 feet. B. Lot CoveragelFloor Area The maximum lot coverage shall not exceed 50 percent. The cumulative floor area for automobile sales uses shall not exceed 200,000-square feet or any square footage that would result in total average daily trips (ADT) in excess of 1 0,000 in Project traffic generation, unless demonstrated that total ADT for the Project site will not exceed 23,170. The cumulative floor area for supporting uses shall not exceed any square footage that would result in total ADT in excess of 13,170 in Project traffic generation. Parking structures shall not be counted towards the maximum floor area allowed on the Project site. C. Height The maximum height of buildings and other structures shall not exceed 45 feet, except for architectural features and other exceptions as provided in the Chula Vista Municipal Code. D. Building Setbacks 1. Main Street Setback: 30 feet. 2. Southern Project Boundary Setback: 60 feet. a. Top of Slope Setback: 30 feet in addition to the required 60-foot setback. b. Top of Wall Setback: -0- feet. 3. All Other Setbacks: 10 feet. E. Parking and Loading Off-street parking and loading shall be provided pursuant to the provisions of the Chula Vista Municipal Code. On-street parking shall be allowed, except along Main Street. F. Landscaping A minimum of 15 percent of the Project site shall be landscaped. Lots shall be landscaped to a depth of at least 1 0 feet along property lines, except for approved driveways, parking areas, display areas, /5 - jLf8 Page 6 of 13 Auto Park East Specific Plan (PCM-O2-1O) loading areas, and other approved facilities. Landscaping consisting of noninvasive and/or native plant materials, including trees, shrubs, and ground cover, shall be installed and maintained along the southern Project boundary on all manufactured slopes and walls. Landscape plans shall be consistent with the Design Guidelines (Section IV) and shall be submitted with the required development plans to the Design Review Committee for design review approval (Section VII) and also to the Otav Vallev Regional Park Citizens Advisorv Committee for COmment. G. Signs In addition to the following specific requirements, the Chula Vista Municipal Code provisions regulating signs shall apply to signs within the Auto Park East Specific Plan. 1. A planned sign program shall be prepared for each parcel and shall be submitted with the required development plans to the Design Review Committee for design review (Section VII). Planned sign programs shall be consistent with the Design Guidelines (Section N). The Design Review Committee shall consider only architectural compatibility of the sign structures, and non-communicative aspects of the signs, such as location, size, height, orientation, lighting, etc., and shall not consider the graphic design or message on the sign face. 2. All planned sign programs shall incorporate by reference all of the provisions of the Chula Vista Municipal Code, Chapter 19.60, Signs. 3. Signs within the California Department of Transportation ("Caltrans") jurisdictional areas shall be subject to approval by Caltrans. H. WallslFences Walls along the southern Project boundary shall be screened with barrierplantings and/or incorporate landscape planters or pockets that use noninvasive and/or native plant materials, including trees, shrubs, and ground cover. A post and rail fence (per City Standard) shall be installed within the southem Project boundary. Other walls and fences may be permitted pursuant to the provisions of the Chula Vista Municipal Code. Wall and fence plans shall be consistent with the Design Guidelines (Section N) and shall be submitted with the required development plans to the Design Review Committee for design review (Section VII). I. Trail Easement A IS-foot wide trail easement shall be provided within the southerly Project boundary to allow for the potential construction, operation, and maintenance"óf a trail serving the Otay Valley Regional Park, unless an alternate location is identified to the satisfaction of the Community Development Director. The easement shall be provided as an assignable irrevocable offer of dedication in favor of the City. /6-/'1'1 Page 7 of 13 Auto Park East Specific Plan (PCM-02-10) IV. DESIGN GUIDELINES The City of Chula Vista Design Manual and Landscape Manual and the Main Street Streetscape Master Plan shall apply to the Auto Park, including individual parcels. The landscape design of individual parcels shall also be consistent with the approved landscape design of the existing Auto Park. Improvements and landscaping in the Main Street right-of-way and adjacent setbacks shall be consistent with the Main Street Streetscape Master Plan. V. PERFORMANCE STANDARDS AND CONDITIONS The performance standards of the Chula Vista Municipal Code shall apply to land uses in the Auto Park. In addition, the following standards and conditions of operation shall apply to land uses in the Auto Park. A. Hours of Operation The hours of operation/business hours shall be limited to 6:00 a.m. to 12:00 a.m. The hours of operation for collision repair facilities shall be limited to 7:00 a.m. to 7:00 p.m. B. Promotional Displays and Events Promotional displays and events (Including signs listed in Section IILG.3.) may be allowed for each dealership up to 120 days each calendar year subject to the review and approval of plans by the Zoning Administrator. C. Outdoor Speakers and Pagers The use of outdoor speakers, intercoms, sound systems, and audible pagers shall be prohibited. D. Carwash Facilities Car washing shall only be allowed at approved carwash facilities. Carwash facilities shall include water recycling, and runoff/pollution prevention features. E. Facility Maintenance Facilities, grounds, and appurtenant off-site improvements, including buildings, structures, signs, landscaping, irrigation, parking lots, streets, medians, parkways, slopes, and drainage systems shall be maintained as provided in the covenants, conditions, and restrictions (Section X). F. Rideshare Incentives Businesses shall provide employees with rideshare or alternative commuting incentives. Preferential parking shall be provided for carpools and vanpools. /5-It..fS Page 8 of 13 Auto Park East Specific Plan (PCM-02-1O) G. Lighting Lighting plans shall be consistent with the Mitigation Monitoring and Reporting Program, and include the use of minimal lighting levels, directed lighting, shielded fixtures, and low pole/standard heights. Non-security lighting shall be turned off by 12:00 a.m. Page 9 of 13 /5- It./- & Auto Park East Specific Plan (PCM-02-10) VI. INFRASTRUCTURE AND SERVICES A. Water A Water Conservation Plan (WCP) shall be prepared for each parcel prior to the issuance ofbuilding permits. B. Wastewater Sewer service to the Project site is provided by the City, which operates and maintains its own wastewater collection system, which connects to the City of San Diego Metropolitan Sewer System. A sewer study/analysis shall be prepared for all development within the Project. Any necessary easements for the installation, operation, and maintenance of sewer facilities shall be provided. A sewage participation fee and other applicable sewer fees shall be paid at the time of connection to the public sewer. C. Storm Water and Drainage All development shall comply with the City of Chula Vista Storm Water Management Standards Requirements Manual and shall employ Best Management Practices (BMPs) to prevent pollution of the storm water conveyance systems, both during and after construction. In addition, all development shall comply with the requirements of the National Pollution Discharge Elimination System (NPDES) Municipal Permit, including Standard Urban Storm Water Mitigation Plans (SUSMP) and Numeric Sizing Criteria. A Storm Water Pollution Prevention Program (SWPPP) shall be implemented concurrently with the commencement of any grading activities in the Project area. D. Solid Waste and Recycling All development plans shall provide recycling and trash enclosures with sufficient capacity to provide for the separate collection of trash, mixed paper, rigid container, and yard waste generated by each business with not more than five weekly collection stops per material per week. Enclosures shall be sized pursuant to the Recycling and Solid Waste Plan Guide. A solid waste and recycling plan for each business shall be submitted to the Special Operations Manager for review and approval prior to issuance of building permit. Automotive businesses may take part in the City sponsored State Certified Used Oil and Filter Drop Off Program. E. Energy An Air Quality Improvement Plan (AQIP) shall be prepared for each parcel prior to the issuance of building permits. /5- li-f 1 Page 10 of 13 Auto Park East Specific Plan (PCM-02-10) F. Streets and Circulation Main Street is designated as a prime arterial. The development of the Project site and appurtenant off-site facilities shall be consistent with the standards and specifications for this roadway classification, unless otherwise modified by appropriate action. Intersections at Main Street shall be fully signalized. Variations of this requirement, such as right-in- only and/or right-out-only intersections shall be subject to the approval of the City Engineer. Street alignments and intersections shall be considered and coordinated with the alignments and intersections of streets on the north side of Main Street. Driveway access shall not be allowed along Main Street. The munbers and locations of driveway approaches shall be minimized and shared whenever feasible. Reciprocal access shall be provided between all parcels. Private streets and driveways with reciprocal access shall be allowed in addition to or in lieu of public streets, subject to approval of the City Engineer. Internal circulation and access shall be provided between the easterly terminus of Auto Park Drive and Maxwell Road at Main Street. On-street parking shall be allowed within the Project boundaries. Public transit improvements shall be integrated into the Project design as determined by the responsible transit agencies. These improvements may include, but are not limited to, bus turnouts, shelters, and benches. Pedestrian, bicycle, and other transportation modes shall be accommodated as appropriate or required within the public right-of-way and on individual lots. All improvements shall meet ADA requirements for parking and accessibility. /5-)l./g Page II of 13 _.~. ._-----~.- Auto Park East Specific Plan (PCM-O2-1O) VII. IMPLEMENTATION A. Applications and Plans The City's review of applications and plans shall be governed by the provisions of this Specific Plan, any existing or future agreements, the adopting ordinances and resolutions, and applicable federal, state, and local ordinances. B. Modifications Modifications to provisions of this Specific Plan may be made by the Zoning Administrator upon findings of substantial conformance with this Specific Plan. If the Zoning Administrator is unable to make findings of substantial conformance, then an amendment of this Specific Plan may be proposed (Section IX). C. Design Review Development plans for individual parcels shall be submitted to the Design Review Committee for review and approval pursuant to the design review process of the Chula Vista Municipal Code and prior to the issuance of building permits for the parcel. D. Off-Site Improvements All required off-site improvements, including, but not limited to landscaping, medians, parkways, streets, sidewalks, curbs and gutters, streetlights, traffic signals, signs, utilities, and other facilities, services, and infrastructure, shall be completed prior to issuance of certificate of occupancy. E. Compliance All land divisions and consolidations, improvement plans, grading plans, landscape plans, and building plans shall comply with local, state, and federal codes, regulations, standards, and guidelines; this Specific Plan; and any existing or future agreements. F. Owner Participation Agreement A master Owner Participation Agreement (OP A) shall be required for the implementation of the Auto Park East Specific Plan. Page 12 of 13 /5-/Y-'1 Auto Park East Specific Plan (PCM-O2-10) VIII. ENVIRONMENTAL REVIEW A Mitigated Negative Declaration (MND) has been prepared for the Auto Park East Specific Plan, pursuant to the California Environmental Act (CEQA), finding that the Project with mitigation will not create significant environmental impacts. This environmental document shall be considered adequate and no other environmental review shall be required for subsequent development plans, provided the plans are in conformance with the Auto Park East Specific Plan. The project revisions and/or mitigation measures contained in the Mitigation Monitoring and Reporting Program (MMRP) shall be implemented by the Project and, where in conflict with the provisions of the Specific Plan or other applicable policies, the MMRP shall apply. IX. AMENDMENTS TO THE SPECIFIC PLAN The Auto Park East Specific Plan may be amended pursuant to applicable state and local laws, codes, and regulations. X. AUTO DEALER ASSOCIATION An auto dealer association shall be established and maintained for the duration of the Project. All auto dealerships within the Auto Park East Specific Plan shall be required to maintain membership at all times with the association. Articles of incorporation, by-laws, and covenants, conditions, and restrictions (CC&R's) shall be prepared and submitted to the Redevelopment Agency forreview and approval and shall take effect prior to occupancy. The CC&R's shall include provisions for the maintenance and operation of dealerships and all other land uses, including appurtenant rights-of-way and off-site facilities. These provisions shall include maintenance standards for buildings, structures, signs, landscaping, irrigation, parking lots, private streets, medians, parkways, slopes, drainage systems, and all other inftastructure. XI. ENFORCEMENT The provisions of the Auto Park East Specific Plan shall be enforced pursuant to the provisions for enforcement contained in the Chula Vista Municipal Code. Page 13 of 13 / õ- /60 EXHIBIT A OF SPECIFIC PLAN PCM-O2-10 \ 1 1~ \ .- ~ ì~ ~ ~ : I > " I. I, \ ~ . " . . ¡ I ¡ I } r\ ~ I! V~ ¡ ,1 Iii ~!I f ~ .:91 ~:;!I . : I s' ;~ ~ . ~~ , .1; , .~ II . ~ =II , ~ ~ I ::; : ~ f. -z- ~ J' ~a , I &1. j ~ ~~ :..I.'.~I. ~~¡ J' -- i C..,.. \\ - r-.- -- --- ~ ~~\\ ~d '~.' ~ K \\ ~ d ~~ ',\ ¡¡ ~ / 5-/5/""'----"~"~' ,,&, COUNCIL AGENDA STATEMENT Item ~ Meeting Date 06/01/04 ITEM TITLE: Resolution approving the renaming of the Bayshore Bikeway Sweetwater River Bridge to the Gordy Shields Bayshore Bikeway Bridge SUBMITTED BY: Director of General Services / City Engineer ~ (;f- REVIEWED BY: City Manager \)~ It (4/Sth vote: Yes - No.1U Nestled under the Interstate 5 and State Route 54 fteeways and above the Sweetwater Marsh National Wildlife Refuge is the Bayshore Bikeway Sweetwater River Bridge. The Bridge is the latest addition to the 26-mile Bayshore Bikeway and is part of San Diego's 1,000-mile bicycle network that was built exclusively for bicyclists and pedestrians. To commemorate this milestone and to pay tribute to one of the most dynamic members of the bicycling community, the City of Chula Vista would like to change the name of the Bayshore Bikeway Sweetwater River Bridge to the Gordy Shields Bayshore Bikeway Bridge. RECOMMENDATION: That City Council adopt the resolution. BOARDS/COMMISSIONS: N/A DISCUSSION: The Bayshore Bikeway is a 26-mile bicycle facility around San Diego Bay. Currently, approximately 11 miles of bicycle paths are in use on the Bikeway. The rest of the facility consists of on-street sections designated as either bicycle lanes or bicycle routes. A number of projects have been completed with regards to the Bikeway. In 1993, the Port District extended the Tidelands Park section of the path to the ferry landing. In January 1997, the City of Imperial Beach extended the Silver Strand section of bike path eastward along the bayftont ftom 7th Street east to 13th Street. This 1.2-mile project was constructed primarily within the old Coronado Branch of the San Diego & Arizona Eastern railroad right-of-way and will eventually be part of a bayftont linear park. Most recently, Caltrans completed a connection between the bikeway at Pepper Park in National City and the Sweetwater River Bikeway. This path section passes under 1-5 and the San Diego Trolley line at SR-54, allowing cyclists to ride east to Plaza Bonita. On April 17, 2004, SANDAG in conjunction with the Bayshore Bikeway Advisory Committee, Caltrans, the County of San Diego, the City of National City and the City Of Chula Vista, inaugurated the Bayshore Bikeway Sweetwater River Bridge. Attachment # 1 shows the location of the subject Bridge, which connects the City ofChula Vista with the City of National City. !(f; - / Page 2, Item I~ Meeting Date 06/01/04 In April 2004, County Supervisor Greg Cox sent a letter to Mayor Padilla requesting that the City of Chula Vista rename the Bayshore Bikeway Sweetwater River Bridge after Mr. Gordy Shields. The same petition was made to the City of National City, which shares jurisdiction over the bridge. This action will recognize Mr. Shields for his significant contribution to the Bikeway concept and his inspiring accomplishments as a bicyclist and as a member of the community. Mr. Shields was born in Boston, Massachusetts. In 1941, he came to reside in San Diego, where he attended San Diego State University obtaining his Bachelor and Master of Arts Degrees in Education. From 1948 to 1965, Mr. Shields taught at Grossmont High School and later at Grossmont College, retiring in 1979. He has been married for approximately sixty years and has three children. Mr. Shields was an original member of SANDAG's Bicycle/Pedestrian Advisory Committee in the early 1970's and was its chair for about ten years. He was also a founding member of the San Diego County Bicycle Coalition. Mr. Shields was one of the original proponents of developing the Bayshore Bikeway, participating on the citizen's advisory committee that supported the initial 1976 Caltrans Bayshore Bikeway planning study. He has been an active member of SANDAG's Bayshore Bikeway Working Group since it was formed in 1990. Currently, he is a very active member of the San Diego Cyclo-Vets. This organization was created to preserve, develop and administer the sport of amateur bicycle racing at the masters age. Besides publishing and editing "MasterLink", the official publication of the San Diego Cyclo-Vets, Mr. Shields ftequently participates in racing events, holding the current record for the 20-km time trial in the over-80 age group - a record he has retained for more than ten years. In addition, Mr. Shields has been honored with numerous Senior Olympic medals and National Championships in his age group. FISCAL IMPACT: None. Attachments: 1. Bayshore Bikeway Map J: IEngineerlADVPLAMTDA IGordy Shields Bridge Al13.sh.cb.doc /~...;;;. ~~ ~ f I I ! >- I III :l1li:: - I!! III ~ !! III ~ &! a: " Iii i 0 ~ ~ !i: :z: ~ 'I E Ii I r ~7 u"-./ RESOLUTION NO. 2004-- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE RENAMING OF THE BAYSHORE BIKEWAY SWEETWATER RIVER BRIDGE TO THE "GORDY SHIELDS BA YSHORE BIKEWAY BRIDGE" WHEREAS, nestled under Interstate 5 and State Route 54 fteeways and above the Sweetwater Marsh National Wildlife Refuge is the Bayshore Bikeway Sweetwater River Bridge; and WHEREAS, the Bridge is the latest addition to the 26-mile Bayshore Bikeway and is part of San Diego's 1,000-mile bicycle network that was built exclusively for bicyclists and pedestrians; and WHEREAS, on April 17, 2004, SANDAG, in conjunction with the Bayshore Bikeway Advisory Committee, Caltrans, the County of San Diego, the City of National City and the City of Chula Vista, inaugurated the Bayshore Bikeway Sweetwater River Bridge; and WHEREAS, shortly after the inauguration, County Supervisor Greg Cox sent a letter to Mayor Steve Padilla requesting that the City of Chula Vista rename the Bridge after Mr. Gordy Shields; and WHEREAS, the same petition was made to the City of National City, which shares jurisdiction over the bridge; and WHEREAS, Mr. Shields was one of the original proponents of developing the Bayshore Bikeway and was an original member of SANDAG's BicyclelPedestrian Advisory Committee, including being its chair for approximately ten years; and WHEREAS, Mr. Shields was also an original member of the San Diego County Bicycle Coalition and has been an active member of SANDAG's Bayshore Bikeway Working Group since it was formed in 1990; and WHEREAS, Mr. Shields has been honored with numerous Senior Olympic medals and National Championships for his age group and is an active member in San Diego Cyclo- Vets, which preserves, develops and administers the sport of amateur bicycle racing for. those of masters age; and WHEREAS, this action is meant to recognize Mr. Shields for his significant contribution to the Bikeway concept and his inspiring accomplishments as a bicyclist and as a member of the community. jiP-f NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula Vista does hereby approve the renaming of the Bayshore Bikeway Sweetwater River Bridge to "The Gordy Shields Bayshore Bikeway Bridge." Presented by Approved by :O~ê. 1-+ .....-- Jack Griffin Ann Moore Director of General Services City Attorney homelattorneylresolhistodclGardy Shields Bridge.doc /(p-6 COUNCIL AGENDA STATEMENT Item ,1"'/ , ' Meeting Date 6/1/04 ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A PLAN OF FINANCING IN CONNECTION WITH REFUNDING BONDS TO BE ISSUED FOR THE BENEFIT OF SAN DIEGO GAS & ELECTRIC COMPANY FOR PURPOSES OF SECTION 1313(a)(3)(A) OF THE TAX REFORM ACT OF 1986 AND SECTION 147(a) OF THE INTERNAL REVENUE CODE OF 1986 SUBMITTED BY: Director of Finance:.ftt- REVIEWED BY: City Manager&{t: VI' (4/5ths Vote: Yes _No-X.J 1'- In April 1996, the City Council adopted Ordinance 2669 amending Chapter 3.48 of the Chula Vista Municipal Code to permit the refinancing of regional utility projects previously issued by other issuers upon a finding of City benefit. On September 11, 1998, the City of Chula Vista and San Diego Gas & Electric Company (SDG&E) entered into a Letter of Agreement granting Chula Vista exclusive rights to be the issuer of SDG&E's Industrial Development Revenue Bonds (IDBs) on the following conditions: a) the processing of SDG&E's applications for IDBs is completed in a timely manner; and b) Chula Vista's issuance charge is no more than 25 basis points (in addition to Chula Vista's administrative costs related to bond issuance); and c) Chula Vista charges no annual fee or costs; and d) Chula Vista's Bond Counsel indicates that Chula Vista's involvement with respect to each issue of IDBs is permissible under the then-current tax laws and that it is not necessary to obtain a Superior Court judgment in a validation action. RECOMMENDATION: Adopt the resolution, which enables refunding bonds to be issued by the City of Chula Vista to have maturity dates later than the maturity dates of outstanding IDBs issued by the City of Chula Vista and the City of San Diego that are to be refunded. 11-1 Page 2, Item 17 Meeting Date 06/01/04 BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable. DISCUSSION: On March 23, 2004, the City Council authorized the issuance and sale of not to exceed $686,400,000 aggregate principal amount of lOBs to refund outstanding lOBs issued by the City of Chula Vista and the City of San Diego to finance certain costs of certain gas and electric facilities for SOG&E. Since then, SDG&E has determined that extending the maturity of some of these bonds would be fiscally prudent and could result in additional benefits to SDG&E and its ratepayers. In addition to seeking a lower interest rate through the issuance of the refunding lOBs, SOG&E is seeking to extend the maturities of the lOBs being refunded. Extending the final maturity of lOBs is a common practice among utility peers of SOG&E because of the typically long useful life of the facilities originally financed. The maturity extension has to be accomplished through the City's TEFRA hearing process and adoption of an approving Resolution. Extending the maturity of the refunding lOBs will allow SOG&E to maintain a lower-cost debt portfolio for a longer period of time. The ability to maintain a lower cost of capital over a longer timeframe could result in lower electric rates to the customers within and without the City of Chula Vista for a longer period of time. As indicated in the Resolution of March 23, 2004, these interest rate reductions reduce a cost component in the rates to be paid by industrial, commercial and residential utility customers within the City of Chula Vista. This would include electric rates paid by the City of Chula Vista itself for its energy needs. Internal Revenue Code section 147 requires a public hearing be held by either the applicable elected representative of the City or a designee. The Director of Finance has been previously delegated this authority. On May 25, 2004 at 6 p.m. a duly noticed public hearing was held in conference room 3 of the Public Services Bldg. for the purpose of taking any and all public testimony on this matter. Attached is a report of the Public Hearing (Exhibit B). The Resolution adopted this evening will provide SOG&E with the means to refund the identified bonds over approximately the next 3 years and extend the maturity date of those refunded bonds. The staff report presented during the March 23, 2004 Council meeting is included as supplemental information (Exhibit A). FISCAL IMPACT: SOG&E will reimburse the City for any staff costs and administrative expenses associated with this process whether or not Chula Vista ultimately issues the additional refunding lOBs. SOG&E also pays all legal counsel, financial advisors and bond issuing costs directly, including counsel representing City of Chula Vista's interests. IrJ-'d- Page 3, Item /7 Meeting Date 06/01/04 Attachments March 23, 2004 Item 2 - Staff Report (Exhibit A) Report of Public Hearing Concerning the City of Chula Vista lOB's (Exhibit B) 1'1--3 EXHIBIT A COUNCIL AGENDA STATEMENT Item ~ Meeting Date 3/23/04 ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE ISSUANCE AND SALE OF NOT TO EXCEED $686,400,000 AGGREGATE PRINCIPAL. AMOUNT OF INDUSTRIAL DEVELOPMENT REFUNDING REVENUE BONDS OF THE CITY OF CHULA VISTA TO REFUND CERTAIN BONDS ISSUED BY THE CITY OF CHULA VISTA AND THE CITY OF SAN DIEGO TO FINANCE COSTS OF CERTAIN GAS AND ELECTRIC FACILITIES FOR SAN DIEGO GAS & ELECTRIC COMPANY, AUTHORIZING THE EXECUTION AND DELIVERY OF AN INDENTURE OF TRUST AND A LOAN AGREEMENT PROVIDING FOR THE ISSUANCE OF THE BONDS AND THE REPAYMENT OF THE LOAN OF THE PROCEEDS THEREOF, RESPECTIVELY, AND RELATED MATTERS SUBMITTED BY: Director of Financ~ REVIEWED BY: City Manage~ O~ (4/5ths Vote: Yes _NolL) In April 1996, the City Council adopted Ordinance 2669 amending Chapter 3.48 of the Chula Vista Municipal Code to permit the refinancing of regional utility projects upon a finding of City benefit. Council also passed a resolution setting an issuance fee at 25 basis points (1/4 of 1 percent) of the principal amount, payable at the time of issue, plus costs. On September 11, 1998, the City of Chula Vista and San Diego Gas & Electric (SDG&E) entered into a Letter of Agreement granting Chula Vista exclusive rights to be the issuer of SDG&E's Industrial Development Revenue Bonds (IDBs) on the following conditions: a) the processing of SDG&E's applications for IDBs is completed in a timely manner; and b) Chula Vista's issuance charge is no more than 25 basis points (in addition to Chula Vista's administrative costs related to bond issuance); and c) Chula Vista char!;es no annual fee or costs; and d) Chula Vista's Bond Counsel indicates that Chula Vista's involvement with respect to each issue of IDBs is permissible under the then current tax laws 11-1 ::9-t EXHIBIT A EXHIBIT A Page 2, Item :2.. Meeting Date 3/23/04 and that it is not necessary to obtain a Superior Court judgment in a validation action. SDG&E has requested that the City refund previously issued series of lOBs. This Bond Resolution authorizes the issuance and sale of up to $686.4 million of lOBs to refund lOBs previo~ly issued by the City of Chula Vista and the City of San Diego to , finance or refinance certain costs of gas and electric facilities for SOG&E. The Chula Vista City Council has the ability to issue tax-exempt bonds for large industriaVmanufacturing projects. lOBs are tax-exempt bonds, which can raise funds for manufacturing businesses or energy development projects. RECOMMENDATION: Adopt the resolution, which authorizes the issuance and sale from time to time of up to $686.4 million refunding lOBs to refinance a like principal amount of outstanding lOBs. BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable. DISCUSSION: The Resolution authorizes the issuance of up to $686,400,000 of refunding lOBs in order to refund all or a portion of the outstanding IDBs issued by the City of Ghula Vista and the City of San Diego for the benefit of SDG&E and its ratepayers in order to generate interest savings. The lOBs will be sold at negotiated sales at such times as SDG&E requests, which will depend on the interest rate mar1<et being favorable. The Resolution would remain in effect for approximately 3 years. Specifically, tonight's action: . Finds that the refunding of the outstanding lOBs that financed or refinanced gas and electric generation, transmission and distribution facilities throughout SDG&E's service territory shall directly benefit the citizens of Chura Vista. . Authorizes refundin'g IDBs to be issued in one or more series in an aggregate principal amount not to exceed $686,400,000. Approves the draft forms of Indenture of Trust, Preliminary Official Statement, Bond Purchase Agreement, Loan Agreement and related documents providing for the terms for issuance of the IDBs, use of IDB proceeds and the repayment thereof by SOG&E, and authorizes the Mayor and staff to execute all necessary bond documents in final forms approved by the City Attomey. Findina of Local Public Benefit Pursuant to the Chura Vista Municipal Code ("CVMC") Chapter 3.48 the City is authorized to issue IDBs for basic utilities to reduce the cost of providing such service "7-5 ;;J4 EXHIBIT A EXHIBIT A Page 3, Item ~ Meeting Date 3/23/04 and thereby reduce the rates of industrial, commercial and residential utility customers within the City. CVMC Section 3.48.10.0 specifically provides as follows: Encouraging industrial and commercial development and the provision of basic utilities pursuant to this chapter (1) will promote health, safety and welfare of the city, including those public interests enumerated above, and will improve the social, moral, economic and physical condition of the community thereby, and (2) constitutes a municipal affair of the city, a valid exercise of the police powers of the city, and a public purpose in which the city has a peculiar and unique interest. The IDBs to be issued to refund the IDBs originally issued to finance gas and electric generation, transmission arid distribution facilities throughout SDG&E's service territory, including Chula Vista, shall directly benefit the citizens of the City by reducing the costs of providing utility service, thereby reducing a cost component in the rates to be paid by industrial, commercial and residential utility customers within the City. This would include rates paid by the City itself for its energy needs. Interest rate reductions are passed on to customers through periodic costs of capital proceedings conducted by the California Public Utilities Commission. These proceedings ensure that a reduction to SDG&E's average debt cost is translated dollar for dollar into reduction to the Company's revenue requirements, which determine the rates charged to customers. A list of the types' of facilities underlying the financing is attached to this report as Exhibit A.' Summary of Bond Documents The draft transaction documents are substantially the same as the transaction documents used by the City as issuer for previous lOB issues of this type. Copies of the transaction documents are attached to this report as Exhibit B. The Indenture of Trust is between the CitY of Chula Vista and the Trustee (U.S. Bank) and provides that the Trustee will keep records of the IDBs issued, administer the IDB proceeds in accordance with the Loan Agreement, receive loan repayments from SDG&E, and make the required payments to bondholders. the Official Statement is a disclosure document that provides potential buyers of the IDBs the information regarding how the proceeds will be used, what the source of the repayment will be, a legal opinion of tax exemption, and a description of the legal documents supporting the financial structure. 11-~ ~ rvmnTT . EXHIBIT A Page 4, \Item [L Meeting Date 3/23/04 The Bond Purchase Aareement is between the City of Chula Vista, SDG&E and the underwriting team. By this agreement the City agrees to sell, and the Underwriters agree to purchase, all of the IDBs issued at an agreed upon price and yield. The Loan Aareement is between the City of Chula Vista and SDG&E. It provides that the City will loan the proceeds of the IDBs to SDG&E to repay the loans with respect to the IDBs previously issued by the City of Chula Vista and the City of San Diego and that the loan repayment amounts by SDG&E will be sufficient to pay the principal and interest on the new lOBs issued. The Loan Agreement also establishes the City's compensation as the issuer, and includes SDG&E's agreement to indemnify the City against most risks arising from its role as issuer of the IDBs. Bond Counsel and Special Counsel The firm of Orrick, Herrington & Sutcliffe, LLP is bond counsel for the City as issuer in connection with the issuance of the new IDBs. The bond counsel was selected based on a longstanding involvement in SDG&E's prior lOB issuances. The firm of Jones Hall was selected as special counsel to revieW transaction documents and to prepare the City's required legal opinion. Jones Hall was selected to represent the City of Chula Vista's interests based on its participation in previous lOBs issued and/or refunded by the City of Chula Vista. SDG&E pays for all counsel, financial advisors and bond issuing costs directly. Except for special legal counsel representing City interests, SDG&E selects and recommends for Chula Vista approval all outside firms that make up the financing team. Bond Counsel has advised the, City and SDG&E that (a) Chula Vista's involvement with respect to each issue or refinancing is permissible under applicable laws, (b) a Superior Court validation judgment confirmed the City's authority to issue lOBs for this purpose, and (c) no additional Superior Court validation is required for the proposed refinancings. Leaal and Financial Risks In General The City will not be obligated to pay the principal or interest on the lOBs, or to discharge any other financial liability in connection with the proposed refundings, except from and to the extent of revenues received from SDG&E or from any third- party credit enhancer (for example, any bond insurer). This lOB issuance does not directly impact the City's bonding capacity because there is no governmental commitment to pay debt service on the lOBs in the event loan payments are not timely made by SDG&E. In case of default, the City's credit rating should not be affected. The lOBs are treated by the investors as conduit financing of the City, and payable from the limited revenues received under the Loan Agreement. This is similar to the 1r¡~7 '9-t. f EXHIBIT A EXHIBIT A Page 5, Item ;¿ Meeting Date 3/23/04 issuancè of Spècial Tax Bonds, where investors look only to the Special Tax Revenues in a Community Facilities District to pay the bonds and not to the City to make up shortfalls. Specific Risks and Responsibilities of the City of Chula Vista as Conduit Issuer of the Bonds 1. The lOBs are Limited Obliaations. The lOBs are limited obligations of the City payable from revenues of the City received pursuant to the Loan Agreement. The City ultimately is responsible for collection of SOG&E payments under the Loan Agreement and remittance of these payments to bondholders. This obligatiQn is mitigated by thè fact that the Bond Trustee will agree to perform thèse functions on behalf of the City. 2. Tax Compliance Functions. The City and SOG&E each covenant to comply with various sections of thè Internal Revenue Code in connection with the lOBs, regarding rebate payments. The City and SOG&E agree to undertake compliance with certain provisions of the Internal Revenue Code and Treasury Regulations with respect to the lOBs. This may include keeping detailed records with regard to certain types of investments, performing rebate analyses as necessary, making determinations with regard to investment contracts, and filing or causing to be filed certain reports with the IRS. As necessary the City can hire special counsel to assist with these functions and receive reimbursement for the costs from SOG&E. 3. Representations and Warranties. In connection with its tax covenants, the City makes various representations regarding the legal validity of its existence, its authority to issue the lOBs, restrictions on the use of lOB proceeds and replacement proceeds, as well as representing that the lOBs will not be used as an abusive arbitrage device. Most of the risks created by these statements and mitigated by reliance on opinions of bond counsel and SOG&E indemnities. Further, because the proposed lOBs will be refunding bonds (as opposed to "new money" bonds), the obligation tö track the use of proceeds and arbitrage are not significant risk factors. This is because tax-exempt refunding bond proceeds must be used within 90 days for the sole purpose of refunding outstanding lOBs. 4. Administrative Functions. Amendments to the Indenture, the Loan Agreement and various other documents associated with the lOBs generally require the City's approval. In addition, in consultation with SOG&E, the City may determine whether the lOBs are to be held in book-entry or certificated form, and may execute new and/or replacement bond certificates upon registration, transfer, mutilation, destruction, theft or loss of the original IDB bond certificates. Again, the City can hire special counselor other consultants to assist with these functions and receive reimbursement for the costs from SOG&E. )r'-<6 ~ EXHIBIT A EXHIBIT A Page 6, Item 2- Meeting Date 3/23/04 5. Litiaation Risk. If there is litigation in connection with the IDBs, or if the IRS should audit the tax-exempt status of the IDBs, the City could incur legal and other consultant expenses. Although the City is indemnified by the SDG&E for such expenses, such indemnification provisions are subject to interpretation by a court. Further, indemnification by SDG&E may not .be financially feasible if SDG&E at that time is insolvent. With respect to IDBs the City has already issued or refunded for SDG&E, this risk already exists. Reducing the cost of this debt through the refunding process' somewhat reduces the risk of a SDG&E default. 6. Reoutation Risk. By attaching its name to the mar1<eting and issuance of the IDBs, the City implicitly warrants throughout the period that the IDBs are outstanding that the IDBs have been validly issued and that interest on the IDBs is tax-exempt. The City may suffer adverse reputational consequencEls should this not be true, Or if the SDG&E should default on its obligations in connection with the IDBs. On the other hand, based on discussions with a trusted financial advisor, given the limited obligation nature of the IDBs, a default is not likely to have a material impact on the City's ability to issue traditional debt. RSCAL IMPACT: Given current mar1<et conditions and SDG&E's debt portfolio, SDG&E believes that it can refinance approximately $194 million of its outstanding IDBs in 2004. This would result in: Annualized customer rate reductions across SDG&E's $4.5 million Service territory, including the City of Chula Vista Annualized City of Chula Vista customer rate reductions $ 221,860 (about 4.9% of total) City of Chula Vista revenues: up-front issuance fees $ 485,000 (0.25% of principal) The above assumes current tax-exempt bond market conditions remain in effect. SDG&E's decision to refinance, as well as the savings realized, will ultimately be determined by market conditions at the time of the transactions. SDG&E will reimburse the City for any staff costs and administrative expenses assoCiated with this process whether or not Chura Vista ultimately issues the Bonds. SDG&E also pays all legal counsel, financial advisors and bond issuing costs directly, including counsel representing City of Chula Vista interests. Per the 25 basis points set by Council, if the entire $686.4 million of IDBs are issued, the fee paid to the City t7-q <""\ I FXHTRTT A _.._...~-_._.- ;Þ EXHIBIT A Page 7, Item Meeting Date 3/23/04 would be $1,716,000. Within the next 90 days, it is anticipated that SDG&E will refund approximately $194 million in ID8s, which will generate $485,000 in issuance fees for the City. This revenue would be deposited into the City's General Fund. Thereafter, additionallDB issues are likely, but not guaranteed, and will occur at the discretion of SDG&E. Attachments Resolution Description of Financial Facilities (Exhibit A) Bond Documents (Exhibit B) . Indenture of Trust . Preliminary Official Statement . Bond Purchase Agreement . Loan Agreement 17../0 ~ I'HITRTT ð Exhibit B REPORT OF PUBLIC HEARING CONCERNING THE CITY OF CHULA VISTA INDUSTRIAL DEVELOPMENT REVENUE REFUNDING BONDS (SAN DIEGO GAS & ELECTRIC COMPANY) The TEFRA hearing was convened at the Public Services Building Conference Room 3 of the City ofChula Vista, 276 Fourth Avenue, Chula Vista, California on May 25, 2004 at 6:16 P.M., pursuant to Section 13 13 (a)(3)(A) of the Tax Reform Act of 1986, as amended (the "1986 Act") and Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code") and pursuant to public notices published in the San Diego Union Tribune on May 4, 2004, and the Orange County Register and the Imperial Valley Press on May 11,2004, relating to the proposal by the City ofChula Vista (the "City") to issue its industrial development revenue refunding bonds in one or more series for the benefit of San Diego Gas & Electric Company (the "Company"). Copies of the notices are attached hereto. The hearing was conducted by Maria Kachadoorian, the Director of Finance of the City. A record of the proceeding was made. Ms. Kachadoorian presided and noted that no persons were in attendance at the hearing. Ms. Kachadoorian stated the City proposes a plan of financing that includes up to $686,400,000 of revenue refunding bonds (the "Refunding Bonds") to be issued ITOm time to time in one or more series to assist the Company in refinancing the cost of the acquisition, construction and/or installation of certain gas transmission and distribution facilities and certain electricity generation, transmission and distribution facilities owned and operated by the Company. Ms. Kachadoorian explained that the City's proposed Refunding Bonds would be payable solely ftom amounts received by the City ftom or under one or more related loan agreements with the Company and would not be a general obligation of the City or the State of Cali fomi a or any political subdivision thereof, or a charge upon the full faith and credit or taxing power of any of them. Ms. Kachadoorian stated that if refunding bonds issued for the benefit of the Company have maturity dates later that the maturity dates of the outstanding bonds being refunded, Section 1313(a)(3)(A) of the 1986 Act and Section 147(f) of the Code provide that the refunding bonds will be exempt ITOm federal income tax only if, prior to their issuance, the refunding bonds are approved by an "applicable elected representative" of the City, as issuer of the refunding bonds, after a public hearing held following reasonable public notice. In connection with these rules, the Council of the City (the "Council") is an "applicable elected representative" of the City. The Director of Finance of the City is authorized to hold this public hearing. DOCSSF!:748533.! jr?-II Ms. Kachadoorian stated that Section 13 13 (a)(3)(A) of the 1986 Act and Section 147(t)(2)(E)(i)(I) of the Code provide that the Council, as an elected legislative body of the City, is an "applicable elected representative" of the City for purposes of giving such approvals. After reviewing the above matters for the benefit of those assembled for the public hearing, Ms. Kachadoorian requested anyone present who wished to be heard in connection with the proposed plan of financing, including the facilities to be refinanced, step forward and state his or her name. There being no statements or submissions, at 6:22 P.M., Ms. Kachadoorian declared the hearing on the proposed plan of financing, including the facilities to be refinanced, to be closed. Dated: May 25, 2004. . -2- DOCSSF!:748533.! Jí- ¡ ;V RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A PLAN OF FINANCING IN CONNECTION WITH REFUNDING BONDS TO BE ISSUED FOR THE BENEFIT OF SAN DIEGO GAS & ELECTRIC COMPANY FOR PURPOSES OF SECTION 1313(A)(3)(A) OF THE TAX REFORM ACT OF 1986 AND SECTION 147(F) OF THE INTERNAL REVENUE CODE OF 1986 WHEREAS, the City of Chula Vista (the "City") is authorized pursuant to its Charter and Chapter 3.48 of the Municipal Code of the City (the "Municipal Code") to assist in financing or refinancing utility facilities (located within and without the City); and WHEREAS, pursuant to Ordinance No. 2669 adopted on April 16, 1996, the City has amended Chapter 3.48 of the Municipal Code to authorize the City to issue refunding revenue bonds to refund bonds previously issued by other issuers to finance utility facilities located within and without the City; and WHEREAS, by Resolution No. 2004-093 adopted on March 23,2004, the Council of the City (the "City Council") authorized the issuance of not to exceed $686,400,000 of Industrial Development Refunding Revenue Bonds (the "Refunding Bonds") on behalf of San Diego Gas & Electric Company (the "Company") to refinance certain gas transmission and distribution facilities and certain electricity generation, transmission and distribution facilities located within and without the City (the "Refunding Projects") by providing for the redemption of outstanding Industrial Development Revenue Bonds and Industrial Development Refunding Revenue Bonds issued by the City or by the City of San Diego for the benefit of the Company; and WHEREAS, the Refunding Bonds will be "private activity bonds" for purposes of Title XIII of the Tax Reform Act of 1986, as amended (the "1986 Act") and Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"); and WHEREAS, if the maturity date of any issue of Refunding Bonds is to be later than the maturity date of the outstanding bonds to be refunded by those Refunding Bonds, prior to their issuance Section 1313(a)(3)(A) of the 1986 Act and Section 147(f) of the Code require such Refunding Bonds to be approved by an "applicable elected representative" of the issuing governmental unit, after a public hearing held following reasonable public notice; and WHEREAS, the City Council collectively is an "applicable elected representative" of the City for purposes of Section 1313(a)(3)(A) of the 1986 Act and Section 147(f) ofthe Code; and WHEREAS, all components of the Refunding Projects are located within the Counties of San Diego, Imperial or Orange in the State of California; and WHEREAS, there has been published, at least 14 days prior to the date hereof, in the San Diego Union-Tribune, the Orange County Register and the Imperial Valley Press newspapers of general circulation within the City and San Diego County, Imperial County and Orange County, respectively, a notice that a public hearing regarding the plan of refinancing that includes the Refunding Bonds would be held at Chula Vista City Hall, 276 Fourth Avenue, Chula Vista, DOCSSFI,742974.3 /1' IS California 91910, commencing at 6:00 P.M. local time, or as soon thereafter as the matter can be heard on May 25,2004; and WHEREAS, such hearing has been duly held on that date before the Director of Finance of the City, at which time an opportunity was provided to interested parties to present arguments both for and against the proposed issuance of the Refunding Bonds, as well as the Refunding Projects; and WHEREAS, it is intended that this Resolution shall constitute approval of the plan of financing that includes the Refunding Bonds by the City Council as an "applicable elected representative" of the City for purposes of Section 1313(a)(3 )(A) of the 1986 Act and Section 147(f) of the Code; NOW, THEREFORE, BE IT RESOLVED by the City Council as follows: SECTION 1. The City Council hereby finds and determines that the foregoing recitals are true and correct. SECTION 2. As an "applicable elected representative" of the City for purposes of Section 1313(a)(3)(A) of the 1986 Act and Section 147(f) of the Code, the City Council hereby approves the plan of finance that includes issuance of the Refunding Bonds ftom time-to-time to refinance the Refunding Projects. SECTION 3. The provisions of this Resolution are hereby declared to be severable. If any section, phrase or provision shall for any reason be declared to be invalid, such declaration shall not affect the validity of the remainder ofthe sections, phrases and provisions. SECTION 4. All resolutions or parts thereof in conflict herewith, if any (of which none are known to the City), are hereby repealed to the extent of such conflict. SECTION 5. The City Clerk of the City shall forward a certified copy of this Resolution and a copy of the affidavit of publication of the hearing notice to: David Augustine, Esq. Orrick, Herrington & Sutcliffe LLP Old Federal Reserve Bank Building 400 Sansome Street San Francisco, California 94111 -2- /7-¡tf DOCSSF1 :742974.3 S'¡<:CTION 6. This Resolution shall become effective immediately. Approved as to form: Ann Moore Presented by: City Attorney BY:~~~~ Ilub Maria Kachadoorian [Tit e] Finance DirectorlTreasurer PASSED, APPROVED, and ADOPTED by the City Council of the City ofChula Vista, California, this - day of -' 200_, by the following vote: AYES: Councilmembers: NAYES: Councilmembers: ABSENT: Councilmembers: ABSTAIN: Councilmembers: Stephen C. Padilla, Mayor ATTEST: Susan Bigelow, City Clerk -3- ) 7"/.5 DOCSSFI,742974.3 ....._._~---_.. Is PAGEl, ITEM NO.: MEETING DATE: 06/01 /04 CITY COUNCIL REPORT ITEM TITLE: REPORT: PRESENTATION OF THE FINAL IMAGE CAMPAIGN POSITIONING REPORT SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR ~ REVIEWED BY: CITY MANAGER Iv' 4/5THS VOTE: YES D NO 0 BACKGROUND During Fiscal Year 200012001, recognizing the importance of creating an economic vision and work plan that could be shared by residents, businesses, and the City's many public/private partners, the City Council initiated the development of the Chula Vista Economic Development Strategy (EDS). A 29-member Blue Ribbon EDS Steering Committee was created, comprised of educators, business representatives, lenders, real estate development professionals, international trade and tourism experts, transportation planners and others appointed by the Council. The result of an intensive 21-month work program undertaken by the Blue Ribbon Committee was the adoption by the City Council of an Economic Development Strategy (EDS) for the City in March 2004. The EDS serves as a basic blueprint for development designed to ensure short and long-term fiscal sustainability. The EDS expresses a shared vision, identifies the challenges and opportunities to achieving that vision, and provides a series of twelve (12) economic development goals and associated strategies. Goal Number Three (3) of the EDS is to "Convey a positive image in order to attract investment to the community." The implementation of this goal calls for the development of an economic development marketing campaign with an image enhancement component. During development of the EDS, an inter-departmental Image Task Force was created to guide the image enhancement efforts discussed and envisioned by the EDS Blue Ribbon Committee. Later the Task Force focused on implementation strategies for EDS Goal Number Three. It was determined that expertise of a consultant would be needed to assist in development of an overall image campaign strategy. The consulting firm The Right Question LLC was initially retained in September 2002 to assist staff to prepare an Economic Development Marketing/Image Enhancement Request for Proposal, including a detailed scope of work. Subsequently, The Right Question LLC was retained in May 2003 to develop a positioning analysis, messaging platform and marketing strategy for the image campaign. /S-I PAGE 2, ITEM NO.: IB MEETING DATE: 06/01/04 Ms. Stoorza-Gill of The Right Question LLC was scheduled to present the Final Positioning Report to City Council at the Council Workshop on March 25, 2004. Part of Ms. Stoorza-Gill's presentation was to include a recommended advertising campaign and tagline. The presentation was delayed pending clarification of ownership of the tagline. It has since been determined that the City owns the tag line and the issue has been resolved. RECOMMENDATION Staff recommends that the City Council: 1. Accept the Final Image Campaign Positioning Report prepared by The Right Question LLC; and 2. Direct staff to return at a later date with an implementation plan BOARDS/COMMISSIONS RECOMMENDATION Not applicable. DISCUSSION The Right Question LLC was retained to help the City develop a messaging and strategic platform for a marketing campaign. This effort included developing an in depth set of interview questions (discussion guide), and conducting 27 one-on-one and 2 group interviews resulting in a total of 40 respondents. The interviewees included a broad range of community members and senior managers from the City. The Final Positioning Report, prepared by The Right Question LLC, includes analysis of the information collected from the interviews, a recommended positioning goal, an overall message for the City (including messaging proof points), and a recommended marketing program. The data collected through the interview process led to the identification of the following common themes: . Several respondents said the City was emerging, or on the cusp of a perceptual breakthrough . City staff is seen as both the City's biggest supporter and toughest critic . Respondents also often cited City staff as one of the City's greatest attributes . Proximity to the border is cited as both positive and negative trait . Lack of private leadership among businesspeople in Chula Vista emerged as a problem . Respondents felt that the City has an identity crisis. Chula Vista is seen as Iwo distinct cities: East and West . Stronger marketing is needed . Many named "diversity" as one of the Cities most positive attributes Analysis of the interview responses led to the development of a positioning goal and an overall message. The recommended positioning goal capitalizes on the diversity within Chula Vista. Ig..-~ PAGE 3, ITEM NO.: 18 MEETING DATE: 06/01/04 Diversity in this case extends beyond ethnic diversity. The City is viewed as diverse on many levels including: geographically, educationally, professionally, economically and more. The overall message is the precise words to be used to communicate the City's position. The Right Question LLC recommended the following overall message: Chula Vista is a dynamic, emerging, richly diverse City, with an imminent future as a business, shopping and leisure destination for South County. Chula Vista maintains an open friendly community with the widest array of housing prices and styles in the region. Chula Vista offers a business-friendly environment and an accessible government, supporting an emerging high tech workforce. Its location is ideal: midway between downtown San Diego and the Mexican border. The consultant's report provides several messaging proof points to support this message. Finally, The Right Question LLC recommended the following marketing program: 1. Develop a unified plan incorporating goals from all City departments 2. Interact with the community (Speaker's Bureau, Events) 3. Publish a quarterly magazine and webzine 4. Develop a clear vision of Chula Vista's future and create a visual representation of the vision to communicate with the potential investors, developers, etc. 5. Create a signature annual event focusing on "diversity" 6. Communicate the findings of the final positioning report and continue interviewing to keep expanding knowledge of perceptions 7. Develop the next generation of local civic leadership 8. Create cross border think tank 9. 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